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Evaluation of the Monitoring & Enforcement Program Hawaii Coastal Zone Management Program, Office of State Planning Honolulu, Hawaii June 30, 1990 .Eugene 'AP. Dashied A I C P PLANNINC-1 SERVI 12" E S Land Use, Matine & Tiater Resource Plans Environmental -Impact Statements Hor,.617alu, Hawaii Hawaii Coastal Zone Management Program C-@valuation of the Monitoring and Enforcement Program Prepared for: Hawaii Coastal Zone Management Program Office of State Planning State of Hawaii Prepared by: Eugene P. Dashiell, AICP Planning Services 330 Coral Street, Suite 202 Honolulu, Hawaii 96813-5544 Phone and Fax (808) 537-9717 Subcontractors: Community Resources, Inc. Robert Stanfield 1088 Bishop Street, Suite 1102 Honolulu, Hawaii 96813 (808) 528-2211 Data House, Inc. Ryan Yamamoto 15th Floor, Ala Moana Building 1441 Kapiolani Boulevard Honolulu, Hawaii 96814 (808) 942-8108 N June 30, 1990 I I I I I I I I I I I I I I I I I Property Of NOAA Coastil Ser-view Centw LibraZ7 I 1,- I Contents FAge 1 Summary .............. ........................... 1 2 Introduction ............ ........................... 5 3 Information Needs of Hawaii's CZM Network Agencies ...... 9 4 Federal Standards for a CZM Monitoring Program ......... 15 5 Strengths & Deficiencies of the HCZMP Monitoring Program . 21 6 Monitoring Programs of Other States .................... 26 7 Recommendations for the HCZMP Monitoring Program ..... 38 8 Proposed HCZMP Monitoring Program .................. 44 Glossary ................. ............................. iii A "pendices r-IF A Chapter 205A and Supplements B H-PASS Input Forms and Pertinent Documentation C Sample Reports from Counties D Monitoring Guidance from OCRM and Federal CZM Act of 1972 Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page i E Evaluation of Eidsting H-PASS and Wang VS (Prepared by Data House, Inc.) F Monitoring Programs of Other States (Prepared by Community Resources, Inc.) G Typical Hardware and Software Specifications for the Proposed System (Prepared by Data House, Inc.) H Memoranda of Workshops and Other Communications Exhibits Follows Page 1 Hawaii CZMP: Organization and Functions .............. 9 2 Required OCRM Reporting Tables ..................... 20 3 Comparison of Programs of Other States ................. 26 4 Proposed Typical Input Form for Evaluation Purposes ....... 44 5 Financial Analysis of Proposed HCZMP Monitoring Program . 45 Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page ii Glossary Chapter 205A Coastal Zone Management, Hawaii Revised Statues. CDUA Conservation District Use Application (permit). CFR Code of Federal Regulations. CZM Coastal Zone Management. CZMA Federal Coastal Zone Management Act of 1972. DBED Department of Business and Economic Development. DPED Department of Planning and Economic Development, former HCZMP lead agency, split into two agencies: 1) Department of Business and Economic Development; 2) Governor's Office of State Planning, present HCZMP lead agency. DLNR Department of Land and Natural Resources. DOH Department of Health. DOT Department of Transportation. DOWALD Division (of DLNR) of Water and Land Development. EA Environmental Assessment. EIS Environmental Impact Statement. GIS Geographic Information System, a computer based mapping and data system. HCZM Hawaii Coastal Zone Management. HCZMP Hawaii Coastal Zone Management Program. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page iii H-PASS Hawaii Planning Activities Support System. LUDBA State Land Use District Boundary Amendment. Microcomputer A small, powerful computer which is inexpensive, readily available and well-supported on the retail market, and fits on a desktop. Usually a PC or a MacIntosh. Minicomputer A multi-user computer system based on terminals connected to the file server (the actual computer). Expensive, and requires custom support from specialized vendors. Not available or supported in the retail market. MSPM Memorandum for State Program Managers, from Chief, Coastal Programs Division, OCRM, June 12, 1990. M&E Monitoring and Enforcement, a function of the HCZM program. NPDES National Pollution Discharge Elimination System, permit, issued by the DOH, under authority of the federal Clean Water Act. Networked Under federal CZM law, a state's CZM program may use existing laws and agencies to implement CZM. This is called a networked structure. NOAA National Oceanic and Atmospheric Administration (Department of Commerce). MacIntosh Apple MacIntosh brand microcomputer. OSP Governor's Office of State Planning, HCZMP lead agency. OCRM Office of Coastal Programs and Resource Management (NOAA). Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page iv OEQC Office of Environmental Quality Control (DOH). PC Personal Computer; a microcomputer, typically an IBM- PC or similar. SMA Special Management Area (permit). State Clearing OSP is the State Clearing House for federal actions. House Review TMK Tax Map Key, a series of numbers which identify land parcels. 401 Water Issued by the DOH. Quality Certification Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page v 1 Summary Prima1y Conclusion. This report focuses on the monitoring program of the Hawaii Coastal Zone Management Program (HCZMP) which is intended to detect patterns of State and County agency compliance or non- compliance with CZM objectives and policies of Chapter 205A, Coastal Zone Management, Hawaii Revised Statutes. The conclusion of this report is that the existing monitoring program, H-PASS (Hawaii Planning Activities Support System), should be modified and restructured. The changes require acquisition of a new micro-computer-based information system which would be dedicated to HCZMP's monitoring program and which would not be intended to perform as a planning information database for State and County agencies. Dedicated hardware and software would be placed in each County and with HCZMP. Once a replacement system is operational, the existing H-PASS could be dismantled. This would yield annual cost-savings which would more than offset the acquisition and maintenance costs of a replacement system. These changes could take place within a year or two after agency approvals are obtained. Coun1y AgenU Reporting. For the best utility and economy, a monitoring program suitable to HCZMP would permit computerized data entry of Special Management Area permits at the County level . Such files should be easily transferred (either by mail on floppy disk, or by dial-up modem over standard telephone lines) to the HCZMP computer for inclusion in their quarterly, semi-annual, and annual reporting. Similarly, programs and actions by State and Federal agencies should be easily monitored and tracked via the same software. Data should never have to be re-entered or manually logged by HCZMP. The County agencies are basically conforming to this practice, but there needs to be a uniform database placed in operation in their offices. Because the Counties do not have micro-computers and related hardware available for this purpose, sdch hardware should be provided by HCZMP. State Aeengy Repor"n . State agencies have somewhat different requirements because of all those which have actions in the coastal zone, only DLNR issues permits of any significant volume. Other State agencies with actions or projects in the coastal zone tend to notify the public and agencies via public notices. Both can be monitored using the same Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 1 7.3.1 Add a checklist or scorecard which permits tabulation of the contribution to, or the taking from, the 7 objectives in Chapter 205A. Include best management actions, conformance with CZM plans, and conditions on SMA, CDUA, or other CZM-related actions or permits. Categorize (seawall, beach, marina, etc) SNIA and other permit actions to provide an additional level of detail and search capability by type of action. Entries on the checklist would be numeric in terms of the 7 objectives so that for each semi-annual report there would be a measurable statement of the contribution to or taking from the objective. This could be done by category of action as well, which would permit time-scale analysis of the relative proportion of actions for easy detection of trends. 7.3.2 HCZMP, themselves, would track and evaluate state and federal projects in the same manner against the same 7 objectives. If this initial tracking was too time consuming, a special directive could be sought from the Governor to all State agencies to perform this function and to submit the scorecard/c@ecklists themselves. 7.3.3 Scorecards/checklists would provide a standard evaluation format equally applicable to county, state or federal agencies and based on existing state law. Implementation of this concept (originally a concept in HPASS, but very complex, and not readily retrievable) would provide a near instantaneous way of monitoring and evaluating the progress of CZM actions and programs in Hawaii. 7.3.4 HCZMP could also consider strengthening its inspection capabilities to detect cases where there may be actions in the coastal zone which are being done without permits or without federal consistency declarations. 7.4 Actions to Improve Communication and Coordination. Successful monitoring relies on agency and citizen Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal zone Management Program, Office of State Planning Page 40 software which HCZMP would use to consolidate County data files. This may mean that new or revised reporting requirements should be imposed on State agencies in the interest of making the HCZMP monitoring program both more efficient and more useful as a basis for coastal planning. For example, each State agency with a proposed action affecting the coastal zone could be requested to submit a simple form describing the proposed action. Pro2ram Evaluation. At present, one cannot track, annually and quantitatively, the achievement (or lack) of the HCZMP in terms of the goals of the program as stated in Chapter 205A, Hawaii Revised Statues. This is because the monitoring program in the form of H-PASS does not have the data retrieval capability to do so. Moreover, although the original program may have had a sufficient amount of information to ultimately perform a program evaluation, because of the onerous and time-consuming data-entry and difficult data-retrieval problems, and because of constant hardware problems and failures, in recent years, complete data have not been entered in the system. The Objective of H-PASS. H-PASS was conceived in the mid-1970's as a means of providing a computerized planning information database to State and County agencies which would be interlinked through dedicated modems and telecommunications to a central mini-computer (a Wang VS system) located in Honolulu. H-PASS was intended to provide computerized services ranging from word-processing, to Capital Improvement Program budget database, to the Hawaii Coastal Zone Management Program's permit tracking system. The Liability of H-PASS. H-PASS is no longer a practical system and the cost to maintain it exceeds $30,000 annually. In some cases, networked agencies who were originally assigned terminals have disconnected or returned them to HCZMP. Others use the terminals only for maintenance of their own records (Department of Land and Natural Resource's Conservation District Use Application files) or for word processing (Department of Health's Office of Environmental Quality Control, Kauai County). In an evaluation of the use of H-PASS by then Department of Planning and Economic Development (November, 1985), the most frequently accessed data file (37 percent of all queries of H-PASS) was the Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 2 Capital Improvement Program, a function now with the Department of Budget and Finance. H-PASS software is a custom database program, which requires programming specialists, unavailable in most agencies, to access many data files in order to produce reports or to sort information. For several years it has been apparent that H-PASS does not serve its primary mission, which is to provide a means of monitoring CZM permit actions. H-PASS as a Plannin2 Database. The dream of the founders of H-PASS was to provide a central computerized database which planners around the state could readily access for a wide variety of planning and environmental information and which could easily be used to track a variety of permits and agency actions. As time passed and improved, more easily accessed computer systems and word processors became available, H-PASS became almost dysfunctional in terms of its utility to HCZMP, who was responsible for its maintenance and who originally was intended to rely on its information for CZM monitoring and related permit tracking. A significant finding of this investigation is that H-PASS was founded primarily as a planning database which, among many other features, included a function for permit tracking to meet the needs of the HCZMP monitoring program requirements. Over time, the mission of providing a planning database was abandoned, probably due to the impossibility of maintaining such on H-PASS and along with the gradual adoption of micro-computers and other information systems throughout the State and Counties. At present, there appears to be a need to focus attention on the notion of a planning database to serve the State and Counties, as well as the private sector, for the purpose of better handling the mass of environmental and planning information required in the multitude of planning decisions now being made. Basis of Recommendations. The recommendations of this report are based on a review of e)dsting federal CZM requirements and State and Federal CZM law, a review and evaluation of the H-PASS system and various reports about it over the years, a survey of other States and their monitoring programs, and two major workshops with State and County agencies who are part of the HCZMP network and who both contribute Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 3 information the monitoring program and who use that information to evaluate their programs. Implementation. This report is designed so that follow-on work to implement the recommendations can be accomplished directly. For example, a single contract to design and install a pilot microcomputer data base system (Chapter 8, Proposed HCZMP Monitoring Program), could be let and the vendor would have adequate information in this report and its appendices to accomplish the work. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 4 2 Introduction Monitoring and enforcement as used in this report refer to a continual assessment of the success in achieving the objectives of the Hawaii Coastal Zone Management Program as described in Chapter 205A (Hawaii Revised Statues, Appendix). Tlie investigations described in this report were conducted with the assistance of staff of the Hawaii Coastal Zone Management Program of the Office of State Planning. Discussions with HCZMP staff were augmented by interviews and workshops with representatives of HCZMP networked agencies including the Counties and key State Departments or Divisions. These discussions and meetings form the basis of Chapters 3 (Information Needs of Hawaii's CZM Network Agencies) and 5 (Strengths and Deficiencies of the HCZMP Monitoring Program). They also contribute to Chapters 7 (Recommendations for the HCZMP Monitoring Program) and 8 (Proposed HCZMP Monitoring Program). 2.1 A variety of documents were reviewed and discussed with HCZMP staff, and with representatives of networked agencies. Documents included existing State and Federal laws and regulations for both the CZM program as well as the monitoring program, past HCZMP and H-PASS evaluation reports, H-PASS software, hardware and operations manuals, and some documentation provided by other state CZM program managers. Federal regulations and communications particularly form the basis of Chapter 4 (Federal Standards for a CZM Monitoring Program, also see Appendix). Documents reviewed are listed in the bibliography. 2.2 Included in this report are the results of a survey of CZM programs in other states. Some interesting program ' monitoring concepts were obtained from this survey. For example, Pennsylvania periodically (twice a year) charters a helicopter to inspect problem areas, or areas undergoing rapid change. The inspection team includes coastal experts from environmental, aquatic resources, and ocean engineering disciplines from several of the networked State or County agencies. The vantage point from the air provides an Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 5 opportunity to check the status of permit compliance, or implementation of permit conditions, as well as to identify potential violations. This survey forms the basis of Chapter 6 (Monitoring Programs of Other States). 2.3 The appendices include a selection of existing H-PASS input forms and program descriptions for convenient reference, as well as copies of pertinent policies, laws, and program documentation. Although voluminous, these are included to assist reviewers of this report as well as later investigators or staff by providing a convenient and ready collection of key documentation. 2.4 Hawaii's CZM law and policy follows federal policy as required by the federal CZMA of 1972. It is national policy to it .... preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations." Much of the implementation of this policy is carried out by the states through their respective coastal zone management programs, as approved by the Office of Coastal Resources Management, Department of Commerce. Hawaii's CZM program (HCZMP) is based on State law (Chapter 205A, Hawaii Revised Statutes) which implements the specific provisions of the federal Coastal Zone Management Act. 2.4.1 Hawaii's CZM objectives are summarized below and they are consistent with the federal objectives. They are noted here because meeting these objectives requires evaluation based on some sort of standard from which changes or improvements can be measured. These objectives are the principal guidance of the monitoring and enforcement program described in this report. Recreational Resources. Provide coastal recreational opportunities accessible to the public. Historic Resources. Protect, preserve, and where desirable, restore those natural and manmade Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 6 historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. Scenic and 012en S12ace Resources. Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. Coastal EcoUstems. Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. Economic Uses. Provide public or private facilities and improvements important to the State's economy in suitable locations. Coastal Hazards. Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. Managing Development. Improve the development review process, communication, and public participation in the management of coastal resources and hazards. 2.5 With the adoption of Chapter 205A in 1977, Hawaii's Coastal Zone Management Program was created. Initially the program was established under the Department of Planning and Economic Development (DPED) as a "networked" program. A networked CZM program utilizes the existing institutional structure of departments, laws and regulations to implement coastal zone management. A networked program was appropriate in Hawaii where, with its long history of land use planning and public shoreline, there was a well-established planning philosophy in law and in practice. 2.6 In order to establish a means of monitoring and enforcing the HCZMA, that Department in conjunction with State and Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 7 County agencies established the H-PASS (Hawaii Planning Activities Support System) which relied on a Wang VS minicomputer located in DPED offices. Counties and key State agencies (Transportation, Land and Natural Resources, Health, Environmental Quality Control, University of Hawaii) were linked by dedicated telephone lines to the Wang VS Minicomputer. H-PASS was structured to provide data files related to a wide variety of planning information which would be used by the participating agencies. The monitoring and enforcement-related files were only a small part of the H- PASS itself. Generally, when the system was conceived in the late 1970's, there was little if any computerization at the line- agency level in the state. In fact, computerized word processing was only available to a few agencies. Because H- PASS would also provide word processing capability, it was eagerly adopted by the networked agencies of the HCZMP. 2.7 By the mid 1980's, it became apparent to the using agencies that H-PASS was inadequate to serve either of its key objectives: 1) provision of a statewide planning data base; 2) provision of automated HCZMP monitoring and enforcement files. The problems (described in more detail in the appendices to this report) resulted from: 1) a basic overload of an inadequate system hardware; 2) custom and unwieldy software which could not be adapted to the changing needs of users. The system fell into disuse during this period with some agencies returning their terminals and hardware to the HCZMP. Other users equipment partially failed and repairs have not been achieved, probably due to the age of modems and other equipment. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 8 3 Information Needs of Hawaii's CZM Network Agencies Extent of H-PASS Use. This section describes the present use of the H- PASS with emphasis on distinguishing between those activities which are specific to the CZM M&E program, and those which serve other needs. The information presented here is based on the results of two workshops with networked-agencies, interviews, and a review of current HCZM program documents and files. A diagram of the present network system as it appears in real terms is shown in Exhibit 1. 3.1 All counties (except Maui) can input data at the local terminal, but cannot output directly to H-PASS because of telecommunications problems. For this reason, the counties currently submit hard copies of hearing notices, SMA permits, and quarterly reports. The counties do not require data from H-PASS to perform their CZM functions. As a result the data transfer is one-way, from the Counties to HCZMP. At times they need information from other counties. In such cases, telephoning is faster and more reliable, given the small number of queries. 3.1.1 The City and County of Honolulu must enter redundant data into their own system to prepare CZM reports. This is a duplication of effort on their part. 3.1.2 Maui county currently submits hard copy SNIA permits. They generate quarterly reports from their own system. 3.1.3 Hawaii county previously used clerical staff to input data into H-PASS. They do not input data into the system now. They want to abandon H-PASS because it provides no benefits to them. 3.1.4 Kauai county uses the H-PASS Wang only for word processing because they have found that they can more Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 9 me go M 40 40 me EXHIBIT 1 - HUMP Organizational Structure Dept. of Commerce I NOAA Office of Coastal Resource Management ADMINISTRATION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MONITORING - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F Hawaii County County COUNTYIENFORCEMENT - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - DBED Dept. of Coastal Transportation Dept. of Health Resource Harbors Management Division STATE ENFORCEMENT womewan Nam M w MAN =",go "ImWelow EXHIBIT I B - HUMP Functions F- Monitoring F- Report to Conduct Detect monitoring hearings violations program F- - ---] Environmental Shoreline Convervallon Detect Impact Water quality Manag;eql District Use Rules & patterns of Statements permits (1301-1) A s Area permits regulations non (Counties) (OEQC) (DLNR) compliance readily provide the required HCZMP reports in this manner. 3.1.5 OEQC (Office of Environmental Quality Control) previously used the H-PASS system. Now, they have difficulty performing basic queries such as determining the existence of a specific environmental impact statement (EIS). They used the H-PASS Wang system primarily for word processing. At the University of Hawaii, they could enter data and get some output. They had access to their own data but not to all of the data on the system. Now they have a connection to the H-PASS system, but they cannot logon. The HCZMP office does not need H-PASS to get information from OEQC. The HCZMP office usually doesn't need specific information from OEQC. When the HCZMP office needs EIS or EA (Environmental Assessment) information from OEQC, the HCZMP office uses the OEQC Bulletin. 3.1.6 DOH (Department of Health) H-PASS connection is completely shut down. The HCZMP office needs environment and pollution control information from DOH. At present they can obtain this from public notices. DOH tracks many of their water quality permits, monitoring stations and quality data on a variety of computer systems. The HCZMP office receives reports on NPDES (National Pollution Discharge Elimination System) permits and 401 Water Quality Certifications (certifications under Section 401 of the Clean Water Act)- 3.1.7 DLNR (Department of Land and Natural Resources) Ile H-PASS terminal is still in use, but only for maintenance of CDUA files (which are not used by HCZMP). DLNR is replacing H-PASS with a microcomputer system in the summer of 1990. They want historic data files of CDUA's. DLNR asks the Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 10 HCZMP office to print reports. DLNR provides Decision Notices, Copies of all CDUA Applications and Public Hearing Notices. DOWALD (Division of Water and Land Development) provides the HCZMP office with Decision Notices and Public Hearing Notices. 3.1.8 DOT (Department of Transportation, Harbors Division) H-PASS connection is completely shut down. They believe that the historic data in H-PASS may have some value to someone. Their permit authority has been delegated to DLNR as part of the CDUA process. 3.2 Computer use among the networked counly and State ap-encies related to the HCZMP. This section summarizes the HCZMP-related computer use among the HCZMP networked agencies in the state. 3.2.1 The City and County of Honolulu uses two systems. One is a GIS used for TMK and other data. The other system relies on remote terminals to maintain SMA permit data on the city's mainframe information system. 3.2.2 Maui county is developing a pilot project GIS on a MacIntosh system and they have a PC database system for SMA permits. 3.2.3 Hawaii county has an rudimentary GIS and Wang database system. They use an IBM PC with custom software to track SMA and other permits, TMK, and land use information. 3.2.4 Kauai county uses the H-PASS Wang only for word processing. They are in transition and will be using an IBM PC and WordPerfect for word processing. Once the transition is complete, they will relinquish use of the Wang. SMA permit data is maintained manually Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 11 3.2.5 OEQC (Office of Environmental Quality Control) will be developing a planning database system (probably on a PC) that also will be used to print the OEQC bulletin. Funding for the project has been requested from the Legislature and is currently being processed. Their main data file use will be the EIS's EA's (environmental assessments) and similar information. 3.2.6 DLNR (Department of Land and Natural Resources, Historic Sites) has a Dbase III (a commercial data base software) purchase order system. This summer, DLNR will use student interns to develop a permit tracking system on a Wang PC. Their main data use is tracking CDUA's. 3.3 Summary of Information Needs Related to HCZMP M&E. Following is a summary of the information needs of the Counties and State agencies which are networked participants in the HCZMP. 3.3.1 Among the Counties, for the CZM monitoring program, the information transfer is one-way -- from the networked agencies to the HCZMP office. The networked agencies do have other information needs, but these are met locally, without interconnections to the HCZMP office. These local needs, although met differently (and creatively) at present, are virtually identical in-so-far as the CZM monitoring program is concerned. County needs consist of tracking the Special Management Area permits and related information with enough detail to provide required reports to the HCZMP office; and in enough detail to meet County requirements related to the planning process. The Counties also provide hard copy of SMA reports by special request of the HCZMP office. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 12 The Counties provide quarterly reports to the HCZMP office. The reports follow a similar format and style, but are not identical to the extent which would be required by an automated system. 3.3.2 At the State level, the information needs are different although they are also one-way, from networked agencies to the HCZMP office. However, they lack any requirement to provide information to the HCZMP office, because there is an operational assumption on the part of state agencies that because the CZM law applies to each Department, they automatically comply with the law through diligent action at their own levels. There is no requirement to report these actions to the HCZMP, therefore, tracking these actions, systematically is not possible as it is with the SMA permits issued by the Counties. State agencies file no reports with the HCZMP office. With regards for HCZMP monitoring and enforcement, at present, no State agency routinely provides the HCZMP office with data about actions in the coastal zone. The State agencies have shut-down their H-PASS systems (except DLNR which uses it strictly for its own purpose of tracking CDUA's). The reason for this situation is partly because no State agency issues permits or performs actions in the coastal zone with the frequency of the Counties. Approximately 600 SNIA permits are issued by Counties annually. There is a smaller number of State actions in the coastal zone, and these are done by a variety of different agencies. The most frequent State permit is the CDUA, Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 13 which usually applies to areas in the coastal zone. HCZUT review about 75 CDUA's annually. State agencies routinely provide the HCZMP office with written public notices of actions proposed or carried out in the coastal zone. This is done through several ways. One is that each agency routinely sends its own public notices to all on its own mailing list. Another is via the OEQC Bulletin, a bi- weekly newsletter sent to addresses on the OEQC mailing list. A third is via public notices published in the newspaper or made through the media. 3.3.3 Federal agencies provide information to HCZMP under the federal consistency guidelines in the federal CZM law. These require that a federal agency proposing an action in the coastal zone prepare a federal consistency document and submit it to HCZMP for review. This provides a sure check on the federal actions. However, from the federal side, the consistency declaration is often made late in the planning process, making it difficult to change if the HCZMP requests significant alterations in a plan or project. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 14 4 Federal Standards for a CZM Monitoring Program Under terms of the federal CZM law, when a state accepts federal grant money, it also agrees to implement programs and policies which will achieve the goals of CZM. nose goals are stated in the CZM Act of 1972 (See Appendix for full Act; see Section 303 for statement of national policy.) and Hawaii law reflects the same goals (See Appendix for Hawaii's Chapter 205A). If a state does not show progress in implementing federal CZM policy, the OCRM can reduce or withhold CZM grant money. 4.1 The details of the federal procedures are written in Section 312, "Review of Performance" which describe the legal monitoring requirements on the part of OCRM. OCRM is required to continually review a State's performance in terms of compliance with the CZM Act of 1972 and state laws and regulations implementing it. 4.2 Specifically, the CZMA requires the Secretary (of the Department of Commerce -- through NOAA and OCRM) to do the following. 4.2.1 312. (a) Perform a continuing written review of the extent to which the state as implemented and enforced the state's CZM program, has addressed the coastal management needs (goals and policy of the CZM program), and met the terms of grants, loans of cooperative agreements. 4.2.2 312. (b) Conduct public meetings to evaluate the state's CZM program and make the reports of evaluation available to the public. 4.2.3 312. (c) Reduce financial assistance to a state which is failing to make a significant improvement in achieving the coastal management objectives or is failing to make satisfactory progress in inventorying and designating areas that contain one or more coastal resources of Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 15 national significance and in providing enforceable standards to protect such resources. 4.2.4 312. (d & e) The secretary can withdraw approvals and funds from state programs which are not complying as stated above. 4.2.5 312. (f) The secretary must do research and offer technical assistance on matters which offer promise towards improving coastal zone management. 4.3 In practice, these legal requirements are implemented by regulations and guidelines from OCRM and it is these details which must be met by the monitoring scheme proposed later in this report. There is a variety of guidance from OCRM and it includes the following (All of the following documents are included in the Appendix.). 4.3.1 Part 923 [15 CFR Ch. IX (1-1-89 Edition)] - Coastal Zone Management Program Development and Approval regulations. This is the general regulator guidance which covers state CZM programs. It requires that a single agency be in charge of coastal programs within a state and that networked agencies be answerable and bound by state regulations to perform within the context of the CZMA of 1972. 4.3.2 Part 928 [15 CFR Ch. IX (1-1-87 Edition)] - Review of Performance. This document described the review process as of 1987 and its guidelines provide a general background. The frequency and format for reporting by states to OCRM is redefined in a later document, however. 4.3.3 Memorandum for State Program Managers (MSPM), from OCRM, September 20, 1988. This document contains the current guidance and requirements for reporting as modified in an administrative manner because it is in the form of a memorandum as opposed Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 16 to publication in the Code of Federal Regulations. T'herefore, Part 928 also applies to state reporting of their monitoring actions. 4.3.4 The present requirements by OCRM for state reporting, as stated in the MSPM are as follows. The format and content of the reports is provided in general fashion and narratives may be tailored to suit the reporting state. However, certain tables are required as stated below for performance reports. The reports may use existing information in the form used by or within a state for CZM and much of the information can be in narrative form, and in attachments of existing records for the period being reported. The following discussion focuses on performance reports for county and state permits as the primary example of information tracking and systemization for which specific recommendations are made later in this report. Federal actions, relatively few in Hawaii in contrast to state and county actions, are covered in the MSPM and their requirements are shown in the appendix. In addition, under the management information system proposed later in the report, federal actions as well as grants and other compliance matters could be tracked as well as information associated with permit type of activities. Frequency and content of reports. Quarterly - The quarterly report is meant to be brief and to monitor the grant tasks and significant improvement activities. It does not require submittal of permit information which is the most voluminous of information to be tracked and reported. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 17 Semi-annual - The semi-annual report is to contain information necessary to determine state adherence to its CZM program. This report is submitted during the 2nd and 4th quarters of the grant awards, and logically along with the quarterly reports. These are called performance reports and are most voluminous because of the number of SMA permit actions. This report is to discuss permit administration, monitoring and enforcement; federal consistency, and program changes. In Hawaii, the most difficult to track, and the area most benefiting of automation is that part of the performance report which covers permits, permit violations, unpermitted activities, and the disposition of actions towards violations, in the coastal zone. The MSPM of September 20, 1988 provides several key tables which display the information (which must be reported in tabular format) requested by OCRM. The tables are summarized below (also see Exhibit 2). � The first table (Performance Report Permit Chart #2 for state CZM programs with "networked" agencies.) describes each application for a permit and its status during the reporting period. � The second table (Performance Report Enforcement Chart #3 for both direct permitting CZM states and networked states.) shows the status of both permit violations and Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 18 unpermitted activities in the coastal zone. 0 The third table (Performance Report Enforcement Chart #4, Disposition of the total violations resolved.) describes the disposition of violations of both permits and unpermitted activities. Reporting semi-annually on federal consistency and program changes is fairly straightforward, because of the relatively few federal actions in the coastal zone. However, federal consistency must be reported in tabular format (Appendix). Reporting on program changes lends itself to narrative format. Federal consistency reporting at present is done manually and could continue that way, although the system proposed later in this report to automate reporting from the counties could easily accomodate the federal consistency reporting requirements. Annual - The annual report is to address broader issues of the effectiveness and accomplishments of the state CZM program in addressing national coastal management needs, and to identify emerging issues. This report must be submitted by each October 30. It is not tied to a specific award. period. The reporting should include specific examples where possible. The annual report is submitted in narrative form and statements about the following topical areas are required. 0 Estuarine Habitats Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 19 0 Coastal Pollution 0 Ocean dumping 0 Coastal hazards (erosion flooding, sea level rise) 0 Ocean and coastal use management 0 Public access 0 Urban waterfronts and ports 0 Permit simplification 4.4 In sum, the federal requirements include a mix of information in tabular and narrative form. Tabular formats are specified for permit and federal consistency data. Narratives must be supported by examples. Existing information, in any form used within the state (for example in the form of reports or data) can be appended as examples or to support the report. 'Me information falls into two broad categories. 4.4.1 Grant status or other financial data which is partially of an accounting and partially of a budget and programming nature. This category of information is not discussed further in this report because it is not part of the specific study. 4.4.2 Program performance with regards to the attainment of CZM goals and the implementation of CZM policy, both federal and state. This category of information is discussed further in this report, but in the context of the HCZMP, which is the State's implementation of the federal CZMA. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 20 M M!M MISS M M M M M M P e r f o r m a n c e R e p o r t P e r m i t C h a r t 2 F o r s t a t e C Z M p r o 9 r a m s w i t h 11 n e t w o r k e d 11 a g e n c 1 e s iState/Local i i 'Permits Permits IPermitting I Type of Permit JAppotications Ilssued w/out I issued with I Permits IPermits JAPPtications I JAgency I Activity IFited lConditions I Conditions I Denied lWithdrawn IPending I lWater Quality I Tidal Imanagement I Development JAgency I Permit ILocat Gov't. I Stormwater I(if appropriate) I Management 0 Permit JEtc. ITotaL CZMP (D IRegutatory JActivity Where applicable indicate major or minor. These charts should be used by the states as guides. The states may submit the Oormation in the form that the networked agecies use or process the data to fit a chart of this type. X r+ . P e r f o r m a n c e R e p o r t P e r m i t C h a r t # 3 F o r b o t h d i r e c: t p e r m i t t i n 9 C Z M s t a t e s a n d n a t w o r k e d s t a t e s lViotations 0 1State IDetected for ITotal I Totat I IType of IEnforcement lReporting Iviolations I Viotations I lViotation IAgency JPeriod IResotyed I Pending I I;i!O JPermit 0 lViotation -1 I GQ Jun-permitted JActivity Cr I (D i ITotal P e r f o r m a n c e R e p o r t P e r m i t C h a r t # 4 D i s p o s t i o n o f t h e T o t a t V i o t a t i o n s R e s o t v e d jorder to 0 IRestore Area I I I I C) I I State JAfter-the- lin violation I Judicial I I I IType of IEnforcement IFact Permit Ito original I Enforcement JApplication I Total lViolation IAgency lissued ICondition I Actions IPending 0 JPermit IViotation Jun-permitted JActivity CD I mwmmm I . D i r e c t F e d e r a I A q e n c y A c t i v I t i e s S e c t i o n 3 0 7 ( c -a n d ( 2 cr Description Date Federal Proximity to Won-concurrence of Agency Coastal Zone I I Concurrence federal Activity or Notification (within, seaward insufficient Inconsistent w/ After Time of (D Agency Project Received landward) concurrence information State Policies Modification Review IDCO/ACOE JDredge Within X X 45 days (D I IMateriat Q. I Idisposat- 1 0 I IPort I I IBienvitte I I lHarbor 0 UQ 0 Each individual project acted on during the past six months should be listed. F e d e r a t L i c e n s e s a n d P e r m i t S S e c t i o n 3 0 7 ( c 3 A Federal Number of Prolects Licensingi I I concurrence or Permitl Type of I Number of insufficient Inconsistent wl After Time of Agency Permit Number of Permitsl Concurrences information State Policies Modification Review DOD/ACOE ISection 10 1 6 3 1 2 2 60 days (D land/or C:L ISection 404 0 0 UQ Group projects by federal agency and type of license or permit. Ill. Federal Licenses and Permit Activities Described in Detail in OCS Plans - Section 307(c)(3)(B) X Projects Name and Ron-concurrences Plan of Date I I concurrence Federal Exploration jAppticationi I insufficient Inconsistent w/ After Time of I Agency I or Devetop.1 Received I Concurrence Information state Policies Modification Review I D01/14MS JSanta Lucia I x 6 days I JUnit - P0007 I (POE) 0 List each individual project. I V . F e d e r a t A s s i s t a n c e t 0S t a t e a n d L o c aG o v e r n m e n t sS e c t i o n 3 0 7 ( d X No. of Non-concurrence Number of concurrences Federal Type of Number of Number of Insufficient inconsistent wl After Time of Agency Assistance Applications Concurrences Information State Policies Modification Review IDOT/FHA IRoad 1 5 4 1 30 days I lAssistanceI I 0 OQ Group cases by federal agency and type of funding. 5 Strengths and Deficiencies of Hawaii's Current Monitoring Program Hawaii's current monitoring program has succeeded in tracking the variety of actions reported to HCZMP by the networked agencies. The Counties provide the greatest wealth of information based on their prime role in land use planning and development. The State agencies as a whole provide a diverse set of information which is largely in the form of public notices, EIS's or EA's, CDUA's, LUDBA's, State Clearing House Reviews, and disposition notices. The Federal agencies provide the federal consistency declarations to HCZMP for review. 5.1 The HCZMP reviews, processes and reports on a variety of information. Following are the approximate quantities of information reviewed or reported on an annual basis. These figures reflect information only pertaining to program compliance. 10 to 20 - State Land Use District Boundary Amendments. 10 to 20 - State Clearing House Reviews. 70 to 80 - Conservation District Use Applications (CDUA). 50 to 70 - Environmental Impact Statements and Assessments (EIS, EA). 70 to 100 - Federal Consistency Reviews. 600 to 700 - Special Management Area Permits (SMA). 300 (estimated) - Public Notices (not presently counted, but reviewed and evaluated). Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 21 5.1.1 HCZMP's present monitoring program reflects an amalgam of computerization and manual accounting for the various sets of information being tracked. The data that is computerized is done so on either PC's or on the C&C of Honolulu's mainframe for that county only. In the HCZMP office data or functions presently entered in the H-PASS/Wang VS system include federal consistengy reviews, State Clearing House actions, and internal logizing and trackin. DLNR is presently tracking CDUA's but they intend to install a PC database system during the summer of 1990 and cease use of the H-PASS shortly thereafter. The H-PASS Wang VS system is virtually unused although the server is operational and historic data is intact. 5.1.2 A large amount of material is carried manually in ledgers. These include SNLk hearing notices, a relatively large number, annually. All other material, if computerized is entered redundantly at least twice and perhaps three times because county SMA databases differ from each other and from those in the HCZMP office. Moreover, data summaries for reporting purposes by Counties as well as by HCZMP are prepared manually, requiring additional re-keying. 5.2 On the positive side, the HCZMP has never been penalized by OCRM. This implies that the monitoring program has been effective and has complied with the CZNUk of 1972. The HCZMP Manager has noted that there is a very low, perhaps negligible rate, of both permit and unpermitted violations. This is attributed to the strength of Hawaii's land use planning laws, high public regard for the value of the coastal zone resources, and broad support for the HCZMP. 5.2.1 The Counties, who administer the majority of permit actions (SMA permits), are cooperative and supportive of the HCZMP. They have integrated the program into their own planning process. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 22 5.2.2 The Counties are willing to modify their data entry procedures, information processes, and related activities to support the needs of the HCZMT, if such support wiR not substantially increase local costs or staffing requirements. 5.2.3 County planning, review and permit enforcement capabilities have become stronger since the early CZM years in the mid-1970's. There is less need for HCZMP to review every SNIA permit action because these are largely wel.1-handled by the Counties. In Hawaii, the Counties are responsible for most major land use planning decisions related to development and construction of resorts, residential neighborhoods and commercial facilities. 5.2.4 Because of the strong SMA program at the County level, HCZMP has the opportunity to refocus on State- wide and regional coastal planning issues. 5.3 On the negative side, the reporting requirements from OCRM have recently become more demanding in terms of detail and in terms of the data to be provided. This necessitates a change and upgrade in the current monitoring program in order to provide the requisite information on a timely basis and to reduce the reporting demands on staff in favor of program management actions. Especially under these new demands, the current HCZN1P monitoring program probably cannot, at existing staff levels, meet the new OCRM requirements to the level of full compliance. Other problems include the Mowing. 5.3.1 H-PASS (Hawaii Planning Activities Support Sy's'tem) has become a liability because of the extra staff-hours, time duration and costs required to even attempt to maintain the software, hardware and data records. 5.3.2 Costs -- annual operation and maintenance of the Wang system exceeds $30,000 and this amount does not Evaluadon of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 23 include outside contractors to assist in accessing data or obtaining reports. 5.3.3 State agency input to the HCZMP office is irregular and not easily tracked at present. There are no special HCZMP reporting requirements placed on State agencies who comply with Chapter 205A at present by mailing public notices or providing information upon request to HCZMP staff. 5.3.4 One agency, DOT-Harbors Division, most of whose work is in the coastal zone, is exempt from CZM laws when constructing harbor projects. This may not present a severe problem because for significant actions, DOT-Harbors Division must circulate an EIS. 5.3.5 To track federal consistency, HCZMP relies on supplementary sources to the federal consistency declarations filed with its office. The supplementary sources include State Clearing House reviews, OEOC reviews and the OEOC Bulletin, and informal means. 5.3.6 Tracking of compliance with State CZM goals is not efficiently accomplished at present. The problem appears to be that little of the information coming into the HCZMP office may be directly linked to the HCZMP goals. 5.3.7 Micro-computer capability is not strong at the County level. In order for reporting to be improved at that level, there is a requirement for dedicated micro- computer equipment in each County CZM program office. 5.4 HCZMP has recently been assigned an additional mission component which emphasizes stronger planning and policy actions on behalf of Hawaii's coastal zone. This additional mission component acknowledges the rapid growth in Hawaii during the last decade and reflects public concern that coastal Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 24 zone management keep pace with the changes which have occurred. To accomplish this mission, HCZMP needs to reduce staff-hours spent on reporting so that the capability can be applied in project review, coastal planning and increased field inspections. 5.4.1 Fulfillment of this mission will require the capability within the HCZMP to assess the annual progress towards meeting the goals of Chapter 205A (see Chapter Two for a summary of the 7 goals). At present, it does not appear possible, based on an analysis of existing information, to assess whether or not the HCZMP program, on a cumulative basis, over a period of several years, is actually contributing to a realization of those 7 goals. Once progress can be measured, a more distinct and goal-oriented planning process can be initiated. 5.4.2 This present report includes in its recommendations, elementary reporting capabilities to achieve the above capability without excessively increasing staff load. 5.5 Needed is a single, uniform database, based on a single set of hardware and software, in which data can be keyed-in once at its basic input level and then reported to whomever, electronically, without re-keying. Such a system would achieve the following. 5.5.1 Release staff at County and State levels of government to focus their efforts on program review, coastal zone planning and field inspections. 5.5.2 Reduce data-entry redundancy and the personnel frustration at the situation. 5.5.3 Reduce annual operating expenditures on unused, out- of-date Wang VS equipment. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 25 6 Monitoring Programs of Other States This chapter summarizes information gained from materials sent by other state programs and from ten in-depth interviews conducted with staff of state Coastal Zone Management lead agencies (The complete report of the survey of the monitoring programs of other states may be found in the Appendix). The purpose of this chapter is to give an overall view of how state programs do monitoring and enforcement and the nature of their response to the Federal reporting requirements. Innovative and illustrative programs are noted in this chapter and discussed in the Appendix in more detail. The survey findings are reported by six categories. Monitoring Enforcement Federal Reporting Agency Size and Work Load Communication Information Management 6.1 Monitoring. Monitoring is defined here as the act of collecting and recording information that could be used to determine if CZM policy and regulations were being enforced. The Federal CZM legislation and the administrative approach followed by NOAA has permitted a wide variety of institutional responses to the requirement for State CZM programs to monitor and enforce the CZM policies and regulations. As a result, the methods used to do monitoring vary in response to the institutional arrangements and powers and responsibilities of the lead CZM agency in each state. Exhibit 3 summarizes this diversity of approach. State programs vary in the intensity and comprehensiveness with which they monitor illegal activity, permitted developments, Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 26 Exhibit 3: Comparison of Programs of Other States C@ Location of Primary Responsibility Role of CZM Focus of Monitor State Local Acrency Enforcement Monitor enforcement only within agency State CA (BCDC), NC, CZM agency SC, WA Monitor enforcement by State agencies State FL, HI, OR, WI CZM agency Monitor enforcement by local agencies State CA (1), HI CZM agency Federal Consistency Monitor Federal Agencies through COE/EIS process State HI, OR, SC C2M agency Actively search for Federal activities State FL, WI CZM agency Exhibit 3: Comparison of Programs of Other States Location of Primary Responsibility Role of ------ --- CzM Focus of Monitor State Local Agency Permits Issue permits State NC, SC CZM agency State FL, WI Line agency State Local CZK/ CA, Cr, OR, WA CZM agency Line Agency State Local CZK/ HI Line agency Line Agency Review and/or certify consistency with CZK policy State CT, OR, SC, WA C2M agency Joint review /clearinghouse State FL, NC, OR CZK agency Ccnmion app@ication review State NC CZM agency Exhibit 3: Comparison of Programs of Other States Location of Primary Responsibility Role of CZM Focus of Monitor State Local Agency Permits (Continued) Monitor permitting by other agencies State CA, FL, HI, OR, C2M agency wi Monitor illegal activity State NC CZM agency State FL, WI Line agency State Local CZM/ CA, CT CZM agency Line Agency State Local CZM/ BI Line agency Line Agency Monitor development site State NC CZM agency State FL, WI Line agency State Local CZM/ CA, Cr C2M agency Line Agency State Local CZM/ BI Line agency Line Agency permitting activities of other agencies (state or local), enforcement activities or federal consistency with state CZM policies and regulations. 6.1.1 Permits. A key factor affecting how and what state programs monitor is who has the permitting power for the Coastal Zone. The power to issue permits may be held by: - The State CZM agency; - A State line agency or agencies; - Both the State CZM agency and local CZM or line agencies; - Both the State line agency or agencies and local CZM or line agencies (as in Hawaii). In cases where all of the permitting power is held by the State Coastal Zone Management agency, monitoring permits and illegal activity is simply a matter of internal investigation, collection, And recording. The more the power to permit is shared between agencies the greater are the communication, coordination, and evaluation problems in monitoring permit activity. Some states have created simplifying and consolidating permit process structures that make it easier for them to monitor permits. Examples of these are the State Clearinghouse and Joint Agency reviews which consolidate agency permit responses, Consistency Certification processes which require notification and/or approval of permits by the State CZM, and North Carolina's Common Application Process which uses one application to meet the requirements of ten state agencies and the U.S. Corps of Engineers. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 27 Some states simplify their monitoring requirements by not tracking all or some local agency activities or other State agency actions even when permitting power is shared. They rely on legal requirements for other agencies to conform with CZM or on permit processes which insure that the most significant projects have to receive either their review or approval. Budaet and Staff. Another factor affecting monitoring scope is budget and staff. An ambitious permit monitoring program would include: Monitoring coastal areas for illegal actions; Monitoring permitted development sites for observation of permit requirements and conditions; Monitoring permits issued by other agencies for appropriate analysis, restrictions, and conditions. Most states do not have the budget and staff needed for such a comprehensive approach and find ways to limit the scope of monitoring. Some focus their monitoring on special geographic areas of high significance or sensitivity, intensive development, or controversy. Others limit the scope by relying on other agencies and citizens to detect illegal activities and permit condition violations. Some states do have innovative programs which regularly and systematically monitor permits and illegal activity. Connecticut's Community Group Staff Contact program, and California's Summer Permit Review program and its Five Year Local Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 28 Coastal Program Reviews are innovative examples of such systematic monitoring programs. Connecticut's high staffing levels allow the assignment of one staffer as contact person for each Community Group (a coastal area containing five to eight local governments). Each contact person records all permit and enforcement activities for his area in a log book, regularly meets with the local government staff to exchange information and presents CZM concerns, makes spot checks of coastal conditions, and visits project sites. In the Summer Permit Review program, California regularly examines the results of past permit actions. Staff select permits approved two years before, review the adequacy of permit files, and makes follow- up site visits to large or controversial projects. In the Five Year Local Coastal Program Review, a local jurisdiction's permit files and outstanding violations in the coastal area controlled by the local government are reviewed to evaluate the effectiveness of the local CZM program. 6.1.2 Enforcement. The extent to which the lead State CZM agency monitors enforcement activity varies widely from State to State. State agencies which issue permits are usually involved in the enforcement of permit conditions and curtailment of illegal activities in the coastal zone. Often these strong CZM agencies monitor only their internal enforcement activities, especially if they are the principal coastal permit and enforcement agency. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 29 State agencies which only provide administrative and technical support to permit-issuing line agencies are usually also not involved in direct enforcement activities. They may track only the enforcement activities of State agencies or both State and local agencies, depending on how significant the local permitting and enforcement powers are. 6.1.3 Federal Consistengy. Some state CZM agencies view the effort to insure Federal consistency as either the main function or a major function their agency performs. Often these CZM agencies are not directly involved in the permitting and enforcement functions. Florida and Wisconsin both reported being actively involved in seeking to identify Federal coastal projects and promoting Federal agency awareness of the Federal consistency requirements. Other state agencies reported a much more passive stance, relying on the Corps of Engineers permit requirements and the Environmental Impact Statement process to bring Federal actions to their attention. Most indicated that they had excellent relations with the Corps of Engineers and that the Corps routinely referred to them any projects that hadn't been reviewed by the State CZM process. Wisconsin has an innovative program that gives them access to both their State CZM permit files and the Corps of Engineers' permit files. Using the State CZM permit numbers, they can check that all Corps of Engineers permit requests and approvals have g9ne through the State CZM process. 6.2 Enforcement. State agencies vary widely in the extent to which they are involved in enforcement, as was noted above. 6.2.1 Detection. State programs vary in the amount of time, staff, and budget expended on detecting illegal actions Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 30 (violations of permit conditions or actions without permits). Some states like Connecticut and North Carolina operate regular flights over coastal areas to monitor development and shoot aerial photography for later analysis, and perform spot checks of coastal areas and project sites. Other state CZM agencies have limited funds and/or staff and rely on citizen complaints and reports by other agencies to bring violations to their notice. One innovative method for improving detection is to enlist citizens in monitoring coastal activities and reporting violations of CZM restrictions. California, Washington, and Wisconsin all reported using public awareness activities to increase citizen monitoring of coastal developments. 6.2.2 Notices. All state programs contacted in the survey indicated that they attempt to negotiate a resolution of any violations rather than move to formal administrative or legal actions. Some states noted that it was difficult to demonstrate the efficacy of their enforcement activities because many of the problems were resolved on site in the field with informal agreements to abide by CZM restrictions or to restore resource damage. 6.2.3 Enforcement Actions. Enforcement actions typically precede from administrative actions involving orders to stop development or restore resource conditions and levying fines to legal actions, typically brought by the State's Attorney General. 6.3 Federal Reportin . Most of the states surveyed were complying with the new Federal requirements. The requirements include semi-annual tabulations of permit, enforcement, and Federal consistency actions and an annual narrative report. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 31 6.3.1 Semi-annual Tabulations. Only one of the states reported not complying with the required semi-annual statistical tabulations. 'nis state was not tabulating Federal consistency actions but was providing the Office of Coastal Resource Management (OCRM) with copies of individual consistency letters and declarations they issue. 6.3.2 Annual Narrative RUort. Two of the states reported not complying with the requirement to produce an annual narrative report evaluating progress toward State and national policy objectives. On the other hand, one respondent welcomed the annual report as an opportunity to do an informal evaluation of their program. They had proposed doing such an evaluation as an aid to program management, but had not been able to carry out a formal program evaluation. The same respondent also noted that they had been able to budget additional grant funds to support the preparation of the annual report. 6.4 [email protected] Size and Work Load. Agency size and work load exhibited a wide range as might be expected given the wide variation in agency responsibilities. The state agencies surveyed ranged in size from Pennsylvania's one man office to North Carolina's 40 person division. The median size agency was between 5 and 8 people. Total permits reviewed or issued ranged from the 150 per year handled by the Bay Conservation and Development Commission to the 1,000 State and General Permits issued by the North Carolina Division of Coastal Management. The median was 400 permits per year handled by the Washington Department of Ecology's Shorelands Division. Total investigations of violations reports ranged from 20 per year to 160. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 32 Staff work loads didn't show any consistent relationship to the total work load of the state agency. Permit reviews per staff member ranged from 22 to 160 per year with the median work load being the 67 permits per year issued by North Carolina staff. Investigations of violations ranged from a low of 7 per year to 100 with the median being the 23 per year in Connecticut. This finding must be tempered by the difficulty of making comparisons between states. What Washington means by a permit review or a violations investigation may be quite different from what is meant by that term in Connecticut. 6.5 Communication. Hawaii Planning Activities Support System (HPASS) was a more ambitious system than any of the systems used for either communication or information handling by the states surveyed. Most state agencies relied heavily on standard office practices and organizational communication methods. This collection of conventional business practices include regular face-to-face meetings, frequent communication by phone, and transmittal of data by fax or mail. Many of them are just now trying to develop the computer linkages that HPASS was designed to create between State and County agencies. 6.5.1 Objectives. State programs devise their communication systems to accomplish a number of objectives, including: Transmittal of Permit Status Information Transmittal of Enforcement Action Status Information Transmittal of Project or Violation Information and Analysis Requests for Assistance and Responses Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 33 Discussion and Establishment of Policy and Program Evaluation of Program Achievements Such objectives are logical and easily explained as necessary to accomplish the basic monitoring and enforcement responsibilities of any state CZM agency. However, two additional objectives recurred over and over in the comments of the state agency staff surveyed. First, many respondents emphasized the importance of creating and maintaining a network of agengy professionals who can and will mutually support each other's attempts to manage the coastal zone. They stressed how important it is: To make the communication system work for the people on the front lines; To keep communications "hassle free" and sensitive to the extreme time and attention demands placed on most workers in the system; To maintain continuity and long term relationships. Such a network supports and nurtures the cooperative effort necessary if permits and violations are to be processed efficiently and fairly. Secondly, respondents emphasized the importance of actively prompting and maintaining awareness of QZM goals, policies, and concerns within the local and State agencies and among the members of the public. 'Me objective is to keep all participants to the coastal zone management process up to date on the state agency's policies and programs so that CZM concerns are Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 34 incorporated in public and private decisions about use of coastal resources right from the beginning. As one informant put it, "Tbey may not like us or what we stand for, but they do know what we stand for, and that we will be actively involved in any coastal actions. As a result, they have to include our concerns in their decisions." 6.5.2 Formats. A number of innovative communication formats are used by the surveyed states to accomplish these two objectives. Among the formats used to create and maintain a mutually supportive network of professionals are: Frequent informal one-to-one communication and visits associated with continuity of personnel, program, and policy. (nis is seen as necessary if the CZM agency is to be viewed as a reliable, supportive, and consistent actor in the planning and management of the coastal zone.) Annual helicopter overflights by local CZM managers and Pennsylvania's State CZM officer to view coastal development activities and resource conditions. Clearinghouses and joint review sessions which bring together all of the reviewing and permitting agencies to consolidate comments and potential conditions at one time in one place. An on-line terminal system that allows North Carolina's Central Office and Field Offices to easily exchange messages, documents, and data electronically. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 35 Communication formats used to promote and maintain public and private awareness of CZM 12oligy and programs include: Public awareness programs that inform agency staff, developers, and citizens about the CZM program, the permit process, the nature of violations, and the enforcement process. Publication of newsletters and regular mailings to interested parties to insure knowledge of coastal issues, pending projects, or process or program changes. Publication by Washington's CZM office of training handouts advising local and State agency staff on technical details of the CZM law, program, or permit or enforcement processes. Use of formal commissions or councils to approve permits or to set program direction. 6.6 Information Management. The information management systems used by the surveyed state programs reflected the current established systems used by most public and private offices. None had attempted to establish a computerized information management system with the objectives of both tracking permits and violations and providing a planning database as was attempted with HPASS. 6.6.1 Objectives. State CZM agencies need to collect and manage information in order to: Track the status of permit and enforcement actions; Describe the permit or enforcement action (location, type of action or violation, coastal resource or hazard affected, etc.); Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 36 Store and retrieve copies of the formal permit application or violation documents; Store and retrieve data and analytical results useful for determining impacts of coastal resource use. 6.6.2 Methods. Most of the states surveyed had permit tracking Ustems in varying states of computerization. Typically, these systems could be searched by keywords to identify those permits with certain characteristics (affecting estuarine habitats, for example). One of the most innovative of these is the Wisconsin CZM program's permit tracking database which is created by extracting and comparing permit information from both the Wisconsin Department of Natural Resources' permit files and from the U.S. Corps of Engineers' permit files. Some of the states with permit tracking systems hope to combine these tracking systems with a.Geographic Information System (GIS) at some point in the future. Washington has an operational GIS, but it is not used by the CZM program for analytical purposes or permit tracking. At the other spectrum, Pennsylvania's sole State CZM officer uses a purely manual system to track coastal activities. Manual systems do have the adva 'ntage of low cost and ease of use. However, the costs of using them mount as the complexity and number of permit and enforcement records mount. Because of problems of searching their manual system for permit information such as what conditions had been applied, South Carolina is moving to computerize all their permit records. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 37 ---- -- ----- 7 Recommendations for Hawaii's Current Monitoring Program 7.1 Actions to Improve Rel2orting by Counly Agencies. The State HCZMP office should do the following to assist the Counties in their CZM data management and reporting. 7.1.1 Request the counties to submit data in a simplified and unified format for use by HCZMP in some sort of microcomputer database. The counties could use their existing microcomputers and send data disks or use dial- up modems. Compliance with this suggestion could include: At a minimum, use of a uniform database format (not necessarily the same database software, but at a minimum software which can produce a common file format like ASCII or DIF); It might be desirable to have dedicated microcomputers in each county CZM office. In that case, HCZMP could assist in obtaining suitable microcomputers and several copies of an appropriate database software for each county and for HCZMP, or just the software if that county has access to an appropriate microcomputer. This suggestion has an advantage of complete uniformity. 7.1.2 Set up the system for the counties to track SNIA's with the same core of each database. Each county could customize the database as they wished for their own uses, but they would send the core of information to HCZMP which would meet the OCRM reporting requirements. HCZMP would dump those files into their own microcomputer database and could compose their reports. This would permit HCZMP to easily file the semi-annual tables to OCRM based on Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 38 electronically loading the county files rather than hand- punching the information. The counties would save effort by having one-time-only data entry. 7.2 Actions to Improve Reporting to Assist the State HCZMP Office. The State HCZMP office should do the following to improve efficiency in its monitoring and reporting. 7.2.1 HCZMP would customize their own database to track all the other information they now receive such as permit notices, permit applications and decision notices. They could keep narrative information about each permit action, federal consistency declaration, other State action, CDUA, or OCRM grant and then prepare draft reports from the data base. By so tracking data and entering data daily, actual reporting would be relatively straightforward at the required quarterly, semi-annual, or annual intervals. When the above program is setup and working properly, HCZMP should shutdown the Wang HPASS system after making the files available in PC format. 7.2.2 According to the current federal reporting guidelines it appears that if additional detail is required from the states (for example, acres of wetlands), that this information would be submitted on a one-time basis to serve as a baseline to measure change. At present, such data is not required from the counties or the state. If it should be required, such data fields could be added to the proposed data base system of reports. 7.3 Actions to Meet Annual Federal Req-uirements. In addition to providing the information required in Chapter 4 (Federal Standards for a CZM Monitoring Program), the HCZMP should consider the following actions which would also provide a key step in implementing the new mission component which strengthens the coastal zone planning mandate. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 39 participation and awareness. This is especially true in identifying planning needs or pinpointing violations. It seems to be especially required for State agencies if they are to continue to submit information on a strictly voluntary basis to the HCZMP office. 7.4.1 Make the "awareness program", especially for State and County agencies, more active. T'his program is vital to obtaining a more unified and assertive CZM planning effort at the state level. This would aid to improve the CZM planning and coordination among state agencies. HCZMP should consider use of a periodic news letter which could be published directly by HCZMP or initially use the OEQC Bulletin because of its relatively large circulation and biweekly publication. This is particularly important for improving communication regarding the issuance of rules and regulations by state and federal agencies. Consider more intensive use of the OEQC Bulletin for publishing HCZMP program information and semi-annual statistics. Use of the Bulletin seems a logical and inexpensive way to reach more state agency planners especially. An advantage of the Bulletin is that the mechanism to publish and distribute is already in place. The concept of a dial-up modem bulletin board for CZM information-sharing between agencies is appealing because it would permit agencies to query each other in cases where they did not want to telephone. This would also permit conferencing--a useful management tool. If the state CZM data files were to become operational as originally set-up in H-PASS, they could be a part of this bulletin board and could be queried by type of action, location, date, or whatever by Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 41 agencies seeking comparable actions during permit/project review. However, maintenance of such a bulletin board would add to HCZMP's workload, and there is an inconvenience to users in that for the system to be effective, they must query it regularly. 7.4.2 HCZMP's awareness programs could be of use, particularly with federal agencies, particularly the Navy, who have wide responsibilities of a defense nature in Hawaii's coastal zone. 7.4.3 HCZMP might consider a variety of media to aid in the awareness program. For example a brochure which outlines program goals, achievements, and responsibilities on the part of agencies and the public should be widely distributed and available in many places around the state. OEQC has the "EIS Handbook for Hawaii" which was financed in part by CZM funds, for example. 7.4.4 Consider use of semi-annual field trips in addition to quarterly site visits to inspect special problem areas such as loss of public access or marina development. The use of helicopters for these trips would be cost- effective and would permit a better view of coastlines than from land. 7.5 Actions to Improve Resource Management Information. Following are some suggestions related to the overall issue of improved coastal resource management in the context of the monitoring program and its various components. 7.5.1 Hire a coastal engineer, or contract such services from a firm for, say one year as a trial. These skills would be applied in the awareness/outreach programs and for technical support in permit review, or to assist counties so that they do not have to rely on the private sector for Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 42 coastal engineers (there probably are not many of these on the neighbor islands). 7.5.2 Work with OSP and other state agencies to investigate and develop a statewide planning database which would fulfill the original goals of H-PASS. This seems to be a desired and necessary service, but it cannot be met by CZM. The state has a GIS which comprises a portion of such a system. The state is planning data interlinks as well. 7.5.3 Work with other state agencies to develop a statewide weekly or biweekly bulletin for all public notices including the OEQC Bulletin. This would probably be cost effective considering the present amount of time individual agencies put into handling their own public notices, etc. Such a bulletin would include CIP, which was the most frequently queried category of information in the HPASS. Submittals to the bulletin could be made by modem from each agency so that the bulletin publisher's job would be merely a matter of printing, maintaining a mailing list and mailing. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 43 8 Proposed HCZMP Monitoring Program Following is a discussion of specific actions which should be taken to implement the proposed HCZMP Monitoring Program. 'Mis discussion covers the main features of such a system and where possible includes a cost and benefit evaluation. It should be noted that the basic outline and key features of the proposed program have been discussed with County and State agencies in a workshop held on April 19, 1990, and that they are in general agreement with it. 8.1 Pilot Microcomputer System in HCZMP Office. Acquire a microcomputer system and commercial data base software and install this system in the HCZMP Office. Set up the software to establish the full data base parameters as described in this report for a revised monitoring program. Operate this system for a few months to the point of satisfactory operation. If the project is successful, assists the HCZMP office in meeting reporting requirements, and is within the cost parameters shown below, plan to acquire and install similar systems in each County in order to achieve real efficiency in reporting. Preparation of the data base software would include the design of all the requisite input forms and screens which would produce the reports required of HCZMP by OCRM as discussed in Chapter 4 (Federal Standards for a CZM Monitoring Program and in the Appendix). 8.2 Implement an Evaluation Tracking Form. The new reporting form (two pages, see Exhibit 4) which would be required for aany action in the coastal zone actually accomplishes the purpose of some of the previously required H-PASS forms, which would be abolished with the shut-down of H-PASS. It would produce a companion form which would summarize for reporting purposes the status of the HCZMP in achieving the goals of Chapter 205A. 8.3 Install Microcomputer Systems in Each County CZM Office. This is a similar task to that described above. The major difference is that technical and software support, and training Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 44 Exhibit 4: Page 1 (Typical Form, Sample Data Only) ANNUAL OR QUARTERLY REPORT: HCZMP MONITORING OF STATE AND COUNTY COMPLIANCE WITH CHAPTER 205A, HRS OBJECTIVES Summary of scores for all Coastal Actions in the State (0 to I loss, I no change, greater than 1 contribution) .. .......................... ....... . X... . .......... ........... .. ........... .... .. . ... ...*..... . . ...... .......... . .... .... .. . YEAR: .............. ...... ........... .............. .......... ..... ........... ............ .............. ........ ........ ...... ................ ...... .......... . ....... ..... .............. 1 2 3 4 Annual The 7 HCZMA Objectives in Chapter 205A-2 Qrtr Qrtr Qrtr Qrtr Average 1 Provide Public Accessible Recreation 1.20 1.00 1.40 0.60 1.05 2 Protect/Restore Historic Resources 1.00 1.20 0.80 1.00 1.00 3 Protect/Improve Scenic Resources 0.60 1.00 0.80 1.40 0.95 4 Protect Ecosystems 0.20 0.80 0.60 0.40 0.50 5 Economic Development in Suitable Locations 1.80 2.00 1.20 1.60 1.65 6 Reduce Hazards to Life and Property 1.20 1.40 1.20 1.40 1.30 7- Improve Development Review Processl 1.00 1.00 1.00 1 1.00 TOTAL NUMBER AND TYPE OF HCZM COASTAL ACTIONS 1 2 3 4 Annual Type of Action Qrtr Qrtr Qrtr Qrtr Total CDUA's 20 40 50 35 145 Major SMA's 80 120 90 75 365 Other Coastal Actions 2 5 7 9 23 Coastal Projectsi 7 9 5 10 31 Total 109 174 152 129 564 Notes: 1) The numbers in each row reflect an average of the evaluations of all significant HCZM actions (major SMA's, CDUA's, State, Federal and private projects, and other coastal actions). 2) Chapter 205A does not provide a weighting for comparison of one objective against another. 3) Normally, when a permit is issued or a project approved (usually through the EIS process), that review Implies conformance (from the standpoint of an individual agency) with the requirements of Chapter 205A. 4) This report reflects a Statewide assessment of compliance with Chapter 205A. 5) Quarterly scores = total of scores for each action/total actions per quarter. Annual scores are the average of the quarterly scores, Exhibit 4: Page 2 (Typical Form, Sample Data Only) ANNUAL OR QUARTERLY REPORT: HCZMP MONITORING OF STATE AND COUNTY COMPLIANCE WITH CHAPTER 205A OBJECTIVES Score for any SMA/CDUA permit, other coastal ac; ion, or pr 'ect in the State (0 loss, 1 no change, 2 contribution) Name of Project x Location. TMK. i::: @jx:: 'j.: j: @: @j: j: @: 'j.: j. j::: i::: U -...:u Type of Project/Action/Permit: Level of Government: St 0 Point of Contact and Telephone Number: X. :X: ... :-:;X-::X.-:::-X .............X ..... ......... .......... .......... ...................... ..... ..... ...... ......... .......... Name of Person Entering Information ............. .............. ................ ..... ..... Date of Entry . ...... 1. ..... ............ ............... ...... ... ...... . ...... .................... ........................... . ... ..... ..... ....... .. .............. ... ..... ...... .................... .......... ............................. Row: .................... Agency: 0"H ... ..... ... .... .................... ................... The 7 HCZMA Objectives in Chapter 205A-2 Score 1 Provide Public Accessible Recreation 2 Protect/Restore Historic Resources 3 Protect/improve Scenic Resources 4 Protect Ecosystems 5 Economic Development in Suitable Locations: 6 Reduce Hazards to Life and Property 7 Improve Development Review Process:: Notes: Enter the score which best reflects the impact towards meeting the HCZMA objective. Enter 0 for a loss, 1 for no change, 2 for a contribution. .. ........ .... .. . ...... ........... ... ............... ............ ... . ..................... ... .. X. X ............ ......... ....... N .... .. . ..... .......... ... . .... .......... .. . . ......... .. ...... ... .. ........ ............. .. .......... .......... . ..... ...... . .. .... ........ ...... . . .. . .... . . ..... . ... ..... .. ..... . .................................. ..... ......... XX ...... .. . ......... .. ......... ...... ................. ............... Conditions: X, ....I .....I........... ...... ....... . ....................... ... ................................I .......... X .......... ............ .... ...... ...... ..... ...... ..... ........ ......... ...... ... .... ... ................ ........ .... ... ... ... .................................. ......... X .X .... .. .... . Comments: ........ ... .... ........ ... ........ ..... ...... . I ...... .............. . .. ............. .. .... ........... . . ... ... ................ ............... ............ . ............... . .... ...... ... .. . ....... ........ . . ......... ... ..... .......... ........... ..... . ........ Violations: ..................... ......... .. . ....... . ........ ........ . . ............ ...................... .......... . ........ .:X: -X, ......................... .... ......... .... ... ........ ...... ... .......... .... .... .......... . .. .... ....... X, ............. ........... XXX X. .... . ............ . . ............ ...... .. ..................... . ... ...... X.X. ': ............ ....X .... . . .. . . . .... . . . ....... . . . .. . . ... .. ......... . ..... .... ......... MMMMM mmmmm MIM Exhibit 5: Financial Analysis of Proposed HCZMP Monitoring Program Note: Estimates are for planning and are not intended as a basis for procurement. Life-Cycle Cost Items Rate Years Location Stations Equipment Services Totals Pilot Project, Statewide System Specs, Database, Training State 1 $10,240 $50,000 $60,240 Hardware, Software, Installation, Training County 4 $40,960 $50,000 $90,960 Total Capital Cost $51,200 $100,000 $151,200 Average Annual Cost 10% 5 $13,506 $26,380 $39,886 Annual Operation, Maintenance, Updates (0/o of Cost Basis) 6% State & Cntys 5 $3,072 $3,072 Total $42,958 Monetary Benefits Annual Maintenance H-PASS Cost-Savings State & Cntys 5 $34,000 Estimated Annual Personnel Cost-Savings State & Cntys 5 $18,186 Total $52,186 $52,186 Benefit to Cost Ratio (Benefits/Costs Benefit to Cost Ratio) 1.21 Annual Net Benefits (Benefits - Costs Annual Net Benefits), $9,228 Estimate of Hardware and Software Costs Each Equipment Rate OSP/CZM County IBM-PC or clone, Intel 386 Processor, VGA Graphics $3,000 $3,000 125 Meg Hard Disk Drive $1,000 $1,000 Tape Back-up $800 $800 Laser Printer $2,000 $2,000 Battery Backup $800 $800 Accessories and Contingency 15% $1,140 $1,140 Softwarel $1,500 $1,500 Totall $10,240 $10,2401 Estimate of Personnel Cost-Savings, Annually Personnel Personnel Hrs per Week $ per Hr Ann. Total State 2 10 50 $4,330 Count 8 8 50 $13,856 Total, $18,1861 CZM BCR.XLS, 5/31/90, 9:05 AM, Page I must be supplied routinely as part of this action, initially for a period of one year and possibly longer. The financial analysis shown in Exhibit 5 includes a cost category for this. When this action is accomplished, all previously required H-PASS forms would no longer be needed. 8.3.1 Exhibit 5 provides an estimate of annual costs and monetary benefits which could be achieved if the proposed new systems were implemented. T'he value of capital (interest rate) is shown as 10 percent annually, and the life-cycle of the hardware and software is shown as a relatively short 5 years. These are conservative assumptions and either lowering the cost of capital or lengthening the life-cycle would create significantly lower costs. Even so, the average annual cost for a 5 year payback period is just under $43,000. 8.3.2 The annual monetary benefits from the proposed system are estimated to be a little over $52,000 over the same 5 year period. The benefits include savings in staff time and savings of maintenance expenses for the existing Wang VS system. 8.3.3 The net benefits over $9,200 annually and there is a benefit to cost ratio of 1.21. This analysis implies a substantial cost-savings over a 5-year project life with a considerably improved monitoring program. The program would include the implementation of microcomputer data base capability in each county as well as in the HCZMP office. The ultimate benefit would be improved monitoring and reporting at a cost- savings over present conditions. 8.3.4 The financial analysis does not take into account the intandble benefits (those which cannot be easily converted into dollar values). These include: Increased staff time made available for field inspections. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 45 0 Establishment of an improved basis for coastal planning to serve the new mission requirements. 0 Establishment of a monitoring program which can identify trends and patterns in both the issuance of permits as well as in violations. 0 Introduction of a uniform reporting standard for all CZM networked agences (the evaluation tracking form, see below). 0 Improved reporting to OCRM to meet the new requirements. 8.4 Shutdown H-PASS and Convert Data Files to PC Format. This step allows the full achievement of the proposed cost- savings and would release valuable office space as well. Data files can be made available to agencies who have a valid use for them. Ultimately, the data files might be useful for a long- term analysis of the entire program. 8.5 Implement Miscellaneous Actions. These are described in Chapter 7 and consist of a variety of actions to improve inspections, communication, awareness, and ultimately, the reporting which is so vital to the monitoring program. 8.6 Define Standards and Procedures 8.6.1 Req 'uirements for Coun1y Compliance: The HCZMP office will be developing an automated monitoring and enforcement program. A major focus of the effort will be to provide the counties with an automated system to track permits and enforcement actions, and prepare data to comply with CZM requirements. During the development process, the counties will provide quarterly reports to the CZM office. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 46 On a quarterly basis, the counties must submit a report containing at minimum the following information: Statistics of major and minor special management area (SMA) permit actions and shoreline variances, including the number of applications received and approved. Major permits are required for projects over $65,000 or projects that will have significant impact on coastal areas. Summary and status of the most controversial SMA permits and shoreline variances, including projects, decisions, and justification for the decisions. SMA permit hearing dates and outcomes Emergency permits Summary of monitoring and enforcement actions Summary of violations Once the automated monitoring and enforcement program is completed, the counties will receive a database system for tracking permit and enforcement data. At this point, the counties will have the option of using their own database systems, or using the CZM database system to submit data to the CZM office. If the counties use their own database systems, the data they submit to the CZM office must have the same information required by the CZM database system, and must be submitted in a format consistent with the CZM database system. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 47 8.6.2 Monitoring Criteria: To get consistent information from the counties, and to provide automated tools for analyzing county data, consistent and measurable monitoring criteria were established. These criteria were established to give the CZM office a quantitative method for finding patterns and trends in county enforcement actions. These criteria were developed with the understanding that enforcement decisions are, to a large degree, subjective and depend upon the reviewer 's discretion. All permits will be classified according to the type of permit, for example sea wall or boat launch. 'Me automated monitoring and enforcement system will require that all permits be classified. This will give the CZM office the means to categorize permits, and analyze trends in the specific categories. All Major permits must be evaluated and rated in the seven areas defined in Chapter 205A: Recreational resources - will the development provide coastal recreational opportunities accessible to the public? Historic resources - will the development protect, preserve, and where desirable, restore resources that are significant in Hawaiian and American history and culture? Scenic and open space resources - will the development protect, preserve and, where desirable, restore or improve the quality of coastal scenic and open space resources? Coastal ecosystems - will the development protect valuable coastal ecosystems from Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 48 disruption and minimize adverse impacts on all coastal ecosystems? Economic uses - will the development provide public or private facilities and improvements important to the State's economy in suitable locations? Coastal hazards - will the development reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence? Managing development - will the development improve the review process, communication, and public participation in the management of coastal resources and hazards? A rating will be given to major permits in each of the seven categories. The rating will indicate the degree to which the permit will positively or negatively affect the coastal zone in the specific category. The rating will also provide for mitigating conditions, where negative impacts in one category are compensated for by positive impacts in another category. The database system will track ratings and record gains and losses in each category, including the gains and losses that result from mitigating conditions. 8.6.3 Procedure Manual: To improve the communication between network agencies and provide support for the automated system, a CZM Monitoring and Enforcement Procedure Manual must be written. The Procedure Manual must be brief, concise, and easy to understand. The Procedure Manual will be updated periodically by the CZM office and distributed to all network agencies. All network agencies will refer to the Procedure Manual Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 49 as the central guide to monitoring and enforcement activities. The Procedure Manual should include the following sections: CZM objectives The Objectives section will briefly outline Federal, State, and County objectives for coastal zone management. Network agency and position responsibilities T'his section will describe the CZM network agency organization. This section will precisely define the role of each network agency, the relationships between agencies, and the responsibilities of specific people in each agency. Compliance procedures and standards This section will contain step-by-step procedures, and clearly defined standards for CZM monitoring. The procedures will define the steps the network agencies must follow to comply with CZM objectives, including report submission and data transfer. The standards will include report formats, database formats, and communications protocols. CZM system user guide The User Guide section will contain instructions for operating and maintaining the automated CZM monitoring and enforcement system. This guide should contain a section for novice users who need to learn the system, and a section for advanced users who need short cuts and a reference guide. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 50 Directory of agencies, contacts, phone, and fax numbers The Directory section will list all the agencies and contact people that make up the CZM monitoring and enforcement network. This section will give new staff members access to all the resources in the CZM program, and give established staff members a convenient reference of contacts in the CZM program. 8.7 Phase out H-PASS 8.7.1 Summary evaluation of H-PASS H-PASS was originally designed to meet Statewide planning needs. In it's original incarnation, the H-PASS system provided a centralized database that State and county agencies could use to access planning information. Most of the agencies that entered planning data into the system have phased out use of the H- PASS system, or plan to phase out use in the near future. The main reason use of the H-PASS system has declined is that the system is difficult to use, and the effort and cost required to enter data into the system did not justify the benefits gained. In addition, high maintenance costs and technical problems led many agencies to stop entering data into the H-PASS system. Finally, as the quality of information provided by H-PASS declined, the State and county agencies developed their own systems to meet their needs. Currently, the CZM office is the main user of the H-PASS system. The H-PASS system does not provide the data analysis capabilities needed by Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 51 CZM decision makers. In addition to the cumbersome user interface, technical problems, and data integrity problems faced by all of the network agencies, the CZM offices must pay the high cost required to maintain the H-PASS system. Based on a review of the H-PASS system and a preliminary review of CZM requirements, it is clear that the H-PASS system should be phased out. The time, cost, and manpower required to use the H-PASS system can be more effectively used by developing a PC-based system for the CZM office. A PC-based system can provide the data analysis capability required by CZM decision makers. A graphical user interface can make the PC-based system more intuitive and easier to use than the H-PASS system. A custom designed CZM system will provide exactly what decision makers need. A custom system will also eliminate the need to enter irrelevant Statewide planning information required by H-PASS. 8.7.2 Preserving H-PASS data If the H-PASS system is phased out, the database should be preserved and archived. Roger Evans (DLNR) requested that CDUA permit data be copied to tape. DLNR will be developing their own database system, into which they plan-to load the CDUA data. Dave Parsons (DOT - Harbors) has also expressed an interest in planning data stored on the H-PASS system. If an automated CZM monitoring and enforcement system is developed, useful H-PASS data can be converted and loaded into the new system. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 52 There will be costs associated with the conversion. Before the data is converted, the CZM office must determine if the costs of converting the data outweigh the costs of reentering the data. The conversion process could include the following steps: Define specifically what H-PASS data files and records will be converted; Connect a Wang or compatible microcomputer with a hard disk to the Wang minicomputer that is running H- PASS; Using Wang utilities, download the selected files and records from the minicomputer to the microcomputer; Convert the data from Wang database format to ASCII or directly into the format of the new database; Upload ASCII data or converted data into the new database system; Edit and correct the converted data. 8.8 The responsibility of the CZM office is to collect and analyze information from the network agencies to determine if they arc in compliance with CZM objectives. Because of the large volume of information that is collected, and the small CZM staff, an automated system will be needed to streamline coastal zone monitoring and enforcement. This section describes the basic functions an automated system should provide, and a plan for implementing an automated system. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 53 8.8.1 System Functions: Data entry functions: The counties have developed or will soon be developing their own systems. The counties should have the ability to use their own systems to enter data. This will ease the burden on the counties by eliminating redundant data entry. Define a format for reporting data that is consistent with the CZM database. Inform the counties of the reporting requirements as soon as possible. This will allow them to design their systems around the reporting requirements. Develop a database system for the counties to use. Give the counties the choice of using their own system and converting data into the CZM system or using the CZM system directly. If a county elects to use it's own system, then it must bear the burden of converting data. The user interface to the database system should be graphical and intuitive. The interface must simplify data entry. The system should make it as easy as possible for State agencies and counties to comply with CZM objectives. Data analysis functions: Measurable enforcement criteria will make it possible to analyze and summarize data. The system must be flexible to allow the CZM office to establish and change Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 54 measurement criteria such as categories of permits and rating scales. The main purpose of the analysis is to detect trends and patterns of non- compliance. The system should provide a "red flag" indicator of potential enforcement problems that require further attention and detailed analysis. Provide a means for County CZM offices and other networked agencies to query an historic CZM data base. Give networked agencies access to their own data, historical data, and the actions of other agencies. Reporting functions: Automate report production for CZM office and network agencies. Provide summary reports on data analysis results, especially the "red flag" problem indication. Produce reports that will help the CZM office focus it's efforts. Provide summary listings for the CZM office to use as references and "ticklers". Prepare Federal reports to verify to the Federal government that the CZM program is adequately monitoring network agencies. Give network agencies access to their own data and the CZM database. In workshop discussions, Counties would be satisified with hard copies of other Counties' summary reports for comparative purposes. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 55 Provide reports to network agencies that will help them meet their local goals. This could be done periodically by HCZMP by providing a complete data disk to networked agencies on request. Such agencies would need to have compatible hardware and software and would be financially responsible for system compatibility, although Counties would already have the capability. 8.8.2 System Implementation Plan: The implementation of a new computer system is a complex process, especially if a custom system will be developed for the CZM program. Unless a detailed plan is defined and followed, the development effort may experience schedule and time overruns, and a system that does not meet CZM needs may result. A system implementation plan should include the following tasks: Define Requirements. CZM requirements must be defined in detail. The requirements must clearly outline what components of the system will be manual and what components will be automated. The automation requirements must clearly establish the functions the computer system must perform. 'nis task is the key to the development effort because all subsequent tasks aim at meeting the requirements defined in this task. Evaluate Alternatives. Once detailed requirements have been defined, the CZM office can explore alternative solutions to the requirements. The alternatives can include no automation, package systems, custom systems, or a combination of the three. This task will consist of evaluating the costs and benefits of the alternative Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 56 solutions and selecting the one that best meets CZM needs. Design the System. If the alternative selected is a custom developed system, the system must be designed in detail. In this task, detailed external and internal designs will be completed. The external design is the design of the user interface - what the user sees on the screen and how the user interacts with the system. The internal design consists of the detailed database and program specifications required to implement the external design. Acquire Hardware and Software. In parallel with the alternatives evaluation and design tasks, hardware and software must be acquired. First, bid specifications must be prepared, State approval forms prepared, vendors selected, prices negotiated, and items ordered. After hardware and software have been ordered, the physical facilities must be prepared for furniture, lighting, phones, cables, and working space. Once hardware and software are delivered, orders must be verified, inventory established, and the system must be configured. (See appendix). Test the Software. Once hardware and software have been installed, the automated system can be developed. Development will consist of creating the database structure, coding application programs, and developing batch and special programs. All components of the system must be thoroughly tested. Unit tests will test individual programs. System tests will test the system as a whole including the integration of all program units. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 57 Prepare User Guide and Operations Guide. In parallel with the programming task, the User Guide and Operations Guides can be written. The User Guide is the owner's manual for the system. It will explain to novice and experienced users how to operate the system. The Operations Guide will be used by the system manager to maintain the system. The Operations Guide will contain regular, special, and emergency maintenance procedures. These procedures include backing up and archiving data, handling a power failure, and installing new hardware and software. Conversion. Once programming and testing are complete, existing H-PASS data can be converted and loaded into the database. Manual files can also be entered into the system. 8.9 Improve Communications: 8.9.1 Commitment to training: One of the keys to successful system implementation, and the monitoring and enforcement program as a whole, is training. The CZM office should ensure that network agency personnel receive complete training when the system is implemented. Training sessions should also be held on a regular basis to improve the skills of regular users, and to teach skills to new users. Two training resource people should be appointed. They should be experts in the system who are available as resources to all network agency personnel. Two resource people should be appointed to ensure that the CZM office never loses expertise in running and maintaining the system. Evaluation of the Monitoring and Enforcement Program June 30, 1990 Hawaii Coastal Zone Management Program, Office of State Planning Page 58 I I I I I I I I I I Appendix A I I Chapter 205A and Supplements I I I I I I I I CHAPTER 205A COASTAL ZONE MANAGEMENT PART I. COASTAL ZONE MANAGEMENT SECTION 205A-1 DEFINITIONS 205A-2 COASTAL ZONE MANAGEMENT PROGRAM; OBJECTIVES AND POLICIES 205A-3 LEAD AGENCY 205A-4 IMPLEMENTATION OF OBJECTIVES, POLICIES, AND GUIDELINES 205A-5 COMPLIANCE 205A-6 CAUSE OF ACTION PART II. SPECIAL MANAGEMENT AREAS 205A-21 FINDINGS AND PURPOSES 205A-22 DEFINITIONS 205A-23 COUNTY SPECIAL MANAGEMENT AREA BOUNDARIES 205A-24, 25 REPEALED 205A-26 SPECIAL MANAGEMENT AREA GUIDELINES 205A-27 DESIGNATION OF SPECIAL MANAGEMENT AREA AUTHORITY 205A-28 PERMIT REQUIRED FOR DEVELOPMENT 205A-29 SPECIAL MANAGEEMENT AREA USE PERMIT PROCEDURE 205A-30 EMERGENCY AND MINOR PERMITS 205A-31 REPEALED 205A-32 PENALTIES 205A-33 INJUNCTIONS 36 COASTAL ZONE MANAGEMENT 20SA-2 Case Notes Existence of chapter does not preclude private right of action to force beach access. 65 H. 383, 652 P. 2d 1130. Chapter does not apply to any development, existing or planned, for which permits listed in L 1975, c 176, �3 were issued or ordinances were passed prior to December 1, 1975. 4 H. App. 304, 666 P.2d 177. PART 1. COASTAL ZONE MANAGEMENT Note Former Part 1. Long'Range Goals, ��205A-1 to 3, repealed by L 1977, c 188, �2. �205A-1 Definitions. As used in this chapter, unless the context otherwise requires: "Agency" means any agency, board, commission, department, or officer of -a county government or the state government, including the authority as defined in part 11; "Coastal zone management area" means the special management area after compliance pursuant to section 205A-23, and the waters from the shoreline to the seaward limit of the State's jurisdiction and any other area which the lead agency may designate for the purpose of administering the coastal zone management program; 'Coastal zone management program" means the comprehensive statement in words, maps, or other permanent media of communication, prepared, approved for submission, and amended by the State and approved by the United States government pursuant to Public Law No. 92-583, as amended, and the federal regulations adopted pursuant thereto, which describes objectives, policies, laws, standards, and procedures to guide and regulate public and private uses in the coastal zone management area, provided however the 44 coastal zone management program" is consistent with the intent, purpose, and provisions of this chapter; "Land" means the earth, water, and air above, below, or on the surface; "Lead agency" means the department of planning and economic develop- ment; "Person" means an individual, corporation, or partnership, and an organization or association, whether or not incorporated; "Shoreline" means the upper reaches of the wash of the waves, other than storm and tidal waves, usually evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the waves. [L 1977, c 188, pt of �3; am L 1979, c 200, � 1; am L 1983, c 124, �7] Revision Note Numeric designations deleted. �205A-2 Coastal zone management program; objectives and policies. (a) The objectives and policies in this section shall apply to both parts I and 11 of this chapter. (b) Objectives. (1) Recreational resources; (A) Provide coastal recreational opportunities accessible to the public. (2) Historic resources; (A) Protect, preserve, and, where desirable, restore those natural 37 205A-2 PLANNING AND ECONOMIC DEVELOPMENT and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. (3) Scenic and open space resources; (A) Protect, preserve, and, where desirable, restore or improve the quality of coastal scenic and open space resources. (4) Coastal ecosystems; (A) Protect valuable coastal ecosystems from disruption and mini- mize adverse impacts on all coastal ecosystems. (5) Economic uses; (A) Provide public or private facilities and improvements important to the State's economy in suitable locations. (6) Coastal hazards; (A) Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. (7) Managing development; (A) Improve the development review process, communication, and public participation in the management of coastal resources and hazards. (c) Policies. (1) Recreational resources; (A) Improve coordination and funding of coastal recreation plan- ning and management; and (B) Provide adequate, accessible, and diverse recreational opportu- nities in the coastal zone management area by: (i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas; (ii) Requiring replacement of coastal resources having signifi- cant recreational value, including but not limited to surfing sites and sandy beaches, when such resources will be unavoidably damaged by development; or requiring reason- able monetary compensation to the State for recreation when replacement is not feasible or desirable; (iii) Providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value; (iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) Encouraging expanded public recreational use of county, State, and federally owned or controlled shoreline lands and waters having recreational value; (vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect and where feasible, restore the recreational value of coastal waters; (vii) Developing new shoreline recreational opportunities, where appropriate, such as artificial lagoons, artificial beaches, artificial reefs for surfing and fishing; and (viii) Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission, board of 38 land and natural resources, county planning commissions; COASTAL ZONE MANAGEMENT 205A-2 and crediting such dedication against the requirements of section 46-6. (2) Historic resources; (A) Identify and analyze significant archaeological resources; (B) Maximize information retention through preservation of re- mains and artifacts or salvage operations; and (C) Support state goals for protection, restoration, interpretation, and display of historic resources. (3) Scenic and open space resources; (A) Identify valued scenic resources in the coastal zone management area; (B) Insure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (C) Preserve, maintain, and, where desirable, improve and restore shoreline open space and scenic resources; and (D) Encourage those developments which are not coastal dependent to locate in inland areas. (4) Coastal ecosystems; (A) Improve the technical basis for natural resource management; (B) Preserve valuable coastal ecosystems of significant biological or economic importance; (C) Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions, channelization, and similar land and water uses, recognizing competing water needs; and (D) Promote water quantity and quality planning and management practices which reflect the tolerance of fresh water and marine ecosystems and prohibit land and water uses which violate state water quality standards. (5) Economic uses; (A) Concentrate in appropriate areas the location of coastal depen- dent development necessary to the State's economy; (B) Insure that coastal dependent development such as harbors and ports, visitor industry facilities, and energy generating facilities are located, designed, and constructed to minimize adverse social, visual, and environmental impacts in the coastal zone management area; and (C) Direct the location and expansion of coastal dependent develop- ments to areas presently designated and used for such develop- ments and permit reasonable long-term growth at such areas, and permit coastal dependent development outside of presently designated areas when: (i) Utilization of presently designated locations is not feasible; (ii) Adverse environmental effects are minimized; and (iii) Important to the State's economy. (6) Coastal hazards; (A) Develop and communicate adequate information on storm wave, tsunami, flood, erosion, and subsidence hazard; (B) Control development in areas subject to storm wave, tsunami, flood, erosion, and subsidence hazard; 39 205A-2 PLANNING AND ECONOMIC DEVELOPMENT (C) Ensure that developments comply with requirements of the Federal Flood Insurance Program; and (D) Prevent coastal flooding from inland projects. (7) Managing development; (A) Effectively utilize and implement existing law to the maximum extent possible in managing present and future coastal zone development; (B) Facilitate timely processing of application for development permits and resolve overlapping or conflicting permit require- ments; and (C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life- cycle and in terms understandable to the general public to facilitate public participation in the planning and review process. (L 1977, c 188, pt of �3] �205A-3 Lead agency. The lead agency.shall: (1) Receive, disburse, use, expend, and account for all funds that are made available by the United States and the State for the coastal zone management program; (2) Provide support and assistance in the administration of the coastal zone management program; (3) Review federal programs, permits, licenses and development propos- als for consistency with the coastal zone management program; (4) In consultation with the counties and the general public prepare guidelines as necessary to further specify and clarify the objectives and policies of the chapter to be submitted twenty days prior to the convening of any regular session of the legislature for review, modification, or enactment by the legislature; (5) Conduct a continuing review of the administration of the coastal zone management program and of the compliance of state and county agencies; (6) Facilitate public participation in the coastal zone management program; (7) Review state programs within the coastal zone management area from the shoreline to the seaward limit of the State's jurisdiction for consistency with the coastal zone management program; and (8) Prepare an annual report to the governor and the legislature which shall include recommendations for enactment of any legislation necessary to require any agency to comply with the objectives and policies of this chapter and any guidelines enacted by the legislature. [L 1977, c 188, pt of �3; am L 1979, c 200, �2] �205A4 Implementation of objectives, policies, and guidelines. (a) In implementing the objectives of the coastal zone management program full consideration shall be given to ecological, cultural, historic, and esthetic values as well as to needs for economic development. (b) The objectives and policies of this chapter and any guidelines enacted by the legislature shall be binding upon actions within the coastal zone management area by all agencies. [L 1977, c 188, pt of �3; am L 1979, c 200, �3] �205A-5 Compliance. All agencies shall amend their regulations, as 40 COASTAL ZONE MANAGEMENT 205A-22 may be necessary, to comply with the objectives and policies of this chapter and any guidelines enacted by the legislature. (L 1977, c 188, pt of �3; am L 1979, c 200, �4] �205A-6 Cause of action. (a) Subject to chapters 661 and 662, any person or agency may commence a civil action alleging that any agency: (1) Is not in compliance with one or more of the objectives, policies, and guidelines provided or authorized by this chapter within the special management area and the waters from the shoreline to the seaward limit of the State's jurisdiction; or (2) Has failed to perform any act or duty required to be performed under this chapter; or (3) In exercising any duty required to be performed under this chapter, has not complied with the provisions of this chapter. (b) In any action brought under this section, the lead agency, if not a party, may intervene as a matter of right. (c) A court, in any action brought under this section, shall have jurisdiction to provide any relief as may be appropriate, including a temporary restraining order or preliminary injunction. (d) Any action brought under this section shall be commenced within sixty days of the act which is the basis of the action. (e) Nothing in this section shall restrict any right that any person may have to assert any other claim or bring any other action. (L 1977, c 188, pt of �3; am L 1979, c 200, �5] PART 11. SPECIAL MANAGEMENT AREAS �205A-21 Findings and purposes. The legislature finds that, special controls on developments within an area along the shorehne are necessary to avoid permanent losses of valuable resources and the foreclosure of management options, and to ensure that adequate access, by dedication or other means, to public owned or used beaches, recreation areas, and natural reserves is provided. The legislature finds and declares that it is the state policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaii. [L 1975, c 176, pt of �1; am L 1977, c 188, �5] �205A-22 Definitions. As used in this part, unless the context otherwise requires: (1) "Applicant" means any individual, organization, partnership, or corporation, including any utility, and any agency of government. (2) "Authority" means the county planning commission, except in counties where the county planning commission is advisory only, in which case "authority" means the county council or such body as the council may by ordinance designate. The authority may, as appropri- ate, delegate the responsibility for administering this part. (3) "Development" means any of the uses, activities, or operations on land; in or under water, within the special management area that are included below, but not those uses, activities, or operations excluded in subparagraph (B): (A) "Development" includes the following: 41 205A-22 PLANNING AND ECONOMIC DEVELOPMENT (i) The placement or erection of any solid material or any gaseous, liquid, solid, or thermal waste; (ii) Grading, removing, dredging, mining, or extraction of any materials; (iii) Change in the density or intensity of use of land, including but not limited to the division or subdivision of land; (iv) Change in the intensity of use of water, ecology related thereto, or of access thereto; and (v) Construction, reconstruction, demolition, or alteration of the size of any structure. (B) "Development" does not include the following: (i) Construction of a single-family residence that is not part of a larger development; (ii) Repair or maintenance of roads and highways within existing rights-of-way; (iii) Routine maintenance dredging of existing streams, chan- nels, and drainage ways; (iv) The repair and maintenance of underground utility lines, including but not limited to water, sewer, power, and telephone and minor appurtenant structures such as pad mounted transformers and sewer pump stations; (v) Zoning variances, except for height, density, parking, and shoreline setback; (vi) Repair, maintenance, or interior alterations to existing structures; (vii) Demolition or removal of structures, except those struc- tures located on any historic site as designated in national or state registers; (viii) The use of any land for the purpose of cultivating, planting, growing, and harvesting of plants, crops, trees, and other agricultural, horticultural, or forestry products or animal husbandry, or aquaculture or mariculture of plants or animals, or other agricultural purposes subject to review by the authority in accordance with subparagraph (C); (ix) The transfer of title to land; (x) The creation or termination of easements, covenants, or other rights in structures or land; (xi) The subdivision of land into lots greater than twenty acres in size; (xii) The subdivision of a parcel of land into four or fewer parcels when no associated construction activities are proposed, provided that any such land which is so subdi- vided shall not thereafter qualify for this exception with respect to any subsequent subdivision of any of the resulting parcels; (xiii) Installation of underground utility lines and appurtenant aboveground fixtures less than four feet in height along existing corridors; (xiv) Structural and nonstructural improvements to existing single-family residences including additional dwelling unit, where otherwise permissible; and 42 COASTAL ZONE MANAGEMENT 20SA-23 (xv) Nonstructural improvements to existing commercial struc- tures. (C) Whenever the authority finds that any use, activity, or operation excluded in subparagraph (B) is or may become part of a larger project, the cumulative impact of which may have a significant environmental or ecological effect on the special management area, that use, activity, or operation shall be defined as "development" for the purpose of this part. (4) "Special management area" means the land extending inland from the shoreline as delineated on the maps filed with the authority as of June 8, 1977, or as amended pursuant to section 205A-23. (5) "Special management area emergency permit" means an action by the authority authorizing development in cases of emergency requir- ing immediate action to prevent substantial physical harm to persons or property or to allow the reconstruction of structures damaged by natural hazards to their original form, provided that such structures were previously found to be in compliance with requirements of the Federal Flood Insurance Program. (6) "Special management area minor permit" means an action by the authority authorizing development, the valuation of which is not in excess of $65,000 and which has no substantial adverse environmen- tal or ecological effect, taking into account potential cumulative effects. (7) "Special management area use permit" means an action by the authority authorizing development, the valuation of which exceeds $65,000 or which may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects. (8) "Structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (9) "Valuation" shall be determined by the authority and means the estimated cost to replace the structure in kind, based on current replacement costs, or in the cases of other development, as defined above, the fair market value of the development. [L 1975, c 176, pt of � 1; am L 1977, c 188, �6; am L 1979, c 200, �7; am L 1982, c 126, � 1; am L 1983, c 124, �8; am L 1984, c 113, �1] Attorney General Opinions "Special management area" mast be shoreline or costal water related land. Att. Gen. Op. 75-18. Case Notes "Development" includes that which is planned. 4 H. App. 304, 666 P-2d 177. �205A-23 County special management area boundaries. (a) The special management area in each county shall be as shown on such maps filed with the authority as of June 8, 1977. (b) On or before December 31, 1979, the authority shall review and pursuant to chapter 91, amend as necessary its special management area boundaries, to further the objectives and policies of this chapter, provided that any contraction of the special management area boundaries as provided for in subsection (a), shall be subject to lead agency review and determination as to 43 205A-23 PLANNING AND ECONOMIC DEVELOPMENT compliance with the objectives and policies of this chapter and any guidelines enacted by the legislature. Copies of the existing and amended maps shall be filed with the authority and the lead agency. (c) Nothing in this chapter shall preclude the authority from amending its special management area boundary at any point in time; provided that the procedures and requirements outlined in subsection (b) shall be complied with and provided further that any. future special management area boundary adjustments shall be restricted to the coastal zone management area. [L 1975, c 176, pt of �1; am L 1977, c 188, �7; am L 1979, c 200, �8] Attorney General Opinions Counties must reasonably determine whether lands, located in excess of 100 yards from water to be protected, are lands the uses of which will have significant impact on the water. Att. Gen. Op. 75- 18. ��205A.24, 25 REPEALED. L 1977, c 188, ��8, 9. �205A-26 Special management area guidelines. In implementing this part, the authority shall adopt the following guidelines for the review of developments proposed in the special management area: (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: (A) Adequate access, by dedication or other means, to publicly owned or used beaches, recreation areas, and natural reserves is provided to the extent consistent with sound conservation principles; (B) Adequate and properly located public recreation areas and wildlife preserves are reserved; (C) Provisions are made for solid and liquid waste treatment, disposition, and management which will minimize adverse effects upon special management area resources; and (D) Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of earthquake. (2) No development shall be approved unless the authority has first found: (A) That the development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interests. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options; (B) That the development is consistent with the objectives, policies, and special management area guidelines of this chapter and any guidelines enacted by the legislature; and (C) That the development is consistent with the county general plan 44 and zoning. Such a finding of consistency does not preclude COASTAL ZONE MANAGEMENT 20SA-29 concurrent processing where a general plan or zoning amend- ment may also be required. (3) The authority shall seek to minimize, where reasonable: (A) Dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough or lagoon; (B) Any development which would reduce the size of any beach or other area usable for public recreation; (C) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands, beaches, portions of rivers and streams within the special management areas and the mean high tide line where there is no beach; (D) Any development which would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast; and (E) Any development which would adversely affect water quality, existing areas of open water free of visible structures, existing and potential fisheries and fishing grounds, wildlife habitats, or potential or existing agricultural uses of land. (L 1975, c 176, pt of �1; am L 1977, c 188, �10; am L 1979, c 200, �9; am L 1984, c 113, �2] Case Notes Grant of permit overturned because findings required by paragraph (2) not made. 65 H. 506, 654 P.2d 874. �205A-27 Designation of special management area authority. The authority is designated the special management area authority and is authorized to carry out the objectives, policies and procedures of this part. [L 1975, c 176, pt of �1; am L 1979, c 200, �10] �205A-28 Permit required for development. No development shall be allowed in any county within the special management area without obtaining a permit in accordance with this part. [L 1975, c 176, pt of � 1; am L 1979, c 200, �11] �205A-29 Special management area use permit procedure. (a) The authority in each county, upon consultation with the central coordinating agency, shall establish and may amend pursuant to chapter 91, by rule or regulation the special management area use permit application procedures, conditions under which hearings must be held, and the time periods within which the hearing and action for special management area use permits shall occur. The authority shall provide for adequate notice to individuals whose property rights may be adversely affected and to persons who have requested in writing to be notified of special management area use permit hearings or applications. The authority shall also provide written public notice once in a newspaper of general circulation in the State at least twenty days in advance of the hearing. The authority may requ;re a reasonable filing fee which shall be used for the purposes set forth herein. Any rule or regulation adopted by the authority shall be consistent with the objectives, policies, and special management area guidelines provided in this chapter. Action on the special management permit shall be final unless otherwise mandated by court order. 45 20SA-29 PLANNING AND ECONOMIC DEVELOPMENT (b) No agency authorized to issue permits pertaining to any development within the special management area shall authorize any development unless approval is first received in accordance with the procedures adopted pursuant to this part. For the purposes of this subsection, county general plan, state land use district boundary amendments, and zoning changes are not permits. [L 1975, c 176, pt of �1; am L 1977, c 188, �11; am L 1979, c 200, �12] Case Notes Section does not require that notice of a meeting rescheduled for later date to be provided within time limit on original notice. 64 H. 431, 643 P.2d 55. �205A-30 Emergency and minor permits. Each county authority shall provide specific procedures consistent with this part for the issuance of special management area emergency permits or special management area minor permits, pursuant to the procedural requirements within this part, and judicial review from the grant and denial thereof. (L 1975, c 176, pt of �1; am L 1979, c 200, �13] �205A-31 REPEALED. L 1979, c 200, �14. (�205A-32] Penalties. (a) Any person who violates any provision of this part shall be subject to a civil fine not to exceed $10,000. (b) In addition to any other penalties, any person who performs any development in violation of this part shall be subject to a civil fine not to exceed $500 a day for each day in which such violation persists. (L 1975, c 176, pt of � I] �205A-33 Injunctions. Any person or agency violating any provision of this chapter may be enjoined by the circuit court of the State by mandatory or restraining order necessary or proper to effectuate the purposes of this chapter in a suit brought by the authority or the lead agency. (L 1979, c 200, � 15; am L 1983, c 76, �1] 205A-I PLANNING AND ECONOMIC DEVELOPMENT Ll storm and tidal waves, at high tide during the season of the year in whicb highest wash of the waves occurs, usually evidenced by the edge of ve, ation growth, or the upper limit of debris left by the wash of the waves. [an,,,_--l986, c 258, �2; am L 1987, c 336, �71 Revision Note Only the definitions amended are compiled in this Supplement. �205A-6 Cause of action. Judicial intervention under this section _@afa not precede resolution of issues by administrative aoency. 69 H. (No. 11228). Z'r PART., V'SPECIAL MANAGEMENT AREAS �205A-26 S-'@'Wial management area guidelines. Case Notes Granr_@'11@ermit overturned because findings required by paragraph (2) not made. 68 H. (Nos. 10078, I 00PI, kit violated where requisite findings were contained in committee report recommending approval of .......... PART Ill. SHORELINE SETBACKS �205A-41 Definitions. As used in this part, unless the context otherwise requires: "Authority" means the authority as defined in part 11. "Department" means the planning department of each county. -Shoreline area" means all of the land area between the shoreline and the shoreline setback line. -Shoreline setback line" means that line established in this part or by the county running inland from and parallel to the shoreline at a horizontal plane. IL 1986, c 258, pt of �11 �205A-42 Determination of the shoreline. The board of land and natural resources shall adopt rules pursuant to chapter 91 prescribing procedures for de- termining a shoreline and appeals of shoreline determinations; provided that no determination of a shoreline shall be valid for a period longer than twelve months, except where the shoreline is fixed by man-made structures which have been ap- proved by appropriate government agencies and for which engineering drawings exist to locate the interface between the shoreline and the structure. [L 1986, c 258, pt of �11 �205A-43 Establishment of shoreline setbacks and duties and powers of the department. Setbacks along shorelines are established of not less than twenty feet and not more than forty feet inland from the shoreline. The department shall adopt rules within a period of one year after June 22, 1970, pursuant to chapter 72 COASTAL ZONE MANAGEMENT 205A-46 Ql. and shall enforce the shoreline setbacks and rules pertaining thereto. (L 1986, c 258. pt of �11 �205A-44 Prohibitions. (a) The mining or taking of sand. coral, rocks. "Oll. or other beach or marine deposits from the shoreline area, or within 1,000 feet seaward from the shoreline, or in water of 30 feet or less in depth in the territorial sea, is prohibited with the following exceptions: (1) The taking from a public beach of such materials for reasonable. per- sonal. noncommercial use; (2) Where the mining or taking of sand by the State or county is for the replenishment of sand on public beaches at Hilo Bay. N@aikiki. Ala Moana, and Kailua beaches; provided that for the purpose of this par- agraph an environmental impact statement for the proposed project shall be accepted pursuant to chapter 343. a finding shall be made by the proposing state or county agency that the proposed project is in the public interest and will not have any adverse significant social. economic, or environmental impact, and both a public informational meeting and public hearing shall be held by the proposing state or county agency in the affected community. The public hearing shall be preceded by public notice of the proposed project not less than 30 days before the hearing and published on three separate days in a newspaper of general circulation in the State or county affected by the proposed project. The proposing state or county agency shall also notify in writing the owners or lessees of adjoining, overlapping, or affected property of the proposed project; (3) The clearing of sand from existing drainage pipes and canals and from the mouths of streams; provided that the sand shall be placed on adjacent beaches unless such placement would result in significant turbidity. (b) Except as otherwise provided in this part po structure or any portion thereof. including but not limited to seawalls, groins, and revetments, shall be permitted within the shoreline area; provided that any lawful nonconforming struc- turc existing on June 22, 1970, shall be permitted; provided further that any structure which is necessary for safety reasons or to protect the property from erosion or wave damages shall be permitted. A structure not conforming to this section but for which a building permit application has been filed on or before June 22, 1970. shall also be permitted as a nonconforming structure, subject to the ordinances and rcrulations of the particular county. (c) Any nonconforming structure, including but not limited to residential dwellings. agricultural structures, seawalls. groins, and revetments may be replaced or reconstructed within the shoreline area: provided that no nonconforming structure shall be substantially enlarged or changed to another nonconforming use within the shoreline area. If the use of any nonconforming structure is discontinued or held in abeyance for a period of one year, the further continuation of such use shall be prohibited. [L 1986, c 258, pt of �11 �205A-45 Shoreline setback lines established by county. The several counties through ordinances may require that shoreline set@ack lines be established it a distance greater than that established in this part. I L 1986. c 258, pt of � I I �205A-46 Functions of department. (a) The department shall administer the provisions of this part. It shall review the plans of all applicants who propose any structure. activity, or facility which otherwise would be prohibited by this part. The department may require that the plans be supplemented by accurately 73 20SA-46 PLANNING AND ECONOMIC DEVELOPMENT mapped data showing natural conditions and topography relating to all existing and proposed structures, buildings, and facilities. The department may also require reasonable changes in the submitted plans in order to obtain optimum compliance practicable with this part. (b) After reviewing the plans, the department shall transmit tile plans with its recommendations to the authority. The authority shall grant a variance for such structure, activity, or facility if, after a hearing pursuant to chapter 91, it finds in writing, based on the record presented either: (1) that such structure, activity, or facility is in the public interest; or (2) that hardship will be caused to the applicant if the proposed structure, activity, or facility is not allowed on that portion of the land within the shoreline area. Any variance granted to the maximum extent prac- ticable shall be subject to such conditions as will cause the structure, activity, or facility to result in a minimum interference with natural shoreline processes and as will provide for safe public shoreline access. The authority shall render written approval or disapproval within forty-five days after the hearing on the applicant's plans, unless such period is extended by written agreement between the authority and the applicant. [ L 1986, c 258, pt of � I Note For variances and permits granted before May 29, 1986, see L 1986. c 258, �5. �205A-47 Exemptions. Tunnels, canals, basins, and ditches, together with associated structures used by public utilities as the term is defined in section 269- 1, wharves, docks, piers, and other harbor and waterfront improvements and any other maritime facility and water sport recreational facilities may be permitted within the shoreline area; provided that the plans are submitted for review and are approved by the authority after a public hearing has been held and that the appropriate state body has found that the proposed structures will result only in a minimum inter- ference with natural shoreline processes; provided further that any such structure constructed by a governmental body shall be exempt from the provisions of this part except as to the requirement that two public hearings shall be held by the governmental body charged with such construction, once when the project is first conceived and again when the project i.s substantially designed and planned, but prior to the letting of the contract. Repair, strengthening, reinforcement, and main- tenance of fishponds, and improvements for aquaculture farms shall be exempt from this part, upon issuance of a permit or waiver of the requirements by the board of land and natural resources. [L 1986, c 258, pt of � I �205A-48 Conflict of other laws. In case of a conflict between the re- quirements of any other state law or county ordinance regarding shoreline setback lines, the more restrictive requirements shall apply in furthering the purposes of this part. Nothing contained in this part shall be construed to diminish the jurisdiction of the state department of transportation over wharves, airports, docks, piers, small boat, or other harbors, and any other maritime or water sports recreational facilities to be constructed on state land by the State; provided that such plans are submitted for the review and information of the officer of the respective agency charged with the administration of the county zoning laws, and found not to conflict with any county ordinances, zoning laws, and building code. J L 1986, c 258, pt of � I I �205A-49 Adoption of rules. Each agency charged with carrying out this 74 HAWAII COMMUNITY DEVELOPMENT AUTHORITY 206E-5 -'!ri shall adopt rules under chapter 9 1, as necessary. to implement or comply with Thi, part by June 30, 1987. IL 1986. c 258, pt of @@ I I CHAPTER 206E HAWAII COMMUNITY DEVELOPMENT AUTHORITY PART 1. GENERAL PROVISIONS, sl( TION 200E-3 HAWAII COMMUNITY DEVELOPMENT AUTHORITY. ESTABLISHED 206E-5 DESIGNArION OF COMMUNITY DF-:vr-LOPMENT DISTRICTS. COMMUNIFY DEVELOPMENT PLANS '061:-6 DISTRICT-WIDE IMPROVFMENT PROGRAM :06E-15 RESIDENTIAL PROJECTS, COOPERATIVE AGREEMENTS PART It. KAKAAKO COMMUNITY DFvELOPMENT DISTRICT -'fk6E-32 DISTRICT, ESTABLISHED. BOUNDARIES PART IV. REVENUE BONDS FOR PUBLIC FACILITY PROJECTS :11(,E-153 REVENUL BONDS. AUTHORIZATION PART 1. GENERAL PROVISIONS �206E-3 Hawaii community development authority; established. (a) There is established the Hawaii community development authority, which shall be -1 body corporate and a public instrumentality of the State. for the purpose of implementing this chapter. The authority shall be placed within the department of @,usiness and economic development for administrative purposes. (b) The authority shall consist of eleven voting members. The director of finance. the director of business and economic development, the comptroller, and the director of transportation, or their respective designated representatives sball ,erve as ex officio. voting members. Seven members shall be appointed by the governor for staggered terms pursuant to section 26-34, provided that initially. three members shall be selected from a list of ten prospective appointees recommended by the local governing body of the county in which the initial designated district I-, situated: and provided further that when vacancies occur in any of the three nitions for which the members were selected from a list of county recommen- dations. the -overnor shall fill such vacancies on the basis of one from a list of four recommendations, two from a list of seven recommendations, or three from a list of ten recommendations. The list of recommendations shall be made by the local governing body of the county. If an additional district is designated by the le@'.I'I;ture in a county other than the county in which the initial designated district I,; situated. the total membership of the authority shall be increased as prescribed 3bove by the appointment of three additional members. All members shall continue in office until their respective successors have been appointed and qualified. Fxcept as herein provided, no member appointed under this subsection shall be an officer or employee of the State or its political subdivisions. [am L 1987, c 336, V, c 339, K and c 355, �41 Revision Note Only the subsections amended are compiled in this Supplement. �206E-5 Designation of commuWty development districts; community 75 6WST**NhJWAGWJT "Lead agency" means the office of state planning; "Shoreline" means the upper reaches of the wash of the waves, other than storm and seismic waves, at high tide during the season of the year in which the highest wash of the waves occurs, usually evidenced by the edge uf vegetation growth, or the upper limit of debris left by the wash of the waves. lain L 1986, c 258, �2; am L 1987, c 336, �7; am L 1988, c 352, �4-, am L 1989, c 356, �41 1989 SUPPLEMENT Revision Note Only the definitions amended are compiled in this Supplement. �205A-3 Lead agency. The lead agency shall: (1) Receive, disburse, use, expend, and account for all funds that are made CHAPTER 205A available by the United States and the State for the coastal zone man- COASTAL ZONE MANAGEMENT agement program; (2) Provide support and assistance in the administration of the coastal zone PART 1. COASTAL ZONE MANAGEMENT management program; SECTION (3) Review federal programs, permits, licenses, and development proposals 205A-1 DEFINITIONS for consistency with the coastal zone management program; 205A-3 LEAD AGENCY (4) In consultation with the counties and the general public prepare guide- 20SA-4 IMPLEMENTATION OF OBJECTIVES, POLICIES, AND GUIDELINES 205A-5 COMPLIANCE lines as necessary to furtherspecify and clarify the objectives and policies of the chapter to be submitted twenty days prior to the convening of any PART 11. SPECIAL MANAGEMENT AREAS regular session of the legislature for review, modification, or enactment 205A-29 SPECIAL MANAGEMENT AREA USE PERMIT PROCEDURE by the legislature; 205A-32 PENALTIES (5) Conduct a continuing review of the administration of the coastal zone management program and of the compliance of state and county agencies PART Ill. SHORELINE SETBACKS with the objectives and policies of this chapter-, 205A-41 DEFINITIONS 205A-42 DETERMINATION OF THE SHORELINE (6) Facilitate public participation in the coastal zone management program-, 205A-43 EsTABLISIIMENT OF SIIORELINE SETBACKS AND DUTIES AND POWERS OF TIIE DEPARTMENT and 205-43.5 POWERS AND DUTIES OF TIIE AUTHORITY (7) Prepare an annual report to the governor and the legislature which shall 205-43.6 ENFORCEMENT OF SIIORELINE SETBACKS include recommendations for enactment of any legislation necessary to 205A-44 PROHIBITIONS require any agency to comply with the objectives and policies of this 205A-45 SHORELINE SETBACK LINES ESTABLISHED BY COUNTY 205A-46 VARIANCES chapter and any guidelines enacted by the legislature. (L 1977, c 188, 205A-47 REPEALED pt of �31; am L 1979, c 200, �2; am L 1989, c 356, �5] 205A-48 CONFLICT OF OTHER LAWS 20SA-49 ADOPTION OF RULES �205A-4 Implementation of objectives, policies, and guidelines. (a) In Cross References implementing the objectives of the coastal zone management program, the agencies Housing finance and development corporation compliance with environmental and shoreline protection shall give full consideration to ecological, cultural, historic, esthetic, recreational, laws, see note at end of chapter 201E. scenic, and open space values, and coastal hazards, as well as to needs for economic development. PART 1. COASTAL ZONE MANAGEMENT (b) The objectives and policies of this chapter and any guidelines enacted by the legislature shall be binding upon actions within the coastal zone management area by all agencies, within the scope of their authority. IL 1977, c 188, pt of �3; �205A-1 Definitions. As used in this chapter, unless the context otherwise am L 1979, c 200, �3; am L 1989, c 356, �61 FCLIUires: "Coastal zone management area" means the waters from the shoreline to the �205A-5 Compliance. All agencies shall ensure that their rules comply seaward limit of the State's jurisdiction and all land areas excluding those lands with the objectives and policies of this chapter and any guidelines enacled by the designated as state forest reserves, legislature. [L 1977, c 188, pt of �3; am L 1979, c 200, �4@ ain L 1989, c 356, �71 86 87 Wi 61111[ANNW. ANAMI 0N"1NL"1I,'NfW 4W M - 4WAS@W0NPNNAC1,WTM 2AM-5 W* �205A-6 Cause ofac(ion. PART 111. SHORELINE SETBACKS Case Notes �205A-41 Definitions. As used in this part, unless the context otherwise Judicial intervcn(ion under (his section should not precede resolution requires: y" means the authority as defined in part If. avricy. 69 It. (No. 11228). 734 P.2d 161. Of issues by administrative "Authorit "Board approval" means approval by the board of land and natural resources pursuant to section 183-41. PART 11. SPECIAL MANAGEMENT AREAS "Department" means the planning depariment of each county. "Shoreline area" shall include all of the land area between the shoreline and �205A-26 Special management area guidelines. the shoreline setback line and may include t@e area between Mcan sea level and the shoreline. "Shoreline setback line" means that line established in this part or by the Case Notes county running inland from and parallel to the shoreline at a horizontal plane. "Structure" includes, but is not limited to, any portion of any building, pave- Grant of permit overturned because findings required by paragraph (2) not made. 68 H. 135. 705 P.2d 1042. ment, road, pipe, flume, utility line, fence, groin, wall, or reveinient. [L 1986, c Not violated where requisite findings were contained in committee report recommeading approval of 258, pt of �1; am L 1989, c 356, ��2, 10] development. 6 li. App. 540, 735 P.2d 950. �205A-42 Determination of the shoreline. The board of land and natural agement area use permit procedure. (a) The au- termining a shoreline and appeals of shoreline determinations; �205A-29 Special man. resources shall adopt rules pursuant to chapter 91 prescribing procedures for de- ency, determination of a shoreline shall be valid for a period longer than twelve months, thority in each county, upon consultation with the central coordinating ag provided that no shall adopt rules under chapter 91 setting the special management area use permit except where the shoreline is fixed by manmade structures which have been a@- application procedures, conditions under which hearings must be held, and the time proved by appropriate government agencies and for which engineering drawings periods within which the hearing and action for special management area use permits exist to locate the interface between the shoreline and the structure. [L 1986, c shall occur. The authority shall provide for adequate notice to individuals whose 258, pt of � I property rights may be adversely affected'and to persons who have requested in writing to be notified of special management area use permit hearings or app!ica- �20SA43 Establishment of shoreline setbacks and duties and powers of tions. The authority shall also provide written public notice once in a newspaper the department. (a) Setbacks along shorelines are established of not less than of general circulation in the State at least twenty days in advance of the hearing. twenty feet and not more than forty feet inland from the shoreline. The department The authority may require a reasonable filing fee which shall be used for the purposes shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks set forth herein. and rules pertaining thereto. Any rule adopted by the authority shall be consistent with the objectives, (b) The powers and duties of the department shall include, but not be limited policies, and special management area guidelines provided in this chapter. Action to: der chapter 91 prescribing procedures on the special management permit shall be final unless otherwise mandated by court (1) The department shall adopt rules un order. for determining the shoreline setback line; and (2) The department shall review the plans of all applicants who propose any Jam L 1999, c 356, �81 StruiCtuTt, activity, Of facility that would be prohibited without a variance pursuant to this part. The department may require that the plans be Revision Note supplemented by accurately mapped data and photographs showing nat- ural conditions and topography relating to all existing and proposed Only the subsection amended is compiled in this Supplement. structures and activities. [L 1986, c 258, pt of �1; am L 1989, c 356, �111 �205A-32 Penalties. (a) Any person who violates any provision of part If [�205A.43.51 Powers and duties of the authority. (a) Prior to action on or part III shall be liable for a civil fine not to exceed $10,000. a variance application, the authority shall hold a public hearing under chapter 91. (b) In addition to any other pcnglties, any person who is violating any By adoption of rules under chapter 91, the authority may delegate responsibility to provision of part 11 or part III shall be liable for a civil fine not to exceed $1,000 the department. Public and private notice, including reasonable notice to abutting a day for cacti day in which such violation persists. property owners and persons who have requested this notice, shall be provided, (c) Any civil fine provided under this section may be imposed by the circuit but a public hearing may be waived prior to action on a variance application for: Court or may be imposed by the department after an opportunity for a hearing under (1) Stabilization of shoreline erosion by the moving of sand entirely on chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine public lands; or other injunctive reliefordercd by (tic circuit court. (L 1975, c 176, pt of�l; am (2) Protection of a legal structure.costing more than $20,000; provided the L 1989, c 365, �91 structure is at risk of immediate damage from shoreline erosion; 88 89 [email protected] Mille no - M M M _M an M M "OAS?A"ZONMNAC",-,NT W-46 .ANNING AND ECONOMIC DEWELOPME.NT (3) Other Ntruciures or activities; provided that no person or agency has (5) They are minor structures permitted Linder rules adopted by the deparl- re(Iticsted it public hearing within twenty-five calendar days after public nient which do not affect beach processes or artificially fix the shoreline notice of the application; or and do not interfere with public access or public views to and alonp- the (4) Maintenance, repair, reconstruction, and minor additions or alterations shoreline; or of legal boating, maritime, (6) Work being done co or watersports recreational facilities, which minor additions or altnesriasitisonost" omfaliengtacinbanocatei,ngrepnaiiarr,itriemcconstrruwcitilorns.poarnids result in little or no interference with natural shoreline processes. , and which result in (b) The authority shall either act on variance applications or, by adoption recreational facilities, which ire publicly owned of rUICS under chapter 91, delegate the responsibility to tile depariment. IL 1989, little or no interference with natural shoreline processes; c 356, pt of � I I provided that. permitted structures may be repaired, but shall not be enlarged within riance. I L 1986, c 258, pt of � 1; am L ! 988, c 375, the shoreline area without a va 1�20-SA-41.6) r,,nforceiiientofstiorelinesetbicks. (a)Thedepanmentor � 1; am L 1989, c 356, � 121 an agency designated by department rules shall enforce this part and rules adopted Revision Note pursuant to this part. Any structure.or activity prohibited by section 20SA-44, that Act" and "thc effective date of this section". has not received a variance pursuant to this part or complied with conditions on a "Junc 16, 1989" substituted for "thc effective date of this variance, shal I be removed or corrected. No other state or county permit or approval shall be construed as a vafiancc pursuant to this part. Cross References (b) Where [tic shoreline is affected by a manmade structure that has not been authorized with government agency permits required by law, if any part of the Mining or taking of sand, ctc., scc �171-58.5. structure is on private property, then for purposes of enforcement of this part, the ounty. . The several structure shall be construed to be entirely within the shoreline area. �205A.45 Shoreline setback lines established by c (c) The authority of the board of land and natural resources to determine the counties through rules adopted pursuant to chapter 91 or ordinance may require shoreline and enforce rules established under section 183-41 shall not be diminished that shoreline setback lines be established at distances greater than that established by a manmadc structure in violation of this part. [L 1989, c 356, pt of �1] in this part. ant to chapter 9 1 or (b) The several counties through rules adopted pursu �205A-44 Prohibitions. (a) The mining or taking of sand, dead coral or ordinance may expand the shoreline area to include the area between mean sea coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area level and the shoreline. [L 1986, c 258, pt of �1; am L 1989, c 356, �131 is prohibited with (lie following exceptions: �205A.46 Variances. (a) A variance may be granted for a structure or (1) Tile taking from tile shoreline area of the materials, not in excess of one writing, based on gallon per person per day, for reasonable, personal, noncommercial use, activity otherwise prohibited by this pan if the authority finds in provided that stricter provisions may be established by the counties; the record presented, that the proposed structure or activity is necessary for or (2) Where (lie mining or taking is authorized by a variance pursuant to this ancillary to: ultivation of crops; part; (1) C (3) The clearing of the materials from existing drainage pipes and canals (2) Aquaculture; vided that the authority finds that the proposed structure and from the mouths of streams including clearing for the purposes under (3) Landscaping'. pro section 46-111.5-, provided (hat the sand removed shall be placed on or activity will not adversely affect beach processes and will not arli- adjacent areas unless such placement would result in significant turbidity; ficially fix the shoreline-, or (4) Drainage; s recreational facilities-, (4) The cleaning of the shoreline area for state or county maintenance pur- (5) Boating, maritime, or water sport tic utilities regulated poses, including the clearing for purposes under section 46-12; provided (6) Facilities or improvements by public agencies or pub (hat the sand removed shall be placed on adjacent areas unless the under chapter 269; (7) Private facilities or improvements that are clearly in the public interest; placement would result in significant turbidity. (9) Private facilities or improvements which will neither adversely affect (h) Except as provided in this section, structures are prohibited in the shore- line a rea without a variance pursuant to this part. Structures in the shoreline area beach processes nor artificially fix the shoreline; provided that the au- shall thority also rinds that hardship will result to the applicant if the facilities not need a variance if: or improvements are not allowed within the shoreline area-, (1) They were completed prior to June 22, 1970; (9) Private facilities or improvements that may artificially fix the shoreline: (2) They received either a building permit, board approval, or shoreline provided that the authority also rinds that shoreline erosion is likely to setback variance prior to the June 16, 1989; (3) They ire outside the shoreline area when they receive either a building cause hardship to the applicant if the facilities or improvements are not permit or board approval-, allowed within the shoreline area; provided further that the authority (4) They arc necessary for or ancillary to continuation of existing agriculture imposes conditions to prohibit any structure seaward of the existing or aquaculture in the shoreline area on June 16, 1989; shoreline unless it is clearly in the public interest; or 91 90 205A-46 PLANNIM; AND E.CONOMIC DEIVELOPMENT (10) Moving ofsand from one location seaward of (he shoreline to another location seaward of the shoreline; provided that the authority also finds that moving of sand will not adversely affect beach processes, will not diminish the size of a public beach, and will be necessary to stabilize -in croding shoreline, (b) Hardship shall be defined in rules adopted by the authority under chapter 91. Hardship shall not be detenilincd as a result of county zoning changes, planned development permits, cluster permits, or subdivision approvals after June 16, 1989, or as a result of any other permit or approval listed in rules adopted by the authority. (c) No variance shall be granted unless appropriate conditions are imposed: (1) To maintain safe lateral access to and along the shoreline or adequately compensate for its loss; (2) To minimize risk of adverse impacts on beach processes; (3) To minimize risk of structures failing and becoming loose rocks or rubble on public property; and (4) To minimize adverse impacts on public views to, from, and along the shoreline. I L 1986, c 258, pt of �1; am L 1989, c 356, �141 Note For variances and pernaits granted before May 29, 1986, see L 1986, c 258. �5. Revision Note In subsection (a)(6), "chapter" substituted for ".section". In subsection (b), "June 16, 1989" substituted for "the effective date of this Act". �205A-47 REPEALED. L 1989, c 356, �16. �205A-48 Conflict of other laws. In case of a conflict between (tie re- quirenicnts of any other state law or county ordinance regarding shoreline setback lines, the more restrictive requirements shall apply in furiliefing the purposes of this part. Nothing contained in this part shall be construed to diminish thejurisdiction of the state department of transportation over wharves, airports, docks, piers, small boat, or other harbors, and any other maritime or water sports recreational facilities (o be constructed on state land by the State; provided that such plans are submitted for the review and inforn)ation of the officer of the respective agency charged with the administration of the county zoning laws, and found not to conflict with any county ordinances, zoning laws, and building code. [L 1986, c 258, pt of � I I �205A-49 Adoption of rules. Each agency charged with carrying out this part shall adopt rules necessary to implement or comply with this party by July 1. 1990. All rules shall be adopted under chapter 9 1. [L 1986, c 258, pt of � 1; am L 1989, c 356, � 151 92 I I I I I I I I I I I Appendix B I H-PASS Input Forms and Pertinent Documentation I I I I I I I I Hawaii Coastal Zone Management J@Fjogram Monitoring Log DATE- DATE DUE: DEADLINE: TO: 1 3 4 S 6 FROM: PERMIT TYPE: EIA Neg. Dec. Prep. Notice DEIS FEIS Other Fed. Con. A-9S LUDBA CDUA NPDES CCSMA MCSMA HCSMA KCSMA ACTION REQUIRED: Note and File Reply Other Review and Comment Take Appropriate Action ----------------------------------------------------- ---------------------------------- TW (first): County: 1-Hon Z=Maui 3=Hawaii 4=Kauai APPLICANT: - --- if not a firm or organization (30) last name only PROJECT TITLE/DESCRIPTION: (50) PREVIOUSLY REVIEWED: Staff: Date: File: ACTION TAKEN: Response Prepared Comments No Comments Approved Approved with Conditions Checklist FC Screens File Memo Objection REVIEWED BY: Date: Xicro - Field Verification: FILED: Ca44F-NTS: (50) CPEO MONITORING CHECKLIST 10/19/81 DPMON REC ID: 8 Permit Type: 201=LUDBA 217=CDUA 222=EIS 306=CCSMA 406=HCSMA 506=KCSMA 606=MCSMA Permit I.D.: - - - - - - - - - - (From H-PASS, if available) Agency I.D.: - - - - - - - - - - (Agency's File Number) Project Title: Applicant Name: - - - - - - - - - - - - - - - - - - - - - - Applicant Type: [1=State 2--County 3=Private 4=0ther] Landowner Type: [I=Fed 2=State 3=County 4=HawnHomes 5=Priv 6=Mixed] County: [1=Honolulu 2=Maui 3=Hawail 4=Kauail TMKs: - - - - - - - - - Additional TMKs: Abuts Shoreline: [I=Yes] Proposed Activity: CCodebook] Estimated Cost: Project Size: Unit: El=Sq Ft 2=Acres 3=Ln Ft 4=Miles] Project Description: (include no. of units, bldgs, height, locality) ---------------------------------------- ---------------------------------------- I ---------------------------------------- ---------------------------------------- State Land Use: [I=Urban 2--Rural 3=Agric 4=Cons) General Plan: [Codebook] Zoning: (Cadebook3 Existing Use: Surrounding Use: Application Status: 11=Pending 2=Approved 3=Denied 4=Withdrawn 5=Null/Void 6=Exempt 7=Contested 8=Appealed] OATES: Filing; Public Hearing: Decision: Contested: i ncy Assessment of Impacts: (H-PASS) reational: Historic: I nic/Open: Ecosystem:_ C St Hazards: Economic: IMPACT ADVERSE CONDITION MITIGATION NET TOTAL COMMENTS 7=7z- U=FU-- 73v-e r s e (if neT-,--e-xP7a-in) CCodebk] I=Maybe [Codebook] I=Maybe minus 2=Yes 2=Yes Mitigation R1 R R1 H SCE ESY 4 ESY Ej HAz H TOTALS: RECREATION: HISTORIC: SCENIC: If ECOSYSTEMS: HAZARDS: ECONOMIC: RESOURCES: Cler Permits and Approvals Required: Date(Reviewed: Reviewer: - - - 1/19/83 DPFED FEDERAL CONSISTENCY REVIEW PROCESS SCREEN 1 FILE ID: PROJECT TITLE: - - - - - - - - - - STATUS- 1=Incompl 2=Pending 3=W/D 4=Concur 5=Concur w/c 6=Object 7=Appeal DATES: RECEIVED: --/--/-- ACCEPTED: --/--/-- PUBLIC NOTICE:--/--/-- DECISION: --/--/-- CONSISTENCY CATEGORY: 1=Activity 2=Permit 3=OCS 4=Grant Areawide Clearinghouse No.: APPLICANT'S STATEMENT: 1=Consistency 2=Inconsistency 3=General Consist 4=Negative Det. 5=Excluded Lands APPLICANT NAME: AGENT'S NAME: MAJOR LANDOWNER: TYPE OF APPLICANT: 1=State 2=County 3=Private 4=Other TYPE OF LANDOWNER: 1=Federal 2=State 3=Hawn Homes 4=County 5=Pvt 6=Ceded FEDERAL AGENCY: PROPOSED ACTIVITY: DESCRIPTION: PARCEL SIZE: --, ---. - -PROJECT SIZE:--,---.-- 1=Sq. Feet 2=Acres to nearest .01 3=Linear Ft 4=Linear Miles DPFED FEDERAL CONSISTENCY REVIEW PROCESS SCREEN 2 COUNTY: 1=@bn 2=Nlau i3= Fhwa i i 4= Kaua iPARCEL ABUTS SK)RELINE: 1= Ye s TN,fKs Additional TIMKs: STATE LAND USE DIST.: 1=i,-rban 2=Rural 3=Qms 4=Ag EXISTING LAND USE: SURROUNDING LAND USE: OTHER PFIZNIITS REQUIRED: . . . . . . . . . . . . AGENCY REFERRALS/CLA@ENTS: I=Goncur 2=Gomments 3=Objection 4=Cond. Requested CZM INTACTS: RECREATIONAL: HISTORIC: SCENIC/OPEN: ECOSYSTEM: COAST HAZARDS: ECONONIIC: CONDITIONS:1 -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOLLOWUP: / / 2---------------------------------------- 3-- - / -- / -- --------------------------------- 4---------------------------------------- REVIEWER: REVIEW DATE: C01MMENTS: -------------------------------------- ------------------------ IMPACT ADVERSE CONDITION 14TIGATION NET TOTAL COMME NTS O=No 0='NO Adverse (If net, explain) (Godebk 1 = Me y b e (Godebook] 1=%ybe Ndnus REC 2=Yes 2=Yes Mitigation I REC REC H IS HIS H IS SCE SCE SCE ESY ESY ESY E c'N4 E HAZ HAZ HAZ I., I IVI .I I I DPED/CZM MONITORING SYSThM (DPMON) FEDERAL CONSISTENCY (DPFED) I CODEBOOKS I Revised June 29, 1982 I I I I I I.. I 4 I I I I I I 101 = FEDERAL EIS I. pomIT TYPE 345 = A-9S PERMIT 102 = FEDERAL DEIS 3SO = GRADING PERMIT 103 = FEDERAL FEIS 351 = GRUBBING PERMIT 104 = FEDERAL EIA 352 = STOCKPILING MT 355 = WATER DISCHARGE 110 = DEPT. OF ARMY PEP 120 = AIRSPACE 356 = WASTE)NATER DISCHARGE 121 = AIRPORTS 357 = DRAINAGE PERMIT 122 = AIRPORTS QUASI-PUBLIC 360 = SEWER PERMIT 140 = MARINE SAN CTU ARIES 361 = SEWER EXTENSION 150 = HISTORIC SITES 362 = NEW SEWER SYSTEMS 160 = STORAGE TANK 370 = WELLS 170 = BRIDGES 371 = WATER SYSTEM 171 = AIDS TO NAVIGATION 375 = BUILDING PERMIT 201 = LUC DISTRICT CHANGE 376 = BUILDING VARIANCE ZOZ = SPECIAL USE PEMM 400 = HC SUBDIVISION 205 = AIRPORTS 401 = AGRICULTURAL USE 206 = AIRPORT HAZARDS 405 = SHORELINE SETBACK 210 = SHORE AND SHOREWATER 406 = HC SMA USE PERMIT 211 = BOAT MOORING 410 = PLAN APPROVAL 212 = PLACENENT OF BUOYS 420 = KAILUA VILL SPC DIST 213 = SALVAGE 430 = HC GENERAL PLAN 214 = DUMPING OF MATERIAL 435 = ZONING CHANGE 21S = STATE HIGHWAYS 436 = ZONING VARIANCE 217 = CDUA PERMIT 440 = PLANNED DEVELOPMENT 222 = STATE EIS 441 = PLAN U DEVELOPMENT 223 = NEGATIVE DECLARATION 442 = CLUSTER DEVELOPMENT 224 = PREPARATION NOTICE 443 = MOBILE HOME PARK 22S = ENV. ASSESSMENT 44S = SUBDIVISION VARIANCE 230 = STRIP MINING 447 = SPECIAL USE PERMIT 231 = EXPLORATION PER]MIT 448 = SPECIAL PERMIT 232 = GEOTHERMAL DRILLING 450 = GRADING PERMIT 233 = NARS, PERMIT 451 = GRUBBING PERMIT 234 = GROUNDWATER USE 452 = STOCKPILING PERMIT 235 = GROUNDWATER SUPPLY .460 = SEWER CONNECTION 236 = HISTORIC PROPERTY 475 = BUILDING PERMIT 237 = FISHING PERMIT 245 = AIR POLLUTION SOURCE SOO = Kc SUBDIVISION PERMIT 246 = AGRICULTURE BURNING 501 = AGRIC. USE AGREEMENT 250 = DRINKING WrIER 505 = SHORELINE SETBACK 251 = ZONE OF MIXING 506 = KC SMA USE PERMIT 254 = NOISE 510 = SPECIAL USE FMTIT 255 = SEWAGE SYSTEMS 530 = KC GENERAL PLAN 256 = NPDES PERMIT 535 = ZONING CHANGE 257 = SOLID WASTE DISPOSAL 536 = ZONING VARIANCE 265 = POLLUTION VARIANCE S40 = CONDITIONAL USE PERM 270 = A-95 CLEARINGHOUSE 542 = AGRIC PARK SUBDVSION 271 = FEDERAL CONSISTENCY S44 = PRGJ DEV USE PERMIT 280 = PESTICIDES 550 = GRADING PERMIT 300 = C&C SUBDIVISION @K == Fg-MIEWMIT 301 = PLANNED DEVELOPMENT S60 = SEWER CONNECTION 302 = CLUSTER 561 = COUNTY ROADS PERMIT 30S = SHORELINE SETBACK 57S = BUILDING PERMIT 306 = C&C SMA USE PERMIT S10 = AllFRQPRIki'hNE5'S- 605 = MC SHORELINE SETBACK 311 = DEVELOPMENT UNITY 606 = MC SMA USE PERMIT 312 = SITE DEVELOPMENT 610 = SPECIAL USE P=1 T 320 = SPECIAL USE PERM@IT 630 = MC GENERAL PLAN 321 = CONDITIONAL USE 63S = ZONING CHANGE 322 = SPECIAL PEP14T 650 = GRADING PERMIT 32S = FLOOD HAZARD 651 = GRUBBING PERMIT 326 = FLOOD HAZARD 6S2 = STOCKPILING PERMIT 33S = CHANGE OF ZONE 660 = SEWER CONNECTION 7 '1 It - -'?r%WlTlktr IrAnTAMrT: f In - CfMl'lTirTCTf)Kl Dr-OMTr II. PROPOSED ACTIVITIES 01 AGRICULTURE ZO INDUSTRIAL-HEAVY 02 AIR TRANSPORTATION 21 LAND SUBDIVISION 03 AQUACULTIM 22 LAND TRANSPORTATION 04 BASEYARDS 23 MARINE RESOURCES OS COMMERCIAL 24 PARKING FACILITIES 06 COMNUNICATIONS 2S POLICE/FIRE FACILITY 07 DEFENSE OPERATIONS 26 PUBLIC INSTITUTIONS 08 DREDGE DISPOSAL 27 RECREATION FACILITY 09 EDUCATIONAL FACILITY 28 RESEARCH 10 ENERGY DEVELOPMENT 29 RESIDENTIAL,SINGLE-F 11 EXCAVATION/MINING 30 RESIDENTIAL, MULTI -F 12 FLOOD CONTROL/DRAIN .31 SHORELINE MANAGB04T 13 FORESTRY 32 SOLID WASTE DISPOSAL 14 GRADING/FILLING 33 WASTEWATER MANAGBINT 15 HAZARDOUS WASTE MGT 34 WATER SUPPLY 16 HEALTH FACILITIES 35 WATER TRANSPORTATION 17 HISTORIC RESTORATION 36 WILDLIFE MANAGB4ENT 18 HOTELS/RESORTS 37 UTILITIES 19 INDUSTRIAL-LIGHT 99 OTHER *3S 2@ WAVG I I I. CITY AND COUNFY OF HONOLULU IV. KAUAI GENERAL PLAN AND ZONING GENERAL PLAN AND ZONING General Plan General Plan 01 SF Residential 01 Agriculture 02 MF Residential 02 Residential 03 Resort 03 Apartment 04 Commercial 04 Resort 05 Project District 05 Commercial 06 Industrial 06 Industrial 07 Public 07 Parks & Rec 08 Park 08 Pub Housing 09 Agriculture 09 Military 10 Military 10 Cemetary 11 Open 11 Preserv 12 Pub Faciltes 13 Highway Zoning 01 SF Residential Zoning 02 MF Residential 03 Neeigh Commercial 01 P-1 04 Gen. Industrial 02 AG-1 05 Limited Industrial 03 AG-2 06 General Industrial 04 R-1 07 Open 05 R-2 08 Agriculture 06 R-3 09 Special Treatment 07 R-4 10 Construction 08 R-5 09 R-6 10 R-7 11 A-1 12 A-2 13 A-3 14 A-4 15 A-5 16 H-1 17 H-2 18 B-1 19 B-2 20 B-3 21 B-4 22 B-5 23 1-1 24 1-2 25 1-3 26 PD-H 27 SDD 28 Other V. MAUI COUNTY GENERAL PLAN AND ZONING Lahaina District Hana 01 Residential 01 Residential 02 Dupldx 02 Duplex 03 Apartment 03 Apartment 04 Commercial 10 Hotel OS Resort Commercial 17 Business 07 Industrial (Heavy) 18 Industrial 08 Industrial (light) 33 Special Permit Industry 09 Public 34 Airport, Road, Breakwater 10 Hotel 20 Public Use 11 Park 11 Park 12 Historic District Zl Drainage 13 Agricultural 35 Golf Course 14 Open 36 Open Area 15 Airport 37 Pedestrian Mall 16 Other 24 Planting Buffer 38 Trail Kihei 39 Agriculture 01 Residential 02 Apartment Paia 10 Hotel 01 Residential 17 Business 02 Duplex 05 Resort Commercial 03 Apartment 18 Industrial 10 Hotel 13 Agricultural 17 Business 19 Rural 08 Light Industrial 20 Public Use 07 Heavy Industrial 11 Park 15 Airport 21 Drainage 39 Agriculture 22 Existing Street 19 Rural 23 Proposed Street 40 Civic Improvement District Z4 Planting Buffer 41 Special Housing 2S Beach right-of-way, Golf course, 20 Public Use Open zone 11 Park 16 Other 21 Drainage 42 Streets Wailuku 26 Residential, Multi-Family 27 Residential, Single Family LANAI 04 Commercial a. Lanai City 10 Hotel 43 Suburban Residential 28 Public/Quasi-public 27 Single Family Residential 07 Light Industrial 44 Multiple Residential 07 Heavy Industrial 04 Commercial 13 Agricultural 4S Public/Semi-Public Use 29 Open Space 18 Industrial 11 Park 46 Parking 30 Project District 11 Park 31 Airport District 47 Wooded Area 32 Proposed Road 48 Parkway & Planting Strip 12 Historic District 49 Equestrian Trails 16 Other MAUI ZONING b. Lanai Island 01 Sing. Family Res. 39 Agriculture 02 Mult. Family Res. 50 Conservation/Game Reserve 03 Hotel 51 Forest 04 Neighborhood Business 11 Park 05 Community Business 52 Pasture 06 Central Business District 53 Diversified Agriculture 07 Resort Commercial 54 Plantation Agriculture 08 Light Industrial 55 Agricultural Residential 09 Heavy Industrial S6 Rural Residential 10 Airport District 57 Urban 11 Agricultural District S8 Resort 12 Planned Development 59 Harbor 13 Project District 15 Airport 14 Historic District 15 Not Zoned Molokai 16 County Interim District 01 7e--s-idential 17 Napili Bay Civic Imp Dist 03 Apartment 10 Hotel 17 Business VI. HAWAII COUNTf GENERAL PLAN AND 08 Light Industrial ZONING 07 Heavy Industrial 4S Public/Semi-Public Use General Plan 39 Agriculture 24 Rural 01 High Density Urban 11 Park 02 Medium Density Urban 29 Open Space 03 Low Density Urban 60 Military 04 Industrial 61 Flood Plain 05 Agricultural 62 Planting Strip 06 Open/Conservation 42 Streets 07 Resort 08 Alternate Urban Expansion Makawai-Pukalani-Kula 09 University Use. 63 Country Town 64 Prime Diversified Agriculture Zoning 65 General Agriculture 01 Single Family Residential 04 Commercial 02 Multiple Family Residential 66 Retreat Resort 03 Residential Agricultural 20 Public Use 04 Agricultural 11 Park 05 Unplanned 06 Resort 07 Commercial 08 Industrial 09 Open/Forest Reserve 10 Safety 11 Intensive Agricult. 12 Other VIII. CONDITIONS Recreational Resources 48 = Ensure adequate erosion controls 01 = Dedicate park or recreation 49 = Impose grading conformance facility requirements 02 = Dedicate open space 50 = Alter or deny proposed dredge or 03 = Improve existing facilities fill activities 04 = Provide shoreline access 51 = Alter or deny construction in 05 = Improve pedestrian access to shorewaters shoreline 52 = Alter or deny stream, marsh, 06 = Provide vehicular access.to wetlands, or shoreline shoreline modification 07 = Provide public parkin facilities 53 = Alter or deny development in 08 = Provide public shower@restroom shoreline setback area facilities 54 = Alter or deny activity impacting 18 = Other: endangered species habitat. 19 = Other: SS = Mitigate temporary construction impacts Historic Resources 56 = Require shoreline survey ZU = Stop work, inform SHPO or PD if 60 = Grading shall not alter natural sites found drainage pattern 21 = Perform archaeological survey 61 = No adverse affect on downstream 22 = Perform intense archaeological properties survey 62 = Submit drainage/erosion control 23 = Salvage historic resources plan for approval 24 = Preserve historic resources on 73 = Other: site 74 = Other: 25 = Map valuable features for future reference Economic Uses 26 = Alter or deny proposed development 79 = 0 r: 27 = Have archaeologist present during 79 = Other: excavation 28 = Other: Coastal Hazards 29 = Other: 80 = Alte-r-=rainage system 81 = Alter or prohibit activity to Scenic and Open S2ace prevent erosion 30 = Alter building bulk (height, 82 = Certify flood depth or tsunami width, depth) run-up 31 = Require visual/aesthetic design 83 = Require first habitable floor modifications above 100-year flood/tsunami line 32 = Require shoreline setback beyond 84 = Require flood-proofing of requirements structures 33 = Alter design or location of 8S = Conform with FIRMs/regulations infrastructures 86 = Require flowage easement for flood 34 = Require site landscaping 88 = Other: 35 = Minimize alteration of 89 = Other: landforms/vegetation 36 = Require approval of Nbnaging Develo ent design/landscaping plan 90 = Certify new or replacement water 43 = Other: sources 44 = Other: 91 = Dedicate new infrastructure 92 = Improve existing infrastructure Coastal Ecosystems 93 = Require approval of other 4S = Require DOH/County approval of departments sewer system 94 = Comply w/ other 46 = Alter sewage disposal system ordinances/requirements 47 = Ensure adequate drainage controls 97 = Other: 98 = Other: 99 = Other nonZZM conditions imposed I VI 1. POTENTIAL CZM IMPACTS RECREATIONAL RESOURCES COASTAL ECOSYSTEMS 01 INVOLVES PUBLIC R-O-W 01 DREDGE OR FILL INVOLVED 02 ABUTS PUBLIC R-O-W 02 SETBACK VARIANCE REQD 03 ABUTS SHORELINE 03 EFFLUENT TO BE DISCHARGED 04 ABUTS STATE PARK 04 EXTENSIVE GRADING INVOLVI) 05 ABUTS COUNTY PARK OS WASTE TRFA14ENT FACILITY 06 ABUTS PERENNIAL STREAM 06 INTERMITTENT STREAM 07 REC USE COUNTY GEN PLAN 07 ABUTS INTERMITTENT STREAM 08 REC USE COUNTY DEV PLAN 08 PERRENIAL STREAM ON SITE 20 IN/ABUTS SURF SITE 09 ABUTS PERlUNIAL STREAM 21 POPULAR FISHING GROUND 10 ENDANGERED SPECIES SITE 22 REC. BOATING AREA 11 ENDANGERED SPECIES NEARBY 30 SCORP EXISTING 12 WETLAND AREA. 31 SCORP PROPOSED 13 ABUTS WETLAND AREA 3Z SURF SITE 14 NATURAL AREA RESERVE 33 SANDY BEACH 15 MARINE LIFE CONS DIST 90 OTHER REC USE 16 ESTUARINE SANCTUARY SITE 20 INABUTS CORAL REEF HISTORIC RESOURCES 21 CONST INION WATER/BEACH 22 CONST/DREDGING OFF BEACH 101 HISTORIC/CULTURAL DIST 23 OFFSHORE SANCTUARY 02 SITE LISTED ON HI REGISTR l 03 SITE LISTED IN NATL REGTR ECONOMIC USES o"j4NOMINATED TO HI REGISTER 05 NOMINATED TO NATL REGISTR 01 HARBOR OR PORT 06 UNDEVELOPD/U@ISURVED LAND 02 DESIGNATED RESORT AREA 0 SITES DISCOVERED 03 USES AGRICULTURAL LAND tl SIGNIFICANT SITE (DLNR) 04 SEAFOOD PRODUCTION 32 SURVEYED, SITES FOUND 05 ENERGY PRODUCTION 3 HAWAIIAN FISHPOND 06 SEABED MINING 4 HIST SETnEMENT AREA 30 FISHERIES -$CENIC AND OPEN SPACE RESOURCES COASTAL HAZARDS 11 ABUTS SCENIC LANDMARK 01 SANDY BEACH ON OR ABUTS 02 MULTI-STORY CONSTRUCTION 02 TSUNAMI INUNDATION AREA ABUTS UNDEVELOPED PARCELS 03 FLOOD INUNIDATION AREA BLOCKS VIEW TO SHORELINE 04 SUBSIDENCE HAZARD AREA fo CONST. INION WATER/BEACH 30 HIGH SURF 31 SAND DUNES AGENCY CODES (PARTIAL LIST FOR F=N@ 500 F-Air Force 170 S-DOA 505 F - ArTay 250 S-DOH S08 F-Corps of Eng 2S5 S-DOH-ENV 515 F-Coast Guard 265 S-DOH-OrQC 520 F-Na\,v 281 S-DLNR 5 1 ? 530 F-DOT-FAA 328 S-DPED-Land Use 532 F-DOIT-Highways 331 S-DPED-Econ Dev 540 F-DOI-FWS 340 S-DPED Energy B 4 '1 F-DOIL-HCRS 346 S-MAC 5 4 4 F-DOI-Parl:s 380 S-DOT A ---t6 F-DOI-USGS -585 S-DOT-Air S52 F - XaA - SC S 390 S-DOT-Land 560 F - DOC - NOkk 395 S-DOT-Water 565 F - DOC - FEMA 447 UM-Emv CtT F-HLM 582 F - EPA 620 K-Plaming I)e-PL 587 F-rOE 630 K-Public Works 640 K-WateT Supply 720 O-DLU 730 O-DGP 820 H-Plarm:Lng Dept 830 H-P)jblic Mrks 740 O-Public Works 745 O-Parks & Rec 8410 H-Parks & Rec 755 O-Water Supply 850 H-Water Supply 930 M-Planning Dept 780 O-Trans Svcs 940 M-Public Works 945 M-Land Use/Codes 950 M-W-3-ter Supply Report: 9/24/85 H-PASS TABLE DISPLAY UTILITY HAWAII PERMIT APPLICATION AND SUPPORT SYSTEM Table: HPSYST82 Table Name: 2-DIGIT GLU C ode Description 00 = *UNSPECIFIED* 01 = SINGLE FAMILY RES. 02 = DUPLEX - RESIDENTIAL 03 = MULTI-FAMILY RES. 04 = MISCELLANEOUS RES. 10 = MANUFAC. DURABLE GOODS 15 = MANUFAC. NON-DURABLE GOOD 20 = INDUST. CONSTRUCTION 21 = INDUST. UTILITIES 30 = RETAIL TRADE 35 = WHOLESALE TRADE 40 = CONSUMER SERVICES 41 = PROFESSIONAL SERVICES 42 = GOVERNMENTAL SERVICES 43 = BUSINESS SERVICES 44 = HEALTH & WELFARE SERVICES 50 = PERSONAL DEVELOPMENT 6O = RECREATION - PUBLIC 65 = RECREATION - PRIVATE 70 = AGRICULTURE 71 = MINING AND QUARRY 72 = FORESTRY 73 = FISH & HUNT & TRAPPING 80 = TRANSPORTATION 90 = DEVELOPABLE OPEN SPACE 91 = UNSUBDIVIDED VACANT LAND 92 = AREA BEING DEVELOPED 93 = UNDEVELOPABLE OPEN SPACE 94 = STREET AREA 98 = OTHER 99 = ESTAB. ACTIVITY UNKNOWN Date of Report: 11/14/86 P. 1 H-PASS TABLE DISPLAY UTILITY HAWAII PERMIT APPLICATON AND SUPPORT SYSTEM Table: HPSYST82 Table Name: LEVEL OF GOVERNMENT Code Description 000 = *UNSPECIFIED* 100 = S-GOVERNOR 102 = S-COV-ACC 103 = S-GOV-CONS PROT 105 = S-COV-DEO 107 = S-GOV CHCI 109 = S-GOV-CPHF 120 = S-LT GOV 124 = S-HI CZM PROGRAM 130 = S-LEGISLATURE 131 = S-LEG-AUDITOR 132 = S-LEG-LRB 133 = S-LEG-HRB 134 = S-LEG-OMBUDSMN 138 = S-LEG-ETHICS 150 = S-JUDICIARY 152 = S-JUD-SUPREME 154 = S-JUD-CIRCUIT 156 = S-JUD-FAMILY 158 = S-JUD-DISTRICT 160 = S-DAGS 165 = S-DAGS-PH 170 = S-DOA 171 = S-BDA 180 = S-AG 190 = S-BNF 193 = S-BNF-PLANNING 195 = S-BNF-EDPD 200 = S-BNF-HIMAG 202 = S-BNF-PUC 204 = S-BNF-STADIUM 206 = S-BFM-CULT/ARTS 208 = S-DNF-HIST/HUM 210 = S-DOD 215 = S-DOD-CD 220 = S-DOE 240 = S-DHHL 241 = S-HHC 250 = S-DOH 253 = S-DOH-SHPDA 255 = S-DOH-ENV 265 = S-DOH-DEGC 266 = S-DOH-EGC 270 = S-DLIR 280 = S-BLNR 281 = S-DLNR 283 = S-DLNR-PLANNING 284 = S-DLNR-NARS 285 = S-DNLR-HCRS 287 = S-DNLR-FISH/GAME Code Description 288 = S-DLNR-AR 290 = S-DLNR-ENFORCE 293 = S-DLNR-FORESTRY 294 = S-DLNR-NARSC 295 = S-DLNR-LAND MGT 298 = S-DLNR-ST PARKS 299 = S-DLNR-SHPO 301 = S-DLNR-DOWALD 310 = S-DPS 320 = S-DPED 323 = S-DPED-PLANING 328 = S-DPED-LAND USE 331 = S-DPED-ECON DEV 334 = S-DPED-READ 337 = S-DPED-FTZ 339 = S-DPED-ADP 340 = S-DPED-ENERGY 341 = S-DPED-CSPTA 342 = S-DPED-EPIS 343 = S-DPED-TOURISM 344 = S-LUC 346 = S-MAC 348 = S-HCDA 350 = S-DRA 360 = S-DSSH 365 = S-DSSH-HHA 370 = S-DTAX 380 = S-DOT 385 = S-DOT-AIR 390 = S-DOT-LAND 395 = S-DOT-WATER 430 = S-NIV-HAWAII 435 = UHM-TROP AC 437 = UHM-BOTANY 439 = UHM-UHCC 441 = UHM CRDG 443 = UHM-ENG 445 = UHM-ENC RES 447 = UHM-ENV CTR 449 = UHM-FACILITIES 451 = UHM-GEOGRAPHY 453 = UHM-GEOLOGY 455 = UHM-FISHERY 457 = UHM-HI GEOTHML 459 = UHM-GEOTML RES 461 = UHM-HIC 463 = UHM-MAR BIOLOGY 465 = UHM HNEI 467 = UHM-TSUNAMI CTR 469 = UHM-LAW OF SEA Code Description 471 = UHM-LOOK LAB 473 = UHM-MARINE OPT 475 = UHM-SEACOAST 477 = UHM-SEA GRANT 479 = UHM-TSUNAMI 481 = UHM-URPP 485 = UH-LEEWARD CC 486 = UH HONOLULU CC 487 = UH WINDWARD CC 488 = UH-KAPIOLANI CC 489 = UH-WEST OAHU 492 = UH-HILO 495 = UH-HAWAII CC 496 = UH-KAUAI CC 497 = UH-MAUI CC 500 = F-AIR FORCE 505 = F-ARMY 508 = F-CORPS OF ENG 515 = F-COAST GUARD 520 = F-NAVY 523 = F-MARINE CORPS 530 = F-DOT-FAA 532 = F-DOT HIGHWAYS 534 = F-DOT-NHTSA 536 = F-DOT-UMTA 540 = F-DOI-FW3 542 = F-DOI-HCRS 544 = F-DOI-PARKS 546 = F-DOI-USGB 550 = F-DOA-FARM HOME 552 = F-DOA-SCS 560 = F-DOC-NOAA 561 = F-NOAA-DCZM 562 = F-DOC-NMFS 565 = F-DOC-FEMA 567 = F-DOC-FZB 570 = F-STATE 575 = F-HUD 580 = F-NRC 582 = F-EPA 587 = F-DE 590 = F-WRC 599 = F-AS APPROPRIATE 601 = K-MAYOR 603 = K-OFC ECON DEV 610 = K-COUNCIL 615 = K-PLANNING COMM 620 = K-PLANNING DEPT 630 = K-PUBLIC WORKS 640 = K-WATER SUPPLY Date of Report: 11/14/86 Page 4 H-PASS TABLE DISPLAY UTILITY HAWAII PERMIT APPLICATION AND SUPPORT SYSTEM Table: HPSYST82 Table Name: LEVEL OF GOVERNMENT Code Description 650 = K-FIRE 655 = K-POLICE 700 = O-MAYOR 710 = O-CITY COUNCIL 715 = O-PLANNING COMM 717 = O-ZONING BD 720 = O-LAND UTIL 730 = O-GEN PLANNING 740 = O-PUBLIC WORKS 745 = O-PARK & REC 750 = O-BUILDING 755 = O-WATER SUPPLY 760 = O-HOUSING & CO 765 = O-HRA 767 = O-FIRE 770 = O-POLICE 775 = O-HUM RESOURCES 780 = O-TRANS SVCS 785 = O-FINANCE 800 = H-MAYOR 810 = H-COUNCIL 815 = H-PLANNING COMM 820 = H-PLANNING DEPT 830 = H-PUBLIC WORKS 831 = HILO ELECTRIC 840 = H-PARKS & REC 850 = H-WATER SUPPLY 855 = H-HELCO 860 = H-FIRE 865 = H-POLICE 867 = H-CIV DEFENSE 870 = H-RES & DEVEL 875 = H-HRA 880 = H-HOUSING 885 = H-KVSD 900 = M-MAYOR 903 = M-HISTORIC COMM 905 = M-PLANNING COMM 907 = M-MOLOKAI ADV 909 = M-LANAI ADV 911 = M-NAPILI IMPRV 913 = M-URBAN DESIGN 915 = M-ECON DEVEL 920 = M-COUNCIL 930 = M-PLANNING DEPT 940 = M-PUBLIC WORKS 945 = M-LAND USE/CODE 950 = M-WATER SUPPLY 955 = M-PARKS & REC 960 = M-FIRE Code Description 965 = M-POLICE 970 = M-HUMAN CONCERN 975 = M-CORP COUNSEL 980 = OTHER AGENCY 999 = NO AGENCY PERMIT CODES: 1=EIA 2=NEGDEC 3=PREP NOTICE 4=DEIS 5=FEIS 6=PE.CON 7= 8=LUDEA 9=CDUA 10=NPDES 15= REC-11 41 46 1694 1125 1037 1830 1065 721 61 66 685 771 827 82 845 116 448 1033 1122 847 1645 720 1613 1714 298 15 1834 444 821 833 929 1718 1744 1355 187 480 669 316 1815 1260 1168 1627 166 1020 1073 1618 1217 893 909 PROJECT TITLE AHUIMANU SF RESIDENCE & FARM AIEA BAY RECREATION AREA MASTER PLAN AIEA BAY STATE RECREATION AREA AIEA BAY STATE RECREATION AREA AIEA POST OFFICE LAND TRANSFER AINAKEA RESIDENTIAL COMPLEX ALA MOANA CANAL ALA MOANA CANAL DRAINAGE IMPROVEMENTS ALA MOANA BLVD. HTOEL/CONDO ALA MOANA SEWER RECONSTRUCTION ALA MOANA STORM DRAINAGE IMPROVEMENTS ALA WAI BOAT HARBOR IMPROVEMENTS ALA WAI BOAT TRANSPORTATION ALA WAI CANAL UTILITY LINES ALA WAI CANAL FLOATING DOCK IMPROVEMENTS ALA WAI CANAL WATERLINE ALA WAI FLOATING DOCKS ALA WAI LINE CROSSING ALA WAI MARGINAL WHARF ALAKEA-BISHOP STREETS SEWER RECONSTRUCTION ALAPAI STREET MUNICIPAL COMPLEX ALAWIKI STREET SEWER ALENAIO STREAM FLOOD CONTROL ALII LANDINGS ALII DRIVE REALIGNMENT ALOHA TOWER PLAZA DEVELOPMENT PLAN ANAEHOOMALU DREDGING AND FILLING ANAEHOOKALU DREDGE AND FILL ANAEHOOMALU DREDGE AND FILL ANAEHOOMALU BAY MOORINGS ANAHOLA SF RESIDENCE & ASSOC. USES ANAHOLA STREAM HYDRO DAM ANAPUKA-MANUKA: FARMS OF KAPUA-MULTI-AG PROJECT ANAPUKA-MANUKA-FARMS OF KAPUA APUA KAHAUALEA CALTECH 10METER TELESCOPE INSTAL. AWAKE'S INFRASTRUCTURE TRANSMISSION LINES AWAKE'E RESORT AWAKEE RESORT COMMUNITY AWAKEE RESORT BARBERS POINT LIGHT RED TRANS BARBERS POINT HARBOR DRYDOCK BARBERS POINT NAS MASTER PLAN BARBERS POINT HARBOR DRYDOCK BARKING SANDS MASTER PLAN BAYVIEW STREET RELIEF DRAIN BAYVIEW STREET RELIEF DRAIN APPLICANT TSK ASSOC JOHN MAGOON SR TRUST SOCN, THOMAS W. & PAULETTE S. DLNR, STATE OF HAWAII DLNR, STATE OF HAWAII DLNR U.S. POSTAL SERVICE OCEANIC PROPERTIES, INC. DPW DPW MEYERS, JACK E. DPW, CITY & COUNTY OF HONOLULU KAKAAKO COMM. DEV. AUTHORITY DOT, WATERTRANS FAC DIV. GUSS, GINO P. HAW ELECTRIC CO. INC. HAWAII YACHT CLUB PRINCESS KAIULANI HOTEL DP&R, CITY & COUNTY OF HONOLUL PRINCESS KAIULANI HOTEL HARBORS DIVISION, STATE DOT DPW, CITY AND COUNTY OF HONOLU BD, CITY & COUNTY OF HONOLULU C&C OF HON-DPW ARMY CORPS OF ENGINEERS GRAY HONG & ASSOC HAWAII CTY-DPW ALOHA TOWER DEVELOPMENT CORP. TRANSCONTINENTAL DEVELOPMENT CO TRANSCONTINENTAL DEV. CO. TRANSCONTINENTAL DEVEL. CO TRANSCONTINENTAL DEVEL. CO. DEPT OF HAWAIIAN HOME LANDS SUSSMAN, M. & BITTNER, E. HARDER, JOHN D FARMS OF KAPUA FARMS OF KAPUA LTD. CALIFORNIAINSTITUTE OF TECH. KAHALA CAPITAL CORP KAHALA CAPITAL CORP KAHALA CAPITAL CORP. KAHALA CAPITAL CORP. USCG, 14THDISTRICT MARISCO, LTD. U.S. DEPT OF THE NAVY MARISCO LTD. U.S. NAVY DPW, CITY & COUNTY OF HONOLULU DPW, CITY & COUNTY OF HONOLULU PERMIT 8 8 9 4 3 5 6 8 5 5 1 1 15 6 6 6 6 15 6 15 6 1 4 1 6 4 6 4 6 4 5 6 13 9 6 8 5 4 9 4 3 9 6 6 7 6 6 6 15 DECISION 05-16-81 02-20-81 07-06-88 07-03-86 03-12-86 03-02-89 04-25-86 08-31-84 10-08-80 09-22-80 08-06-84 02-08-85 05-24-85 02-28-79 10-17-85 01-17-80 06-24-83 03-10-86 07-08-86 06-19-85 04-22-88 08-17-84 04-11-86 07-27-88 05-15-82 08-06-81 00 00 00 06-23-83 09-95-85 05-16-85 10-24-85 09-07-88 09-16-88 04-30-87 05-20-81 07-25-83 03-16-84 06-07-82 01-30-89 12-26-86 08-29-86 04-14-88 05-14-80 02-11-86 05-16-86 03-30-88 11-12-86 08-28-85 08-28-85 STAFF ESM NN AP BO. JBY JON JBY ESM JBY JBY EKM BO BO JBY RF RF BO RF RF BO ESM JDN SM RF MAB JDN ESM RF RF RF JDN AP AP JBY EKM EKM STW DT AP RF AP JBY JBY JBY JON RF JB JBY E15 MONNUM 01914 01920 01921 01923 01925 01932 01934 01937 01939 01940 01944 01949 01950 01951 01953 01962 01970 01972 01974 01975 01979 PROJECT TITLE MALAENAMAN A GOLF COURSES ALAKEA/RIC MAROS PARKING LOT REDEVELOPMENT SCHOFIELD TRANSIENT LODGING FACILITY MALEIWA YOUTH SHELTER KANEOHE, WAIKALLA RESIDENTIAL CLUSTER DEVELOPMENT KANEOHE BAY VIEW GOLF COURSE EXPANSION CAMPBELL INDUS PARK CONCRETE PRODUCTS MANUFACTURE HAWAII ISLAND ADVANCED LAUNCH SYSTEM (ALS) KAILUA, WINDWARD PARK DRIVING RANGE KANEOHE BAY SEAWALLS KEAUHOU - AZABU KONA RESTOR MAKAPUU PT AQUACULTURE FACILITY QUEEN'S BEACH STOCKPILED MATERIALS HONOKCHAU INDUSTRIAL PARK WAAHILA 180 & 405 RESERVOIRS KAHULUI LIGHT DRAFT NAVIGATION IMPROVEMENTS ANAEHOOMAL UBAY MOORINGS SMITH BERETANIA PARKING LOT REDEVELOPMENT HEEIA KEA - MALULANI SPORTS COMPLEX KA'U COMMERCIAL ROCKET LAUNCH FAC WAIKIKI LANDMARK RES/COMM DEVELOPMENT APPLICANT KUILIMA RESORT COMPANY CEC OF HON - DHCD U.S. DEPT OF THE ARMY C&C OF HON - DMCD KEEN JUN ENTERPRISES, INC. PACIFIC ATLAS (HAWAII), INC. CON-FAB CORPORATION U.S. AIR FORCE & NASA WINDWARD PARK, INC. JOHNSON, VINCENT & RUSSELL AZABU USA CORPORATION OCEANIC INSTITUTE KAISER HAWAII KAI DEVELOP CC MCCLEAN, ROBERT S. C&C OF HON - BWS U.S. ARMY CORPS OF ENGINEERS WAIKOLDA DEVELOPMENT CO. C&C OF HON - DHCD NANATOMI HAWAII, INC. DAED & U.S. DOT BEL-LANDMARK, INC. ASSIGNED MONTH 07 07 07 07 07 07 07 07 07 07 07 08 08 08 08 09 09 09 09 09 09 YEAR 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 89 PERTYPE 05 03 01 01 02 03 02 03 01 01 03 03 01 03 05 05 03 03 03 03 05 FED CON MONNUM 01917 01931 01945 01954 01958 01961 01973 PROJECT TITLE MALAEKAHAI A STATE RECREATION AREA II KEAHOLE PT PIPELINES & PUMPS HALEIWA YOUTH SHELTER WAILUA RIVER (UPPER) HYDROELEC PLANT MAKAPLU LIGHTHOUSE RESTORATION KANEOHE PIER RESTORATION NATIONWIDE PERMIT KEEHI SUBSIDENCE RECONSTRUCTION APPLICANT DLMR OCEAN FARMS OF HAWAII ( 36-1) C&C OF HON - DHCD ISLAND POWER COMPANY, INC. DLMR KEEN JUN ENTERPRIES, INC. STATE DOD - HARBORS ASSIGNED MONTH 07 07 08 08 08 09 09 YEAR 89 89 89 89 89 89 89 PERTYPE 06 06 06 06 06 06 06 LUDBA MONNUM 01936 01947 01959 01963 01965 PROJECT TITLE WAIDLI VALLEY RESIDENTIAL & AG USES NORTH KONA - PUUMOHUA ESTATES RES COMMUNITY KOELE, LANAI GOLF COURSE EXPANSION KEAHUOLU URBAN CENTER EWA MARITIME INDUSTRIAL USES APPLICANT SOUAP, DOUGLASS & BROWN, COYCE MASEKO (HAWAII), INC. LANAI RESORT PARTNERS LILIUOKALANI TRUST CAMPBELL ESTATE ASSIGNED MONTH 07 08 08 09 09 YEAR 89 89 89 89 89 PERTYPE 08 08 08 08 08 M J N N UM P,"@jJ;Cl TITLE L 1 C T A 3 S : 1 y 7 H y 01924 A ; P A A Y, A , `!@LCKAI FILL (C02) .'ICL.ITI:-',N C7 55 15 0153-1 A @. 4 1 t D 1 N -, U L S V @ ! @;,; S C h 5 4 W A T -* R L 17 y 07 3 5 i s 0 1 C.6 i i 1. kU L S --C E PE AT I C N 11. 5T STAT@ @'CT H,4Rilr,@! 09 9 .5 REPORT DATE 08/17/89 FEDERAL CONSISTENCY ALPHABETICAL LISTING PAGE 1 FILE ID 66-019 79-002 85-039 79-036 86-046 88-019 82-010 89-008 88-025 81-008 83-028 86-004 80-045 86-070 81-066 85-050 88-020 88-003 87-029 86-036 84-025 84-065 86-014 82-034 85-014 81-067 86-034 85-047 87-048 82-028 86-018 84-026 87-039 88-011 80-016 84-041 82-026 87-037 85-034 86-065 87-076 81-004 87-033 81-027 85-065 80-020 86-011 85-010 83-041 89-006 PROJECT AIEA POST OFFICE LAND TRANSFER ALA WAI BOAT HARBOR IMPROVE ALA WAI BOAT TRANSPORTATION ALA WAI CANAL-UTILITY LINES ALA WAI FLOATING DOCKS ALA WAI MARGINAL WHARF ALENAID STREAM FLOOD CONTROL ALII DRIVE REALIGNMENT ANAEHOOMALU BAY MOORINGS ANAEHOOMALU DREDGING & FILLING ANAHOLA STREAM HYDRO DAM BARBERS POINT HARBOR CHANGES BARBERS POINT HARBOR DRYDOCK BARBERS PT LIGHT-FED TRANS BARKING SANDS MASTER PLAN BARKING SANDS-KAUAI BOAT RAMP BAYVIEW STREET RELIEF DRAIN BELL STONE CRITICAL AREA BELLOWS AFB BRIDGE REPLACEMENT BELLOWS AFB CELLULAR PHONE STN BELLOWS AFS COMMUNICATIONS IMP BELLOWS AFS EXCHANGE BELLOWS AFS EXPANSION BELLOWS AFS PARK IMPROVEMENT BELLOWS AFS TENNIS/SEPTIC TANK BELLOWS AFS TOWER REPLACEMENT BELLOWS AFS, BOAT LAUNCHING BISHOP POINT MOORING STRUCTURE CAPE KUMUKAHI PROPRTY DISPOSAL CHINATOWN GATEWAY PLAZA EWA BRINE WATER DISCHARGE PIPE EWA DEEP WATER ARTIFICIAL REEF EWA DRAIN MAINT & OUTLET REMOV FERN STREEET GROUP HOME FORT ARMSTRONG--MOTOR POOL FORT HASE BEACH FENCE REPLACMT FRENCH FRIGATE SHOALS--MOORING FT DERUSSY BEACH RESTORATION FT DERUSSY CLIMATE CONTROL SYS FT DERUSSY MULTIPURPOSE COURT FT SHAFTER/SCHOFIELD GUEST QUA FT. DERUSSY BEACH RESTORATION FT. DERUSSY MUSEUM FOYER FT. DERUSSY, KALANI ARMY RES. GREEN ISL. TRANSIENT QUARTERS HAAUULA,OAHU--REMOVE SEAWALL HAIKU POST OFFICE EXPANSION HAKALAU NAT'L WILDLIFE REFUGE HALAWA STREAM CHANNEL IMPVTS HALAWA STREAM MAINT DREDGING APPLICANT U.S. POSTAL SERVICE WATER TRANS FAC DIV, DCT GUSS, GINO P. HAWAIIAN ELECTRIC COMPANY, INC DPCR, CITY & COUNTY OF HONOLU STATE DOT - HARBORS DIV ARMY CORPS OF ENGINEERS HAWAII CTY - DPW TRANSCONTINENTAL DEVEL. CO. TRANSCONTINENTAL DEVELOPMENT C JOHN D. HARDER ARMY CORPS OF ENGINEERS MARISCO, LTD. US COAST GUARD, 14TH DIST U.S. NAVY US NAVY, PACIFIC MISSILE RANGE DPW, CITY & COUNTY OF HONOLULU USDA-SOIL CONSERVATION SERVICE U.S. AIR FORCE, DOD GTE MOBILNET OF HAWAII INC U.S. AIR FORCE U.S. AIR FORCE, DOD U.S.A.F. DEPT. OF DEFENSE U.S. DEPT OF DEFENSE U.S. AIR FORCE UNIVERSITY OF RHODE ISLAND U.S. AIR FORCE/DEEV U.S. NAVY U.S. GENERAL SERVICES ADMIN. DH&CD, CITY & COUNTY OF HONOLU CHEVRON USA INC AQUATIC RESOURCES DIV., DLNR DPW, CITY & COUNTY OF HONOLULU FARMERS HOME ADMINISTRATION DH&CD, CITY & COUNTY OF HONOLU US GOVERNMENT, GSA U.S. MARINE CORPS, DOD EASY RIDER TOO US ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY US ARMY SUPPORT COMMAND HAWAII U.S. ARMY SUPPORT COMMAND HAWA US ARMY CORPS OF ENGINEERS US ARMY SUPPORT COMMAND HAWAII US DEPT OF THE ARMY U.S. COAST GUARD ROBERT F AINSWORTH U.S. POSTAL SERVICE U.S. DEPT. OF THE INTERIOR STATE CAGS C&C OF HON - DPW RECEIVED 04-10-66 01-23-79 06-07-85 10-29-79 06-25-86 04-15-88 04-21-82 02-24-89 07-15-88 04-25-85 03-03-81 00 00 00 03-17-88 04-30-80 10-22-86 06-06-81 08-01-85 05-06-88 01-28-88 04-01-87 06-06-86 02-20-84 11-27-84 03-27-86 11-12-82 03-13-85 10-07-80 06-09-86 07-25-85 06-23-87 08-08-82 04-11-86 03-22-84 05-12-87 02-22-88 03-24-80 06-01-84 08-31-82 03-12-87 05-28-85 09-29-86 11-09-87 03-11-81 04-30-87 00 00 00 10-28-85 04-14-80 03-14-86 02-20-85 07-15-83 02-21-89 ACCEPTED 00 00 00 01-23-79 06-10-85 10-29-79 06-25-86 04-15-88 04-21-82 02-24-89 07-25-88 04-25-85 04-13-80 00 00 00 03-17-88 04-30-80 00 00 00 06-06-81 00 00 00 05-06-88 01-28-88 00 00 00 00 00 00 02-21-84 11-27-84 00 00 00 11-12-82 00 00 00 10-07-80 00 00 00 00 00 00 06-23-87 08-08-82 00 00 00 03-28-84 05-12-87 02-22-86 03-24-80 07-20-84 03-31-82 00 00 00 05-28-83 00 00 00 00 00 00 03-11-81 04-30-87 06-30-81 00 00 00 04-14-80 00 00 00 02-25-85 07-15-83 00 00 00 DECISION 04-25-86 02-28-79 10-17-85 01-17-80 07-08-86 04-22-88 05-27-82 00 00 00 09-07-88 09-05-85 05-20-81 00 00 00 03-30-88 05-14-80 11-12-86 06-19-81 08-28-85 05-20-88 02-03-88 07-07-88 06-18-86 03-29-84 12-12-84 04-02-86 01-03-83 09-26-85 01-02-81 06-18-66 09-09-85 07-06-87 10-06-82 04-17-86 03-30-84 05-26-87 03-02-88 06-16-80 08-30-84 10-08-82 06-15-87 06-10-85 10-05-86 11-18-87 04-14-81 05-12-87 07-25-81 11-15-85 06-24-80 03-21-86 02-27-85 08-05-83 00 00 00 STATUS 4 4 5 4 4 4 4 2 4 5 4 0 5 4 4 4 4 4 4 5 4 4 5 4 4 4 4 4 4 4 4 4 4 4 4 4 5 4 4 4 4 4 4 4 4 4 4 4 5 4 2 STAFF JBY JBY RF RF VW RF JDN JDN RF JBY JBY JDN JBY RF JBY JBY JDN JDN BO JBY JBY CT BO JBY JBY JBY JBY JBY JDN NK BO JBY JDN JDN JBY JBY JBY AP JBY BO JDN JBY JDN MAB BO JBY JBY BKM RF JDM czm q-pnomrz Log Jarr- Apr- Jul- Oct.- Jan--- Apr- Jul- Oct-. Uli pq t P4 r Jun Dec .@tate Land Use District L@indary Amendments: 1 3 6 1 0 2 4 2 Annual Total C.;Criservation District Use Aoolications: 17? 12 26 14 is 17 13 2-9 Annual Total: 74 77 Environmental Impact Statements and 4 Assessmerits: 11 8 14 13 14 6 4 26 Annual Total: 46 50 Federa.1 Consistency Reviews: 14 34 17 M-- 228 23 13 14 Annua 1 Tota I - IF5, 7S kl-nUal CZM Re-views Total: 224 2131, O-f RXIOlulu UvA Via Jor: 10 -7 6 4 7 5 Annual Total: '217 26 _qV., Minor., 20 25 0 24 15 21 @X) 2.0 Pr,nua I Tota. 1 36 76 Lbunty Of Maui 90A Major: 10 6 8 9 16 IL 5 Prinual Total 34 4-3 S14 Minor: 9,2 95 90 94 65 81 7a 85. Annual Total: 361 Z17CR County o-@ Hawaii SMA Major: 4 7 G 8 3 1 11 10 Annual Total: 27 25 SMA Minor: 11 10 12 Is is 12 7 16 Annual Total: 51 57, County of Kauai SNA Major: 7 2 1 7 3 7 2 1 A-inual Total: 17 13 211A Minor: 6 10 9 7 10 6 a 7 Annual Total -. M. 31 Annual Ccunties Total: 6ZZ- 531 Annual Grand Total: sa? 7794 L 9,rxr3------ I 9E39--- Jan- Apr- Jul- Oct- Jan-- Apr- Jul-- Oct-- 11a r J1 -1 Se, Dec Mar JUn Serit De< StAiA' Land Use Di.sti--Lct Fm:.,, -ndarv Amendaer-, ts 0 0 6 5 Prinual Total: 6 Umservation District Use Application52 16 Z7 11 2Y) 13 L2 27 Z4, Annual Total-. 74 74 EhvironffeBital Impact StateffEnts and 11n Assessments: 2-6 17 12 11 11 21 16 Annua I Tota 1 66 (00 Federal Consistency -L-r=: le 14 a 13 -7 17 Annual Total: 54- 57 Aiinual CZM Reviews Total: 2CO 2.11 C8C of Honolulu SMA Major: 13 a 5 10 5 12 5 5 Pr,-.ual Total: 36 17 24A Minor: 22 23, 15 19 15 14 14 Annual Total: 81 67- County Of Maui SvA Major: 14 9 12 6 5 17 1 Annual Total: 41 4-1 SYP Minor -. 62- 61 60 44 60; 58 &1 56 Annual Total: Cbunty, of Hawaii SMA Major: 2 5 2 4 3 2 5 Annual Total: 17, 1-7 SMA Minor: 14 5 7 71 4 3 Annual Total: :3 County of Kauai SMA Major: 5 7 2 3 2 a 4 Annual Total: 17 SMA Minor: 7 2 1 1 6 4 7 3 Annual Total: 11 20 Annual CcLu-kties Total: 459 C) Annual Grand Total: 659 m rA JAY4L. o -1/cl/go icto Q,LA mj 0 nhN -@o /qL-) 14kl ) .90-00& f1kouLk v I', C- ail ja_ z4L, Jqo 9-2--:52 o -16 IA-on =YI2 /Q 0 4/14/qO Sq- 61 1 --- -: ('-o,ncc eAe- - Az -n A Cc) Ro -5, C,5@6 C, tAr eptx lw V- M rac5-@el(,- (CLVI,- CO,4,0"+ lar r-A -z/)jq lqo 141/12 lqo 59 - q S 9 go VA n 90-CO-7 -`-Lq - 2 - If Y-" q - 2 - 1,,35 (.0 MaA4 NZ3A0 9 o - ol o lz*6 - 9: -7, 6z Maw T.A;)w I LLkov- vj wip 2/27jqC)-li/l(Alo '2acAwet C(--,b cU&p'cy,@ 2 -L3/27/qC> VI :*77 qO /30 !W,.A W @ - 7-4- t @34 .Avi i+ VAi+ CLC Z4 A@-enj 0661 /610 Q zi- M J -C4 T ()%j L4/2p/ qp J-d!2- 1 I' J- - * @ MA /-@-Ak toy) 5-te-e-A +a V\k en C@ a @L c :7 Z lq'o VZ21 30 3 - 9 - 20: 07 0 2 - Hawaii Planning Activities ort fem . . . . . . . . . . . SYS I MENT OF PLANNING AND ECONOMIC DEVELOPMENT DEPART Foreword During the past three years, the State Department of Planning and Economic Development. through its Coastal Zone Management (CZM) Program, and the University of Hawaii s Depar tme I of Urban and Regional Planning have cooperated to develop a computerized system linking perm it and resource management information of State and County agencies responsible for programs dealing with land and water use. This Hawaii Planning Activities Support System (H-PASS) is financed mostly with Federal CZM grants. H-PASS has promising implications. Data processing and access to shared information bases for H-PASS participants offer opportunities for more efficient permit processing, sound and consistent decisions. and more comprehensive plans and programs dealing with coastal resource management. Using H-PASS to achieve Statewide permit simplification and coordination is also being seriously considered. The success of VA-PASS will depend on its use by participating agencies 10 improve the quality and efficiency of their planning and permit decisions. These, in turn, will insure improved response from and benefit to the public. Hideto Kono. Director The preparation of this report was financed in part by the Coastal Zone Management Act of 1972. as amended. administered by the Office of Ocean and Coastal Resource Management. National Oceanic and A imospheric Administration. UnitedStates Department of Commerce INTRODUCTION BACKGROUND The increase in government planning. land use. and other regulatory mechanisms over the past The idea of a computer-based system for land and water use developments emerged from sever- two decades has highlighted the need to provide easier access to information required for administra- al concerns of the Hawaii Coastal Zone Management (CZM) Program. When the Stale Legislature tive review and permit processing. Without timely information, decision-making is often delayed passed the Hawaii CZM Act in 1977, one of its key findings was that. Without comprehensive information, administrators cannot properly plan arid manage. And without ready access to information. decisions ate mate p(one to subjective evaluation. Hawad*s coastal zone is both undermanaged and overregulated... (and) that new regulatory mechanisms must not be added onto. but rather combined with existing The increase in information requirements and related problems is evident in Hawaii's land use systems.. regulatory system. A variety of permits is often necessary for land or water use development. The cur- rent system of permit processing is cumbersome and brings frustration. wasted effort. delays. and in- The Department of Planning and Economic Development, as the CZM lead agency. actively pur- creased costs for applicants and administering agencies. sued three initiatives aimed at improving the development review process. In response to this problem, the Hawaii Planning Activities Support System (H-PASS) was devel- First. a "Permit Simplification, Coordination. and Streamlining" project was undertaken to formu- oped as a research and demonstration project to improve information management for governmental late recommendations promoting a legally coordinated and simpler system. Following a workshop agencies involved with coastal planning and land use. H-PASS is an automated system which inte- and a study of permit simplification efforts in other states, a State task force was created by Governor grates permit information of nine State and County agencies with major land and water use manage- George R. Ariyoshi to pursue streamlining measures. ment responsibilities, The agencies are: Second. the CZM Program studied how State and County actions could be effectively monitored to ensure compliance with the objectives and policies of the Hawaii CZM Law. Various evaluation 1. Department of Planning and Economic Development (DPED) methods for detecting patterns of non-compliance were developed. 2. Department of Land and Natural Resources (DLNR) 3. Department of Health lDOH) 4. Department of Transportation (DOT) 5. Office of Environmental Quality Control (OEQC) 6. City and County of Honolulu Department of Land Utilization 7. County of Maui Planning Department 8. County of Hawaii Planning Department J 9. County of Kauai Planning Department H-PASS employs multiple remote terminals located in each of the participating user agencies. Data are entered by the user directly on terminals displaying formatted video Screens, and processed centrally by the H-PASS computer. Information can be requested. displayed, and printed at the termi- nai site. The basic functions of the system are: T W - Monitoring: Tracking permit actions to ensure consistency and compliance in clecir,ion-making. Coordination: Supporting and enhancing inter-agency communication and coordination. Inf ormation Sharing: Improving access to planning and permit information. Operational Enhancement: Improving planning and development review procedures through pro- Information on H-PASS aids planners in attaining the State's goals of grams designed lot efficient reporting. summary tabulations, and statisti- protection and beneficial use of our valuable resources. cal analyses. -2- Third. in conjunction with both of these efforts, the CZM Program investigated the feasibility of a Special Management Area (SMA) Permit - Counties of Maui. Hawaii. Kauai and the City and computerized system which would increase the efficiency and effectiveness of development review County of Honolulu Also known as the Shoreline Management Permit on Oahu, this permit is required procedures. provide ready access to resource information bases. and allow the CZM lead agency to for any development within the SMA boundaries along the coastlines of each Island. Development monitor Permit actions for compliance with CZM objectives and policies. proposals are reviewed intensively to avoid permanent loss of valuable coastal resources and to mini- mize adverse coastal environmental effects. While similar computerized permit systems have been successfully implemented in other states, Hawaii's system is designed to encompass a broader and more comprehensive scope with respect to Land Use Dostrict Boundary Amendment - State Land Use Commission. Land and water uses the number of agencies. permits. and data inventories throughout the State are generally defined and regulated by establishing boundaries for each of the four districts: urban. rural, conservation. and agriculture. A comprehensive review accompanies each After extensive review of the H-PASS requirements, data needs. and available public and private ?etltion to the Land Use Commission lot district boundary amendments (the amendment is the sources of data processing. alternative system configurations were evaluated and discussed with the permit' or permission sought). user agencies. The present H-PASS design. consequently, consists of a network of remote terminals at user agencies linked by telecommunications to a central mini-computer. Conservation District Use Application (CDUA) - State Board of Land and Natural Resources This permit is required for any use of, or activity within. the State's conservation district. The district en- The networking of agencies and applications was accomplished in three phases. in developing compasses forest reserves, marine waters. streams. and beaches. H-PASS. data files lot nine development permits and approvals and over ten planning and resource in- vent0fies were compiled. The permits and approvals include the Land Use Commission's land use dis- National Pollutant Discharge Elimination System - State Department of Health. This permit trict boundary amendments. the Department of Land and Natural Resources' conservation district use allows wastewater discharge from fixed (point) sources into any surface waters in the State. applications and historic sites reviews, the Office of Environmental Quality Control's environmental impact statements. the Department of Health's water quality permits. and the four Counties' special management area permits. H-PASS also houses data bases generally supporting land use planning activities. They include capital improvement program projects. the County of Hawan*s land use inventory. and resource in- ventoites dealing with significant historic and archaeological sites, coastal resources and hazards, and Statewide energy activities. THE H-PASS NETWORK or- The Hawaii CZM Program is based on a "management network" of State and County legal auth @7 W__ti 4q*- ities and land and water use control techniques which collectively implement its coastal objectives and policies These policies are binding on agency actions throughout the coastal zone. which encom- passes all land in the State excluding forest reserves and Federal lands, and which extends seaward to the limit of the State's jurisdiction. H-PASS is a physical analog of this management network and helps with the overall management of the program. zZAK -PASS users consists of State and County agencies with dkfect responsibilities The network of H in the planning and management of coastal areas, Information processed through H-PASS consists of data on permits issued by these agencies and important planning information for land and water use --Abe. reviews. V1000 PERMIT INFORMATION FILES The nine permit files contain records summarizing projects for which permit applications were filed, including the tax-map key of properties affected, name of the applicant. a brief project The development of permit information files provides potential for improved permit description, status of the permit, and permit filing and decision dates. Administering agencies main- coordination. tain their respective permit files. Each of the nine permit files is aescribed below. -3- -4- Zone of Mixing - State Department of Health. The Department regulates variances from water Permit Requirements Index - State Department of Planning and Economic Development. A pro- quality standards at the point where discharges enter and are diluted by the receiving waters. grammed matrix depicting the potential permits which may be required for a development proposal. given the general location and characteristics of the development activity. Shorewaters Construction and Events - State Department of Transportation, Harbors Division. Permits for development proposals in shorewaters. streams. and State hatbors have been largely com- CZM Monitoring System - State Department of Planning and Economic Development. A compi- bined with the CDUA permit. The events permit covers offshore recreational activities of limited dura- lation of monitoring assessments of the major coastal permit decisions for detecting patterns of non- tion such as canoe regattas and surling meets compliance with the CZM objectives and policies. Clearinghouse Reviews - State Department of Planning and Economic Development. This review Process provides the opportunity for State and local governments to assess Federal and Federally as- sisted projects which may significantly affect community development plans and programs. CZM Federal Consistency Reviews - State Department of Planning and Economic Development. Review and concurrence by the CZM lead agency MPED) is required for any Federal action. permit. license. or grant which directly affects the policies and provisions of Hawaii's CZM Program. Environmental Impact Statements (EIS) and Negative Declarations - State Office of Environ- mental Duality Control. This bibliographic inventory contains records of all EtS's and negative declafa- lions processed under the State HS law. Chapter 343. Hawaii Revised Statutes, INFORMATION SUPPORTING PLANNING AND LAND AND WATER USE REVIEWS The following are sources of information on H-PASS supporting planning and land and water use reviews. Historic Sites - State Department of Land and Natural Resources. This inventory includes all known historical and archaeological site records. site-specific investigations conducted by the Historic Preservation Office. and a bibliographic reference lot cultural. historical. and archaeological research previously conducted for the site. A shared resource data base provides information to support coastal and environmental managemem decisions. Land Use Inventory - County of Hawaii Planning Department. Parcel. structure, and establish- ment data by tax-map key for the entire County of Hawaii are maintained in separate files. Coastal Resource Data Base - State Department of Planning and Economic Development. This is H-PASS DESIGN FEATURES a repository of sixteen significant coastal resources in the State. collected by tax-map key at the plat level of detail, using best available source documents. It includes streams. wetlands, flood hazard areas. shoreline erosion. scenic sites, beach access, fishponds. and protected ecosystems. Capital Improvements Program - State Department of Planning and Economic Development. In- The overall H-PASS design involves a network of remote terminals located at user agencies and ventories of State capital improvement program allocation requests and expenditures for publicly linked by telecommunications to a central computer. Special H-PASS programs. referred to as funded construction projects. subsystems, perform the tasks of passing data to and from the central computer. Energy Data Management System - State Department of Planning and Economic Development. The H-PASS computer's central processing unit is a Wang VS-80, with 512 KB (thousand bytes) Inventories of energy-related projects, plans. and programs for ongoing surveillance of energy conser- of main memory. The VS system has "on-line" file capability and an interactive operating system, vation and development activities. which together allow sharing of computer resources among several users concurrently. Programs -5- -6- on @ MM @m mom M may be executed either interactively in a dialogue with the computer or in 'batch mode" whereby 8 data are transmitted one way at a time between the user and computer A message processing L) system was developed to fully automate the batch mode of processing from the Counties to the Z a 0 H-PASS computer W g :, a On-line disk storage. or the programs and data immediately available for processing. resides on two 90 MB (million bytes) disk drives. for a total on-line capacity of 180 MB. All components of the Z system are expandable to accommodate additional workstations and future processing requirements. M The present hardware also includes a 1600 - bits-pet-inch magnetic tape drive for access to informa- 0 U lion stored on tapes. and a 600 - lines-per-minute high speed printer, a For complex data manipulations, the H-PASS computer communicates with the University of Hawaii Computing Center's IBM 370/158 computer. This allows users to run data through various pro- grams stored on the IBM 370/158 to produce statistical tables and graphs. A special feature of the Z system hardware allows for the conversion of computer printouts to word processing documents, for easier manipulation and publication of reports in letter quality print. Finally. access to data stored on other host computers may also be available for agency use through the H-PASS computer, contingent on proper permissions. cc SYSTEM SUPPORT PROGRAMS A variety of "support programs" were developed to serve the multiple system objectives (elating to permit monitoring and coordination. These H-PASS programs and their capabilities are briefly de- LL scribed below. Z 0 Data EntrylUpdate. A data entry/update subsystem was developed for each permit or agency function described earlier. Pre-formatted video screens resembling permit application forms are used. 2 Users enter data directly onto the blanks provided on the video screen. which is then validated to insure that logical responses have been provided before they are stored. r@ 0 X Report Subsystem: The report subsystem developed for each permit or agency function enables the user to retrieve stored information in the form of standardized printouts or video displays known 9 as "reports.- Although the form of the standardized reports varies by permit or agency function. a typi- cal report will list proposed projects by geographic location, processing dates, disposition. and applicant. Inquiry Subsystem: Inquiries can also be made for particular types of information. For example, a a user can request a listing of permits issued along the shoreline in Waikiki. Inquiries can be made with- U out programming knowledge through the use of descriptive statements in this special program. W 0 Tax Map Key Inquiry. This program sorts the permit files by tax-map key to display all permit in- L) a formation in the system for a given parcel. The display includes the name of the project. the applicant, Z the permit involved. and relevant decision dates. It also serves as a convenient reference to other per- mits issued for or surrounding a particular location. Electronic Mail Electronic mail enables the users to send and receive messages, memoranda. and documents among themselves. Messages may be sent for immediate printing at any or all of the U) user locations. This capability is valuable for future permit coordination activities among the network agencies. 14 -7- -8- M MM mm mmm sow M M mmm@ mom REVIENICONORITIMATION APPLICATION MWI I PLANNING ACTIVITIES SUPPORT SYSTEM U"" PRESS THE APPROPRIATE FUNCTION KEY TO ACCESS THE WROPAIjrE SYSTEM PINEY WE OF SYSTEM PURPOSE li-PASS PROJECT MASTER MENU ----- ----------------------- - --------------------------------- jyj S S NAWAII PLANNING ACT TIE UPPORI SISTER IF I -DATA ENTRY SYSTEM REVIEWS El '11%, 1,x the data efliry PRESS THE APPROPRIATE FXIIQN NET 10 ACCESS APPROPRIATE SYSTEMS ti ... S, IF 5 REPORT CENEFATION SYSTEM 11 11 ep.,t, h@, IT KEY SYSTEM PF_KEY SYSTEM I'll, othe, @W I. 7@h a H-PASS "Master ---- ------------- IF 7 TABLE DISPLAY SYSTEM EYabln a -e. of 11 y,to a.. Menu Pr0vjCIeS access to van- IF-ITAP[ 1111"E"IT111 "IT" 11 DPID @,@NAIER @IED,195, IF) _ ," ,EN A DISPLAY IF B WR M& ous systern data bases and pro- IT -fA YST BLE 11 DUA,CRSC) PF12 TIN IhOQIRY SVSTEN Th,, P-,d,@ . ,qu,,, of .11 H-FASS grams such as T1@[email protected],TIIUS 11HI1 PI - 7 DOH MANAGER 1WPDES,57,ETC) Iystn data on .@, e-P-f,,d TO. 'P'F SPEFIJIL INING IF - 8 001 (SHOREkATERS) PF IIDIED PERMIT INDEX Pirmt Sinhf-t- PI :I1 I@IUIYY DIFI HAN 'I 1'1@11,Llll IF -@11 BIDE 1111,NEI .11 PF.,UN I(AUA;I@S IF_ 'P" ENTER D,ja, Ao, ptio,, No,, H-PASS 'Y'l.. joh.u. IF :11 COUNTY Of MAUI (SMA) IF 11 IT EXIT Ent I- aodul'. IF2C1Z OF HONOLULU (SMA) IF -16 -- LOGOFF CONTROL MENU - 11 "1 11 IEP1IT1 TO STATE .1. 11 IF -11 W-111S REVIEW SI@TEM 1.1 IF _iEI"REPDR IS TO COUNTY AGENCIES IF -2.1 IF -19 TC TO UKCC IF -23 By selecting 'H-PASS Review System - from the Master Menu, IF.20 111 200 MUD TO UKC IF -24 111 No bw 10 UMCC the Terminal will display a hsting and description ot the ReviewlCoordination Apphcation systems. DATA ACCESS AND SECURITY Control over access to data is an important consideration in any multi-user system. H-PASS data files generally contain public data and are available to the general public. There are a few files. SPECIAL MANAGEMENT AREA PERNII however, that ate restricted to a particular group of users. These do not deal with public information. SIM iWAWAII PLANNING6 ACTIVITIES SUPPORT SYSTEM The system entails the use of passwords which control access to data files. Data modification. for RECORD 10, 1 76 / 006 example, is allowed Only by the administering agency. COUNTY FILE III 1,11IM-11001- PERM IF 'IF[ i lzmajol @zMiTol 34.191oCy 4-E,,wt SrATUS; 2 IzPtndivg 2-APFryd 3zDepit:1 I-N/D 5zVoid 6--Contnt 7z4" The use of standardized reports for retrieval of information falls into one of the three categories Fiitin_@ @ '1 11 '1 11 A1.C1 ... 3 '1 11 1 71 DEC "I,,: of access: no restrictions on use, notification before use, and restricted use. Information files relating NEAR: CC I LED 1 . _ , CONTESTED: to a permit case being litigated are temporarily extracted Irom H-PASS. .:THDRAWN; NULL/VOID: . As IAMENDED. as aa PROJECT HAMEi Special Management APPLICANT: CITY.LCWY.DF.KONOLULU-DPR- Area Permits. AGENT ! ... .. .... MAJOR LANDOWNER :CITY.LCOUNTY.6FAONOLULU__ TYPE OF EXKA% 2 2@Co,ty 3zp,@t @_Fed 5zRa., How@ 6-Mwd 720u., TIP' OF WL ... T: 'z"'e 'zC""' J-P,,@ite 44edeil 54the, POTENTIAL FLITUREACTIVITIES APPLICANT INTHES11 IzL,,d..nr IzLeslee 34f@ Right' 44-lant -1 :.7 ADDITIONAL TMK,l ...... With the establishment of the H-PASS network. several potentials for supporting arid enhancing PFI-3 YA-1d, "164"1 Statewide plaiining activities have become available. The following are examples. PERMIT COORDINATION AND SIMPLIFICATION In conjunction with the State permit simplification initiatives. H-PASS could function as a permit information center with Central coordinating functions for State-administered permits Implementa- tion of this concept might include the following -9- A permit counter could be equipped with a terminal to automatically display all development permits required for a proposed activity. A prototype program was developed to display the array of agencies an dpermits required if development activity and locational characteristics are entered. Permit Counter, Department of Land Utilization, City and County of Honolulu The counter terminal would allow tracking the status of any permit being processed. Each of the permitting agencies would enter and update permit records at designated points in the permit or review process. Permit counter staff would be able to respond to personal or telephone requests for information, with appropriate referrals to relevant agencies. The development of a single master application could be electronically routed to H-PASS agencies for response whenever an applicant applies for permits. A master application would contain basic information on a project, location and description, and be circulated to all agencies which have potential interest or jurisdiction. Within a specified period of time, agencies would be required to respond or relinquish their right to review the project. Of primary benefit to the applicant, this approach results in a precise listing of permits and development requirements at the outset of a project. The periodic monitoring and analysis of permit processing procedures would seek out and address problems and potentials such as excessive delays, expanding categories of developments which can be exempted from the need for a permit, or major-minor distinctions for developments with no significant impacts. A State central coordinating agency could complement the Counties' central coordinating agency functions since a substantial segment of development proposals do not require County level approvals. Such projects include those using State lands, uses in the conservation district that are not within the SMA, offshore use and construction activities, effluent discharges, and certain Federal consistency reviews. Should a State central coordinating agency be established, significant oportunities would arise for coodinating State and County permits through joint review and public hearings. Improved coordination with Federal permitting agencies and regulatory requirements may similarly be achieved. -11- STATE PLAN MONITORING Through the Coastal Energy Impact Program, the Hawaii Energy Data Management System was designed and demononstrated on H-PASS as a prototype for monitoring the implementation of the State Energy Functional Plan. Similar subsystems could be developed for the other functional plans to provide more detailed information regarding the compliance of activities with specific policies. H-PASS applications developed and related to other functional plan areas include the State inventory of recreational activities (Recreation Plan), historic sites inventory (Historic Preservation Plan), and CDUA permit (Conservation Lands Plan). AUTOMATION OF LAND USE AND ENVIRONMENTAL INVENTORIES To support general planning acitivies and land use decisions, the incorporation of the Counties' land use inventories on H-PASS is planned. One of the initial H-PASS efforts was the inclusion of the County of Hawaii's land use inventory is already automated through the Department of General Planning and Department of Data Systems. Cooperative arrangements for data sharing are envisioned in the near future. Land use inventories for the Counties of Kauai and Maui have not been updated since 1969, hency any automation must await the completion of comprehensive field surveys of the land parcels. This terminal display shows an example of the information available through the H-PASS Coastal Resource Data Base. In support of coastal and environmental management decisions, the coastal resource data base was developed as a comprehensive repository of significant coastal resource information in the State. This data base not only facilitates CZM monitoring, but supports the information sharing objective of H-PASS, particularly with respect to the network agencies' permit reviews. Current information identifies the presence on any plat of land the following: -12- M_00@4=m MM W"M"" mww@ mom M Perennial and intermittent streams; Wetlands � Floo@ and'isunarni hazard areas; � Shoreline erosion areas' 4, Beach access. rights-of-waVs. and access problem areas; � Coastal water quality and marine bottom ecosystems: � Subsidence hazard areas: � Recreat I,net surf sites. fishing areas. and boat harbors; � Scenic landmarks. water resources. and natural landforms: � Historic sites: Natural area reserve syste s Marine life conservation dmistricts, and 0 Hawaiian fishponds Enhancing this data base to obtain parcel-level detail would significantly improve its value and usefulness in supporting planning and permit decisions. For example. the issuance of negative decla- rations and the decision to require an EIS could largely be an automated function through H-PASS. From the applicant's staridpoint. the early specification of environmental constraints would provide greater predictability in determining the project's likelihood of approval. COMPUTER MAPPING A long-range capability which deserves further exploration is a computerized geographic infor- mation svstem. in which geographic information from maps is coded for computer storage. Programs can then be used to analyze and manipulate data and to reproduce it in map form. The most common use of geographic data analysis is to generate composite maps which show different combinations of data types. This may be compared to a system of map overlays depicting development limitations and opportunities. -13- I I I I I I I I I I Appendix C I I Sample Reports from Counties I I I I i I I I I I I I I I I .I I A Hawaii County I I I I I I I I I I OFFIC"E OF SW E PLANNINC@ PLANNING CCMMISSION County of Hawaii Agenda for the Meeting on Wednesday, April 11, 1990 Kona Surf Hotel, Mauna Kea Conference Room, 78-128 Ehukai Street, Keauhou, North Kona, Hawaii - 10:30 a.m. NEW BUSINESS (PUBLIC HEARINGS) - 10:30 a.m. 1. Application of Joseph Castelli, on behalf of the Keauhou-Kona Surf and Racquet Club, for a Shoreline Setback Variance to allow the excavation of material and placement of rock riprap and grout at three locations within the 40-foot shoreline setback area. The area involved is part of the Keauhou-Kona Surf and Racquet Club situated along the makai (west) side of Alii Drive, Keauhou and Kahaluu, North Kona, TMK: 7-8-13:3. 2. Application of Adrienne Ritz-Batty for a Special Permit to legitimize a bed and breakfast operation situated on a 0.46-acre lot within the State Land Use Rural District. The property is located along the west (makai) side of South Kona Belt Road.; approximately 1,200+ feet north of the general store at Kealia, Kealia' House Lots, fouth Kona, TMK: 8-5-03:14. 3. Application of Bay View Farms for a Special Permit to allow the establishment of a coffee processing facility on 7 acres of land situated within the State Land Use Agricultural District. The property is located along the makai (west) side of the Lower Government Main Road (Painted Church Road), approximately 0.8 mile north of the Painted Church Road-City of Refuge (Keala-0-Keawe) Road intersection, Keei 2nd, South Kona, TMK: 8-3-08:65. 4. Application of Charles A. Young.for a Special Permit to allow the establishment of a laundromat on 60,890 square feet of land situated within the State Land Use Agricultural District. The property is located along the north side of Lotus Blossom Lane, approximately 300 feet from the Hawaii Belt Road-Lotus Blossom Lane intersection, Hawaiian Ocean View Estates Subdivision, Kahuku, Kalu, TMK: 9-2-84:47. 5. Application of James Oppenheim for a Special Permit to allow the establishment of a convenience store and related improvements on 1.036 acre of land situated within the State Land Use Agricultural District. The area involved is located at the end of Kealakaa Street and adjacent to and north of the Lailani Housing Project, Kealakehe, North Kona, TMK: 7-4-07:Portion of 1. NEW BUSINESS (PUBLIC HEARINGS) - 1:30 D.m. 1. Application of Wallace and Karen Kobayashi for a Special Management Area (SMA) Use Permit to allow the development of a housing project and related improvements consisting of a 1-story duplex structure and two 1-story, 2-bedroom cottages. The property involved is located on the mauka side of Alii Drive and across from the Kona Bali Kai Condominium, Holualoa, North Kona, TMK: 7-6-15:10 and 32. 2. Application of Kuakini Kona, Inc. for a Special Management Area (SMA) Use Permit to allow the development of a 12-unit condominium project and related improvements. The property involved is located between Kuakini Highway and Sea View Circle, approximately 320 feet north of the Kuakini Highway-Sea View Circle intersection, Kona Sea View Lots Subdivision, Holualoa 4th, North Kona, TMK: 7-7-15:66. 3. Application of Akamai Partners, Inc. for a Special Management Area (SMA) Use Permit to allow the development of a 15-lot residential subdivision and related improvements. There will be a single family dwelling constructed on each of the lots. The property involved is located along the makai side of Kuakini Highway and at the south end of Kupuna Street within the Komohana Kai Subdivision, Holualoa, North Kona, TMK: 7-6-22:49 and 84. 4. Application of Weiser & Jung Developments, Inc. for a Special Management Area (SMA) Use Permit to allow the development of a 34-unit condominium project and related improvements. Also requested is the revocation of SMA Use Permit No. 155 previously granted for this project to allow the development of a 25-unit condominium project and related improvements. The property involved is located along the makai side of Alii Drive, adjacent to and south of the Casa de Emdeko Condominium complex, Puapuaa, North Kona, TMK: 7-5-20:21. 5. Application of Kona Coast'Resort Joint Venture for an amendment to Special Management Area (SMA) Use Permit No. 106 grapted in July of 1979 which allowed the development of the 112-unit Keauhou Gardens condominium project and related improvements (Increment I). The amendment is to allow the development of Increment 11 of this project which would include the construction of 195 additional condominium units and related improvements. The property involved is located on the makai (southwest) side of the existing Keauhou Gardens condominium project and bordered by the 14th, 15th and 1'6th falrways of the Kona Country Club golf course, Keauhou-Kona, North Kona, TIMK: 7-8-10:52 and 68. -2- NEW BUSINESS (PUBLIC HEARINGS) - 2:30 p.m. 1. Application of Hubert F. Griep, et al for a change of zone for 3'.3 acres of land from an Agricultural 3-acre (A-3a) to an Agricultural I-acre (A-la) zoned district. The prooerty is located along the makai (west) side of Mamalahoa Highway, diagonally across from the Mamalahoa Highway-Makalapua @treet intersection, Kaloko, North Kona, TMK: 7-3-08:98. 2. Request by Lanihau Center Venture for a time extension to Condition E (deadline to submit plans for Phase II) of ordinance No. 684 which rezoned 25+ acres of land from an Agricultural 1-acre (A-la) to a General Commercial - 20,000 square foot (CG-20) zoned district. Also requested is an amendment which would allow the Planning Director to grant an administrative extension to time conditions imposed in the ordinance. The area involved includes the existing Lanihau. Center and its expansion area, Kailua-Kona, Lanihau 2nd and Maeauoa. 2nd, North Kona, TMK: 7-5-04:Portion of 7. 3. Application of Charles Forman and JBE Associates for a State Land Use Boundary amendment for 6.6+ acres of land from the Agricultural to the Urban District. Also requested is a change of zone for 9+ acres of land fr.om Agricultural 1-acre (A-*la), Multiple Residential - 1,000 square foot.(RM--l) and Village Commercial - 7,500 square foot (CV-7.5) zoned districts,to a General Commercial - 20,000 square foot (CG-20)-zoned district. The property is located between the proposed Phase Il of the Lanihau Center and Lono Kona Subdivision, and also between Kuakini Highway and the Queen Kaahumanu Highway Extension, Kailua-Kona, Keopu lst, North Kona, TMK: 7-5-04:6 and 13. MINUTES - March 1, 1990 ANNOUNCEMENTS ADJOURN'MNT -3- BR i#d a I @21 Planning Commission J 25 Aupuni Street, Rm. 109 Hilo, Hawaii 96720 (808) 961-8288 OFFICE OF STATE PLANNING CERTIFIED MAIL 4 April 5, 1990 Samuel Ruben, M.D. State of Hawaii Department of Health 75 Aupuni Street Hilo, HI 96720 Dear Dr. Ruben: Special management Area (SMA) Use Permit Application State of Hawaii, Department of Health TMK: 2-2-32:30 The Planning Commission at its duly held public hearing on March 21, 1990, voted to approve your application, Special Management Area (SMA) Use Permit No. 293, to allow the construction of an environmental health facility (office building) and related improvements along the south side of Kamehameha Avenue, adjacent to and east of KK Tei Restaurant, Waiakea, South Hilo, Hawaii. Approval of this request is based on the following: The purpose of. Chapter 205-A, Hawaii Revised Statutes (HRS), and Rule No'...9,.Special Management Area (SMA) Rule-s and Regulations of the County of.Hawaii, is to preserve, protect, and, where possible, to restore the natural resources of the coastal zone areas. Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosuri@ of management options. One of the criteria for approving a development within the SMA is that it is consistent with the General Plan and zoning designation. The proposed development conforms to the General Plan Land Use Pattern Allocation Guide (LUPAG) Mar) and zoning designation which designate the area as Medium Density Urban and Neighborhood Commercial - 10,000 square foot (CN-10). The @G Samuel Ruben, M.D. April 5, 1990 Page 2 Public Facilities element of the General Plan states as a goal to, "Encourage the provision of public facil.ities that effectively service community needs and seek ways of improving public se@vice through better and more functional facilities which are in keeping with the environmental and aesthetic concerns of the community.w The proposed Environmental Health facility would centralize the State Department of Health Environmental Health staff, who are currently located in the State Building on Aupuni Street and the Waiakea Health Center on Kuawa Street. The proposed facility would also accommodate further expansion of environmental program services and personnel. Therefore, the establishment of an Environmental Health Service facility would be consistent with the intent and purpose of the Zoning Code and the General Plan. Another criteria in reviewing an SMA Use Permit application is that, "The development will not have any significant adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. Such adverse effect shall include, but not be limited to, the potential cumulative impact of individual developments, each one'of which taken in itself might not have a substantial adverse effect and elimination of planning options." The proposed development is not anticipated to have any substantial adverse environmental or ecological effects. The property, which is located within an area that has been extensively developed, is not.known to contain any unique ecological systems nor provide habitat for any endangered plant or animal species. No adverse impacts on air and water quality are expected to be generated by the proposed development. Air emissions generated during the construction phase can be mitigated by existing regulations. Any potential runoff or discharge as a result of the project can be handled by on-site improvements as-may be required by the Department of Public Works. Negative impacts resulting from soil erosion and runoff during site preparation and construction phases are unlikely, but should they occur, they can be adequately mitigated through compliance with existing regulations. The proposed development is not anticipated to have any significant adverse impacts on coastal ecosystems or public' access along the shoreline due to the project's considerable distance from the coastal waters. The combination of Samuel Ruben, M.D. April 5, 1990 Page 3 landscaping, County sewage disposal, and drainage improvements as may be required by the Department of Public Works will effectively inhibit erosion, water runoff, and potential pollutants from entering into coastal areas. No archaeological resources are known to exist on the property. This approval recommendation is conditioned upon notification of the Planning Department and appropriate action should any unidentified sites or remains be found before or during construction activities. There are no major identified scenic resources and viewplanes f rom or around the subject property. The one-story, 20-foot tall structure will not intensify the visual or structural impact of the area due to the project site being located within an extensively developed area. The proposed landscaping will further alleviate the visual and structural impacts of this one-story building. The height of the proposed Environmental Health facility would be well below the maximum height limit of 40 to 45 feet for those properties surrounding the subject property zoned Neighborhood Commercial or Limited Industrial. The greatest concern regarding this request was that of reduced effective emergency response of a critical response agency during a tsunami. According to the FIRM Map, the subject property is located just outside of the tsunami inundation zone; however, it is located within a tsunami evacuation area. Thus, during a tsunami wa*rning, this agency will be forced to evacuate to its designated base as is.currently done from its Aupuni Street office. We would agree with the Civil Defense Agency that critical response agencies should be located out of known hazard zones in order to improve its effectiveness. One of the policies of Rule No. 9 (Special Management Area) is to - "Encourage those developments which are not coastal dependent to locate in inland areas." Following an overall analysis of this request with repect to goals, policies, and objectives of the SMA and the General Plan, it is felt that a denial is not wartanted under the circumstances. However, the Planning Director will impose as a condition of approval that an emergency preparedness and response plan be submitted to the Hawaii County Civil Defense Agency to address these concerns. Samuel Ruben, M.D. April 5, 1990 Page 4 Based on the above, it is determined that the proposed development will not have substantial adverse impacts on the surrounding area, nor will its approval be contrary to the objectives and policies of Chapter 205A, HRS, relating to Coastal Zone Management and Rule No. 9 of the Planning Commission relating to Special Management Area. Approval of this request is subject to the following conditions: 1. The applicant, its successors, or assigns shall be responsible for complying with all stated conditions of approval. 2. Final Plan Approval shall be secured from the Planning Department within one year from the effective date of this permit. To assure adequate time for plan approval review and. in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall identify structures, landscaping, interior driveway circulation, and parking stalls associated with the proposed development. 3. Construction of the environmental health service facility and related improvements shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter. 4. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal-deposits, human burials, rock or coral alignments, pavings, or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the FIlanning Department when it finds that sufficient mitigative measures have been taken. 5. Access to the subject property from Kamehameha Avenue shall meet with the approval of the Department of Transportation- Highways Division. 6. An emergency preparedness and response plan shall be filed with the Hawaii County Civil Defense Agency and the Planning Department prior to issuance of a certificate of occupancy for the environmental health services facility. Samuel Ruben, M.D. April 5, 1990 Page 5 7. Comply with all other applicable laws, rules, regulations, and requirements including those of the Department of Public Works. 8. An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of the permit. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required. 9. An extension of time for the performance of conditions within the permit may be granted by the Planning Director upon the following circumstances: a) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successorsf or assigns and that are not the result of their fault or negligence; b) granting of the time extension would not be contrary to the General Plan or Zoning Code; c) granting of the time extension would not be contrary to the original reasons for the granting of the permit; and d) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one,additional year). Further, should any of the conditions n6t-be met or substantially complied with in a timely fashion, the Director shall initiate procedures to revoke the permit. This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Samuel Ruben, M.D. April 5, 1990 P@ge 6 Please feel f ree to contact the Planning Department if there are any questions on this matter. Sincerely, 44, @ Fred Y. Fujimoto xc: Mr. Harold Matsuura/DOH Chairman, Planning Commission Department of Public Works Department of Water Supply County Real Property Tax Division DBED, CZM Program w/background Duane Knuha Director William L. Moore Deputy Director Planning Department 25 Aupuni Street, Rm. 109 Hilo, Hawaii 96720 (808) 961-8288 February 9, 1990 Mr. Harold Masumoto, Director Office of State Planning Off ice of the Governor State Capitol Honolulu HI 96813 Attn: Doug Tom Coastal Zone Management Program Dear Mr. Masumoto: Hawaii Coastal Zone Management Program Fiscal Year 1989-1990 In accordance with the provisions of our Coastal Zone Management (CZM) Contract No. 27111, we respectfully submit our Quarterly Summary of Projected Expenditures for the period ending March 31, 1990. Quarterly expenditures ending September 30, 1989 $ 34,417.00 December 31, 1989 38,451.13 TOTAL 72,868.13 Total projections for quarter ending March 31, 1990 37,668.25 Less cash received to date 0 Quarterly advance requested $110,536.38 Please make check payable to the County of Hawaii and send to this office. I hereby certify that the foregoing is true and just and that payment has not been received. Sincerely, DU A N E K AN U HA Planning Director RKN:aeb Approved for payment. Services were satisfactorily rendered/goods were satisfactorily received on 2-15-90 of it.s development responsibilitio.-, the Planning Department continues to offer extensive counseling opportunities to prospective developers within the SMA area as well as the rest of the County. The developers are informed of the necessary information requirements for the various development permits, special concerns and/or problems, and of any other permits, whether Federal, State or County which may be required. They are also encouraged to process permits which require a public hearing concurrently with the SMA Use Permit. In this way, the SMA Use Permit requirements have helped to coordinate the overall review process. Furthermore, through the counseling opportunity, many questionable projects are discouraged early in the review process or are amended to address the County's concerns. SCOPE OF SERVICES 3) Compliance with HCZM Objectives and Policies. The Planning Department continues to support the Hawaii CZM objectives and Policies, both through its participation in the HCZM and through its normal departmental responsibilities and ODerations. The Department, through its staff archaeologist, continues to review all development activities, whether in the SMA or not, with respect to its potential impact on archaeological or cultural resources. This review and any recommendations therefrom are coordinated with the State Historical Preservation Office on a regular basis. -2- SCOPF OF SFPV1C1-:S 3 AominiFLerinq Development in the Special Management Area (SMA) 7) Provide for project monitoring to ensure compliance with SMA Conditions. Seven (7) SMA Major Use Permit Petitions were received during the report period. The Planning Department is reviewing two petitions. One (1) SMA Major Use Petition previously received was approved by the Planning Commission and four (4) have been scheduled for their consideration. Also, during this period, six (6) SMA Minor Use Permits were received and approved by the Planning Director. One (1) Shoreline Setback Variance application v!,::,,s received during the reporting period and is currently being processed by the Planning Commission. There were no citations issued for violating the Shoreline Setback Area and Special Management Area regulations during the reporting period. SMA MAJOR REC'D ACTION DEFER PENDING PC DEPT REVIEW First Quarter 2 1 1 0 0 Second Quarter 5 0 0 1 SMA MINORS First Quarter 3 3 0 0 0 Second Quarter 3 3 0 0 0 SSV First Quarter 0 0 0 0 0 Second Quarter 1 0 0 1 0 -3- SCOPE OF SERVICE'S 4) Support Public Participation 5) Support CZM Related Programs 6) Attend CZM Meetings The Planning Director continues to support public participation in the HCZM through its active participation in the Statewide Advisory Committee (SAC). The liaison officer also attends liaison meetings called by OSP to discuss program status and budqetarv requirements for the upcoming fiscal year. Additionally, the Department has conducted and/or participated in various workshops and hearings which both were directly or indirectly related to the CZM Program. In addition, the Kailua Village Special District Urban review Commission and Hawaii Redevelopment Agency meetings have been attended by members of the Department. Hawaii County Council Bill No. 14, which proposes to amend Chapter 23 (Subdivisions), Hawaii County Code 1983, by adding a new article relating to the dedication of land for Public access to the Shoreline passed first reading on April 5, 1989. It is presently assigned to the Council's Planning Committee. The Council must pass Bill 14 on second reading prior to it becoming Ordinance. -4- I I I I I I I I I I City and County of Honolulu I I I I I I I I I DEPARIMEN1 OF LAND UTILIZA11ON PUBLIC HEARING t@E 0F S',_, pj_, NOTICE IS HEREBY GIVEN of a public hearing to be held by the Department of Land Utilization of the City and County of Honolulu under Special Management Area Ordinance, Chapter 33, R.O.H., as amended, for the following application at the date and the time specified or soon thereafter: ----------------------------------------------------------------------------- DATE: Tuesday, April 17, 1990 TIME: 10:00 a.m. PLACE: Waimanalo Community-School Library 41-1320 Kalanianaole Highway APPLICATION: SPECIAL MANAGEMENT AREA USE PERMIT 90/SMA-15(DEB) APPLICANT/ RECORDED OWNER: State Department of Hawaiian Home Lands AGENT: Stanley S. Y. Young TAX MAP KEY: 4-1-17: 1 and 21 LOCATION: Waimanalo, Oahu REQUEST: A proposal to construct a gravity sewer system and pumping station. ------------------------------------------------------------------------------ Maps showing the general location and boundaries of the area under consideration are on file in the office of the Department of Land Utilization, Honolulu Municipal Building, 650 South King Street, 7th Floor, and are available to the public for inspection during office hours. For assistance, please call the department's Environmental Affairs Branch at 523-4077. All interested persons are invited to attend. Those persons desiring to testify may register prior to the public hearing at the public hearing site and are encouraged to submit one copy of their testimony in writing. Attendance at the public hearing is not necessary to submit testimony. Written testimony which is received by the Department of Land Utilization at the above address prior to the public hearing will be included with the transcripts of the hearing and will be considered in the evaluation of the request. DONALD A. CLEGG Director of Land Utilization (lion. Adv.: Monday, March 26, 1990) 0057L/5 DEPARTMENT OF LAND UTILIZATION (DLU) CITY AND COUNTY OF HONOLULU HAWAII COASTAL ZONE MANAGEMENT PROGRAM PERFORMANCE REPORT JANUARY 1, 1989 - MARCH 31, 1989 I. ADMINISTER DEV`ELOPMENT PERMITS A. Special Management Area Use Permit (SMP) Five (5) SMP applications received this quarter are currently being processed. Nineteen (19) projects were granted Minor Permits. Numerous other requests were reviewed and found to be exempt. During this quarter, public hearings were held on five (5) SMP applications, as summarized below: Public Projects - 4 Status Kakaako Waterfront Park Withdrawn Pupuole Park Master Plan (Waipahu) Approved Kailua Beach Park Walls Withdrawn Kapiolani Community College Master Plan Pending Private Project - I Status Renovations to Outrigger Waikiki Hotel Approved The hearings were sparsely attended, except for the one on the Kailua Beach Park Walls application. That earing drew about 30 people. All who testified were in--opposition to the project. Residents and community association representatives expressed concern about the visual impacts of the walls, and they recommended restoring the vegetation on the sand dune fronting the main comfort station. Following the hearing, the City Department of Parks and Recreation decided to withdraw the application. The Hawaii Community Development Authority also withdrew its application for grading and landscaping for the proposed Kakaako Waterfront Park, in order to perform more extensive testing for the presence of hazardous materials. Of the applications pending since last quarter, the following were approved: Waianae Mall expansion; Airport Crash Fire Rescue Station #2; Heeia-Kea Small Boat Harbor improvements; Kaneohe Wastewater Treatment Plant - conversion to pretreatment; industrial warehouse - Waipahu: three industrial warehouses - Waipahu; three-unit residential project - Waialua; and AT&T Cable Ship Terminal - Sand Island. The City Council denied the application by General Telcourier, Inc. for a telecommunications facility within Koko Head Regional Park and instead imposed a moratorium on such facilities in the Park. B. Shoreline Setback Variance (SV) The department received five (5) applications for development within the shoreline setback. one is for a dining pavilion for an existing tennis club; one is an after-the-fact application for a seawall on a residential lot; and the other three concern various improvements within residential lots. Public hearings were held on three applications received previously: a vehicle barrier in Mokuleia; a swimming pool on a residential lot in Koko Kai; and various improvements on a residential lot in Wailupe. The hearings were sparsely attended. All applications were subsequently approved with conditions. Two other applications pending since the previous quarter were approved with conditions: Airport Crash Fire Rescue Station (with an SMP); and the application for a seawall in Makaha. C. Shoreline Investigation Several shoreline investigations were conducted during this period, mostly concerning eligibility for,a 20-foot Shoreline Setback and to investigate the legality of existing seawalls. The department has imposed a $10,000 fine and daily fines on Koolau Agricultural Company for the realign- ment of Punaluu Stream. The agent has recently indicated the applicant's intent to apply for an after-the-fact SMP. 0291,N -2- Field investigations were also undertaken with regard to various SMP and Building Permit applications. Finally, field checks were performed on a number of projects where waiver of the shoreline survey was requested. D. Minor Permits A total of 19 Minor Permits were granted during this period. They entailed various small construction projects, such as rock walls, a park shower, comfort station renovations, and a small aquaculture facility. Ii. H-PASS The department has input permit data, but has been unable to transmit data because of problems with the modem hook-up. III. PROJECT MONITORING The DLU is conducting a continuous program of monitoring compliance of approved projects with permit conditions. In addition, the department is monitoring shoreline areas in response to applications and complaints. IV. PERMIT COORDINATION, STREAMLINING AND LITIGATION A. Permit Coordination In this quarter, the DLU has been coordinating permits with the City and County Department of Public Works, Board of Water Supply, Department of Parks and Recreation, the State Department of Health, Department of Land and Natural Resources (DLNR), Department of Business and Economic Development, the Office of Environmental Quality Control and the U. S. Army Corps of Engineers. Public input has been received via public hearing. B. Litigation In a suit by the Sandy Beach Defense Fund over the Golf Course 5 & 6 project, the Hawaii Supreme Court decided in favor of the City that the SMP was valid and that the City Council - as a legislative body - could not be required to hold a contested case hearing. 0291N -3- I I I I I I I I I I I Kauai County I I I I I I I I I COUNTY OF KAUAI L-------- . ...... PLANNING DEPARTMENT OFFICE OF S TATE PLAN LIHUE, KAUAI IN 11`1 G. NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN of public hearings to be held by the County of Kauai Planning Commission at the County Building (Council Chambers) on Thursday, March 8, 1990, at 1:30 p.m. or soon thereafter to consider, under the Special Management Area Rules and Regulations of the County of Kauai, State Land Use Commission Rules and Regulations, and provisions of Section 8 of the Kauai County Revised Code of Ordinances, the following: 1. SPECIAL MANAGEMENT AREA USE PERMIT, USE PERMIT and CLASS IV ZONING PERMIT to allow construction of church facilities within the Special Management Area and Residential and Special Treatment- Public zones on property located approximately 350 feet northeast of the intersection of Kuhio Highway and Kawaihau Road in Kapaa, Kauai, further identified as Tax Map Key: 4-6-14: Por. 26, containing an area of 1.96 acres. ,/2. SPECIAL MANAGEMENT AREA USE PERMIT to allow construction of a paved, two-lane access road including installation of a waterline from Waapa Road to the Small Boat Harbor area in Nawiliwili, Kauai, on properties immediately South of the intersection of Niumalu and Waapa Roads, further identified as Tax Map Key: 3-2-03:7, 31 & 34, containing a land area of 7.762 acres. All interested persons may present testimony for or against any application as public witnesses. Such testimony should be made in writing and presented to the Commission prior to the public hearing. Arry party may be represented by counsel if he or she so desires. In addition, individuals may appear on their own behalf, a member of a partnership may represent the partnership, and an officer or authorized employee of a corporation or trust or association may represent the corporation, trust or association. Petitions for intervenor status must be submitted to the Commi-ssion and the applicant at least seven (7) days prior to the date of the hearing advertised herein and shall be in conformance with Chapter 4 of the' Rules of Practice and Procedure of the Planning Commission. Proposed plans and the Rules of Practice and Procedure of the Planning Commission are available for inspection at the Planning Department which is located at 4280 Rice Street, Lihue, Kauai. KAUAI PLANNING COMMISSION Thomas P. Contrades, Chairman (Feb. 15, 1990) By Tom H. Shigemoto, Planning Director Publish in reduced print. Exhibit "A"' JOANN A. YUKIMURA MAYOR TOM H. SHIGEMOTO PLANNING DIRECTOR ROLAND D. SAGUM, III DEPUTY PLANNING DIRECTOR TELEPHONE (808) 245-3819 COUNTY OF KAUAI PLANNING DEPARTMENT 4280 RICE STREET UHUE, KAUAI, HAWAII 96768 January 17, 1989 Hemmeter/VMS Kauai Company V 1441 Kapiolani Blvd., 18th Floor Honolulu, Hawaii 96814 Subject: Use Permit U-89-12 Special Permit SP-89-6 Shoreline Setback Variance SSV-89-2 Special Management Area Use Permit SMA(U)-89-3 Class IV Zoning Permit Z-IV-89-12 TMK: 3-5-01: Par 102, Nawiliwili, Kauai The Planning Commission, at its meeting held on January 12, 1989, approved the subject permits to establish an 18-hole golf course and to construct and establish accessory uses and structures including a golf academy subject to the conditions contained within the attached report. TOM H. SHIGEMOTO Planning Director cc: Mayor Public Works Dept. Water Dept. Health Dept. Highways Div. Airports Div. State Planning DLNR Dept. of Agriculture Real Property Division Special Management Area Use Permit SKA(U)-89-3 Special Permit SP-ag-6 Shoreline Setback Variance Permit SSV-89-2 Use Permit U-89-12 Class IV Zoning Permit Z-IV-89-12 APPLICANT: Hemmeter/VMS Kauai Company V ADDITIONAL FINDINGS: 1. In 1978, an Special Management Area Use Permit SMA(U)-78-16 was approved by the Planning Commission relative to the Lihue Airport Master Plan. Condition *2 reads as follows: 2. The 40 feet vehicular access to the shoreline for recreational purposes be provided and so delineated and recorded on the final subdivision maps and documents." Subsequently, in 1980 when the subdivision was applied for, condition #2 of S-78-139 read: 142. The subdivider provide public vehicular access for recreational purposes to the shoreline (access may be along existing cane roads providing access to the shoreline). This condition shall be so annotated on the subdivision map." The final subdivision map reflects the existing Easement 15 (20 ft. wide) in metes and bounds that addresses the SMA and subdivision requirements, arid which follows the existing vehicular beach access an the property. However, the easement was never formally granted to the County. 2. The Planning Commission has received a 138 signature petition that requests the provision of 11 ... access to the entire shoreline area from Ahukini to the Nawiliwili lighthouse. it is recommended that the present roadway used by fishermen and others be preserved and that the lands eastward of this roadway be declared Conservation to prevent further destruction of trees, flora, fauna, and rack formatioris.14 EVALUATIOMi Applicant proposes to establish an 18-hole golf course; a 22,900+ sq. ft. c@ubhouse that would accommodate two dining areas, a men's and women's health club; a 19,500 sq. ft. academy that would have classrooms, lecture theater, pro shop, office and cart storage area: an 8,000 sq. ft. golf course maintenance building; and parking areas to accommodate approximately 148 stalls, 10 of which are intended for the public. The golf 13 course is to be constructed makal of Lihue Airport, and is intended to enhance the amenities available to Westin's hotel operations. In considering the above requested uses and structures, the following permit standards were considered: A. Special Permit: A Special Permit is required since the rating of this Agricultural District soil is "B Class." However, this permit will be rendered moot should this project site be reclassified into the Urban District as is currently being requested by the applicant before the Land Use Commission. In determining whether the proposed use could be considered unusual and reasonable," the following 5-point Special P"ermit test was utilized: 1. The proposed use would not be considered to be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations given the site's location and access, which makes continued agricultural use (sugarcane) difficult for the landowner. The site was utilized for the cultivation of sugarcane when much of the region was being cultivated; however, the conversion of much of the land within the vicinity was to urban type uses (industrial, resort) which only magnified the site's location and access problems. The site is presently vacant and uncultivated. 2. The proposed use would not adversely affect surrounding properties. The abutting and surrounding properties are the Lihue Airport and the applicant's Kauai Lagoon Resort, of which this project will be integrated with. As no habitable structures are intended and minimal number of single story structures are intended, airport operations should not be impacted. 3. The golf course academy use would not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage and school improvements, and police and fire protection. Minimum expansion of water, sewer, and fire protective services would be needed for the proposed use, as this general area is already being serviced. No major off-site infrastructural improvements will be needed for,the project. On-site improvementso particularly the drainage system, should assist the surrounding areas. All utilities and public services are available. Where they are not, the applicant will be responsible for the appropriate upgrades and/or improvements. 14 4. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established: a. The proposed use and improvements are in response to trends and needs within the tourism industry to provide recreational options that make optimum use of existing and available resources. The development of the property as a golf course/academy is considered a traditional approach to the development of resort areas, and will be an extension of the existing resort function of the Kauai Lagoons Hotel. b. The surrounding areas have evolved into a full- fledged airport with a new runway to accommodate larger and newer aircraft and terminal in anticipation of greater volumes of traffic; and a major world class destination resort complex. Surrounded by urban types of uses and isolated locationally has rendered the project site agriculturally undesirable. 5. The nature of the surrounding and uses has rendered the subject area undesirable for active agricultural pursuits, B. Use Permit: A Use Permit is necessary for golf courses within the County's "Agriculture" District and for commercialized recreation activities within the "Open" District. Given the nature of the proposed activity, we do not anticipate adverse Impacts to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood, or detrimental to property and improvements in the area provided all proposed structures and landscaping comply with the Department of Transportation's Airports Division concerns and requirements, and adequate beach access and parking (to be discussed) be provided. Additionally, adverse environmental impacts are not anticipated based on the studies submitted with the permit application. C. SMA Use Permit: The proposed improvements to the site will not adversely affect ocean dependent resources, will improve beach access and public parking areas, will Improve the drainage characteristics of the site, will not adversely impact the historic sites on the property, and makes provisions for solid and liquid waste treatment and/or disposal in order to minimize any potential for degradation of the coastal resources. 15 Furthermore, the proposal does not: 1. involve dredging, filling or otherwise altering any bay, estuary, salt marsh, river mouth, slough, or lagoon; 2. reduce the size of any beach or other area usable for public recreation; 3. reduce or impose restrictions for public access to tidal and submerged lands, beach portion of rivers and streams within the special management area, provided the recommendations contained in this report relative to the vehicular beach access are maintained; 4. adversely affect water quality based upon the studies submitted, existing areas of open water free of visible structure, existing and potential fisheries and fishing grounds, wildlife habitats, or estuarine sanctuaries; and S. substantially interfere with or detract from the line of sight toward the sea from a State highway nearest the coast, or from existing public views to and along the shoreline. Specific areas of concern within the SM.A include the following: 1. Archaeological - A data recovery and preservation plan for the archaeological sites located on the property shall be reviewed and approved by the State Historic Preservation Officer and the Planning Department prior to any grading or grubbing of the property. For any sites to be preserved, and to prevent accidental destruction of the site, a buffer zone and barrier utilizing metal poles at least 10 ft. high, with either flagging or fencing connecting the poles shall be established, and shall be constructed prior to any grading or grubbing of the site. Such barrier shall be field checked by the Planning Department for adequacy. 2. Landscaping - The extensive land*caping proposed f6r the project will improve the quality of the coastal scene and open spaces of the site. A landscaping master plan, subject to prior review and approval, should also be required. 3. -Beach Access - The Hawaii Coastal Zone Management Act contains the following Objectives and Policies that could be considered applicable to this project: 16 Obiectives - provide coastal recreational opportunities accessible to the public; - protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. Policies Provide adequate, accessible, and diverse recreational opportunities in the coastal zone management area by: - protecting coastal resources uniquely suited for recreation activities that cannot be provided in other areas; - providing and managing adequate public access, consistent with conservation of natural resources, to and along shorelines with recreational value. insure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landform and existing public views to and along the shoreline; preserve, maintain, and where desirable, improve and restore shoreline open space and scenic resources. Although the applicant reflects public beach access (2 parking areas of 5 stalls each, and an unimproved floating lateral pedestrian easement), we are of the opinion that, given the rugged nature and length of the coastline, and the many varied fishing related activities and types that occur, vehicular access parallel to the coastline as it currently exists MUST be maintained in order to comply with the SMA and subdivision requirements of 1978 and 1980. Any diminishment of this vehicular access could be considered to be contrary to the Objectives and Policies of the Hawaii Coastal Zone Management-Act. In this instance, such vehicular access should remain unimproved, and should delineate the makai boundary of the golf course. Methods can be established and implemented to prevent vandalism to the golf course improvements. We do not believe 4-wheel drive all- 17 terrain vehicles will be a problem due to the lack of a sand beach fronting the golf course. To require coastal. users to park in only two specific areas and walk and carry their fishing gear approximately 600 to 800 feet just in order to reach two coastal areas would not be considered appropriate, nor would it benefit any recreational users of the coastline. Such a program as proposed by the applicant will only serve to discourage coastal recreational use by the local residents. 4. Desig - Since design plans have not yet been developed for the proposed structures to be constructed, the Planning CommIssion should review the plans prior to the issuance of any building permit. Design criteria should include non-reflective roof materials, no mirrored windows, exterior lighting fixtures limited to shielded lights, cut-off luminaries or indirect lighting and no spotlighting of the ocean. Relative to height, such structures should be low rise or single story, not to exceed 35 ft. If appropriate, staggered and graduated building heights and building envelopes, and the establishment of a transition zone should be utilized. 5. The Conservation District should be clearly established with a staked line utilizing wooden or metal poles a minimum of 10 ft. in height and painted for ease in visual Identification by equipment operators. This stake line should be verified in the field by the Planning Department. 6. The grading and/or grubbing plan should be subject to. review and approval by the Planning Director. The applicant should institute and maintain whatever measures are necessary, including but not limited to filter screens, siltation ponds, etc. to minimize or eliminate drainage impacts to the coastline or waters during the grading and grubbing phase of the project. D. Shoreline Setback Variance Permit: According to Chapter 20S, HRS and the County regulatfons governing shoreline setback, setbacks are required for a number of reasons. For one, there Is the potential that structures built too close to the shoreline could "disturb the natural shoreline processes and erode the shoreline." There is also the issue of "maintaining open spaces" along the coastline. Then, too, the "unrestricted removal of sand and coral could deteriorate the shoreline and remove it from public use and enjoyment." Finally, dwellings and structures built too close could be "subject to tsunami and high wave damage." 18 In light of the above objectives, a variance could be granted by the Commission if it finds either that, 1) such structure, activity or facility is in the public interest, or 2) hardship will be caused to the applicant if the request is denied. The applicant is requesting a Shoreline Setback Variance (SSV) to permit landscaping portions of the golf course (tees, fairways, and greens), and portions of the mauka-makai public access path to be constructed within the setback area. As previously @iscussed, we are of the opinion that an unimproved vehicular access road concept similar to that which exists now, and which runs parallel to the shoreline, must be maintained. Any reduction in this lateral vehicular access would be contrary to the intent of the previous SMA Permit approved in 1978, the subdivision requirement of 1980, and specific SMA objectives and policies. It would be preferable that this unimproved public access road be utilized as the makai edge of the golf course. A revised golf course design incorporating the above is subject to review and approval by the Planning Commission. Where this roadway location can still satisfy our concern, and where the golf course improvements necessitate a SSV, we would have no objection since aesthetically improving the coastline experience with open space and landscaping improvements would be in the public interest. However, such improvements should not interfere, restrict, or reduce the public's lateral access along the shoreline. Other concerns considered Included the following: 1. Agency Comments: a. State Highways Division - Since Kapule Highway will also be utilized for access for this project, certain Kapule Highway improvements required by the Highways Division but deferred by the applicant should be implemented as a part of this project. These improvements should be in place prior to the opening of this third golf course. b. Public Works Department - Relative to the future sewer ocean outfall, the applicant should install and extend the dry line from the airport during the construction of this golf course in order to preclude constr,4ction difficulties at a later date in attempting to install the outfall line across an area already developed. such cost of improvement should be credited toward the Environmental Impact Assessment fee that will be required of the applicant, if appropriate. 19 Relative to the sewage treatment plant capacity, such issue must be resolved by the applicant with Public Works prior to the issuance of any permits. 2. Lihue Development Plan and General Plan - The subject area is designated Open and Agriculture in-the Lihue Development Plan. We are of the opinion the requested uses can be considered consistent with certain of the Plan's policies such as enhancement of the existing resort concept, and the provision of public shoreline access. As to the General Plan, the nature of uses proposed could be considered consistent with the objectives sought to be accomplished by the Open and Agriculture designations. The golf course is of an open space, landscaped nature, while access to the coastline must still be maintained similar to what exists now. We concur that agricultural use of the property would not be preferable due to its location and isolation, the nearby uses and its limited access. 3. We concur that the golf course should be urbanized in this case. The applicant's intent to maintain the existing zoning designations should be made explicit, either as a restrictive covenant for the property or as an agreement with the County, that such designations should not be amended, and that residential or resort units will not be permitted. Towards that end, the applicant should amend the zoning of the property from Ag/Open to Open. Furthermore, the need to expedite the total permit process is understood instead of starting said process if and when the lands are reclassified. However, we do not feel that construction of the golf course should proceed if the land is not urbanized in this case. After the fact urbanization, we believe, circumvents the interest of the State land use law. CONCLUSION-^. Based on the foregoing findings and evaluation, it is concluded that provided the archaeological, architectural, drainage, public access and agency concerns are properly addressed and mitigated as recommended herein, the project can be designed to satisfy the objectives, policies and guidelines for development within the SMA. The Shoreline Setback Variance in this particular instance is duly warranted in that it is in the public interest. All efforts should be made to meet the 40 ft. shoreline setback 20 throughout although deviations will be considered if necessary, and provided the public vehicular access road is utilized as the makai boundary of the project where appropriate. Furthermore, with the inclusions of the mitigative measures recommended: 1. The development will not have any substantial adverse environmental or ecological effect. Any adverse environmental or ecological effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interests. The development will not have adverse effects by itself or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. 2. The development is consistent with: the objectives, policies and special management area guidelines contained in Chapter 205A of the Hawaii Revised Statutes; the objectives and policies contained in Section 3.0 of the Special Management Area Rules and Regulations of the County of Kauai (SMA Rules); and the Special Management Area guidelines contained in Section 4.0 of the SMA Rules. 3. The development is consistent with the County General Plan, the Comprehensive Zoning Ordinance of the County of Kauai, specifically Sec. 8-20.5 and 8-19.6. the Lihue Development Plan, and all other applicable ordinances. Finally, it is concluded the project in this case based on its location and surroundings can be considered an "unusual and reasonable use" within the State Land Use "Agricultura.," District utilizing the 5-point Special Permit test. RECOMMENDATION: Based on the foregoing findings, evaluation and conclusion: it is hereby recommended that Use Permit U-89-12, Special Permit SP-89-6, Shoreline Setback Variance SSV-89-2, Special Management Area Use Permit SMA(U)-89-3, and Class IV Zoning Permit Z-IV-89-12 be approved subject to the following conditions: 1. No construction shall be allowed to commence until the State Land Use Commission and Land Board of the State of Hawaii have approved the district boundary amendment and CDUA respectively. 21 2. All required landscaping and building plans shall be reviewed and approved by the Department of Transportation, Airports Division and FAA prior to submittal to the County for permit processing to ensure that height, safety, and lighting concerns have been adequately addressed. Such plans shall be stamped and dated by that agency. Any revisions to said shall follow the same process. 3. a) Prior to grading or grubbing of the property, a data recdvery and preservation plan for the archaeological sites on the property shall be reviewed and approved by the Planning Department and the State Historic Preservation officer, and such requirements completed. b) For any sites to be preserved and/or incorporated into the project, a buffer zone and barrier utilizing metal poles at least 10 ft. in height, with either flagging or fencing connecting the poles shall be established and constructed prior to any grading or grubbing of the site. Such barrier shall be reviewed and approved in the field for adequacy. c) Whenever grading or grubbing is to occur in the vicinity of the sites identified in (b) above, the consulting archaeologist shall be present and on site to oversee such activities. d) With regard to human burials, disinterment of remains and subsequent reinterment would be the appropriate course of action. Disinterment and reinterment would be conducted in accordance with existing State Health Department rules and regulations, and Chapter 6E- Historic Preservation (Haw. Rev. Stat.) as recently amended by Act 265 of the State of Hawaii Fourteenth Legislature. Act 265 requires the development, in consultation with the office of Hawaiian Affairs, of a burial treatment plan covering the disinterment, scientific study, and reinterment of Hawaiian burial remains. e) Should any additional archaeological finds other than those already identified be discovered, the applicant shall cease grading or grubbing activity in the aftected ar eas and contact the State Historic Preservation Officer and Planning Department. The Planning Commission reserves the right to impose additional conditions relating to preservation of archaeological resources if deemed necessary. 22 4. Prior to any State or County permit application applicable to the property subject of the permits herein conferred, the applicant shall submit to the Planning Commission for its review and approval, the following: a) a scale map providing: i. a designated, unimproved lateral shoreline pedestrian and vehicular access on the subject site for fishermen generally between that area commonly referred to as "Naito Beach" and moving south towards Ninini Point. said access shall follow the existing unimproved road or relocated as the makai boundary of the project. At certain points, said access may be relocated mauka of a golf tee, green, or fairway, provided that there is no break in the access; and ii. a designated, unimproved or improved lateral shoreline pedestrian access and developer- provided vehicular access on the subject site for fishermen generally between said "Naito Beach" and moving north towards Ahukini Landing. Said access shall follow the existing unimproved road or relocated as the makai boundary of the project. At certain points, said access may be relocated mauka of a golf tee, green' or fairway, provided that there is no break i@ the access; Upon approval of said scale map, applicant shall submit the necessary subdivision application to establish such access-ways described above. b) a scale map or plan depicting a minimum of ten (10) parking stalls situated on the subject property, and northern and southern vehicular accesses leading from said parking stalls to County or State roadway. systems. During construction and/or grading, alternate access areas shall be provided to the public. The applicant shall submit a map reflecting these temporary access areas, and shall publish such map in the local newspaper. c) scale depictions of the proposed signage designating the various accesses and parking stalls described hereinabove, together with a scale map or plan which locates said proposed signage: 23 d) a copy of a license agreement by which members of the public who wish to utilize the accesses and parking stalls created and described herein for fishing and such related purposes, will be afforded entry thereto, which should provide, at minimum, for the following: i. the license shall provide for vehicular access to the parking facilities described in paragraph (b) above, and shall create a right, for fishing and related purposes, to utilize such accesses and the specified parking facilities for the purposes stated herein; ii. the license shall provide vehicular and/or pedestrian access to the shoreline from the parking facilities and shall grant vehicular and/or pedestrian access along the shore- line upon the accessways designated in the scale map to be approved hereunder, the location of which shall be determined by the Planning Commission after the applicant has submitted the item described in paragraph (a) above; iii. the license may provide that the licensee, who must apply for the individual license with the applicant, must provide proof of identification and such other information deemed necessary by the applicant for the purposes of ensuring the safety of persons and the security of the subject property; the applicant's requirements for information from any prospective licensee, however, shall be reasonable, and such requirements proposed to be imposed by the applicant shall be submitted in writing to the Planning Department for review and approval prior to any and/or grubbing permit application for the subject property; iv. the license may provide that the licensee must, in light of Chapter 520, Hawaii Revised Statutes, sign an acknowledgment regarding the respective rights and liabilities of those using the lands of another for recreational purposes; V. the license shall provide that the licensee shall absolve the County of Kauai, the Planning Commission of the County of Kauai, and the applicant from any and all liability for any 24 property damage or bodily injury, or death, resulting from the licensee's use of the subject property; vi. the applicant may commence taking applications for and issuing licenses to individuals within 90 days of Planning Commission approval of these permits; vii. upon complaint to the Planning Department by any person denied a license or denied reasonable requests to enter the subject property notwithstanding possession of a license, the Planning Department shall contact the applicant's representatives for the purpose of making a determination as to whether or not the complaint is justified. If the denial by the applicant Is not justified, the Planning Department shall submit a report and recommendation to the Planning Commission regarding the permits issued hereunder; The applicant shall be responsible for the maintenance of the accesses and parking facilities created In connection with the foregoing condition, together with any improvements installed, erected, placed or constructed thereupon. e. All accesses shall be made available on a 24 hour basis. f. executed copy of any avigation and noise easement documents and maps for the entire parcel, as required by the Department of Transportation, Airports Division. 5. Prior to building and/or grading permit application, applicant shall submit construction and/or grading plans detailing the areas and types of improvements where the shoreline setback variance is to be utilized. Such, plans shall be subject to review and approval by the Planning Commission, and shall not restrict or reduce public vehicular or lateral each access as it currently exists. The shoreline setback variance approval shall not be applicable to dry wells, draining outlets, drain lines, headwalls,.structures, etc. 6. The grading and/or grubbing plan shall be subject to review and approval by the Planning Director. Applicant shall institute and maintain whatever measures are 25 necessary to minimize or eliminate drainage impacts to the shoreline and waters specifically during the grading and grubbing phase of the project. 7. Any structures proposed shall be subject to design review and approval by the Planning Commission. Design criteria shall include a 35 foot height limitation, non- reflective roof materials, no mirrored windows, exterior lighting fixtures limited to shielded lights, cut-off luminaries or indirect lighting, and no spotlighting of the ocean. If appropriate, staggered and graduated building heights and building envelopes, and the establishment of a transition zone should be established or incorporated in the design. 8. Prior to grading or grubbing of the site, the Conservation District should be clearly established with a stake line utilizing metal poles a minimum of 10 ft. in height which clearly demarks the boundaries and provides a visual identification by equipment operators. The stake line should be verified in the field by the Planning Department. 9. As recommended by the Public Works Department, the applicant shall install a "dry line" through the site during the grading aspect of the project for the future ocean outfall. 10. As a condition to issuance of Use Permit U-89-12, and pursuant to Section 8-20.5(b) of the Kauai County Code, the applicant shall, pursuant to its representations and offer, prior to any State or County permit application pertinent to the property subject of the permits herein conferred, remit the sum of $150,000.00 in the form of United States currency or valid negotiable instrument, to the Director of Finance, County of Kauai, which remittance shall specifically be utilized for the purposes of mitigating the impacts to the community reasonably anticipated to be generated by the project proposed and approved herein. 11. Other requirements and concerns of the State Highways Division, Public Works, Water and Fire Departments, and State Health Department shall be resolved and/or complied with the respective agency(ies). 12. The applicant is advised that prior to and/or during construction and use, additional government agency conditions may be imposed. It shall be the applicantI.s responsibility to resolve these conditions with the respective agency(ies). 26 13. Applicant shall submit a landscape master plan for the site for review and approval by the Planning Director in conjunction with condition 42 above. 14. Applicant shall submit a certified shoreline survey of the property prior to the issuance of any grading or grubbing permit. 15. Applicant shall conduct follow up studies relative to the applicant's Exhibits "E" (Baseline Assessment of the Marine Environment in the Vicinity of the Kauai Lagoons Golf Course, Lihue, Kauai, Hawaii) and 'IF" (Environmental Impact of Fertilizer and Pesticide Use an the Proposed Westin Kauai Lagoons Phase V Golf Course). Such studies should take place at such time the project is fully operational. Specific areas to be tested shall include, but not be limited to, the areas fronting the academy, and all areas where drainage improvements are provided that outlet to the sea. Measurements shall occur during storm and normal weather conditions. Such studies shall be submitted within one (1) year after the project becomes fully operational. The Planning Commission reserves the right to impose any conditions or requirements, if necessary, in order to address any unforseen or unanticipated problems or concerns that may result from these studies. 16. Roadways connecting the existing resort development to the proposed project shall be paved to County standards. 17. A revised beach access masterplan shall be submitted prior to building permit application. This masterplan shall reflect all beach access (vehicular and pedestrian) and parking areas and/or easements within the entire resort complex (all phases). Applicant shall notate on said master plan the document type by which each easement or area has been established and granted. The Planning Department reserves the right to add conditions upon further review. 18. Applicant shall submit a zoning amendment application to the County as discussed In this report, within 6 months from the date of completion of the golf course, if approved. Approved Recommended to Commission: BY- Michael Laureta Tom H. Shi(femoto Planner Planning Director 27 HAWAII COASTAL ZONE MANAGEMENT PROGRAM TWELFTH YEAR IMPLEMENTATION GRANT CONTRACT NO. 27112 QUARTERLY STATUS REPORT Period Covering January 1, 1990 to March 31, 1990 I. Budget II. Special Projects The Planning Department staff consulted with the Office of State Planning regarding beach erosion studies. III. SMA Permits Type of Permit No. of No. of No. of Ave. length Permits Permits Permits of time Received Approved Denied for Review SMA Major 3 3 0 37 days SMA Minor 3 2 0 1 days SMA Emergency 0 0 0 Shoreline Setback Var.: a. SSV requiring SMA 0 0 0 b. SSV not requiring 0 0 0 SMA Violations No violations were confirmed during the quarter. IV. Others The Department monitored state legislation affecting Special Management Areas and participated in lobbying and providing information to decision makers. The Department worked with OSP regarding monitoring and enforcement of the CZM Program relative to the H-PASS Program. The Department drafted proposed amendments to the County of Kauai Shoreline Setback Rules and Regulations. Staff set up a meeting with staff members of other counties to discuss and review the legislation affecting the Shoreline Setback Rules. Staff continues its regular attendance at the monthly Statewide Advisory Committee meetings. I I I I I I I I I I T\4aui County I I I I I I I I I I NOTICE OF PUBLIC HEARIN(; MAUI PLANNING COMMISSION The Maui Planning Commission of the County of Maui hereby !gPY9!PWQFtqWr: Q__ - -I.- conduct a hearing on May 22, 1990 at 9:00 a.m. in the Civil Defense Conference Room, Ist Floor, County Building, I%Yailuku, Maui on the following applications: SPECIAL MANAGEMENT AREA USE PERMIT APPLICATIONS I . MR. RONALD M. GAII-aIIE, Executive Vice-President and General Manager, Kahului Trucking & Storage, requesting a Special Management Area Use Permit to construct a 2.0 million gallon steel tank for molasses storage at Kahului, Maui, TMK 3-7-11:17 2. MR. RICHARD TAKASE on behalf of Glory Buil Hawaii, Inc., requesting a Special Management Area Use Permit to construct the 210-unit Royal Maui Kai, a three-story parking structure and on-grade parking of 725 stalls collectively, a two-story commercial complex with approximately 20,000 square feet of net leasable area, and other related improvements at Kamaole, Kihei, Maui, TMK 3-9-20:07 3. MR. TEUANE TOIMINAGA, State Public Works Engineer, Department of Accounting & General Services, requesting a Special Management Area Use Permit to construct a two-story classroom building, a one-story music building, three portable classrooms at the Lokelani Intermediate School and four portable classrooms at the Kihei Elementary School and other related improvements at Kihei, Maui, TMK 2-2-02:43 (90/SM1-012) SPECIAL MANAGEMENT AREA USE PERMIT & SHORELINE SETBACK VARIANCE 1. MR. ALVIN FUKUNAGA, Director, Department of Public Works, requesting a Shoreline Setback Variance and Special Management Area Use Permit to construct a concrete lined channel, box culvert and other related improvements for the proposed Mahinahina Channel and Flood and Erosion Control Project at Mahinahina, Lahaina, Maui, TMK 4-3-06:16, 41, 43, 51, 70 (90/S,111-014) CHANGE IN ZONING 1. MR. ARDEN HENDERSON, President, Maui Electric Company, Ltd., requesting a Change In Zoning from County Agriculture to 11-1-2 Heavy Industrial District for approximately 14.958 acres of land at 'Maalaea, Maui, TMK '3-8-05:25 (go/CIZ-10) The subject public hearing will be conducted.in accordance with the Hawaii Revised Statutes, the Maui County Code and the rules of the Maui Planning Commission. Informatiol pertaining to the subject applications are on file in the Office of the County of Maui Planning Department, 200 S. High Street, Wailuku, Maui. All testimony regarding the subject application must be filed in writing with :he 0 0 Planning Department before the date of the hearing or presented at the time of the hearing. Depury Planning Director It COUNTY OF MAUI PLANNING DEPARTMENT Zoo S. HIGH STREET WAILUKU. MAUI. HAWAII 96793 November 8, 1989 Mr. Henry Sheldon HASEK0 MANAGEMENT AND INVESTMENT INC. 820 Mililani Street, Suite #820 Honolulu, Hawaii 96813 Dear Mr. Sheldon: RE: Special Management Area Use Permit for the proposed 9,600 square feet Honokowai Shopping Village and gasoline pumps at TMK: 4-4-1: 14, Honokowai, Maui. At its regular meeting on November 7, 1989, the Maui Planning Commission reviewed the above request and after due deliberation, voted unanimously to grant the subject Special Management Area Use approval in accordance with plans dated July 10, 19810, (Exhibit B), subject to the following conditions: i. That the conditions of this Special Management Area Use Permit shall be self enforcing and, accordingly, upon due notice by the Planning Department to the permit holder and the Planning Commission that there is prima facie evidence that a breach has occurred the permit shall be automatically suspended pending a hearing on the continuity of such Special Management Area Use Permit, provided that written reque;t for such a hearing is filed with the department within ten (10) days of the date of receipt of such notice of alledged breach. If no request for hearing is filed within said ten (10) day period, the Planning Commission may revoke said Special Management Area Use Permit. 2. That subject Special Management Area Use Permit shall not be transferred without the prior written approval of the Planning Commission. However, in the event that a contested case hearing preceded issuance of said Special Management Area Use Permit, a public hearing shall be held upon due published notice, including actual written notice to the last known addresses of parties to said contested case and their counsel. 3. That the applicant, its successors and permitted assigns shall exercise reasonable due care as to third parties with respect to all areas affected by subject SDecial Management Area Use Permit and shall hold the County oil: Maui harmless from and against any loss, liability, claim or demand arisina out of this permit. Mr. Henr_ Sheldon 'i November 8, 1989 Page 2 4. That the construction of the proposed project shall be initiated within a period of two (2) years from the date of the granting of the Special Management Area Use Permit. 5. That appropriate measures shall be taken during construction to mitigate the short-term impacts of the project relative to soil erosion from wind and rain, and ambient noise levels and traffic disruptions. 6. That full compliance with the comments of the Department of Public Works, as identified in their memo dated October 6, and 30, 1989 (as amended), shall be rendered, unless written verification has been obtained that these conditions have been either modified or deleted. 7. That full compliance with the conditions of the Department of Transportation, Highways Division as identified by their letter dated September 27, 1989, shall be rendered... 8. That full compliance with the Department of Water Supply as identified by their letter dated September 15, 1989, shall be rendered. 9. That full compliance with the Department of Health as identified by their letter dated September 18, 1989, shall be rendered. 10. That full compliance with all applicable governmental requirements shall be rendered. 11. That any changes and or modifications to this permit shall be referred to the Maui Planning Commission for its review and approval. 12. That the hours of operation for the Shopping Village shall not exceed 12:00 a.m. 13. That full compliance with the comments of the Urban Design Review Board as identified by their letter dated October 25, 1989 shall be rendered. A copy of the Director's Report and Recommendations dated November 7, 1989 is enclosed for your reference. Mr. Henry Sheldon November 8, 1989 Page 3 Thank you for you cooperation. Should you have any questions, please contact Mr. Daren Suzuki of my staff. Very truly yours, CHRISTOP ER L. HART Planning Director DS:ms cc: LUCA T. Ishikawa A. Yoshimori D. Suzuki BEFORE THE MAUI PLANNING COMMISSION COUNTY OF AAUi STATE OF HAWAII In the matter- of petition of MR. HENRY SHELDON on behalf of Docket No. 89/SM1-036 HASEKO MANAGEMENT & INVESTMENT, INC.) Mr. Henry Sheldon on oehalf of Haseko Management & requesting a Special Management Area) Investment, Inc. Use Permit to construct the proposed) 9,bOO square foot honokowai Shopping) Village along with gasoline pumps at) TMK 4-4-1:14, Honokowai, Maui. DIRECTOR'S-REPORT November 7, 1989 Special Management Area Use Permit Department of Planning County of Maui 200 S. High street Wailuku, Maui, HI 96793 Br"'FORE THE AAUI PLANNING COMAISS.-ION COUNTY OF MAUI STATE OF HAWAII in tne matter ot petition of MR. HENRY SHELDON on behalf of Docket No. 89/SMI-036 HASEXO MANAGEMENT & INVESTMENT, INC. Mr. Henry Sheldon on behalf of Haseko Management & requesting a Special Management Area) Investment, Inc. Use Permit to construct the proposed) 9,600 square foot Honokowai Shopping) Village along with gasoline pumps at) TAK 4-4-1:14, Honokowai, Maui. DIRECTOR'S REPORT Findings of Fact Procedural Matters The Special Management Area Use Permit application was received by the Planning Department on July 17, 1989. The application was deemed complete and ready for processing by the Department of Public Works per memo dated August 4, 1989. Site Information The project site is located on the mauka side of Lower Honoapiilani Road, across the Kaanapali Shores and Embassy Suites. It is bounded by the North and East by the Honokowai Flood Control channel and on the South by sugarcane fields. It consists of .@78' acres (38,245 sq. ft.) of land, and is approximat-ely 500 feet from the shoreline. (Exhibit A) The property is undeveloped and was recently as a site for a portable concrete batching facility for the construction ot the Emoassy Suites Hotel. The general area of the project slopes gently at about I to 2 percent in the Northerly direction towards Honokowai Channel. The onsite elevations range from 14 feet to 19 feet mean sea level. The soil classification of the site is described as Pulehu Silt Loam by the USDA Soil Conservation Service. -2- Proposed ?roject The proposed retail commercial shopping village will contain 9,600 square feet of business tloor space distributed in 3 one-scor-i buildings approximately 35 feet in height. A gasoline pumping iacility will aiso be located on the Northerly portion of tne project site with appropriate vehicular movement lanes to avoid on-site traffic congestion. The principal access to the project will be located directlv across from the entry way to the EmIDassy Suites Hotel. A secondary driveway is proposed on the Nortnerly portion of the site for right turn exits only. The exit only access will serve to facilitate vehicular movement within the shopping village. (Exhibit B) The project design consits of cement plaster and heavy timber for the structure, and concrete tile for the roof. (Exhibit C) Xhe completed project will contain appropriate landscaping to provide a buffer from the highway and serve as a screen to the flood control channel and fencing, An architecturally defined entry was to the main shopping area consiting of flag poles, lanascape plantings and signs will provide a focal point for the project. 1--7 - The project will have 33 off-street parking stalls and two (2) loading zones. Appropriate improvements such as landscaping, roadway improvements drainage systems, sewer connections and water service will be constructed base on County requirements. All of the County infrastructural assessments will be fulfilled during the construction permitting stages for the project. The drainage report shows that there will be no adverse effects by storm runoff from the construction of the proposed project to the adjacent and downstream properties. Said report indicates that the on-site drainage would be collected and discharged into the recently contructed Honokowai Flood Control Channel. Also, the impact of any off-stie drainage will not be a concern due to the completion of the Flood Control project. (Exhibit D) The vehicular access to the project will be from Lower Honoapiilani Road. It presently has a 50 feet right-of-way with a average of 30 feet pavement. According to the Traffic Impact Analysis Report the proposed project will not. generate any adverse traffic impact at the project site and at the intersection of Lower Honokowai Road and Honoapiilani.Highway. -3- Land Use Designations 1. State Land Use Designations -- Urban 2. Lahaina C ommunity Plan -- Business/Commercial 3. County Zoning -- B-2 Business Zone 4. The entire project site is located within the Special Management Area. Agency Reivew The subject Special Management Area Use Permit application has been forwarded to the following agencies for their review and comment: 1. Department of Public Works -- memo dated October 6, 1989 (Exhibit E) 2. Department of Transportation -- letter dated September 27,1989 (Exhibit F) 3. Department of the Army -- letter dated September 27, 1989 (Exhibit G) 4. Department of Water Supply -- letter dated September 15, 1989 (Exhinit H) 5. Department of Health -- letter dated September 18, 1989 (Exhibit I) 6. Department of Interior -- letter dated September 12, 1989 (Exhibit J) Development Assessment Pursuant to Section 2-9.4 Significant Criteria of the Special Management Area Rules and Regulations of the County of Maui. 1. Involves an irrevocable commitment to loss or destruction of any natural or cultural resources. The proposed project site does not contain any natural or cultural resources as determined by serveral on-site surveys. Therefore, the project will not be a commitment causing a loss or destruction of any natural or cultural resources. -4- Signiticantly curtails tne range of oeneff-".cal uses of the environment. Because tne project site has been designated in the Lahaina Community Plan as 'Business" and zoned as B-2 Business District by the County, and because tne Surrounding area has been developed with hotels, condominiums, and business uses, the beneficial uses of the area has been pre-determined for business type land uses. Accordingly, the proposed project Will be consistent with such determination. 3. Conflicts with the County or the State's long term environmental policies or goals. The.State and County's environmental policies and goals, in part, call for protective measures and concerns to be directed toward the preservation of natural and cultural resources including the protection of the shoreline resources. r2he proposed project does not conflict with said policies and goals inasmuch as there are no known natural and cultural resources on the project site and the site is located considerably inland of the shoreline. 4. Substantially affects the economic or social welfare and activities of the community, County, or State. The proposed project will have a positive contributory impact on the economy, especially during construction of the pro3ect through the employment of construction workers. The proposed project should not have any significant adverse impact on the social welfare of the community since the project is relatively small, containing a maximum of 9,600 sq. ft. of floor space, and will not cause any undue burden on public services. 5. Involves substantial secondary impacts, Such as population changes and increased effect on public facilities, streets, drainage, sewage, and water systems and p@destrian walkways. With the fulfillment of all of the governmental requirements for public facility services such as water assessments, drainage improvements, etc., the proposed project should not involve any substantial secondary impact on public services. 6. In itself has no significant adverse effect but cumulatively has considerable effect uponthe environment or involve a commitment for larger action. Inasmuch as the proposed project site is located in an area presently developed with high-rise condominiums, hotels and business uses, the proposed project should not add or have any significant effect upon the environment or involve a commitment for larger action. -5- 7. Sun-stantially aftects a rare, 'threatened, a., endangered species ot animal or plant, or its haoitat. Several on-site surveys indicated that the project site has oeen graded and contains serveral larce trees. No known rare or threatened species of plants or animals were observed. Accordingly, the project will not have any impact on rare or threatened plant or animal life. 8. Substantially and adversely affects air or water quality and ambient noise levels. During construction, it is anticipated that there will be an impact on air quality and ambient noise levels because of the use of construction equipment and dust caused by construction activity. These impacts will be mitigated through strict adherence to all State and County regulations pertaining to construction activities. The quality of off-shore waters should not be impacted due to the inland location of the pro3ect and due to the requirements for drainage control. 9. Substantially affects an environmental sensitive area, such as flood plain, shoreline, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water or coastal waters. The project and its location, along with the completion of the Honokowai Flood Control Channel, are such that the environmentally sensitive areas should not. be substantially affected. For example, the project site is no longer in the flood area as defined by the Flood Insurance Rate Maps due to the new flood control channel. The shoreline should not be affected due to the inland location of the site and there are no estuary or erosion-prone areas. 10. Substantially alters natural land forms and existing public views to and along the shoreline. The proposed project will not affect the view to the shoreline due to the preemption of the view to the shoreline oy the existing high-rise development on the makai side 6f the project site. Analysis Relative to Part II, Section 2-8.3.b of the Special Management Area Rules and Regulations of the County of Maui: a. Sensitive areas will not be altered or impacted since environmental or ecological effects are not anticipated, as the proposed project is consistent. with the current and future developments in the area; and does not border the shoreline. -6- b. The proposed project is consistent with Part II Section 2-8.1 and 2, Special Management Area. objectives, policies and guidelines. C. The proposed project is consistent with the State Land use District, County Land Zoning, Lahaina Community Plan and other applicable ordinances. Conclusion 'The proposed project is consistent with Part II, Section 2-8.3.b of the Special Management Area Rules and Regulations of the County of Maui and is not anticipated to create and environmental or ecological effects. Dated this 7th day of November, 1989, Wailuku, Maui. Hawaii. STOPHEI L. HART Planning D rector -7- County of Maui Hawaii czm Program FY 1989-1990 Narrative Report: October 1, 1989 - December 31, 1989 1. Support and participate in monitoring programs. The Planning Department continued to be a resource to DBED' monitoring programs by providing appropriate information and assistance for the quarter. f 2. support and participate in CZM related programs. The County of Maui's CZM staff, the Planning Department and the Department of Public Works continued to support and participate in Czi4 related programs. 3. Administer SMA development activities. In order to fulfill the objectives and policies of the Hawaii CzM program, the County of Maui's CZM staff and the Planning Department continued to provide the services necessary to administer all developments and activities within the Special Management Area. During the quarter, the following number of permits were processed: No. of No. of No. of Average Length Permits Permits Permits of time Type of Permit Received Approved Denied for Review SMA major 13 11 0 90 days SMA Minor 58 57 1 15 days SMA Emergency 0 0 0 0days SMA Amendments 1 1 0 60 days SMA Extensions 4 4 0 60 days SMA Transfer 2 2 0 60 days Shoreline Setback Variance: a) SSV requiring SMA 1 1 0 60 days b) SSV not requiring SMA 0 0 0 0days Attached please find a listing of the eleven (11) approved Special Management Area Permits and the Director's Reports and approval letters pertaining to each project. These documents incorporate the tollowing: a. Background information on the affected property and surrounding properties. b. Description of the project. c.. Assessment of the environmental impacts. d. The project's consistency with the Special Management Area objectives and policies. e. The projects consistency with the County General Plan, Zoning and other applicable ordinances. f. Letters of support or opposition from the public with regard to significant issues of the project. g. Conditions of approval. 3 4. Facilitate and support public participation. The Planning Department continued to facilitate and support public participation by consistantly emphasizing the role of public input in the Special Management Area Permit decision making process and other development activities. 5. Attend CZM meetings. As necessary, CZM and other related meetings were attended by the CZM and Planning Staff. 6. Coordinate, facilitate and streamline review process. In its capacity as the Central Coordinating Agency (CCA), the Department of Public Works has continued to administer and coordinate the development of the application process in relation to the requirements of the CZM program. During the past quarter, sixteen (16) Special management Area Permit Applications were reviewed by the CCA to ensure that all the required information for processing was submitted. (See attached SMA application listing) 7. Enforce compliance with CZM laws and permit conditions. Field inspections have been conducted by the Public Works staff to monitor compliance with SMA permit conditions, rules and regulations. During the quarter, eleven (11) citations were issued, lViolations attached) APPLICANT TMK: DESCRIPTION ACTION TAKEN OF VIOLATION Charles 4-9-03:10 Erected Bar/Refreshment Legal action Foreman Refreshment Stand to be taken w/o SMA Permit Charles 4-9-03:10 Erected Two Tents Legal action Foreman w/o SMA Permit to be taken Charles 4-9-03:10 Erected Lifeguard Legal action Foreman Stand/Water Related to be taken Equipment Rack w/o SMA Permit Charles 4-9-03:10 Erected Sign Legal action Foreman Stand/Water Related to be taken w/o SMA Permit Charles 4-9-03:10 Condition #1 of 5/15/85 Legal action Foreman SMA Permit No Identifi- to be tak4n cation Signage Charles 4-9-03:10 Condition #3 of 5/15/85 Legal action Foreman SMA Permit Building to be taken within Shoreline Setback area Tom Corbin 4-6-08:04 Erected Activities Booth Legal action President and Sign w1o SMA Permit to be taken Maui Venture Capital Co. 4 Tsukie N. 4-6-08:04 Erected Activities Booth Legal action Fushikoshi and Sign w/o SMA Permit to be taken Hana Day 1-4-04:29 Erected 2-story structure Legal action Care Center w/o SMA Permit to be taken Ernest Mendes 3-1-01:19 Erected Roadside Stand Legal action w/o SMA Permit to be taken Richard A. & 2-6-02:03 Erected Bath Structure Legal action Lynn Rasmussen w/o SMA Permit to be taken 8. Facilitate and assist the coordinating of reviews. For the quarter ending December 31, 1989, seventeen (17) SMA Major Permits, and four (4) SMA Minor Permit applications, and one (1) SAA amendment application were received by the Public Works Department for review and comment. 9. Staffing. Maui County's CZM Program experienced staffing changes during this quarter. Two (2) CZK coordinator positions became vacant and are expected to be filled shortly. 5 Department of Public Works special Management Area Permit Application Listing for the period: October 1, 1989 - December 31, 1989 The following Special Management Area Applications were received by the Land Use and Codes Administration for review to ascertain that all required information for processing has been submitted: 1. MR. B. MARTIN LUNA on behalf of Keo Kai Development, TMK: 3-9-04:portion of 134 -- The application was received on October 9, 1989, for the proposed Keonekai Villages at Kihei, Maui and held in abeyance to the absence of a letter of authorization. It was received and thereafter transmitted to tne Planning Department on October 17, 1989. 2. MR. ALVIN FUKUNAGA, Director of Public Works, County of Maui, TMK: 3-1-02:2; 3-1-04:126; 3-1-04:6 -- The application was received on October 16, 1989, for the proposed Kahakuloa Drainage System at Kahakuloa, Maui, and thereafter transmitted to the Planning Department on October 20, 1989. 3. MR. DAN T. KOCHI, Deputy Director of Harbors, State of Hawaii, Department of Transportation, TMK: 3-6-01:2 -- The application was received on October 13, 1989, for the proposed Maalaea Boat Harbor Improvements at Maalaea, Maui, and held in abeyance to the absence of signature on application and map defining the 50U-feet notification boundary. It was received and thereafter transmitted to the Planning Department on November 22, 1989. 4. MR. JAMES E. PAVISHA, Project Director, The Ritz-Carlton Hotel Co., TMK: 4-2-01:4, 5, 13, 14, 34, Portion of 12 & 18 -- The application was received on October 16, 1989, for the proposed Ritz-Carlton Kapalua Hotel at Kapalua, Maui and held in abeyance to the absence of letter of authorization, preliminary drainage report, preliminary plans, plot plan, landscape, irrigation and lighting plans. It was received and thereafter transmitted to the Planning Department on November 16, 1989. 5. MR. HERBERT K. YIM, President/CEO, Molokai General Hospital, T14K: 5-3-09:17 -- The application was received on October 31, 1989, for the proposed Physicians Office Building at Kaunakakai, Molokai and held in abeyance to the absence of signature on application, environmental assessment, correct list of owners within the notification boundaryf and map defining the 500-feet notification boundary. It was received and thereafter transmitted to the Planning Department on December 18, 1989. 6. MR. PAUL R. MANCINI on behalf of Dujardin Development Co., TMK: 3-9-04:132 -- The application was received on November 1, 1989, for the proposed Kihei View Apartments at Kihei, Maui and held in abeyance to the absence of letter of authorization. It was received and thereafter transmitted to the Planning Department on November 16, 1989. 7. MR. ROBERT HARTMAN on behalf of McDonald's of Hawaii Development Co., TMK: 3-9-05:17 -- The application was received on November 7, 1989, for the proposed McDonald's Restaurant and Menehune Golf Course at Kihei, Maui and held in abeyance to the absence of landscape lighting and graphics plan and additional set of submittals. It was received and thereafter transmitted to the Planning Department on December 18, 1989. 8. MR. B. MARTIN LUNA on behalf of Rose Royce, Dorvin Lewis, and Kihei Plaza, TMK: 3-9-20:10, 14, & 29 -- The application was received on November 13, 1989, for the proposed Rainbow office Plaza and Rainbow Villas at Xihei, Maui and thereafter Lransmitted to the Planning Department on November 16, 1989. -6- tects Hawaii Ltd. on behalf of MR. STANLEY T. YASUMOTO, Archi Maui Marriott, TMK: 4-4-06:29 -- The application was received on November 13, 1989, for the proposed renovations at Maui Marriott Hotel, Kaanapali, Maui, and held in abeyance to the absence of certified shoreline map. It was received and thereafter transmitted to the Planning Department on December 1, 1989. iQ. MR. ALVIN FUKUNAGA, Public Works Director, County of Maui, TMK: 4-3-06:16, 31, 41, 51, 43, 64, & 70 -- The application was received on November 13, 1989, for the proposed Honolua Watershed and Mahinahina Channel/Desilting Basin at Honolua, Maui, and held in abeyance to the absence of a current certified shoreline map, drainage report, and construction plans. 11. MR. UWE SCHULZ, on behalf of Holy Innocents Episcopal Church, TMK: 4-6-08:42 -- The application was received on November 14, 1989, for the proposed Columbarium at Lahaina, Maui and thereafter transmitted to the Planning Department on November 24, 1989. 12. MR. JOSEPH HARTLEY, Executive Vice-President, Maui Land Pineapple Co., TMK: 3-8-52:9 -- The application was received on November 15, 1989, for the proposed Employee Housing at Kahului, Maui and held in abeyance to the absence of the second story floor plan and landscape lighting and irrigation plans. It was received and thereafter transmitted to the Planning Department on December 14, 1989. 13. MR. RUSSEL L. BURNS, Vice President, Baldwin Pacific Properties, Inc., TMK: 2-2-02:42 -- The application was received on November 15, 1989, for the proposed Piilani Multi-Family Project at Kihei, Maui and held in abeyance to the absence of color rendering. 14. MR. WILLIAM S. HOGARTY, Senior Vice President, Wooley/Sweeney Hotel #12, TMK: 3-9-20:9 -- The application was received on November 28, 1989, for the proposed Kihei Regency Apartment at Kihei, Maui and held in abeyance to the absence of notarized letter of authorization, signature on notification notice, landscape irrigation and lighting plans, and colored rendering. It was received and thereafter transmitted to the Planning Department on December 15, 1989. 15. MR. WILLIAM MCKEON on behalf of John Corboy, M.D., TMK: 5-3-01:82 -- The application was received on November 17, 1989, for the proposed Eye Clinic at Kaunakakai, Molokai and held in abeyance to the absence of environmental assessment and public hearing notification form. 16. MR. ORMOND L. KELLEY on behalf of Jim Slemons Enterprises Inc. TMK: 3-7-11:02 -- The application was received on December 26, 1989 for the proposed Vovlo Sales and Services Facilities at Kahului, Maui and held in abeyance to the absence of environmental assessment and landscape lighting and irrigation plans. Department of Planning Special Management Area (SMA) Major Permits, Extensions, Amendments and Transfers and Shoreline Setback Variances Processed and Acted on by the Maui Planning Commission: October 1, 1989 to December 31, 1989 1. MR. HIDEKI HAYASHI, Vice President' TSA International, Ltd., requesting Special management Area Use Permit to construct 200 multi-family residential units in four 2-story building clusters with an office-laundry building, swimming pool, children's play area and other related improvements at the proposed Kiawe Terrace Project, Kihei, Maui, TMK: 3-9-01:11. Granted approval on October 10, 1989 2. MR. HANS RIECKE on behalf of Moon & Hart, requesting a Special Management Area Use Permit time extension and a change in permit holder for a proposed 18-unit apartment project located at Kihei, Maui, TMK: 3-9-16:02. Granted approval on October 10, 1989. 3. MR. LEE OHIGASHI on behalf of Finance holdings, Ltd., requesting a transfer of permit holder from James and Linda Markum to Finance Holdings, Ltd. for the approved Special Management Area Use Permit for the proposed 18-unit apartment building at Lahaina, Maui, TMK: 4-5-07:04. Granted approval on October 10, 1989. 4. MR. HOWARD NAKAMURA, Acting General manager, Wailea Resort Company, Ltd., requesting a Special Management Area Permit and Step I Planned Development approval for the proposed 24-lot Wailea SF-10 residential subdivision at TMK: 2-1-08:portion of 42, Wailea, Maui. Granted approval October 24, 1989. 5. MR. B. MARTIN LUNA on behalf of the County of Maui and the Maui Community Arts and Cultural Center requesting a Special Management Area Use Permit to construct a cultural and arts center at the Maui Central Park, Wailuku, Maui, TMK: 3-8-07:portion I and 3-7-01:portion 2. Granted approval on October 24, 1989. 6. MR. MARK HENDERSON IVES requesting an amendment to the Special Management Area Use Permit for the construction of a 60-unit condominium complex and accessory building to include ten employee housing units at TMK: 4-3-10:32, Kahana, Maui. Granted approval October 24, 1989. 7. MR. DAVID P. LEWIS requesting Special management Area Use Permit for the proposed 38 single family residential lot Keonekai Estates Subdivision at Kihei, Maui, TMK: 3-9-14:02 and 03. Granted approval November 7, 1989. 8. MR. HENRY SHELDON on behalf of Haseko management and Investment, Inc., requesting a Special Management Area Use Permit to construct the proposed 9,600 square feet Honokowai Shopping Village consisting of a convenience store with gas pumps, take-out food restaurants, shops, parking, landscaping and other related improvements at Honokowai, Maui, TMK: 4-4-01:14. Granted approval on November 7, 1989. 8 9. MR. ERIC MAEHARA on behalf of Seibu Hawaii, Inc. requesting a Special Management Area Use Permit for the expansion of the makena Golf Course to include a 18-hole golf course, cart storage structure, parking and other related improvements at Makena, Maui, TMK: 2-1-05:108 and 2-1-08:90. Granted approval on November 21, 1989. 10. MR. HEDEKI HAYASHI, Vice-president, TSA International, Ltd., requesting a Special Management Area Use Permit and Step I Planned Development approval for the proposed Lali Honua Villas pro]ect at Wailea, Maui, TMK: 2-1-08:59 and 91. Granted approval on November 21, 1989. 11. MR. B. MARTIN LUNA on behalf of Horita-Maui, Inc., requesting a Shoreline Setback variance to construct improvements to the Kenolio Drainageway as part of the Kaonoulu Estates Project at Kihei, Maui, TMK: 3-9-01:15. Granted approval on November 21, 1989. 12. MR. B. 14ARTIN LUNA on behalf of Horita-Maui Inc., requesting a special Management Area Use Permit for the Kao No Ulu Estates Project consisting of 220 single-family houselots; a 220-unit apartment complex within 29 buildings; drainage improvements to the Kulanihakoi and Kenolio Drainageways; and other related improvements at the proposed Kao No Ulu Estates Project at Kihei, r4aui, TMK: 3-9-01:15, 48 and portion of 149. Granted approval on November 21, 1989. 13. MR. PUNDY YOKOUCHI requesting a time extension of a Special Management Area Use Permit for the Hawaiian Sea Village project at TMK: 4-4-06:45, 46 and portion of 32. Granted approval on November 21, 1989. 14. MR. JAMES NIESS on behalf of Landmark Development Company, Inc., requesting a Special management Area Use Permit for the proposed nine (9) unit, two story Kanoe Palms apartment building at Kihei, Maui, TMK: 3-9-17:16. Granted approval on December 5, 1989. 15. MR. WARREN UNEMORI on behalf of Kenolio Place Partners requesting a Special Management Area Use Permit for a proposed 16-lot residential subdivision along Kenolio! Road, Kihei, Maui, TmK: 3-9-28:03. Granted approval on December 5, 1989. 16. MR. B. MARTIN LUNA, on behalf of Stouffer Wailea Beach Resort, requesting a transfer of permit holder of an approved Special Management Area Use Permit and Shoreline Setback Variance to Wailea Seaside Company, Ltd., and approval of modifications to the architectural plans, TMK: 2-1-08:67, Wailea, Maui. Granted approval on December 5, 1989. 17. MR. CHARLIE NALEPA on behalf of West Maui Taxpayer Association', requesting a Special Management Area Use Permit for the proposed Napili Fire Station and related improvements at Alaeloa, Lahaina, Maui, TMK: 4-3-03:110. Granted approval on December 19, 1989. 18. MR. WARREN SUNNLAND requesting a Special Management Area Use Permit time extension for the Longs Retail Business Center, TMK: 3-9-02:30 and 109. Granted approval on Decemger 19, 1989. 19. MR. B. MARTIN LUNA requesting a Special Management Area Use Permit time extension for the Grand Champions Beach Resort Pro3ect, TMK: 2-1-08:62, Wailea, Maui. Granted approval on uecemuer 19, 1989. -9- FILE NO. SUA/LDW 89.3 Date 4 OCTOBER 1989 LAND USE AND CODES ADMINISTRATION COUNTY OF MAUI NOTICE OF VIOLATION TO: Owner Charles Foreman Mailing Address 355 HUKILIKR ST, KAHULUI, HI 98732 TO: Contr./Lessee/Tenant Mailing Address RE: CONSTRUCTION OF BAR/REFRESHMENT STAND W/O A MINOR ADDRESS HOU PALLOA LANDING, KAUHAI, LANAI TAX MAP KEY 4-9-03:10 PERMIT NO. NONE Building Building Type Constr. Addition Stories ALteration Repairing Remodel Demolition Moving Reconstruction Misc. Structure Dimension Dimensations Foundation Floor Area Sq. Ft. Floor Roof Roof Overhang Ceiling Basement Floor I have inspected the above described structure and/or premises and have found the following violations of the County of Maui's codes and/or ordinances governing same: Codes and/or Ordinance(s) and Section(s) MIAMI COUNTY COOK Violation(s) "Development" means any of the uses, activities or operations in land w/in the SMD ... to include the placement or erection of any solid material (B/R stud) or ... w/o first obtaining a minor SMD permit (Definition 24). You are requested to: Stop Work! Apply for permit for the work performed as required by law, by 19 Submit copies of Building Plans and Plot Plans of project, when applying for a permit. x Stop-Work! Please contact CARL W by 10/16 1989 before doing any more work. Remove all unauthorized work by 19 . Please call the undresigned after removal is completed. Start making corrections immediately and complete all work by 19 . Please call the undersigned after corrections have been made. PLEASE BE ADVISED THAT IF NO ACTION IS TAKEN, THIS MATTER WILL BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR APPROPRIATE ACTION. Inspector: Ph. 244-0760 FOR DIRECTOR OF PUBLIC WORKS I I i I I I I I I I DLNR I I I I I I I I I I AGENDA FOR THE MEETING OF THE BOARD OF LAND AND NATURAL RESO 0Fs APR 2 3 I DATE: APRIL 27, 1990 OFFICE OF STATE PLANNING TIME: 9:00 A.M. PLACE: BOARD ROOM, ROOM 132 KALANIMOKU. BUILDING 1151 PUNCHBOWL STREET HONOLULU, HAWAII B. DIVISION OF AQUATIC RESOURCES 1. REQUEST FOR APPROVAL TO AMEND/EXTEND AGREEMENTS WITH THE RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII (RCUH) AND THE UNIVERSITY OF HAWAII (UH) DURING FY 1990-1991 C. DIVISION OF FORESTRY AND WILDLIFE 1. REQUEST TO ENTER INTO AN AGREEMENT FOR SUPPLEMENT NO. 2 OF THE MASTER COOPERATIVE AGREEMENT WITH THE NATURE CONSERVANCY D. DIVISION OF WATER AND LAND DEVELOPMENT 1. APPROVAL FOR AWARD OF CONTRACT - JOB NO. 3-9W-H, KUALAPUU RESERVOIR IMPROVEMENTS, MOLOKAI E. DIVISION OF STATE PARKS I . OUT OF STATE TRAVEL REQUEST TO ATTEND THE THIRD INTERNATIONAL CONFERENCE ON GROUND PENETRATING RADAR 2. APPROVAL TO HIRE A CONSULTANT TO PROVIDE ASSISTANCE IN AUTOMATING THE STATE PARKS DIVISION-WIDE OFFICE INFORMATION SYSTEM 3. PERMISSION TO NEGOTIATE WITH THE FRIENDS OF IOLANI PALACE, INC., AND EXECUTE DOCUMENT FOR A MANAGEMENT CONTRACT FOR IOLANI PALACE, BARRACKS, CORONATION PAVILION AND OLD ARCHIVES (KANAINA) BUILDING, HONOLULU,OAHU F. DIVISION OF LAND MANAGEMENT 1. TRANSNHTTAL OF- DOCUMENTS FOR BOARD CONSIDERATION: (a) ASSIGNMENT OF GENERAL LEASE NO. S-4027, COMMUNICATIONS SATELLITE CORPORATION (COMSAT), ASSIGNOR, TO MOTOROLA COMMUNICATION INTERNATIONAL, INC., ASSIGNEE, MOUNT KAALA, MOKULETA, WAIALUA, OAHU, TMK 6-7-03:21 (b) ASSIGNMENT OF GENERAL LEASE NO. S-5082, GERALD L. POTTORF AND MARION TO. KUNIKIYO, ASSIGNORS, TO WARD HOLMES, ASSIGNEE, LOT 53, PUU KA PELE PARK LOTS, WAIMEA (KONA), KAUAI (c) MEMORANDUM OF AGREEMENT WITH U.S. DEPARTMENT OF NAVY FOR SAFETY ZONE AREA AT BARKING SANDS, KEKAHA, WAIMEA (KONA), KAUAI (d) SUBLEASE BETIArEEN TOKAIRLkYON CO., LTD., SUBLESSOR, AND DR. WAYNE MATSUYAMA, ET AL. PENDLETON TAX SERVICE, AND BANK OF HAWAII, SUBLESSEES, WESTRIDGE SHOPPING CENTER, KALAUAO, EWA, OAHU, TMK 9-8-13:14 (e) CANCELLATION OF REVOCABLE PERMIT NO. S-6244 TO ERNEST K. NAPUUNOA AND ISSUANCE OF REVOCABLE PERMIT TO ROSABELLA LUKELA RAMOS COVERING GOVERNMENT LAND OF KAHAKULOA VALLEY, KAHAKULOA, WAILUKU, MAUI, TMK 3-1-04:POR. 49 -2- (n ASSIGNMENT OF GENERAL LEASE NO. S-4459, LAWRENCE BALBERDE, JR., ASSIGNOR, TO PAUL JEROME BALBERDE, ASSIGNEE, LOT 21, PANAEWA FARM LOTS, 2ND SERIES, WAIAKEA, SO. HILO, HAWAII, TMK 2-2-56:18 2. SET ASIDE OF STATE LAND UNDER CONTROL AND MANAGEMENT OF THE DEPARTMENT OF HEALTH FOR THE NEW HONOKAA HOSPITAL SITE, NAMOKU AND HAINA, HAMAKUA, HAWAII, TMK 4-5-10:91 3. REQUEST FOR GRANT OF DRAINAGE EASEMENT AND CONSTRUCTION RIGHT-OF-ENTRY AT KAANAPALI, LAHAINA, MAUI, TMK 4-4-06:SEAWARD OF 5 4. AMENDMENT TO PRIOR BOARD ACTION CONCERNING CONSTRUCTION RIGHT-OF-ENTRY TO COUNTY OF MAUI, DEPARTMENT OF WATER SUPPLY AT HONOKOWAT, LAHAINA, MAUI, TMK 4-4-02:18 5. CITY AND COUNTY OF HONOLULU REQUESTS PERPETUAL, NON-EXCLUS[VE EASEMENT FOR WALL PURPOSES, MOANALUA ROAD, PALI MOMI STREET TO AIEA INTERCHANGE, FAUS PROJECT NO. M-7200(l), AIEA, HAWAII, TMK 9-9-38:62 6. DEPARTMENT OF TRANSPORTATION REQUESTS AUTHORIZATION TO DISPOSE OF SURPLUS HIGHWAY REMNANT, KALIHI, HONOLULU, OAHU 7. HONOLULU GAS COMPANY REQUESTS CANCELLATION OF GENERAL LEASE NO. S-3702, WAHIAWA, OAHU 8. SET ASIDE OF STATE LAND AT MOANALUA, OAHU FOR DEPARTMENT OF LAND AND NATURAL RESOURCES, DIVISION OF LAND MANAGEMENT STORAGE AREA AND MAINTENANCE YEAR 9. DEPARTMENT OF ACCOUNTING AND GENERAL SERVIC E*S REQUESTS SET ASIDE OF LAND FOR ADDITION TO THE STATE CAPITOL (TERRITORIAL OFFICF.S/E.O. 1600), HONOLULU, OAHU 10. DEPARTMENT OF BUDGET AND FINANCE REQUESTS AMENDMENT TO DEPARTMENT OF THE ARMY SUBLEASE FOR MAUNA KAPU COMMUNICATION STATION SITE, CONTRACT NO. DACA 84-3-88-24, MAKAKILO, OAHU 11. AMENDMENT OF REVOCABLE PERMIT NO. S-6460 TO WAIANAE VALLEY RANCH COMPANY, WAIANAE, OAHU, TMK 8-5-06:11 12. REQUEST TO AMEND QUITCLAIM DEED CONVEYING LAND FROM GSA TO STATE OF HAWAII, GSA CONTROL NO. 9-N-HI-465 A (LAND OFFICE DEED S-27660), TMK 1-1-10:4, MOANALUA, HONOLULU, OAHU 13. CONVEYANCE OF PROPERTIES BETWEEN THE STATE OF HAWAII AND THE CITY AND COUNTY OF HONOLULU, HONOLULU, OAHU 14. AMENDMENT TO GENERAL LEASE NO. S-3747 TO THE U.S. DEPARTMENT OF THE AIR FORCE IN CONNECTION WITH ITS JOINT USE WITH THE FEDERAL AVIATION ADMINISTRATION AND THE HAWAII AIR NATIONAL GUARD FOR THE MOUNT' KAALA LONG RANGE RADAR FACILITY AT MOUNT KAALA, OAHU 15. KAUAI RACING ASSOCIATION REQUESTS RIGHTS-OF-ENTRY TO UTILIZE KAUAI RACEWAY PARK, MANA, KAUAI (TO BE DISTRIBUTED) H. ADMINISTRATION 1. APPROVAL FOR STAFFTO ATTEND INTERNATIONAL CONFERENCE 2. REQUEST FOR APPROVAL TO ENTER INTO A RESEARCH CONTRACT WITH THE UNIVERSITY OF HAWAII 3. PERMISSION FOR A COST EXTENSION CONTRACT TO CARRY OUT AQUACULTURE MARKET RESEARCH AND DEVELOPMENT -2- -3- 4. MASTER PLAN SUBMITTAL FOR ELEMENTS OF WAIMEA FALLS PARK, OAHU; APPLICANT: MR. CHARLES J. PIETSCH, ASSOCIATES FOUR S. CONSERVATION DISTRICT USE APPLICATION (CDUA) FOR COMMERCIAL TOUR USE OF MANUKA STATE WAYSIDE, KAUMAHINA STATE WAYSIDE, AND DIAMOND HEAD STATE MONUMENT; APPLICANT: RON IlEILLY, ISLAND BICYCLE ADVENTURES 6. CDUA FOR PROPERTY SUBDIVISION AND CONSOLIDATION, KAALAEA, OAHU; APPLICANTS: THE FONG FAMILY AND THE MARGARET L. WATSON TRUST; AGENT: MR. DAVID BILLS, GRAY, HONG, BILLS AND ASSOCIATES 7. AFTER-THE-FACT CDUA FOR A RECREATIONAL CABIN, WAILAU, MOLOKAI; APPLICANT: MR. DOUGLAS T. LEGRANDE 8. CDUA FOR A NONCONFORMING SINGLE FAMILY RESIDENCE AT HAENA, KAUAI; APPLICANT: RICHARD ANAWALT 9. REQUEST TO EXTEND THE INITIATION DEADLINE OF CDUA OA-2161: ADDITION TO A SINGLE FAMILY RESIDENCE; APPLICANT: JOHN RAPP 10. REQUEST FOR TIME EXTENSION CDUA FOR A CABLE SHIP TERMINAL AND STORAGE FACILITY, SAND ISLAND, OAHU; APPLICANT: J.R. FULLERTON, MANAGER; AMERICAN TELEPHONE AND TELEGRAPH CO. (AT&T) 11. REQUEST FOR A SECOND 90-DAY TIME EXTENSION OF A CDUA FOR THE DEVELOPMENT OF A DOCK, LANDING AREA AND PROTECTIVE GROIN, AND FOR THE DREDGING OF A CHANNEL, ETC., IN WAIULUA BAY, SOUTH KOHALA, HAWAII; APPLICANT: HRW LIMITED PARTNERSHIP; AGENT: BELT COLLINS AND ASSOCIATES 12. REQUEST FOR TIME EXTENSION ON THE CDUA FOR AN ADMINISTRATIVE RULE AMENDMENT TO ESTABLISH A SPECIAL SUEZONE, SUBDIVISION AND EDUCATIONAL USE PERTAINING TO THE DEVELOPMENT OF THE HONUA HAWAII CULTURAL CENTER; APPLICANT: DIVISION OF LAND MANAGEMENT, DEPARTMENT OF LAND AND NATURAL RESOURCES 13. REQUEST FOR A TWO-YEAR TIME EXTENSION OF AN APPROVED CDUA FOR A SUB DIVISION/CONSOLIDATION, LANDSCAPING, AND RELATED IMPROVEMENTS FOR THE WESTIN KAUAI HOTEL AT LIHUE, KAUAI, HAWAII; APPLICANT: HEMMXTERIVMS KAUAI COMPANY 11 14. REQUEST FOR A TIME EXTENSION ON CDUP HA-2145 FOR A UTILITY AND ACCESS EASEMENT AT PUAKO, SOUTH KOHALA, HAWAII; APPLICANT: MR. RANDOLPH B. STOCKWELL 15. REQUEST FOR A TIME EXTENSION ON CDUP OA-1636 FOR A ROADWAY EASEMENT AT KAHANA VALLEY, OAHU; APPLICANT: BOARD OF WATER SUPPLY 16. TEMPORARY VARIANCE REQUEST TO CONDUCT ARCHAEOLOGICAL FIELD RESEARCH AT NA PALI COAST STATE PARK, KAUAI; APPLICANT: DR. TERkY L. HUNT 17. SAND ISLAND INDUSTRIAL PARK DEVELOPMENT AGREEMENT DIVISION OF CONSERVATION AND RESOURCES ENFORCEMENT 1. APPOINTMENT OF LICENSE AGENT: TOM CHRISTY DBA CAST AND CATCH, ISLAND OF KAUAI 2. FILLING OF POSITION NO. 2952, CONSERVATION AND RESOURCES ENFORCEMENT OFFICER V, ISLAND OF KAUAI -3- -4- 1, OTHER DEPARTMENTS 1. LEASE - HONOLULU INTERNATIONAL AIRPORT, OAHU (UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION 2. APPLICATION FOR ISSUANCE OF REVOCABLE PERMITS 4646, ETC., AIRPORTS DIVISION 3. ISSUANCE OF LEASE BY DIRECT NEGOTIATION, FORT ARMSTRONG, HONOLULU HARBOR, OAHU (AMERICAN PRESIDENT LINES, LTD.) 4. ISSUANCE OF REVOCABLE PERMIT, HARBORS DIVISION, NATIONAL MARINE FISHERIES BUILDING, KEWALO BASIN, OAHU (PARADISE CRUISE, LTD.) 5. ISSUANCE OF REVOCABLE PERMIT, HARBORS DIVISION, HILO HARBOR, HAWAII (SUISAN COMPANY, LTD.) 6. ISSUANCE OF REVOCABLE PERMIT, HARBORS DIVISION, PIERS 13/14, HONOLULU HARBOR, OAHU (OCEAN ICE, INC.) 7. AMENDED: ISSUANCE OF REVOCABLE PERMIT, HARBORS DIVISION, HILO HARBOR, HAWAII (UNITED STATES COAST GUARD) 0; LAND & NATURAL RESOURCES P.O.Box 621 1@onolulu, Hawaii 96809 JOHN WAIHEE GOVERNOR OF HAWAII WILLIAM W. PATY, CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES STATE OF HAWAII DEPARTMENT OF LAND AND NAUTRAL RESOURCES P.O. BOX 621 HONOLULU, HAWAII 96809 DEPUTIES Keith W. AHue MANABU TAGOMORI RUSSELL N. FUKUMOTO AGRICULTURE DEVELOPMENT PROGRAM AQUATIC RESOURCES CONSERVATION AND ENVIRONMENTAL AFFAIRS CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE LAND MANAGEMENT STATE PARKS WATER AND LAND DEVELOPMENT FILE: OA-9/26/89-2322 180-Day Exp. Date: 3/25/90 SUSPENSE DATE: Three weeks DOC.: 7210E MEMORANDUM TO: The Honorable Harold S. Masumot, Director Office of State Planning FROM: WILLIAM W. PATY, Chairperson Board of Land and Natural Resources SUBJECT: REQUEST FOR COMMENTS Conservation District Use Application APPLICANT: Mr. George L. Kekuna FILE: OA-9/26/89-2322 REQUEST: Installing and operating a water level sensor system in Kawainui Marsh LOCATION: Kawainui Marsh, Oahu TMK: 4-2-16: 1 PUBLIC HEARING: YES X NO Your comments regarding the request will be greatly appreciated at your earliest convenience. Should you require additional infor- amtion on the application, please contact Don Horiuchi of my staff, at 548-7837. WILLIAM W. PATY Attachment JOHN WAIHEE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES P.O. BOX 621 HONOLULU, HAWAII 96809 WILLIAM W. PATY, CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES DEPUTIES Keith W. Ahue MANABU TAGOMORI RUSSELL N. FUKUMOTO AQUACULTURE DEVELOPMENT PROGRAM AQUATIC RESOURCES CONSERVATION AND ENVIRONMENTAL AFFAIRS CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE LAND MANAGEMENT STATE PARKS WATER AND LAND DEVELOPMENT FILE NO.: OA-9/26/89-2322 180-Day Exp. Date: 3/25/90 DOCUMENT NO.: 7207E Mr. George L. Kekuna Deputy Director Designate Civil Defense City and County of Honolulu 650 South King Street Honolulu, Hawaii 96813 Dear Mr. Kekuna: NOTICE OF ACCEPTANCE AND ENVIRONMENTAL DETERMINATION Conservation District Use Application This acknowledges the receipt and acceptance for processing your application to install and operate a water level sensor system in Kawainui Marsh. According to your information, you propose to install two remote water level sensing devices at Kawainui Marsh. The primary gage location will be immedidately adjacent to the level. The secondary gage location will be at the U.S.G.S. stream station 2540 in Kawainui Stream. After reviewing the application, we find that: 1. The proposed use is a conditional use within the Protective subzone of the Conservation District according to Administrative Rules, Title 13, Chapter 2, as amended; 2. A public hearing pursuant to Section 183-41, Hawaii Revised Statutes (HRS), as amended, is required for this proposed use, and; 3. In conformance with Title 11, Chapter 200, of the Administrative Rules, a negative declaration was determined for the proposed action. Mr. George L. Kelu,-, 2 - Doc. 7207E Since a public hearing is required, an additional $50.00 public hearing fee is required for your application. Please remit this fee to us as soon as possible. Also please be advised that it will be your responsibility to comply with the provisions of Section 205A-29(b), Hawaii Revised Statutes, relating to Interim Coastal Zone Management (SFe-cial Management Area) requirements. Negative action, as required by Law, on your application by the Board of Land and Natural Resources can be expected should you fail to obtain from the Country thirty (30) days prior to the 180-day expiration date, as noted above, one of the following: 1. A determination that the proposed development is outside the Special Management Area (SMA); 2. A determination that the proposed development is exempt from the provisions of the county ordinance and/or regulation specific to Section 205A-29(b), HRS; or 3. A Special Management Area (SMA) permit for the proposed development. Pending action on your application by the Land Board in the near future, your cooperation and early response to the matters presented herein will be appreciated. Should there be any questions, feel free to contact our Office of Conservation and Environmental Affairs staff at 548-7837. V tr ly our WILLIAM PATY Attachment cc: U.S. Fish and Wildlife Service C&C Dept. of General Planning C&C Dept. of Land Utilization C&C Dept. of Parks and Recreation C&C Board of Water Supply DOE/OEQC/EC/OHA/OSP e7r tr ly ) 9ur @AAM.(@ LI STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES P.O. BOX 621 HONOLULU,HAWAII 96809 DEPARTMENT MASTER APPLICATION FORM FOR DLNR USE ONLY Reviewed by Date Accepted by Date Docket/File No. 180-Day Exp. EIS Required PH Required Board Approved Disapproved Well No. (Print or Type) I. LANDOWNER/WATER SOURCE OWNER (If State land, to be filled in by Government Agency in control of property) Name City and County of Honolulu Address 650 So. King St. Honolulu, Hawaii 96813 Telephone No. 523-4121 SIGNATURE Date September 22, 1989 II. APPLICANT (Water Use, omit if applicant is landowner) Name Mr. George L. Kekuna Oahu Civil Defense Agency Address 650 So. King St. Honolulu, Hawaii 96813 Telephone No. 523-4121 Interest in Property Flood Hazard Mitigation. See Atch 1 For Evide (Indicate interest in property; submit written evidence of this interest) *SIGNATURE Date: September 22, 1989 * If for a Corporation, Partnership, Agency or ORganization, must be signed by an authorized officer. III. TYPE OF PERMIT(S) APPLYING FOR ( ) A. State Lands (x) B. Conservation District Use ( ) C. Withdraw Water From A Ground Water Control Area ( ) D. Supply Water From A Ground Water Control Area ( ) E. Well Drilling/Modification IV. WELL OR LAND PARCEL LOCATION REQUESTS District Windward Island Oahu County C&C of Honolulu Tax Map Key 4-2-16:1 Area of Parcel 599.559 Acres (Indicate in acres or sq. ft.) Term (if lease) N/A -1- IL JOHN WAINEE IAM W. PAry. CHAIRPERSON IL fIR4011 OF MAWAII 9F LAND AND NATURAL AESOUACES 04PUTIES LiI [-"KEITH W '. AHUE IMANASU TAGOMORI 9USSELL IN.FUKUMOTO 0:-*-`fCE:DF STIATc p STATE OF HAWAII--- A011ACULTURE DEVELOPMENT @PROGRAM DEPARTMENT OF LAND AND NATURAL RESOURCES AOUATIC RESOURCES CONSERVAT ON AND P. 0. BOX 621 FNVIRONMENTAL AFFAIRS @5 1) CONSERVATION AND HONOLULU. HAWAII 96809 RESOURCES EHr-ORCEMENT CONVEYANCES REF:OCEA-VIN FORESTRY AND WILDLIFE LAND MANAGEMENT STATE PARKS WATER AND LAND DEVELOPMENT File: OA-8/17/89-2310 180-Day Exp. Date: 2/13/90 VA 6 1990 Doc.: 7545E MEMORANDUM TO: Manabu Tagomorit Deputy Director Division of Water and Land Development FROM: William W. Paty, Chairperson Board of Land and Natural Resources SUBJECT: Conservation District Use Application for "Pia Well" at Niu Valley, Oahu, Hawaii; TMK 3-7-15: 64 We are pleased to inform you that your Conservation District Use Application for "Pia Well" was approved by the Board of Land and Natural Resources on January 26, 1990, as a "Permitted use," subject to the following conditions: 1. The applicant shall comply with all applicable statutes, ordinances, rules and regulations of the Federal, State and County governments, and applicable parts of Section 13-2-21, Administrative Rules, as amended; 2. The applicant, its successors and assigns, shall indemnify and hold the State of Hawaii harmless from and against any loss, liability, claim or demand for property d-zmagc, personal injury and death arising out of any act or omission of the applicant, its successors, assigns, officers, employees, contractors and agents under this permit or relating to or connected with the granting of this permit; 3. If historic remains such as artifacts, shell or charcoal deposits, burials, and stone pavings are found during construction or required restoration work, the applicant must stop work in the area and contact the Historic Preservation Program (at 548-7460), immediately; that office is authorized to assess the situation and make recommendations for mitigative action, if needed. Manabu Tagomori 2 - OA-2310 4. Before proceeding with any work authorized by the Board, the applicant shall submit four (4) copies of drilling and landscaping plans, and specifications, to the Chairperson or his authorized representative for approval for consistency with the conditions of the permit and the declarations set forth in the permit: application; three (3) approved copies to be returned to the applicant, plan approval by the Chairperson (or authorized representative) not to imply approval required of other agencies. 5. The applicant is required to use only such landscaping material as may be acceptable to this Department, to prevent erosion, to be installed according to a landscaping plan submitted to this Department for approval (see Corjd-4tions 4 and 6.1. 6. Ground exposed or vegetation disturbed subsequent to this authorization shall be revegetated within ninety (90) days of the termination of stockpiling at: the site, unless otherwise provided in a plan (and schedule) on file with and approved by this Board or its authorized representative. 7. Appropriate measures shall be exercised to prevent construction materials, debris, petroleum deriatives, etc., from entering or polluting streams or the surrounding area; upon the completing of test pumping, all debris, drilling and pumping materials and equipment shall be removed. 8. Any drilling work to be done on the land shall be initiated within one (1) year of the approval of such use, and all work and construction must be completed within three (3) years of the approval of such use. 9. The use of the property is limited -to those articulated in the application. 10. The proposed exploratory well is to be drilled within the existing reservoir fence enclosure. 11. The applicant is allowed to conduct pumpage tests for up to seven days, 24 hours per day. All operations are to be conducted in conformance with the State Department of Health regulations regarding noise (Chapters 11-42 and 11-43 of the Administrative Rules). The contractor shall use mufflers and other means for noise control. All noise muffling equipment shall be properly maintained and repaired or replaced as needed. Manabu Tagomori - 3 - OA-2310 12. The applicant shall provided written notification of drilling schedules and conditions (i.e. "up to seven days, 24 hours a day") to all adjacent homeowners within 500 yards of the site and provide written documentation of such notification to the Department prior to initiation of drilling. 13. That failure to comply with any of these conditions shall render this Conservation District Land Use application null and void; and 14. Approval is subject to other terms and conditions as may be prescribed by the Chairperson. Please acknowledge receipt of this permit, with the above noted conditions, in the space provided below. Please sign two copies; retain one and return the other one within thirty (30) days, please. Should you have any questions on any of these conditions, please feel free to contact our Office of Conservation and Environmental Affairs staff at 548-7837. WILLIAM W. PATY Receipt acknowledged Applicant's Signature cc: Oahu Board Member Oahu Land Agent C&C Dept. of General Planning C&C Dept. of Land Utilization C&C Board of Water Supply OHA/OSP/DOH '@ATY JOHN WAIHEE GOVERNOR OF HAWAII STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES P.O. BOX 621 HONOLULU, HAWAII 96809 WILLIAM W. PATY, CHARIPERSON BOARD OF LAND AND NATURAL RESOURCES DEPUTIES MANABU TAGOMORI RUSSELL N. FUKUMOTO AQUACULTURE DEVELOPMENT PROGRAM AQUATIC RESOURCES CONSERVATION AND ENVIRONMENTAL AFFAIRS CONSERVATION AND RESOURCES ENFORCEMENT CONVEYANCES FORESTRY AND WILDLIFE LAND MANAGEMENT STATE PARKS WATER AND LAND DEVELOPMENT File No.: KA-5/22/89-2255 Doc. No.: 7213E JAN 23 1990 Mr. Miguel Godinez P.O. Box 508 Hanalei, Kauai, Hawaii 96714 Dear Mr. Godinez: Subject: Conservation District Use Application for Commercial Kayaking Expeditions form Haena, Kauai, Along the Na Pali Coast to Polihale State Park, Kauai We are writing to inform you that the Board of Land and Natural Resources, on November 17, 1989, denied your subject application for the following reasons: 1. The proposed commercial use is inconsistent with the objectives of the Resource and Limited subzones; 2. The proposed use represents an expansion of existing authorized uses and a potential hazard to the safety of passengers and crews of your proposed operations; and 3. The Na Pali Coast area has reached its design carrying capacity, subject to further studies to be authorized by the Board. Should you have any questions, please feel free to contact Jay Lembeck of our Office of Conservation and Environmental Affairs, at 548-7837. Very truly yours, WILLIAM W. PATY Mr . Miguel Godinez - 2 Doc. 7213E Receipt acknowledged Applicant's Signature Date cc: Kauai Board Member Kauai Land Agent Kauai County Planning Department OSP/OHA/DOT I I I I I I I I I I I DOH A I I I I I I I I JO N AIHEE RNOR F -STATE -PLAt4f'@011aV BU ME QUALITY CON MARVItsl@T. MIURA.Ph.D. E OF Q4VIRON F DIRECTOR olume VII April 8, 1990 No. 7 REGISTER OF CHAPTER 343, HRS DOCUMENTS The OEOC Bulletin is a semi-monthly publication. The publication dates of the bulletin are the eighth and twenty-third of each month. Applicants should deliver an appropriate number of Draft and Final ElSs to the accepting authority before submitting copies to OEQC for distribution and publication. Environmental Assessments should be submitted to the accepting authority directly, Based on the assessment, the accepting authority will submit to OEQC a determination of a Negative Declaration or a Preparation Notice for publication in the bulletin. Draft and Final Environmental Impact Statements must be received by the fifth and twentieth days of the month for publication in the respective issue. Negative Declarations and Preparation Notices must be received at least five working days prior to, the publication date. All documents submitted for publication in the OEOC Bulletin should be delivered to the Office of Environmental Quality Control, 465 South King Street, Room 104, Honolulu, Hawaii 96813. To ensure proper processing of documents, please attach OEOC Bulletin Publicatio.n Form with all submittals. These forrns can be obtained by calling OEQC at 548-6915. CONTENTS NEGATIVE DECLARA71ONS 0 OAHU DISTRICT PAGE Kaleiopuu Elementary School Ewa 2 Kalihi Valley Exploratory Well Honolulu 2 Rodiek-Walker House Restoration Honolulu 3 Kakela Beach Park Acquisition Koolauloa 3 Makaha Bridge Numbers 3B, 4. 5, and SA Restoration Makaha 4 Plantation Road - 12 Inch Water main and Appurtenances Waianae 4 EIS PREPARATION NOTICES 0 HAWAII Kaflua Park Expansion Project North Kona 4 DRAFT ENVIRONMENTAL DAPACT STATEMENTS 0 MOLOKAI Makolelau District - Nearshore Desflting Project Makolelau 6 0 OAHU Honolulu Rapid Transit Development Project - Alternatives Analysis and Draft Environmental Impact Statement Honolulu 6 Kaahumanu Parking Structure Redevelopment Honolulu 7 Country Courses at Kahuku (Malaekahana) Koolauloa 8 Country Courses at Kahuku (Punamano) Koolauloa 9 Kawela Bay Desilting Project Koolauloa 9 FDLOLL ENVIRONMENTAL IMPACT STATEMENTS PAGE 1 Api d 8, 19@-,O .0 HAWAII DISTRICT PAGE Hawaii Commodities Irradiation Facflity Hflo 10 Honokohau Industrial Park North Kona 10 0 OAHU Hawaii Film Facility Expansion at Diamond Head Honolulu 11 Keehi Lagoon Recreation Plan Honolulu 11 Malulani Sports Complex Koolaupoko 12 Oceanic Institute Master Plan for the Center For Applied Aquaculture Makapuu Point 12 Honbushin Mission International of Hawaii MilUani 13 NOTICES 0 AVAMABILM OF REPORT Hawairs Environment 1988: The Annual Report of the Environmental Council 14 0 EIS ADVISORY Environmental Assessments and Notices of Determination 14 o WMING NOTICE Oahu Wastewater Management 14 0 ENVIRONMENTAL NOTES Endangered Hawaiian Plant Information is HawaOs Own Endangered Species is Earth Deeds/Earth Thoughts 17 0 PUBLIC NOTICE Shoreline Certification Applications 19 The Depaxtment of Accounting and General Services NEGATIVE DECLARATIONS proposes to consauct an approximately 9,000 square foort reinforced concrete and masonry serving kitchen/dining room building. This project wffl be constructed in an area which had been graded as part of the construction The following actions have been determined to have little work for the first increment of the school. or no impact upon the envirorunent. Environmental The project wUI provide the school with a much-needed Impact Statements are not required of these projects. facility to implement its program in accordance with Those who wish to contest this determination have a 60- Educational Specifications. Since the project will be day period, from this publication date, in which to constructed within the existing school campus, no land initiate litigation. Any questions regarding the following wffl be removed from the tax base. The estimated cost projects should be directed to the listed contacts. of the project is $1,442,000. OAHU KALIHI VALLEY EXPLORATORY WELL KALEIOPUU ELEMENTARY SCHOOL Location: Honolulu, Oahu Location: Ewa, Oahu TMK- 1-4-18:06 TMK. 9-4-02:16 Proposing City and County of Honolulu Proposing Department of Accounting and Agency: Board of Water Supply Agenc)r General Services Contact: Lawrence Whang (527-6138) Contact: Mark Yamabe (S48-7660) PAGE 2 OEQC BULLETIN April 8, 1990 The Board of Water Supply, City and County of Honolulu, The project site encompasses 5.691 acres. The property proposes to drill an exploratory well in Kalihi Valley to is almost completely enclosed by rock walls and fences, determine the quantity and quality of water available at with the exception of three access ways. The main the site. The well is located on land owned by the Board entrance and exit are located on Pali Highway, and there of Water Supply and falls within the State Conservation is a rear service gate off Jack Lane. District Area. This well site is about 75 feet above Kalihi Stream and north of the suburban residential area at There are two existing dwellings on the site, the historic about 550 feet elevation, 800 feet south of Likelike Rodiek-Walker house and the caretaker's building. The Highway. proposed use would add one single-family dwelling to. the site and replace the existing caretakees building with a An area of about .75 to 1.0-acre will be cleared and new, relocated one. In addition to the dwellings, there graded at the project site to accommodate well drilling are several other sauctures involved. The existing tennis and support equipment and necessary supplies. All court will be restored. The small pavilion in the excess material from the clearing and grading the project Japanese garden will be repaired and several site will be disposed at an approved location for this type outbuildings, including the restroorn building, will be of material. Once the area has been cleared, a temporary demolished. fence may be erected to secure the project site. The project will involve drilling a hole about 16 inches in diameter to a depth of 50 feet. Once the drilling is completed, a 12-inch diameter steel casing will be KAKELA BEACH PARK ACQUISITION grouted into place, and an additional 100 feet of open Location: Koolauloa, Oahu hole shall be drilled. A pump will be installed and a TMK:_ 5-5-01:54 series of aquifer tests conducted to determine the sustained well capacity and water quality. Upon Proposing City and County of Honolulu completion of the tests, the pumv will be removed, and Agency- Department of Parks and Recreation the well will be capped. The estimated project' duration Contact: Walter M. Ozawa (S27-6343) is six months, and the estimated cost of this project is approximately $110,000. The Department of Parks and Recreation is proposing to acquire an 11.115-acre private beach park currently owned by the corporation of the President of the Church of Jesus Christ of Latter Day Saints. Zions Securities Corporation currently maintains and manages use of the RODIEK-WALKER HOUSE RESTORATION property. After City acquisition, the Department of Parks Location: Honolulu, Oahu and Recreation will assume responsibility for maintenance TMK. 1-8-08:01 and managemenL Permitting Department of Land City ownership of Kakela Beach Park will allow casual Agency, Utilization public day use without any perrnits. However, organized Contact: Ardis Shaw-Kim (527-6256) group outings and camping will require Permits from the City Department of Parks and Recreation. The property Applicant: Masao Nangaku is designated Park on the Koolauloa Development Plan c/o Spencer Mason Architects Public Facilities Map. City Ordinance No. 89-153 appropriated $7 million to acquire Kakela Beach Park. The applicant has requested a Conditional Use Permit, Type 2 to restore the 1904 Rodiek-Walker house for use as a corporate retreat, and approval to place three dwelling units on a single zoning IoL The three dwellings will be the Rodiek-Walker house, a new house for the owners, and a replacement for the existing caretaker's building, in a new location. PAGE 3 April 8, 1990 MAKARA BRIDGE NUMBERS 3B. 4. 5 AND SA The proposed water main will be constructed within the REPLACEMENT pavement and shoulder area of Plantation Road. Location: Makaha, Oahu Intrusion into the pavement areas of Fan-ington Highway TMK: 8-3-various and Waianae Valley Road are required to make necessary connections to existing water mains. The proposed water Proposing main shall be constructed of either poly-wrapped ductile Agency: Department of Transportation iron or polyvinyl chloride pipe. Contact: Dennis Imada (548-7493) The estimated construction time for the proposed water The Department of Transportation is proposing the main is nine months. It is estimated that the replacement of four existing wooden bridges with four construction will begin about August 1990. The new wider concrete bridges along Farrington Highway. estimated construction cost is $700,000 funded by the Roadway approach work at both ends of the structures Board of Water Supply. will also be made to provide a smooth transition from the existing road to the new bridges. The alignment of the existing streams which run under the bridges will remain unchanged. EIS PREPARATION NOTICES The new concrete bridges will provide the same vertical clearance as the existing wooden bridges and will meet the Federal Highway Administration guidelines. New The following actions have been determined to have concrete abutments will be constructed as well as new significant impacts upon the environment. Environmental concrete piers making the new bridges one, two or three Impact Statements will be prepared for these projects. A span structures. Pre-cast concrete planks will be used for 30-day consultation period commences with the initial the new bridge decks. Concrete vertical face railings and publication of these projects in the bulletin (see deadline 8 foot wide shoulders will be provided on both sides of dates). The purpose of soliciting comments during the the bridges. Estimated project cost is $3,890,000. consultation period is to establish the scope and the depth of coverage that the Draft EIS should have. HAWAII PLANTATION ROAD - 12-INCH WATER MAIN AND APPURTENANCES Location: Waianae, Oahu KAILUA PARK EXPANSION PROJECT TMK_ 8-5-01 Location: North Kona, Hawaii 8-5-03 TMK. 7-5-05:07 & 83 8-5-19 Accepting Proposing City and County of Honolulu Authority- Governor, State of Hawaii Agency: Board of Water Supply Contact- Lawrence Whang (S27-5138) Proposing Hawaii County Agency* Department of Parks and Recreation The Board of Water Supply, City and County of Honolulu, is proposing the installation of approximately 3,760 linear Please send your comments to: feet of 12-inch water main along Plantation Road, extending from Farrington Mghway to Waianae Valley Consultant: James H. Pedersen Road. Within Farrington Mghway, connection will be Planning Consultant made to an existing 20-inch main. Within Waianae P. 0. Box 22 Valley Road, connection will be made to an existing 12- Volcano, Hawaii 9678S inch main. Also proposed is the installation of air relief valves and gate valves. PAGE 4 OEQC BULLETIN April 8, 1990 and a copy of your comments to OEQC, attention 0 Multi-purpose Field - a large open field that Dr. Marvin T. Miura, Director would support various sport activities such as football, track and field events, soccer and Deadline: May 8, 1990 softball. The Department of Parks and Recreation. County of 0 BMX Track - A relocated bic cle motorcross track , y Hawaii is proposing a master plan for new site to replace the existing track. improvements and facilities at its present 'old Kona Airport site.* 0 Tennis Courts - four new tennis courts to be placed adjacent to the existing ones. The County of Hawaii presently shares the old Kona Airport site with facilities belonging to the State of 0 Horseshoe Throw - a horseshoe pitching area to Hawaii, Department of Land and Nann-al Resources, State replace the existing facility wiH be provided in Parks Division. Present facilities provided and maintained the area makai of the existing ball fields. by the County include two softball fields, a football field, two soccer fields, four tennis courts, an basketball court, 0 Parking - a total of 750 parking stalls for cars are a bicycle motorcross, horseshoe pits, playground to be provided at the park site. equipment, and a community center structure. Parking is abundant at the site with unstructured parking areas Existing facilities to remain include tennis courts, soccer on open portions of the old airport runway. The State of fields, ball fields, community center and playground. Hawaii provides a large special events pavilion and beach Estimated cost of this project is approximately $7.3 recreation facilities at the north end of the old airport million. site. The proposed Kailua Park is located approximately 1/2 mile north of the center of Kailua-Kona in the district of DRAFT ENVIRONWXrAL UAPACT STATEMENT'S North Kona. The site is bordered by a residential subdivision on the west (Kailua Bay Estates), the State Parks portion of the old Kona Airport on the north, and vacant land to the east and south. Kuakini Highway terminates at the park site. In 19,86, twenty acres were A 45-day review period commences with the initial added to the County park site, which is approximately 34 publication of these projects in the bWletin (see deadline acres, through a 40-year lease with the Sate of Hawaii. dates). ElSs listed in this section are available for review It is on this added portion that the new improvements of at the following repositories: the Kailua Park Master Plan are proposed for 0 Office of Enviro=ental Quality Control construction. 0 Legislative Reference Bureau The Master Plan for Kailua Park proposes to provide the 0 Municipal Reference and Records Center following improvements to the existing park site: (Oahu ElSs) 0 University of Hawaii Hamilton Library 0 Gymnasium - approximately 15,000 square feet in 0 State Main Library size with provisions for basketball, volleyball, 0 Kaimuki Regional Library multi-purpose recreation/meeting facilities, 0 Kaneohe Regional Library bathrooms, lockers, staff accommodations, and 0 Pearl City Regional Library storage. The gymnasium proper would seat 0 Hilo Regional Library approximately 1,500 spectators. 0 Wailuku Regional Library 0 Lihue Regional Library 0 Swimming Pool - pool with accessory locker and 0 Branch library in closest proximity to the shower facilities areas. Bleachers are also project proposed for the pool with seating capacity in Please send your comments to the accepting authority the 400 spectators range. with a copy to the applicant or proposing agency (see PAGE S OEQC BULLETIN April 8, 1990 listed contacts). OEQC would also appreciate a copy of through an existing drainage culvert. The project would your comments. be undertaken and completed within six months following issuance of appropriate permits. MOLOKAI MAKOLELAU DISTRICT - NEARSHORE DESILTING OAHU PROJECT Location: Makolelau, Molokai TMK. 5-5-01:38 HONOLULU RAPID TRANSIT DEVELOPNSW PROJECT - Please send your comments to, ALTERNATIVES ANALYSIS AND DRAFT Accepting Department of Land and Natural ENVIRONMENTAL IN9ACT STATE Authority- Resources Location: Honolulu, Oahu TMIC. Various P. 0. Box 621 Honolulu, Hawaii 96809 Please send your comments to: with a copy of your comments to OEQC, attention Dr. Accepting Mayor, City and County of Marvin T. Miura and: Authority: Honolulu Honolulu Hale Applicant: Grace Land Investments, Inc. 530 South King Street c/o William A Brewer, Brewer/Brandman Honolulu, Hawaii 96813 Associates 1188 Bishop Street, Suite 3411 with a copy of your comments to OEQC, attention Honolulu, Hawaii 96813 Dr. Marvin T. Miura, Director and: Deadline: April 22, 1990 Proposing City and County of Honolulu Agency, Department of Transportation Services The proposed action involves the removal of an estimated c/o Mark Scheibe, Parsons Brinckerhoff 5,000 to 10,000 cubic yards of accumulated silt deposits Quade & Douglas, Inc. from the nearshore and intertidal zone. The proposed Two Waterfront Plaza, Suite 220 project site encompasses an area of about six acres and Honolulu, Hawaii 96813 is located between Panahaha and Kawiu Fish Ponds. Both fish ponds and adjacent uplands are owned in fee Deadline: May 23, 1990 by the applicant The objective of this project is to restore the recreational potential of a 600-foot-long The proposed action is an improvement of the transit beach. system 'in the urban Honolulu, Hawaii, area from Waiawa, through Downtown Honolulu, to Waikiki and A six-inch portable hydraulic cutterhead suction dredge, the University of Hawaii. Three transportation deployed on' pontoons, would be utilized to remove alternatives were considered: unconsolidated deposits and restore the natural grade to the nearshore and intertidal zones. The dredge can move 0 A 'No-Build" or *Do Nothing" alternative which is approximately 200 cubic yards of material per hour up to based on the existing bus system of 47S buses/ a distance of 3,000 feet. Dredge spoils, consisting largely of silt, would be pumped via pipeline to a previously 0 A Transportation System Management alternative cleared dewatering site located on the north side of based on an expanded bus system of 997 buses; Kamehameha V Highway (East Molokai Road). The and dewatering site encompasses about 2.25 acres of generally flat, previously disturbed, Agriculture-zoned 0 A fixed guideway with feeder bus system. land. The pipeline would be routed under the highway PAGE 6 OEQC BULLETIN April 8, 1990 Six full-conidor fixed guideway adtematives, each with chosen to service any of the fWl-corridor altematives. A different physical alignments which range in length from site makai of the newly constructed Kalihi-Palama bus 16.8 to 18 miles, were considered. They are based on an maintenance facility at Middle Street would be chosen to advanced rapid transit technology with a fully integrated service any of the Minimum Operable Segment feeder bus system. Various alignment combinations make alterriatives. up the six full-corridor fixed guideway altematives considered in the study. Variations among the full-length The decisions to be derived from the current study are: altematives occur in only two sections: two options the mode of transportation to be used in addressing (Kamehameha Highway and Salt Lake Boulevard) are Honolulu's transportation problems; the preferred fixed available for the section between Aloha Stadium and guideway alignment and termini, if that mode is selected; Keehi Interchange and three options (Hotel Street and the funding approach to be used. underground, Beretania/Alakea and Nimitz Highway) are available for the section consisting of Downtown and Based on the comments received during the public review West Kakaako. period, the City administration will prepare a Locally Preferred Altemative Report that will be submitted, along In addition to the full-corridor alternative, three Minimum with its implementing financial plan, to the City Council Operable Segment (MOS) fixed guideway altematives for their consideration and endorsement. The Financial have also been considered. These lower cost altematives Plan relating to the Locally Preferred Alternative will be are portions of the full-corridor alternatives and range in submitted to the State Legislature for their consideration length from 6.4 to 11 miles. in connection with the capital funding of the project- For the environmental, engineering, and financial analyses of the altematives, a 'generic' fixed guideway E@ system was developed. This generic system is a composite of the advanced rapid transit technologies that KAAHUMANU PARIONG STRUCTURE REDEVELOPMENT could be used in Honolulu, and would incorporate these Location: Honolulu, Oahu four features: TMIC. 2-1-02:16, 20, 26, & S6 0 Medium Capacity (20,000 passengers per hour in Please send your comments to: peak direction). Accepting City and County of Honolulu 0 Electrified. Authority: Department of General Planning 650 South King Street 0 Automated. Honolulu, Hawaii 96813 0 Fully grade-separated. with a copy of your comments to OEQC, Attention There are several candidate technologies that could meet Dr. Marvin T. Miura, Director and: Honolulu's requirements. Proposing City and County of konolulu Agency- Department of Housing and Community 0 Steel wheel on steel ra2 Development c/o Colette Sakoda, Project Manager 0 Rubber tire on concrete R.M. Towill Corporation 420 Waiakarnilo Road, Suite 411 Straddle beam monorail systems Honolulu, Hawaii 96817 00 Magnetic levitation system Deadline: May 23, 1990 Two sites for a fixed guideway maintenance facility and The Kaahumanu Parking Structure Redevelopment plan storage yard have been identified. Only one site would covers 1.85 acres of land comprising four parcels. The be utilized. The Navy Ewa Drum Storage site in Waiawa, parcels are bounded by Nimitz Highway, Queen Street, adjacent to Leeward Community College, would be Nuuanu Avenue, and Merchant Street. Three of the PAGE 7 10EQC 1,UL1,- IN April 8, 1990 parcels are owned by the City and County of Honolulu; Municipal Office Building, 8th Floor the fourth is owned by the State of Hawaii. The City will 650 South King Street acquire or lease the state-owned parcel. Honolulu, Hawaii 96813 The overall redevelopment concept is a high quality with a copy of your comments to OEQC attention urban complex combining residential, office, and Dr. Marvin T. Miura and: commercial uses. The project area is proposed to be over 500,000 square feet. Applicant: The F-state of James Campbell c/o William E. Wanket, Inc. Envisioned as a mixed-use development, the project will Pacific Tower 660 be a combination of a downtown hotel/condominiurn, a 1001 Bishop Street First-class office tower, and a commercial plaza with retail Honolulu, Hawaii 96813 shops and restaurants. The plan is comprised of a multi- tower complex. The buildings will be bridged over Deadline: Extended to April 8, 1990 Bethel Street at the upper level for pedestrian movement. The proposed Country Courses at Kahuku, Malaekahana There are four components which are included in the site preliminary plans consist of a single 18-hole plan. The "Promenade' is planned as a two-level championship, daily-fee golf course and support facilities. shopping galleria providing 37,600 square feet of leasable Course completion is expected to be by 1994. A single area for retail, restaurant, and office space. The 'Water clubhouse will serve the 18-hole course. The clubhouse Tower at Harbor Court" will provide 122 luxury two- would be approximately 10,000 to 12,000 square feet. bedroom, two-bath, hotel-condominium apartments. The Incorporated into the clubhouse would be a starting tower will have about 171,000 square feet of space. The facility, pro-shop, lockers, restaurant/lounge, rest rooms, *Pier Tower at Harbor Court" will add approximately and cart storage and maintenance facilities for 90 golf 220,500 square feet of first-class office space to the carts. Cart storage is expected* to account for inventory. Each floor will typically have about 11,000 approximately S,000 square feet or approximately one- gross square feet of space. The 'Rampart Suites,* a five- half of the clubhouse area. The clubhouse will be served story structure, will be occupied by retail and commercial by a driving range and putting green. The clubhouse office activities, will be provided with an appropriatenumber of parking stalls. All of the 462 existing parking stalls, 411 from the Kaahumanu parking garage and 51 from the old police The site was once part of the Kahuku Sugar Company. station parking lot, will be replaced. A total of 1,035 Since the early 1970's when those operations ceased, the stalls are planned in the new project. 462 stalls on the land has been vacant except for grazing operations. lower parking levels will be owned by the City and made Currently, most of the property is being used by the available to the public, 122 spaces will be assigned to the Gunstoek Ranch for grazing 100 head of cattle and 40 hotel-condominium apartments (one per unit), and the horses, and for boarding about a dozen horses. The remaining 451 spaces will be reserved for use by the Malaekahana State Park occupies the area across the office, retail, and commercial occupants of the 'Pier highway, while the mauka area of the site adjoins the Tower' and *Rampart Suites.* military lands of the Kahuku Training Area and pastures used for grazing. Approximately 100 acres of the 200 acre project site will be reshaped to some extent. This will require grading of COUNTRY COURSES AT KAHUKU [MALAEKAHANA) the golf course site itself, reshaping tees and greens, Location: Koolauloa, Oahu developing sarid traps and swaling areas to guide surface TMF1 5-6-06:02 & 06 runoff to retention areas or ponds. Project costs are estimated at about $9 million. Please send your comments to: Accepting City and County of Honolulu Authority. Department of General Planning PAGE 8 3ULLETIN April 8, 1990 with a copy of your comments to OEQC attention Dr. through this area of the Bay. This action is expected to Marvin T. Miura and: improve circulation in this part of the Bay and reduce the likelihood of a recurrence of the problem. Sand will be lApplicant: KuiJima Development Company imported onto the property by trucks and stock piled near 1001 Bishop Street, Suite 2000 the project site. Using amphibious earth moving Honolulu, Hawaii 96813 equipment or hydraulic pumping, this sand will be 11 transported offshore to fill the bottom areas. The filling and: George Akita project will require approximately two weeks to complete. c/o Group 70, Limited 924 Bethel Street Honolulu, Hawaii 96813 Deadline: Extended to May 23, 1990 FINAL ENVIRONNENTAL EMPACT STATEMENTS The proposed project involves removal of approximately The following EISs have been submitted for acceptance. 1,800 cubic yards of silt and clay sediments ffom a 0.66 All comments received by the applicant or proposing acre area of Kawela Bay in its southeastern portion. The agency, and corresponding responses, should be removal of these sediments is the primary goal of the contained within the Final EIS. Those who wish to project, in order to improve water clarity and eliminate contest the acceptance of an EIS have a 60-day period in the silt/clay bottom texture in the swimming, snorkeling which to initiate litigation. The 60-day litigation period and wading area offshore of the two planned new resort starts from the date of publication of an EIS's acceptance. hotels. The desilting equipment will remove the top six to 12 HAWAII inches of sediments in this area utilizing a suction device. Hard, consolidated substrate areas will not be alte-rated or excavated, Material that cannot be removed by this HAWAII COMMODITIES IRRADIATION FACILITY equipment will not be removed by any other means. Location: Hilo, Hawaii The silt and clay material will be pumped into a TMX: 2-1--12:"106, 107, & 108 containment pond on 0.34 acres in the nearshore upland area adjacent to the desilting project. This containment Proposing Department of Business and Economic facility will allow dewatering of sediments along with Agency: Development drying and compaction. The storage capacity of this Accepting facility will be adequate to accommodate desilting Authority. Govemor, State of Hawaii materials and the residence time wM be sufficient to allow removal of suspended sediments from the water. Status: Currently being processed by the Office Water returning to the ocean from the containment area of Envirorunental Quality Control will have turbidity levels that are equal or better than that measured in this portion of Kawela Bay. Initially published as a Final EIS on December 23, 198-8. The dewatered sediments wiU be removed to golf course construction areas on the applicant's property, if useable; if not, it will be land filled. The total duration of the desilting, dewatering and disposal operations will be two months for operations and one month for mobilization HONOKORAU INDUSTRIAL PARK and demobilization. Location: North Kona, Hawaii Following the desilting operation, approximately 1,000 TMK: 7-4-08:26 & 49 cubic yards of crushed basalt gravel and 5,000 cubic Applicant: Robert S. McClean yards of calcareous sand will be place at the silt removal c/o Helber, Hastert & Kimura, Planners site. The sands will fill the depressions in the bottom PAGE 10 OEQC BUU.ETlN April 8, 1990 Accepting site lie within the General Subzone of the State Authority: State Land Use Commission Conservation District. The mauka 14.9 acres are in the State Agricultural District. Status: Currently being processed by the State Land Use Commission. The applicant, Robert S. McClean, seeks incremental districting of the 89.5-acre property to develop the site OAHU for light industrial, commercial, and service-related uses. The proposed project is broken down into two HAWAII FILM FACILITY EXPANSION AT DIAMOND HEAD increments: Location: Honolulu, Oahu Increment I is a 45.5-acre development intended to TMK. :3-1-42:09 & 33 provide space for light industrial activities which Proposing Department of Accounting and generally require larger lots and open storage areas. Agency: General Services Increment I proposes the following: Accepting 0 continuation of ready-mix concrete and quarrying Authority- Governor, State of Hawaii operations of West Hawaii Concrete; 0 sale of boats and marine products and the continuation of the storage, construction, repair Status: Currently being processed by the Office and maintenance of boats and. other marine- of Environmental Quality Control related activities; o sales of lumber, hardware and other construction Initially published as a Final EIS on August 8, 1989. materials and services, and the. manufacture of lumber products; o development of self-storage facilities; 0 development of an automotive repair and service center, and an automotive sales lot for new KEEHI LAGOON RECREATION PLAN and/or used cars; Location: Honolulu, Oahu 0 storage of trucks, buses and construction TMK. 1-1-03:01, 03, 05, & 06 equipment; 1-2-23:33, 39, & 44 0 Office and storage facilities for contractors and 1-5-41:03 small businesses, and production and sale of nursery products. Proposing Department of Transportation Increment 11 is proposed to be developed for commercial Agency- Harbors Division and service-related uses. This includes uses intended to Accepting Governor, State of'Hawaii support proposed civic activities at Kealakehe, along with Authority: uses that would support the general economic development of the region. Specific types of activities Status: Currently being processed by the Office might include offices, restaurants and other related of Envirorunental Quality Control commercial operations, as well as wholesale services to retail businesses, businesses which produce local Initially published as a Final EIS on January 23, 1990. consumer goods, services which support the local building industry, light manufacturing, etc. The project site is located about three miles north of Kailua-Kona, approximately 1,000 feet mauka of the Queen Kaahumanu Highway northeast of the Honokohau Small Boat Harbor. The makai 74.6 acres of the project PAGE 11 0--:(,,C bULLEIIN April 8, 1990 MALULANI SPORT'S COMPLEX OCEANIC INSTITUTE MASTER PLAN FOR Location: Koolaupoko, Oahu FOR APPLIED AQUACULTURE TMK: 4 -6-06:01, 04, 07, 09, 11, 13, 15, 22-44, Location: Makapuu Point, Oahu 48-51 TMK. 4-1-14:04 4-6-16:31 & 32 Applicant: The Oceanic Institute Applicant: Nanatomi Hawaii, Inc. c/o Applied Analysis, Inc. c/o Vincent Shigekuni Helber, Hastert and Kimura Planners Accepting City and County of Honolulu Authority: Department of Land Utilization Accepting City and County of Honolulu Envirorunental Affairs Authority- Department of General Planning Status: Currently being processed by the Status: Currently being processed by the Department of Land Utilization Department of General Planning The Center for Applied Aquaculture Master Plan is a The proposed project is located in Heeia Kea Valley, M' revision of the existing Oceanic Institute Master Plan on the vicinity of the Heeia Kea Pier and Boat Harbor. The file with the Department of Land and Natural Resources. total project area is approximately 220 acres. The Center for Applies Aquaculture is located at Makapuu Nanatorni Hawaii proposes the development .of a sports Point. complex on the property, including an 18,hole golf The United States Congress has appropriated 16.125 course, golf clubhouse with dining facilities, meeting and million through the United States Department of function rooms, three tennis courts, an aerobics facility, Agriculture Cooperative State Research Service -for the a health spa and associated fitness facilities, as well as construction of the Center for Applied Aquaculture. The approximately 30 to 35 single-family homes. State of Hawaii is matching the federal appropriation with a $5 million grant administered by the Department A par 70, 18-hole golf course will be designed to use as ...of- Land. and. Natural Resources through the Division of much of the existing area, errain and vegetation for Water and Land, challenging play. Water features will be distributed throughout the site to function as fairway amenities as Operations will include: well as irrigation reservoirs and siltation basins. The golf course will be open for public play for a fee. 0 Applied research to solve operational and Nanatomi Hawaii will dedicate approximately nine acres production problems of con-imercia-1 of the property for community-oriented facilities. aquaculture operations. Approximately one acre will be dedicated for the 0 Finfish and crustacean maturation, realignment of Karnehameha Highway pear the entrance hatchery, and growout technology to the Heeia Kea Pier and Boat Harbor. By realigning a development short segment of Karnehameha Highway, a three-acre 0 Aquaculture nutrition research. area will be available for a public beach park and the 0 Aquaculture information services, expansion of boat harbor facilities. Approximately five including design, ei-igineering, economics, acres of land mauka. of the realigned highway could be and management of aquaculture used as a site for an amphitheater, hula halau and picnic operations. area. 0 Industry assistance, including training, prototype development, and Hiking trails and a four acre campground accessible to effluent,/discharge analysis. the windward community with a permit from Nanatomi Hawaii are also planned. The Center for Applied Aquaculture is an applied aquaculture research facility supporting the development of commercial. aquaculture in Hawaii and the United States. The Center will be equipped to provide services to the cornmercial aquaculture industry that are PAGE 12 OEQC BULLET1N April 8, 1990 unavailable from traditional sources. A second existing garage of approximately 3,900 square feet wfll be converted into four attached dwelling units to house the Mission's staff of IS to 20 people, including the staffs families. These units will be equipped with kitchen and bath, facilities. HONBUSHN MISSION INTERNAT]ONAL OF HAWA,, A new single,story, 2,600-square,foot kitchen and dining Location: Mililani, Oahu room will be constructed to provide meals to persons on- TMY1 9-S-01:6S site. Applicant: Honbushin Mission Intemational of A second greenhouse of approximately 5,400 square feet Hawaii will be erected adjacent to an existing greenhouse. The c/o Gerald Park, Urban Planner 15-foot high structure will be constructed of steel framing, with fiberglass roof and walls. Accepting City and County of Honolulu A 17,000-square.-feet outdoor earthen amphitheater will Authority: Department of General Planning be constructed. The floor will be set four feet below Status: Accepted by the City and County of grade with a 4,000 square foot triangular stage. Honolulu, Department of General A 1,600 square foot ceremonial t ea house will be Planning on March 27, 1990. constructed on a point of land overlooking Waipio Acres Honbushin Mission Intemational of Hawaii is requesting in the southwestem comer of the property. The wooden a State Land Use District Boundary Amendment from an structure will be oriental in design and sited amidst a Agricultural to Urban designation and an amendment to landscaped Japanese garden. the Centr-al Oahu Development Plan from Agricult-dre to An existing parking lot will be supplemented by two new Public and Quasi-Public Use. The requested chanaes in 0 lots. A six-stall lot with a loading space will be land use designations are for IS acres in the ahupuaa of constructed to the immediate south of the proposed Waipio in the Ewa District. The property is a part of a kitchen and dining building. A second parking area with larger 143-acre parcel. space for 18 vehicles, four buses and two loading spaces The Honbushin Mission desires to establish facilities for will be constructed to the north of the centz-al warehouse a retreat program of meditation, physical exercise, building. This second lot adjoins the existing parking seminary training, and meetings in addition to its lot. continuing agricultural activities. The retreats are planned for up to 120 participants, who would gather for sessions lasting five weeks. Four sessions per year are proposed. Participants will be housed in two new attached bufldings to be constructed on the westem edge of the property. The two-story, 28,700-square-foot buildings will have 36 lodging units with bath facilities but no kitchens. Two separate, new buildings of approximately 1,400 square feet each will be constructed for use as a seminary training center. The buildings will accommodate ten men and ten women. An existing, one-story, 3,900-square-foot garage will be renovated and converted into an eight-unit dormitory accommodating 24 volunteer farm workers. There will be bathing facilities but no kitchens. PAGE 13 OEQC BUU-ETIN April 8, 1990 NOTICES technical, economic, social, and environmental characteristics; (5) Summary description of the affected envirorunent, including suitable and AVAILABILITY OF REPORT adequate location and site maps; (6) Identification and summary of major HAWAII'S ENVIRONMENT 1988: THE ANNUAL REPORT impacts and alternatives considered, if OF THE ENVIRONMENTAL COUNCIL anr, (7) Proposed mitigation measures, if any. Copies of this report may be obtained at no charge by (8) Determination; writing to: (9) Findings and reasons supporting determination; and Envirorunental Council (10) Agencies to be consulted in the 46S South King Street, Room 104 preparation of the environmental impact Honolulu, Hawaii 96813 statement, if applicable. The number of copies is limited, so readers are advised Projects should not be done on an incremental basis to to write early. avoid preparation of an envirorunental impact statement. Per Section 12, Chapter 200, the agency shall consider The report contains synopses of some of the important every phase of a proposed action, the expected environmental events and issues of 1988. Submissions consequences, both primary and secondary, and the were received from many public and private agencies. cumulative a, well as the short and long,term effects of the action. Please refer to Chapter 200 for more information or call EIS ADVISORY OEQC at S48-691S. ENVIRONMENTAL ASSESSMENTS AND NOTICES OF DETERMINATION MEETING NOTICE Agencies and applicants should be diligent in preparing OAHU WASTEWATER MANAGEMENT environmental assessments to assure that they meet the Sponsor. Hawaii Association of Environmental letter and intent of the law. Professionals Location: American Lung Association Information should be contained in the documents which 24S North Kukui Street will substantiate statements and decisions. (i.e. There Date: April 10, 1990 Cruesday) should be substantiating evidence tojustify the statement Time: 4:15 - 5:30 p.m. that there will be no environmental impacts.) Dr. Kenneth Sprague of the Board- of Water Supply will Per Section 10, Chapter 200 of Title 11, Administrative be the moderator for this seminar. The following is a Rules, Department of Health, environmental assessments list of topics to be discussed at the seminar. shall contain: Ecological Concerns - Dr. John Harrison (UH (1) Identification of applicant or proposing Environmental Center) agency, Health Concerns - Dr. Roger Fujioka. (UH Water (2) Identification of approving agency, if Resources Research Center) applicable; Engineering and Economic Concerns - James (3) Identification of agencies consulted in Honke (Honolulu Public Works Wastewater making assessment-, Management) (4) General description of the action's For more information, contact Bill Corwin at 836-0555- PAGE 14 OEQC BULLETIN April 8, 1990 Threatened. All axe native to the United States. If the proposed listings axe approved, Endangered Species Act ENVIRONMENTAL NOTTS protection will be extended to the following Hawaiian plants: ENDANGERED HAWAJIAN PLANT INFORMATION Rernya spp. The U.S. Fish and Wildlife Service published its most Renrya is a genus of small perennial shrubs in the aster recent Notice of Review for Plants in the Federal Register family (Asteraceae, also known as Compositae). It on February 21, 1990. 55 Fed. Reg. 6184 et seg. comprises three species, all of which are endemic to the According to the review, 180 taxa of native Hawaiian Hawaiian Islands. These plants grow to about 3 feet (I plants are classified as Category I candidates, and 148 meter) tall, with many slender, sprawling branches. The taxa of native Hawaiian plants are classified as Category narrow leaves are up to 6 inches (IS centimeters) in 2 candidates. length and coarsely serrated. Small, dark yellow flowers Category 1 candidates are defined by the Services as are clustered at the ends of the stems. those taxa for which the Service has on file enough The quality of the natural Hawaiian environment has substantial information on biological vulnerability and been degraded steadily since the introduction of many threat(s) to support proposals to list them as endangered non-native animals and plants. Grazing and browsing or threatened species. Category 2 candidates are defined feral and domesticated animals, the erosion and other by the Service as those taxa. fqr which there is some habitat degradation they. cause, and competing evidence of vulnerability, but for which there are not naturalized plants are the greatest threats. Many of enough data to support listing proposals at this time. HawaiPs endemic plants and animals, which evolved in isolation, have declined in range and survive only in The Service is required to implement a system of pockets of relatively undisturbed habitat monitoring the status of candidate taxa under listing petitions that are determined by the Service to. be All three species in the genus Remya were proposed on warranted but precluded by pending proposals, including October 2 for listing as Endangered: Category 1 and Category 2 candidate Hawaiian plants. 0 R. mauLensis - This species is known from two According to the Service,it is prudent to take candidate small populations in the western part of the taxa into account during environmental planning. island of Maui, where they occur on adjacent Because the list of candidates is continuously changing as ridges. They appear to be 20 to 25 plants at one taxa. are added, reclassified, and deleted, land-use site and 1 or 2 at the other. The State of Hawaii planners should obtain the most current stams. of has fenced the larger population to protect it candidate taxa. from the U.S. Fish and Wildlife Service. from cattle. 0 R. moragomeryi - Apparently restricted to the island of Kaua'i, K montgome?)i is known from only one site on the sheer, virtually inaccessible cliffs below the upper rim of Kalalau Valley. The HAWAII'S OWN ENDANGERED SPECIES population's size in unknown, but is believed to number fewer than 50 plants. The following information was taken from the 0 X kauiriensis - Another Kaua'i endemic, this Department of the Interior, U.S. Fish and Wildlife species is known from five small populations in Service's Endan-gered Species Technical Bulletin 'Listing the Kokee State Park area. The sites contain a Proposals - October/November 1989,' Volume )GV, total of about two dozen individuals. November - December, 1989, p. 1. Dwarf Mau (Wdkesia hobdyi) Sixteen species - 11 plants and 5 animals - were The dwarf iliau, a Hawaiian plant in the aster family proposed by the Fish and Wildlife Service during October (Asteraceae), is related to the spectacular and more and November 1989 for listing as Endangered or widely known silversword. It apparently occurs only on two steep ridges in the Na Pali coast area of western. PAGE 15 the Pu'u ka Pele Forest Reserve, and they total approximately 350 individuals. Wilkesia hobdyi has been proposed for listing as Endangered (F.R. 10/2/89). The greatest threat to its survival is browsing by feral goats. Large herds roam the cliffs upon which the plants grow and are responsible for a great deal of damage. They not only eat the plants but accelerate erosion of the fragile ridge soil. The goat herds are increasing rapidly due to game management practices aimed at maintaining high numbers for hunting. Aupaka (Isodendrion hosakae) The fifth Hawaiian plant proposed during October (F.R. 10/10/89) for listing as Endangered, I. hosakae is found on the island of Hawaii (the "Big Island"). This woody shrub, a member of the violet family (Violaceae), grows up to 30 inches (76 cm) in height. It has narrow, lance- shaped leaves and small flowers that are yellowish-green to white in color. This species is one of four in the genus Isodendrion, which is endemic to the Hawaiian Islands. About 275 individuals grow on three volcanic cinder cones in the Waikoloa area of the South Kohala District. All three sites are on privately owned land. The greatest immediate threat to I. hosakae is browsing and habitat disturbance by domestic cattle. Feral pigs also have been observed in the area and their rooting may pose additional problems for this species, as it does for many other Hawaiian plants. On several occasions in the past, the entire area has been leased on a temporary basis to the U.S. Army for ground troop training exercises. Such military activities could pose an additional threat, as could range fires during the dry season. The dwarf Illau (wilkesia hobdyl) branches form its base and grown to about 2 feet (60 cm) in height. Whorled tufts of narrow leaves grow at the top of each branch. Cream-colored flowers about 0.75 inch (2 cm) across are borne in clusters up to 18 inches (45 cm) long. Page 16 OEQC BULLE11N Apria 8, 1990 FARTH DEEMEARTH THOUGHTS In celebration of Earth Day's twentieth anniversa?y on April 2Z 1990, the Ofrice of Environmental Quality Control would like to share some *Earth Deeds' and *Earth Thoughts" submitte4 to our office, by the caring people of HawaiL OEQC is dedicated to infornt and educate the people of these beautiful islands, of how they can help to clean up and preserve our special `paradise.' ENERGY Purchase durable goods. - Use radial tires and check tire Reduce consumption. pressure once a week. - When purchasing a home, check for Use mugs instead of papers or - Adhere to posted speed limits, don't its energy efficiency. styrofoam cups. speed. - Avoid air conditioning as much as - Use cloth napkins instead of paper - Don't accelerate quickly from a dead possible. napkins. stop, drive smoothly slow down - Insulate the water heater and pipes, - Cut down on the use of disposable gradually. rum down the thermostat to 120 chopsticks. - Plan ahead and combine activities to degrees. . Use metal utensils instead of minimize excessive driving. . Use a clothesline rather than a disposable wood and plastic knives - Plan trips carefully, choosing dryer. and forks. shortest route, avoid congestion. - If a clothes dryer is used, keep the - Double side photo copies. lint screen clean. - Recycle envelopes and papers. TOXIC SUBSTANCES AND . Purchase only high efficiency - Use cloth diapers. P0LLU`rANTS electrical appliances. . Use low waa light bulbs or FOOD Avoid buying clothes requiring dry fluorescent lights. cleaning and dry clean only when Use a solar water heater. Eat lower on the food chain- necessary. Ask the electrical utility company vegetables, fruits, grains, tofu. - Do not use aerosol and other for information on ways to cut down use leftovers. products using CFCs as propellants. on electricity. Purchase locally grown food. Better yet, avoid using aerosol Plant trees around the house. Encourage markets to stock locally products. Strive to cut 20% off your individual grown produce. - Support legislation requiring system electrical consumption by monitoring - Read labels carefully on food for collecting and recycling CFC in monthly* electrical bills. pmducts and purchase food products refrigerators and air conditioners. - Purchase electrical tools and which have not been processed - Read labels on all products, buy and appliances only when hand operated extensively. use the least toxic products available tools are no, available, - Purchase organically grown food or use non harmful substitutes. and support legislation for organic - Use natural pest control products WATER labeling. for insect control. Grow a vegetable garden. - Support le&lation which encourage - Repair all leaks and pipes, Plant fruit trees. and help industry to modify - Use water-efficienE washing machine Share food with others. manufacturing processes to reduce, and dishwasher. Support efforts to preserve heirloom recycle or eliminate the use of - Collect rainwater and use rainwater vegetable and fruit species. hazardous chemicals. for irrigation. - Support formation of seed banks - Be aware of the toxk chemicals in Use plants adopted to your micro- and seed exchange programs to your neighborhood. climatic conditions. preserve Vnedc diversity. . Prx)periy dispose. of prescription Use plants requiring little or no - Be aware of how production of our drugs and household chemicals. water. food affects the environment. - Be aware of poisonous plants. - Install ultra low flush toilets using Fast for a day. - Be aware of hazardous substances 60% - 90% less water than Participate in programs concerned and conditions in your workplace. conventional toilets. with world hunger issues. . Take showers, less than S minutes, LIFESTYLE/ENVIRONM ENTAL not baths. TRANSPORTA'110N ETHICS - Turn off faucets, do not run water when not being actively in use for - Use public transportation whenever - Satisfy vital needs rather than shaving, brushing teeth, handwashin& possible. desires. etc. - Walk or use a bicycle. - Appreciate and respect all life forms Use water efficient shower heads - 3oin a car pool. from the bacteria to the cockroach, and sink faucets. - Purchase only fuel efficient cars, try not only those considered beautiful or for 35 MPH. useful. WASIT REDUCI"ION/RECYCLlNG - Maintain your car, tune ups and oil - select and choose meaningful work change. rather than jusr making a living. PAGE 17 10EQC -BUU..E-171N ,A,ril 8, IM Be concerned about the plight of the developing countries. POSTER OFFERED FOR EARTH DEEDS . Appreciate our rich ethnic and cultural differences. - Try to simplify our daily living and avoid what is new merely because it is new. - Join and participate in the activities of environmentally concerned organizations. 'WHAT CAN PEOPLE 00 TO HELP OUR ISLAND ENVIRONMENT? Replace stress in your life, have fun WHXr THINGS. SMALL OR LARGE. ARE YOU DOING TO SPJE THE and appreciate the wonders of nature. ENVIRONMENT?* - Don't purchase products made from endangered species of plants, animals or products made from over exploited species (reptiles, tortoise shells, Ivory, The State Office of Environmental Quality Control wants fur) - answors to those two questions. OEQC wants to find out how - Avoid using wood from tropical rainforests unless you are certain that you are trying to help the environment by asking you for sustainable aft faming practices your Earth Thoughts and Earth Deeds. have been used. Examples of Earth Deeds and Earth Thoughts would Include: - Plant trees and shrubs. recycling plastic bags. using solar water beaters, using Encourage environmentally sound fans Instead of air Conditioners, asking for paper bags practices at your workplace. Instead of plastic at supermarkem planting native plants. - Purchase products froin companies walking when possible Instead of using the car. that don't pollute, damage the environment, use animal testing or The effort by OEQC to find out how Individuals are trying to use toxic substances in their products. help the environment ties In with the 20th Earth Day - Purchase stocks from companies Celebration In April. Ropiles chould be addressed to Earth who e;tablished environmental goals- Deeds/Earth Thought, Office of Environmental Quality Control. 466 South King Street. Room 104, Honolulu. Hawaii. 96813. As a 'Mahalo* for your concern* and comments. an environmental poater will be sent to Individuals who submit the attached Coupon: ?&11 to- Earth Deed&Moushts, OEQC-Room 1041, 465 South King St., Honolulu, Hawari, 96813 Earth Thought: I think the enViTonment would be improved ff Earth Deed: To help the environment I Please send my poster to: (Name) (Address) (City/State) A94&- (zip) PAGE 18 Pursuant to Section 13-222-12, Hawaii Administrative Rules entitled "Shoreline Certification" Date: April 8, 1900 Number: 90-07 NOTICE OF APPLICATION: Application available for inspection at District Land Offices on the islands of Kauai, Hawaii and Maui and at Room 220, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu LOCATION ) Shoreline boun- dary fronting Hookipa Park (Hamakuapoko, Makawao, Maui) 6) Lot 30 Block 1 Milolii Beach Lots Subdiv. (F.P. 789) Por. of Grant 3723 to J.M. Monsarrat at Papa 2nd (S. Kona, Hawaii) ) Area 13-A & 13-B Being a Por. RP 6856, L.C. Aw. 7713, Apana 6 to V. Kamamalu (Kahuloo, North Kona, Hawaii) 8) Lot 72, Puako Beach Lots (H.T.S. Plat 414-B) (Lalamilo, S. Kohala, Hawaii) APPLICANT Page 2 (continued) Dept. of Parks and Recreation, County of Maui for State of Hawaii (County of Maui) Exec. Ord. No. 1198 West Thomas & Assoc., Inc. for Douglas Strom Towill, Shigeoka and Associates, Inc. for B.P. Bishop Estate Wes Thomas & Assoc., Inc. for Andrew R. Main TAX MAP KEY 2-5-04:25 8-8-06:08 7-8-13:02, 43 6-9-03:11 DATE RECEIVED 3/22/90 3/22/90 3/27/90 3/28/90 Comments on application may be made in writing to the State Land Surveyor at Room 210, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu within fourteen (14) days of this notice. Department of Land and Natural Resources 1151 Punchbowl Street, Room 220 Honolulu, Hawaii 96813 Tel. 548-6460 Page 20 Pursuant to Section 13-222-12, Hawaii Administrative Rules entitled 'Shoreline Certifications Rril- T Number: 90-07 NOTICE OF APPLICATION: Application available for inspection at District Land offices on the islands of Kauai, Hawaii and Maui and at Room 220, Kalanimoku. Building, 1151 Punchbowl Street, Honolulu, Oahu LOCATION XPPLICANT TAX MAP KEY DATE RECEIVED Page 3 (continued) Lot 3, Ld. Ct. Charles M. Busby, 5-4-17:01 3/29/90 App. 1867 (Map P.E., For Cecilia K. 2) (Kawelar Kamakana molokai) Lot A Being All Charles M. Busby, 5-6-01:29 3/29/90 of-RP 3178, L.C. P.E., for Lani Aw. 51-47, Apan Blissand 2 to Kaiu (Uala- pue, holoxai) 1) Lot 21-A of Wes Thomas & Assoc., 7-8-14:78 4/2/90 Kahaluu Beach Inc. for Jerry Morey Lots Being a Por_ of RP 6856, L.C. 77-13,Ap. 6 to V. Kamamalu TK-ahaluu, North Kona, Hawaii) 2) Lot 1 & 2 on Map Wes Thomas & Assoc., 7- 7 - 0 42 5 4/3/90 2 of Ld. Ct. Inc. for First Haw1n App. 1105 Bank Trustee of the (Holualoa 3rd, Barbara Lyman Trust N. Kona, Hawaii) 13) Lot 31, Ld. Ct. A Surveyor for James 4- 4- 2 1 : 36 4/3/90 -App. 614, map 8 Schmit, Pamela D. at Malae Ross, Charles J.W. 7-Kaneobe, Koolau- Chamberland, Thomas poko, Oahu) Sellers and Cheryl Sellers **** .......................................... Comments on application may be made in writing to the State Land Surveyor at Room 210, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu within fourteen (14) days of this notice. Department of Land and Natural Resources 1151 Punchbowl Street, Room 220 Honolulu-, Hawaii 96813 Tel. 548-6460 Page 21 A- N, Pursuant to Section 13-222-12# Hawaii Administrative Rules entitled aShoreline Certification% FD-ate:_April 8, 199() Number: 9-0 - @O7 NOTICE OF APPLICATION: Application available for inspection at District Land Offices on the islands of Kauai, Hawaii and Maui and at Room 220, Kalanimoku. Building, 1151 Punchbowl Street, Honolulu, Oahu LOCATION APPLICANT TAX MAP KEY DATE RECEIVED Page 4 (continued) 14) Por. of Grant DJNS Surveying and 5-3-06:4.1 4/3/90 1308 Aikaula, Mapping, Inc. for Lot 2, Haleaha Gloria Antoku Beach Lots, F.P. 230 (Haleahal To-olauloa, Oahu) Comments on app ica ion may be made in writing to the State Land Surveyor at Room 210, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu within fourteen (14) days of this notice. Department of Land and Natural Resources 1151 Punchbowl Street* Room 220 Eonolulu4 Hawaii 96813 Tel. 548-6460 Page 22 PUBLIC k0"IFICL Pursuant to Section 13-222-12, Hawaii Administrative Rules entitled 'Shoreline Certifications Date: April 8, 1990 Number: NOTICE OF APPLICATION: Application available for inspection at District Land offices on the islands of Kauai, Hawaii and Maui and at Room 220, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu NOTICE OF SHORELINE CERTIFICATION OR REJECTION DATE CERTIFIED (C) LOCATION APPLICANT TAX MAP KEY OR REJECTED (R) Lot 18 and Cummins & Cummins 5-9-20:39, 40 3/3/90(R) Shor ne Front- for Robert Scurich ing Lots 18 and 19 of Sunset Beach Lots (F.P. 256) (Pupukea, To--oTauloa, Oahu) Lots L and 108 ControlPoint Surveying 6-8-11:44 3/13/90(C) Mokuleia Beach and Engineering, Inc. Subdiv., F.P. for Toshio Masuda 863 (Kamananui, W@aialua, Oahu) Lot *As Being Agor Latham Architect 2-6-03:15 3/23/90(C) Por. of RP 4512, for John Trenary Mahele Award T@- to J.Y. Kanehoa at Kukuiula (Koloa, Kauai) Ld. Ct. App. 677 Walter P. Thompson 4-3-13:33 3/23/90(C) Subdiv. of Lot Inc. for WGB, Inc. = on Map 254 into Lots 1110- A and 1110-B T-K-a@ilua, Koolau- poko, Oahu) ........................................ APPEAL may be made to the Department of Land and Natural Resources in writing within twenty (20) days of the date of this notice: Department of Land and Natura Resources 1151 Punchbowl Street, Room 220 Honolulu# Hawaii 96813 Tel. 548-6460 Page 23 Page 2 (continued) ) Lot 601 of Ld. Ct. App. 1089 (Kamananui, Waialua, Oahu) 6) 3061 Kalakaua Ave. (Waikiki, Honolulu, Oahu) 7) Outrigger Canoe Club, Lot 3 of Ld. Ct. App. 351, Kapiolani Park (Waikiki, Honolulu, Oahu) Harry K. Matsuo for William I. Ellison III A Surveyor for Yoshihisa Shoshihara ControlPoint Surveying and Engineering, Inc. for Outrigger Canoe Club 6-7-14:26 3-1-33:02 3-1-32:31 3/23/90(C) 4/6/90 (C) 4/6/90 (C) APPEAL may be made to the Department of Land and Natural Resources in writing within twenty (20) days of the date of this notice: Department of Land and Natural Resources 1151 Punchbowl Street, Room 220 Honolulu, Hawaii 96813 Tel. 548-6460 Page 24 466 SOUTH KING STREET KEKUANADA BUILDING #104 HONOLULU, HAWAII 96813 OEOC BULLETIN BULK RATE U.S. POSTAGE PAID Honolulu, HI Permit No. 1502 DBED Coastal Zone Management Program NOTICE OF PROPOSED ACTION BY THE HAWAII STATE DEPARTMENT OF HEALTH SECTION 401 WATER QUALITY CERTIFICATION PUBLIC NOTICE 89-CW-WQC-5 November 6, 1989 The Hawaii State Department of Health, Envi- ronmental Mangement Division, is issuing the following notice of porposed action under the Clean Water Act and Chapters 91, 92 and 342D, Hawaii Revised Statutes. The Department has received a complete appli- cation for a Section 401 Water Quality Certification and has prepared a tentative determination regard- ing the certification. This Section 401 Water Quality Certificatioin is for the permitted activity under the U.S. Army Corps of Engineers (COE), Section 404 Permit Program of the Clean Water Act of 1977. On the basis of preliminary review of the re- quirements of the Clean Water Act and 40 Code of Federal Regulations, Part 121, the Director of Health proposes to issue a Section 401 Water Quality Certification to the following applicant, subject to the following conditions: Island Power Company, Inc. P.O. Box 625 Kalaheo, Kauai, Hawaii Bonneville Pacific Corporation, as agents 820 Mililani Street, Suite 712 Honolulu, Hawaii 96813 Contact Person: Clark Mower or Dean R. Anderson Telephone No: (801) 363-2520 or (808) 599-5222 Project Name and Location: Construction of Upper Wailua River Hydroelectric Power Project Ma- heo Stream, North Fork Wailua River, Wailua, Kauai, Hawaii The applicant proposes to construct and operate a hydroelectric power plant as a "run of the river" project in the Wailua River Basin - 7 miles north- west of Wailua, Kauai, Hawaii, for the purpose of generating electricity for sale to Kauai Electric Company. The proposed Upper Wailua Hydroelec- tric Project would divert between 8 and 48 cubic feet per second (cfs) of sugarcane irrigation water from the Hanalei Tunnel outlet, by means of a concrete diversion weir, through a buried pressure penstock (approximately 8,925 feet long - varying in diameter from 48 to 32 inches) to a 1.26 megawatt power house sited on the west bank of Maheo Stream (approximately 200 feet upstream of its confluence with the North Fork Wailua River). After passing through the power house turbine generator, uncontaminated irrigation water would be returned to Maheo Stream via a 50 foot long tailrace. The project feature evaluated by this certifica- tion is limited to: 1. The discharge of pollutants associated with construction of a concrete diversion weir (ap- proximately 5 feet high; 30 feet across; 1,210 feet above mean sea level (msl) and electrical power plant (approximately 40 feet wide; 40 feet long; 20 feet high; 710 feet msl); and 2. The discharge of up to 48 cfs of irrigation water, via the proposed 50 foot long tailrace, into Maheo Stream during operation of the power plant. Of concern are the following State water quality parameters: During construction in Maheo Stream: Total Suspended Solids, Turbidity; and During operation of the power plant (i.e. discharge of irrigation water into Maheo Stream): Turbidity, Temperature, Dissolved Oxygen. Maheo Stream is classified by the Department of Health as Class 2 Inland Water Body. In accordance with State of Hawaii, Department of Health, Administrative Rules, Title II, Chapter 54, Water Quality Standards, Section 11-54-03(b)(4): The objective of Class 2 waters is to protect their use for recreational purposes, propaga- tion of fish and other aquatic life, agricultural and industrial water supplies, shipping, navi- gation and propagation of shellfish. The uses to be protected in this class of waters are all uses compatible with the protection and propaga- tion 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. No new sewage discharges shall be permitted within estuaries. No new industrial discharges shall be permitted within estuaries, with the exception of acceptable non-contact thermal and floating drydock or marine railway dis- charges within Pearl Harbor, Oahu. The application package is deemed to be com- plete and the required $100.00 filing fee has been paid to the State of Hawaii. Therefore, based on the Section 401 Water Quality Certification application and supporting information, it is recommended that a Section 401 Water Quality Certification be issued for the subject discharge activity pending public participation via this public notice of proposed action. Conditions of the Section 401 Water Quality Certification: 1. The granting of a Section 401 Water Quality Certification shall be limited to the dis- charge of the following materials into the Class 2 waters of Maheo Stream, North Fork Wailu River; a. concrete diversion weir and intake struc- ture; and b. sugarcane irrigation water. 2. The applicant shall insure that: a. project activities associated with the "dis- charge(s)" shall be conducted according to good engineering management practic- es that will provide reasonable assurance that the applicable State Water Quality Standards will not be violated; b. construction debris and any other delete- rious material(s) shall be ocntained and prevented from entering state waters; c. material(s) to be placed in state waters shall be free of waste metal products, organic materials, objectionable debris and any pollutants at toxic or potentially hazardous concentrations to aquatic life; and d. best judgement shall be used in determin- ing the necessity for implementation of provisionally approved U.S. Army Corps of Engineers methods (silt curtains, sand bags, cofferdams, sedimentation ponds, flow diversion, etc.) to isolate the con- struction activities and prevent degrada- tion of existing receiving water quality. 3. The applicant shall conduct water quality, discharge character and/or biological mon- intoring in accordance with their monitoring plan received May 19, 1989. NOTICE OF PROPOSED ACTION BY THE p PLANNiNG OFFICE OF sTAT. STATE DEPARTMENT OF HEALTH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND ZONE OF MIXING 90-CW-PW-3 APRIL 20, 1990 The State Department of Health, Environmental Management Division, is issuing the following notice of proposed action under the Clean Water Act, Chapter 3420, Hawaii Revised Statutes, and Chapters 11-54 and 11-55, Administrative Rules, Department of Health. The Department of Health has received complete applications for National Pollutant Discharge Elimination System (NPDES) permits and applicable Zones of Mixing. However, the Department of Health was unable to complete the processing of the applications prior to the NPDES permits and applicable Zones of Mixing expiration dates. The U.S. Environmental Protection Agency, Region 9 requested the incorporation of the State Water Quality Standards and toxicity testing into the NPOES permits. Therefore, in accordance with Section 3420-6(d), Hawaii Revised Statutes, has administratively extended the NPDES permits and Zones of Mixing. Following the resolution of the Water Quality Standards and toxicity testing issues, the Department of Health has prepared tentative determinations regarding the NPDES permits. The corresponding requested Zones of Mixing have been also incorporated into the proposed NPDES permits. On the basis of preliminary review of the requirements of the Clean Water Act, Chapter 3420, Hawaii Revised Statutes, and Chapters 11-54 and 2 11-55, Administrative Rules, Department of Health, the Director of Health proposes to issue NPDES permits and applicable Zones of Mixing to discharge to the following applicants, subject to certain effluent limitations and special conditions: Hawaiian Electric Company P.O. Box 2750 Honolulu, HI 96840 KAHE GENERATING STATION NPOES Permit No. HI 0000019 Zone of Mixing No. ZM-21 The applicant operates a steam electric power generating facility located at 89-900 Farrington Highway. Six (6) production units (air preheater/boiler/steam turbine generator/condenser) operate in pairs, having a total rated generating capacity of 638 megawatts. Once through condenser cooling water for the generating units and cooling water for pumping units are combined into a transition basin then discharged into 'the Pacific Ocean through Outfall Serial No. 001 at a designed maximum rate of 861 MGD. In addition to the once through cooling water, Low Volume Wastes (LVW) (daily maximum flow of 0.27 MGD) and treated intermittent non-hdZdrdous Metal' Cleaning Wastes (MCW) (daily maximum flow bf 0.35 MGD) are also discharged through Outfall Serial No. 001. The outfall discharge from the facility enters the Pacific Ocean, a "Class A" open coastal water, at coordinates: Latitude 21*21124.8"N; Longitude 158*08'07"W, 750 feet offshore at the depth of 27 feet. The beneficial use of Class A open coastal waters include recreation, aesthetic enjoyment, the protection and propagation of fish, shellfish, and wildlife. 3 The applicant also requested that the existing Zone of Mixing for the assimilation of once through cooling water, LVW, and treated non-hazardous MCW from the Kahe Generating Station be granted. The proposed Zone of Mixing is in an area of approximately 455 hectares (1,125 acres) bounded by a square with sides of 2,134 meters (7,000 feet) in length offshore and alongshore, centered alongshore on a point between the shoreline discharge and intake structures at a depth of 27 feet. The proposed NPDES permit and Zone of Mixing will expire on May 31, 1994. PACIFIC SEA FARMS P.O. Box R Laie, HI 96762 NPOES Permit No. HI 0021059 Zone of Mixing No. ZM-263 The Pacific Sea Farm facility is located on the northern shores of Oahu near the abandoned Kahuku airfield. The plant consists of 32 operating raceways, eight (8) ponds, and a hatchery of eight (8) raceways and 16 tanks. Three (3) source wells provide up to 33.6 MGD (1.34 m3/sec) of brine water to the aquaculture farm. Discharge is by a constructed lined canal which drains into state designated Class A waters of the Pacific Ocean. The applicant also requests a Zone of Mixing for the assimilation of concentrated aquatic feeding facility process water. The proposed Zone of Mixing dimensions are a rectangle, extending 4,000 feet northwesterly and 1,500 feet southeasterly from the point of discharge (Latitude 21042'07"N, Longitude 157*57'33"W) and extending 2,500 feet offshore. The Zone of Mixing shall extend vertically from the surface to the ocean floor. 4 NPOES Permit No. HI 0021059 and Zone of Mixing No. 263 were issued to lit Marine Culture Enterprises on November 1, 1984. The NPOES permit and Zone of Mixing expired on October 31, 1989. During the term of the permit, Marine Culture Enterprises reorganized under the new name of Pacific Sea Farms, Inc. The permit was modified to reflect the reorganization on June 30, 1988. On June 23, 1989, Pacific Sea Farm reapplied for an NPOES permit and on November 2, 1989 the Department administratively extended the existing permit. The proposed NPDES permit and Zone of Mixing will expire on October 31, 1994. U.S. Navy Fort Kamehameha WW`TP PACNAVFACENGCOM Pearl Harbor, HI 96860 NPDES Permit No. HI 0110086 Zone of Mixing No. ZM-257 The Fort Kamehameha. WWTP is operated by the U.S. Navy. It provides secondary wastewater treatment to Naval housing and industrial operations at Pearl Harbor, and to Air Force housing and industrial operations at Hickam Air Force Base. Wastewater is also contributed by Army housing at Fort Kamehameha, the Hawaii Air National Guard, and the Marine Corps Camp Smith. The total population served is in excess of 50,000. The design flow of the treatment plant is 7.5 MGD, with a peak of 23 MGD. The application, dated August 22, 1988, reports an average flow of 5.47 MGD, but recent Discharge Monitoring Reports indicate monthly average flows over 8 MGD. The plant is therefore already operating over its design capacity, although its compliance history with secondary treatment limits is very good. Influent is weak, averaging about 100 mg/l BOD and suspended solids. 5 Major non-domestic flows include the Ship Wastewater Collection Ashore System (SWWCA), serving the Pearl Harbor docks, the Shipyard Control Industrial Area, and the Naval laundry at Aiea. The total number of non-domestic dischargers to the system is over 200. The effluent is chlorinated with an average concentration of 1.8 mg/l. The effluent is discharged through a submerged outfall to the Pearl Harbor Entrance Channel. The outfall is 1,700 feet long and discharges at a depth of approximately 40 feet. The proposed permit and Zone of Mixing will expire on February 28, 1993. Persons wishing to comment upon or object to the proposed determinations by the Director of Health regarding issuance of the NPDES permits and applicable Zones of Mixing or request a hearing pursuant to Sections 11-54-09(c)(4) and 11-55-13, Administrative Rules, Department of Health, should submit their comments or request in writing no later than May 21, 1990 either in person or by mail, to: Office Address State of Hawaii Department of Health Environmental Management Division Clean Water Branch Five Waterfront Plaza, Suite 250 500 Ala Moana Boulevard Honolulu, Hawaii 96813 Telephone: (808)543-8309 Contact: Mr. Steven Y.K. Chang 6 Mailing Address State of Hawaii Department of Health Environmental Management Division Clean Water Branch P.O. Box 3378 Honolu"lu, Hawaii 96801 Copies of the draft NPDES permits, applicable Zones of Mixing, fact sheets, if required, 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 of Health address shown above. A charge will be assessed for copies. Further information may be obtained by writing to the Department of Health at the above address. All comments or objections received no later than comment period May 21, 1990 will be considered in the formulation of the final determinations regarding the applications. A hearing may be held upon submission of a written request if the Director of Health determines that there is significant public interest to meet the requirements of Sections 11-54-09(c)(4) and 11-55-13, Administrative Rules, Department of Health. A public notice of such hearing will be issued not less than 30 days prior to the hearing date. If no hearing is held and the determinations of the Director of Health, after consideration of all comments and objections, are substantially unchanged from the tentative determinations, the NPDES permits and applicable Zones of Mixing will be issued and this action will be final. Please bring the foregoing notice to the attention of all persons whom 7 you know would be interested in this matter. JOHN C. LEWIN, M.D. Director of Health P0307EC L Q 1. 4 0 -WIN. wo. JOHN WAINEE 71E GOVERNOR Of HAWA14 OinFCTOR OF HEALTH STATE 0F HAWAII DEPARTMENT OF HEALTH P. 0. BOX 3370 HONOLULU. HAWAII 96801 In reply. Please refer to: NOTICE OF PUBLIC HEARING EPHSO/EPB BY THE HAWAII STATE DEPARTMENT OF HEALTH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM JANUARY 13, 1989 89-EP-PW-1 Date of Public Hearing: Wednesday, February 15. 1989 Time: 2:00 p.m. Place: Kinau Hale Board Room (3rd Floor) State Department of Health Building 1250 Punchbowl Street Honolulu, Hawaii The Hawaii State Department of Health, Environmental Protection and Health Services Division, is issuing the following notice of proposed action and public hearing under the Clean Water Act and Chapters 91 and 342, Hawaii Revised Statutes. The Department has received complete application for National Pollutant Discharge Elimination System (NPDES) permit. However, the Department was unable to complete the processing of the application, prior to the NPDES permit expiration date. The U.S. Environmental Protection Agency, Region 9 requested the incorporation of State Water Quality Standards and toxicity testing into the NPDES permit. Therefore, in dccorddnce with Section 342-6(e), Hawaii Revised Statutes, the Department has administratively extended the NPOES permit. Following the resolution of the Water Quality Standards and toxicity testing issues, the Department has prepared tentative determinations regarding the permit and issued a notice of proposed action on October 28, 1988, 88-EP- PW-3, in The Honolulu Advertiser. The public hearing is being held as requested by the Hawaii Freshwater Fishing Association to consider the issue raised regarding the operation of the treatment facility. On the basis of preliminary review of the requirements of the Clean Water Act, as amended, Chapter 342, Hawaii Revised Statutes, and Chapter 11-55, Administrative Rules, the Director of Health proposes to issue an NPOES permit to the following applicant, subject to certain effluent limitations and special conditions: 2 CITY AND COUNTY OF IiONOLULU DEPARTMENT OF PUBLIC WORKS 650 SOUTH KING STREET HONOLULU, H1 96813 WAHIAWA SEWAGE TREATMENT PLANT (STP) Ill CALIFORNIA AVENUE WAHIAWA, OAHU, HI 96786 NPDES PERMIT NO. HI 0020125 The applicant operates a secondary treatment facility which has a design capacity of 2.49 MGD and serves to provide treatment for domestic wastewater collected from the populace (currently 17,202) residing in the town of Wahiawa, Oahu. Currently, approximately 1.43 MGD of treated effluent is discharged via the Wahiawa STP OUtfdll Sewer into the South Fork of Kaukonahud Stream, Wahiawa Reservoir (Lake Wilson) at coordinates: Latitude 21029137"N; Longitude 158002'34"W. The Wahiawa Reservoir is classified as a "Class 211 inland water n which the uses to be protected include limited non-contact recreational purposes, propagation of fish, and agricultural water supply. The proposed piermit will expire on March 1, 1992. All interested parties are invited to be present or represented at the hearing to express their views on the proposed issuance of this permit. Persons wishing to comment upon or object to the proposed determinations may submit same in writing and/or appear at the public hearing. Written comments should be submitted no later than February 15, 1989, either in person or by mail, to: Office Address State of Hawaii Department of Health Environmental Protection and Health Services Division Environmental Permits Branch AMELCO Building, 3rd Floor 645 Hdlekauwild Street Honolulu, Hawaii 96813 Telephone: (808)548-6410 Contact: Mr. Steven Chang Mailing Address State of Hawaii Department of Health Environmental Protection and Health Services Division P.O. Box 3378 Honolulu, Hawaii 96801 3 Copies of the application, proposed permit, fact sheet, if required, 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 of Health address shown above. A charge will be assessed for copies. Further information may be obtained by writing to the Department of Health at the above address. Oral Statements may be received and considered, but for accuracy of the record, all important testimony should be submitted in writing. Oral statements should summarize extensive written material so there will be time for all interested persons to be heard. It is requested, but not required, that sufficient copies of written material be produced so other interested persons may receive a copy and it will not be necessary for written material to be read at length. All comments or objections received no later than February 15, 1989, and/or presented at the public hearing will be considered in the formulation of final determinations regarding the application. Following the public hearing, the Director may make appropriate modifications in the terms and conditions of the proposed permit and shall issue or deny the permit. The Director will provide notice of such issuance or denial to any person who participates in the public hearing and any other person who requests to be placed on a mailing list. The notice will briefly indicate any significant changes from the tentative determinations and draft permit. The permit will be issued by the Director unless he grants a written request for an adjudicatory hearing. Requests for an adjudicatory hearing must be filed within twenty (20) days following the notice of issuance, and must meet the requirements of Chapters 91 and 342, Hawaii Revised Statutes. A public notice of any such adjudicatory hearing will be issued not less than thirty (30) days prior to the hearing date. If no adjudicatory hearing is requested, the permit will be issued or denied, as appropriate, and this action will be final. Any person with a hearing impairment desiring to attend the hearing may request the assistance of a sign language interpreter provided such request is made 72 hours prior to the scheduled hearing. This request may be made by writing to the Environmental Permits Branch or by calling 548-6410 (voice) or 548-6210 (TDO). Please bring the foregoing notice to the attention of all persons whom you know would be interested in this matter. JOHN C. LEWIN, M.D. Director of Health I i I I I i I I I I I Appendix D I Monitoring Guidance from OCRM and I Federal CZM Act of 1972 i I I I I I I UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration @Tl NATIONAL OCEAN SERvICE r4rcs Of OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Woihmngto@, D.C. 20235 12 19X JUN TO: State Program Managers UU1 FROM: ;@@ames P. Burg,0@_@, Chief OFFICE OF STATE PLANNING Coastal Programs Division 31 SUBJECT: 1990-1991 Performance Report Guidelines The performance report guidelines for 1990-1991 have been revised from the August 17, 1989 guidance. The guidelines remain divided into three sections: Section A - status of grant; Section B - status of state permits, Federal consistency, and program changes; and Section C - annual report. No changes were made to Section A. The only change made to Section B was'adding a column to two Federal consistency charts to indicate the date that the consistency notification or application was received from the Federal agency or applicant. In order to compile a national database on Federal consistency, it is critical that all the information requested in the Federal consistency charts is submitted. We strongly urge that the consistency data be presented in the same format as contained in the Section B charts. However, the information may be displayed in some other form, as long as it is easily interpreted.. After reviewing the responses to last year's Section C annual reports, several report questions were revised. some questions were eliminated, while others were added or clarified. The questions with an asterisk (*) are one-time questions frozr@ last year and should be answered only if changes have occurred since you submitted Section C (i.e., legislative changes, new initiatives, emerging problems). The questions with an ampersand (@) are new or revised questions; they should be answered even if they are one-time questions. Please note that several of the new questions replace questions from last year's guidance. Section C is due on October 31, 1990. An abbreviated version of the performance report guidelines will be incorporated in the 1990-91 grant award package. That version is designed to be used in conjunction with the attached guidelines. 2 some confusion exists regarding the requirement for a final performance report, previously due 90 days after the end of the grant. A final performance report covering all activities for the grant period is not required. Instead, a quarterly report will be required for the last quarter of the grant period. However, if there are activities that have not been closed-out, CPD may request that a short close-out status sheet be provided to ensure that all tasks and activities have been officially accounted for. For example, if a grant ends on September 30, 1991, a quarterly report will be due on October 30, 1991. if there are activities conducted during the grant close-out period that were not reported on in the October 30 report, a brief close-out status sheet may be due no later than December 31, 1991. Financial Status Reports are still required to be submitted to the NOAA Grants Office 90 days after the end of the grant. If you have any questions, please contact the CPD regional staff. May 1990 Office of Ocean and Coastal Resource Management Revised Performance Repprt Guidelines Introduction This paper provides Office of Ocean and Coastal Resource Management (OCRM) guidance for the submission of performance reports for financial assistance awards under Sections 306 and 306A of the Coastal Zone Management Act, as amended (CZMA). The information contained in the performance reports is needed to determine the states' adherence to the terms of financial assistance awards, compliance with grant tasks and significant improvement schedules and benchmarks, adherence to the approved state coastal management programs, and the extent to which each state is addressing the coastal management needs identified in Section 303(2)(A)-(I) of the CZMA. The performance report requirements are divided into three sections: Section A (status of grant tasks), Section B (status of program implementation activities), and Section C (annual report). States are required to submit Section A for each quarter of the grant award, submit Section B during the second and fourth quarters of the grant award, and submit Section C on an annual basis (due to OCRM each October 31). In other words, for the first and third quarterly reports, states will submit Section A; for the second and fourth quarterly reports, states will submit both Section A and Section B. Section C replaces the previously required final performance report. The new annual report is due October 31 of each year, covers the previous year (October 1 - September 30), and is not tied to specific award periods. Wherever possible, states are encouraged to use existing data as attachments to the performance report, particularly for the information requested under Section C. The attachments may be reports prepared for internal office purposes, reports prepared by 'the CZM agency, or other statewide reports. A number of examples are attached to this document as guidance for Sections A and B. The attachments are suggested formats for completing specific sections of the report. Information may be submitted in any usable format provided that the required information is included. Specific inconsistencies between OCRM reporting requirements and state reporting systems should be resolved by the state program managers and appropriate CPD regional staff. Section A Quarterly Repqrting Reguirements; - Status of Tasks This section describes the status of each Section 306 and Section 306A grant task and relevant special award conditions. The report must be detailed enough to provide OCRM with a clear understanding of what has been accomplished under each task during the performance period. The section should be organized in the same format as the original grant application and include the following information: 1. Status of task, organized by task number and title (e.g., meetings held, work products completed, contracts completed). 2. Status of significant improvement tasks and benchmarks (states may use an asterisk to indicate the significant improvement tasks in the narrative). 3. Status of special award conditions due during the performance period. If a work product or benchmark is not due for a task, the narrative should provide more information than "the work is continuous and on-going." Please indicate whether the task is on schedule and when the work is expected to be completed. The performance report should also be informative enough to provide OCRM with preliminary notice that revisions to the grant or the significant improvement memorandum may be necessary due to problems encountered during the reporting period. However, noting potential grant changes in the performance report does not replace the need to formally request such changes. States are encouraged to make these reports as concise as possible. Depending on the size and complexity of the state grant, these reports may be no more than five to ten single-spaced pages. Narrative discussions can be particularly brief in cases where attachments (contracts, work products, meeting minutes, publications, public notices, etc.) provide a clear indication of status. Refer to Attachment A for an example. - Section B Semi-annual Rep2rting Requirements on Program Implementation This section describes the information required to assess the states' adherence to the basic program implementation. Section B must be submitted as part of the second and fourth quarter performance reports, covering the previous six months (i.e., two quarters). Information under this section will focus on administration of the state CZM core regulatory programs and related efforts. Three major topics will be reported on: (1) permit administration, monitoring and enforcement, (2) Federal consistency, and (3) program changes. Information reported under these topics should include sufficient detail to provide a clear understanding of the major activities, problems, and accomplishments during the reporting period. In the case of the first two topics, states must submit quantitative information in chart or tabular form and narrative sections which briefly discuss significant accomplishments, problems, or controversial activities covering program implementation and Federal consistency requirements. States may use existing state reporting mechanisms to provide the tabular data requested if such reports meet the reporting requirements. When a topic area in Section B is also a grant task (and therefore reported under Section A), it is not necessary to repeat the same information in Section B. Following is a more detailed description of information to be reported on under each topic of this section. Permit Administration, Monitoring, and Enforcement This section should include quantitative data on the number and type of all state and local government CZN1P mandated permit applications; the number and type of state and local CZMP permits issued, pending, conditioned or denied; average processing time; number of violations detected and specific enforcement actions taken; and any other monitoring activities such as overflights or field trips. In the case of networked programs, which rely on more than one regulatory program, quantitative information described above must be provided on each core program. A suggested format for the chart reports is presented in Attachment B1. These charts are provided as guides. The states may bmit the information in their current state agency format. If a state is unable to provide information for one or more of the categories, please contact the appropriate su CPD program staff. The narrative section should briefly discuss controversial development projects or issues and the CZM program's role or involvement. States may-append news clippings, memos, etc., to support abbreviated summaries. If an item has been discussed in previous reports, please update this information as necessary. In addition, describe the lead CZM agency's efforts to monitor activities of other state or local agencies, identify accomplishments or problems related to ensuring agency compliance with the State approved CZM program, and where necessary discuss actions to bring these agencies into compliance. Federal Consisten This section must include both charts and narrative information which describe the Federal consistency reviews and activities during the report period. Suggested formats for the charts are presented in Attachment B2- The narrative report should briefly describe, in case study'format, significant consistency reviews, specific examples of controversial projects, types of project modifications required to meet consistency provisions, and important consistency negotiations during the reporting period. The narrative should also report on efforts to improve the consistency review process, (i.e., to develop regulations, guidelines or other advisory materials). Again, internal reports, etc. may be included as attachments in lieu of narrative in the performance reports. Prop-ram Changes 'Me report should identify any changes to state authorities or organizational structure that occurred during the reporting period and which may affect the federally approved CZM program. Examples include changes in CZM or core program. statutes, changes in organization or coordination agreements, amended regulations, approval of local coastal programs, and designation of special management areas. If no changes have occurred to the approved program during the reporting period, please include a statement to this effect. This report is not a substitute for the formal submission to OCRM of such program changes pursuant to 15 CFR 923.80-84. Section C Annual Report The purpose of this section is to enable OCRM to: (1) collect comprehensive information for a national database on coastal management issues, (2) collect information on innovative management techniques for exchange between programs, (3) cite specific accomplishments under the Federal CZM program, and (4) identify emerging coastal management issues. The topic areas under this section reflect the national coastal management objectives as defined in the Coastal Zone Management Act, as amended, Section 303(2)(A)-(I). Section C must be completed once a year and submitted to OCRM on October 31. The report will include information on the previous twelve months, e.g., October 1 to September 30. OCRM has prepared Attachment C. which describes the information to be reported in the annual report. The questions with an asterisk (*) are one-time questions from last year and should be answered only if changes have occurred since you submitted Section Q (i.e., legislative changes, new initiatives, emerging problems). The questions with an ampersand (@) are new or revised questions; they should be answered this year even if they are one-time questions. Please note that several of the new questions replace questions from last year's guidance. In some cases, the number of questions has been reduced for a section (i.e., ocean and coastal use management). When responding to the questions in Section C, discuss specific examples wherever possible. Examples could include the use of CZM funds for a sman planning project as seed money for a large urban waterfront project, or the modification of a major development project to meet appropriate regulatory requirements. If a question is not applicable to a specific coastal management program, you do not need to address that issue. When appropriate, feel free to attach studies or reports to the performance report in lieu of or as a supplement to any narrative. 0 I I I I 0 . I Attachment A - Example of Grant Task Status I I I. I i I - I I t I I I I @ I I Attachment A- Example of Grant Task Status Task 88 - IV, Local Coastal Proi4rams Subtask A - LCP support contracts All local government support contracts were signed within 2 months of grant start date. (Summary sheet of contract start date and sub-award amount provided in attachment B.) Subtask B - Special Grants to Improve Local Monitoring and Enforcement Initiation of pilot projects has fallen behind since only City X has signed a contract. City Y and County Z have declined to finalize contracts because of lack of matching funds. Cities W and V may be interested in contracts - if contracts with these two cities cannot be signed by April 30, funds will need. to be reprogrammed to other tasks. Subtask C - Update of GIS data base for LCPs: Work presently is two months behind schedule due to delays in hiring a contractor (contract attached). Work is progressing on data collection (10 of 38 counties now complete) and we expect to be able to complete 1/2 of the update by June 30, which will fulfill the interim Sig Benchmark 1. Task 88 V, Refinement of Mit iQation Poligy Work is progressing on schedule. The interagency work group has met twice and agreed on the major policy issues to be addressed (offsite mitigation, replacement ratios, and impact assessment criteria.) This was based on the contractor's initial work product - a review of past mitigation projects in our state. Interim benchmarks 1 and 2 were met last quarter. A. The contractor was hired by January 15 (copy attached). B. The initial review of past mitigation projects was completed on March 28 (copy attached). Task 88 VI, 306A Projects Status of each project is as follows: Boat ramp #4 - All 306A information was received from the City on February I and forwarded to OCRM on February 15. We are awaiting response. significant improvement task Dune Walkover #5 - The City did not provide title opinion and PE by close of quarter - we expect to receive by April 30. Project should still be completed by end of the grant. Waterfront #6 - City Z has not provided necessary information. Funds will need to be reprogrammed to another 306(A) project that can be completed by the end of the grant or to task 88 X, Map Digitization, to speed up wetlands mapping. Task 88 VIL Beach Access Study - Region 1 Four meetings were held with the RPC and local governments to refine data requirements and collection methodology. Although no benchmarks or work products were due this quarter, items due next quarter should be on schedule. Draft outline of study attached FYI. Attachment Bl -Example of Permit Administration, Monitoring, and Enforcement Charts -am -OW-ANW-AMM P e r f o r m a n c e R e p o r t P e r m i t C h a r t For State CZM agencies with direct permitting authority. I I I I --I I I IState/Local I JPermits IPermits I I I lPermitting IType of Permit JApptications lissued w/out I Issued with IPermits JPermits JApplications JAgency IActivity IFited lConditions IConditions IDenied JWIthdrawn JPending lCoastal major coastal Imanagement IDevelopment JAgency IPermit I I lCoastat Iminor coastal Imanagement IDevelopment JAgency IPermit I I ILocat Gov't. coastal 1(if appropriate) Development I Permit JEtc. JTotat CZMP lRegutatory JActivity f The permitting CZM agency may use this chart or revise it to conform to their permit reporting procedures. Aw- Performance Report Permit Chart #2 F o r s t a t e C Z M p r o 9 r a m s w i t h n e t w o r k e d a g e n c i e s I I ,State/Locat I JPermIts Permits JPermitting Type of Permit jApptications lissued w/out I Issued with I Permits JPermits JAPPLications I JAgency IActivity Ifited lConditions IConditions I Denied lWithdrawn JPending I lWater Quality ITidal I I I Imanagement IDevelopment I I JAgency IPermit I I I I I I ILocal Gov't. Istormwater I I I 10f appropriate) IManagement I I I I IPermit I I I I I I I I JEtc. I I I I I I I I I I JTotat CZMP I I I I I I JRegutatory I I I I I I JActivity Where applicable indicate major or minor. These charts should be used by the states as guides. The states may submit the information in the form that the networked agedes use or process the data to fit a chart of this type. on 4w Performan-Ce ReDort Permit Chart 43 For both direct permitting CZM states and networked states. lViotations I I State IDetected for JTotat Tots( I IType of I Enforcement lReporting IViotations I Viotations I Iviotation, I Agency JPeriod IResotved I Pending I JPermit I I I I I lViolation I I I I I I I I Jun-permitted I I JActivity Ilotat IMI M_@ _M -W--AIW--WW P e r f o r m a n c e R e p o r t P e r m i t C h a r t # 4 D i s p o s t i o n o f t h e T o t a t V i o t a t i o n s R e s o I v e d Order to lRestore Area I State JAfter-the- lin Viotation Judiciat Ilype of I Enforcement lFact Permit Ito Original, I Enforcement jApptication I TotaL lViolation I Agency lissued lCondition I Actions JPendinq I lPermit I I I iViolation I I I I Jun-permitted JActivity I i I i I I Attachment B2 - Federal Consisteng Charts I I I 1. 01 0 0 11, 1@ I 1@ t t NOW -M--M -00--ow- I . 0 i r e c t F e d e r a A g e n c y A c t i v I t i e s S e c t i o n 3 0 7 ( c 1 ) a n d -C2" AM Description Date Federal Proximity to Mon-concurrence_ of Agency Coastal Zone concurrence Federal Activity or Notification (within, seaward Insufficient Inconsistent wl After Time of Agency Project Received landward) concurrence Information State Policies Modification Review I DOD/ACOE JDredge Within X X 45 days IMateriat Idisposal- I I IPort I I jBienvilte I I JHarbor Each individual project acted on during the past six months should be listed. ANW-AW -AWW --AM - - VW- I I . F e d e r a ( L Lc e n s e s a n d P e r m i t s - S e c t i o n 3 0 7 ( c 3 A Federal Number of Proiects concurrence .1 Licensingl I I or Permitl Type of Number of insufficient inconsistent w/ After Time of Agency Permit Number of Permitsl concurrences information State Policies Modification Review I DOD/ACOE ISection 10 6 3 1 2 2 60 days I land/or I ISection 404 Group projects by federal agency and type of license or permit. Ill. Federal Licenses and Permit Activities Described in Detail In OCS Plans - section 307(c)(3)(B) Projects Name and Non-concurrences Plan of Date I I concurrence Federal Exploration jAppticationj insufficient Inconsistent w/ After Time of I Agency I or Develop.1 Received Concurrence Information State Policies modification Review DOI/MMS JSanta Lucia X 6 days JUnit - P0007 (POE) L s t e a c h i n d i v i d u a i p r o a c t ARM- I V . F e d e r a t A s s i s t a n c e t oS t a t e a n d L o c a t G o v e r n m e n t sS e c t 1 o n 3 0 7 ( d No. of Non-concurrence Number of I Iconcurrences Federal Type of Number of Number of insufficient inconsistent wl After Time of Agency Assistance Applications Concurrences Information state Policies Modification Review IDOT/FHA IRoad 5 4 1 30 days I lAssistance I I Group cases by federal agency and type of funding. i - . I i 0 i Attachment C - Annual Repgrt I I 0 I I i . 0 0 I I i I i I I I Section C: Annual ReWrt Wetlands 1. What are your state's major coastal wetlands protection problems or issues (institutional, man-made or natural) and how are you addressing them? Problems or Issues i.e., 1. Illegal fill or dredging; 2. Violation of permit conditions; 3. Loss of habitat through erosion, storm, water level rise, subsidence, reduced fresh water inflow, or salt water intrusion; sedimentation; pollution; 4. Inadequate monitoring and enforcement; 5. Inadequate regulation or laws; 6. Limited geographic jurisdiction; 7. Limited coordination; 8. Lack of political will, public education, funding, staffing, data, etc. Note: In your response to the above, please try to specify differences regarding: 1. Estuarine Sub-tidal (SAV) 2. Estuarine Tidal (mudflats, emergent tidal) 3. Riverine Tidal 4. Riverine Non-tidal 5. Lacustrine (lakes and ponds) 6. Palustrine (swamps, shrub-scrub, marshes) 7. Other (i.e., seasonal) 2. To the best of your ability, please fill out the wetlands chart contained in Appendix A. If you cannot provide the information, what is your state doing to develop this type of database? *3. Cumulative Impact 0 How is your state/program required to factor cumulative impacts into habitat/wetland project review decisions (i.e., by law, regulation, through permits)? one-time question (answer again only if circumstances have changed) new question (answer in the October 1990 report) 2 @ o Have thresholds for cumulative impacts been developed? What methods were employed in determining these thresholds? o What problems have you had with implementing a cumulative impact review policy or process, i.e., inadequate data or definitions, exemptions? How are you attempting to address them? If you do not have such a policy/process, is one being considered? *4. Mitiization 0 Does your state have a state-wide habitat/wetlands mitigation policy, or do any individual state agencies employ any mitigation policies or internal guidelines? If so, describe how the policy framework is used to mitigate impacts to wetlands and how mitigation conditions on permits are coordinated among state and Federal agencies. Please attach a copy of the policy. framework. 0 When "compensatory mitigation" is required or allowed for unavoidable wetland alteration, what methods can be used (i.e., creation, restoration enhancement, mitigation banking, donation of wetlands or buffers, in lieu fees) and where is it required (or allowed), i.e., on site, in a similarly functioning ecosystem, within same watershed, in a mitigation bank, anywhere in coastal zone? @ o What type of mitigation is allowed? Is it in-kind replacement, out-of-kind replacement based on criteria,, any out-of-kind, other? 0 How is compensatory mitigation measured or mitigation banking credited? Is mitigation measured by area using replacementratios or it measured functionally by the functional equivalence of the lost wetland? If it is measured functionally, how is functional equivalency assessed? Which system is employed, e.g, HEP, PennHep, FHWA/Adamus Method, WET II? 0 How does your state assess the quality of compensatory mitigation? Does the state require monitoring and research on mitigation projects? If so, what is the basis for a successful/unsuccessful determination? 5. No Net Loss of Wetlands @ o Does your state or CZMP have a no net loss policy? Is one pending? Please attach a copy of the policy. @ o Does the state or CZMP have a system for accounting for no net loss? Is one being developed? 3 Coastal PoUution 1. What are your state's major coastal pollution trends and problems? What water quality parameters and contaminants does the state monitor? Please attach relevant statewide or coastal reports and a brief description of state water quality monitoring programs. @ Please submit a copy of your state's most recent Section 305(b) (Clean Water Act) report if you have not already done so. *2. In which specific areas (e.g. specific bays or estuaries) has water quality significantly improved or declined? What factors (such as increased urbanization, upgraded STPs) have caused these changes? *3. Which agency is responsible for the 401 certification program? Briefly describe the certification process, including how the state CZM agency interacts with the water quality agency (or division if the two are in the same agency). Is the 401 process effective? How can it be improved? 4. What new efforts has your state undertaken to address marine debris, e.g., plastics pollution and driftnets? What new activities has your state undertaken to address tributyltin pollution?. 5. Describe the efforts during the past year by your state (both State Water Quality Agency and the CZM Program) to address coastal non-point source pollution? What is the status of the non-point source plans required by the EPA under Section 319 of the Clean Water Act? What steps have been taken to implement the plans in the following areas, i.e., new state statutes or regulations related to: a. Stormwater management; b. Water quality-related considerations in marina sitings; c. Special Area Management Plans for estuarine areas; d. Institution of best management practices for land disturbing activities; e. Educational efforts; and f. Other @ Has the CZM program received �319 (Clean Water Act) funding from EPA to implement the above activities? Please provide a brief summary of funded projects and describe the CZM role in these and any other �319 projects. 6. Describe the CZM's agency's involvement in EPA initiatives such as the National Estuary Program (include committees on which you are a member) and Near Coastal Waters Program or give an update if you reported on this last year. Address ways in which the initiatives can be improved. 4 Ocean Dumpin @ 1. Describe any new ocean dumping developments in your state, e.g., state legislation, regulations, and litigation. @2. How well is "voluntary compliance" with Federal consistency on ocean dumping by the Corps of Engineers and the Environmental Protection Agency working? Permit SimpRication 1. Identify actions taken by your CZM program to simplify the permit process or other decision-making processes. Ocean and Coastal Use Management @1. Describe any new developments in ocean and coastal use management, e.g., state legislation, regulations, litigation, problems, conflicts between uses, and solutions. Please specify how the coastal program is involved. Coastal Hazards 1. Which of the following hazards are of concern to your state? For each indicated hazard, briefly describe the magnitude of the problem and the specific areas of concern. Coastal flooding and storm surge Coastal erosion (short and long term) Sea level rise/lake level fluctuation Subsidence Tsunamis Earthquakes Other (Identify) *2. Which of the following traditional techniques is the state currently using to address each of the above indicated hazards? Briefly describe how the technique is used and assess its effectiveness. 5 Public education Technical assistance to residents/businesses Research on cause/effect/response State or local planning (including disaster planning) Policy development Structural response (beach replenishment, bulkheads) Restrictions on development or use of areas Land/structure acquisition Other (explain) 3. What new or innovative actions is the state undertaking to address the hazards mentioned above, e.g. new studies, policies, financial incentives/disincentives. *4. Which of the following levels of coordination is the state involved in or p@omoting to address the above identified hazards? Describe the administrative/ organizational mechanisms to accomplish this coordination, and the role of the Coastal Management Program. Federal - State Interstate Intrastate State - Local CZMP - Floodplain managers Other (explain) Public Access @1. Please provide the following quantitative information concerning public access for last year: a. The number and type of public access projects, and the amount of funds spent on these projects. Please distinguish between CZM and non-CZM funded projects. b. The total number of acres or miles of shoreline acquired. C. The increased number of visitor days and state or local revenue resulting from state public access efforts. 2. Describe any innovative techniques that your state has used to acquire or enhance public access to the coast. Please be specific and provide examples; this could include access acquired through permit negotiations, etc. 6 @3. Describe any existing public access problems or conflicts, and solutions, if any, that have successfully resolved them. @4. Describe any new public access developments in your state, e.g., state legislation, regulations, handicapped access guidelines, litigation, and public access guides and educational efforts. Urban Waterfront and Ports 1. What are the major problems (both environmental and economic) concerning harbors and urban waterfronts in your coastal zone? How have you addressed the problems? Please give examples by port, city, issue, problem, and solution, i.e., water quality, to)(ics, commercial vs. recreational uses, harbor management plans, waterfront zoning, legislation, etc. APPMDIX "A" * WOMANDS GAIN/LOSS C3VW (Revised 4/30/90) STA'111: JU@POIUING YEAR: ACRES OF WETLANDS LOST Irpe of Wettand DREDGE FILL OTHERS FACTORS TOR wETLANDS LOSS permitted Mega( permitted Illegal EROSION FACTOR I FACTOR 2 FACTOR 3 FACTOR 4 Estuarine Sub-Tidal Estuarine Tidal Riverine Tidal Riverine Non-Tidal Lacustrine Palustrine other (i.e. Seasonal) Please specify other factors leading to wetlands loss that are reported here. ACRES OF WETLANDS GAINED lype of Wettand ACRES OF WETLANDS CREATED ACRES OF WETLANDS REStORED ACRES OF WETLANDS ENHANCED Method Method Method Method Method Method Method Method Method Estuarine-sub-Tidal Bstuarii-ne- Tidal Riverine Tidal R.verine Non-T-idal Lacus!'rine Palustrine -T other (ie. Seasonal) 1, I'lease spie-cify nethods used to create, restore or enhance wetlands (Le nethod 1 creation is creation of shallow bottaws from uplands, netlx)d 2 creation is marsh grass plantings, etc.) f I I S-818 71:8001 COASTAL ZONE MANAGEMENT ACT OF 1972 (PL 92-583, 16 U.S.C. 1451 el seq., October 27, 1972; Amended by PL 93-612, January 2, 1975; PL 94-370, July 26, 1976; PL 95-219, December 28, 1977; PL 95-372, September 18, 1978; PL 96-464, October 17, 1980; PL 98-620, November 11, 1984; PL 99-272, April 7, 1986; PL 99-626, November 7, 1986) SHORT TITLE Lakes, territorial sea, and Outer Continental Shelf are placing stress on these areas and are creating the need SEC. 30 1. This title may be cited as tlie "Coastal Zone for resolution of serious conflicts among important and Management Act of 1972". , competing uses and values in coastal and ocean waters. CONGRESSIONAL FINDINGS [Former 302(f)-(i) redesignated as (g)-6) by PL SEC. 302. The Congress Finds that - 96-4641 (a) There is a national interest in the effective manage- (g) Special natural and scenic characteristics are being ment. beneficial use, protection, and development of the damaged by ifl-planned development that threatens these coastal zone. values. (b) The coastal zone is rich in a variety of natural, (h) In light of competing demands and the urgent need commercial, recreational, ecological, industrial, and esthetic to protect and to give high priority to natural systems in resources of immediate and potential value to the present the coastal zone, present state and local institutional and future well-being of the Nation. arrangements for planning and regulating land and water (c) The increasing and competing demands upon the uses in such areas are inadequate. lands and waters of our coastal zone occasioned by pop- (i) The key to more effective protection and use of the ulation growth and economic development, including land and water resources of the coastal zone is to en- requirements for industry, commerce, residential courage the states to exercise their full authority over the development. recreation, extraction of mineral resources lands and waters in the coastal zone by assisting the and fossil fuels, transportation and navigation, waste dis- states, in cooperation with Federal and local posal, and harvesting of Fish, shellfish, and other living governments and other vitally affected interests, in marine resources, have resulted in the loss of living developing land and water use programs for the coastal marine resources, wildlife, nutrient-rich areas, perma- zone, including unified policies, criteria, standards, nent and adverse changes to ecological systems, decreas- methods, and processes for dealing with land and water ing open space for public use, and shoreline erosion. use decisions of more than local significance. (d) The coastal zone, and the Fish, shellfish, other living 6) The national objective of attaining a greater. degree marine resources, and wildlife therein, are ecologically of energy self-sufficiency would be advanced by fragile and consequently extremely vulnerable to destruc- providing Federal Financial assistance to meet state and tion by man's alterations. local needs resulting from new or expanded energy activi- (e) Important ecological, cultural, historic, and es- ty in or affecting the coastal zone. thetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged CONGRESSIONAL DECLARATION OF POLICY or lost. I SEC. 303. The Congress finds and declares that it is (302(f) added by PL 96-4641 the national policy- (f) New and expanding demands for food, energy, (1) to preserve, protect, develop, and where possible, minerals, defense needs, recreation, waste disposal, to restore or enhance, the resources of the Nation's transportation, and industrial activities in the Great coastal zone for this and succeeding generations-, 10-7-88 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. O.C. 20037 7 FEDERAL LAWS 71:8002 (2) to encourage and assist the states to exercise of life and property in hazardous areas, and improved effectively their responsibilities in the coastal zone predictability in governmental dccisionmaking; and through the development and implementation of manage- (4) to encourage the participation and cooperation ment pro,rams to aclicve wise use of the land and water of the public, stale and local governments, nd resources of the coastal zone, giving full consideration to interstate and other regional agencies, as well as of the ecological, cultural, historic, and esthetic values as well Federal agencies having programs affecting the coastal as to needs for economic development, which programs zone, in carrying out the purposes of this title. should at least provide for- [303 revised by PL 96-464) (A) the protection of natural resources, including wetlands, floodplains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their DEFINITIONS habitat, within the coastal zone, SEC. 304. For the purposes of' this title (B) the management of coastal development to (1) The term "coastal zone" means the coastal waters minimize the loss of life and property caused by (including the lands therein and thereunder) and the adja- improper development in flood-prone, storm surge, cent shorelands (including the waters therein and geological hazard, and erosion-prone areas and in areas thereunder), strongly influenced by each other and in of subsidence and saltwater intrusion, and by the proximity to the shorelines of the several coastal states, destruction of natural protective features such as and includes islands. transitional and intertidal areas, salt beaches, dunes, wetlands, and barrier islands. marshes. wetlands, and beaches. The zone extends, in (C) priority consideration being given to * coastal- Great Lakes waters, to the international boundary dependent uses and orderly processes for siting major between the United States and Canada and, in other facilities related to national defense, energy, fisheries areas, seaward to the outer limit of the United States development, recreation, ports and transportation, and territorial sea. The zone extends inland from the the location, to the maximum extent practicable, of new shorelines only to the extent necessary to control commercial and industrial developments in or adjacent shorelands, the uses of which have a direct and significant to areas where such development already exists, impact on the coastal waters. Excluded from the coastal (D) public access to the coasts for recreation zone are lands the use of which is by law subject solely to purposes, the discretion of or which is held in trust by the Federal (E) assistance in the redevelopment of deteriorating Government, its officers or agents, urban waterfronts and ports, and sensitive preservation f304(2) added by PL 96-4641 and restoration of historic, cultural, and esthetic coastal features, (2) The term "coastal resource of national significance" (F) the coordination and simplification of procedures means any coastal wetland, beach, dune, barrier island, in order to ensure expedited governmental decision- reef, estuary, or fish and wildlife habitat, if any making for the management of coastal resources, such area is determined by a coastal state to be of (G) continued consultation and coordination with, substantial biological or natural storm protective value. i and the giving of adequate consideration to the views [Former 304(2)-(16) redesignated as (3)-(17) by of 'affected Federal agencies, PL 96-4641 (H) the giving of timely and effective notification (3) The term "coastal waters" means (A) in the Great of, and opportunities for public and local government Lakes area, the waters within the territorial jurisdiction participation in, coastal management decisionmaking, of the United States consisting of the Great Lakes, their and connecting waters, harbors, roadsteads, and estuary-type (1) assistance to support comprehensive planning, areas such as bays. shallows, and marshes and (B) in conservation, and ,management for living marine re- other areas, those waters, adjacent to the shorelines, sources, including planning for the siting of pollution which contain a measurable quantity or percentage ofsea control and aquaculture facilities within the coastal zone, water, including, but not limited to. sounds. bays. .and improved coordination between State and Federal lagoons, bayous, ponds. and estuaries. coastal zone management agencies and State and (4) The term "coastal state" means a state of the wildlife aeencies; and United States in, or bordering on, the Atlantic. Pacific, (3@,g,to encourage the preparation of special ar a M, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, an. I or one [11 ent plans which provide for increased spect or more of the Great Lakes. For the purposes of' in protecting significant natural resources, reasonable this title, the term also Includes Puerto Rico. the Virgin coastal-dependent economic growth, improved protection Islands, Guam, the Commonwealth of the Northern Environment Reporter 8 S-763 COASTAL ZONE ACT 71:8003 Mariana Islands, and the Trust Territories of the any island. transitional area, and upland in. adjoining, or Pacific Islands. and American Samoa. adjacent to such estuary, and which constitute to the ex- [304(4) amended by Pi- 96-4641 tent feasible a natural unit, set aside to provide scientists (5) The term "coastal energy activity" means any of and students the opportunity to examine over a period of' ilic f*01lowing activities if'. and to the extent that (A) the time the ecological relationships within the -area. conduct, support, or facilitation of'such activity requires (9) The term "Fund" means the Coastal Energy Im- and involves the siting. construction. expansion, or pact Fund established by section 308(h). operation of' any equipment or facility; and (13) any (10) The term "land use" means activities which are technical requirement exists which, in the determination conducted in, or on the shorelands within, the coastal of' the Secretary, necessitates that the siting, construc- zone, subject to the requirements outlined in section tion, expansion*. or operation ofsuch equipment or facili- 307(g). I ty be carried out in, on in close proximity to, the coastal (11) The term "local government" means any political zone of any coastal state; subdivision of, or any special entity created by, any (1) Any outer Continental Shelf energy activity. coastal state which (in whole or part) is located in, or has (ii) Any transportation, conversion, treatment, authority over, such state's coastal zone and which (A) transfer, or storage of liquefied natural gas. has authority to levy taxes, or to establish and collect (iii) Any transportation. transfer, or storage of oil, user fees, or (13) provides any public facility or public ser- natural gas, or coal (including. but not limited to. by vice which is financed in whole or part by taxes or user means of any deep-water port, as defined in section 3(10) fees. Thle term includes, but is not limited to, any school ofthe Deepwater Port Act of 1974 (33 O.S.C. 1502( 10))). district, fire district, transportation authority, and any For purposes of this paragraph, the siting, constrdc- other special purpose district or authority. tion, expansion, or operation of any equipment or facility (12) The term "management program" includes, but is shall be 'in close proximity to the coastal zone of any not limited to, a comprehensive statement in words, coastal state if such siting, construction, expansion, or maps, illustrations, or other media of communication, operation has. or is likely to have, a significant effect on prepared and adopted by the state in accordance with the such coastal zone. provisions of this title, setting forth objectives, policies, (6) The term "energy facilities" means any equipment and standards to guide public and private uses of lands or f'acility which is or will be used primarily - and waters in the coastal zone. (A) in the exploration for, or the development, produ6 tion. conversion, storage.- transfer. processing, or (13) The term -outer continental shelf energy activity" transportation of, any energy resource; or means any exploration for, or any development or (13) for the manufacture, production, otassembly of production of, oil or natural gas from the outer con- equipment, machinery, products, or devices which are in- tinental shelf (as defined in section 2(a) of the Outer volve'd in any activity described in subparagraph (A). Continental Shelf Lands Act (43 U.S.C. 133 1 (a)), or the The term includes, but is not limited to (i) electric siting, construction, expansion, or operation of any new generating plants; (11) petroleum refineries and associated or expanded energy facilities directly required by such ex- facilities; '(iii) gasification plants; (iv) facilities used for ploration, development, or production. the transportation, conversion, treatment, transfer, or (14) The term "person" means any individual; any cor- storage of liquefied natural gas; (v) uranium enrichment poration, partnership, association, or other entity or nuclear fuel processing facilities; (vi) oil and gas organized or existing under the laws of any state; the facilities, including platforms, assembly plants, storage Federal Government; any state, regional, or local govern- depots, tank farms, crew and supply bases, and refining ment: or any entity of any such Federal, state, regional, complexes. (vii) facilities including deepwater ports, for or local government. the transfer of petroleum; (viii) pipelines and transmis- (15) The term "public facilities and public services" sion facilities: and (ix) terminals which are associated* means facilities or services which are-Financed, in whole with any of the foregoing. or in part, by any state or political subdivision thereof, (7) The term "estuary" means that part of a river or including, but not limited to. highways and secondary stream or other body of water having unimpaired connec- roads, parking, mass transit, docks, navigation aids, Fire tion with the open sea, where the sea water measurably and police protection, water supply, waste collection and iluted with fresh water derived from land drdinage. The treatment (including drainage). schools and education, term includes estuary-type areas of' the Great Lakes. and hospitals and health care. Such term may also in- (8) The term "estuarine sanctuary" means a research clude any other facility or service so financed which the area which may include any part or all of arLestuary and Secretary finds will support increased population. 5-16-86 Published by THE BUREAU OF NATIONAL AFFAIRS, INC.. Washington. D.C_ 20037 35 71:8004 FEDERAL LAWS (16) The term "Secretary" means the Secretary of (7) A definition of the term 'beach' and a planning Commerce. process for the protection of, and access to, public (17) The term 'special area management plan' beaches and other public coastal areas of environmental, means a comprehens:ve plan providing for natural recreational, historical, esthetic, ecological, or cultural resource protection and reasonable coastal-dependent value. economic growth containing a detailed and comprehensive (8) A planning process for energy facilities likely to be statement of policies; standards and criteria to guide located in, or which may significantly affect, the coastal public and private uses of lands and waters; and zone. -including, but not limited to, a process for an- mechanisms for timely implementation in specific ticipating and managing the impacts from such facilities. geographic areas within the coastal zone. (9) A planning process for (A) assessing the effects of [304(17) added by PL 96-4641 shoreline erosion (however caused), and (B) studying and (18) The term "water use" means activities which arc evaluating ways to control, or lessen the impact of, such conducted in or on the water, but does not mean or in- erosion, and to restore areas adversely affected by such clude the establishment of any water quality standard or erosion. criteria or the regulation of the discharge or runoff of No management program is required to meet the re- water pollutants except the standards, criteria, or quirements in paragraphs (7), (8), and (9) before October regulations which are incorporated in any program as 1, 1978. required by the provisions of section 307(f). (c) The Secretary may make a grant annually to any coastal state for the purposes described in subsection (a)(1) if such state reasonably demonstrates to the MANAGEMENT PROGRAM DEVELOPMENT satisfaction of the Secretary that such grant will be used GRANTS to develop a management program consistent with the SEC. 305. (a) The Secretary may make grants to any requirements set forth in section 306. The amount of any coastal state - such grant shall not exceed 80 per centum of such state's (1) under subsection (c) for the purpose of assisting costs for such purposes in any one year. No coastal state such state in the development of a management program is eligible to receive more than four grants pursuant to for the land and water resources of its coastal zone; and this subsection. After the initial grant is made to any (2) under subsection (d) for the purpose of assisting coastal state pursuant to this subsection, no subsequent such state in the completion of the development, and the grant shall be made to such state pursuant to this subsec- initial implementation, of its management program tion unless the Secretary rinds that such state is satisfac- before s'uch state qualifies for administrative grants un- torily developing its management program. der section 306. (d)(1) The Secretary may make a grant annually to any (b) The management program for each coastal state coastal state for the purposes described in subsection shall include each of the following requirements: (a)(2) if the Secretary finds that such state meets the (1) An identification of the boundaries of the coastal eligibility requirements set forth in paragraph (2). The zone subject to the management program. amount of any such grant shall not exceed 80 per centum (2) A definition of what shall constitute permissible of the costs for such purposes in any one year. land uses and water uses within the coastal zone which (2) A coastal state is eligible to receive grants under have a direct and significant impact on the coastal this subsection if it has - waters. (A) developed a management program which (3) An inventory and designation of areas of particular (i) is in compliance with the rules and regulations concern within the 'coastal zone. promulgated to carry out subsection (b), but (4) An identification of the means by-which the state (ii) has not yet been approved by the Secretary under proposes to exert control over the land uses and water section 306; uses referred to in paragraph (2), including a listing of (B) specifically identified, after consultation with the relevant constitutional provisions, laws, regulations, and Secretary, any deficiency in such program %@hich makes judicial decisions. it ineligible for approval by the Secretary pursuant to sec- (5) Broad guidelines on priorities of uses in particular tion 306, and has established a reasonable time schedule areas, including specifically those uses of lowest priority. during which it can remedy any such deficiency; ,6) k description of the organizational structure (C) specified the purposes for which any such grant will proposed to implement such management program, in- be used: cluding the responsibilities and interrelationships of (D) taken or is taking adequate steps to meet anv re- local. areawide, state, regional, and interstate agencies in quirement under section 306 or 307 which involves any the management process. Federal official or agency. and Environment Reporter 36 COASTAL ZONE ACT S-763 71:8005 (E) complied with any other requirement which the management program, if the state matches any such Secretary. by rules and regulations, prescribes as being grant according to the following ratios of Federal to necessary and appropriate to carry out the purposes of state contributions for the applicable fiscal year: 4 to I this subsection. for fiscal year 1986; 2.3 to I for fiscal year 1987; 1.5 to 1 (3) No management program for which grants are for fiscal year 1988; 1 to I for any fiscal year after fiscal made under this subsection shall be considered an ap- year 1988. The Secretary may make the grant only if the proved program for purposes of section 307. Secretary- (c) Grants under this section shall -be made to, and (1) finds that such program meets the requirements allocated aniong. the coastal states pursuant to rules and of section 305(b); regulations promulgated by the Secretary; except that - 2) approves such program in accordance with (1) no grant shall be made under this section in an I amount which is more than 10 per centum of the total subsections (c), (d) and (e); and amount appropriated to carry out the purposes of this (3) Finds, if such program has been administered with financial assistance under this section for at least one section, but the Secretary may waive this limitation in year, that the coastal state will expend an increasing the case of any coastal state which is eligible for grants under subsection (d); and proportion of each grant received under this section (2) no grant shall be made under this section in an (but not more than 30 per centum of the grant unless amount which is less than- I per centurn of the total the state chooses to expend a higher percentage) amount appropriated to carry out the.purposes of this on activities that.will result in significant improvement being made in achieving the coastal management section, but the Secretary shall waive this limitation in objectives specified in section 303(2)(A) through (1). the case of any coastal state which requests such a For purposes of this subsection, the costs of administer-. waiver. ing a management program includes costs incurred in (f) The amount of any grant (or portion thereoo made the carrying out, in a manner consistent with the under this section which is not obligated by the coastal procedures and processes specified therein, of projects state concerned during the fiscal year for which it was first authorized to be obligated by such state, or during and other activities (other than those of a kind the fiscal year immediately following, shall revert to the referred to in clauses (A), (B), or (C) of section Secretary who shall add such amount to the funds 306A(c)(2) that are necessary or appropriate to the implementation of the management program. available for grants under this section. (g) With the approval of-the Secretary, any coastal [306(a) revised by PL 96-464; PL 99-272] state may allocate to any- local government, to any areawide agency designated - under section 204 of the (b) Such grants shall be allocated to the states with ap- Demonstration Cities and Metropolitan Development proved programs based on rules and regulations Act of 1966, to any region--.' agency, or to any interstate promulgated by the Secretary which shall take into ac- agency, a portion of any gr 'ant received by it under this count the extent and nature of the shoreline and area section for the purpose of carrying out the provisions of covered by the plan, population of the area, and other this section. relevant factors: Provided, That no annual grant made (h) Any coastal state which has completed the develop- under this section shall be less than I per centum of ment of its management program shall submit such the total amount appropriated to carry out the purposes program to the Secretaryfor review an 'd approv *al pur- of this section: Andprovidedfurther, That the Secretary suant to section 306. Whenever the Secretary approves shall waive the application of the I per centum minimum the management program.of any coastal state under sec- requirement as to any grant under this section, when the tion 306, such state thereafier - coastal State involved requests such a waiver. (I) shall -not be eligible for grants under this section-, except that such state may receive grants under subsec- (306(b) amended by PL 93-612; PL 96464] tion (c) in order to comply with the requirements of (c) Prior to granting approval 'of a management paragraphs (7), (8), and (9) of subsection (b), and program submitted by a coastal state, the Secretary shall (2) shall be eligible for grants under section 306. find that: (1) The authority to make grants under this section (1) The state has developed and adopted a manage- shall expire on September. 3, 1979. ment program for its coastal zone in accordance with ADMINISTRATIVE GRANTS rules and regulations promulgated by the Secretary, after notice, and with the opportunity of full participation by SEC. 306. (a) The Secretary may make grants to any relevant Federal agencies, state agencies. local coastal state for the purpose of administering that state's governments, regional organizations. port authorities, 37 5-16-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington. D.C. 20037 '71:8006 FEDERAL LAWS ana other interested parties, public and private, which is plementing the management program required under adequate to carry out the purposes of this title and is con- paragraph (1) of this subsection. sistent with the policy declared in section 303 of this title. (6) The state is organized to implement the manage- (2) The state has: ment program required under paragraph (1) of this sub- (A) coordinated its program with local, areawide, and section. interstate plans applicable to areas within the coastal (7) The state has the authorities necessary to implement zone existing on January I of the year in which the state's the program, including tile authority required under sub- management program is submitted to the Secretary, section (d) of this section. which plans have been developed by a local government, (8) The management program provides for adequate an areawide agency designated pursuant to regulations consideration of the national interest involved in plan- established under section 204 of the Demonstration ning for, and in the siting of, facilities (including enerq Cities and Metropolitan Development Act of 1966, a facilities in, or which significantly affect, such state s regional agency, or an interstate agency; and coastal zone) which are necessary to meet requirements (B) established an effective rnechanism for continuing which are other than local in nature. In the case of such consultation and coordination between the management energy facilities, the Secretary shall find that the state agency designated pursuant to paragraph (5) of this sub- has given such consideration to any applicable interstate section and with local governments, interstate agencies, energy plan or program. regional agencies. and areawide agencies within the (9) The management program makes provision for coastal zone to assure the full participation of such local procedures whereby specific areas may be designated for governments and agencies in carrying out the purposes of the purpose of preserving or restoring them for their con- this title; except that the Secretary shall not find any servation, recreational, ecological, or esthetic values. mechanism to be 'effective' for purposes of this sub- (d) Prior to granting approval of the management paragraph unless it includes each of the following re- program, the Secretary shall Find that the state, acting quirements: through its chosen agency or agencies, including local (1) Such management agency is required, before im- governments, areawide agencies designated under section plementing any management program decision which 204 of the Demonstration Cities and Metropolitan would conflict with any local zoning ordinance, decision, Development Act of 1966, regional agencies, or interstate or other action, to send a notice of such management agencies, has authority for the management of the program decision to any local government whose zoning coastal zone in accordance with the management authority is affected thereby. program. Such authority shall include power - (ii) Any such notice shall provide that such local (1) to administer land and water use regulations, con- government may, within the 30-day period commencing trol development in order to ensure compliance with the on the date of receipt of such notice, submit to the management program, and to resolve conflicts among management agency written comments on such manage- competing uses, and - en program decision, and any recommendation for (2) to acquire fee simple and less than fee simple in- a,@d it e.irtn atives thereto, if no action is taken during such terests in lands, waters, and other property through con- period which would conflict or interfere with such demnation or other means when necessary to achieve management program decision, unless such local govern- conformance with the management program. ment walves.its right to comment. (e) Prior to granting approval'thc Secretary shall also (iii) Such management agency, if any such comments rind that the program provides:' are submitted to it, with such 30-day period, by any local (1) for any one or a combination of the following government - general techniques for control of land and water uses (1) is required to consider any such comments, within the coastal zone; (11) is authorized, in its discretion, to hold a public hearing on such comments, and (A) State establishment of criteria and standards for (111) may not take any action within such 30-day local implementation, subject to adminisfrative review period to implement the management program decision, and enforcement of compliance; whether or not modified on the basis of such comments. (B) Direct state land and water use planning and (3) The state has held public hearings in the develop- regulation; or ment of the management program. *I (C) State administrative review for consistency with (4) The management program and any changes thereto the management program of all development plans, pro- have been revlc%ve@ and approved by the Governor. J.ects, or land and water use regulations, including excep- (5) The Governor of the state has designated a single tions and variances thereto. proposed by any state or agency to receive and administer the grants for im- local authority or private developer. %vith power to ap- Environment Reporter 38 S-763 COASTAL ZONE ACT 71:8007 prove or disapprove after public notice and an opportuni the management program into a single unified program ty for hearings. and that the unified program will be completed as soon as (2) for a method ofassuring that local land and water is reasonably practicable. use regulations within the coastal zone do not un- (i) The coastal states arc encouraged to provide in reasonably restrict or exclude land and water uses of their management programs for- regional benefit. (A) the inventory and designation of areas that (f) With the approval of the Secretary, a state may contain one or more coastal resources of national allocate -to a local government, an areawide agency significance; and designated under section 204 of the Ddmonstration Cities (13) specific and enforceable standards to protect and Metropolitan Development Act of 1966, a regional such resources. agency, or an interstate agency, a portion of the grant un- If the Secretary determines that a coastal state has der this section for the purpose of carrying out the failed to make satisfactory progress in the activities pro@isions of this section. Provided. That such allocation described in this subsection by September 30, 1984, the s ha 11 not relieve the state of the responsibility for *en- Secretary shall not make any grants to such state suring that any funds so allocated are applied in provided under section 306A after such date. furtherance of such state's approved management [306(i) added by PL 96-464] program. [Editor's note.- Section 5(b) of PL 96-464 provides: (g) Any coastal state may amend or modify the -(b) The amendments made by subsection (a)(1) management program which it has submitted and which and (2)* of this section apply with respect to grants has been approved by the Secretary under this section, made after September-30, 1980, under section 306 of pursuant to the required procedures described in subsec- the Coastal Zone Management Act of 1972 and, tion (c), and subject to the following conditions: within two hundred and seventy days after such date, (1) The state shall promptly notify the Secretary of the Secretary of Commerce shall issue regulations any proposed amendment, modification or other pro- relating to the administration of subsection (a) of gram change and submit it for Secretarial approval. The such section 306 (as so amended by such subsection Secretary may suspend all or part of any grant made (a)(1))."I under this section pending state submission of the pro- posed amendments, modification or other program RESOURCE MANAGEMENT change. (2) Within 30 days from the date on which the IMPROVEMENT GRANTS Secretary receives any proposed amendment, the Secre- [306A added by PL 96-464] tary shall notify the state whether the Secretary ap- SEC. 306A. (a) For purposes of this section- proves or disapproves the amendment, or whether the (1) The term 'eligible coastal state' means a coastal Secretary finds it is necessary to extend the review of the state that for any fiscal year for which a grant is proposed amendment for a period not to exceed 120 days applied for under this section- from the date the Secretary received the proposed ((A) has a management program approved under amendment. The Secretary may extend this 120-day section 306; and period only as necessary to meet the requirements of the (B) in the judgment of the Secretary, is making National Environmental Policy Act (42 U.S.C. 4321 et satisfactory progress in activities designed to result in seq.). significant improvement in achieving the coastal manage- (3) The state may not implement any proposed ment objectives specified in section 303(2)(A) through amendment as part of its approved program pursuant to (0. section 306, until after the proposed amendment has (2) The term 'urban waterfront and port' means any been approved by the Secretary. developed area that is densely populated and is being (306(g) revised by PL 99-272] used for, or has been used for, urban residential recreational, commercial, shipping 6r industrial pur- poses. (h) At the discretion of the state and with the approval (b) The Secretary may make grants to any eligible of the Secretary, a management program may be coastal state to assist that state in meeting one or developed and adopted in segments so that @mmediatc more of the following objectives: attention may be devoted to those areas 'within the coastal zone which most urgently need management programs. Provided. That the state adequately provides *Subsections (a)(1 ) and (2) amcnded Section 306(a) and (b). for the ultimate coordination of the various segments of . respectively. of this Act. 5-16-86 Published by THE BUREAU OF NATIONAL AFFAIRS, iNc,. washington, D.C. 20037 39 71:8008 FEDERAL LAWS (1) The preservation or restoration of specific areas 1.5 to I for fiscal year 1988; and I to I for each fiscal of the state that (A) are designated under the manage- year after fiscal year 1988. ment prograrn procedures required by section 306 [Former 306A(d)(1) deleted and (c)(9) because of their conservation recreational, new (d)(1) added by PL 99-2721 ecological, or esthetic values, or (B) contain one or (2) Grants provided under this section may be used more coastal resources of national significance. to pay a coastal state's share of costs required -under (2) The redevelopment of deteriorating and under- any other Federal program that is consistent with the utilized urban waterfronts and ports that are designated purposes of this section. under section 305(b)(3) in the state's management (3) The total amount of grants made under this program as areas of particular concern. section to any eligible coastal state for any fiscal (3) The provision of access of public beaches and year may not exceed an amount equal to 10 per centun@ other public coastal areas and to coastal waters in of the total amount appropriated to carry out this accordance with the planning process required under section for such fiscal year. section 305(b)(7). (e) With the approval of the Secretary, an eligible (c) (1) Each grant made by the Secretary under coastal state may allocate to a local government, an this section shall be subject to such terms and con- areawide agency designated under section 204 of the ditions as may be appropriate to ensure that the grant Demonstration Cities and Metropolitan Development is used for purposes consistent with this section. - Act of 1966, a regional agency,'or an interstate agency, (2) Grants made under this section may be used for- a portion of any grant made under this section for (A) the acquisition of fee simple and other interests the purpose of carrying out this section, except that in land, such an allocation shall not relieve that state of the (B) low-cost construction projects determined by the responsibility for ensuring that any funds so allocated Secretary to be consistent with the purposes of this are applied in furtherance of the state's approved section, including but not limited to, paths, walkways, management program. fences, parks, and the rehabilitation of historic buildings (f) In addition to providing grants under this section, and structures; except that not more than 50 per centurn the Secretary shall assist *eligible coastal states and their of any grant made under this section may be used for local governments in identifying and obtaining other such construction projects; sources of available Federal technical and financial (C) in the case of grants made for objectives assistance regarding the objectives of this section. described in subsection (b)(2)- (i) tl@c rehabilitation or acquisition of piers to COORDINATION AND COOPERATION provide increased public use, including compatible SEC. 30T (a) In carrying out his functions and respon- commercial activity, sibilities tinder this title, the Secretary shall consult with, (n) the establishment of shoreline stabilization cooperate with, and, to the maximum extent practicable, measures including the installation or rehabilitation of coordinate his activities with other interested Federal bulkheads for the purpose of public safety or increasing agencies. public access and use, and (b) The Secretary shall not approve the management (iii) the removal or replacement of pilings where program submitted by a state pursuant to section 306 un- such action will provide increased recreational use of less the views of Federal agencies principally affected by urban waterfront areas, such program have been adequately considered. but activities provided for under this paragraph shall (c)(1) Each Federal agency conducting or supporting not be treated as construction projects subject to the activities directly affecting the coastal zone shall conduct limitations in paragraph (B); or support those activities in a manner which is, to the (D) engineering. designs, specifications, and other maximum extent practicable, consistent with approved appropriate reports; and state management programs. (E) educational, interpretive, and management costs (2) Any Federal agency which shall undertake any and such other related costs as the Secretary determines development project in the coastal zone of a state shall to be consistent with the purposes of this section. insure that the project is, to the maximum extent prac- (d)(1) The Secretary may make grants to any coastal ticable. consistent with approved state management state for the purpose of carrying out the projec( or programs. purpose for which such grants are awarded, if the state (3)(A) A fter final approval by the Secretary of a state's matches any such grant according to the following ratios managenient program, any applicant for a required of Federal to state contribution for the applicable fiscal Federal license or permit to conduct an activity affecting year: 4 to I for fiscal 1986-, 2.3 to I for fiscal year 1987; land or water uses in the coastal zone of that state shall Environment Reporter 40 COASTAL ZONE ACT S-763 71:13009 provide in tile application to the ficcilsing or pcriilitting graph (A), except if such state falls to concur with or agency a certification that the proposed activity complies object to such certification within three months after with the state's approved program and that such activity receipt of its copy.of such certification and supporting will be conducted in I manner consistent with the information, such state shall provide the Secretary, the program. At the same time. the applicant shall furnish to appropriate federal agency, and such person with a tile state or its designated agency a copy of the certifica- written statement describing the status of review and the tion,- with all necessary information and data. Each basis for further delay,in issuing a final decision, and if coastal state shall establish procedures for public notice such slaternent is no, so provided, concurrence by such in tile case of all such certificat ions and, to the extent it state with. such certification shall be conclusively pre- deenis appropriate, procedures for public hearings in sumed; or connection therewith. At the earliest practicable time, the [(ii) revised by PL 95-372, September 18, 19781 state or its designated agency shall notify the@ Federal (iii) the Secretary Finds, pursuant to subparagrdph (A), agency concerned that the state concurs with or objects to that each activity which is described in detail in such plan the applicant's certification. If the state or its designated is consistent with the objectives of' this title or is agency fails to furnish the required notification within six otherwise necessary in the interest of' national security. months after receipt of its copy of the applicant's cer- If a state concurs or Is conclusively presumed to con- tification, the state's concurrence with the certificat.ion cur, or if the Secretary makes such a finding, the shall be conclusively presumed. No license or permit provisions of subparagraph (A) are not applicable with shall be granted by the Federal agency until the state or respect to such person, such state, and any Federal its designated agency has concurred with the applicant's license or permit which, is required to conduct any activi- certl I ication or until, by the state's failure to act, the con- ty affecting land uses or water uses in tile coastal zone of currence is conclusively presumed, unless the Secretary, such state which-is described in detail in the plan to which on his own initiative or upon appeal by the applicant, such concurrence or finding applies. If such state objects finds, after providing a reasonable opportunity for detail- to such certification and if the Secretary fails to make a ed comments from the Federal agency involved'and from finding under clause (iii) with respect to such certifica- the state, that the activity is consistent with the objectives tion, or if such person fails substantially to comply with of this title or is'otherwise necessary in the' in'terest of such plan as submitted, such person shall submit an national security. amendment to such plan, or a new plan, to the Secretary (13) After the management program of any coastal of the Interior. With respect to any amendment or new state has been approved by the Secretary under section plan submitted to the Secretary of the Interior pursuant 306, any person who submits to the Secretary of the to the preceding sentence, the applicable time period for Interior any plan for the exploration or development of, purposes of concurrence by conclusive presumption un- or production from, any area which has been leased un- der subparagraph (A) is 3 months. dcr the Outer Continental Shelf Lands Act (43 U.S.C. (d) State and local governments submitting 133 1 et seq.) and regulations under such Act shall, with applications for Federal assistance under other Federal respect to any exploration, development, or production programs affecting the coastal zone shall indicate the described in such plan and affecting any land use or water views of the appropriate state or local agency as to the use in the coastal zone of such state, attach to such plan a relationship of -such activities to the approved manage- certification that each activity which is described in detail ment program for the coastal zone. Such applications in such plan complies with such state's approved manage- shall be submitted and coordinated in accordance with ment program* and will be carried out in a manner consis- the provisions of title IV of the Intergovernmental Coor- tent with such program. No Federal official or agency dination Act of 1968 (82 Stat. 1098). Federal agencies shall gra nt such person any license or permit for any ac- shall not approve proposed projects that are inconsistent @tivity described in detail in such plan until such state or with a coastal state's management program, except upon its designated agency receives a copy of such certification a finding by the Secretary that such project is consistent and plan, together with any other necessary data and in- with the purposes of this title or necbssary in the interest formation, and until of national security. (i) such state or its designated agency, in accordance (e) Nothing in this title shall be construed with the procedures required to be established by such (1) to diminish either Federal or state jurisdiction, state pursuant to subparagraph (A), concurs with such responsibility, or rights in the field of' planning, develop- person's certification and notifies the Secretary and the nient, or control of water resources. submerged lands, or Secretary of the Interior of' such concurrence; navigable waters, nor to displace, superse@e. limit, or (11) concurrence by such state with such certifica- modify any interstate compact or the jurisdiction or tion is conclusively presumed as provided for in subpara- responsibility of any legally established joint or common 5-16-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. D.C. 20037 41 71:8010 FEDERAL LAWS agency of two or more states or of two or more states and this title, a coastal energy impact program. Such the Federal Government; nor to limit the authority of program shall consist of the provision of financial Congress to authorize and fund projects; assistance to meet the needs of' coastal states and local (2) as superseding, modifying, or repealing existing governments in such states resulting from specified ac- laws applicable to the various Federal agencies; nor-to tivities involving energy development. Such assistance, affect the jurisdiction, powers, or prerogatives of the which includes - International Joint Commission, United States and (A) grants, under subsection (b), to coastal states for Canada. -the Permanent Engineering Board, and the the purposes set forth in subsection (b)(5) with respect to United States operating entity or entities established pur- consequences resulting from the energy activities suant to the Columbia River Basin Treaty, signed at specified therein.- Washington, January 17, 1961, or the International (8) grants. under subsection (cXl), to coastal states for Boundary and Water Commission, United States and study of, and planning for, consequences relating to new M ico* or expanded energy facilities in, or which significantly 'Notwithstanding any other provision of this title, affect, the coastal zone: nothing in this title shall in any way affect any require- (C) grants, under subsection (c)(2), to, coastal ment (1) established by the Federal Water Pollution Con- states to carry out their responsibilities under the Outer trol Act, as amended, or the Clean Air Act, as amended, Continental Shelf Lands Act; or (2) established by the Federal Government or by any (D) loans, under subsection (d)(1), to coastal state or local government pursuant to such Acts. Such states and units of general purpose local government to requirements shall be incorporated in any program assist such states and units to provide new or improved developed pursuant to this title and shall be the water public facilities or public services which are required as a pollution control and air pollution control requirements result of coastal energy activity-, applicable to such program. (E) guarantees, under -subsection (d)(2) and subject to (g) hen any state's coastal zone management the provisions of subsection (0, of bonds or other progra: submitted for approval or proposed for evidences of indebtedness issued by coastal states and un- modification pursuant to section 306 of this title, includes its of general purpose local government for the purpose requirements as to shorelands which also would be sub- of providing new or improved public facilities or public ject to any Federally supported national land use pro- services which are required as a result of coastal energy gram which may be hereafter enacted, the Secretary, activity; prior to approving such program, shall obtain the con- currence of the Secretary of the Interior, or such other (F) grants or other assistance, under subsection (d)(3), Federal official as may be designated to administer the to coastal states and units of general purpose local national land use program with respect to that portion of government to enable such states and units to - meet the coastal zone management program affecting such in- obligations under loans or guarantees under subsection land areas. (d) (1) or (2) which they are unable to meet as they (h) In case of serious disagreement between any mature, for reasons specified in subsection (d)(3); and Federal agency and a coastal state - (G) grants, under subsection (d)(4), to coastal states (1) in the development or the initial implementation of which have suffered, are suffering, or will suffer any un- a management program under section 305; or avoidable loss of a valuable environmental or recreational (2) in the administration of a management program resource; approved under section 306; shall be provided, administered, and coordinated by the the Secretary, with the cooperation of the Executive Of- Secretary in accordance with the provisions of this sec- f ice of the President, shall seek to mediate the differences tion and under the rules and regulations required to be involved in such disagreement. The process -of such promulgated pursuant to paragraph (2). Any such mediation shall, with respect to any disagreement financial assistance shall be subject to audit under section described in paragraph (2), include public hearings which 313. shall be conducted in the local area concerned. (2) The Secretary shall promulgate, in accordance with section 3 17, such rules and regulations (including, but not COASTAL ENERGY IMPACT PROGRAM limited to, those required under subsection (e) as may be [308 revised by PL 95-372, September 18, 19781 necessary and appropriate to carry out the provisions of this section. SEC. 308. (a) (1) The Secretary shall administer and (b) (1) The Secretary shall make grants annually to coordinate, as part of the coastal zone management ac- coastal states. in accor@ance with the provisions of this tivities of the Federal Government provided for under subsection. Environment Reporter 42 COASTAL ZONE ACT S-763 71:8011 (2) Subject to paragraph (3). the amounts pay- expend or commit the proceeds of such grant in accord- able to coastal states under this subsection shall be, with ance with the purposes set forth in paragraph (5). respect to any such state for any fiscal year, the sum of (ii) For purposes of this subparagraph - the amounts caiculated. with respect to such state, pur- (1) the states of Connecticut, Delaware, Georgia, suant to subparagraphs (A), (13). and (Q: Maine, Maryland, Massachusetts, New Hampshire. (A) An amount which bears, to one-half of the New Jersey, New York. North Carolina, Pennsylvania, amount appropriated for the purpose of funding grants Rhode Island, South Carolina. and Virginia, the Coni- under this subsection for such fiscal year, the same ratio monwealth of Puerto Rico, and the Virgin Islands (the that the amount of outer Continental Shelf acreage which Atlantic coastal states) shall constitute one 'region': is adjacent to such state and which is newly leased by the (11) the states of Alabama, Florida, Louisiana, Federal Government in the immediately preceding fiscal Mississippi, and Texas (the Gulf coastal states) shall year bears to the total amount of outer Continental Shelf constitute one 'region'. acreage which is 'newly leased by the Federal Government (III) the states of California, Hawaii, Oregon, and in such preceding year. Washington (the Pacific coastal states) shall consti- (8) An amount which bears, to one-quarter of the tutc one 'region' and amount appropriated for such purpose for such fiscal (IV) the state of Alaska shall constitute one 'region'. year, the same ratio that the volume of oil and natural (13) if, after the calculations req ired under sub- gas produced in the immediately preceding Fiscal year u from the outer Continental Shelf acreage which is adja- paragraph (A), the total amount of funds appropriated cent to such state and which is leased by the Federal for making grants to coastal states in any Fiscal year pur- Government bears to the total volume of oil and natural suant to this subsection is less than the total amount of grants payable to all coastal states in such Fiscal year, gas produced in such year from all of the outer Continen- there shall be deducted from the amount payable to each tal Shelf acreage which is leased by the Federal Govern- coastal state which will receive more than 2 per centum ment. of the amount of funds so appropriated an amount equal (C) An amount which bears, to one-quarter of the to the product of amount appropriated for such purpose for such fiscal year, the same ratio that the volume of oil and natural (i) the amount by which the total amount of grants gas produced from outer Continental Shelf acreage leas- payable to all coastal states in such Fiscal year exceeds ed by the Federal Government which is first landed in the total amount of funds appropriated for making such such state in the immediately preceding fiscal year bears grants; multiplied by to the total volume of oil and natural gas produced from (1i) a fraction, the numerator of which is the all outer Continental Shelf acreage leased by the Federal amount of grants payable to such coastal state in such Government which is First landed in all of the coastal Fiscal year reduced by an amount equal to 2 per centurn states in such. year. of the total amount appropriated for such fiscal year (3XA)(i) A fter making the calculations rc- and the denominator of which is the total amount of quired under paragraph (2) for any fiscal year, the grants payable to coastal states which, in such fiscal year, Secretary. shall - will receive more than 2 per centum of the amount of (1) with respect to any coastal state which, based on funds so appropriated, reduced by an amount equal to the such calculations, would receive an amount which is less product of 2 per centurn of the total amount appropriated than 2 per centum of the amount appropriated for such for such fiscal year multiplied by the number of such Fiscal year, increase the amount appropriated for such coastal states. fiscal year, increase the amount payable to such coastal (C)(i) I f, after the calculations required under state to 2 per centum of such appropriated amount: and subparagraph (13) for any fiscal year, any coastal state (11) with respect to any coastal state which, in such would receive an amount which is greater than 371/2 per fiscal year,.would not receive a grant under paragraph centum of the amount appropriated for such Fiscal year. (2), make a grant to such coastal state in an amount the Secretary shall reduce the amoynt payable to such equal to 2 per centurn of the total amount appropriated coastal state to 371/2 per centum of such appropriated for making grants to all states under paragraph (2) in amount. such fiscal year if any other coastal state in the same (it) Any amount not payable to a coastal state in region will receive a grant under such paragrph in such a Fiscal year due to a reduction under clause (i) shall fiscal year, except that a coastal state shall not receive be payable proportionately to all coastal states which a grant under this subclause unless the Secretary deter- are to receive more than 2 per centunn and less than 371,': mines that it is being or will be impacted by outer Con- per centurn of the amount appropriated for such fiscal tinental Shelf energy activity and that it will be able to year, except that in no event shall any coastal state 5-16-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington, D.C. 20037 43 7.1:8012 FEDERAL LAWS per ccntum of such appropriated poses (except that priority shall be given to the use of receive more than 371/2 1 amount- such proceeds for the purpose set forth in subparagraph (iii) For purposes of this subparagraph, the term (A): payable proportionately' incans payment in any fiscal (A) The retirement of state and local bonds, it' any, year in accordance with the provisions of paragraph (2). which are guaranteed under subsection (d) (2), except exce t I in making calculations under such paragraph that, If the amount of such grants is insufficient to retire ,,,, Fcl,,,al I .S ,e r t ary shall only include those coastal states which both state and local bonds, priority shall be given to retir- arc to receive more than 2 per centurn and less than 371/1 ing local bonds. per centum of the amount appropriated for such fiscai (13) The study of, planning for, development of. and the year. carrying out of projects and programs in such state which (4)(A) The Secretary shall determine annually the are - amounts of the grants to be provided under this subsec- (i) necessary to provide new or improved public tion and shall collect and evaluate such informat Ion as facilities and public services which are required as a re- may be necessary to make such determinations. Each sult of outer Continental Shelf energy activity; Federal department, agency. and instrumentality shall (ii) of a type approved by the Secretary as eligible for provide to the Secretary such assistance in collecting and grants under this paragraph, except that the Secretary evaluating relevant information as the Secretary may may not disapprove any project or program for highways request. The Secretary shall request the assistance of any and secondary roads, docks, navigation aids, fire and appropriate state agency in collecting and evaluating police protection, water slupply. waste collection and such information. treatment (including drainage), schools and education, -(B) For purposes of making calculatioiis under and hospitals and health care. paragraph (2), outer Continental Shelf acreage is adja- The Secretary may, pursuant to criteria promulgated cent to a particular coastal state if such acreage lies on by rule, describe geographic areas in which public facili- that state's side of the extended lateral seaward boun- ties and public services referred to in clause (i) shall dar!*es of such state. The extended lateral seaward boun- be presumed to be required as a result of outer Con- daries of a coastal state shall be determined as follows: tinental Shelf energy activity for purposes of disbursing (i) I r a teral seaward boundaries have been clearly the proceeds of grants under this subsection. 'erncd or fixed by an interstate compact, agreement, or (C) The prevention, reduction, or amelioration of any d d j tu d i c iai Ilecision (if entered into, agreed to, or issued unavoidable loss in such state's coastal zone of any before the date of the enactment of this paragraph), such valuable environmental or recreational resource if such boundart ies shall be extended on the basis of the prin- loss results from coastal energy activity. ciples ofdelimitation used tosodefineorfix them in such (6) The Secretary, in a timely manner, shall determine Mcompact, agreement, or decision. that each coastal state has expended or committed, and (ii) If no lateral seaward boundaries, or any portion may determine that such state will expend or commit, thereof'have been clearly defined or Fixed by an in- grants which such state has received under this subsection terstate compact, agreement, or judicial decision, lateral in accordance with the purposes set forth in paragraph seaward boundaries shall be determined according to the (5). The United States shall be entitled to recover from applicable principles of law, including the principles of any"coastal state an amount equal to any portion' of any the Convention on the Territorial Sea and the Con- such grant received by such state under this subsection ti.guous Zone, and extended on the basis of such prin- which - ciples. (A) is not expended or committed by such state before (111) If after the date of enactment of this paragraph, the close of the fiscal year .immediately * following the two or more coastal states enter into or amend an in- fiscal year in which the grant was disbursed,' or - terstate compact or agreement in order to clearly define (B) is expended or committed' by such state for any or Fix lateral seaward boundaries, such boundaries shall purpose other than a purpose set forth in paragraph (5). thereafter be extended on the basis of the principles of Before disbursing the proceeds of any grant-under this delimita ion used to so define or Fix them in such com- subsection to any coastal state, the Secretary shall re- pact or agreement. quire such state to provide adequate assurances of being (C) For purposes of making calculations under this able to return to the United States any amounts to which subsection, the transitional quarter beginning July A, the preceding sentence may apply. 1976, and ending September 30, 1976, shall be included (c)(1) The Secretary shall make grants to any coastal vithin the fiscal year ending June 30, 1976. state if the Secretary rinds that the coastal zone ofsuch 1(5) Each coastal state shall use the proceeds of grants state is being, or is likely to be significantly affected by received by it under this subsection for the following pur- the siting, construction, expansion, or operation of new Environment Reporter APN 1 1 COASTAL ZONG ACT S-821 71:8013 or expanded energy facilities. Such grants shall be use@ (2) The Secretary shall, subject to the provisions of r the study of, and planning for (including, but not subsection (Q, guarantee, or enter into commitments to limited to, the application of the planning process includ- guarantee, the payment of interest on,and the principal ed in a management program pursuant to section amount of, any bond -or other evidence of indebtedness if `0 305(b)(8)) any economic, social, or environmental con- it is issued by a coastal state or a unit of g'eneral purpose sequence which has occurred, is occurring, or is likely to local government for the purpose of providing new or im- occur in such state's coastal zone as a result of the siting, proved public facilities or public services, or both, which construction, expansion,or operation of such new or ex- are requrrca as a result of a coastal energy activity. panded energy facilities. The amount of any such grant (3) If the Secretary finds that any coastal state or unit shall not exceed 80 per centum of the cost of such study of generaT purpose loca (govern men It is unable to meet its and planning. obli gations pursuant to a loan or guarantee madi; under (2) The Secretary shall make grants under this paragraph (1) or (2) because the actual increases in paragraph to any coastal state which the Secretary employment and related population resulting from Finds is likely to be affected by outer Continental Shelf coastal energy activity and the facilities associated with energy activities. Such grants shall be used by such state such activity do not provide adequate revenues to enable to carry out its responsibilities under the Outer Con- such state or unit to meet such obligations in accordance tinental Shelf Lands Act. The amount of any such grant with the appropriate repayment schcuule, the Secretary shall not exceed 80 per centurn of the cost of carrying shall, after review of the information submitted by such out such responsibilities. state or unit pursuant to subsection (e)(3), take any of the (3) (A) The Secretary shall make. grants to any following actions: coastal state to enable such state to prevent, reduce, (A) Modify appropriately the terms and conditions of or ameliorate any unavoidable loss in such state's such loan or guarantee. coastal zone of any valuable environmental or recrea- (B) Refinance such loan. tional resource, if such loss results from the transporta- (C) Make a supplemental loan to sucn state or unit the tion, transfer, or storage of coal or from alternative proceeds of which shall be applied to the-payment of ocean energy activities. principal and interest due under such loan or guarantee. (B) Such grants shall be allocated to any such state (D) Make a grant to such state or unit the proceeds of based on rules and regulations promulgated by the which shall be applied to the payment of principal and in- Secretary. which shall take into account the number of terest due under such loan or guarantee. coal or alternative ocean energy facilities, the nature of Notwithstanding the preceding sentence, if the Secretary their impacts, and such other relevant factors deemed - (i) has taken action under subparagraph (A), (B), or appropriate by the Secretary. (C) with respect to any loan or guarantee made under P08(c)(3) added by PL 96-464] paragraph (1) or (2),.and (d)(1) The Secretary shall make loans to any coastal (ii) finds that 'additional action under subparagraph state and to any unit of general purpose lo .cal government (A), (13), or (C) will not enable such state or unit to meet, to assist- such state or unit -to provide new or improved within a reasonable time,-its obligations under such loan public facilities.or public services, or both, which are re- or guarantee and any additional obligations related to. quired as a result of coastal energy activity. Such loans such loan or guarantee; the Secretary shall make a grant shall be made solely pursuant to this title, and no such or grants under subparagraph (D) to such state or unit in loan shall require as a condition thereof that any such an amount sufficient to enable such state or unit to meet- such outstanding obligations. state or unit pledge its full faith and credit to the repay- ment thereof. No loan shall be made under this (4) [308(d)(4) deleted by PL 96-4641 paragraph after September 30, 1986. (e) Rules and regulations with respect to the following (Editor's note. Section 6 of Public Law 99-626 pro- matters shall be promulgated by the Secretary as soon as vides the following exception to the deadline cited in practicable, but not later than 270 days after the date of 308(d)(1) of this Act: the enactment of this section: (1) A formula and procedures for apportioning "Sec. 6. AUTHORITY TO MAKE LOANS. equitably, among the coastal states, the amounts which The authority of the Secretary of Commerce@to make are available for the provision of Financial assistance un- loans under paragraph (1) of subsection (d) of section der subsection (d). Such formula shall be based on, and 308 of the Coastal Zone Management Act of 1972 limited to, the following factors: (Public Law 92-583, 16 U.S.C. 14519 et seq.) as amend- (A) The number of additional -individuals who are ex- ed, shall extend to September 30, 1987, for loans made pected to become employed in new or expanded coastal to eligible States or units pursuant to and in accord with energy activity, and the related new population, who agreements entered into between the Secretary and any reside in the respective coastal states. State prior to September 30, 1111, that provided for a (13) The standardized unit costs (as determined by the total sum of loans to be made to that State or its units, Secretary by rule), in the relevant regions of such states, but such loan authority shall be limited to $7,000,000."1 for new or improved public facilities and public services 11-18-88 Published by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037 3 71:8014 FEDERAL LAWS which are required as a result of such expected employ- (B) -no. guarantee shall be made unless the Secretary ment and the related new population. determines that such bonds or other evidences of in- (2) Criteria under which the Secretary shall review debtedness will - each coastal state's compliance with the requirements of (i) be issued only to investors who meet the re- subsection (g)(2). quircmcnts prescribed by the Secretary, or, if an offering (3) Criteria and procedures for evaluating the extent to to the public is contemplated, be underwritten upon which any loan or guarantee under subsection (d)(1) or terms and conditions approved by the Secretary; (2) which is applied for by any coastal state or unit of (ii) bear interest at a rate found not to be excessive by general purpose local government can be repaid through. the Secretary; and its ordinary methods and rates for generating tax (iii) contain, or be subject to, repayment, maturity, and revenues. Such procedures shall require such state or unit other provisions which are satisfactory to the Secretary; to submit to the Secretary such information which is - by the Secretary to be necessary for such (C) the approval of the Secretary of the Treasury shall specified be required with respect to any such guarantee, unless the evaluation, including, but not limited to - Secretary of the Treasury waives such approval; and 7 'A) a statement as to the number of additional in- (D) no guarantee shall be made after September 30, dividuals who are expected to become employed in the 1986. new or expanded coastal energy activity involved, and the related new population, who reside in such state or unit; (2) The full faith and credit of the United States is (B) a description, and the estimated costs of the new pledged to the payment, under paragraph (5), of any or improved public facilities or public services needed or default on any indebtedness guaranteed under subsection likely to be needed.as a result of such expectea employ- (d)(2). Any such guarantee made by the Secretary shall ment and related new population; be conclusive evidence of the eligibility. of the obligation (C) a projection of such state's or unit's estimated tax involved for such guarantee, and the validity of any such M' receipts during such reasonable time thereafter, not to guarantee so made shall be incontestable in the hands of exceed 30 years, which will be available for the repay- a holder of the guaranteed obligation, except for fraud or ment of such loan or guarantee; and material misrepresentation on the part of the holder, or (D) a proposed repayment schedule. known to the holder at the time acquired. The procedures required by this paragraph shall also provide for the periodic verification, review, and (3) The Secretary shall prescribe and collect fees in modification (if necessary) by the Secretary of the infor- connection with guarantees made under' subsection mation or other material required to be submitted pur- (d)(2). These fees may not exceed the amount which the suant to this paragraph. Secretary estimates to be necessary to cover the ad- (4) Requirements, terms, and conditions (which may ministrative costs pertaining to such guarantees. include the posting of security ) which shall be imposed (4) The interest paid on any obligation which is by the Secretary, in connection with loans and guarantees guaranteed under. subsection (d)(2) and which is received made under subsections (d)(1) and (2), in order to assure by the purchaser thereof (or the purchaser's successor in repayment within the time fixed, to assure that the interest), shall be included in gross income for the pur- proceeds thereof may not be used to provide public ser- pose of chapter I of the Internal Revenue Code of 1954. vices for an unreasonable length of time, and otherwise to The Secretary may pay out of the Fund to the coastal protect the financial interests of the United States. state or the unit of general purpose local government (5) Criteria under which the Secretary shall establish issuing such obligations not more than such portion of rates of, interest on loans made under subsections (d)(1) the interest on such obligations as exceeds the amount of and (3). Such rates shall not exceed the current average interest that would-be due at a comparable rate deter- market yield on outstanding marketable obligations of mined for loans made under subsection (d)(1). the United States with remaining periods to maturity (5)(A) Payments required to m made as a result of any comparable to the maturity of such loans. guarantee made under subsection (d)(2) shall'be made by In developing rules and regulations under this subsec- the Secretary from sums appropriated to the Fund or, tion, the Secretary shall, to the extent practicable, re- from moneys obtained from the Secretary of the quest the views of, or consult with, appropriate persons Mi regarding impacts resulting from coastal energy actiyity. Treasury pursuant to paragraph (6). (r)(1) Bonds or other evidences of indebtedness (B) If there is a default by a coastal state or unit of guaranteed under subsection (d)(2) shall be guaranteed general purpose local government in any payment of on such terms and conditions as the Secretary shall principal or interest due under a bond or other evidence prescribe, except that - of indebtedness guaranteed by the Secretary undez sub- (A) no guarantee shall be made unless the indebtedness section (d)(2), any holder of such bond or other evidence involved will be completely amortized within a of indebtedness may demand payment by the Secretary reasonable period, not to exceed 30 years; of the unpaid interest on and the unpaid principal of such Environment Reporter 4 S-763 COASTAL ZONE ACT 71:8015 obligation as they become due. The Secretary, after in- on outstanding marketable obligations of the United vestigating the facts presented by the holder, shall pay to States on comparable -maturities during the month the holder the amount which is due such holder, unless preceding the issuance of such notes or other obligations. the Secretary finds that there was no default by such state Any sum.% received by the Secretary through such or unit or that such default has been remedied. issuance shall be deposited in the Fund. The Secretary of (C) If the Secretary makes a payment to a holder un- the Treasury shall purchase any notes or *other der subparagraph (B), the Secretary shall - obligations issued under this paragraph, and for this pur- (i) have all of the rights granted to the Secretary or the pose such Secretary may use as a public debt transaction United States by law or by agreement with the obligor; the proceeds from the sale of any securities Issued under and the Second Liberty Bond Act, as now or hereafter in force. The purposes for which securities may be issued (ii) be subrogated to all of the rights which were under that Act are extended to include any purchase of granted such. holder, by law, assignment, or security notes or other obligations issued under this paragraph. agreement between such holder and the obligor. The Secretary of the Treasury may at anytime sell any of Such rights shall include, but not be limited to, a right the notes or other obligations so acquired under this of reimbursement to the. United States against the paragraph. All redemptions, purchases, and sales of such coastal 'state or unit of general purpose local government notes or other obligations by the Secretary of the for which the payment was made for the amount of such Treasury shall be treated as public debt transactions of payment plus interest at the prevailing current rate as the United States. determined by the Secretary. If such coastal state, or the (g)(1) No coastal state is eligible to receive any finan- coastal state in which such unit is located, is due to cial assistance under this section unless such state - receive any amount under subsection (b), the Secretary (A) has a management program which has been ap- shall, in lieu of paying such amount to such state, deposit proved under section 306; such amount in the Fund until such right of reimburse- (B) is receiving a grant under section 305(c) or (d); or ment has been satisfied. The Secretary may accept, in complete or partial satisfaction of any such rights, a con- (C) is, in the judgment of the Secretary, making veyance of property or interests therein. Any property so satisfactory progress toward the development of a obtained by the Secretary may be completed, main- management program which is consistent with the tained, operated, held, rented, sold, or otherwise dealt policies set forth in section 303. wi.th or disposed of on such terms or conditions as the (2).Each coastal state shall, to the maximum extent Secretary prescribes or approves. If, in any case, the sum practicable, provide that financial assistance provided under this section be apportioned, allocated, and granted received through the sale of such property is greater than the amount paid to the holder under subparagraph (D) to units of local government within such state on a basis plus costs, the Secretary shall pay any such excess to the which is proportional to the extent to which such units obligor. need such assistance. (D) The Attorney General shall, upon the request of (h) There is established in the Treasury of the United the Secretary, take such action as may be appropriate to States the Coastal Energy Impact Fund. The Fund shall enforce any right accruing to the Secretary or the United be available to the Secretary without fiscal year limita- States as a result of the making of any guarantee under tion as a revolving fund for the purposes of carrying out subsection (d)(2). Any sums received through any sale subsections (c) and (d). The Fund shall consist of-@- under. subparagraph (C) or recovered pursuant to this (1) any sums appropriated to the Fund; subparagraph shall be -paid into, the Fund. (2) payments of principal and interest received under any loan made under subsection (d)(1); (6) Ifthe.moneys available to the Secretary are not suf- (3) any fees received in connection with any guarantee ficient to pay any amount which the Secretary is made under subsection (d)(2); and obligated to pay under paragraph (5), the Secretary shall (4) any recoveries and receipts under security, subroga- issue to the Secretary of the Treasury notes or other tion, and other rights and authorities described in subsec- obligations (only to such extend and in such amounts as tion (f). may be provided for in appropriation Acts) in such forms All payments made by the Secretary to carry out the and denominations, bearing such maturities,, znd subject provisions of subsections (c), (d), and (0 (including re- to such terms and conditions as the Secretary of the imbursements to other Government accour:!!-.,, L_ Treasury prescribes. Such notes or other obligations shall paid from the Fund, onl@ Lu the extevii provided. for in bear interest at a rate determined by the Secretary of the appropriation Acts. Sums in the Fund which are not Treasury on the basis of the current average market yield currently needed for the purposes of subsections (c), (d), 5-16-66 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. D.C. 20037 47 FEDERAL LAWS 71:8016 i INTERSTATE GRANTS and (f) shall be kept on deposit or invested in obligations [309 revised by PL 96-4641 of, or guaranteed by, the United States. 1308(h) amended by PL 99-2721 SEC. 309. (a) The coastal States are encouraged to give high priority- (ij The Secretary shall not intercede in any land use or (1) to coordinating State coastal zone planning, water use decision of any coastal state with respect to the policies, and programs with respect to contiguous areas siting of any energy facility or public facility by making of such States; siting in a particular location a prerequisite to, or a con- (2) to studying, planning, and implementing unified d I t,,'o n0f'ri n'ancial assistance under this section. coastal zone policies with respect to such areas; and The Secretary may evaluate, and report to the (3) to establishing an effective mechanism, and C n on the efforts of the coastal states and units of adopting a Fccleral-State consultation procedure, for tk ress, identification, examination,- and cooperative resolution loocaiggovernment therein to reduce or ameliorate adverse of mutual problems with respect to the marine and c o ns and ,@equences resulting from coastal energy activity ten, to which such efforts-involve adequate con- coastal areas which affect, directly or indirectly, the on 'c ex applicable coastal zone. sideration of alternative sites. The coastal zone activities described in paragraphs (1), (k) To the extent that Federal funds are available un- (2), and (3) of this subsection may be conducted der, or pursuant to, any other law with respect to - pursuant to interstate agreements or compacts. The (1) study and planning for which Financial assistance may Secretary may make grants annually, in amounts not be provided under subsection (b)(4)(B) and (c)(1), -or to exceed 90 percent of the cost of such activities, if the (2) public facilities and public services for which finan- Secretary finds that the proceeds of such grants will be cial assistance may be provided under subsection used for purposes consistent with sections 305 and 306. (b)(4)(B) and (d), the Secretary shall, to'the extent prac- (b) The consent of the Congress is hereby given to ticable., administer such subsections two or more coastal States to negotiate, and to enter (A) on the basis that the financial assistance shall be in into, agreements or compacts, which do not conflict with addition to, and not in lieu of, any Federal funds which any law or treaty of the United States, for- any coastal state or unit of general purpose local govern- (1) developing and administering coordinated coastal ment may obtain under any other law; and zone planning, policies, and programs pursuant to sections 305 and 306; and (B) to avoid duplication. (2) establishing executive instrumentalities or agencies (1) As used in this section - which such States deem desirable for the effective (1) The term 'retirement,' when used with respect to implementation of such agreements or compacts. bonds, means the redemption in full and the withdrawal Such agreements or compacts shall be binding and from circulation of those which cannot be repaid by the obligatory upon any State or party thereto without issuing jurisdiction in accordance with the appropriate further approval by the Congress. repayment schedule. (c) Each executive instrumentality or agency which (2) The term 'unavoidable,' when used with respect to a is established by an interstate agreement or compact loss of any valuable environmental or recreational pursuant to this section is encouraged to give high resource, means a loss, in whole or in part - priority to the coastal zone activities described in (A) the costs of prevention, reduction, or amelioration subsection (a). The Secretary, the Secretary of the of which cannot be directly or indirectly attributed to, or Interior, the Chairman of the Council on Environmental assessed against, any identifiable person, and Quality, the Administrator of the Environmental Protec- (B) cannot be paid for with-finds which are available tion Agency, the Secretary of the department in which under, or pursuant to, any provision of Federal law other the Coast Guard is operating, and the Secretary of I than this section. Energy, or their designated representatives, shall partici- (3) The term 'unit of general purpose local govern- pate ex officio on. behalf of the Federal Gqvernment ment' means any political subdivision of any coastal state whenever any such Federal-State consultation is re- or any special entity created by such a state or subdivi quested by such an instrumentality or agency. (d) If no applicable interstate agreement or compact sion which (in whole or part) is located in, or has authori exists, the Secretary may coordinate coastal zone ty over ' such state's coastal zone, and which (A) -has act ivitics described in subsection (a) and may make authority to levy taxes or establish and collect user ants to ass* of two or more coastal fees, and (B) provides any public facility or public service gr ist any group states to create and maintain a temporary planning and which is Financed in whole or part by taxes or user fees. coordinating entity to carry out such activities. The Environment Reporter 48 COASTAL ZONE ACT S-763 71:8017 amount of such grants shall not exceed 90 percent (2) is failing to make satisfactory progress in provid- of the cost of creating and maintaining such an entity. ing in its management program for the matters referred The Federal officials specified in subsection (c), or to in section 306(i)(A) and (B). their designated representatives, shall participate on [312(c) amended by PL 99-2721 behalf of the Federal Government, upon the request of any such temporary planning and coordinating entity (d) The Secretary shall withdraw approval of the for it Federal-State consultation. management program of any coastal state, and shall (c) A coastal State is eligible to receive financial withdraw any Financial assistance available to that assistance under this section if such State meets the state under this title as well as any unexp6nded portion criteria established under section 308(g)(1). of such assistance, if the Secretary determines that the RESEARCH AND TECHNICAL ASSISTANCE coastal state is failing to adhere to, is not justified in FOR COASTAL ZONE MANAGEMENT deviating from (1) the management program approved by the Secretary, or (2) the terms of any grant or SEC. 310 [Repealed] cooperative -agreement funded under section 306, and [310 repealed by PL 99-2721 refuses to remedy the deviation. PUBLIC HEARINGS (e) Management program approval-and financial assistance may not be withdrawn under subsection (d), SEC. 311. All public hearings required under this title unless the Secretary gives the coastal state notice of must be announced at least thirty days prior to the hear- the proposed withdrawal and an opportunity for a ing date. At the time of the announcement, all agency public hearing on the proposed action. Upon the with- materials pertinent to the hearings, including documents, drawal of management program approval under this studies, and other data, must be made available to the subsection (d), the Secretary shall provide the coastal public for review and study. As similar materials are sub- state with written specifications of the actions that sequently developed, they shall be made available to the should be taken or not engaged in, by the state in public as they become available.to the agency. order that such withdrawal may be canceled by the REVIEW OF PERFORMANCE Secretary. [312 revised by PL 96-464] (f) The Secretary shall carry out research on, and offer technical assistance to the coastal states with SEC. 312. (a) The Secretary shall conduct a con- respect to, those activities, projects, and other relevant tinuing review of the performance of coastal states matters evaluated under this section that the Secretary with respect to coastal management. Each review shall considers to offer promise toward improving coastal include a written evaluation with an assessment and zone management. detailed findings concerning the extent to which the state has implemented and enforced the program approved by [Editor's note.- Section 9(b) of PL 96-464 provides: the Secretary, addressed the coastal management needs -(b) Within two hundred and seventy days after identified in section 303(2)(A) through (1), and the date of the enactment of this Act, the Secretary of adhered to the terms of any grant, loan, or cooperative Commerce shall issue such regulations as may be agreement funded under this title. necessary or appropriate to administer section 312 of (b) For the purpose of making the evaluation of a the Coastal Zone Management Act of 1972 (as coastal state's performance, the.Secretary shall conduct amended by subsection '(a)* of this section).' public meetings and provide opportunity for oral and written comments by the public. Each such evaluation shall be prepared in report form and the Secretary RECORDS AND AUDIT shall make copies thereof available to the public. SEC. 313. (a) E .ach recipient of a grant under this (c) The Secretary shall reduce any financial as- title or of financial assistance under Sec. 308 shall sistance extended to any coastal state under section 306 keep such records as the Secretar@ shall prescribe, (but not below 70 per centurn of the amount that including records which fully disclose the amount and would otherwise be available to the coastal state under disposition of the funds received under the arant and of such section for any year), and withdraw any unexpended the proceeds of such assistance. the total cost of the pro- portion of such reduction, if the Secretary determines ject or undertaking supplied by other sources, and such that the coastal state- other records as will facilitate an effcctive audit. (1) is failing to make significant improvement in achieving the coastal management objectives specified in section 303(2)(A) through (1); or 'Subsection (a) revised Section 112 of thisAct. 5-16-86 Published by THE BUREAU Of: NATIONAL AFFAIRS. INC.. Washington, D.C. 20037 49 71:8018 FEDERAL LAWS (b) The Secretary and the Comptroller General of tile (B) the law of the coastal State provides long-term United States, or any of their duly authorized represen- protection for reserve resources to ensure a stable envi- tatives, shall - ronmcnt for research; ( I ) after any grant is made under this title or any finan- (C) designation of the area as a reserve will serve to cial assistance is provided under section 308(d): and enhance public awareness and understanding of cstuar- (2) until the expiration of 3 years after - ine areas, and provide suitable opportunities for public (A) completion of the project, program, or other un- education and interpretation; and dertaking for which such grant was made or used, or (D) the coastal State in which the area is located has (B) repayment of the loan or guaranteed complied with the requirements of any regulations issued for which such financial assistance was provided, by the Secretary to implement this section. have access for purposes of audit and examination to any (c) Estuarine Research Guidelines.-The Secretary record, book, document, and paper which belongs to or is shall develop guidelines for the conduct of research used or controlled by, any recipient of the grant fufids or within the System that shall include- any person who entered into any transaction relating to (1) a mechanism for identifying, and establishing such financial assistance and which is pertinent for pur- priorities among, the coastal management issues that poses of determining if the grant funds or the proceeds of should be addressed through coordinated research within such financial assistance are being, or were, used in ac- the System; cordance with the provisions of this title. (2) the establishment of.common research principles and objectives to guide the development of research ADVISORY COMMITTEE programs within the System; - (3) the identification of uniform research methodolo- gies which will ensure comparability of data, the broad- SEC. 314. [Repealed] est application of research results, and the maximum use [314 repealed by PL 99-272] of the System for research purposes; (4) the establishment of performance standards upon NATIONAL ESTUARINE RESERVE which the effectiveness of the research efforts and the RESEARCH SYSTEM value of reserves within the System in addressing the coastal management issues identified in subsection (1) SEC. 315. (a)- Establishment of the System.-There is maybe measured; and . established the National Estuarine Reserve Research (5) the consideration of additional sources of funds for System (hereinafter referred to in this section as the estuarine research than the funds authorized under this 'Systern') that consists of- Act, and strategies for encouraging the use of such funds (1) each estuarine sanctuary designated under this within the System, with particular emphasis on mecha- section as in effect before the date of the enactment of nisms established under subsection (d). the Coastal Zone Management Reauthorization Act of In developing the guidelines under this section, the 1985; and Secretary shall consult with prominent members of the . (2) each estuarine area designated as a national es- estuarine research community. tuarine reserve under subsection (b). (d) Promotion and Coordination of Estuarine Re- Each estuarine sanctuary referred to in paragraph (1) is search.-The Secretary shall take such action as is hereby designated as a national estuarine reserve. necessary to promote and coordinate the use of the (b) Designation of National Estuarine Reserves.- System for research purposes including- After the date of the enactment of the Coastal Zone (1) requiring that the National Oceanic and Atmo- Management Reauthorization Act of 1985, the Secre- spheric Administration, in conducting or supporting es- tary may designaie an estuarine area as a national tuarine research give priority consideration to research estuarine reserve if- that uses the System; and (1) the Governor of the coastal State in which the (2) consulting with other Federal and State agencies area is located nominates the area for that designation; to promote use of one or more reserves within the and System by such agencies when conducting estuarine (2) the Secretary finds that- research. (A) the area is a representative estuarine ecosystem (e) Financial Assistance.-(I) The Secretary may, in that is suitable for long-term research and contributes to accordance with such rules and regulations as the Secre- the biogeographical and typological balance of the tary shall promulgate, make grants- System; (A) to a coastal State- EmAronment Reporter so COASTAL ZONE ACT S-818 71:8019 (i) for purposes of acquiring such lands and watcr@, consistent with the research guidelines developed under and any property interests therein, as arc necessary to subsection (c). ensure the appropriate long-term management of an (g) Rcport.-The Secretary shall Include in the report area as a national estuarine reserve, required under section 316 informat ion regarding- (ii) for purposes of operating or managing a national (I ) new designations of national estuarine reserves; estuarine reserve and constructing appropriate reserve (2) any expansion of existing national estuarine facilities, or reserves; (iii) for purposes of conducting educational or inter- (3) the status of the research program being conduct- prctive activities; and ed within the System; and (13) to any coastal State or public or private person for (4) a summary of the evaluations made under subscc- purposes of supporting research and monitoring within a tion (f). national estuarine reserve that arc consistent with the [315 amended by PL 96-464; revised by PL 99-2721 research guidelines developed under subsection (c). (2) Financial assistance provided under paragraph (1) shall be subject to such terms and conditions as the COASTAL ZONE MANAGEMENT REPORT Secretary considers necessary or appropriate to protect (316 head revised by PL 96-4641 the interests of the United States, including requiring SEC. 316. (a) The Secretary shall consult with the coastal States to execute suitable title documents setting Congress on a regular basis concerning the administra- forth the property interest or interests of the United States in any lands and waters acquireq in whole or part tion of this title and shall prepare and submit to with such financial assistance. the President for transmittal to the Congress a report summarizing the administration of this title during each (3)(A) The amount of the financial assistance pro- vided under paragraph (1)(A)(i) of subsection (e) with period of two consecutive fiscal years. Each report, which respect to the acquisition of lands and waters, or inter- shall be transmitted to the Congress not later than ests therein, for any one national estuarine reserve may April I of the year following the close of the not exceed an amount equal to 50 per centum of the biennial period to which it pertains, shall include, but costs of the lands, waters, and interests therein or not be restricted to (1) an identification of the state $4,000,000, whichever amount is less. programs approved pursuant to this title during the (13) The amount of the financial assistance provided preceding. Federal fiscal year and a description of those programs; (2) a listing of the states participating in under paragraph (1)(A)(ii) and (iii) and paragraph the provisions of this title and a description of the (1)(13) of subsection (e) may not exceed 50 per centum status of each state's programs and its accomplishments of the costs incurred to achieve the purposes described in during the preceding Federal Fiscal year: (3) an itemiza- those paragraphs with respect to a reserve. tion of the allocation of funds to the various coastal (f) Evaluation of System Performance.-(I) The Sec- states and a breakdown of the major projects and areas retary shall periodically evaluate the operation and man- on which these funds were expended, (4) an identifi- agement of each national estuarine reserve, including cation of any state programs which have been reviewed education and interpretive activities, and the research and disapproved and a statement of the reasons for such being conducted within the reserve. action; (5) a summary of evaluation findings prepared (2) If evaluation under paragraph (1) reveals that the in accordance with subsection (a) of section 312, and a operation and management of the reserve is deficient, or description of any sanctions imposed under subsections that the research being conducted within the reserve is (c) and (d) of this section; (6) a listing of all activities not consistent with the research guidelines developed and projects which, pursuant to the provisions of sub- under subsection (c), the Secretary may suspend the section (c) or subsection (d) of section 307, are not eligibility of that reserve for financial assistance under consistent with an applicable approved state manage- subsection (e) until the deficiency or inconsistency is ment program; (7) a' summary of the regulations issued remedied. by the Secretary or in effect ddring the preceding (3) The secretary may withdraw the designation of an Federal fiscal year; (8) a summary of a coordinated estuarine area as a national estuarine reserve if evalua- national strategy and program for the Nation's coastal tion under paragraph (1) reveals that- zone including identification and discussion of Federal, (A) the basis for any one or more of the firrdings made regional, state, and local responsibilities and functions under subsection (b)(2) regarding that area no longer therein; (9) a summary of outstanding problems arising exists; or in the administration of this title in order of priorltv-. (B) a substantial portion of the research conducted (10) a description of the economic, environmental, and within the area, over a period of years, has not been social consequences of energy activity affecting the 10-7-88 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. washington, D.C. 20037 9 1 8020 FEDERAL LAWS coastal zone and an evaluation of the effectiveness of rr@ay be necessary for grants under section 308(b); financial assistance under section 308 in dealing with (318(a)(2) deleted and (a)(3) redesignated as (2) ns( s n co ' equences; (11) a description and evaluation by PL 99-2721 Tour applicable interstate and regional planning and (3) such sums, not to exceed $1,000,000 for the fiscal coordination mechanisms developed by the coastal year ending September 30, 1986, and not to exceed states; (12) a summary and evaluation of the research, S1,500,000 for each of the fiscal years occurring during studies, and training conducted in support of coastal zone the period beginning October 1, 1996, and ending Sep- management; and (13) such other information as may tcmbcr 30, 1990, as -may be necessary for grants under be appropriate. section 309, to remain available until expended; [316(a) amended by PL 96464] (4) such sums, not to exceed S2,500,000 for the fiscal (b) The report required by subsection (a) shall contain year ending September 30, 1986, not to exceed such recommendations for additional legislation as the S3,800,000 for the fiscal year ending September 30, Secretary deems necessary to achieve the objectives of 1987, S4,500,000 for the fiscal year ending September this title and enhance its effective operation. 30, 1988, $5,000,000 for the fiscal year ending Septem- (c) (1) The Secretary shall conduct a systematic L Uer 30, 1989, and S5,500,000 for the fiscal year ending review of Federal programs, other than this title, that C, affect coastal resources for purposes of identifying -September 30, 1990, as may be necessary for grants conflicts between the objectives and administration of under section 315, to remain available until expended; such programs and the purposes and policies of this and title. Not later than I year after the date of the enact- (5) such sums, not to exceed $3,300,000 for the fiscal ment of this subsection, the Secretary shall notify each year ending September 30, 1986, not to exceed Federal agency having appropriate jurisdiction of any $3,300,000 for the fiscal year ending September 30, conflict between its program and the purposes and 1987, S3,300,000 for the fiscal year ending September policies of this title identified as a result of such review. 30, 1988, S4,000,000 for the fiscal year ending Septem- (2) The Secretary shall promptly submit a report to ber 30, 1989, and $4,000,000 for the fiscal year ending September 30, 1990, as may be necessary for adminis- the Congress consisting of the information required trative expenses incident to the administration of this under paragraph (1) of this subsection. Such report shall include recommendations for changes necessary to title. resolve existing conflicts among Federal laws and [318(a)(4)-(6) revised and redesignated programs that affect the uses of coastal resources. as (3)-(5) by PL 99-272] [316(c) added by PL 96-464] RULES AND REGULATIONS SEC 317, The Secretary shall develop and promulgate, (b) There are authorized - to be appropriated until pursuant to section 553 of title 5, United States Code October 1, 1986, to the Fund, such sums, not to exceed after notice and opportunity for full participation by rele' $800,000,000, for the purposes of carrying out the vant Federal agencies, state agencies, local governments, provisions of section 308, other than subsection (b), of regional organizations. port authorities, and other in- which not to exceed $150,000,000 shall be for purposes terested parties, both public and private, such rules and of subsections (c)(1), (c)(2) and (c)(3) of such regulations as may be necessary to carry out the section. provisions of this title. (318(b) amended by PL 96-4641 (c) Federal funds received from other sources shall AUTHORIZATION OF APPROPRIATIONS not be used to pay a coastal state's share of costs under section 306 or 309. SEC. 318. (a) There are authorized to be appropriated [318(c) amended by PL 964641 to the Secretary -' [318(a) revised by PL 96-4641 (d) The amount of any grant, or portion of a grant, (1) such sums, not to exceed $35,000,000 for the fiscal made to a State under any section of this Act which is year ending September 30, 1986, not to exceed not obligated by such State during the fiscal year, or $36,600,000 for the fiscal year ending September @0, during the second fiscal year after the fiscal year, for 19879 $37,900,00 for the fiscal year ending September which it was first authorized to be obligated by such 30, 1988, $38,800,000 for the fiscal year ending Septem- State shall revert to the Secretary. The Secretary shall ber 30, 1989, and $40,600,000 for the fiscal year ending add such reverted amount to those funds available for September 30, 1990, as may be necessary for grants grants under the section for such reverted amount was under sections 306 and 306A, to remain available until originally made available. expended. [318(d) added by PL 99-6261 [3 1 8(a)( I ) revised by PL 99-2721 [Editor's note.- In addition to amending existing sec- (2) such sums, not to exceed S75,000,000 for each of tions of the Coastal Zone Management Act of 1972 and the fiscal years occurring during the period beginning addine new sections to the Act, Pl- 94-370 includes the October 1, 1980, and ending September 30, 1988, as following sections:] Environment Reporter 10 S-763 COASTAL ZONE ACT 71:8021 SEC. 15.- A DMINISTRA TION the same date and to each House of theCongress while (a) [Repealed by PL 95-219] it Is in session.. Such final rule shall be@ referred to the (b) (Superseded by subsection (b) of PL 95-219. Committee on Commerce, Science, and Transportation see editor's note below.] of the Senate and to the Committee on Merchant Marine and Fisheries of the House, respectively. (c) [Repeated by PL 99-2721 (2) Any such final rule shall become effective: in accordance with its terms unless, before the end of the SEC. 16. SIIELLFISII SANITATION REGULA- period of sixty calendar days of continuous session, TIONS. after the date such final rule is submitted to the Congress, (a) The Secretary of Commerce shall - both Houses of the Congress adopt a concurrent resolu- (1) undertake a comprehensive review of all aspects of tion disapproving such final rule, . I the molluscan* shellfish industry, including, but not (b) (1) The provisions of this. subsection are limited to, the harvesting, processing, and transportation enacted by the Congress- of such shellfish; and (2) .. evaluate the impact of Federal law concerning (A) as an exercise in the rulemaking power of the water quality on the molluscan shelffish industry. House of Representatives and as such they are'deemed The Secretary of Commerce shall, not later than April a part of the Rules of the House of Representatives 30, 1977, submit a report to the Congress of the Findings, but applicable only with respect to the procedure to be comments, and recommendations (if any) which result followed in the House of Representatives in the case of from such review and evaluation. concurrent resolutions which are subject to this section, (b) The Secretary of Health. Education, and Welfare and such provisions stipetsede other rules only to the shall not promulgate final regulations concerning the extent that they are inconsistent with @uch other rules; national shellfish safety program before June 30, 1977. and At least 60 days prior to the promulgation of any such (8) with full recognition of the constitutional right regulations, the Secretary of Health, Education, and of either House to change the rules (so far as relating Welfare. in consultation with the Secretary pfCommerce, to the procedure of that House) at any time in the same shall publish an analysis (1) of the economic impact of manner and to the same extent as in the'case of any such regulations on the domestic shellfish industry, and other rule of that House. (2) the cost of such national shellfish safety program (2) Any concurrent resolution disapproving a (-trial relative to the benefits that it is expected to achieve. rule of the Secretary shall, upon introduction or receipt from the other House of the Congress, be referred [Editor's note.- In addition to repealing Section 15(a) immediately by the presiding officer of such House to of PL 94-370, subsection (b) of PL 95-219 amended the Committee on Commerce, Science, and Transporta- Section 5316 of Title 5, United States Code as follows: tion of the Senate or to the Committee on Merchant "(140) Assistant Administrator for Coastal Zone Marine and Fisheries of the House, as the case may be. Management, National Oceanic and Atmospheric Ad- (3) (A) When a committee has reported a con- ministration. current resolution, it shall be at any time thereafter in (141) Assistant Administrator for Fisheries, National order (even though a previous motion to the same effect Oceanic and Atmospheric Administration. has been disagreed to) to move to proceed to the con- (142) Assistant Administrators (3), National Oceanic sideration of the concurrent resolution. The motion and Atmospheric Administrat .ion. shall be highly privileged in the House of Representa- (143) General 'Counsel, National Oceanic and tives, and shall not be debatable. An amendment to Atmospheric Administration."] such motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the [Editor*s note.- Sections .2 through I I and 13 of motion was agreed to or disagreed to. PL 96-464 amended and have been incorporated into the (13) Debate in the House of Representatives on the existing language of this Act. Section 12 of PL 96-464 concurrent resolution shall be limited to not more than follows:] ten hours which shall be divided equally between those SEC 12. CONGRESSIONAL DISAPPROVAL favoring and those opposing such concurrent resolution el and a motion further to limit debate shall not be PROCEDURE. debatable. In the House of Representatives, an amend- (a) (1) The Secretary, after promulgating a final nient to, or motion to recommit, the concurrent rule, shall submit such Final rule to the Congress for resolution shall not be in order, and it shall not be review in accordance with this section. Such final rule in order to move to reconsider the vote by which such shall be delivered to each House of the Congress on concurrent resolution was agreed to or disagreed to. 5-16-86 Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington, D.C. 20037 53 71:8022 FEDERAL LAWS (4) Appeals from the decision of the Chair relating shall be rcvlcwable by appeal directly to the Supreme to the application of the rules of the House of Repre- Court of the United States. Such appeal shall be brought sentatives to the procedure relating to a concurrent not later than twenty days after the decision or the resolution shall be decided without debate. court of appeals. (5) Notwithstanding any other provision of this (3) [Repealedl subsection, if a House has approved a concurrent resolution with respect to any final rule of the 112(c)(3) repealed by PL 98-620] Secretary, then it shall not be in order to consider in such House any other concurrent resolution with respect (1) For purposes of this section- to the same Final rule. (A) continuity of session is broken only by an ad- (c) (1) If a final rule of the Secretary is disapproved journment sine die, and I by the, Congress under subsection (a)(2), then the (B) days on which the House of Representatives is Secretary may promulgate a final rule which relates not in session because of an adjournment of more to the same acts or practices as the final rule disapproved than Five days to a day certain are excluded in by the Congress in accordance with this subsection. the computation of the periods specified in subsection Such final rule- (a)(2) and subsection (b). (A) shall be based upon- (2) If an adjournment sine Aie of the Congress (i) the rulemaking record of the Final rule dis- occurs after the Secretary has submitted a Final rule approved by the Congress; or under subsection (aX 1), but such. adjournment occurs- (ii) such rulemaking record and the record estab- lished in supplemental rulemaking proceedings con- (A) before the end of the period' specified in ducted by the *Secretary in accordance with section 553 of subsection (a)(2); and title 5, United States Code, in any case in which the (B) before any action necessary to disapprove the Secretary determines that it is necessary to supplement final rule is completed under subsection (a)(2); e xis th e i ting rulemaking record; and then the Secretary shall be required to resubmit the 7 (B) may contain such changes as the Secretary final rule involved at the beginning of the next regular considers necessary or appropriate. session of the Congress. The period specified in sub- (2) The Secretary after promulgating a final rule section (a)(2) shall begin on the date of such resub- under this subsection, shall submit the final rule to the mission. Congress in accordance wit .h.subsection (a)(1). (g) For purposes of this section: (d) Congressional inaction on, or rejection of a (1) The term "Secretary" means the Secretary of concurrent. resolution of disapproval under this section Commerce. shall not be construed as an expression of approval (2) The term -concurrent resolution" means a con- of the final rule involved, and shall not be construed current resolution the matter after the resolving clause to create any presumption of validity with respect to of which'is as follows: "That the Congress disapproves such final rule. the Final rule promulgated by the Secretary of Commerce (e) (1) Any interested party may institute such dealing with the matter of which final rule actions in the appropriate district court of the United 11 States, including actions for declaratory judgment, as was submitted to the Congress on (The may be appropriate to construe the constitutionality blank spaces shall be rifled appropriately.) of any provision of this section. The district court (3) The term "rule" means any rule promulgated immediately shall certify all questions of the consti- by the Secretary pursuant to the Coastal Zone Manage- tutionality :of this section to the United States court ment Act (16, U.S.C. 1450 et. seq.). of appeals for the. circuit involved, which shall hear (h) The provisions of this section shall take effect the matter sitting en banc. on the date of the enactment of this Act and shall (2) Notwithstanding any other provision of law, any cease to have any force or effect after September 30, decision on a matter certified under paragraph (1) 1985'. Environment Reporter 54 I I 0 i I I Appendix E I I Evaluation of Existing H-PASS and Wang VS I I I I I I 1@ I 1@ Evaluation of Eidsting H-PASS and Wang VS 1.1 Evaluation of Hardware and Software Capability for Future Use 1.1.1 Wang VS minicomputer, Wang microcomputer terminals, Wang network The Wang VS minicomputer and terminals are still operating and can be used in the future. However, the $30,000 or greater annual cost for maintaining the system will outweigh the benefits for the CZM program. The technology used in the Wang VS and microcomputers is dated. Continued use of the Wang system will lock the CZM office into the full maintenance contract even though the H-PASS system is getting limited use. Greater functionality and reliability at a lower cost can be obtained by using IBM compatible microcomputers. In addition, IBM compatible microcomputers will be consistent with the systems the counties will be acquiring. This will make it easier for the CZM office to develop compatible database systems with the counties. The Wang telecommunications system is not functioning correctly. Only DLNR has an active connection to the H-PASS system. The counties and OEQC cannot access H-PASS because of telecommunications problems. The hardware vendor blames the application software, but no one is maintaining the applications software. The nd result is that the telecommunications problems will not be resolved. The Wang terminals can be used for general office tasks. However, because the terminals run an outdated version of DOS, some new applications may not run on them. 1.1.2 H-PASS application The design documents for the H-PASS application should be kept. The concepts behind the Statewide planning database still apply, and may assist the designers of future planning database systems. The H-PASS application should be phased out. T'he expertise and design specifications required to maintain the application do not exist. No one currently understands the system well enough to make enhancements. To reverse engineer the system will take a significant amount of time and money. This time and money can be more effectively spent developing a microcomputer application. With the current PC database and application tools, applications that are easier to use and more powerful than H-PASS can be developed in a shorter time than it will take to update the H- PASS system. In addition, the expertise to develop a PC database system is widely available, and could possibly be done by in-house CZM staff. A PC-based system will provide additional tools including integrated spreadsheets, word processing, and project management tools that are not available in the current Wang environment. I i i I I i I I I I I A endix F I I Monitoring Programs of Other States I I I I I 1@ I 1@ COMMUNITY RESOURCES, INC. CnA= ZCM MAVAGRIM NCWaXTdM AM =UCr&mz*W PFX)MMM SD= Prepared for: Eugene P. Dashiell, AICP Prepared by: Bcb Stanfield, Manager Cmmiunity Resources, Inc. Honolulu, Hawaii May 1990 1088 Bishop Street Suite 1102 0 Honolulu, Hawaii 96813 Phone (808) 528-2211 TABLE OF CONTENTS Page Executive Summary ES-1 1.0 The National Context 1-1 1.1 Hostile Political Environment 1-1 1.2 National Studies of CZM Effectiveness 1-1 1.3 New Federal Reporting Requirements 1-2 2.0 Survey Findings 2-1 2.1 Monitoring 2-1 2.1.1 Permits 2.1.2 Federal Consistency 2.1.3 Enforcement 2.2 Enforcement 2-5 2.2.1 Detection 2.2.2 Notices 2.2.3 Enforcement Actions 2.3 Federal Reporting 2-5 2.3.1 Semi-annual Tabulations 2.3.2 Annual Narrative Report 2.4 Agency Size and Work load 2-6 2.5 Communication 2-7 2.5.1 Objectives 2.5.2 Formats 2.6 Information Management 2-9 2.6.1 Objectives 2.6.2 Methods ii TABLE OF CONTENTS (Continued) Page 3.0 Program Innovations 3-1 3.1 Communications 3-1 3.2 Information Handling 3-5 4.0 Recommendations and Suggestions 4-1 4.1 Communications 4-1 4.2 Information Handling 4-2 APPENDICES Appendix A: List of Survey Respondents Appendix B: References Appendix C: Survey Mailings iii LIST OF EXHIBITS Exhibit Following Page 1-A Federal Reporting Requirements 1-2 2-A Monitoring Activities of Survey Respondents 2-2 iv EXECUTIVE SUMMARY PURPOSE The State of Hawaii contracted with a joint venture of Eugene P. Dashiell, AICP; Data House, Inc.; and Community Resources, Inc. (CRI) to evaluate and improve the Hawaii Coastal Zone Management Monitoring and Enforcement Program. CRI's principal responsibility in the study was to gather information, evaluations, and recommendations from key informants in other state Coastal Zone Management (CZM) programs. This report summarizes the results of in-depth interviews with staff of ten state CZM agencies, recent national evaluations of the CZM program, and materials sent to CRI by other state CZM agencies. SURVEY METHOD The survey of state programs was not designed to produce a comprehensive national portrait of the status of state CZM monitoring and enforcement efforts. Instead, the survey was designed to solicit ways in which Hawaii's program might be improved or problems to avoid in creating the new program. A letter informing the 30 program managers of state CZM agencies about the Hawaii study was sent in March. Information about monitoring and enforcement activities was requested, and a post card was included to permit the managers to identify a contact person for follow up interviews and to recommend programs that might serve as models for Hawaii. (See Appendix c for copies of the letter, the card, and a list of the State Coastal Zone Managers.) Nineteen of the programs responded to the letter by sending back the card, and in a number of cases, program documents and materials. Because of staff time and budget limits, not all of the respondents could be interviewed. Interviews were sought with programs based on geographic balance, program comparability, recommendations, and innovative reputation. Interviews were successfully completed with ten of the programs and two principals in a recent national evaluation of the CZM program. (See Appendix A for a list of survey respondents.) ES-1 THE NATIONAL CONTEXT During the Reagan years, the Federal czm program was often threatened with drastic reduction or elimination. One of the consequences of the critical attention focused on the program was a number of national studies of CZM effectiveness. Dr. David Brower, a principal in one of the studies, feels that most states have very inadequate reporting of program effectiveness. Based on the evidence most are able to produce, it is "difficult to even make a good case for refunding (the national CZM program)." Some of the difficulty is due to the prcblem of measuring what didnvt happen because of CZM, but a large part of the problem is that data is neither being collected nor analyzed to evaluate program effectiveness. The General Accounting office (GAO) found in 1986 that the federal CZM program's program management, monitoring, and evaluation needed improvement and recommended that the federal CZM program help the states "establish and implement formal program-monitoring procedures, and establish appropriate evaluation guidelines." New federal reporting requirements for state CZM programs were issued in 1988 requiring semi-annual statistical summaries of program activities and an annual evaluation of program impact on State and Federal objectives. SURVEY RESULTS M . The way state programs monitor compliance and enforcement varys widely in response to the state's institutional structure and the powers and responsibilities of the lead CZM agency. Processing requirements which centralize or coordinate all permiting activities simplify some state's efforts. Most states are limited by staff and budget from doing as comprehensive a monitoring effort as they would like. Enforcement. State enforcement programs also vary widely. Some agencies feel that only minor permit violations are escaping their attention, while other states know that significant amounts of unpermitted activity are not being detected and stopped. Federal R@portin . Most of the state programs surveyed were complying fully with the new Federal reporting requirements. Communication. The Hawaii Planning Activities Support System (HPASS) which was established to facilitate monitoring and enforcement by linking State and County agencies to the Hawaii Coastal Zone Management Program (HCZMP) was a more ambitious system that any used by the state programs CRI surveyed. ES-2 Many of them are just now trying to develop the computer linkages between agencies that HPASS was designed to create. Many of the respondents stressed that hardware should not be the major focus and emphasized the importance of creatincr and Mgint4ining a network of acrency professionals who provide mutual sumport for the manacrement of the coastal zone. Any innovation in hardware or process should support this objective. Information Manacfement. Most of the states surveyed had permit and/or enforcement tracking systems in various states of computerization. None had developed a computerized planning information database as was attempted with HPASS. INNOVATIVE PROGRAMS The survey yielded a number of suggestions for improvement in monitoring or communication and for information management. The suggestions are listed below and discussed in detail in Chapter 3. Monitoring and Communications � Overflights and aerial photography � Staf f spot checks and site visits � Staff-local CZM manager field trips and overflights � Citizen involvement in coastal monitoring � Public awareness programs � Network awareness programs o State registers of permits, enforcement actions, and other activities � Public notice networks � State clearingh ou s e/ review coordination � Joint review processes � Joint application processes � Consistency certification requirements � Staff geographic specialization � Computerized networks linking agency offices � Use of the annual review for an informal evaluation � Annual permit file review and compliance check for a sample of permits issued two years previously � Five year review of local program permit files and outstanding enforcement actions Information Handlincr � Computer network linking agency offices � Permit or enforcement tracking databases linking databases at network agencies o Geographic information systems ES-3 RECOMMENDATIONS AND SUGGESTIONS A selection of respondents' suggestions and recommendations for communications and information management are provided in Chapter 4. Two of the most pertinent are: � View communicating as a way to promote awareness among members of the network of CZM agencies that mutual support allows pooling of resources and increases the effectiveness of all agenices, in solving common problems. � Make any program innovation as simple as you can. "Get a foot in the door and get people comfortable." After the people who do the work are comfortable with it, you can expand. ES-4 1. THE NATIONAL CONTEXT 1.1 HOSTILE POLITICAL ENVIRONMENT During the Reagan years, the Federal Coastal Zone Management Program was under attack by top administrators who attempted to e3iminate the program. Attempts to end the program were defeated by Congress who restored funding and reauthorized the program. According to Dr. David Brower, attempts to demonstrate program effectiveness during these years were almost counterproductive because senior officials didn't want to recognize CZM achievements. (Interview, April 18, 1990). Funding support for State programs during these years was erratic. There was often great uncertainty about the amount of funding, and grant proposals often had to be submitted at the last minute when Congress restored program funding. 1.2 NATIONAL STUDIES OF CZN EFFECTIVENESS One of the consequences of the critical attention focused on the CZM program during the Reagan years were a number of national studies of CZM effectiveness. Dr. David Brower, principal in a recent study of CZM effectiveness, notes that most states have very inadequate reporting of program effectiveness. Based on the evidence most are able to produce, it is "difficult to even make a good case for refunding (the CZM program)." (Interview, April 18, 1990). Some of the problem with judging program effectiveness is due to the difficulty of measuring what didn't hgRpen because of the CZM legislation and permit processes. For example, in North Carolina before passage of Dredge and Fill laws, significant damaging developments were eliminating wetland areas. After the laws were passed, requests to develop in such areas have been very rare because developers know permission is rarely granted. There is no way of reliably measuring what might have been proposed and developed if the CZM laws did not exist. 1-1 However, even if the evaluation of program management is confined just to CZMIS impact on existing development proposals and on illegal activities, data and analysis of effectiveness are difficult to obtain. As a result, most states are unable to effectively measure achievements, allocate resources rationally, or demonstrate program worth to their administrations, legislatures, or Federal reviewers. Brower's views are supported by the General Accounting Office's (GAO) summary of eight studies of the Federal Coastal Zone Management Program between 1976 and 1986 (General Accounting office, 1986). The GAO found "that NOAA [National oceanic and Atmospheric Administration] needed to improve its program management, monitoring, and evaluation ... "and that "federal CZM officials were performing annual program evaluations of approved state's coastal zone programs without appropriate evaluation guidelines and criteria." Because of this, the GAO recommended 'that NOAA work closely with the states to help them ... establish and implement formal program-monitoring procedures, and establish appropriate evaluation guidelines and criteria." 1.3 NEW FEDERAL REPORTING REQUIREMENTS NOAA's Office of Ocean and Coastal Resource Management issued new requirements for reporting on state monitoring and enforcement of CZM goals and objectives in September 1988. The Revised Performance Report Guidelines specified that State Programs would provide: o semiannual summaries of permit, enforcement, and federal consistency actions, and o an annual narrative report which presents evaluations of efforts and impacts on State objectives and topics of Federal concern. (See Exhibit 1-A). According to some informants, the Federal requirements were imposed without real consultation with the State as to their realism, need, or cost. Some States are still not complying fully with the requirements, and are negotiating with the OCRM as to what information and evaluative narrative they must provide. 1-2 EXHIBIT 1-A: FEDERAL REPORTING REQUIREMENTS Frequency QUARTERLY SEMI-ANNUAL ANNUAL Section Section A Section B Section C Topics Status of Grant Tasks Status of Program Implementation Activities: (Tables) Permits Violations Federal Consistency Actions Annual Report: Narrative Evaluation of State Program Progress and Impacts on National Concerns (Topic Areas): Estuarine habitats Coastal pollution Ocean dumping Coastal hazards Ocean and coastal use management Public access Urban waterfronts and ports Permit simplification Source: National Oceanic and Atmospheric Administration. Office of Ocean and Coastal Resources Management. Revised Performance Report Guidelines (September 1988). Other states have not found the regulations difficult to meet. one survey respondent viewed the annuaI report as a valuable opportunity to conduct an informal evaluation of his state's CZM program. He saw it as � an opportunity to assess program strengths and weaknesses, and � an aid to setting priorities for staff and grant allocations. Brower believes that the new Federal reporting requirements result from the Bush administration's positive support for Coastal Zone Management. He thinks that OCRM is sincerely trying to support and improve State CZM efforts and wants the information and analysis in order to improve their understanding of state programs and staf f and funds allocations. 1-3 2.0 SURVEY FINDINGS Community Resources, Inc. (CRI) had primary responsibility for surveying the Coastal Zone Management programs of other states to learn how they met the responsibility for monitoring and enforcement. In addition, CRI was asked to determine how each state had responded to the new Federal reporting requirements and to obtain basic operational characteristics of staff size and work load. This chapter summarizes information gained from materials sent by other state programs and from ten in-depth interviews conducted with staff of state Coastal Zone Management lead agencies. The purpose of this chapter is to give an overall view of how surveyed state programs do monitoring and enforcement and the nature of their response to the Federal reporting requirements. Innovative and illustrative programs are noted in this chapter and discussed in the following chapter in more detail The survey findings are reported by six categories: � Monitoring � Enforcement � Federal Reporting � Agency Size and Work Load o Communication, and � Information Management. 2.1 MONITORING For the purpose of this report, we defined monitoring as the act of collecting and recording information i@iat could be used to determine if CZM policy and regulations were being enforced. The Federal CZM and the administrative approach followed by the NOAA has permitted a wide variety of institutional responses to the requirements the State CZM 2-1 programs have to monitor and enforce the CZM policies and regulations. As a result, the methods used to do monitoring vary in response to the institutional arrangements and powers and responsibilities of the lead CZM agency in each state. Exhibit 2-A illustrates this diversity of approach. state programs vary in the intensity and comprehensiveness with which they monitor illegal activity, permitted developments, permitting activities of other agencies (State and/or local), enforcement activities, or Federal consistency with State CZM policies and regulations. more specific discussion of the varying approaches is given in the following subsections on: � Permits, � Enforcement, and � Federal Consistency 2.1.1 Permits A key factor affecting how and what state programs monitor is who has the Permittincr power for the Coastal Zone. The power to issue permits may be held by: o The State CZM agency, 0 A State line agency or agencies, o Both the State CZM agency and local. CzM or line agencies, or o Both the State line agency or agencies and local CZM or line agencies (as in Hawaii). In cases where all of the permitting power is held by the State coastal Zone Management agency, monitoring permits and illegal activity is simply a matter of internal investigation, collection, and recording. The more the power to permit is shared between agencies the greater are the communication, coordination, and evaluation problems in monitoring permit activity. Some states have created simplifying and consolidating permit process structures that make it easier for them to monitor permits. Examples of these are the State Clearinghouse and Joint Agency reviews which consolidate agency permit responses, Consistency Certification processes which require notification and/or approval of permits by the State CZM, and North Carolina's Common Application Process which uses one application to meet the requirements of ten state agencies and the U.S. Corps of Engineers. 2-2 EXHIBIT 2-A: MONITORING ACTIVITIES OF SURVEY RESPONDENTS Location of Primary Responsibility Focus of Monitoring Permits State State CZM agency State Line agency State CZM agency State Line agency State CZM agency State CZM agency State CZM agency Local Local CZM/ Line Agency Local CZM/ Line Agency Role of CZM Agency Issue permits NC, SC FL, WI BCDC, CA, CT, OR, WA GU, HI Review and/or certify consistency with CZM policy CT, GU, OR, SC, WA Joint review /clearinghouse FL, GU, NC, OR Common application review NC EXHIBIT 2-A: MONITORING ACTIVITIES OF SURVEY RESPONDENTS (Continued) Location of Primary Responsibility Focus of Monitoring Permits (Continued) Enforcement State State CZM agency State CZM agency State Line agency State CZM agency State Line agency State CZM agency State Line agency State CZM agency State Line agency State CZM agency Local Local CZM/ Line Agency Local CZM/ Line Agency Local CZM/ Line Agency Local CZM/ Line Agency Role of CZM Agency Monitor permitting by other agencies CA, GU, FL, HI, OR, WI Monitor illegal activity GU, NC FL, WI CA, CT GU, HI Monitor development site GU, NC FL, WI CA, CT GU, HI Monitor enforcement only within agency BCDC, CA, NC, SC, WA EXHIBIT 2-A: MONITORING ACTIVITIES OF SURVEY RESPONDENTS (Continued) Location of Primary Responsibility Focus of Monitoring Enforcement (Continued) Federal Consistency State State CZM agency State CZM agency State CZM agency State CZM agency Local Role of CZM Agency Monitor enforcement by State agencies GU, FL, HI, OR, WI Monitor enforcement by local agencies CA (1), HI Monitor Federal Agencies through COE/EIS process GU, HI, OR, SC Activity search for Federal activities CA, FL, WI (1) The California Coastal Commission conducts a review of local jurisdiction files and outstanding violations within the geographic area of the jurisdiction every five years as part of its evaluation of the adequacy of local monitoring and enforcement of Local Coastal Plans. Local enforcement actions are not formally monitored on an annual basis. KEY: BCDC (Bay Conservation & Development Commission), CA (California Coastal Commission, CT (Connecticut), FL (Florida), GU (Guam), HI (Hawaii), OR (Oregon), SC (South Carolina), WA (Washington), WI (Wisconsin) Some states simplify their monitoring requirements by not tracking all or some local agency activities or other State agency actions even when permitting power is shared. They rely on legal requirements for other agencies to conform with CZM or on permit processes which insure that the most significant projects have to receive either their review or approval. Another factor affecting monitoring scope is budget and staff. An ambitious permit monitoring program would include: � Monitoring coastal areas f or illegal actions � Monitoring permitted development sites for observation of permit requirements and conditons � Monitoring permits issued by other agencies f or appropriate analysis, restrictions, and conditions. Most states do not have the budget and staff needed for such a comprehensive approach and find ways to limit the scope of monitoring. Some focus their monitoring on special geographic areas of high significance or sensitivity, intensive development, or controversy. Others limit the scope by relying on other agencies and citizens to detect illegal activities and permit condition violations. Some states do have innovative 13 which regularly and systematically monitor permits and illegal activity. Connecticut's Community Group Staff Contact program, and California's Summer Permit Review program and its Five Year Local coastal Program Reviews are innovative examples of such systematic monitoring programs. Connecticut's high staffing levels allow the assignment of one staffer as contact person for each Community Group (a coastal area containing five to eight local governments). Each contact person records all permit and enforcement activities for his area in a log book, regularly meets with the local government staff to exchange information and presents CZM concerns, makes spat checks of coastal conditions, and visits project sites. In the Summer Permit Review program, California regularly examines the results of past permit actions. Staff select permits approved two years before, review the adequacy of permit filest and makes followup site visits to large or controversial projects. 2-3 In the Five Year Local. Coastal Program Review, a local jurisdiction's permit files and outstanding violations in the coastal area contraUed by the local government are reviewed to evaluate the effectiveness of the local CZM program. 2.1.2 Enforcement The extent to which the lead State CZM agency monitors enforcement activity varies widely from State to State. State agencies which issue permits are usually involved in the enforcement of permit conditions and curtailment of illegal activities in the coastal zone. Often these strong CZM agencies monitor only their internal enforcement activities, especia3.1y if they are the principal coastal permit and enforcement agency. State agencies which only provide administrative and technical support to permit-issuing line agencies are usuaUy aLso not involved in direct enforcement activities. They may track only the enforcement activities of State agencies or both State and local agencies, depending on how significant the local permitting and enforcement powers are. 2.1.3 Federal Consistency Some state CZM agencies view the effort to insure Federal consistency as either the main function or a major function their agency performs. Often these CZM agencies are not directly involved in the permitting and enforcement functions. Florida and Wisconsin both reported being actively involved in seeking to identify Federal coastal projects and promoting Federal agency awareness of the Federal consistency requirements. other state agencies reported a much more passive stance, relying on the Corps of Engineers permit requirements and the Environmental Impact Statement process to bring Federal actions to their attention. Most indicated that they had excellent relations with the Corps of Engineers and that the Corps. routinely referred to them any projects that hadn't been reviewed by the State CZM process. Wisconsin has aninnovative r) that gives them access to both their State CZM permit files and the Corps of Engineers' permit files. Using the State CZM permit numbers, they can check that all Corps of Engineers permit requests and approvals have gone through the State CZM process. 2-4 2.2 ENFORCEMENT State agencies vary widely in the extent to which they are involved in enforcement, as was noted above. 2.2.1 Detection State programs vary in the amount of time, staff, and budget expended on detecting illegal actions (violations of permit conditions or acticns without permits). Some states like Connecticut and North Carolina operate regular flights over coastal areas to monitor development and shoot aerial photography for later analysis, and perform spot checks of coastal areas and project sites. Other state CZM agencies have limited funds and/or staff and rely on citizen complaints and reports by other agencies to bring violations to their notice. Oneinnovative method for improving detection is to enlist citizens in monitoring coastal activities and reporting violations of CZM restrictions. California, Washington, and Wisconsin all reported using public awareness activities to increase citizen monitoring of coastal developments. 2.2.2 Notices All state programs contacted in the survey indicated that they attempt to negotiate a resolution of any violations rather than move to formal administrative or legal actions. some states noted that it was difficult to demonstrate the efficacy of their enforcement activities because many of the problems were resolved on site in the field with informal agreements to abide by CZM restrictions or to restore resource damage. 2.2.3 Enforcement Actions Enforcement actions typically precede from administrative actions involving orders to stop development or restore resource. conditions and levying fines to legal actions, typically brought by the State's Attorney General. 2.3 FEDERAL REPORTING Most of the states surveyed were complying with the new Federal requirements. The requirements include semi-annual tabulations of permit, enforcement, and Federal consistency actions and an annual narrative report. 2-5 2.3.1 Semi-annual Tabulations Only one of the states reported not complying with the required semi-annual statistical tabulations. This state was not tabulating Federal consistency actions but was providing the Office of Coastal Resource Management (OCRM) with copies of individual consistency letters and declarations they issue. 2.3.2 Annual Narrative Report Two of the states reported not complying with the requirement to produce an annual narrative report evaluating progress toward State and national policy objectives. on the other hand, one respondent welcomed the annual report as an opportunity to do an informal evaluation of their program. They had proposed doing such an evaluation as an aid to program management, but had not been able to carry out a formal program evaluation. The same respondent also noted that they had been able to budget additional grant funds to support the preparation of the annual report. 2.4 AGENCY SIZE AND WORK LOAD Agency size and work load exhibited a wide range as might be expected given the wide variation in agency responsibilities. The state agencies surveyed ranged in size from Pennsylvania's one man office to North Carolina's 40 person division. The median size agency was between 5 and 8 people. Total permits reviewed or issued ranged from the 150 per year handled by the Bay Conservation and Development Commission to the 1,000 State and General Permits issued by the- North Carolina Division of Coastal Management. The median was 400 permits per year handled by the Washington Department of Ecology's Shorelands Division. Total investigations of violations reports ranged from 20. per year to 160. Staff work loads didn't show any consistent relationship to the total work load of the state agency. Permit reviews per . F member ranged from 22 to 160 per year with the median work load being the 67 permits per year issued by North Carolina staff. Investigations of violations ranged from a low of 7 per year to 100 with the median being the 23 per year in Connecticut. 2-6 This finding mist be tAmmered by the difficultv of mak:Lin g between states. What Washington means by a permit review or a violations investigation may be quite different from what is meant by that term in Connecticut. 2.5 COMMUNICATION Hawaii Planning Activities Support System (HPASS) was a more ambitious system than any of the systems used for either communication or information handling by the states surveyed by CRI. Most state agencies relied heavily on standard of f ice practices and organizational communication methods. This collection of conventional business practices include regular face-to-face meetings, frequent communication by phone, and transmital of data by fax or mail. Many of them are just now trying to develop the computer linkages that HPASS was designed to create between State and County agencies. 2.5.1 Oblectives State programs devise their communication systems to accomplish a number of objectives, including: � Transmittal of Permit Status Information � Transmittal of Enforcement Action Status Information � Transmittal of Project or Violation Information and Analysis o Requests for Assistance and Responses � Discussion and Establishment of Policy and Program � Evaluation of Program Achievements Such objectives are logical and easily explained as necessary to accomplish the basic monitoring and enforcement responsibilities of any state CZM agency. However, two additional objectives recurred over and over in the comments of the state agency staff surveyed. First, many respondents emphasized the importance of creating and maintaining a network of acfency professionals who can and will mutually support each other's attempts to manage the coastal zone. They stressed how important it is: � to make the communication system work for the people on the front lines, � to keep communications "hassle free" and sensitive to the extreme time and attention demands placed on most workers in the system, and. � to maintain continuity and long term relationships. 2-7 Such a network supports and nurtures the cooperative effort necessary if permits and violations are to be processed ef ficiently and f airly. Secondly, respondents emphasized the importance of actively i3romotinct and maintainincf awareness of CZM goals, Policies, and concerns within the local and State agencies and among the members of the public. The objective is to keep all participants to the coastal zone management process up to date on the state agency's policies and programs so that CZM concerns are incorporated in public and private decisions about use of coastal resources right f rom the beginning. As one informant put it, "They may not like US or what we stand for, but they do know what we stand for, and that we wi I I be actively involved in any coastal actions. As a result, they have to include our concerns in their decisions." 2.5.2 Formats A number of innovative communcation formats are used by the surveyed states to accomplish these two objectives. Among the formats used to create and maintain a mutually supportive network of professionals are: � Frequent informal one-to-one communication and visits associated with continuity of personnel, program, and policy. (This is seen as necessary if the CZM agency is' to be viewed as a reliable, supportive, and consistent actor in the planning and management of the coastal zone.) � Annual helicopter overflights by local CZM managers and Pennsylvania's State CZM officer to view coastal development activities and resource conditions. � Clearinghouses and joint review sessions which bring together all of the reviewing and permitting agencies to consolidate comments and potential conditions at one time in one place. � An on-line terminal system that allows North Carolina's Central Office and Field Offices to easily exchange messages, documents, and data electronically. Communication formats used to Promote and maintain public and iorivate awareness of CZM policy and pr@grams include: o Public awareness programs that inform agency staff, developers, and citizens about the CZM program, the permit process, the nature of violations, and the enforcement process. 2-8 � Publication of newsletters and regular mailings to interested parties to insure knowledge of coastal issues, pending projects, or process or program changes. � Publication by Washington's CZM office of training handouts advising local and State agency staff on technical details of the CZM law, program, or permit or enforcement processes � use of formal commissions or councils to approve permits or to set program direction. 2.6 INFORMATION MANAGEMENT The information management systems used by the surveyed state programs reflected the current established systems used by most public and private offices. None had attempted to establish a computerized information management system with the objectives of both tracking permits and violations and providing a planning database as was attempted with HPASS. 2.6.1 Objectives State CZM agencies need to collect and manage information in order to: � Track the status of permit and enforcement actions, � Describe the permit or enforcement action (location, type of action or violation, coastal resource or hazard af f ected, etc.), � Store and retrieve copies of the f ormal permit application or violation documents, and � Store and retrieve data and analytical results useful for determining impacts of coastal resource use. 2.6.2 Methods Most of the states surveyed had 1permit tracking system in. varying states of computerization. Typically, these systems could be searched by keywords to identify those permits with certain characteristics (affecting estuarine habitats, for example). One of the most innovative of these is the Wisconsin CZM program's permit tracking database which is created by extracting and comparing permit information from both the Wisconsin Department of Natural Resources' permit files and from the U.S. Corps of Engineers' permit files. 2-9 Some of the states with permit tracking systems hope to combine these tracking systems with a Ge2graiphic Information Sy (GIS) at some point in the future. Washington has an operational GIS, but it is not used by the CZM program f or analytical purposes or permit tracking. At the other spectrum, Pennsylvania's sole State CZM officer uses a purely manual system to track coastal activities. Manual systems do have the advantage of low cost and ease of use. However, the costs of using them mount as the complexity and number of permit and enforcement records mount. Because of problems of searching their manual system for permit information such as what conditions had been applied, South Carolina is moving to computerize all their permit records. 2-10 3.0 PROGRAM INNOVATIONS As noted in Chapter 2, state programs vary widely in their approaches to coastal management. This has resulted in a rich diversity in how they meet the requirement to monitor and enforce their CZM laws, regulations, and policies. A number of the more innovative programs were briefly discussed in Chapter 2. This chapter provides a more systematic discussion of the innovations and their perceived benefits. The programs can be classified by purpose: � To improve or extend monitoring or communication, or � To improve information management (storage, retrieval, and transmittal). 3.1 MONITORING AND COMMUNICATIOMS The innovative monitoring and communications programs discovered in the survey of state CZM programs can also be classified by purpose. They include programs designed to: � Improve the Monitoring of Coastal Resources, Permits, and Unpermitted Activity . � Improve Public and Private Awareness of CZM Programs, Issues, Processes, and Violations � Improve the Efficiency and Effectiveness of CZM Permit Processes � Improve the Efficiency and Effectiveness of Staff or Network Interactions, and � Evaluate and Improve the Effectiveness of Existing Permit and Enforcement Programs. 3.1.1 Improving Coastal Monitoring Overflicrhts and Aerial Photocrraph . Some state programs have very active programs of checking for permit violations or unpermitted activities through use of regular flights over coastal areas backed up by analysis of aerial photography. Such programs both catch violations that might not be spotted by field inspections on the ground and deter unpermitted activity. 3-1 Staff SROt Checks and Site Visits and Staff-Local CZM Mangger Field Trips and Overflights. Some states routinely schedule spot checks of coastal conditions and visits to project sites by staff. Usually these activities are scheduled in conjunction with other business such as visits to local CZM agency staff or permit hearings. They view this regular checking of coastal conditions as necessary to permit review and enforcement monitoring. Pennsylvania regularly budgets funds for helicopter overflights of coastal areas by the state CZM manager and local CZM agency staff. They use these flights as a way of checking permitted develWments and for detecting unpermitted activity. In addition, the field trips help to promote local awareness of CZM issues, policies, and concerns and encourage communication among the members of the network. Citizen involvement in Coastal Monitorin . A number of states reported success from efforts to recruit citizens to help monitor coastal conditions and report violations. A variety of methods were used to accomplish this aim, ranging from informal and ad hoc methods such as public announcements, speeches, and media interviews to formal programs such as South Carolina's Creek and Beach Watch Workshop program or California's Adopt A Beach program. The Creek and Beach Watch Workshops were created to increase public support for enforcement of CZM laws and regulations. The workshops explain the CZM laws and violations to citizens and provide contact information if violations are spotted. These programs can help increase the effectiveness of limited staf f. 3.1.2 Improvincr Public and -Private Awareness. Public Awareness Prggram . A number of the states have very active public awareness programs. They see it useful for building support for enforcement activities, for insuring awareness of the need to follow permit procedures, and building legislative and executive support for CZM programs. A variety of formats are used to accomplish these purposes. Newsletters which provide basic program information and report on CZM agency activities and coastal resource or hazard issues are often used. Basic informational workshops designed to orient new local agency staff, developers, and community interest group representatives are another common method. Network Awareness Program . These programs are aimed at increasing the awareness and technical competence of the staff of agencies involved in CZM permit and enforcement activities. Some states hold regular workshops to present technical training while others rely on publication of basic fact and information handouts due to budget/staff limits. 3-2 Guam has an ambitious program to improve the awareness and effectiveness of participants in its network of CZM agencies. It has produced training manuals to teach building inspectors how to enforce the zoning laws and a "Bible" for its land use . . ers which explains the land use laws and provides case studies of the law's application. 3.1.3 Improving CZM Permit Processes. State Registers. Some state CZM programs can easily monitor proposed activities in their coastal areas because their states have published registers of all permits, Environmental Impact Statements, grants, and violations. These registers assist the State and local CZM agencies in insuring that permit procedures are followed, that all agencies are informed about developments or violations, and that controversial issues receive adequate public review and discussion. Public Notice Networks. Several states noted the value of having a very complete and active public notice network. Such networks routinely post notice of actions through a variety of publications and institutions and mail notices to individuals and interest groups who are either known to be affected or who have indicated a desire to be notified. The benefits of such notifications was to support adequate review of actions. In addition, because adequate notice insured the participation of all viewpoints in discussing controversial issues, the CZM agency was able to act as a facilitator of the process instead of an advocate of any particular position. As one respondent put it, "We're advocates for the permit process." State Clearinghouse/Review Coordination. Some state programs benefitted from the existence of a central state earinghouse or a central state review coordination process which pulls all permit reviews together. In some cases, the state CZM agency is responsible for running the clearinghouse or providing the coordination of responses; in other cases, it is only one of the participants. Such centralized processes aid the state CZM1s ability to easily monitor coastal projects in addition to promoting process simplification and pooling of review resources. Joint Review Processes. In cases where no formal clearinghouse process exist, some states regularly used joint review sessions. In these sessions, the developer proposing a coastal project would present his development proposal to representatives from all the permitting and reviewing agencies. The agency representatives would then indicate what there concerns were likely to be in reviewing the project and what conditions might be imposed. Such sessions were viewed as useful for focusing the developer on addressing and solving prcblems and for building awareness and support between all the permitting and reviewing agencies. 3-3 Joint Application Processes. North Carolina has a innovative program by which one common application is used by ten state agencies and the Corps of Engineers. If additional information is required by any agency, they can ask the developer to provide it to them. The common application simplifies the paperwork and filing requirements of developers and insures the sharing of a commong base of project information by all the agencies. Used in conjunction with a clearinghouse process like that described above, it makes permit tracking a simple process of monitoring the progress of the single application through the reviewing and permitting agencies. Consistency Certification Recruirements. Some states use consistency requirements with State and/or local agencies as a method for insuring awareness, review, and in some cases, approval of coastal permits. In an approach parallel to that of Federal consistency approvals, the agency would have to formally certify that they were in compliance with CZM law and regulations, and in some cases, receive approval of consistency from the state CZM agency. These formal processes insure that the agency has considered coastal impacts and provide a method by which the state agency can monitor the impacts. 3.1.4 Improving Staff or Network Interactions. Geocfraiphic Specialization. Connecticut assigns one staff person as contact person for each Community Group (a coastal area containing five to eight local governments). Each contact person records all permit and enforcement activities for his area in a log book, regularly meets with the local government staff to exchange information and presents CZM concerns, makes spat checks of coastal conditions, and visits project sites. They feel that the expertise about local coastal conditions and developments and the familiarity with local processes and personalities which staff develop as a result of these assignments is highly beneficial. The agency feels that they understand what is happening at the local level and that local government knows the state staff and is aware of state CZM concerns. Computerized Networks. Only one survey respondent indicated that they were using a computerized network to link their network together. North Carolina's four Regional Offices have terminals which are directly linked to the Raleigh Central Office. Information on permits is available to the Central Office as soon as it is logged in by one of the Regional Offices. The terminals are regularly used to transmit information and data between the offices. The advantage of the system is the speed with which information and data can be moved and reacted to. 3-4 3.1.5 Evaluating Permit and Enf orcement Eff ectiveness. Most respondents did not indicate that they regularly conducted formal systematic evaluations of permit and enf orcement activities. one respondent noted that they had proposed conducting a formal evaluation of the state CZM program, but had been unable to fund the evaluation. He noted that they had actually welcomed the new Federal requirements for the annual report since it required them to do an informal evaluation which they then could use for program management purposes. However, the respondent did indicate that their willingness to do the evaluation had been increased by the fact that they were able to budget grant funds for the extra work involved in doing the evaluation. California has built in evaluative processes in their monitoring and enforcement efforts. one such process is their Summer Review Progra under which, each summer, they select 2,000 permits that were approved two year previously. Files on the permits are reviewed for document completeness, and site visits are made to large or controversial projects to inspect compliance with permit requirements and conditions. Based on a series of these reviews, California's enforcement officer concludes that around four to five percent of developments are not complying with permit requirements. California also has a program for reviewing the permit and enforcement activities of the 55 local jurisdictions whose Local Coastal Programs have been certified by the California Coastal Commission. Under this Five Year Local Coastal Program Review, the Commission staff would review permit files and outstanding violations in the coastal area controlled by the jurisdiction and make an evaluation of the effectiveness of the local CzM program. However, because of severe staff and budget itrictions over the last eight years, no Local Coastal Program Reviews are being done. 3.2 INFORMATION HANDLING As was noted previously, most survey respondents reported their agencies were doing nothing more advanced than normal office information handling practices. Most were moving to automate manual files, find ways to link internally and with other agencies, and develop improved databases. Computer Network. Only North Carolina reported using a networked computer system, as was noted above. Data entry at terminals in the four Regional Offices and the Central Office lishes and updates records in. a central computer database. 3-5 Database Formats. All the operational computerized databases were used for permit or enforcement action trackin . Permit or enforcement action identifier and descriptor information is maintained on these data bases which are use to make status reports and searches for permits or enforcement actions by characteristics such as location, date, or type. One of the more innovative of these databases is Wisconsin's CZM permit database which is created by extracting permit files from the State Department of Natural Resources and the U.S. Corps of Engineers permit databases every two weeks. Files are compared using a common state permit number which appears in both databases. The database has value for insuring both Federal consistency and private compliance with the CZM permit process and for pooling all of the information available on both systems. California is planning to develop a Coastal Resource Information Center (CRIC) which would be a linked database which could be accessed by State and local agencies and members of the public. The initial concept is that CRIC should include permit, enforcement, and resource/hazard information, much as was planned for HPASS. Several states have or are developing Geographic Information Systems. None reported using them for monitoring and enforcement purposes. Most of these systems were not likely to be fully operational for a number of years. 3-6 4.0 RECOMMENDATIONS AND SUGGESTIONS. Survey respondents were asked if they had any suggestions or recommendations about how communication and information handling might be improved in CZM programs. They were asked to base their answers on the experience in their state and to either suggest improvements needed in their state or approaches that had proved successful for them. A selection of respondents' suggestions and recommendations for communications and information manacrement follows. 4.1 COMMUNICATIONS o Use public awareness programs to add leverage to enforcement efforts by enlisting citizens to detect and report violations. Examples are South Carolina's Creek and Beach Watch and California's Adopt A Beach program. o view communicating with other members of the agency network as the primary job that must be done to insure enforcement and monitoring. o view communicating as a way to promote awareness among members of the network of CZM agencies that mutual support allows pooling of resources and increases the effectiveness of all agencies in solving common problems. o Create Federal, State, and local joint working groups to review enforcement problems, pool resources, and decide on appropriate actions and roles. o Hold regular workshops to build awareness of program, personal relations with staff, and promote resource pooling. o Regular, scheduled contact with local officials by staff familiar with local conditions can insure that CZM concerns are incorporated in local decisions. o Recognize the greater difficulty involved in making a network system work and work at making communication happen. You have to make sure both that you communicate with the other agencies and that they communicate with you. Communication must be scheduled, visits must be 4-1 made, people must be brought together. If you don't communicate early, problems of support, mistrust, and ill will will result. � Build an awareness and a perception that the agency means business, has a clear program objective, and has the authority, support, and continuity to promote the objective. � Develcp and maintain a continuing network of one-to-one relationships. Such relationships are critical to the success of the CZM agency since much depends on cooperative efforts by other State agencies who are asked to add to their workloads to meet review deadlines. � Be very careful not to "harass" the staff of these agencies if their reviews or responses are slow coming in. Provide assistance when requested as promptly as possible to these agencies as an incentive for them to do likewise and as repayment for their courtesy and support. � Meet on a regular basis,with the people involved in providing reviews and assistance to talk about the process, identify any problems, and to renew the personal relationships. Ask them to give you an honest answer to the question: "How are we view*ed in your agency?" � Make any program innovation as simple as you can. "Get a foot in the door and get people comfortable." After the people are comfortable with it, you can expand. 4.2 INFORMATION HANDLING � Automate and improve communication and information technology to increase staff effectiveness and deal with the difficulty of increasing staff. Manual systems are being swamped by the difficulty of retrieving or sorting permits or enforcement actions once large numbers of permits or violations have been processed by the system. � Make hardware and software compatible between offices and agencies if at all possible to reduce the difficulty of data and information transfers. (Some states find it almost impossible to link even within departments because of incompatibility.) 4-2 APPENDIX A: LIST OF SURVEY RESPONDENTS National Evaluators Dr. David Brower, University of North Carolina Center for Urban and Regional Studies Dr. Charles Colgan, University of South Maine State Programs Bob Hickman, Bay Conservation and Development Commission, California (BCDC) Nancy Cave, California Coastal Commission (CA) Dan Rothenberg, Coastal Zone Management Program, Connecticut Department of Environmetal Protection (CT) Theodore Hoehn, Office of Coastal Management, Florida Department of Environmental Regulation (FL) Larry Toth, Pennsylvania Division of Coastal Zone Management (PA) Mike Ham, Guam Coastal Management Program (GU) John Parker, North Carolina Division of Coastal Management (NC) Don Oswalt, Oregon Department of Land Conservation and Development (OR) John L. Hensel, South Carolina Coastal Council (SC) Jim Anest and Brian Offord, Washington Department of Ecology (WA) Dave Jones, Wisconsin Department of Energy and Coastal Management (WI) APPENDIX B: REFERENCES Fischer, Michael L. "California's Coastal Program." Journal of the American Plannincr Association, Volume 51, No. 3 (Summer 1985), pp. 312 - 321. Healy, Robert G. and Jeffrey A. Zinn. "Environment and Development Conflicts in Coastal Zone Management." Journal of the American Planning Association, Volume 51, No. 3 (Summer 1985), pp. 299 - 311.. Jolliffe, Dr. Ivan P. "Physical Constraints and Hazards Versus Coastal Resource Use and Develcpment.11 Gambling with the Shore: RjZg@M of the Ninth Annual Conference of the Coastal S October 14-17, 1994. Atlantic City, N.J. Kinsey, David N. "Lessons from the New Jersey Coastal Management Program." Journal of the American Planning Association, Volume 51, No. 3 (Summer 1985), pp. 330 - 336. Lowry, Kem. "Assessing the Implementation of Federal Coastal Policy." Journal of the American Planning Association, Volume 51, No. 3 (Summer 1985), pp. 288 - 298. National Oceanic and Atmospheric Administration. Office of ooem and Coastal Resource Management. Revised Performance Report Guidelines. (September 1988). Owens, David W. "Coastal Management in North Carolina." Journal of the American Planning Association, Volume 51, No. 3 (Summer 1985), pp. 322 - 329. United States General Accounting office. Resource Management: Information on the Coastal Zone Management Program. Fact Sheet for the Chairman, Committee on Merchant Marine and Fisheries, House of Representatives. GAO/RCED-86-89FS. February 1986. State Program Materials Calif ornia Fischer, Michael L. Memorandum to. California Coastal Commission commissioners on violations Procedures. October 28, 1981. APPENDIX B REFERENCES (Continued) Shute, Mihaly, and Weinberger in Association with Sedway Cooke Associates and Hughes-Heiss & Associates. California Coastal Commission Enforcement Progra . January 1986. A model enforcement program to guide local authorities and the California Coastal Commission in monitoring and enforcing the California CZM law. Florida Florida Department of Environmental Regulation and The Governor's office of Planning and Budgeting and Environmental Affairs. Florida Coastal Manggement Procrram Federal Consistency Evaluation Procedures. (September 1989). Orecron Oregon Department of Land Conservation and Development. OMon Coastal Management Program, Section C: Annual Repo . (1989). . . , Excerpts from the Semi-Annual Repo . (December 1989). Orecron's Statutes on Land Use and Plannin . (1989) Oregon Administrative Rules. Chapter 660: Oregon Land Conservation and Development Commission. Includes rules for plan reviews, review and approval of state agency nn-mlinatam programs, and compliance and compatab3.1ity of state permits -. Chapter 141, Division 85: Division of State Lands. Includes procedures for handling violations,. enforcement procedures, and civi-I penalties. Oregon Statutes. Chapter 196:840 - 990. Wetlands, Rivers, Removal and Fill; ocean. Includes procedures, for handling violations, enforcement procedures, and civil penalties. Pennsylvania Pennsylvania Bulletin. Vol. 19, No. 48 (December 2, 1989). APPENDIX B REFERENCES (Continued) Virgin Islands Virgin Islands. Rules and Regulations, Title 12, Chapter 21, Subchapter 913. Enforcement. . Memorandum from Alan D. Smith, Commissioner, Department of Planning and Natural Resources, on Departmental Policy for Systematic Enforcement Patrols by CZM and BEE Staff. January 4, 1989. Virginia U.S. Department of Commerce, National oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management. Commonwealth of YiMinia Coastal Resources Management Program and Final Environmental Impact Statement. Volumes I & II. (July 1986). Wisconsin Wisconsin Department of Administration, Wisconsin Coastal Management Program. Federal Consistency Manual. (January 1990.) Describes the system used to monitor federal grant, permit and develcpment activity in WJzconsin. Also includes a detailed description of the coastal Activitie Database that Wisconsin uses to track activities and permits. APPENDIX C SURVEY MAILINGS @ELIzene P DasbdeU P!. \X 1 N I A Date [Mailing list, 30 CZM Program Managers, Nationwide] Dear I request your assistance in providing information about your CZM monitoring enforcement program which may assist the State of Hawaii in its review of its own CZM monitoring and enforcement program. My firm has the contract with the State of Hawaii, Office of State Planning, Coastal Zone Management Program Office, to provide a review of the Hawaii program and to make recommendations concerning it. we are specially interested in how you track compliance with coastal zone laws and objectives by State, County and Private agencies. We have enclosed a post card for your convenience in responding to this letter. We will be following up with a telephone call to you. If you have questions or comments, Please call me or Mr. Doug Tom, CZM Program Manager for Hawaii (808-548-3026). Thank you for your assistance. Sincerely yours, Eugene P. Dashiell, AICP Enclosure 3-30 Coral 202 ()A 1;44 Eugene P. Dashiell, AICP Planning Services 330 Coral Street, Suite 202 Honolulu, Hawaii 96813-5544 Hawaii CZM Monitoring and Enforcement survey. March 15, 1990 Please check the applicable categories. Thank you for your assistance. 'Me name and telephone number of our point of contact is: Name Numbe We are interested in the results of your project and would like to receive further information about it at a later date. We have material we are sending you under separate cover which explains our Monitoring and Enforcement Program. We believe the following states have exceptional monitoring and enforcement programs which Hawaii may be interested in as models for their own. STATE COASTAL ZONE PROGRAM MANAGERS ALABAMA - Luther Holt Program Manager P.O. Box 2939 Montgomery, AL 36105-0939 (205) 2 8 4 -8 77 4 ALASKA - Jan Caulfield Coastal Program Coordinator Division of Governmental Coordination Office of Mgmt. & Budget Pouch AW - Suite 101 431 North Franklin Juneau, AK 99811-0165 (907) 465-3562 AMERICAN SAMOA - Henry Sesepasara Program Manager Development Planning Office Government of American Samoa Pago Pago, American Samoa 96799 (684) 633-5155 CALIFORNIA - Jody Loeffler Program Manager California Coastal Commission 631 Howard Street, 4th Floor San Francisco, CA 94105 (415) 543-8555 BCDC - Alan Pendleton Executive Director Bay Conservation & Development Commission 30 Van Ness Avenue, Room 2011 San Francisco, CA 94102 (415) 557-3686 CONNECTICUT - Art J. Rocque Jr., Director Coastal Zone Management Program Department of Environmental Protection 18-20 Trinity Street Hartford, CT 06106 (203) 566-7404 DELAWART- David S. Hugg, III Executive Assistant to the Secretary Dept. of Natural Resources and Environmental Control 89 Kings Highway Dover, DE 19903 (302) 736-3091 FLORIDA David Worley Program Manager Office of Coastal Management Dept. of Environmental Regulation Twin Towers Office Building 2600 Blair S@tone Road Tallahassee, FL 32301 @(904) 488-4808 Mike Ham Program Manager Bureau of Planning Government of Guam P.O. Box 2950 Agana, GU 96910 (617) 472-4201 Douglas Tom Program Manager Coastal Zone Management Branch Office of State Planning State Capitol, Room 410 Honolulu, Hi @ 96ai3 (808) 548-3026 Terry Howey Director Coastal Resources Division Dept. of Natural Resources P.O. Box 44487 Baton Rouge, LA 70804 (504) 421-7591- Dave Keeley Program Manager State Planning office State House Station #38 Augusta, ME 04330 (207) 289-3261 MARYLAND - Dr. Jacob Lima, Director Coastal Resources Division Dept. of Natural Resources Tawes State Office Building Annapolis, MD 21401 (301) 974-2784 MASSACHUSETTS -Steve Bliven Acting Director Executive Office of Environmental Affairs 100 Cambridge Street Boston, MA 02202 (617) 727-9800 MICHIGAN - Chris Shafer Program Manager Division of Land & Water Resources Dept. of Natural Resources Steven T. Mason Bldg., Box 30028 Lansing, MI 48926 (517) 373-1950 MISSISSIPPI - Jerry Mitchell, Chief Coastal Programs Division Bureau of Marine Resources P.O. Box 959 Long Beach, KS 39560 (601) 864-4602 NEW HAMPSHIRE -David Hartman Program Manager Office of State Planning 2 1/2 Beacon Street Concord, NH 03301 (603) 271-2155 NEW JERSEY - John Weingart, Director Division of Coastal Resources Department of Environmental Protection, CN 401 Trenton, NJ 08625 (609) 292-2795 NEW YORK - George Stafford, Director Division of Coastal Resources and Waterfront Revitalization Department of State 162 Washington Street Albany, NY 12231 (518) 474-3 64 3 NORTH CARCLINA - George T. Everett, Director Division of coastal management 512 North Salisbury Street Raleigh, NC 27611 (919) 733-2293 NORTHERN MARIANAS - Robert Rudolph, Acting Administrator Coastal Resources Management Office Nauru Building Saipan, Mariana Islands 969so (670) 234-6623 OREG20N - Richard Mathews Program Manager Dept. of Land Conservation and Development 1175 Court Street, NE. Sale=, OR 97310 (503) 378-4928 PENNSYLVANIA E. James Tabor, Chief Division of Coastal Zone Management Bureau of Water Resources Management Dept. of Environmental Resources P.O. Box 1467 Harrisburg, PA 17120 (717) 783 -9500 ?U1270 Ines Mone-feldt, Director Coastal Management Office Dept. of Natural Resources P.O. Box 58a7 Puerto de Tierra, PR 00906 (809) 724-5516 Grover Fuga*.*.e, Executive Director Coastal Resources Management Council Stedman Office Building Tower Hill Road Wakefield, R! 02879 (4101) 277-2476 SOUTH CAR0LINA - Dr. Wayne Beam Executive Director South Carolina Coastal Council AT&T Capitol Center 1201 Main Street, Suite 1520 Columbia, SC 29201 (803) 737-0880 VIRGIN ISLANDS - Robert Pedersen St. Thomas/St. John Director of Permits Dept. of Planning & Natural Resources P.O. Box 4340 Charlotte Amalie, St. Thomas, VI 00802 (809) 774-3 3 20 VIRGINIA Keith Buttleman Administrator VA Council on the Environment Ninth St. Office Building, Rm.903 Richmond, VA 23219 (804) 786-4500 WASHINGTON - Rod Mack, Supervisor Shorelands Division Department of Ecology State of Washington (PV-11) Olympia, WA 98504 (206) 459-6777 WISCONSIN - William Lehman Coastal Policy Section Division of Energy and Coastal Management, 6th Floor Department of Administration P.O. Box 7868 Madison, WI 53707 (609) 266-3687 Appendix G Typical Hardware and Software Specifications for the Proposed System Typical Hardware and Software Specifications for the Proposed System 1.1 Hardware 1.1.1 File server 1.1.2 Workstations 1.1.3 Extended/expanded memory 1.1.4 Uninterruptable power supply, surge suppressor 1.1.5 Mouse 1.1.6 Tape drive 1.1.7 Laser printer, memory, font cartridges 1.2 Software 1.2.1 Operating system 1.2.2 Menu system 1.2.3 Relational database 1.2.4 Application development tools 1.2.5 Utilities 1.2.6 Back up software 1.2.7 Word processing, desktop publishing 1.2.8 Spreadsheet 1.2.9 Project management 1.3 Network 1.3.1 Network cards 1.3.2 Network cables 1.3.3 Network operating system 1.3.4 Telecommunications lines 1.3.5 Modems 1.3.6 Communications software 1.4 Supplies 1.4.1 Paper 1.4.2 Cartridges 1.4.3 Cables 1.4.4 Diskettes 1.4.5 Storage cabinets and cases 1.4.6 Extension cords 1.5 Maintenance 1.5.1 Hardware 1.5.2 Software 1.5.3 Upgrades 1.6 Facilities 1.6.1 Power 1.6.2 Cables 1.6.3 Phone lines 1.6.4 Lighting 1.6.5 Furniture I I i i I i i I I I I I i I I I I Appendix H I I Memoranda of Workshops I I I I I I I March 6, 1990 Mr. Doug Tom Hawaii Coastal Zone Management Program 250 South King Street Honolulu, Hawaii 96813 Dear Mr. Tom: Subject: Initial Workshop Meeting with HCZMP Liaison County Officers and Key State Users -- Contract to Evaluate and Improve the Hawaii Coastal Zone Management Monitoring and Enforcement Program I am submitting the enclosed draft memo for your review. It will accompany the subject meeting notice. Its purpose is to inform the attendees of the subject of the meeting which is to obtain their evaluation on the existing program and their ideas on how it may be improved. I plan to conduct a workshop session of about 2 & 1/2 hours, broken up by coffee breaks. I would prefer a morning time slot which would start at 9:00am and end at 11:30am. The information resulting from this meeting will be extremely useful in carrying out the work of our contract. Please call if you have questions or comments. Sincerely yours, Eugene P. Dashiell, AICP Enclosures Monitoring and Enforcement (M & E) Program Workshop Purpose The purpose of this workshop is obtain the views of County and State CZM managers and HPASS users regarding the existing monitoring and enforcement program and ways to improve it. The contractor's task is to advise the HCZMP and to recommend changes if warranted. As participants in the program and users of the HPASS/Wang VS system: 0 You have the most experience with the system. Does it work for you? If not, what would work? 0 You know what you need to supply the M & E program requirements. Do you think there are better ways to report? 0 You know your CZM information needs, does HPASS fulfill them? Do you need the HPASS data base? Do you use it? Are there better ways to provide a planning data base, such as a GIS or PC based system? 0 You know your time and budget pressures. Can your agency maintain its own data base? Does it need a State-wide data base? 0 What would be the best way for you to report to HCZMP in order to fulfill your obligations under the HCZMA? Approach At the workshop, we will ask you to try and answer these and other questions which come up. Over the next two months we will be reviewing the M & E program and probably contacting you directly to ask more questions or to review proposed changes. We will be contacting other States to discuss their programs and to see if any of their procedures would be useful here. Initially, it appears that the Wang VS system is not user-friendly and probably hampers HCZMP reporting and analysis. A big question is whether or not a replacement system should include the planning data which may not be required for HCZMP to do its job which is "...to detect patterns of state and county agency non-compliance with the CZM objectives and policies pursuant to Chapter 205A, Sections 205A-3, 205A-4, and 20SA-5." As the contractor for this project, our job is to review the overall M & E program and to suggest changes to it. We are not specifically tasked to provide computer or data base solutions. But we expect that these will enter into our discussions to some extent. T'hank you for your assistance in this. Please feet free to call me if you have questions or comments about the project or the workshop. Eugene P. Dashiell, AICP Eugene R DcasWell A I C 11 PLANNING SERVICES Lind Use, Alarine &- TV@tc-r Resouive Plans March 27, 1990 Enrironnzent,d Inipcier Stciwtnents Agenda HCZMP Monitoring & Enforcement Review 1. Introductions -- Contractors and 9:00 HCZMP agencies. 2. Purpose of Workshop -- Purpose of workshop; need for ideas from HCZM agencies to make the M&E program more efficient and productive. 3. Participants describe how the M&E program works in their office, how much time they spend on it, what information is of value to them as well as to the OSP. Is there any problem with HPASS or hardware? 4. Summary of the working HCZM 10:00 M&E program, based on above discussion. 5. Participants suggest improvements to the program, data, computerization, less work, or other items. 6. Summary of suggestions for 11:00 improvements. 7. Schedule of second workshop, 11:45 evaluation forms to be mailed out to participants and returned. Close of workshop. Contractors are Gene Dashiell, AICP, would like you to sign and return if with Planning Services; Ryan Yamamoto of comments. A second workshop is Data House; Bob Stanfield of tentatively scheduled for April 18 to Community Resources. We will send discuss our tentative findings. Thank you you a summary of this workshop and for your assistance. 330 Coral SL-eer . Suite 202 Hawaii 968, t8O8) 557-971,7 Eugene P. Dashiell PLANNING SERVICES Land Use, Marine & Water Resource Plans Environmental Impact Statements April 5, 1990 TO: Bob Stanfield Subject: List of attendees at March 27 Workshop Bennett Mark C&C Honolulu DLU 527-5038 Norman Hayashi Hawaii Co Plng Dpt 961-8288 Ricky Tsuchiya Kauai Co Plng Dpt 245-3919 Philip Ohta Maui Co Plng Dpt 243-7735 Mark Scheffel DLNR Forestry 548-8850 Roy Sakamoto State OEQC 548-6915 Caryn Tatori State OEQC 548-6916 John Nakagawa State HCZMP 548-5973 Kenton Kuwada State HCZMP 548-5973 Gene Dashiell Planning Services 537-9717 Bob Stanfield Community Resources 528-2211 Ryan Yamamoto Data House 942-8108 330 Coral Street Suite 202 Honolulu, Hawaii 968 1 3-5544 (808) 537-9717 Eugene P. Dashiell PLANNING SERVICES Land Use, Marine & Water Resource Plans Environmental Impact Statements Memorandum April 12, 1990 To: HCZMP Monitoring and Enforcement Workshop Participants Subject: Notes from March 27 Workshop and Agenda for April 19 Workshop 1. Enclosed are our notes from the subject workshop. Please review for consistency and accuracy. We have added a few remarks based on discussions with other agencies who could not attend, but who are participants in the program. 2. At the April 19 workshop, we will present some suggested changes to the HPASS system and we will discuss the minimal reporting requirements for HCZMP to OCRM. Based on your reactions to our suggestions, and your participation in the workshop, we will prepare our draft report to HCZMP. CF: Mr. Doug Tom 330 Coral Street Suite 202 Honolulu, Hawaii 96813-5544 (808) 537-9717 Mailing List HCZM M&E Workshop April 12, 1990 Counties Mr. Tom H. Shigemoto, Planning Director, Kauai Mr. Ricky Tsuchiya* Mr. Donald Clegg, Director, DLU, Honolulu Mr. Bennet Mark* Mr. Christopher L Hart, Planning Director, Maui Mr. Phillip Ota* Mr. Duane Kanuha, Planning Director, Hawaii Mr. Norman Hayashi* State Mr. William W. Paty, Chairperson, DLNR Mr. Mark Sheffel* Mr. Roger Evans* Dr. John C. Lewin, Director, DOH Mr. Gene Akazawa* Ms. Caryn Tatori* Mr. Edward Y. Hirata, Director, DOT Mr. Dave Parsons* Contractors Mr. Bob Stanfield, Community Resources* Mr. Ryan Yamamoto, Data House* *Attended meeting or participated in interview. April 12, 1990 MEMORANDUM TO: Participants FROM: Bob Stanfield, Manager, Community Resources, Inc. SUBJECr: Report on March 27, 1990 Meetincr with HPASS Users 1.0 Partic STATE Honolulu HCZKP Bennett Mark John Nakagawa Kauai Kenton Kuwada Ricky Tsuchiya OEOC Maui Roy Sakamoto Caryn Tatori Phillip Ota DLNR Consulting Team Mark Sheffel Gene Dashiell, Amp (Project Manager and COUNTY Principal) Bob Stanfield, Hawaii Community Resources, Inc.(CRI) Norman Hayashi Ryan Yamamoto, Data House, Inc. 2.0 Introductions Statenent of Purpose by HCZMP Workshop Purpose by Dashiell Participant Dq>eeriences with M&E process and with HPASS Information System Participant suggestions and Recommendations for M&E process and Information System Closing Remarks and Announcment of Follow up Workshop, April 19 Memo to Participants on March 27 Meeting April 12, 1990 Page 2 3.0 Statement of Purpose by HCZMP John Nakagawa, Hawaii Coastal Zone Management Program (HCZMP) planner, explained that the purpose of the contract with Dashiell and his consulting team was to examine the goals and objectives of the HCZMP Monitoring and Enforcement (M&E) Program and to specify the needs and criteria that should be met by the M&E Information System. He en#iasized that the project was not aimed at updating and revising the HPASS System. Instead, the project will help: � clarify what kind of system is needed tomeet the needs of all the State and county agencies involved in the M&E Program, and then � look at what should be done with the HPASS System; upgrade software arid/or hardware, maintenance of existing data with system replacement, or abandon existing data and system replacement He noted that HCZMP1s information needs for M&E consists of : � Sufficient information on permits and rule making by State and County agencies to insure that impacts are in compliance with C2M policies and objectives. � Information required by Federal OCZM to demonstrate adequate M&E activity 4. 0 Workshop Purpose Statement by Dashiell Gene Dashiell introduced the members of 'the Consulting Team, and explained the purpose of the workshop was to gather the experiences, problem, and recommendations of the State and County staff involved in the M&E Program in an informal atmosphere. Participants were asked to evaluate both the process arid the information handling in the current M&E Program. Memo to Participants on March 27 Meeting April 12, 1990 Page 3 5.0 Participants Comments on the Existing M&E Systgm-- 5. 1 Process The State Advisory Committee which includes State agency, County, and Community members meets to review HCZMP operations and policies. It is not directly involved in the M&E System. County All four of the counties use information fraritheir own databases to prepare reports to HCZMP and type or copy data into the report to HCZMP that has already been entered. into their own databases. Kauai and Maui send HCZMP copies of all approved SMA, permits. When the counties need information for CZM permit actions, they are working under tight time deadlines. As a result, they can't wait for data bases to be updated. To get the most current information, they call the other State and County agencies to obtain process and planning information and informal evaluations of projects. State State agencies don It have to have HCZMP certify their consistency with CZM policies and objectives. By law, they are supposed to act in ways consistent with the CzK policies and objectives. Disagreemnts about whether agency policies or actions are consistent with the CZM policies and objectives have arisen between HCZMP and State agencies. HCZMP uses the OEOC Recrister to collect information on EIS actions at present because the modem connection with HCZM from OEQC is not working. maintenance of the HPASS system costs $33,000 per year on a contract with Wang. No software support was provided because custam software was developed for the HPASS program. Federal The Federal CZM program wants to see evidence of improvement in Coastal Zone Management. New semi-annual and annual Federal Reporting Requirements may increase the amount of information that the HCZMP must report to the Federal Office of Coastal Zone Management (OCZM). Hawaii is currently negotiating with OCZM about the requirements. The proposed regulations would impose major data requirements, with much of the data difficult to collect. Memo to Participants on March 27 Meeting April 12, 1990 Page 4 5.2 HCZMP Needs County HCZMP does not need all of the information collected from the counties on the current HPASS form. What is needed is a quarterly report with the following elements: � A Statistical Summary of SMA Permits (Major & Minor) and of Shoreline Variances by Applied and Approved � A listing of Public Hearings Completed and Scheduled � A Summary of Significant Major SMA Permits & Shoreline Variances with a Paragraph Describing Key Elements of Each Action � A Statistical Summary of County Monitoring & Enforcement Actions HCZMP needs evidence of appropriate criteria/expertise being used by the counties in approving permits. HCZRP needs enough descriptive information and summary statistics so that they can pick out patterns and identify emerging problem areas and trends. Such a "flagging" system alerts them that there is a problem for which they may need to: � call the permit agency to discuss the problems, � muster resources for special studies, or � prepare requests to the Legislature for the resources or staff needed to address the problem. state HCZMP could rely on the OEOC Bulletin to collect' information on all EIS actions affecting the Coastal Zone. The HPASS system is not needed. HCZMP reeds early warning from State agencies which are proposing rules affecting CZM policy goals and objectives and involvement in consultation in order to avoid unnecessary dispute or delays in implementation. 5.3 State & County Acrency Needs Each agency should be able to get a printout of any information they entered into the system without a lengthy wait. Memo to Participants on March 27 Meeting April 12, 1990 Page 5 Data was entered into HPASS that nobody used. No data should be entered unless a clear and continuing need is demonstrated. The HPASS form was not fluser friendlyll, and input was difficult. HPASS tried to establish a common CZM planning data base. However, each agency now has its own individual data base in manual and/or computerized form.- As a result, a common camputerized data base for CZM purposes is not needed by the State and County agencies. A map based data base that could be used to identify all permits affecting a specific location, region, island, or county could be useful. County The counties never could get direct printed output from the HPASS system. Instead, they had to ask HCZMP to print output from. the system and send it to them. The major need of county CZM planners is for data and analysis that can be quickly assembled due to the limited time they have for review and response to permit applications. They rely on reviewing agency comments to identify any prcblems, and could benefit from quicker response by reviewers. Reviewing agencies may not have the information needed to properly evaluate the accumulating effects of many ItLinor" SMA permit actions (eg. Seawall construction). University experts are hard to involve in reviews, and may not have adequate data on the overall pattern of changes resulting from minor permit approvals. County planning agencies don't have the staff expertise to evaluate either the issues or the reviewers' responses. An' additional prcblem is the resolution of conflicting responses from consultants. County agency staff sometimes find it useful to consult with the other counties for guidance on how they handled certain types of projects. There is no need for a computerized data base for such comparisons, because a call is easier and a data base would be expensive to update and wouldn't be used enough to justify the updating. County CZM planners would find it useful to know what other permits or land use actions are associated with the project in addition to the application for an SHN pernut. Memo to Participants on March 27 Meeting April 12, 1990 Page 6 County CZM plarmers do not find the State Data Book or the State Data Book Bulletin Board System very useful either as a reference or as a guide to sources. County C2M planners do not need access to a Statewide Planning Data Base or Geographic Information System (GIS). Such data might be most useful and relevant to the agency specialist, consultants, or other reviewers who are asked to comment on CZM permit actions. County CZM planners bad little use for the old data on HPASS. In some cases, the data was incorrect. In addition, the counties have their own data collections which they use if there is a need to information on the past permit actions. State When HPASS was operated from the UH, OEQQ was able to both enter input and get printed output from the data base. DLNR was unable to get a direct printout from the HPASS system. DENR doesn't use HPASS. (Since the meeting, Dashiell has learned that Roger Evans does keep his Conservation District Permit information on the Wang system, but would like to move it to the PC-based data system that DLNR has adopted (DBASE IV). DDT (Dave Parsons) has suggested that the HPASS data be made available in IE24-PC format. OEQC is developing its own ccaputerized data base. OEQC would like to create a computerized version of the EggLister that could be searched by keyword and accessed by other computer over a modem connection. A bill to appropriate such a system is in the Legislature OEQC would be willing to include CZM material in its Register if HCZMP wanted to provide it on a regular basis. DOH (Gene Akagawa) does not need HPASS data. DOH maintains its own water quality files on an IBM-PC system. He is interested in a GIS. Memo to Participants on March 27 Meeting April 12, 1990 Page 7 6.0 Options for Information HandljM & Comftunicat Several options for information handling and communicating between all the participants in the State's CZM M&E System could be implemented. Ranging from simplest to most complex, they are: 6.1 Information Handl Baseline: Present practice with each Agency maintaing an individual data base. Retrieval and analysis by manual and computer methods within agency. Transmittal to other agencies and to HCZKP by phone message, fax, or mail. Purpose of Options: increase ease of retrieving, transmitting, and analyzing information for each Agency. Reduce the amount of paper transmitted and held by agencies. � Index Option: A Data Base containing an Index to all Permits, Shoreline Variances, Hearings, Monitoring and Enforcement Actions, and Rules Change Information. Could be searched and summarized by keywords like Type, Date, Location of Document, Issuing Agency, Geographic Location of Action, Applicant Name, etc. depending on the extent of indexing. An on-line Bulletin Board System could allow computerized searching of the Index for those agencies with computer-modem facilities, and periodic reports could be printed out for those without such equipment. � Document Opti : A Data Base containing the text of the Permits, and other Process Docmwmts (Shoreline Variances, Proposed Regulations, etc.) produced by scanning and storage on optical disk. could be searched by keyword and used to retrieve and printout specific text and graphic information quickly. � Plannim and Resource Management Option: A Data Base I . containing indices, text, and data useful for reviewing and commenting on permit applications. 6.2 Information Handlincr Network Structure Two alternative network setups were suggested for information handling: o PC Database Opti Each agency would have a computer with database software and a modem. A CZK database would be maintained on the PC, and report data transmitted to HCZMP. Memo to Participants on March 27 Meeting April 12, 1990 Page 8 o Acrency Database Opti : Data for reports to HCZMP would be extracted directly from agency data files, converted to the format needed by HCZMP, and transmitted to HCZMP with minimal additional data entry or manipulation. 6. 2 Cammnications Baseline: Present Practices of regular monthly meetings, phone conversations, routing of permits and regulations for review and comment, and exchange of paper reports/computer diskettes Rgogge of Options: Improve ease of camunication, expand conmmnication among Agencies, and promote awareness of CZM goals and resource and hazard management issues. � Awar-enesqZConsensus kLb@ Meet Meetings once a year with key State and County agency staff to review key concerns of HCZMP and reach a consensus on procedures for identifying and communicating about significant permit actions and rule changes. Purpos : Establish lines of comtmnication and procedures in order to promote awareness of and to avoid unnecessary conflicts aver coastal resource and hazard management issues. � Newsletter Option: Feature Stories on CZ14 Resource and Hazard Management Issues in Hawaii, News of Signif icant Actions, Rules and Regulations under Revision or Proposed, Legislation affecting Programs or Budget, Personnel News. Purpose: Broaden awareness and build a sense of community. � Voice Mail Option: Allows recording of phone messages, conference calls, and retrieval of messages from other phones. Purpos Increase efficiency in phone use among agencies. � Electronic Bulletin Board System (BBS) Option: Cmiputzrized version of voice mail. Allows direct transmittal of personal and public messages, conferences on issues of interest, recall and response at time of convenience, and electronic transfer of text, graphics, and data. Purpose: Build a sense of community through conferences, increase efficiency in transmittal of cm'nputerized data, and reduce amount of paper transmitted and held by agencies. Memo to Participants on March 27 Meeting April 12, 1990 Page 9 7.0 Agency Capacities for Information Handling County Hawaii County has Wang machines and IBM-PC's. They are using custom data base software on the IBM-PC to track land use permits by TMK. Honolulu City and County has a Mainframe based inter-agency data base system that tracks land use by TMK. Access to the system is through terminals. In addition, Honolulu has recently developed a basic Geographic Information System (GIS) for Oahu using ESRI's ARC-INFO system. Maul County has a land use data base on IBM-PC's and is developing a GIS. Kauai County is developing a database on the IBM-PC for tracking land use. State OEQC has two IBM-PCs and wants to develop a permit tracking database. DLNR has IBM-PCs and is using DBASE IV software for their purchase order system. The State has a GIS using ESRI's ARC-INFO system. Eugene P DashieH A i C!, PLANN(NG, SFM ;( C EIS Land t 'sc. A hir*ic & [ f ater Rcsouav [Yans Enrhurimenral Impacr Starcments April 5, 1990 Mr. Roger Evans Department of Land and Natural Resources 1151 Punchbowl Street Honolulu, Hawaii 96813 Dear Mr. Evans: Subject: Hawaii Coastal Zone Management, Monitoring and Enforcement Program This is to confirm our telephone discussion of March 30 in which I noted that we have been contracted by HCZMP to provide a review of the monitoring and enforcement program and in particular the need for, and use of, the HPASS system and its data. I reported to you the results of our March 27 workshop which confirmed that the HPASS hardware, software and overall system no longer functions as originally intended some 10 or 15 years ago and, moreover, the data entry and maintenance requirements of HPASS have become sufficiently burdensome so that a replacement system of some sort is worthy of consideration. It appears that your's is the only office using the system in any significant manner and this is for the Conservation District Use Application files. I stated that we would be looking into the feasibility of file transfer between the Wang VS system (HPASS) and IBM PC format which I understand is your intended replacement system within your office. My understanding is that you would accept a shut-down of HPASS providing your CDUA files can be made available to you in IBM- PC format. I also stated that such a shut-down is not imminent. Rather, if it is to happen, it would be after a suitable replacement M & E system was operational. On April 19, at 9am, we will present our preliminary findings in a workshop to HCZMP agencies and HPASS users such as yourself. The meeting will be in the penthouse conference room of the Kamamalu Building. We will use the results of the workshop in the preparation of our draft report to the HCZMP. I hope you or your representative can attend. Sincerely yours, P Eugene P. Dashiell, AICP CF: Mr. Doug Tom, HCZM Program Manager 330 Coral Street - Suite 202 . Honolulu, Hawan 96813-@544 (808) 337 -9-1 17 Eugene P. Dashiell PLANNING SERVICES Land Use, Marine & Water Resource Plans Environmental Impact Statements April 19, 1990 Memorandum To: HCZMP Workshop Participants Subject: HCZMP Monitoring & Enforcement Recommendations for Discussion Based on our review of the past workshop discussions, federal requirements, previous HPASS evaluations, discussions with agency officials, and review of HCZMP documents, we recommend that HCZMP consider the following actions to simplify their Monitoring and Enforcement reporting requirement. We note that HCZMP's purpose is to oversee the furtherance of the 7 objectives of Hawaii's Coastal Zone Law (Act 205A-2). In sum, these objectives are as follows. 1) Recreational Resources. Provide coastal recreational opportunities accessible to the public. 2) Historic Resources. Protect, preserve, and where desirable, restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. 3) Scenic and Open Space Resources. Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. 4) Coastal Ecosystems. Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. 5) Economic Uses. Provide public or private facilities and improvements important to the State's economy in suitable locations. 330 Coral Street Suite 202 Honolulu, Hawaii 96813-5544 (808) 537-9717 6) Coastal Hazards. Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. 7) Managing Development. Improve the development review process, communication, and public participation in the management of coastal resources and hazards. Our suggestions are made in the context of these 7 overall goals. It appears that up to now the HCZMP has not been able to measure progress towards achievement of these goals. We are suggesting an integrated approach which would permit direct tracking of achievements towards these goals. We believe that our suggestions, if implemented, would result in less rote data entry as is now required under HPASS and would free up vital staff time for assertive coastal planning and field inspections -- items that are in demand as the number of coastal actions increases in throughout the state. Please review these suggestions and respond back to me or to John Nakagawa by May 7 with your changes, remarks, additions, or disagreements. We intend to use this document as a basis for our report with your concurrence. Actions to Improve Reporting: County Agencies - State HCZMP 1) Request the counties to submit data in a simplified and unified format for use by HUMP in some sort of microcomputer database. The counties could use their existing microcomputers and send data disks or use dial-up modems. Compliance with this suggestion could include: a) At a minimum, use of a uniform database format (not necessarily the same database software, but at a minimum softwares which can produce a common file format like ASCII or DIF); b) It might be desirable to have dedicated microcomputers in each county CZM office. In that case, HUMP could assist in obtaining 2 suitable microcomputers and several copies of an appropriate database software for each county and for HUMP, or just the software if that county has access to an appropriate microcomputer. This suggestion has an advantage of complete uniformity. 2) Set up the system for the counties to track SMA's with the same core of each database. Each county could customize the database as they wished for their own uses, but they would send the core of information to HUMP which would meet the OCRM reporting requirements. HUMP would dump those files into their own microcomputer database and could compose their reports. This would permit HUMP to easily file the semi-annual tables to OCRM based on electronically loading the county files rather than hand- punching the information. The counties would save effort by having one-time-only data entry. 3) Reduce the questions the counties must answer to a bare minimum from the current HPASS forms. Actions to Improve Reporting: State Agency - State HCZMP 4) HUMP would customize their own database to track all the other information they now receive such as permit notices, permit applications and decision notices. They could keep narrative information about each permit action, federal consistency decla41on, other State action, CDUA, or OCRM grant and then prepare draft reports from the data base. By so tracking data and entering data daily, actual reporting would be relatively straightforward at the required quarterly, semi-annual, or annual intervals. 3 When the above program is setup and working properly, HCZMP should shutdown the Wang HPASS system after making the files available in PC format. 5) According to the current federal reporting guidelines (Sep 1988) it appears that if additional detail is required from the states (for example, acres of wetlands), that this information would be submitted on a one-time basis to serve as a baseline to measure change. At present, such data is not required from the counties or the state. If it should be required, such data fields could be added to the proposed data base system of reports. Actions to Meet Annual Federal Requirements 6) Add a checklist or scorecard which permits tabulation of contribution to, or taking from, the 7 objectives in ACT 205A. Include best management actions, conformance with CZIVI plans, and conditions on SIVIA, CIDUA, or other CZIVI-related actions or permits. Consider categorizing (seawall, beach, marina, etc) SIVIA and other permit actions to provide an additional level of detail and search capability by type of action. Entries on the checklist would be numeric in terms of the 7 objectives so that for each semi-annual report there would be a measurable statement of the contribution to or taking from the objective. This could be done by category of action as well which would permit time-scale analysis of the relative proportion of actions for easy detection of trends. HCZMP, themselves, would track and evaluate state and federal projects in the same manner against the same 7 objectives. If this initial tracking was too time consuming, a special directive could be sought from the Governor to all state agencies to perform this 4 Summary of scores from all SMA/CDUA, permit or other actions in the State (0 loss, 1 no change, 2 contribution) 1 2 3 4 Net for The 7 HCZMA Obj ctives in Act 205A-2 Qr1r Ortr Ortr Qrtr Year 1 Provide Public Accessible Recreation 0 1 2 0 0.75 2 Protect/restore Historic Resources 1 2 0 1 1.00 3 Protect/improve Scenic Resources 1 1 0 2 1.00 4 Protect Ecosystems 0 0 1 0 0.25 5 Economic Development in Suitable Locations 1 2 1 1 1.25 6 Reduce Hazards to Life and Property 2 1 1 1 1.25 7 Improve Development Review Process 0 0 1 0 0.25 CZMM&E.XLS, 4/18/90,6:43 PM, Page 1 function and to submit the scorecard/checklists; themselves. Scorecards/checklists would provide a standard evaluation format equally applicable to county, state or federal agencies and based on existing state law. Implementation of this concept (originally a concept in HPASS, but very complex, and not readily retrievable) would provide a near instantaneous way of monitoring and evaluating the progress of CZM actions and programs in Hawaii. 7) Update the state coastal zone management plan, basing measurement of achievement towards the 7 goals on these suggestions. Given the plethora of CZM actions in recent years, it appears that there is a need for this update. Actions to Improve Communication and Coordination 8) Make the "awareness program", especially for State agencies, more active. This program is vital to obtaining a more unified and assertive CZM planning effort at the state level. This would aid to improve the CZM planning and coordination among state agencies. HCZMP should consider use of a periodic news letter which could be published directly by HCZMP or through use of the OEOC Bulletin initially. a) This is particularly important for improving' communication regarding the issuance of rules and regulations by state and federal agencies. b) Consider more intensive use of the OEQC Bulletin for publishing HCZMP program information and semi-annual statistics. Use of the Bulletin seems a logical and inexpensive way to reach more state agency planners 5 especially. An advantage of the Bulletin is that the mechanism to publish and distribute is already in place. c) The concept of a dial-up modem bulletin board for CZM information-sharing between agencies is appealing because it would permit agencies to query each other in cases where they did not want to telephone. This would also permit conferencing--a useful management tool. If the state CZM data files were operational as suggested above, they could be a part of this bulletin board and could be queried by type of action, location, date, or whatever by agencies seeking comparable actions during permit/project review. Maintenance of such a bulletin board would add to HCZMP's workload, and there is an inconvenience to users in that for the system to be effective, they must query it regularly. d) Instead of a bulletin board, consider purchase of a Fax machine for each CZM office. It is possible that a Fax would be most useful to provide the required added communication capability between agencies. e) HUMP might consider a variety of media to aid in the awareness program. For example a brochure which outlines program goals, achievements, and responsibilities on the part of agencies and the public should be widely distributed and available in many places around the state. OEOC has the "EIS Handbook for Hawaii" which was financed in part by CZM funds, for example. 9) Consider use of semi-annual field trips in addition to quarterly site visits to inspect special problem areas such as loss of public access or marina development. The use of helicopters for these trips would be cost- 6 effective and would permit a better view of coastlines than from land. Actions to Improve Resource Management Information 10) Hire a coastal engineer, especially for use in the awareness/outreach programs and in permit review to assist counties so that they do not have to rely on the private sector for coastal engineers (there probably are not many of these on the neighbor islands). 11) Work with OSP and other state agencies to investigate and develop a statewide planning database which would fulfill the original goals of HPASS. This seems to be a desired and necessary service, but it cannot be met by CZM. The state has a GIs which comprises a portion of such a system. The state is planning data interlinks as well. 12) Work with other state agencies to develop a statewide weekly or biweekly bulletin for all public notices including the OEOC Bulletin. This would probably be cost effective considering the present amount of time individual agencies put into handling their own public notices, etc. Such a bulletin would include CIP, which was the most frequently queried category of information in the HPASS. Submittals to the bulletin could be made by modem from each agency so that the bulletin publisher's job would be merely a matter of printing, maintaining a mailing list and mailing. 7 DEPARTMENT OF LAND UTILIZATION CITY AND COUNTY OF HONOLULU 650 SOUTH KING STREET HONOLULU, HAWAII 96813 (808) 523-4422 FRANK F. FASI MAYOR DONALD A. CLEGG DIRECTOR LORETTA K.C. CHEE DEPUTY DIRECTOR May 3, 1990 Mr. Douglas Tom Office of State Planning Hawaii Coastal Zone Management Program State of Hawaii Honolulu, Hawaii ATTENTION: Mr. John Nakagawa Dear Mr. Tom: Hawaii Coastal Zone Management Program (HCZMP) Monitoring and Enforcement Recommendations We have reviewed the recommendations of your consultant, Eugene Dashiell, that were presented in his April 19, 1990 memorandum. We have the following remarks: 1. We agree that a more simplified system of reporting County Special Management Area (SMA) permit and Shoreline Setback Variance (SV) actions to the State, which would meet minimum Federal requirements, would be best. The current H-PASS system is obsolete, ponderous, and of questionable usefulness. We would have no objection to eliminating the H-PASS system altogether. 2. We do not believe that a planning database system, if based on primarily the County and State agency reports to the HCZM office, would be of any particular value to the City. An original intent of the H-PASS was to create a database of planning information. The City and County of Honolulu already has a Tax Map Key based planning information system called Permit Register Information and Monitoring (PRIM) and is currently installing a Geographical Information System (GIS). The PRIM and GIS satisfy the City's basic planning information needs. A State database system, if modelled after the old H-PASS, would be redundant at best, and could be onerous in its reporting requirements at its worst. Mr. Douglas Tom Page 2 3. We suggest that statistical reports on individual projects from the City to the State HCZM office be limited to information which can be easily retrieved through our PRIM system. This would reduce the excessive amount of time that we must currently expand doing research to complete the H-PASS forms. 4. We do not believe that it is reasonable to ask a county agency to evaluate whether a permit or a variance it has issued properly mitigates adverse impacts on CZM goals. By their very nature, all permits and variances issued must have taken into consideration the CZM goals and must include appropriate mitigation measures; a county agency could therefore not indicate that it had not properly mitigated adverse impacts to CZM goals. We suggest that it is the HCZM office's obligation to make this determination itself. If you have any questions, please contact Mr. Bennett Mark of our Environmental Affairs Branch at 527-5038. Very truly yours, DONALD A. CLEGG Director of Land Utilization 0AC:sl 0335N/12-13 NOAA COASTAL SERVICES CTR LIBRARY 3 6668 14111108 0