Environmental Impact Statement; Maui, Hawaii, 71392-71397 [2022-25368]
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Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
III. Public Participation
The meeting will be open to the
public for virtual or in person
attendance on a first-come, first served
basis, as space is limited. Please confirm
your attendance with the person listed
in the FOR FURTHER INFORMATION
CONTACT section and provide the
following information: full legal name,
country of citizenship, and name of
your industry association or applicable
affiliation. When registration is
confirmed, FAA will email registrants
the meeting access information in a
timely manner prior to the meeting.
The U.S. Department of
Transportation is committed to
providing equal access to this meeting
for all participants. If you need
alternative formats or services because
of a disability, such as sign language,
interpretation, or other ancillary aids,
please contact the person listed in the
FOR FURTHER INFORMATION CONTACT
section.
The FAA is not accepting oral
presentations at this meeting due to
time constraints. Any member of the
public may present a written statement
to the committee at any time. The public
may present written statements to
ARAC by providing a copy to the
Designated Federal Officer via the email
listed in the FOR FURTHER INFORMATION
CONTACT section.
Issued in Washington, DC, on November
16, 2022.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2022–25325 Filed 11–21–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. 2022–1564]
Agency Information Collection
Activities: Requests for Comments;
Clearance of a Renewed Approval of
Information Collection: Certification of
Aircraft and Airmen for the Operation
of Light-Sport Aircraft
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
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AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. The collection involves the
recordkeeping requirement for owners/
SUMMARY:
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operators of aircraft issued a special
airworthiness certificate in the lightsport aircraft category (SLSA) to keep
the current status of applicable safety
directives, and transfer these records
with the aircraft at the time the aircraft
is sold. The information to be collected
is necessary to determine and ensure the
SLSA aircraft is in a condition for safe
flight prior to aircraft operation. The
title of this collection is being revised
from Certification of Aircraft and
Airmen for the Operation of Light-Sport
Aircraft to Special Light-Sport Aircraft
(SLSA) Safety Directive Recordkeeping,
to better reflect the purpose of the
information collected.
DATES: Written comments should be
submitted by January 23, 2023.
ADDRESSES: Please send written
comments:
By Electronic Docket:
www.regulations.gov (Enter docket
number into search field)
By email: Tanya Glines, tanya.glines@
faa.gov
FOR FURTHER INFORMATION CONTACT:
Tanya Glines by email at: Tanya.glines@
faa.gov; phone: 202–380–5896.
SUPPLEMENTARY INFORMATION:
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
whether the proposed collection of
information is necessary for FAA’s
performance; (b) the accuracy of the
estimated burden; (c) ways for FAA to
enhance the quality, utility and clarity
of the information collection; and (d)
ways that the burden could be
minimized without reducing the quality
of the collected information. The agency
will summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
OMB Control Number: 2120–0730.
Title: Certification of Aircraft and
Airmen for the Operation of Light-Sport
Aircraft.
Form Numbers: Aircraft maintenance
records/logs.
Type of Review: Renewal of an
information collection.
Background: Title 14 CFR,
§ 91.417(a)(2)(v) requires each registered
owner or operator to retain records
containing the current status of
applicable safety directives including,
for each, the method of compliance, the
safety directive number and revision
date. Additionally, if the safety directive
involves recurring action, the time and
date when the next action is required.
Recording this information and
retaining these records is necessary to
determine if unsafe conditions have
been corrected on aircraft issued a
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special airworthiness certificate in the
light-sport category (SLSA), which
assists in ensuring that the SLSA aircraft
is in a condition safe for flight prior to
its operation within the national
airspace.
Respondents include owners/
operators of SLSA, aircraft mechanics,
and LSA repairmen with a Maintenance
rating. The records of SLSA safety
directive compliance are retained by the
aircraft owner/operator, who must keep
the records for the life of the SLSA
aircraft and transfer them to the new
owner at the time the aircraft is sold.
The burden estimates are based on the
current number of registered SLA and a
projected future growth rate.
Respondents: 3224 owners/operators
of SLSA aircraft.
Frequency: On occasion.
Estimated Average Burden per
Response: 2 Hours.
Estimated Total Annual Burden:
6,448 hours of annual burden.
Issued in Washington, DC, on November
16, 2022.
Tanya A. Glines,
Aviation Safety Inspector, Office of Safety
Standards, Aircraft Maintenance Division,
Airmen Section.
[FR Doc. 2022–25350 Filed 11–21–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement;
Maui, Hawaii
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of intent to prepare an
environmental impact statement.
AGENCY:
The FHWA, in coordination
with the Hawaii Department of
Transportation (HDOT), is issuing this
notice to invite comment and advise the
public that an Environmental Impact
Statement (EIS) will be prepared to
study potential improvements to the
Honoapiilani Highway (State Route No.
30) between Ukumehame and
Launiupoko in West Maui.
Improvements are needed to provide a
reliable transportation facility that
would not be inundated by the
predicted 3.2-foot sea level rise and
undermined by coastal erosion. The
FHWA, as the Federal lead agency, and
HDOT as the project sponsor and joint
lead agency, will prepare an EIS for the
Honoapiilani Highway Improvements
Project, Ukumehame to Launiupoko,
covering the 6-mile segment between
SUMMARY:
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milepost 11 in the vicinity of Papalaua
Wayside Park in Ukumehame
(southeastern terminus) and milepost 17
in Launiupoko, where Honoapiilani
Highway currently connects with the
existing southern terminus of the
Lahaina Bypass (northwestern terminus
of the project).
DATES: Comments must be received by
December 31, 2022. Written comments
received by the submittal deadline will
be published in the Draft EIS.
Public meetings will be held on
December 14, 2022, and December 15,
2022. Meetings will be virtual and/or inperson. Please refer to the project
website for meeting information. For
public scoping information and
requests, including special assistance
requirements to participate fully in the
meeting, please contact HDOT using the
contact information in the FOR FURTHER
INFORMATION CONTACT section below by
December 7, 2022.
FOR FURTHER INFORMATION CONTACT: This
NOI and Supplementary NOI Document
are available on the project website:
www.Honoapiilani
HwyImprovements.com.
Please refer to the website for the
latest information about public meetings
and to submit written comments and
questions on the project’s preliminary
Purpose and Need, scope, design
alternatives, and other details pertinent
to the EIS, as described in this NOI.
In addition, comments and questions
may also be submitted via the following
methods:
Mail: Federal Highway
Administration, Hawaii Division
Attention: Richelle Takara, Division
Administrator Box 50206, 300 Ala
Moana Blvd., Room 3–229 Honolulu, HI
96850. Email: Richelle.Takara@dot.gov,
Telephone: (808) 541–2700.
Mail: Hawaii Department of
Transportation, Highways Division
Attention: Genevieve Sullivan 869
Punchbowl Street, Room 301 Honolulu,
HI 96813. Email: genevieve.h.sullivan@
hawaii.gov, Telephone: (808) 587–1834.
Comments may also be offered during
the public scoping meetings. Interested
persons may request to be added to the
project mailing list to receive notices of
future project information. The Project
website has a link to join the mailing
list.
SUPPLEMENTARY INFORMATION:
The purpose of this Notice of Intent
(NOI) is to:
1. Alert interested parties regarding
the plan to prepare the EIS;
2. Provide information on the nature
of the proposed project;
3. Invite participation in the EIS
process, including comments on the
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Purpose and Need for the project and
the scope of the EIS proposed in this
notice; and
4. Announce public scoping meetings.
As public involvement is crucial to
the success of transportation projects,
the FHWA and HDOT will consider all
comments received in response to this
notice and make revisions as
appropriate. The EIS will be prepared in
accordance with the requirements of the
National Environmental Policy Act
(NEPA) of 1969, as amended (42 U.S.C.
4321, et seq.), 23 U.S.C. 139 regarding
efficient environmental reviews for
project decision making and One
Federal Decision, CEQ regulations
implementing NEPA (40 CFR parts
1500–1508), FHWA regulations
implementing NEPA (23 CFR part 771),
and all applicable Federal, State, and
local laws and regulations.
1. Project History
On June 7, 2007, FHWA published a
NOI for an EIS in the Federal Register
(72 FR 31649) to realign Honoapiilani
Highway in West Maui. Project
objectives for that proposal, involving a
longer 11-mile segment of Honoapiilani
Highway, were to increase roadway
capacity, safety, and reliability. In
addition, the previous Federally funded
proposal sought to address the eroding
shoreline between Maalaea on the
southern end of West Maui and
Launiupoko. However, the EIS was
never completed, and FHWA rescinded
the NOI on June 5, 2020 (85 FR 34712),
citing the difficult terrain and the
estimated high project construction cost.
In contrast with that rescinded
project, HDOT’s current proposal is a
more focused project to address a
shorter, 6-mile segment of the highway,
which does not include the areas of
steep terrain that previously proved to
be cost prohibitive. The currently
proposed project has been awarded a
United States Department of
Transportation (U.S. DOT) Rebuilding
American Infrastructure with
Sustainability and Equity (RAISE) Grant
to assist with funding. The RAISE Grant
funding does not predetermine the
alternative selection.
In addition to the standard cardinal
direction terms north, south, east, and
west, this NOI uses common local
naming conventions such as mauka/
makai (towards the mountains/ocean)
which correspond to generally easterly/
westerly directions in this project area,
the pali (cliff, but also refers to a
specific place of steep topography south
of the project area), and West Maui
place names, such as Lahaina (a town to
the north of the project area). Additional
project background, maps, and
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information to support the following
NOI sections are provided in the
Supplementary NOI Document.
2. Preliminary Purpose and Need
Public input received prior to
developing this NOI supports the
primary purpose of this project, which
is to provide a reliable transportation
facility in West Maui and improve
Honoapiilani Highway’s resilience by
reducing the highway’s vulnerability to
coastal hazards. Specifically, the project
is intended to address existing coastal
erosion and flooding, as well as future
coastal erosion and flooding caused by
anticipated sea level rise, as delineated
by the Hawaii Climate Change
Mitigation and Adaptation Commission
(HCCC)’s Sea Level Rise Exposure Area
(SLR–XA), along the stretch of highway
from Ukumehame to Launiupoko,
approximately milepost 11 to milepost
17. Areas within the SLR–XA boundary,
including Honoapiilani Highway, are
considered exposed and potentially
vulnerable to sea level rise. The 3.2-foot
SLR–XA encroaches on roughly four (4)
miles out of the six (6) miles of the
existing highway in the project area.
Therefore, the primary purpose of the
project is to reduce the highway’s
exposure to the SLR–XA, where
feasible. Secondary objectives include:
(1) Provide Regional Transportation
System Linkages that Support the Safe
Movement of People and Goods, and (2)
Conform with Regional Land Use and
Transportation Plans. The project
preliminary Purpose and Need, along
with secondary objectives, and the range
of reasonable alternatives may be
modified, based on public input and
interagency coordination during the
NEPA review.
Highway service disruptions are
expected to increase as the frequency
and magnitude of flood occurrences are
exacerbated by climate change and sea
level rise. HCCC’s SLR–XA boundary
delineates the statewide footprint where
passive flooding, annual high wave
flooding, and coastal erosion has been
modeled for the 0.5-foot, 1.1-foot, 2.0foot, and 3.2-foot sea level rise (SLR)
scenarios for the year 2100. Any
references to the SLR–XA boundary
throughout project documentation
assumes the 3.2-foot SLR scenario
unless otherwise noted. Areas and
assets, including Honoapiilani Highway,
within the SLR–XA boundary are
considered exposed and potentially
vulnerable to SLR. Therefore, the
primary purpose of the project is to
avoid the SLR–XA where feasible. The
FHWA and HDOT will determine
feasibility by considering basic design
and engineering limitations as described
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in the Alternatives Screening Criteria
section of the Supplementary NOI
Document. Where highway
improvements cannot be conducted
entirely beyond the SLR–XA, HDOT
may seek design solutions to elevate the
highway by a height to be determined
by technical evaluations conducted as
part of this NEPA review.
Although we know that Honoapiilani
Highway is vulnerable to flooding and
coastal erosion, there may be other
reasons to improve road conditions.
Agencies and the public are invited to
comment on the Purpose and Need. The
FHWA and HDOT will finalize the
Purpose and Need after the public
scoping review period is complete. The
Draft EIS will present supporting
documentation for the finalized Purpose
and Need. Please see the scoping
comment period deadline in the DATES
section of this NOI.
ownership, cultural and archaeological
resources). Build Alternatives 1 through
4 are presented below. The
Supplementary NOI Document contains
maps and additional information on the
alternatives. For portions of alignments
that remain within the SLR–XA
boundary, the FHWA and HDOT will
conduct additional evaluations to
determine the depths of inundation at
those locations and appropriate design
solutions, such as whether the road
should be elevated.
The Supplementary NOI Document
also describes other alternatives that
were previously considered but have
not been retained for consideration in
the EIS either because they do not meet
the preliminary Purpose and Need or
they had been eliminated due to
technical challenges, such as drilling a
tunnel through the pali (cliff) or
constructing an ocean causeway.
3. Preliminary Description of Project
Alternatives
The proposed action is anticipated to
include improvements to Honoapiilani
Highway for six (6) miles from Papalaua
Wayside Park in Ukumehame to the
Lahaina Bypass in Launiupoko.
Alternatives include the No-Build
Alternative and multiple Build
Alternatives. The Supplementary NOI
Document describes alternatives
screening or evaluation criteria, which
will be used to filter and prioritize a
reasonable number of Build Alternatives
to analyze in the Draft EIS. Agencies
and the public are invited to comment
on the project alternatives and screening
criteria. The FHWA and HDOT may
modify project alternatives and
screening or evaluation criteria based on
public scoping input received during
the comment period associated with this
notice. See below for the range of
alternatives currently under
consideration.
Build Alternative 1
Build Alternative 1 was adapted from
the Maui County Pali to Puamana
Parkway 2005 coastal or makai concept.
A key element of this alternative is to
maximize use of the existing
Honoapiilani Highway right-of-way
(ROW), particularly through
Launiupoko and a portion of Olowalu.
The Olowalu section of this Alternative
was modified to move the Highway
further inland near Kapaiki Place
neighborhood on Olowalu Village Road
(shown on Figure 1) to avoid cultural
resources based on recommendations
from the community during early
scoping meetings. As the alignment
proceeds toward Ukumehame Stream, it
stays primarily within County and
State-owned properties. At Ukumehame
Stream, the alignment returns closer to
the existing highway to minimize
potential impacts to land uses, which
may be considered cultural practices,
occurring on a property identified as a
Land Commission Award (LCA) at the
makai end of Ukumehame Stream. At
the Ukumehame Firing Range, this
alternative crosses through the SLR–XA,
but avoids a sediment basin, which the
U.S. Fish and Wildlife Service’s
National Wetlands Inventory Mapper
(NWI) identifies as a potential wetland
area, mauka of the existing
Honoapiilani Highway. Alternative 1
would avoid approximately 84 percent
of the SLR–XA encroachment area on
the existing highway. Roughly 0.6 mile
(about 3,330 feet) of this alignment
would remain inside the SLR–XA.
Build Alternatives
The proposed Build Alternatives are
based on alternatives that were
proposed in the Maui County 2005 Pali
to Puamana Parkway Master Plan,
which examined possible realignments
of Honoapiilani Highway between
Ukumehame and Launiupoko. Early
scoping meetings and exchanges
conducted in the first half of 2022 with
Native Hawaiian descendants of
Olowalu, Ukumehame, and Lahaina, as
well as developers and landowners, and
Maui County staff have yielded input
critical to refining these alternatives.
Adjustments were made with specific
consideration for natural resources
(water, wetlands, terrain) and the
human environment (land use,
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Build Alternative 2
Build Alternative 2 was adapted from
the Maui County Pali to Puamana
Parkway 2005 ‘‘middle’’ concept. In
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Launiupoko, this alignment would
remain close to the existing
Honoapiilani Highway. As this
alignment crosses Olowalu, it would
require the acquisition of private
property, including a number of LCA
lands in Olowalu. However, the
Alternative would avoid the Kapaiki
Place residential neighborhood. In
Ukumehame, this alignment follows a
more makai route to maximize use of
County and State-owned property like
Alternative 1 and stays closer to the
existing Honoapiilani Highway, thereby
avoiding impacts to the LCA at the
makai end of Ukumehame Stream.
Unlike Alternative 1, this alignment
would not avoid the SLR–XA at
Ukumehame Stream, because it seeks to
keep as close to the existing
Honoapiilani Highway as possible. This
alignment would remain in the SLR–XA
until it reaches the sediment basin
below Ukumehame Firing Range. This
sediment basin contains an area
identified by the U.S. Fish and Wildlife
Service’s NWI as a potential wetland
area.
Alternative 2 traverses the makai side
of the sediment basin roughly following
the mauka edge of the SLR–XA. As a
result, this alignment does not avoid as
much of the SLR–XA as Alternative 1.
Alternative 2 would avoid
approximately 71 percent of the SLR–
XA on the existing highway. Roughly
1.1 miles (about 6,000 feet) of this
alignment would remain inside the
SLR–XA.
Build Alternative 3
Build Alternative 3 was adapted from
the Maui County Pali to Puamana
Parkway 2005 ‘‘mauka’’ concept. It is
identical to Alternative 2, except in
Olowalu where the alignment is further
inland or mauka. At Olowalu,
adjustments were made to this
alignment to avoid affecting properties
with permitted building plans that are
near to beginning construction and to be
more cohesive with the private
subdivision’s greenway and existing
roadway and utility easements.
Preliminary engineering investigations
and comments from early scoping
suggest that the terrain underlying
Alternative 3 may be more variable and
challenging than Alternative 2. The
alignment would also require
acquisition of private property and
avoid the Kapaiki Place residential
neighborhood. Alternative 3 would
avoid approximately 71 percent of the
SLR–XA on the existing highway,
similar to Alternative 2. Roughly 1.1
miles (about 6,000 feet) of this
alignment would remain inside the
SLR–XA.
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Build Alternative 4
Build Alternative 4 was also adapted
from the Maui County Pali to Puamana
Parkway 2005 mauka concept. The
alignment for Alternative 4 was selected
to realign the highway as much as
possible away from the SLR–XA,
without as much consideration for
property ownership as other Build
Alternatives. The route through
Olowalu town that distinguishes this
alignment is based on preliminary
landowner input provided in 2007. This
alignment was further adjusted in 2022
to minimize the creation of remnant
parcels by following proposed roads and
property boundaries where possible. In
doing so, it provides opportunities for
multimodal connectivity between the
private subdivision’s greenway and the
realigned highway. In Olowalu,
Alternative 4 avoids the Kapaiki Place
neighborhood but comes close to the
Kipuka Olowalu Cultural Reserve, the
site of the Olowalu Petroglyphs.
Alternative 4 proposes to span a No
Build Archaeological Buffer along
Ukumehame Stream with a bridge, to
avoid impacts to this archaeological
preservation area that was established as
part of the Ukumehame Subdivision
project, according to a 2005 Final
Environmental Assessment.
While other alternatives turn makai at
Mopua (a locale at the southeastern end
of Olowalu), only Alternative 4
continues mauka to realign the highway
as much as possible away from the SLR–
XA. It proceeds toward the Ukumehame
Firing Range through private property
and passes through the sediment basin
before connecting back to the existing
highway. Alternative 4 would avoid
roughly 92 percent of the SLR–XA on
the existing highway, avoiding the SLR–
XA the most of all Build Alternatives.
Roughly 0.3 mile (about 1,600 feet) of
this alignment would remain inside the
SLR–XA.
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No-Build Alternative
In accordance with the Council on
Environmental Quality’s regulations
implementing NEPA (40 CFR part
1502.14(c)), the EIS will retain the NoBuild Alternative for detailed study and
serve as a benchmark for comparison
with the Build Alternatives. The NoBuild Alternative reflects future
conditions if the proposed project were
not constructed. Soft protections such as
nature-based solutions, hard protections
such as revetments and seawalls, or a
combination of protections and
elevating the road are short- to mid-term
fixes and would be included in the NoBuild Alternative due to the current
state of the road and chronic impacts
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from coastal hazards. Future conditions
would be based on projections of land
use and development that are likely to
occur 25 years after the project
construction. The EIS will provide a
comparison of project impacts based on
the planning horizon year 2050.
4. Brief Summary of Anticipated
Impacts
Given the scope, scale, and
complexity of improving the resiliency
of a coastal highway, FHWA and HDOT
anticipate that the project will likely
have significant impacts to the local
environment. Agencies, stakeholders,
and the public are invited to comment
on the expected impacts to be analyzed
in the EIS, as well as avoidance,
minimization, and mitigation measures.
The EIS will evaluate the potential
social, economic, and environmental
effects resulting from the
implementation of the Build
Alternatives and the No-Build
Alternative.
Additional areas of investigation for
this project will include, but not be
limited to, consistency with existing
plans and land uses, biological
resources, cultural resources,
archaeological resources, air quality,
noise and vibration impacts, social
impacts such as shoreline access, land
use (residential displacements and local
business impacts), recreational
resources, visual impacts, traffic
impacts, engineering feasibility, project
schedule, and ease of implementation.
The most sensitive resources requiring
evaluation in the project area are likely
to be the following:
• Relocations: The Build Alternatives
may require ROW acquisitions in
partially-developed agricultural
subdivisions and County-owned lands.
The FHWA and HDOT will work closely
with any impacted stakeholders to avoid
full displacement of a home or business.
• Historic Properties: Numerous
archaeological, historical, and cultural
sites are present in the project study
area, including well-known sites such as
the Olowalu Petroglyphs and Kipuka
Olowalu Cultural Reserve. The EIS will
provide a summary discussion of
archaeological, historical, and cultural
resources. Given the prolific pre-contact
settlement in this area, at the request of
the native Hawaiian families, the project
would avoid LCAs whenever possible to
minimize potential impacts to
archaeological and cultural resources.
Other sensitive resources, and technical
reports prepared on these subjects, may
be kept confidential and would not be
reproduced as part of the public
distribution of the EIS.
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• Recreational Resources and section
4(f) of the Department of Transportation
Act: Depending on the alignment, the
Build Alternatives may affect the
publicly owned Ukumehame Firing
Range, a park property protected by
section 4(f) of the Department of
Transportation Act. The FHWA and
HDOT will continue to coordinate with
Maui County Department of Parks and
Recreation to avoid, minimize and/or
mitigate possible impacts to
Ukumehame Firing Range.
• Wetlands and Waters of the U.S.:
According to the U.S. Fish and Wildlife
Service NWI Wetlands Mapper, small
wetlands may exist in the project study
area. Further study is needed to
delineate any Waters of the U.S
including wetlands. Additionally,
bridge crossings would be needed to
carry the highway over Launiupoko,
Olowalu, and Ukumehame Streams, and
other small streams in the project
corridor. As an overall project approach,
bridge structures associated with Build
Alternatives would either avoid
placement of fill within Waters of the
U.S. by spanning the stream or conform
to regional conditions for the U.S. Army
Corps of Engineers (USACE) Clean
Water Act (CWA) section 404
Nationwide Permits. In addition, Build
Alternatives may require dredging or
filling of jurisdictional wetlands or
other Waters of the U.S. which would
also require a section 404 permit from
USACE.
• Important agricultural lands are
present throughout the project study
area, including Agricultural Lands of
Importance to the State of Hawaii
(ALISH) and Federally-defined Prime
and Unique agricultural lands. Potential
impacts to farmlands would be
evaluated according to the Federal
Farmland Protection Policy Act (FPPA).
• Environmental Justice (EJ): In
accordance with E.O. 12898, FHWA
must identify and address
disproportionately high and adverse
impacts to low-income and minority EJ
populations. The Draft EIS will include
information on the location of and
project effects on EJ populations, such
as the communities of Olowalu and
Ukumehame, including the
neighborhood of Kapaiki Place, to
evaluate the potential for adverse
effects. Impacts to EJ communities may
include ROW acquisition for a new
alignment, increases in noise, or other
environmental factors. The FHWA and
HDOT will work closely with the
community to identify and incorporate
measures to avoid adverse effects and if
possible, reduce impacts to any
disproportionately high and adverse
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effects on EJ Population’s health or
environment.
It should be noted that avoiding
impacts on some resources would
require trade-offs with impacts to other
resources. For example, while none of
the alternatives would fully avoid the
SLR–XA, some would do so more than
others. Achieving more avoidance of or
adaptation within the SLR–XA
inundation zone may require more land
acquisitions, use of steep and difficult
terrain, and/or elevating the roadway.
These options would likely increase
environmental impacts and overall
project costs. Similarly, all alternatives
being retained for evaluation in the EIS
would affect some LCAs because
avoiding most or all LCAs would
require a much further mauka route
with significant increase to
environmental impacts and costs or
would result in keeping the highway
essentially unchanged in its current
alignment.
The FHWA and HDOT will produce
a Draft and Final Environmental Impact
Statement (Draft EIS and Final EIS) and
the Record of Decision (ROD). The
FHWA and HDOT plan to identify the
preferred alternative in the Draft EIS.
The Draft EIS will also include
measures to avoid, minimize, or
mitigate any significant adverse
impacts. The NEPA Final EIS and ROD
are anticipated to be combined.
Environmental impact analysis will
not begin until the public comment
period on the NOI has ended. The
identification of impacts may be revised
due to the consideration of public
comments. See the Supplementary NOI
Document for a more detailed
description of the affected environment.
The studies to identify the impacts, as
well as the analyses of impacts from the
retained alternatives, will be presented
in the EIS.
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5. Anticipated Permits and Other
Authorizations
The FHWA and HDOT anticipate that
this Project will require the following
Federal, State, and county approvals,
permits, and authorizations:
Federal
• USACE CWA section 404
• Department of Transportation Act
of 1966, section 4(f) Evaluation
• Federal Emergency Management
Agency (FEMA) Floodplain
Coordination
• Endangered Species Act, section 7
Consultation
• Farmland Protection Policy Act
Farmland Conversion Impact Rating
• Magnuson-Stevens Fishery
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Conservation and Management Act,
Essential Fish Habitat coordination
• National Historic Preservation Act,
section 106 consultation
• Clean Air Act, section 309
State of Hawaii
• Hawaii Revised Statutes (HRS)
Chapter 343 EIS
• Coastal Zone Management Act
(CZMA), Consistency
Determination
• CWA section 401, Water Quality
Certification
• CWA section 402, National
Pollutant Discharge Elimination
System (NPDES) Permit
• HRS Chapter 6E–8, historic
preservation review
• Stream Channel Alteration Permit
(SCAP)
• Conservation District Use Permit
• Americans with Disabilities Act
Accessibility Guidelines
• Community Noise Permit/
Community Noise Variance
County of Maui
• Special Management Area (SMA)
Permit
• Building and Grading permits
6. Schedule for the Decision-Making
Process
The project schedule will be
established as part of the requirements
of the environmental review process
under 23 U.S.C. 139 and will comply
with 40 CFR part 1501.10(b)(2), which
requires environmental review for a 23
U.S.C. 139 ‘‘major project’’ to be
completed within two years (from the
date of publication of the NOI to the
date of issuance of the Record of
Decision [ROD]).
The following is the anticipated
project schedule:
• Initiate early scoping and hold
Town Hall #1—February 2022;
• Develop preliminary project
purpose and need—April 2022;
• Publish Notice of Intent (NOI) and
Environmental Impact Statement
Preparation Notice (EISPN)—November
2022;
• Scoping Meeting (Town Hall #2)—
December 2022;
• Analyze the range of project
alternatives—November 2023;
• Publish NEPA/HEPA Draft EIS with
the preferred alternative identified—
November 2023;
• Public Hearing—December 2023;
• Publish combined NEPA Final EIS
and ROD/HEPA Final EIS—June 2024;
• HEPA Final EIS Governor
Acceptance—July 2024; and
• Complete permits, licenses, or
approvals after the ROD.
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7. A Description of the Public Scoping
Process
The FHWA and HDOT welcome input
on the Purpose and Need of the project;
alternatives for consideration; items for
further study or analysis; and other
aspects of the project to ensure that all
potential issues are identified.
Regulations implementing NEPA, as
well as 23 U.S.C. 139, also call for
agency and public involvement in the
EIS process. To comply with these
regulations, FHWA and HDOT
developed a Coordination Plan for
Public Outreach and Agency
Involvement (Coordination Plan). This
plan articulates the roles and
responsibilities of those agencies invited
to participate as Cooperating or
Participating Agencies in the project
development and review process.
Consistent with the Coordination
Plan, FHWA and HDOT held informal
community town hall meetings on
February 22 and 24, 2022. In addition,
FHWA and HDOT will hold public
scoping meetings and a public hearing
during the NEPA review. The
community will be invited to these
meetings through a combination of
mailout notices and public notices (such
as in the newspaper). Community
meetings will be held at times and
locations convenient to those that work
and live in the corridor. These meetings
may be conducted virtually, in-person,
or a hybrid of both. Language assistance
will be provided upon request and
through advice of local community
leaders.
To assist in determining the scope of
issues to be addressed and identifying
the potential for significant issues
related to the proposed action, the
public will have the opportunity to
submit written comments at the public
scoping meeting and during the 30-day
scoping comment period beginning on
the date of this NOI publication. A Draft
EIS will be developed following the
scoping period and made available for
public and agency review and comment
prior to the Draft EIS Public Hearing.
Information about public meetings is
available on the project website. Please
also refer to the DATES and Schedule for
the Decision–Making Process sections of
this Notice.
8. Contact Information
Please direct comments or questions
concerning this proposed action and the
EIS to the FHWA and HDOT contacts as
specified in the FOR FURTHER
INFORMATION CONTACT section at the
beginning of this notice.
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Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
Authority: 42 U.S.C. 4321 et seq.; 23
U.S.C. 139; 23 CFR part 771.
Richelle Takara,
Division Administrator, Federal Highway
Administration, Honolulu, Hawaii.
[FR Doc. 2022–25368 Filed 11–21–22; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement:
Contra Costa, Alameda, & San Joaquin
Counties, California
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of intent.
AGENCY:
The FHWA, on behalf of the
California Department of Transportation
(Caltrans), is issuing this notice to
advise the public that a Draft
Environmental Impact Statement (Draft
EIS) will be prepared for the proposed
State Route (SR) 239 highway project
(Project) in Contra Costa, Alameda, and
San Joaquin Counties, California.
DATES: This notice will be accompanied
by a 62-day public scoping comment
period from Friday, November 18, 2022,
to January 18, 2023. The deadline for
public comments is 5:00 p.m. (PST) on
Wednesday, January 18, 2023. Because
COVID–19 social distancing advisories
are still in effect, no physical public
meetings will be held during the public
scoping comment period. Instead,
Caltrans will hold an online public
scoping meeting on Tuesday, December
13, 2022 from 5:30 p.m. to 7:00 p.m. The
link to the public scoping meeting will
be posted on the project website at
www.SR239project.net in advance of the
meeting. Additional project information
will also be made available on the
project website throughout the entire
public comment period. The project
website at www.SR239project.net can
also be accessed through the Caltrans
website at https://dot.ca.gov/caltransnear-me/district-4/d4-projects/. Project
materials that will be posted on the
www.SR239project.net website will
include project background, project
schedule, frequently asked questions,
archival information from prior public
outreach presentations, newly
developed narrated presentation slides
about the SR 239 Project’s purpose and
need, the alternatives currently being
considered, the alternatives previously
considered, etc. A poster gallery will
also be available that features project
alternatives and other key project
information.
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SUMMARY:
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The website and scoping meeting will
enable the public to share thoughts on
the project material, the project
alternatives under consideration and
alternatives previously considered but
rejected, and suggest other alternatives.
The public can submit formal scoping
comments through the
www.SR239project.net website via an
electronic comment submission form,
via email at info@SR239project.net, via
the project telephone line at (925) 255–
5466, or via postal mail at the contact
information listed below. Comments
received through these methods will
become part of the public record. In
addition to email notifications, Caltrans
will mail notification postcards via
USPS to the public, based on
information collected from early public
outreach efforts, and to city, county and
state officials with jurisdiction in the
project area. Postcards provide contact
information for requesting information
in alternative formats or alternative
language translation services.
More information can also be found at
the project website at
www.SR239project.net or https://
dot.ca.gov/caltrans-near-me/district-4/
d4-projects/.
FOR FURTHER INFORMATION CONTACT:
Caltrans District 4, P.O. Box 23660, MS–
8B, Oakland, CA 94623–0660, ATTN:
Lily Mu, Environmental Scientist.
SUPPLEMENTARY INFORMATION: Effective
July 1, 2007, the Federal Highway
Administration (FHWA) assigned, and
the California Department of
Transportation (Caltrans) assumed,
environmental responsibilities for this
project pursuant to 23 U.S.C. 327.
Caltrans as the assigned National
Environmental Policy Act (NEPA)
agency, and in partnership with the
Contra Costa Transportation Authority
(CCTA) as the project sponsor, will
prepare a Draft EIS on a proposal for
construction of a new highway, SR 239,
in Contra Costa, Alameda, and San
Joaquin Counties, California. The
project limits extend from SR 4 near
Marsh Creek Road in eastern Contra
Costa County to Interstate 580 in
Alameda County or to Interstate 205 in
San Joaquin County. This new route is
needed to ultimately improve the
transportation network for an area that
has few north-south roadway
connections between eastern Contra
County and the western San Joaquin
Valley. The SR 239 Project is
particularly important as it would
provide relief from increasing commute
traffic through the town of Byron,
enhance mobility in eastern Contra
Costa County, and improve access to the
Byron Airport. Caltrans and CCTA are
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Fmt 4703
Sfmt 4703
71397
also considering multimodal
alternatives for the State Route 239
Project, such as transit and active
transportation improvements. Project
objectives include: improving access
and mobility between eastern Contra
Costa County and western San Joaquin
County, supporting inter-regional northsouth goods movement operations,
reducing regional/non-local traffic
through the Town of Byron, improving
access to Byron Airport to support
planned development and as an
emergency logistics hub, providing
improvements for regional and
sustainable alternative modes of travel,
and providing an enhanced evacuation
route in the event of major disasters.
Caltrans and CCTA are evaluating the
overall State Route 239 corridor at both
a Tier I (program) level and a Tier II
(project) level. The Tier I programmaticlevel study will evaluate and analyze
alternatives that cover the entire SR 239
corridor and will consist of a broad and
general assessment used to establish and
consider the types of environmental
impacts that could occur as a result of
the ultimate construction and operation
of the entire project. Caltrans and CCTA
are also evaluating an initial phase of
the State 239 Project at a Tier II projectlevel of evaluation. The Tier II
evaluation will consist of a detailed,
site-specific analysis that allows for
project approval, design and
construction of the initial phase.
Currently, the range of alternatives
being considered include either taking
no action on the proposed new SR 239
(No-Build Alternative) or proceeding
with one of two potential build
alternatives for the Tier I corridor.
Alternative A would be a four-lane
highway with an alignment generally
east of the Byron Airport that proceeds
southward and towards the west of
Mountain House that then connects to
the I–580/I–205 interchange. Alternative
B would be a four-lane highway with an
alignment east of the Byron Airport that
would become parallel to and west of
Byron Highway before joining Byron
Road and connecting to I–205 west of
Tracy. With respect to Tier II, this initial
phase is proposed to be a two-lane
facility (one lane in each direction)
between State Route 4 near Marsh Creek
Road and the Byron Airport. This initial
phase would constitute an initial
fundable and operable project segment
to connect Vasco Road and Byron
Highway and would be common to both
build alternatives.
The Tier I (program) and Tier II
(project) evaluations will be included in
a single combined document, a Tier I/
Tier II EIR/EIS, consistent with the
requirements of CEQA and NEPA. Later
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Agencies
[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71392-71397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25368]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement; Maui, Hawaii
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice of intent to prepare an environmental impact statement.
-----------------------------------------------------------------------
SUMMARY: The FHWA, in coordination with the Hawaii Department of
Transportation (HDOT), is issuing this notice to invite comment and
advise the public that an Environmental Impact Statement (EIS) will be
prepared to study potential improvements to the Honoapiilani Highway
(State Route No. 30) between Ukumehame and Launiupoko in West Maui.
Improvements are needed to provide a reliable transportation facility
that would not be inundated by the predicted 3.2-foot sea level rise
and undermined by coastal erosion. The FHWA, as the Federal lead
agency, and HDOT as the project sponsor and joint lead agency, will
prepare an EIS for the Honoapiilani Highway Improvements Project,
Ukumehame to Launiupoko, covering the 6-mile segment between
[[Page 71393]]
milepost 11 in the vicinity of Papalaua Wayside Park in Ukumehame
(southeastern terminus) and milepost 17 in Launiupoko, where
Honoapiilani Highway currently connects with the existing southern
terminus of the Lahaina Bypass (northwestern terminus of the project).
DATES: Comments must be received by December 31, 2022. Written comments
received by the submittal deadline will be published in the Draft EIS.
Public meetings will be held on December 14, 2022, and December 15,
2022. Meetings will be virtual and/or in-person. Please refer to the
project website for meeting information. For public scoping information
and requests, including special assistance requirements to participate
fully in the meeting, please contact HDOT using the contact information
in the FOR FURTHER INFORMATION CONTACT section below by December 7,
2022.
FOR FURTHER INFORMATION CONTACT: This NOI and Supplementary NOI
Document are available on the project website:
www.HonoapiilaniHwyImprovements.com.
Please refer to the website for the latest information about public
meetings and to submit written comments and questions on the project's
preliminary Purpose and Need, scope, design alternatives, and other
details pertinent to the EIS, as described in this NOI.
In addition, comments and questions may also be submitted via the
following methods:
Mail: Federal Highway Administration, Hawaii Division Attention:
Richelle Takara, Division Administrator Box 50206, 300 Ala Moana Blvd.,
Room 3-229 Honolulu, HI 96850. Email: [email protected],
Telephone: (808) 541-2700.
Mail: Hawaii Department of Transportation, Highways Division
Attention: Genevieve Sullivan 869 Punchbowl Street, Room 301 Honolulu,
HI 96813. Email: [email protected], Telephone: (808) 587-
1834.
Comments may also be offered during the public scoping meetings.
Interested persons may request to be added to the project mailing list
to receive notices of future project information. The Project website
has a link to join the mailing list.
SUPPLEMENTARY INFORMATION:
The purpose of this Notice of Intent (NOI) is to:
1. Alert interested parties regarding the plan to prepare the EIS;
2. Provide information on the nature of the proposed project;
3. Invite participation in the EIS process, including comments on
the Purpose and Need for the project and the scope of the EIS proposed
in this notice; and
4. Announce public scoping meetings.
As public involvement is crucial to the success of transportation
projects, the FHWA and HDOT will consider all comments received in
response to this notice and make revisions as appropriate. The EIS will
be prepared in accordance with the requirements of the National
Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321, et
seq.), 23 U.S.C. 139 regarding efficient environmental reviews for
project decision making and One Federal Decision, CEQ regulations
implementing NEPA (40 CFR parts 1500-1508), FHWA regulations
implementing NEPA (23 CFR part 771), and all applicable Federal, State,
and local laws and regulations.
1. Project History
On June 7, 2007, FHWA published a NOI for an EIS in the Federal
Register (72 FR 31649) to realign Honoapiilani Highway in West Maui.
Project objectives for that proposal, involving a longer 11-mile
segment of Honoapiilani Highway, were to increase roadway capacity,
safety, and reliability. In addition, the previous Federally funded
proposal sought to address the eroding shoreline between Maalaea on the
southern end of West Maui and Launiupoko. However, the EIS was never
completed, and FHWA rescinded the NOI on June 5, 2020 (85 FR 34712),
citing the difficult terrain and the estimated high project
construction cost.
In contrast with that rescinded project, HDOT's current proposal is
a more focused project to address a shorter, 6-mile segment of the
highway, which does not include the areas of steep terrain that
previously proved to be cost prohibitive. The currently proposed
project has been awarded a United States Department of Transportation
(U.S. DOT) Rebuilding American Infrastructure with Sustainability and
Equity (RAISE) Grant to assist with funding. The RAISE Grant funding
does not predetermine the alternative selection.
In addition to the standard cardinal direction terms north, south,
east, and west, this NOI uses common local naming conventions such as
mauka/makai (towards the mountains/ocean) which correspond to generally
easterly/westerly directions in this project area, the pali (cliff, but
also refers to a specific place of steep topography south of the
project area), and West Maui place names, such as Lahaina (a town to
the north of the project area). Additional project background, maps,
and information to support the following NOI sections are provided in
the Supplementary NOI Document.
2. Preliminary Purpose and Need
Public input received prior to developing this NOI supports the
primary purpose of this project, which is to provide a reliable
transportation facility in West Maui and improve Honoapiilani Highway's
resilience by reducing the highway's vulnerability to coastal hazards.
Specifically, the project is intended to address existing coastal
erosion and flooding, as well as future coastal erosion and flooding
caused by anticipated sea level rise, as delineated by the Hawaii
Climate Change Mitigation and Adaptation Commission (HCCC)'s Sea Level
Rise Exposure Area (SLR-XA), along the stretch of highway from
Ukumehame to Launiupoko, approximately milepost 11 to milepost 17.
Areas within the SLR-XA boundary, including Honoapiilani Highway, are
considered exposed and potentially vulnerable to sea level rise. The
3.2-foot SLR-XA encroaches on roughly four (4) miles out of the six (6)
miles of the existing highway in the project area. Therefore, the
primary purpose of the project is to reduce the highway's exposure to
the SLR-XA, where feasible. Secondary objectives include: (1) Provide
Regional Transportation System Linkages that Support the Safe Movement
of People and Goods, and (2) Conform with Regional Land Use and
Transportation Plans. The project preliminary Purpose and Need, along
with secondary objectives, and the range of reasonable alternatives may
be modified, based on public input and interagency coordination during
the NEPA review.
Highway service disruptions are expected to increase as the
frequency and magnitude of flood occurrences are exacerbated by climate
change and sea level rise. HCCC's SLR-XA boundary delineates the
statewide footprint where passive flooding, annual high wave flooding,
and coastal erosion has been modeled for the 0.5-foot, 1.1-foot, 2.0-
foot, and 3.2-foot sea level rise (SLR) scenarios for the year 2100.
Any references to the SLR-XA boundary throughout project documentation
assumes the 3.2-foot SLR scenario unless otherwise noted. Areas and
assets, including Honoapiilani Highway, within the SLR-XA boundary are
considered exposed and potentially vulnerable to SLR. Therefore, the
primary purpose of the project is to avoid the SLR-XA where feasible.
The FHWA and HDOT will determine feasibility by considering basic
design and engineering limitations as described
[[Page 71394]]
in the Alternatives Screening Criteria section of the Supplementary NOI
Document. Where highway improvements cannot be conducted entirely
beyond the SLR-XA, HDOT may seek design solutions to elevate the
highway by a height to be determined by technical evaluations conducted
as part of this NEPA review.
Although we know that Honoapiilani Highway is vulnerable to
flooding and coastal erosion, there may be other reasons to improve
road conditions. Agencies and the public are invited to comment on the
Purpose and Need. The FHWA and HDOT will finalize the Purpose and Need
after the public scoping review period is complete. The Draft EIS will
present supporting documentation for the finalized Purpose and Need.
Please see the scoping comment period deadline in the DATES section of
this NOI.
3. Preliminary Description of Project Alternatives
The proposed action is anticipated to include improvements to
Honoapiilani Highway for six (6) miles from Papalaua Wayside Park in
Ukumehame to the Lahaina Bypass in Launiupoko. Alternatives include the
No-Build Alternative and multiple Build Alternatives. The Supplementary
NOI Document describes alternatives screening or evaluation criteria,
which will be used to filter and prioritize a reasonable number of
Build Alternatives to analyze in the Draft EIS. Agencies and the public
are invited to comment on the project alternatives and screening
criteria. The FHWA and HDOT may modify project alternatives and
screening or evaluation criteria based on public scoping input received
during the comment period associated with this notice. See below for
the range of alternatives currently under consideration.
Build Alternatives
The proposed Build Alternatives are based on alternatives that were
proposed in the Maui County 2005 Pali to Puamana Parkway Master Plan,
which examined possible realignments of Honoapiilani Highway between
Ukumehame and Launiupoko. Early scoping meetings and exchanges
conducted in the first half of 2022 with Native Hawaiian descendants of
Olowalu, Ukumehame, and Lahaina, as well as developers and landowners,
and Maui County staff have yielded input critical to refining these
alternatives. Adjustments were made with specific consideration for
natural resources (water, wetlands, terrain) and the human environment
(land use, ownership, cultural and archaeological resources). Build
Alternatives 1 through 4 are presented below. The Supplementary NOI
Document contains maps and additional information on the alternatives.
For portions of alignments that remain within the SLR-XA boundary, the
FHWA and HDOT will conduct additional evaluations to determine the
depths of inundation at those locations and appropriate design
solutions, such as whether the road should be elevated.
The Supplementary NOI Document also describes other alternatives
that were previously considered but have not been retained for
consideration in the EIS either because they do not meet the
preliminary Purpose and Need or they had been eliminated due to
technical challenges, such as drilling a tunnel through the pali
(cliff) or constructing an ocean causeway.
Build Alternative 1
Build Alternative 1 was adapted from the Maui County Pali to
Puamana Parkway 2005 coastal or makai concept. A key element of this
alternative is to maximize use of the existing Honoapiilani Highway
right-of-way (ROW), particularly through Launiupoko and a portion of
Olowalu. The Olowalu section of this Alternative was modified to move
the Highway further inland near Kapaiki Place neighborhood on Olowalu
Village Road (shown on Figure 1) to avoid cultural resources based on
recommendations from the community during early scoping meetings. As
the alignment proceeds toward Ukumehame Stream, it stays primarily
within County and State-owned properties. At Ukumehame Stream, the
alignment returns closer to the existing highway to minimize potential
impacts to land uses, which may be considered cultural practices,
occurring on a property identified as a Land Commission Award (LCA) at
the makai end of Ukumehame Stream. At the Ukumehame Firing Range, this
alternative crosses through the SLR-XA, but avoids a sediment basin,
which the U.S. Fish and Wildlife Service's National Wetlands Inventory
Mapper (NWI) identifies as a potential wetland area, mauka of the
existing Honoapiilani Highway. Alternative 1 would avoid approximately
84 percent of the SLR-XA encroachment area on the existing highway.
Roughly 0.6 mile (about 3,330 feet) of this alignment would remain
inside the SLR-XA.
Build Alternative 2
Build Alternative 2 was adapted from the Maui County Pali to
Puamana Parkway 2005 ``middle'' concept. In Launiupoko, this alignment
would remain close to the existing Honoapiilani Highway. As this
alignment crosses Olowalu, it would require the acquisition of private
property, including a number of LCA lands in Olowalu. However, the
Alternative would avoid the Kapaiki Place residential neighborhood. In
Ukumehame, this alignment follows a more makai route to maximize use of
County and State-owned property like Alternative 1 and stays closer to
the existing Honoapiilani Highway, thereby avoiding impacts to the LCA
at the makai end of Ukumehame Stream. Unlike Alternative 1, this
alignment would not avoid the SLR-XA at Ukumehame Stream, because it
seeks to keep as close to the existing Honoapiilani Highway as
possible. This alignment would remain in the SLR-XA until it reaches
the sediment basin below Ukumehame Firing Range. This sediment basin
contains an area identified by the U.S. Fish and Wildlife Service's NWI
as a potential wetland area.
Alternative 2 traverses the makai side of the sediment basin
roughly following the mauka edge of the SLR-XA. As a result, this
alignment does not avoid as much of the SLR-XA as Alternative 1.
Alternative 2 would avoid approximately 71 percent of the SLR-XA on the
existing highway. Roughly 1.1 miles (about 6,000 feet) of this
alignment would remain inside the SLR-XA.
Build Alternative 3
Build Alternative 3 was adapted from the Maui County Pali to
Puamana Parkway 2005 ``mauka'' concept. It is identical to Alternative
2, except in Olowalu where the alignment is further inland or mauka. At
Olowalu, adjustments were made to this alignment to avoid affecting
properties with permitted building plans that are near to beginning
construction and to be more cohesive with the private subdivision's
greenway and existing roadway and utility easements. Preliminary
engineering investigations and comments from early scoping suggest that
the terrain underlying Alternative 3 may be more variable and
challenging than Alternative 2. The alignment would also require
acquisition of private property and avoid the Kapaiki Place residential
neighborhood. Alternative 3 would avoid approximately 71 percent of the
SLR-XA on the existing highway, similar to Alternative 2. Roughly 1.1
miles (about 6,000 feet) of this alignment would remain inside the SLR-
XA.
[[Page 71395]]
Build Alternative 4
Build Alternative 4 was also adapted from the Maui County Pali to
Puamana Parkway 2005 mauka concept. The alignment for Alternative 4 was
selected to realign the highway as much as possible away from the SLR-
XA, without as much consideration for property ownership as other Build
Alternatives. The route through Olowalu town that distinguishes this
alignment is based on preliminary landowner input provided in 2007.
This alignment was further adjusted in 2022 to minimize the creation of
remnant parcels by following proposed roads and property boundaries
where possible. In doing so, it provides opportunities for multimodal
connectivity between the private subdivision's greenway and the
realigned highway. In Olowalu, Alternative 4 avoids the Kapaiki Place
neighborhood but comes close to the Kipuka Olowalu Cultural Reserve,
the site of the Olowalu Petroglyphs. Alternative 4 proposes to span a
No Build Archaeological Buffer along Ukumehame Stream with a bridge, to
avoid impacts to this archaeological preservation area that was
established as part of the Ukumehame Subdivision project, according to
a 2005 Final Environmental Assessment.
While other alternatives turn makai at Mopua (a locale at the
southeastern end of Olowalu), only Alternative 4 continues mauka to
realign the highway as much as possible away from the SLR-XA. It
proceeds toward the Ukumehame Firing Range through private property and
passes through the sediment basin before connecting back to the
existing highway. Alternative 4 would avoid roughly 92 percent of the
SLR-XA on the existing highway, avoiding the SLR-XA the most of all
Build Alternatives. Roughly 0.3 mile (about 1,600 feet) of this
alignment would remain inside the SLR-XA.
No-Build Alternative
In accordance with the Council on Environmental Quality's
regulations implementing NEPA (40 CFR part 1502.14(c)), the EIS will
retain the No-Build Alternative for detailed study and serve as a
benchmark for comparison with the Build Alternatives. The No-Build
Alternative reflects future conditions if the proposed project were not
constructed. Soft protections such as nature-based solutions, hard
protections such as revetments and seawalls, or a combination of
protections and elevating the road are short- to mid-term fixes and
would be included in the No-Build Alternative due to the current state
of the road and chronic impacts from coastal hazards. Future conditions
would be based on projections of land use and development that are
likely to occur 25 years after the project construction. The EIS will
provide a comparison of project impacts based on the planning horizon
year 2050.
4. Brief Summary of Anticipated Impacts
Given the scope, scale, and complexity of improving the resiliency
of a coastal highway, FHWA and HDOT anticipate that the project will
likely have significant impacts to the local environment. Agencies,
stakeholders, and the public are invited to comment on the expected
impacts to be analyzed in the EIS, as well as avoidance, minimization,
and mitigation measures. The EIS will evaluate the potential social,
economic, and environmental effects resulting from the implementation
of the Build Alternatives and the No-Build Alternative.
Additional areas of investigation for this project will include,
but not be limited to, consistency with existing plans and land uses,
biological resources, cultural resources, archaeological resources, air
quality, noise and vibration impacts, social impacts such as shoreline
access, land use (residential displacements and local business
impacts), recreational resources, visual impacts, traffic impacts,
engineering feasibility, project schedule, and ease of implementation.
The most sensitive resources requiring evaluation in the project area
are likely to be the following:
Relocations: The Build Alternatives may require ROW
acquisitions in partially-developed agricultural subdivisions and
County-owned lands. The FHWA and HDOT will work closely with any
impacted stakeholders to avoid full displacement of a home or business.
Historic Properties: Numerous archaeological, historical,
and cultural sites are present in the project study area, including
well-known sites such as the Olowalu Petroglyphs and Kipuka Olowalu
Cultural Reserve. The EIS will provide a summary discussion of
archaeological, historical, and cultural resources. Given the prolific
pre-contact settlement in this area, at the request of the native
Hawaiian families, the project would avoid LCAs whenever possible to
minimize potential impacts to archaeological and cultural resources.
Other sensitive resources, and technical reports prepared on these
subjects, may be kept confidential and would not be reproduced as part
of the public distribution of the EIS.
Recreational Resources and section 4(f) of the Department
of Transportation Act: Depending on the alignment, the Build
Alternatives may affect the publicly owned Ukumehame Firing Range, a
park property protected by section 4(f) of the Department of
Transportation Act. The FHWA and HDOT will continue to coordinate with
Maui County Department of Parks and Recreation to avoid, minimize and/
or mitigate possible impacts to Ukumehame Firing Range.
Wetlands and Waters of the U.S.: According to the U.S.
Fish and Wildlife Service NWI Wetlands Mapper, small wetlands may exist
in the project study area. Further study is needed to delineate any
Waters of the U.S including wetlands. Additionally, bridge crossings
would be needed to carry the highway over Launiupoko, Olowalu, and
Ukumehame Streams, and other small streams in the project corridor. As
an overall project approach, bridge structures associated with Build
Alternatives would either avoid placement of fill within Waters of the
U.S. by spanning the stream or conform to regional conditions for the
U.S. Army Corps of Engineers (USACE) Clean Water Act (CWA) section 404
Nationwide Permits. In addition, Build Alternatives may require
dredging or filling of jurisdictional wetlands or other Waters of the
U.S. which would also require a section 404 permit from USACE.
Important agricultural lands are present throughout the
project study area, including Agricultural Lands of Importance to the
State of Hawaii (ALISH) and Federally-defined Prime and Unique
agricultural lands. Potential impacts to farmlands would be evaluated
according to the Federal Farmland Protection Policy Act (FPPA).
Environmental Justice (EJ): In accordance with E.O. 12898,
FHWA must identify and address disproportionately high and adverse
impacts to low-income and minority EJ populations. The Draft EIS will
include information on the location of and project effects on EJ
populations, such as the communities of Olowalu and Ukumehame,
including the neighborhood of Kapaiki Place, to evaluate the potential
for adverse effects. Impacts to EJ communities may include ROW
acquisition for a new alignment, increases in noise, or other
environmental factors. The FHWA and HDOT will work closely with the
community to identify and incorporate measures to avoid adverse effects
and if possible, reduce impacts to any disproportionately high and
adverse
[[Page 71396]]
effects on EJ Population's health or environment.
It should be noted that avoiding impacts on some resources would
require trade-offs with impacts to other resources. For example, while
none of the alternatives would fully avoid the SLR-XA, some would do so
more than others. Achieving more avoidance of or adaptation within the
SLR-XA inundation zone may require more land acquisitions, use of steep
and difficult terrain, and/or elevating the roadway. These options
would likely increase environmental impacts and overall project costs.
Similarly, all alternatives being retained for evaluation in the EIS
would affect some LCAs because avoiding most or all LCAs would require
a much further mauka route with significant increase to environmental
impacts and costs or would result in keeping the highway essentially
unchanged in its current alignment.
The FHWA and HDOT will produce a Draft and Final Environmental
Impact Statement (Draft EIS and Final EIS) and the Record of Decision
(ROD). The FHWA and HDOT plan to identify the preferred alternative in
the Draft EIS. The Draft EIS will also include measures to avoid,
minimize, or mitigate any significant adverse impacts. The NEPA Final
EIS and ROD are anticipated to be combined.
Environmental impact analysis will not begin until the public
comment period on the NOI has ended. The identification of impacts may
be revised due to the consideration of public comments. See the
Supplementary NOI Document for a more detailed description of the
affected environment. The studies to identify the impacts, as well as
the analyses of impacts from the retained alternatives, will be
presented in the EIS.
5. Anticipated Permits and Other Authorizations
The FHWA and HDOT anticipate that this Project will require the
following Federal, State, and county approvals, permits, and
authorizations:
Federal
USACE CWA section 404
Department of Transportation Act of 1966, section 4(f)
Evaluation
Federal Emergency Management Agency (FEMA) Floodplain
Coordination
Endangered Species Act, section 7 Consultation
Farmland Protection Policy Act Farmland Conversion Impact
Rating
Magnuson-Stevens Fishery Conservation and Management Act,
Essential Fish Habitat coordination
National Historic Preservation Act, section 106
consultation
Clean Air Act, section 309
State of Hawaii
Hawaii Revised Statutes (HRS) Chapter 343 EIS
Coastal Zone Management Act (CZMA), Consistency
Determination
CWA section 401, Water Quality Certification
CWA section 402, National Pollutant Discharge Elimination
System (NPDES) Permit
HRS Chapter 6E-8, historic preservation review
Stream Channel Alteration Permit (SCAP)
Conservation District Use Permit
Americans with Disabilities Act Accessibility Guidelines
Community Noise Permit/Community Noise Variance
County of Maui
Special Management Area (SMA) Permit
Building and Grading permits
6. Schedule for the Decision-Making Process
The project schedule will be established as part of the
requirements of the environmental review process under 23 U.S.C. 139
and will comply with 40 CFR part 1501.10(b)(2), which requires
environmental review for a 23 U.S.C. 139 ``major project'' to be
completed within two years (from the date of publication of the NOI to
the date of issuance of the Record of Decision [ROD]).
The following is the anticipated project schedule:
Initiate early scoping and hold Town Hall #1--February
2022;
Develop preliminary project purpose and need--April 2022;
Publish Notice of Intent (NOI) and Environmental Impact
Statement Preparation Notice (EISPN)--November 2022;
Scoping Meeting (Town Hall #2)--December 2022;
Analyze the range of project alternatives--November 2023;
Publish NEPA/HEPA Draft EIS with the preferred alternative
identified--November 2023;
Public Hearing--December 2023;
Publish combined NEPA Final EIS and ROD/HEPA Final EIS--
June 2024;
HEPA Final EIS Governor Acceptance--July 2024; and
Complete permits, licenses, or approvals after the ROD.
7. A Description of the Public Scoping Process
The FHWA and HDOT welcome input on the Purpose and Need of the
project; alternatives for consideration; items for further study or
analysis; and other aspects of the project to ensure that all potential
issues are identified. Regulations implementing NEPA, as well as 23
U.S.C. 139, also call for agency and public involvement in the EIS
process. To comply with these regulations, FHWA and HDOT developed a
Coordination Plan for Public Outreach and Agency Involvement
(Coordination Plan). This plan articulates the roles and
responsibilities of those agencies invited to participate as
Cooperating or Participating Agencies in the project development and
review process.
Consistent with the Coordination Plan, FHWA and HDOT held informal
community town hall meetings on February 22 and 24, 2022. In addition,
FHWA and HDOT will hold public scoping meetings and a public hearing
during the NEPA review. The community will be invited to these meetings
through a combination of mailout notices and public notices (such as in
the newspaper). Community meetings will be held at times and locations
convenient to those that work and live in the corridor. These meetings
may be conducted virtually, in-person, or a hybrid of both. Language
assistance will be provided upon request and through advice of local
community leaders.
To assist in determining the scope of issues to be addressed and
identifying the potential for significant issues related to the
proposed action, the public will have the opportunity to submit written
comments at the public scoping meeting and during the 30-day scoping
comment period beginning on the date of this NOI publication. A Draft
EIS will be developed following the scoping period and made available
for public and agency review and comment prior to the Draft EIS Public
Hearing.
Information about public meetings is available on the project
website. Please also refer to the DATES and Schedule for the Decision-
Making Process sections of this Notice.
8. Contact Information
Please direct comments or questions concerning this proposed action
and the EIS to the FHWA and HDOT contacts as specified in the FOR
FURTHER INFORMATION CONTACT section at the beginning of this notice.
[[Page 71397]]
Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 139; 23 CFR part 771.
Richelle Takara,
Division Administrator, Federal Highway Administration, Honolulu,
Hawaii.
[FR Doc. 2022-25368 Filed 11-21-22; 8:45 am]
BILLING CODE 4910-22-P