Environmental Impact Statement; Maui, Hawaii, 71392-71397 [2022-25368]

Download as PDF 71392 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. khammond on DSKJM1Z7X2PROD with NOTICES 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: VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 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 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 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: E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 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 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 71393 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 E:\FR\FM\22NON1.SGM 22NON1 khammond on DSKJM1Z7X2PROD with NOTICES 71394 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices 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, VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 Build Alternative 2 Build Alternative 2 was adapted from the Maui County Pali to Puamana Parkway 2005 ‘‘middle’’ concept. In PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 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. E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 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. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 71395 • 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 E:\FR\FM\22NON1.SGM 22NON1 71396 Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 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. PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 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. E:\FR\FM\22NON1.SGM 22NON1 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. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:48 Nov 21, 2022 Jkt 259001 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 PO 00000 Frm 00108 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 E:\FR\FM\22NON1.SGM 22NON1

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]


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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.

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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


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