The Garden Island
Notice #: 0001055631-01
Public Notices

NOTICE OF PROPOSED SECTION 401 WATER QUALITY CERTIFICATION BY THE HAWAII STATE DEPARTMENT OF HEALTH WQC File No. WQC0931 DOCKET NO. WQC0931 December 14, 2017 The Hawaii State Department of Health (DOH) proposes to issue a Section 401 Water Quality Certification (WQC), which includes conditions and requirements, to Kuu Makana at Diamond Head (KMDH) for the application of the Department of the Army (DA) permit under DA File No. POH-2017-00153 to be issued under the authorization of Section 10 of the Rivers and Harbors Act of 1899 (RHA, 33 U.S.C. 403) for the "Kuu Makana Seawall Repairs" project. The owner information is as follows: Owner: Kuu Makana at Diamond Head 3165 Diamond Head Road Honolulu, Hawaii 96815 Contact: Mr. James Growney Phone: (808) 722-5552 KMDH is proposing repairs to the seawall fronting the Kuu Makana at Diamond Head condominiums at 3165 Diamond Head Road. The proposed repairs will involve filling voids beneath the existing seawall to provide bearing support, and repairing deteriorated mortar between the cut stones. This is repair work and will be limited to like-to-like repairs and minor reinforcement of the existing structure. The proposed repairs shall consist of placement of approximately 120 cubic feet of tremie concrete to fill the void spaces along the west end of the wall, and repointing approximately 17 cubic feet of deteriorated mortar between the existing cut stones along the seaward face of the wall. Specific project activities, water pollution control measures, and water quality monitoring plans are in the September 7, 2017 Section 401 Application and its Attachments. The September 7, 2017 Section 401 Application and Attachments may be viewed using the Water Pollution Control (WPC) viewer located at: Best Management Practices (BMPs) measures are proposed to ensure that the proposed construction activities associated with this project will not adversely impact the water quality of the Pacific Ocean at or near 21°15.403′ N latitude and 157°48.961′ W longitude. An Applicable Monitoring and Assessment Plan (AMAP) is also prepared to verify/ensure the adequacy of the BMPs measures implemented. The receiving State water, as identified in the application, is the Pacific Ocean at 21°15.403′ N latitude and 157°48.961′ W longitude (waters around Diamond Head) which is located on the Island of Oahu and is classified by the DOH as a "Class AA, Open Coastal." The waterbody is listed in the "2014 STATE OF HAWAII WATER QUALITY MONITORING AND ASSESSMENT REPORT" as a water quality-limited segment under CWA, Subsection 303(d) and is not assigned a priority in implementing Total Maximum Daily Load (TMDL). Based on an evaluation of the Section 401 WQC Application, the supporting information, which are relevant to water quality considerations, and when all requirements and conditions contained in this proposed Section 401 WQC are fully complied with, there is reasonable assurance that the discharges resulting from the proposed construction activities will be conducted in a manner which will not violate the applicable water quality standards (WQS) and will comply with the applicable provisions of CWA, Sections 301, 302, 303, 306, and 307. The proposed Section 401 WQC shall become effective on the issuance date of the Section 401 WQC. This Section 401 WQC shall expire one (1) year from the issuance date of the Section 401 WQC, or the Total Maximum Daily Load (TMDL) implementation Plan for the Pacific Ocean at Diamond Head is established by the DOH and approved by the U.S. Environmental Protection Agency (EPA), or until the applicable WQS are revised or modified, or DA permit (File No. POH-2017-00153) is modified, revoked, suspended, or expired, or when the project related construction activities are completed, whichever is earlier. If the applicable WQS is revised or modified, before the proposed expiration date, and such that the activity complies with the revisions or modifications to the WQS, or the discharge activity complies with the TMDL implementation requirements established by the DOH and approved by the EPA, this Section 401 WQC shall continue to be valid until it expires. Persons wishing to comment upon or object to the proposed determinations or request a public hearing should submit their comments or request in writing no later than 30 calendar days after the date of this notice, either through E-mail at or by mail at: Clean Water Branch, 2827 Waimano Home Road, Pearl City, Hawaii, 96782. Copies of the proposed Section 401 WQC and other information on file are available for public inspection, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the DOH office address shown above and on the WPC Viewer located at: Copies may be bought. The proposed Section 401 WQC also available on the Internet at: and on the WPC Viewer located at: For more information or if you have special needs due to disability that will aid you in inspecting and/or commenting on the public notice permit and related information, please contact Mr. Darryl Lum, Supervisor of the Engineering Section, at the above address or (808) 586-4309 (Voice) at least seven (7) calendar days before the comment deadline. For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1-711 or 1-877-447-5990. All written comments and requests received on time will be considered. If the DOH determines that there is significant public interest, a public hearing may be held after at least 30 calendar days of public notice. If the DOH’s position is substantially unchanged, after considering all timely written comments and all oral comments at any public hearing that may be held, the DOH will issue or deny the Section 401 WQC, as appropriate, and this action will be final. Please notify anyone you know who would be interested in this matter. VIRGINIA PRESSLER, M.D. Director of Health (SA1055631 12/14/17)