The Garden Island
Notice #: 0001326512-01
Legal Notices

NOTICE OF APPLICATION FOR VARIANCE
RECEIVED BY THE
DEPARTMENT OF HEALTH
STATE OF HAWAII

Community Noise Control
Variance Application No. V-1212
(Docket No. 21-NR-VN-09)

Pursuant to Chapter 342F-5, subsection (h), Hawaii Revised Statutes, the Department seeks written comments from interested persons regarding the following variance application:

Y. Ebisu & Associates, on behalf of the State of Hawaii Department of Transportation, Highways Division, 601 Kamokila Blvd. Room 602, Kapolei, Hawaii 96707, has applied to the Department of Health for a variance from Hawaii Administrative Rules, Chapter 11-46, Section 11-46-6(a), which states, “General Prohibition. Without a permit or variance issued pursuant to section 11-46-7 or 11-46-8, no person within the State shall operate, from any premises or land owned, rented, leased, occupied, or controlled by that person, any excessive noise source.”

A highway construction project is required to install conduits and fiber optic cables, across the Farrington Highway overpass at Waiawa Interchange and at Keehi Interchange from Ahua Street to the intersection of Middle Street and Dillingham Boulevard. The project will install fiber optic cables in existing conduits on the Makai side of H-1 from Aala Street to Pali Highway during the nighttime and early morning hours on weekdays. Because the work will require the closure of freeway traffic lanes and result in disruption of traffic, an Application for a Community Noise Variance has been submitted to the Department of Health to perform construction work during the nighttime and early morning hours when traffic volumes are lower.

Due to the need for lane closures to complete these projects, construction related activities are required during the following times when lane closures are possible without causing severe traffic congestion:

From 8:00 p.m. to Midnight, on Mondays through Thursdays; and from Midnight to 4:00 am, on Tuesdays through Fridays, including holidays at the Farrington Highway overpass at Waiawa Interchange.

From 7:00 p.m. to Midnight, on Mondays through Thursdays; and from Midnight to 4:00 am, on Tuesdays through Fridays, including holidays at the Keehi Interchange from Ahua Street to the intersection of Middle Street and Dillingham Boulevard.

From 8:00 p.m. to Midnight, on Mondays through Thursdays; and from Midnight to 4:00 am, on Tuesdays through Fridays, including holidays along H-1 from Aala Street to Pali Highway.

The Department of Health will retain and consider all written comments received not later than thirty (30) days after the date of this notice. If the comments received warrant it, the Department may hold a public hearing, after at least thirty (30) days public notice, on the variance application. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any.

Written comments and requests for information or inspection of the variance application and related documents should be directed to: Indoor and Radiological Health Branch, 99-945 Halawa Valley Street, Aiea, Hawaii 96701, telephone 586-4700.
(SA1326512 5/10/21)