[From the U.S. Government Printing Office, www.gpo.gov]










                                              Evaluation of the
                                              Monitoring &
                                              Enforcement Program


                                              Hawaii Coastal Zone Management
                                              Program, Office of State Planning
                                              Honolulu, Hawaii



                                              June 30, 1990










                                              .Eugene 'AP. Dashied
                                                                   A I C P
                                              PLANNINC-1 SERVI 12" E S

                                              Land Use, Matine & Tiater Resource Plans
                                              Environmental -Impact Statements

                                              Hor,.617alu, Hawaii









                  Hawaii Coastal Zone Management Program
              C-@valuation of the Monitoring and Enforcement
                                     Program



                                     Prepared for:

                         Hawaii Coastal Zone Management Program
                                 Office of State Planning
                                    State of Hawaii



                                     Prepared by:

                                Eugene P. Dashiell, AICP
                                   Planning Services
                               330 Coral Street, Suite 202
                              Honolulu, Hawaii 96813-5544
                              Phone and Fax (808) 537-9717


                                    Subcontractors:


                               Community Resources, Inc.
                                   Robert Stanfield
                              1088 Bishop Street, Suite 1102
                                Honolulu, Hawaii 96813
                                    (808) 528-2211

                                   Data House, Inc.
                                   Ryan Yamamoto
                             15th Floor, Ala Moana Building
                                1441 Kapiolani Boulevard
                                Honolulu, Hawaii 96814
                                    (808) 942-8108
   N


                                    June 30, 1990



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                     Contents


                                                                                                         FAge

                     1     Summary     .............. ...........................                          1

                     2     Introduction   ............ ...........................                         5


                     3     Information Needs of Hawaii's CZM Network Agencies                   ......     9

                     4     Federal Standards for a CZM Monitoring Program                  .........     15

                     5     Strengths & Deficiencies of the HCZMP Monitoring Program . 21

                     6     Monitoring Programs of Other States            ....................           26

                     7     Recommendations for the HCZMP Monitoring Program                      .....   38

                     8     Proposed HCZMP Monitoring Program                 ..................          44



                     Glossary ................. .............................                            iii



                     A "pendices
                     r-IF



                     A     Chapter 205A and Supplements

                     B     H-PASS Input Forms and Pertinent Documentation

                     C     Sample Reports from Counties

                     D     Monitoring Guidance from OCRM and Federal CZM Act of 1972




                     Evaluation of the Monitoring and Enforcement Program                         June 30, 1990
                     Hawaii Coastal Zone Management Program, Office of State Planning                    Page i








                    E      Evaluation of Eidsting H-PASS and Wang VS (Prepared by Data
                           House, Inc.)

                    F      Monitoring Programs of Other States (Prepared by Community
                           Resources, Inc.)

                    G      Typical Hardware and Software Specifications for the Proposed
                           System (Prepared by Data House, Inc.)

                    H      Memoranda of Workshops and Other Communications





                    Exhibits


                                                                                                         Follows
                                                                                                            Page

                    1      Hawaii CZMP: Organization and Functions                   ..............          9

                    2      Required OCRM Reporting Tables                 .....................             20

                    3      Comparison of Programs of Other States               .................           26

                    4      Proposed Typical Input Form for Evaluation Purposes                  .......     44

                    5      Financial Analysis of Proposed HCZMP Monitoring Program . 45














                    Evaluation of the Monitoring and Enforcement Program                            June 30, 1990
                    Hawaii Coastal Zone Management Program, Office of State Planning                       Page ii






                    Glossary


                    Chapter 205A           Coastal Zone Management, Hawaii Revised Statues.

                    CDUA                   Conservation District Use Application (permit).

                    CFR                    Code of Federal Regulations.

                    CZM                    Coastal Zone Management.

                    CZMA                   Federal Coastal Zone Management Act of 1972.

                    DBED                   Department of Business and Economic Development.

                    DPED                   Department of Planning and Economic Development,
                                           former HCZMP lead agency, split into two agencies: 1)
                                           Department of Business and Economic Development; 2)
                                           Governor's Office of State Planning, present HCZMP
                                           lead agency.

                    DLNR                   Department of Land and Natural Resources.

                    DOH                    Department of Health.

                    DOT                    Department of Transportation.

                    DOWALD                 Division (of DLNR) of Water and Land Development.

                    EA                     Environmental Assessment.

                    EIS                    Environmental Impact Statement.

                    GIS                    Geographic Information System, a computer based
                                           mapping and data system.

                    HCZM                   Hawaii Coastal Zone Management.

                    HCZMP                  Hawaii Coastal Zone Management Program.


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                    Hawaii Coastal Zone Management Program, Office of State Planning                     Page iii








                H-PASS             Hawaii Planning Activities Support System.

                LUDBA              State Land Use District Boundary Amendment.

                Microcomputer      A small, powerful computer which is inexpensive, readily
                                   available and well-supported on the retail market, and
                                   fits on a desktop. Usually a PC or a MacIntosh.

                Minicomputer       A multi-user computer system based on terminals
                                   connected to the file server (the actual computer).
                                   Expensive, and requires custom support from specialized
                                   vendors. Not available or supported in the retail
                                   market.


                MSPM               Memorandum for State Program Managers, from Chief,
                                   Coastal Programs Division, OCRM, June 12, 1990.

                M&E                Monitoring and Enforcement, a function of the HCZM
                                   program.

                NPDES              National Pollution Discharge Elimination System,
                                   permit, issued by the DOH, under authority of the
                                   federal Clean Water Act.

                Networked          Under federal CZM law, a state's CZM program may
                                   use existing laws and agencies to implement CZM. This
                                   is called a networked structure.

                NOAA               National Oceanic and Atmospheric Administration
                                   (Department of Commerce).

                MacIntosh          Apple MacIntosh brand microcomputer.

                OSP                Governor's Office of State Planning, HCZMP lead
                                   agency.

                OCRM               Office of Coastal Programs and Resource Management
                                   (NOAA).




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                Hawaii Coastal Zone Management Program, Office of State Planning       Page iv








                    OEQC                   Office of Environmental Quality Control (DOH).

                    PC                     Personal Computer; a microcomputer, typically an IBM-
                                           PC or similar.

                    SMA                    Special Management Area (permit).

                    State Clearing         OSP is the State Clearing House for federal actions.
                    House Review


                    TMK                    Tax Map Key, a series of numbers which identify land
                                           parcels.

                    401 Water              Issued by the DOH.
                    Quality
                    Certification

































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                    Hawaii Coastal Zone Management Program, Office of State Planning                     Page v







                1 Summary


                Prima1y Conclusion. This report focuses on the monitoring program of the
                Hawaii Coastal Zone Management Program (HCZMP) which is intended
                to detect patterns of State and County agency compliance or non-
                compliance with CZM objectives and policies of Chapter 205A, Coastal
                Zone Management, Hawaii Revised Statutes. The conclusion of this report
                is that the existing monitoring program, H-PASS (Hawaii Planning
                Activities Support System), should be modified and restructured. The
                changes require acquisition of a new micro-computer-based information
                system which would be dedicated to HCZMP's monitoring program and
                which would not be intended to perform as a planning information
                database for State and County agencies. Dedicated hardware and software
                would be placed in each County and with HCZMP. Once a replacement
                system is operational, the existing H-PASS could be dismantled. This
                would yield annual cost-savings which would more than offset the
                acquisition and maintenance costs of a replacement system. These changes
                could take place within a year or two after agency approvals are obtained.

                Coun1y AgenU Reporting. For the best utility and economy, a monitoring
                program suitable to HCZMP would permit computerized data entry of
                Special Management Area permits at the County level . Such files should
                be easily transferred (either by mail on floppy disk, or by dial-up modem
                over standard telephone lines) to the HCZMP computer for inclusion in
                their quarterly, semi-annual, and annual reporting. Similarly, programs and
                actions by State and Federal agencies should be easily monitored and
                tracked via the same software. Data should never have to be re-entered or
                manually logged by HCZMP. The County agencies are basically
                conforming to this practice, but there needs to be a uniform database
                placed in operation in their offices. Because the Counties do not have
                micro-computers and related hardware available for this purpose, sdch
                hardware should be provided by HCZMP.

                State Aeengy Repor"n . State agencies have somewhat different
                requirements because of all those which have actions in the coastal zone,
                only DLNR issues permits of any significant volume. Other State agencies
                with actions or projects in the coastal zone tend to notify the public and
                agencies via public notices. Both can be monitored using the same



                Evaluation of the Monitoring and Enforcement Program            June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning      Page 1








                                    7.3.1   Add a checklist or scorecard which permits tabulation of
                                            the contribution to, or the taking from, the 7 objectives
                                            in Chapter 205A. Include best management actions,
                                            conformance with CZM plans, and conditions on SMA,
                                            CDUA, or other CZM-related actions or permits.
                                            Categorize (seawall, beach, marina, etc) SNIA and other
                                            permit actions to provide an additional level of detail
                                            and search capability by type of action. Entries on the
                                            checklist would be numeric in terms of the 7 objectives
                                            so that for each semi-annual report there would be a
                                            measurable statement of the contribution to or taking
                                            from the objective. This could be done by category of
                                            action as well, which would permit time-scale analysis of
                                            the relative proportion of actions for easy detection of
                                            trends.


                                     7.3.2  HCZMP, themselves, would track and evaluate state
                                            and federal projects in the same manner against the
                                            same 7 objectives. If this initial tracking was too time
                                            consuming, a special directive could be sought from the
                                            Governor to all State agencies to perform this function
                                            and to submit the scorecard/c@ecklists themselves.

                                     7.3.3  Scorecards/checklists would provide a standard
                                            evaluation format equally applicable to county, state or
                                            federal agencies and based on existing state law.
                                            Implementation of this concept (originally a concept in
                                            HPASS, but very complex, and not readily retrievable)
                                            would provide a near instantaneous way of monitoring
                                            and evaluating the progress of CZM actions and
                                            programs in Hawaii.

                                     7.3.4 HCZMP could also consider strengthening its inspection
                                            capabilities to detect cases where there may be actions
                                            in the coastal zone which are being done without
                                            permits or without federal consistency declarations.

                              7.4    Actions to Improve Communication and Coordination.
                                     Successful monitoring relies on agency and citizen



                      Evaluation of the Monitoring and Enforcement Program                       June 30, 1990
                      Hawaii Coastal zone Management Program, Office of State Planning                Page 40








                 software which HCZMP would use to consolidate County data files. This
                 may mean that new or revised reporting requirements should be imposed
                 on State agencies in the interest of making the HCZMP monitoring
                 program both more efficient and more useful as a basis for coastal
                 planning. For example, each State agency with a proposed action affecting
                 the coastal zone could be requested to submit a simple form describing the
                 proposed action.

                 Pro2ram Evaluation. At present, one cannot track, annually and
                 quantitatively, the achievement (or lack) of the HCZMP in terms of the
                 goals of the program as stated in Chapter 205A, Hawaii Revised Statues.
                 This is because the monitoring program in the form of H-PASS does not
                 have the data retrieval capability to do so. Moreover, although the original
                 program may have had a sufficient amount of information to ultimately
                 perform a program evaluation, because of the onerous and time-consuming
                 data-entry and difficult data-retrieval problems, and because of constant
                 hardware problems and failures, in recent years, complete data have not
                 been entered in the system.

                 The Objective of H-PASS. H-PASS was conceived in the mid-1970's as a
                 means of providing a computerized planning information database to State
                 and County agencies which would be interlinked through dedicated
                 modems and telecommunications to a central mini-computer (a Wang VS
                 system) located in Honolulu. H-PASS was intended to provide
                 computerized services ranging from word-processing, to Capital
                 Improvement Program budget database, to the Hawaii Coastal Zone
                 Management Program's permit tracking system.

                 The Liability of H-PASS. H-PASS is no longer a practical system and the
                 cost to maintain it exceeds $30,000 annually. In some cases, networked
                 agencies who were originally assigned terminals have disconnected or
                 returned them to HCZMP. Others use the terminals only for maintenance
                 of their own records (Department of Land and Natural Resource's
                 Conservation District Use Application files) or for word processing
                 (Department of Health's Office of Environmental Quality Control, Kauai
                 County). In an evaluation of the use of H-PASS by then Department of
                 Planning and Economic Development (November, 1985), the most
                 frequently accessed data file (37 percent of all queries of H-PASS) was the




                 Evaluation of the Monitoring and Enforcement Program              June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning       Page 2








                Capital Improvement Program, a function now with the Department of
                Budget and Finance.

                H-PASS software is a custom database program, which requires
                programming specialists, unavailable in most agencies, to access many data
                files in order to produce reports or to sort information. For several years it
                has been apparent that H-PASS does not serve its primary mission, which
                is to provide a means of monitoring CZM permit actions.

                H-PASS as a Plannin2 Database. The dream of the founders of H-PASS
                was to provide a central computerized database which planners around the
                state could readily access for a wide variety of planning and environmental
                information and which could easily be used to track a variety of permits
                and agency actions. As time passed and improved, more easily accessed
                computer systems and word processors became available, H-PASS became
                almost dysfunctional in terms of its utility to HCZMP, who was responsible
                for its maintenance and who originally was intended to rely on its
                information for CZM monitoring and related permit tracking.

                A significant finding of this investigation is that H-PASS was founded
                primarily as a planning database which, among many other features,
                included a function for permit tracking to meet the needs of the HCZMP
                monitoring program requirements. Over time, the mission of providing a
                planning database was abandoned, probably due to the impossibility of
                maintaining such on H-PASS and along with the gradual adoption of
                micro-computers and other information systems throughout the State and
                Counties. At present, there appears to be a need to focus attention on the
                notion of a planning database to serve the State and Counties, as well as
                the private sector, for the purpose of better handling the mass of
                environmental and planning information required in the multitude of
                planning decisions now being made.

                Basis of Recommendations. The recommendations of this report are based
                on a review of e)dsting federal CZM requirements and State and Federal
                CZM law, a review and evaluation of the H-PASS system and various
                reports about it over the years, a survey of other States and their
                monitoring programs, and two major workshops with State and County
                agencies who are part of the HCZMP network and who both contribute




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                Hawaii Coastal Zone Management Program, Office of State Planning       Page 3








                     information the monitoring program and who use that information to
                     evaluate their programs.

                     Implementation. This report is designed so that follow-on work to
                     implement the recommendations can be accomplished directly. For
                     example, a single contract to design and install a pilot microcomputer data
                     base system (Chapter 8, Proposed HCZMP Monitoring Program), could be
                     let and the vendor would have adequate information in this report and its
                     appendices to accomplish the work.






































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                     Hawaii Coastal Zone Management Program, Office of State Planning                     Page 4








                2     Introduction


                Monitoring and enforcement as used in this report refer to a continual
                assessment of the success in achieving the objectives of the Hawaii Coastal
                Zone Management Program as described in Chapter 205A (Hawaii Revised
                Statues, Appendix). Tlie investigations described in this report were
                conducted with the assistance of staff of the Hawaii Coastal Zone
                Management Program of the Office of State Planning. Discussions with
                HCZMP staff were augmented by interviews and workshops with
                representatives of HCZMP networked agencies including the Counties and
                key State Departments or Divisions. These discussions and meetings form
                the basis of Chapters 3 (Information Needs of Hawaii's CZM Network
                Agencies) and 5 (Strengths and Deficiencies of the HCZMP Monitoring
                Program). They also contribute to Chapters 7 (Recommendations for the
                HCZMP Monitoring Program) and 8 (Proposed HCZMP Monitoring
                Program).

                      2.1   A variety of documents were reviewed and discussed with
                            HCZMP staff, and with representatives of networked agencies.
                            Documents included existing State and Federal laws and
                            regulations for both the CZM program as well as the
                            monitoring program, past HCZMP and H-PASS evaluation
                            reports, H-PASS software, hardware and operations manuals,
                            and some documentation provided by other state CZM
                            program managers. Federal regulations and communications
                            particularly form the basis of Chapter 4 (Federal Standards for
                            a CZM Monitoring Program, also see Appendix). Documents
                            reviewed are listed in the bibliography.

                      2.2   Included in this report are the results of a survey of CZM
                            programs in other states. Some interesting program '
                            monitoring concepts were obtained from this survey. For
                            example, Pennsylvania periodically (twice a year) charters a
                            helicopter to inspect problem areas, or areas undergoing rapid
                            change. The inspection team includes coastal experts from
                            environmental, aquatic resources, and ocean engineering
                            disciplines from several of the networked State or County
                            agencies. The vantage point from the air provides an



                Evaluation of the Monitoring and Enforcement Program          June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning    Page 5








                                opportunity to check the status of permit compliance, or
                                implementation of permit conditions, as well as to identify
                                potential violations. This survey forms the basis of Chapter 6
                                (Monitoring Programs of Other States).

                        2.3     The appendices include a selection of existing H-PASS input
                                forms and program descriptions for convenient reference, as
                                well as copies of pertinent policies, laws, and program
                                documentation. Although voluminous, these are included to
                                assist reviewers of this report as well as later investigators or
                                staff by providing a convenient and ready collection of key
                                documentation.


                        2.4     Hawaii's CZM law and policy follows federal policy as
                                required by the federal CZMA of 1972. It is national policy to
                                it .... preserve, protect, develop, and where possible, to restore or
                                enhance, the resources of the Nation's coastal zone for this
                                and succeeding generations." Much of the implementation of
                                this policy is carried out by the states through their respective
                                coastal zone management programs, as approved by the Office
                                of Coastal Resources Management, Department of Commerce.
                                Hawaii's CZM program (HCZMP) is based on State law
                                (Chapter 205A, Hawaii Revised Statutes) which implements
                                the specific provisions of the federal Coastal Zone
                                Management Act.

                                2.4.1  Hawaii's CZM objectives are summarized below and
                                       they are consistent with the federal objectives. They are
                                       noted here because meeting these objectives requires
                                       evaluation based on some sort of standard from which
                                       changes or improvements can be measured. These
                                       objectives are the principal guidance of the monitoring
                                       and enforcement program described in this report.

                                             Recreational Resources. Provide coastal
                                             recreational opportunities accessible to the public.

                                             Historic Resources. Protect, preserve, and where
                                             desirable, restore those natural and manmade



                 Evaluation of the Monitoring and Enforcement Program                    June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning              Page 6








                                          historic and prehistoric resources in the coastal
                                          zone management area that are significant in
                                          Hawaiian and American history and culture.

                                          Scenic and 012en S12ace Resources. Protect,
                                          preserve, and where desirable, restore or improve
                                          the quality of coastal scenic and open space
                                          resources.


                                          Coastal EcoUstems. Protect valuable coastal
                                          ecosystems from disruption and minimize adverse
                                          impacts on all coastal ecosystems.

                                          Economic Uses. Provide public or private
                                          facilities and improvements important to the
                                          State's economy in suitable locations.

                                          Coastal Hazards. Reduce hazard to life and
                                          property from tsunami, storm waves, stream
                                          flooding, erosion, and subsidence.

                                          Managing Development. Improve the
                                          development review process, communication, and
                                          public participation in the management of coastal
                                          resources and hazards.


                       2.5   With the adoption of Chapter 205A in 1977, Hawaii's Coastal
                             Zone Management Program was created. Initially the program
                             was established under the Department of Planning and
                             Economic Development (DPED) as a "networked" program.
                             A networked CZM program utilizes the existing institutional
                             structure of departments, laws and regulations to implement
                             coastal zone management. A networked program was
                             appropriate in Hawaii where, with its long history of land use
                             planning and public shoreline, there was a well-established
                             planning philosophy in law and in practice.

                       2.6   In order to establish a means of monitoring and enforcing the
                             HCZMA, that Department in conjunction with State and



                 Evaluation of the Monitoring and Enforcement Program              June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning       Page 7








                             County agencies established the H-PASS (Hawaii Planning
                             Activities Support System) which relied on a Wang VS
                             minicomputer located in DPED offices. Counties and key
                             State agencies (Transportation, Land and Natural Resources,
                             Health, Environmental Quality Control, University of Hawaii)
                             were linked by dedicated telephone lines to the Wang VS
                             Minicomputer. H-PASS was structured to provide data files
                             related to a wide variety of planning information which would
                             be used by the participating agencies. The monitoring and
                             enforcement-related files were only a small part of the H-
                             PASS itself. Generally, when the system was conceived in the
                             late 1970's, there was little if any computerization at the line-
                             agency level in the state. In fact, computerized word
                             processing was only available to a few agencies. Because H-
                             PASS would also provide word processing capability, it was
                             eagerly adopted by the networked agencies of the HCZMP.

                      2.7    By the mid 1980's, it became apparent to the using agencies
                             that H-PASS was inadequate to serve either of its key
                             objectives: 1) provision of a statewide planning data base; 2)
                             provision of automated HCZMP monitoring and enforcement
                             files. The problems (described in more detail in the
                             appendices to this report) resulted from: 1) a basic overload
                             of an inadequate system hardware; 2) custom and unwieldy
                             software which could not be adapted to the changing needs of
                             users. The system fell into disuse during this period with some
                             agencies returning their terminals and hardware to the
                             HCZMP. Other users equipment partially failed and repairs
                             have not been achieved, probably due to the age of modems
                             and other equipment.














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                Hawaii Coastal Zone Management Program, Office of State Planning     Page 8








                   3      Information Needs of Hawaii's CZM Network
                          Agencies


                   Extent of H-PASS Use. This section describes the present use of the H-
                   PASS with emphasis on distinguishing between those activities which are
                   specific to the CZM M&E program, and those which serve other needs.
                   The information presented here is based on the results of two workshops
                   with networked-agencies, interviews, and a review of current HCZM
                   program documents and files. A diagram of the present network system as
                   it appears in real terms is shown in Exhibit 1.

                          3.1     All counties (except Maui) can input data at the local
                                  terminal, but cannot output directly to H-PASS because of
                                  telecommunications problems. For this reason, the counties
                                  currently submit hard copies of hearing notices, SMA permits,
                                  and quarterly reports.

                                  The counties do not require data from H-PASS to perform
                                  their CZM functions. As a result the data transfer is one-way,
                                  from the Counties to HCZMP. At times they need
                                  information from other counties. In such cases, telephoning is
                                  faster and more reliable, given the small number of queries.

                                  3.1.1  The City and County of Honolulu must enter redundant
                                         data into their own system to prepare CZM reports.
                                         This is a duplication of effort on their part.

                                  3.1.2  Maui county currently submits hard copy SNIA permits.
                                         They generate quarterly reports from their own system.

                                  3.1.3  Hawaii county previously used clerical staff to input
                                         data into H-PASS. They do not input data into the
                                         system now. They want to abandon H-PASS because it
                                         provides no benefits to them.

                                  3.1.4  Kauai county uses the H-PASS Wang only for word
                                         processing because they have found that they can more




                   Evaluation of the Monitoring and Enforcement Program                        June 30, 1990
                   Hawaii Coastal Zone Management Program, Office of State Planning                  Page 9



  me go M 40 40 me



         EXHIBIT 1 - HUMP Organizational Structure





                                        Dept. of
                                       Commerce


                                          I
                                       NOAA Office
                                        of Coastal
                                        Resource
                                       Management



      ADMINISTRATION

     - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -













      MONITORING

     - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                F


                        Hawaii County County




       COUNTYIENFORCEMENT

     - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -






                                                                                     DBED       Dept. of
                                                                                    Coastal   Transportation Dept. of Health
                                                                                    Resource    Harbors
                                                                                   Management   Division


      STATE ENFORCEMENT



                 womewan Nam M w MAN =",go "ImWelow



                 EXHIBIT I B - HUMP Functions














                                                                 F-


                                                                                                                                                                       Monitoring






                                                                                                                                                    F-

                                                                                             Report to
                            Conduct                                      Detect              monitoring
                            hearings                                   violations             program




                         F-                                                                  - ---]
                                       Environmental                           Shoreline          Convervallon                                                                Detect
                                           Impact         Water quality       Manag;eql            District Use                                          Rules &            patterns of
                                        Statements       permits (1301-1)    A            s       Area permits                                         regulations            non
                                                                               (Counties)
                                          (OEQC)                                                    (DLNR)                                                                 compliance








                                   readily provide the required HCZMP reports in this
                                   manner.


                            3.1.5  OEQC (Office of Environmental Quality Control)
                                   previously used the H-PASS system. Now, they have
                                   difficulty performing basic queries such as determining
                                   the existence of a specific environmental impact
                                   statement (EIS). They used the H-PASS Wang system
                                   primarily for word processing. At the University of
                                   Hawaii, they could enter data and get some output.
                                   They had access to their own data but not to all of the
                                   data on the system. Now they have a connection to the
                                   H-PASS system, but they cannot logon.

                                   The HCZMP office does not need H-PASS to get
                                   information from OEQC. The HCZMP office usually
                                   doesn't need specific information from OEQC. When
                                   the HCZMP office needs EIS or EA (Environmental
                                   Assessment) information from OEQC, the HCZMP
                                   office uses the OEQC Bulletin.

                            3.1.6  DOH (Department of Health) H-PASS connection is
                                   completely shut down. The HCZMP office needs
                                   environment and pollution control information from
                                   DOH. At present they can obtain this from public
                                   notices. DOH tracks many of their water quality
                                   permits, monitoring stations and quality data on a
                                   variety of computer systems. The HCZMP office
                                   receives reports on NPDES (National Pollution
                                   Discharge Elimination System) permits and 401 Water
                                   Quality Certifications (certifications under Section 401
                                   of the Clean Water Act)-

                            3.1.7  DLNR (Department of Land and Natural Resources)
                                   Ile H-PASS terminal is still in use, but only for
                                   maintenance of CDUA files (which are not used by
                                   HCZMP). DLNR is replacing H-PASS with a
                                   microcomputer system in the summer of 1990. They
                                   want historic data files of CDUA's. DLNR asks the




               Evaluation of the Monitoring and Enforcement Program              June 30, 1990
               Hawaii Coastal Zone Management Program, Office of State Planning       Page 10








                                          HCZMP office to print reports. DLNR provides
                                          Decision Notices, Copies of all CDUA Applications and
                                          Public Hearing Notices. DOWALD (Division of Water
                                          and Land Development) provides the HCZMP office
                                          with Decision Notices and Public Hearing Notices.

                                  3.1.8   DOT (Department of Transportation, Harbors Division)
                                          H-PASS connection is completely shut down. They
                                          believe that the historic data in H-PASS may have some
                                          value to someone. Their permit authority has been
                                          delegated to DLNR as part of the CDUA process.

                           3.2    Computer use among the networked counly and State
                                  ap-encies related to the HCZMP. This section summarizes the
                                  HCZMP-related computer use among the HCZMP networked
                                  agencies in the state.

                                  3.2.1 The City and County of Honolulu uses two systems.
                                          One is a GIS used for TMK and other data. The other
                                          system relies on remote terminals to maintain SMA
                                          permit data on the city's mainframe information system.


                                  3.2.2   Maui county is developing a pilot project GIS on a
                                          MacIntosh system and they have a PC database system
                                          for SMA permits.

                                  3.2.3   Hawaii county has an rudimentary GIS and Wang
                                          database system. They use an IBM PC with custom
                                          software to track SMA and other permits, TMK, and
                                          land use information.

                                  3.2.4   Kauai county uses the H-PASS Wang only for word
                                          processing. They are in transition and will be using an
                                          IBM PC and WordPerfect for word processing. Once
                                          the transition is complete, they will relinquish use of the
                                          Wang. SMA permit data is maintained manually





                    Evaluation of the Monitoring and Enforcement Program                       June 30, 1990
                    Hawaii Coastal Zone Management Program, Office of State Planning                 Page 11








                              3.2.5 OEQC (Office of Environmental Quality Control) will
                                    be developing a planning database system (probably on
                                    a PC) that also will be used to print the OEQC bulletin.
                                    Funding for the project has been requested from the
                                    Legislature and is currently being processed. Their
                                    main data file use will be the EIS's EA's (environmental
                                    assessments) and similar information.

                              3.2.6 DLNR (Department of Land and Natural Resources,
                                    Historic Sites) has a Dbase III (a commercial data base
                                    software) purchase order system. This summer, DLNR
                                    will use student interns to develop a permit tracking
                                    system on a Wang PC. Their main data use is tracking
                                    CDUA's.


                       3.3    Summary of Information Needs Related to HCZMP M&E.
                              Following is a summary of the information needs of the
                              Counties and State agencies which are networked participants
                              in the HCZMP.


                              3.3.1 Among the Counties, for the CZM monitoring program,
                                    the information transfer is one-way -- from the
                                    networked agencies to the HCZMP office. The
                                    networked agencies do have other information needs,
                                    but these are met locally, without interconnections to
                                    the HCZMP office. These local needs, although met
                                    differently (and creatively) at present, are virtually
                                    identical in-so-far as the CZM monitoring program is
                                    concerned.


                                           County needs consist of tracking the Special
                                           Management Area permits and related
                                           information with enough detail to provide
                                           required reports to the HCZMP office; and in
                                           enough detail to meet County requirements
                                           related to the planning process.

                                           The Counties also provide hard copy of SMA
                                           reports by special request of the HCZMP office.



                 Evaluation of the Monitoring and Enforcement Program              June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning       Page 12








                                           The Counties provide quarterly reports to the
                                           HCZMP office. The reports follow a similar
                                           format and style, but are not identical to the
                                           extent which would be required by an automated
                                           system.

                              3.3.2  At the State level, the information needs are different
                                     although they are also one-way, from networked
                                     agencies to the HCZMP office. However, they lack any
                                     requirement to provide information to the HCZMP
                                     office, because there is an operational assumption on
                                     the part of state agencies that because the CZM law
                                     applies to each Department, they automatically comply
                                     with the law through diligent action at their own levels.
                                     There is no requirement to report these actions to the
                                     HCZMP, therefore, tracking these actions,
                                     systematically is not possible as it is with the SMA
                                     permits issued by the Counties.

                                           State agencies file no reports with the HCZMP
                                           office.


                                           With regards for HCZMP monitoring and
                                           enforcement, at present, no State agency routinely
                                           provides the HCZMP office with data about
                                           actions in the coastal zone. The State agencies
                                           have shut-down their H-PASS systems (except
                                           DLNR which uses it strictly for its own purpose of
                                           tracking CDUA's).

                                           The reason for this situation is partly because no
                                           State agency issues permits or performs actions in
                                           the coastal zone with the frequency of the
                                           Counties. Approximately 600 SNIA permits are
                                           issued by Counties annually. There is a smaller
                                           number of State actions in the coastal zone, and
                                           these are done by a variety of different agencies.
                                           The most frequent State permit is the CDUA,




                Evaluation of the Monitoring and Enforcement Program                June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning         Page 13








                                                which usually applies to areas in the coastal zone.
                                                HCZUT review about 75 CDUA's annually.

                                                State agencies routinely provide the HCZMP
                                                office with written public notices of actions
                                                proposed or carried out in the coastal zone.

                                                        This is done through several ways. One is
                                                        that each agency routinely sends its own
                                                        public notices to all on its own mailing list.

                                                        Another is via the OEQC Bulletin, a bi-
                                                        weekly newsletter sent to addresses on the
                                                        OEQC mailing list.

                                                        A third is via public notices published in
                                                        the newspaper or made through the media.

                                  3.3.3  Federal agencies provide information to HCZMP under
                                         the federal consistency guidelines in the federal CZM
                                         law. These require that a federal agency proposing an
                                         action in the coastal zone prepare a federal consistency
                                         document and submit it to HCZMP for review. This
                                         provides a sure check on the federal actions. However,
                                         from the federal side, the consistency declaration is
                                         often made late in the planning process, making it
                                         difficult to change if the HCZMP requests significant
                                         alterations in a plan or project.















                   Evaluation of the Monitoring and Enforcement Program                       June 30, 1990
                   Hawaii Coastal Zone Management Program, Office of State Planning                 Page 14







                    4      Federal Standards for a CZM Monitoring
                           Program


                    Under terms of the federal CZM law, when a state accepts federal grant
                    money, it also agrees to implement programs and policies which will
                    achieve the goals of CZM. nose goals are stated in the CZM Act of 1972
                    (See Appendix for full Act; see Section 303 for statement of national
                    policy.) and Hawaii law reflects the same goals (See Appendix for Hawaii's
                    Chapter 205A). If a state does not show progress in implementing federal
                    CZM policy, the OCRM can reduce or withhold CZM grant money.

                           4.1     The details of the federal procedures are written in Section
                                   312, "Review of Performance" which describe the legal
                                   monitoring requirements on the part of OCRM. OCRM is
                                   required to continually review a State's performance in terms
                                   of compliance with the CZM Act of 1972 and state laws and
                                   regulations implementing it.

                           4.2     Specifically, the CZMA requires the Secretary (of the
                                   Department of Commerce -- through NOAA and OCRM) to
                                   do the following.

                                   4.2.1  312. (a) Perform a continuing written review of the
                                          extent to which the state as implemented and enforced
                                          the state's CZM program, has addressed the coastal
                                          management needs (goals and policy of the CZM
                                          program), and met the terms of grants, loans of
                                          cooperative agreements.

                                   4.2.2  312. (b) Conduct public meetings to evaluate the state's
                                          CZM program and make the reports of evaluation
                                          available to the public.

                                   4.2.3  312. (c) Reduce financial assistance to a state which is
                                          failing to make a significant improvement in achieving
                                          the coastal management objectives or is failing to make
                                          satisfactory progress in inventorying and designating
                                          areas that contain one or more coastal resources of



                    Evaluation of the Monitoring and Enforcement Program                        June 30, 1990
                    Hawaii Coastal Zone Management Program, Office of State Planning                 Page 15








                                         national significance and in providing enforceable
                                         standards to protect such resources.

                                  4.2.4  312. (d & e) The secretary can withdraw approvals and
                                         funds from state programs which are not complying as
                                         stated above.


                                  4.2.5  312. (f) The secretary must do research and offer
                                         technical assistance on matters which offer promise
                                         towards improving coastal zone management.

                           4.3    In practice, these legal requirements are implemented by
                                  regulations and guidelines from OCRM and it is these details
                                  which must be met by the monitoring scheme proposed later in
                                  this report. There is a variety of guidance from OCRM and it
                                  includes the following (All of the following documents are
                                  included in the Appendix.).

                                  4.3.1  Part 923 [15 CFR Ch. IX (1-1-89 Edition)] - Coastal
                                         Zone Management Program Development and Approval
                                         regulations. This is the general regulator guidance
                                         which covers state CZM programs. It requires that a
                                         single agency be in charge of coastal programs within a
                                         state and that networked agencies be answerable and
                                         bound by state regulations to perform within the context
                                         of the CZMA of 1972.

                                  4.3.2  Part 928 [15 CFR Ch. IX (1-1-87 Edition)] - Review of
                                         Performance. This document described the review
                                         process as of 1987 and its guidelines provide a general
                                         background. The frequency and format for reporting by
                                         states to OCRM is redefined in a later document,
                                         however.


                                  4.3.3  Memorandum for State Program Managers (MSPM),
                                         from OCRM, September 20, 1988. This document
                                         contains the current guidance and requirements for
                                         reporting as modified in an administrative manner
                                         because it is in the form of a memorandum as opposed



                   Evaluation of the Monitoring and Enforcement Program                        June 30, 1990
                   Hawaii Coastal Zone Management Program, Office of State Planning                 Page 16








                                     to publication in the Code of Federal Regulations.
                                     T'herefore, Part 928 also applies to state reporting of
                                     their monitoring actions.

                              4.3.4  The present requirements by OCRM for state reporting,
                                     as stated in the MSPM are as follows.


                                           The format and content of the reports is provided
                                           in general fashion and narratives may be tailored
                                           to suit the reporting state. However, certain
                                           tables are required as stated below for
                                           performance reports. The reports may use
                                           existing information in the form used by or within
                                           a state for CZM and much of the information can
                                           be in narrative form, and in attachments of
                                           existing records for the period being reported.
                                           The following discussion focuses on performance
                                           reports for county and state permits as the
                                           primary example of information tracking and
                                           systemization for which specific recommendations
                                           are made later in this report. Federal actions,
                                           relatively few in Hawaii in contrast to state and
                                           county actions, are covered in the MSPM and
                                           their requirements are shown in the appendix. In
                                           addition, under the management information
                                           system proposed later in the report, federal
                                           actions as well as grants and other compliance
                                           matters could be tracked as well as information
                                           associated with permit type of activities.

                                           Frequency and content of reports.

                                                 Quarterly - The quarterly report is meant to
                                                 be brief and to monitor the grant tasks and
                                                 significant improvement activities. It does
                                                 not require submittal of permit information
                                                 which is the most voluminous of
                                                 information to be tracked and reported.




                 Evaluation of the Monitoring and Enforcement Program               June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning       Page 17








                                                 Semi-annual - The semi-annual report is to
                                                 contain information necessary to determine
                                                 state adherence to its CZM program. This
                                                 report is submitted during the 2nd and 4th
                                                 quarters of the grant awards, and logically
                                                 along with the quarterly reports. These are
                                                 called performance reports and are most
                                                 voluminous because of the number of SMA
                                                 permit actions. This report is to discuss
                                                 permit administration, monitoring and
                                                 enforcement; federal consistency, and
                                                 program changes.

                                                 In Hawaii, the most difficult to track, and
                                                 the area most benefiting of automation is
                                                 that part of the performance report which
                                                 covers permits, permit violations,
                                                 unpermitted activities, and the disposition
                                                 of actions towards violations, in the coastal
                                                 zone. The MSPM of September 20, 1988
                                                 provides several key tables which display
                                                 the information (which must be reported in
                                                 tabular format) requested by OCRM. The
                                                 tables are summarized below (also see
                                                 Exhibit 2).

                                                 ï¿½     The first table (Performance Report
                                                       Permit Chart #2 for state CZM
                                                       programs with "networked" agencies.)
                                                       describes each application for a
                                                       permit and its status during the
                                                       reporting period.

                                                 ï¿½     The second table (Performance
                                                       Report Enforcement Chart #3 for
                                                       both direct permitting CZM states
                                                       and networked states.) shows the
                                                       status of both permit violations and




                Evaluation of the Monitoring and Enforcement Program               June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning        Page 18








                                                          unpermitted activities in the coastal
                                                          zone.


                                                    0     The third table (Performance Report
                                                          Enforcement Chart #4, Disposition
                                                          of the total violations resolved.)
                                                          describes the disposition of violations
                                                          of both permits and unpermitted
                                                          activities.


                                                    Reporting semi-annually on federal
                                                    consistency and program changes is fairly
                                                    straightforward, because of the relatively
                                                    few federal actions in the coastal zone.
                                                    However, federal consistency must be
                                                    reported in tabular format (Appendix).
                                                    Reporting on program changes lends itself
                                                    to narrative format. Federal consistency
                                                    reporting at present is done manually and
                                                    could continue that way, although the
                                                    system proposed later in this report to
                                                    automate reporting from the counties could
                                                    easily accomodate the federal consistency
                                                    reporting requirements.

                                                    Annual - The annual report is to address
                                                    broader issues of the effectiveness and
                                                    accomplishments of the state CZM program
                                                    in addressing national coastal management
                                                    needs, and to identify emerging issues. This
                                                    report must be submitted by each October
                                                    30. It is not tied to a specific award. period.
                                                    The reporting should include specific
                                                    examples where possible. The annual
                                                    report is submitted in narrative form and
                                                    statements about the following topical areas
                                                    are required.

                                                    0     Estuarine Habitats




                 Evaluation of the Monitoring and Enforcement Program                  June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning           Page 19










                                                     0      Coastal Pollution


                                                     0      Ocean dumping

                                                     0      Coastal hazards (erosion flooding, sea
                                                            level rise)

                                                     0      Ocean and coastal use management

                                                     0      Public access


                                                     0      Urban waterfronts and ports

                                                     0      Permit simplification

                         4.4    In sum, the federal requirements include a mix of information
                                in tabular and narrative form. Tabular formats are specified
                                for permit and federal consistency data. Narratives must be
                                supported by examples. Existing information, in any form used
                                within the state (for example in the form of reports or data)
                                can be appended as examples or to support the report. 'Me
                                information falls into two broad categories.

                                4.4.1  Grant status or other financial data which is partially of
                                       an accounting and partially of a budget and
                                       programming nature. This category of information is
                                       not discussed further in this report because it is not part
                                       of the specific study.

                                4.4.2  Program performance with regards to the attainment of
                                       CZM goals and the implementation of CZM policy,
                                       both federal and state. This category of information is
                                       discussed further in this report, but in the context of the
                                       HCZMP, which is the State's implementation of the
                                       federal CZMA.









                  Evaluation of the Monitoring and Enforcement Program                     June 30, 1990
                  Hawaii Coastal Zone Management Program, Office of State Planning              Page 20



                                    M M!M                                               MISS M M M M M                                                                       M














                                 P e r f o r m a n c e R e p o r t P e r m i t C h a r t      2
                                 F o r s t a t e C Z M p r o 9 r a m s w i t h 11 n e t w o r k e d 11 a g e n c 1 e s


                                 iState/Local        i                  i               'Permits         Permits
                                 IPermitting         I Type of Permit   JAppotications  Ilssued w/out  I issued with   I Permits  IPermits    JAPPtications   I
                                 JAgency             I Activity         IFited          lConditions    I Conditions    I Denied   lWithdrawn  IPending        I


                                 lWater Quality      I Tidal
                                 Imanagement         I Development
                                 JAgency             I Permit

                                 ILocat Gov't.       I Stormwater
                                 I(if appropriate)   I Management
                                                                                                                                                                                0
                                                       Permit


                                 JEtc.


                                 ITotaL CZMP                                                                                                                                     (D
                                 IRegutatory
                                 JActivity


                                     Where applicable indicate major      or minor.


                                 These charts should be used by the states as guides.
                                 The states may submit the Oormation in the form that the networked agecies use or process the data to fit a chart of this type.

























                                                                                                                                                                                     X


                                                                                                                                                                                     r+ .



                                             P e r f o r m a n c e R e p o r t P e r m i t C h a r t # 3
                                             F o r b o t h d i r e c: t p e r m i t t i n 9 C Z M s t a t e s a n d n a t w o r k e d s t a t e s



                                                                                     lViotations                                                                                     0
                                                                  1State             IDetected for   ITotal          I Totat         I
                                             IType of             IEnforcement       lReporting      Iviolations     I Viotations    I
                                             lViotation           IAgency            JPeriod         IResotyed       I Pending       I                                               I;i!O


                                             JPermit                                                                                                                                 0
                                             lViotation                                                                                                                              -1

                                             I                                                                                                                                       GQ
                                             Jun-permitted
                                             JActivity                                                                                                                               Cr
                                             I                                                                                                                                       (D
                                             i
                                             ITotal




























                                        P e r f o r m a n c e R e p o r t P e r m i t C h a r t # 4
                                        D i s p o s t i o n o f t h e T o t a t V i o t a t i o n s  R e s o t v e d



                                                                                            jorder to                                                                     0
                                                                                            IRestore Area  I              I             I            I                    C)
                                        I                  I State           JAfter-the-    lin violation  I Judicial     I             I            I
                                        IType of           IEnforcement      IFact Permit   Ito original   I Enforcement  JApplication  I  Total
                                        lViolation         IAgency           lissued        ICondition     I Actions      IPending

                                                                                                                                                                          0
                                        JPermit
                                        IViotation


                                        Jun-permitted
                                        JActivity                                                                                                                         CD
                                        I




    mwmmm













                                     I . D i r e c t F e d e r a I A q e n c y A c t i v I t i e s           S e c t i o n 3 0 7 ( c          -a n d ( 2
                                                                                                                                                                                   cr


                                    Description     Date Federal       Proximity to                                    Won-concurrence
                                        of             Agency          Coastal Zone                                         I                    I Concurrence
                        federal     Activity or     Notification       (within, seaward                       insufficient     Inconsistent w/        After          Time of       (D
                       Agency         Project         Received              landward)       concurrence       information     State Policies       Modification      Review

                      IDCO/ACOE   JDredge                               Within                                                       X                  X            45 days       (D
                      I           IMateriat                                                                                                                                        Q.
                      I           Idisposat-      1                                                                                                                                0
                      I           IPort           I
                      I           IBienvitte      I
                      I           lHarbor


                                                                                                                                                                                   0



                                                                                                                                                                                   UQ





                                                                                                                                                                                   0







                                       Each individual project acted on during the past six months should                                                            be listed.























                                                   F e d e r a t L i c e n s e s a n d P e r m i t S       S e c t i o n 3 0 7 ( c    3     A



                               Federal                                                               Number  of Prolects
                               Licensingi                                                                    I                   I concurrence
                               or Permitl    Type of    I                      Number of       insufficient    Inconsistent wl        After         Time of
                               Agency        Permit       Number of Permitsl   Concurrences    information     State Policies     Modification      Review

                               DOD/ACOE  ISection 10    1         6                 3               1                2                  2           60 days                (D
                                         land/or                                                                                                                           C:L
                                         ISection 404                                                                                                                      0





                                                                                                                                                                           0



                                                                                                                                                                          UQ












                                              Group projects by federal agency and type of license or permit.



















                             Ill. Federal Licenses and Permit Activities Described in Detail in OCS Plans - Section 307(c)(3)(B)

                                                                                                                                                                      X

                                             Projects
                                             Name and                                             Ron-concurrences
                                             Plan of       Date                                           I                  I concurrence
                                 Federal     Exploration  jAppticationi                   I insufficient    Inconsistent w/       After         Time of
                               I Agency    I or Devetop.1  Received   I    Concurrence      Information     state Policies     Modification    Review

                               I D01/14MS  JSanta Lucia   I                                                       x                              6 days
                               I           JUnit - P0007  I
                                               (POE)
                                                                                                                                                                      0






















                                                List each individual project.





















                  I V . F e d e r a t A s s i s t a n c e t 0S t a t e a n d L o c aG o v e r n m e n t sS e c t i o n 3 0 7 ( d
                                                                                                         X



                                                            No. of Non-concurrence Number of
                                                                               concurrences
                   Federal Type of  Number of   Number of Insufficient inconsistent wl After Time of
                  Agency  Assistance Applications Concurrences Information State Policies
                                                                               Modification Review


                  IDOT/FHA IRoad  1    5           4                    1                 30 days
                  I      lAssistanceI                                         I







                                                                                                         0



                                                                                                         OQ











                            Group cases by federal agency and type of funding.







                5     Strengths and Deficiencies of Hawaii's Current
                      Monitoring Program


                Hawaii's current monitoring program has succeeded in tracking the variety
                of actions reported to HCZMP by the networked agencies. The Counties
                provide the greatest wealth of information based on their prime role in
                land use planning and development. The State agencies as a whole provide
                a diverse set of information which is largely in the form of public notices,
                EIS's or EA's, CDUA's, LUDBA's, State Clearing House Reviews, and
                disposition notices. The Federal agencies provide the federal consistency
                declarations to HCZMP for review.

                      5.1   The HCZMP reviews, processes and reports on a variety of
                            information. Following are the approximate quantities of
                            information reviewed or reported on an annual basis. These
                            figures reflect information only pertaining to program
                            compliance.

                                        10 to 20 - State Land Use District Boundary
                                        Amendments.


                                        10 to 20 - State Clearing House Reviews.

                                        70 to 80 - Conservation District Use Applications
                                        (CDUA).

                                        50 to 70 - Environmental Impact Statements and
                                        Assessments (EIS, EA).

                                        70 to 100 - Federal Consistency Reviews.

                                        600 to 700 - Special Management Area Permits
                                        (SMA).

                                        300 (estimated) - Public Notices (not presently
                                        counted, but reviewed and evaluated).





                Evaluation of the Monitoring and Enforcement Program           June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning   Page 21








                              5.1.1  HCZMP's present monitoring program reflects an
                                     amalgam of computerization and manual accounting for
                                     the various sets of information being tracked. The data
                                     that is computerized is done so on either PC's or on the
                                     C&C of Honolulu's mainframe for that county only. In
                                     the HCZMP office data or functions presently entered
                                     in the H-PASS/Wang VS system include federal
                                     consistengy reviews, State Clearing House actions, and
                                     internal logizing and trackin. DLNR is presently
                                     tracking CDUA's but they intend to install a PC
                                     database system during the summer of 1990 and cease
                                     use of the H-PASS shortly thereafter. The H-PASS
                                     Wang VS system is virtually unused although the server
                                     is operational and historic data is intact.

                              5.1.2  A large amount of material is carried manually in
                                     ledgers. These include SNLk hearing notices, a
                                     relatively large number, annually. All other material, if
                                     computerized is entered redundantly at least twice and
                                     perhaps three times because county SMA databases
                                     differ from each other and from those in the HCZMP
                                     office. Moreover, data summaries for reporting
                                     purposes by Counties as well as by HCZMP are
                                     prepared manually, requiring additional re-keying.

                       5.2    On the positive side, the HCZMP has never been penalized by
                              OCRM. This implies that the monitoring program has been
                              effective and has complied with the CZNUk of 1972. The
                              HCZMP Manager has noted that there is a very low, perhaps
                              negligible rate, of both permit and unpermitted violations.
                              This is attributed to the strength of Hawaii's land use planning
                              laws, high public regard for the value of the coastal zone
                              resources, and broad support for the HCZMP.

                              5.2.1 The Counties, who administer the majority of permit
                                     actions (SMA permits), are cooperative and supportive
                                     of the HCZMP. They have integrated the program into
                                     their own planning process.




                 Evaluation of the Monitoring and Enforcement Program               June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning        Page 22








                                   5.2.2   The Counties are willing to modify their data entry
                                           procedures, information processes, and related activities
                                           to support the needs of the HCZMT, if such support
                                           wiR not substantially increase local costs or staffing
                                           requirements.

                                   5.2.3   County planning, review and permit enforcement
                                           capabilities have become stronger since the early CZM
                                           years in the mid-1970's. There is less need for HCZMP
                                           to review every SNIA permit action because these are
                                           largely wel.1-handled by the Counties. In Hawaii, the
                                           Counties are responsible for most major land use
                                           planning decisions related to development and
                                           construction of resorts, residential neighborhoods and
                                           commercial facilities.


                                   5.2.4   Because of the strong SMA program at the County
                                           level, HCZMP has the opportunity to refocus on State-
                                           wide and regional coastal planning issues.

                            5.3    On the negative side, the reporting requirements from OCRM
                                   have recently become more demanding in terms of detail and
                                   in terms of the data to be provided. This necessitates a
                                   change and upgrade in the current monitoring program in
                                   order to provide the requisite information on a timely basis
                                   and to reduce the reporting demands on staff in favor of
                                   program management actions. Especially under these new
                                   demands, the current HCZN1P monitoring program probably
                                   cannot, at existing staff levels, meet the new OCRM
                                   requirements to the level of full compliance. Other problems
                                   include the Mowing.
                                   5.3.1   H-PASS (Hawaii Planning Activities Support Sy's'tem)
                                           has become a liability because of the extra staff-hours,
                                           time duration and costs required to even attempt to
                                           maintain the software, hardware and data records.

                                   5.3.2   Costs -- annual operation and maintenance of the Wang
                                           system exceeds $30,000 and this amount does not



                    Evaluadon of the Monitoring and Enforcement Program                         June 30, 1990
                    Hawaii Coastal Zone Management Program, Office of State Planning                  Page 23









                                          include outside contractors to assist in accessing data or
                                          obtaining reports.

                                  5.3.3   State agency input to the HCZMP office is irregular
                                          and not easily tracked at present. There are no special
                                          HCZMP reporting requirements placed on State
                                          agencies who comply with Chapter 205A at present by
                                          mailing public notices or providing information upon
                                          request to HCZMP staff.

                                  5.3.4   One agency, DOT-Harbors Division, most of whose
                                          work is in the coastal zone, is exempt from CZM laws
                                          when constructing harbor projects. This may not
                                          present a severe problem because for significant actions,
                                          DOT-Harbors Division must circulate an EIS.


                                  5.3.5   To track federal consistency, HCZMP relies on
                                          supplementary sources to the federal consistency
                                          declarations filed with its office. The supplementary
                                          sources include State Clearing House reviews, OEOC
                                          reviews and the OEOC Bulletin, and informal means.

                                  5.3.6   Tracking of compliance with State CZM goals is not
                                          efficiently accomplished at present. The problem
                                          appears to be that little of the information coming into
                                          the HCZMP office may be directly linked to the
                                          HCZMP goals.

                                  5.3.7   Micro-computer capability is not strong at the County
                                          level. In order for reporting to be improved at that
                                          level, there is a requirement for dedicated micro-
                                          computer equipment in each County CZM program
                                          office.


                           5.4    HCZMP has recently been assigned an additional mission
                                  component which emphasizes stronger planning and policy
                                  actions on behalf of Hawaii's coastal zone. This additional
                                  mission component acknowledges the rapid growth in Hawaii
                                  during the last decade and reflects public concern that coastal



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                   Hawaii Coastal Zone Management Program, Office of State Planning                 Page 24








                                  zone management keep pace with the changes which have
                                  occurred. To accomplish this mission, HCZMP needs to
                                  reduce staff-hours spent on reporting so that the capability can
                                  be applied in project review, coastal planning and increased
                                  field inspections.

                                  5.4.1   Fulfillment of this mission will require the capability
                                          within the HCZMP to assess the annual progress
                                          towards meeting the goals of Chapter 205A (see
                                          Chapter Two for a summary of the 7 goals). At present,
                                          it does not appear possible, based on an analysis of
                                          existing information, to assess whether or not the
                                          HCZMP program, on a cumulative basis, over a period
                                          of several years, is actually contributing to a realization
                                          of those 7 goals. Once progress can be measured, a
                                          more distinct and goal-oriented planning process can be
                                          initiated.


                                  5.4.2   This present report includes in its recommendations,
                                          elementary reporting capabilities to achieve the above
                                          capability without excessively increasing staff load.

                           5.5    Needed is a single, uniform database, based on a single set of
                                  hardware and software, in which data can be keyed-in once at
                                  its basic input level and then reported to whomever,
                                  electronically, without re-keying. Such a system would achieve
                                  the following.

                                  5.5.1   Release staff at County and State levels of government
                                          to focus their efforts on program review, coastal zone
                                          planning and field inspections.

                                  5.5.2   Reduce data-entry redundancy and the personnel
                                          frustration at the situation.


                                  5.5.3   Reduce annual operating expenditures on unused, out-
                                          of-date Wang VS equipment.






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                   Hawaii Coastal Zone Management Program, Office of State Planning                  Page 25







                6     Monitoring Programs of Other States


                This chapter summarizes information gained from materials sent by other
                state programs and from ten in-depth interviews conducted with staff of
                state Coastal Zone Management lead agencies (The complete report of the
                survey of the monitoring programs of other states may be found in the
                Appendix). The purpose of this chapter is to give an overall view of how
                state programs do monitoring and enforcement and the nature of their
                response to the Federal reporting requirements. Innovative and
                illustrative programs are noted in this chapter and discussed in the
                Appendix in more detail. The survey findings are reported by six
                categories.

                                        Monitoring

                                        Enforcement


                                        Federal Reporting

                                        Agency Size and Work Load

                                        Communication


                                        Information Management

                      6.1   Monitoring. Monitoring is defined here as the act of
                            collecting and recording information that could be used to
                            determine if CZM policy and regulations were being enforced.
                            The Federal CZM legislation and the administrative approach
                            followed by NOAA has permitted a wide variety of
                            institutional responses to the requirement for State CZM
                            programs to monitor and enforce the CZM policies and
                            regulations. As a result, the methods used to do monitoring
                            vary in response to the institutional arrangements and powers
                            and responsibilities of the lead CZM agency in each state.
                            Exhibit 3 summarizes this diversity of approach. State
                            programs vary in the intensity and comprehensiveness with
                            which they monitor illegal activity, permitted developments,



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                Hawaii Coastal Zone Management Program, Office of State Planning    Page 26










                       Exhibit 3: Comparison of Programs of Other States
                                                   C@
                                   Location of Primary
                                     Responsibility                      Role of
                                                                           CZM
             Focus of Monitor        State         Local                 Acrency


                 Enforcement                                      Monitor
                                                                  enforcement only
                                                                  within agency

                                  State                           CA (BCDC), NC,
                                  CZM agency                      SC, WA


                                                                  Monitor
                                                                  enforcement by
                                                                  State agencies

                                  State                           FL, HI, OR, WI
                                  CZM agency

                                                                  Monitor
                                                                  enforcement by
                                                                  local agencies

                                  State                           CA (1), HI
                                  CZM agency



                 Federal
                 Consistency                                      Monitor Federal
                                                                  Agencies through
                                                                  COE/EIS process

                                  State                           HI, OR, SC
                                  C2M agency

                                                                  Actively search
                                                                  for Federal
                                                                  activities

                                  State                           FL, WI
                                  CZM agency










                       Exhibit 3: Comparison of Programs of Other States




                                    Location of Primary
                                       Responsibility                  Role of
                                            ------    ---                CzM
            Focus of Monitor        State         Local                Agency

                 Permits                                          Issue permits

                                  State                           NC, SC
                                  CZM agency

                                  State                           FL, WI
                                  Line agency

                                  State         Local CZK/        CA, Cr, OR, WA
                                  CZM agency    Line Agency

                                  State         Local CZK/        HI
                                  Line agency   Line Agency       Review and/or
                                                                  certify
                                                                  consistency with
                                                                  CZK policy

                                  State                           CT, OR, SC, WA
                                  C2M agency

                                                                  Joint review
                                                                  /clearinghouse

                                  State                           FL, NC, OR
                                  CZK agency

                                                                  Ccnmion
                                                                  app@ication
                                                                  review


                                  State                           NC
                                  CZM agency










                        Exhibit 3: Comparison of Programs of Other States


                                   Location of Primary
                                     Responsibility                       Role of
                                                                             CZM
            Focus of Monitor         State          Local                 Agency

                  Permits
                  (Continued)                                        Monitor
                                                                     permitting by
                                                                     other agencies

                                   State                             CA, FL, HI, OR,
                                   C2M agency                        wi

                                                                     Monitor illegal
                                                                     activity

                                   State                             NC
                                   CZM agency

                                   State                             FL, WI
                                   Line agency

                                   State          Local CZM/         CA, CT
                                   CZM agency     Line Agency

                                   State          Local CZM/         BI
                                   Line agency    Line Agency        Monitor
                                                                     development site

                                   State                             NC
                                   CZM agency

                                   State                             FL, WI
                                   Line agency

                                   State          Local CZM/         CA, Cr
                                   C2M agency     Line Agency

                                   State          Local CZM/         BI
                                   Line agency    Line Agency








                             permitting activities of other agencies (state or local),
                             enforcement activities or federal consistency with state CZM
                             policies and regulations.

                             6.1.1 Permits. A key factor affecting how and what state
                                   programs monitor is who has the permitting power for
                                   the Coastal Zone. The power to issue permits may be
                                   held by:

                                         -     The State CZM agency;

                                         -     A State line agency or agencies;

                                         -     Both the State CZM agency and local CZM
                                               or line agencies;

                                         -     Both the State line agency or agencies and
                                               local CZM or line agencies (as in Hawaii).

                                         In cases where all of the permitting power is held
                                         by the State Coastal Zone Management agency,
                                         monitoring permits and illegal activity is simply a
                                         matter of internal investigation, collection, And
                                         recording. The more the power to permit is
                                         shared between agencies the greater are the
                                         communication, coordination, and evaluation
                                         problems in monitoring permit activity.

                                         Some states have created simplifying and
                                         consolidating permit process structures that make
                                         it easier for them to monitor permits. Examples
                                         of these are the State Clearinghouse and Joint
                                         Agency reviews which consolidate agency permit
                                         responses, Consistency Certification processes
                                         which require notification and/or approval of
                                         permits by the State CZM, and North Carolina's
                                         Common Application Process which uses one
                                         application to meet the requirements of ten state
                                         agencies and the U.S. Corps of Engineers.



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                                            Some states simplify their monitoring
                                            requirements by not tracking all or some local
                                            agency activities or other State agency actions
                                            even when permitting power is shared. They rely
                                            on legal requirements for other agencies to
                                            conform with CZM or on permit processes which
                                            insure that the most significant projects have to
                                            receive either their review or approval.

                                            Budaet and Staff. Another factor affecting
                                            monitoring scope is budget and staff. An
                                            ambitious permit monitoring program would
                                            include:


                                                  Monitoring coastal areas for illegal actions;

                                                  Monitoring permitted development sites for
                                                  observation of permit requirements and
                                                  conditions;

                                                  Monitoring permits issued by other agencies
                                                  for appropriate analysis, restrictions, and
                                                  conditions.


                                            Most states do not have the budget and staff
                                            needed for such a comprehensive approach and
                                            find ways to limit the scope of monitoring. Some
                                            focus their monitoring on special geographic areas
                                            of high significance or sensitivity, intensive
                                            development, or controversy. Others limit the
                                            scope by relying on other agencies and citizens to
                                            detect illegal activities and permit condition
                                            violations.


                                            Some states do have innovative programs which
                                            regularly and systematically monitor permits and
                                            illegal activity. Connecticut's Community Group
                                            Staff Contact program, and California's Summer
                                            Permit Review program and its Five Year Local



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                 Hawaii Coastal Zone Management Program, Office of State Planning         Page 28








                                                     Coastal Program Reviews are innovative examples
                                                    of such systematic monitoring programs.

                                                            Connecticut's high staffing levels allow the
                                                            assignment of one staffer as contact person
                                                            for each Community Group (a coastal area
                                                            containing five to eight local governments).
                                                            Each contact person records all permit and
                                                            enforcement activities for his area in a log
                                                            book, regularly meets with the local
                                                            government staff to exchange information
                                                            and presents CZM concerns, makes spot
                                                            checks of coastal conditions, and visits
                                                            project sites.

                                                            In the Summer Permit Review program,
                                                            California regularly examines the results of
                                                            past permit actions. Staff select permits
                                                            approved two years before, review the
                                                            adequacy of permit files, and makes follow-
                                                            up site visits to large or controversial
                                                            projects.

                                                            In the Five Year Local Coastal Program
                                                            Review, a local jurisdiction's permit files
                                                            and outstanding violations in the coastal
                                                            area controlled by the local government are
                                                            reviewed to evaluate the effectiveness of
                                                            the local CZM program.

                                     6.1.2   Enforcement. The extent to which the lead State CZM
                                             agency monitors enforcement activity varies widely from
                                             State to State. State agencies which issue permits are
                                             usually involved in the enforcement of permit conditions
                                             and curtailment of illegal activities in the coastal zone.
                                             Often these strong CZM agencies monitor only their
                                             internal enforcement activities, especially if they are the
                                             principal coastal permit and enforcement agency.




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                                   State agencies which only provide administrative and
                                   technical support to permit-issuing line agencies are
                                   usually also not involved in direct enforcement activities.
                                   They may track only the enforcement activities of State
                                   agencies or both State and local agencies, depending on
                                   how significant the local permitting and enforcement
                                   powers are.

                            6.1.3  Federal Consistengy. Some state CZM agencies view
                                   the effort to insure Federal consistency as either the
                                   main function or a major function their agency
                                   performs. Often these CZM agencies are not directly
                                   involved in the permitting and enforcement functions.
                                   Florida and Wisconsin both reported being actively
                                   involved in seeking to identify Federal coastal projects
                                   and promoting Federal agency awareness of the Federal
                                   consistency requirements.

                                   Other state agencies reported a much more passive
                                   stance, relying on the Corps of Engineers permit
                                   requirements and the Environmental Impact Statement
                                   process to bring Federal actions to their attention.
                                   Most indicated that they had excellent relations with the
                                   Corps of Engineers and that the Corps routinely
                                   referred to them any projects that hadn't been reviewed
                                   by the State CZM process.

                                   Wisconsin has an innovative program that gives them
                                   access to both their State CZM permit files and the
                                   Corps of Engineers' permit files. Using the State CZM
                                   permit numbers, they can check that all Corps of
                                   Engineers permit requests and approvals have g9ne
                                   through the State CZM process.

                      6.2   Enforcement. State agencies vary widely in the extent to
                            which they are involved in enforcement, as was noted above.

                            6.2.1 Detection. State programs vary in the amount of time,
                                   staff, and budget expended on detecting illegal actions



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                Hawaii Coastal Zone Management Program, Office of State Planning     Page 30








                                        (violations of permit conditions or actions without
                                        permits). Some states like Connecticut and North
                                        Carolina operate regular flights over coastal areas to
                                        monitor development and shoot aerial photography for
                                        later analysis, and perform spot checks of coastal areas
                                        and project sites.

                                        Other state CZM agencies have limited funds and/or
                                        staff and rely on citizen complaints and reports by other
                                        agencies to bring violations to their notice.

                                        One innovative method for improving detection is to
                                        enlist citizens in monitoring coastal activities and
                                        reporting violations of CZM restrictions. California,
                                        Washington, and Wisconsin all reported using public
                                        awareness activities to increase citizen monitoring of
                                        coastal developments.

                                6.2.2   Notices. All state programs contacted in the survey
                                        indicated that they attempt to negotiate a resolution of
                                        any violations rather than move to formal administrative
                                        or legal actions. Some states noted that it was difficult
                                        to demonstrate the efficacy of their enforcement
                                        activities because many of the problems were resolved
                                        on site in the field with informal agreements to abide by
                                        CZM restrictions or to restore resource damage.

                                6.2.3   Enforcement Actions. Enforcement actions typically
                                        precede from administrative actions involving orders to
                                        stop development or restore resource conditions and
                                        levying fines to legal actions, typically brought by the
                                        State's Attorney General.

                         6.3    Federal Reportin . Most of the states surveyed were
                                complying with the new Federal requirements. The
                                requirements include semi-annual tabulations of permit,
                                enforcement, and Federal consistency actions and an annual
                                narrative report.




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                             6.3.1 Semi-annual Tabulations. Only one of the states
                                   reported not complying with the required semi-annual
                                   statistical tabulations. 'nis state was not tabulating
                                   Federal consistency actions but was providing the Office
                                   of Coastal Resource Management (OCRM) with copies
                                   of individual consistency letters and declarations they
                                   issue.


                             6.3.2 Annual Narrative RUort. Two of the states reported
                                   not complying with the requirement to produce an
                                   annual narrative report evaluating progress toward State
                                   and national policy objectives. On the other hand, one
                                   respondent welcomed the annual report as an
                                   opportunity to do an informal evaluation of their
                                   program. They had proposed doing such an evaluation
                                   as an aid to program management, but had not been
                                   able to carry out a formal program evaluation. The
                                   same respondent also noted that they had been able to
                                   budget additional grant funds to support the
                                   preparation of the annual report.

                      6.4    [email protected] Size and Work Load. Agency size and work load
                             exhibited a wide range as might be expected given the wide
                             variation in agency responsibilities.

                             The state agencies surveyed ranged in size from Pennsylvania's
                             one man office to North Carolina's 40 person division. The
                             median size agency was between 5 and 8 people.

                             Total permits reviewed or issued ranged from the 150 per year
                             handled by the Bay Conservation and Development
                             Commission to the 1,000 State and General Permits issued by
                             the North Carolina Division of Coastal Management. The
                             median was 400 permits per year handled by the Washington
                             Department of Ecology's Shorelands Division.

                             Total investigations of violations reports ranged from 20 per
                             year to 160.




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                Hawaii Coastal Zone Management Program, Office of State Planning     Page 32








                            Staff work loads didn't show any consistent relationship to the
                            total work load of the state agency. Permit reviews per staff
                            member ranged from 22 to 160 per year with the median work
                            load being the 67 permits per year issued by North Carolina
                            staff. Investigations of violations ranged from a low of 7 per
                            year to 100 with the median being the 23 per year in
                            Connecticut.


                            This finding must be tempered by the difficulty of making
                            comparisons between states. What Washington means by a
                            permit review or a violations investigation may be quite
                            different from what is meant by that term in Connecticut.

                      6.5   Communication. Hawaii Planning Activities Support System
                            (HPASS) was a more ambitious system than any of the systems
                            used for either communication or information handling by the
                            states surveyed. Most state agencies relied heavily on standard
                            office practices and organizational communication methods.
                            This collection of conventional business practices include
                            regular face-to-face meetings, frequent communication by
                            phone, and transmittal of data by fax or mail. Many of them
                            are just now trying to develop the computer linkages that
                            HPASS was designed to create between State and County
                            agencies.

                            6.5.1 Objectives. State programs devise their communication
                                  systems to accomplish a number of objectives, including:

                                        Transmittal of Permit Status Information


                                        Transmittal of Enforcement Action Status
                                        Information


                                        Transmittal of Project or Violation Information
                                        and Analysis

                                        Requests for Assistance and Responses





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                                         Discussion and Establishment of Policy and
                                         Program

                                         Evaluation of Program Achievements

                                   Such objectives are logical and easily explained as
                                   necessary to accomplish the basic monitoring and
                                   enforcement responsibilities of any state CZM agency.
                                   However, two additional objectives recurred over and
                                   over in the comments of the state agency staff surveyed.

                                   First, many respondents emphasized the importance of
                                   creating and maintaining a network of agengy
                                   professionals who can and will mutually support each
                                   other's attempts to manage the coastal zone. They
                                   stressed how important it is:

                                         To make the communication system work for the
                                         people on the front lines;

                                         To keep communications "hassle free" and
                                         sensitive to the extreme time and attention
                                         demands placed on most workers in the system;

                                         To maintain continuity and long term
                                         relationships.

                                   Such a network supports and nurtures the cooperative
                                   effort necessary if permits and violations are to be
                                   processed efficiently and fairly.

                                   Secondly, respondents emphasized the importance of
                                   actively prompting and maintaining awareness of QZM
                                   goals, policies, and concerns within the local and State
                                   agencies and among the members of the public. 'Me
                                   objective is to keep all participants to the coastal zone
                                   management process up to date on the state agency's
                                   policies and programs so that CZM concerns are




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                Hawaii Coastal Zone Management Program, Office of State Planning     Page 34








                                          incorporated in public and private decisions about use
                                          of coastal resources right from the beginning.

                                          As one informant put it, "Tbey may not like us or what
                                          we stand for, but they do know what we stand for, and
                                          that we will be actively involved in any coastal actions.
                                          As a result, they have to include our concerns in their
                                          decisions."


                                   6.5.2  Formats. A number of innovative communication
                                          formats are used by the surveyed states to accomplish
                                          these two objectives.

                                          Among the formats used to create and maintain a
                                          mutually supportive network of professionals are:

                                                 Frequent informal one-to-one communication and
                                                 visits associated with continuity of personnel,
                                                 program, and policy. (nis is seen as necessary if
                                                 the CZM agency is to be viewed as a reliable,
                                                 supportive, and consistent actor in the planning
                                                 and management of the coastal zone.)

                                                 Annual helicopter overflights by local CZM
                                                 managers and Pennsylvania's State CZM officer
                                                 to view coastal development activities and
                                                 resource conditions.


                                                 Clearinghouses and joint review sessions which
                                                 bring together all of the reviewing and permitting
                                                 agencies to consolidate comments and potential
                                                 conditions at one time in one place.

                                                 An on-line terminal system that allows North
                                                 Carolina's Central Office and Field Offices to
                                                 easily exchange messages, documents, and data
                                                 electronically.





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                     Hawaii Coastal Zone Management Program, Office of State Planning              Page 35









                                    Communication formats used to promote and maintain
                                    public and private awareness of CZM 12oligy and
                                    programs include:

                                          Public awareness programs that inform agency
                                          staff, developers, and citizens about the CZM
                                          program, the permit process, the nature of
                                          violations, and the enforcement process.

                                          Publication of newsletters and regular mailings to
                                          interested parties to insure knowledge of coastal
                                          issues, pending projects, or process or program
                                          changes.

                                          Publication by Washington's CZM office of
                                          training handouts advising local and State agency
                                          staff on technical details of the CZM law,
                                          program, or permit or enforcement processes.

                                          Use of formal commissions or councils to approve
                                          permits or to set program direction.

                       6.6   Information Management. The information management
                             systems used by the surveyed state programs reflected the
                             current established systems used by most public and private
                             offices. None had attempted to establish a computerized
                             information management system with the objectives of both
                             tracking permits and violations and providing a planning
                             database as was attempted with HPASS.

                             6.6.1 Objectives. State CZM agencies need to collect and
                                    manage information in order to:

                                          Track the status of permit and enforcement
                                          actions;

                                          Describe the permit or enforcement action
                                          (location, type of action or violation, coastal
                                          resource or hazard affected, etc.);



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                Hawaii Coastal Zone Management Program, Office of State Planning       Page 36








                                          Store and retrieve copies of the formal permit
                                          application or violation documents;

                                          Store and retrieve data and analytical results
                                          useful for determining impacts of coastal resource
                                          use.


                             6.6.2  Methods. Most of the states surveyed had permit
                                    tracking Ustems in varying states of computerization.
                                    Typically, these systems could be searched by keywords
                                    to identify those permits with certain characteristics
                                    (affecting estuarine habitats, for example).

                                    One of the most innovative of these is the Wisconsin
                                    CZM program's permit tracking database which is
                                    created by extracting and comparing permit information
                                    from both the Wisconsin Department of Natural
                                    Resources' permit files and from the U.S. Corps of
                                    Engineers' permit files.

                                    Some of the states with permit tracking systems hope to
                                    combine these tracking systems with a.Geographic
                                    Information System (GIS) at some point in the future.
                                    Washington has an operational GIS, but it is not used
                                    by the CZM program for analytical purposes or permit
                                    tracking.

                                    At the other spectrum, Pennsylvania's sole State CZM
                                    officer uses a purely manual system to track coastal
                                    activities. Manual systems do have the adva 'ntage of low
                                    cost and ease of use. However, the costs of using them
                                    mount as the complexity and number of permit and
                                    enforcement records mount. Because of problems of
                                    searching their manual system for permit information
                                    such as what conditions had been applied, South
                                    Carolina is moving to computerize all their permit
                                    records.







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                Hawaii Coastal Zone Management Program, Office of State Planning      Page 37



                                                                 ---- -- -----







                7     Recommendations for Hawaii's Current
                      Monitoring Program


                      7.1    Actions to Improve Rel2orting by Counly Agencies. The State
                             HCZMP office should do the following to assist the Counties
                             in their CZM data management and reporting.

                             7.1.1 Request the counties to submit data in a simplified and
                                   unified format for use by HCZMP in some sort of
                                   microcomputer database. The counties could use their
                                   existing microcomputers and send data disks or use dial-
                                   up modems. Compliance with this suggestion could
                                   include:


                                         At a minimum, use of a uniform database format
                                         (not necessarily the same database software, but
                                         at a minimum software which can produce a
                                         common file format like ASCII or DIF);

                                         It might be desirable to have dedicated
                                         microcomputers in each county CZM office. In
                                         that case, HCZMP could assist in obtaining
                                         suitable microcomputers and several copies of an
                                         appropriate database software for each county
                                         and for HCZMP, or just the software if that
                                         county has access to an appropriate
                                         microcomputer. This suggestion has an advantage
                                         of complete uniformity.

                             7.1.2 Set up the system for the counties to track SNIA's with
                                   the same core of each database. Each county could
                                   customize the database as they wished for their own
                                   uses, but they would send the core of information to
                                   HCZMP which would meet the OCRM reporting
                                   requirements. HCZMP would dump those files into
                                   their own microcomputer database and could compose
                                   their reports. This would permit HCZMP to easily file
                                   the semi-annual tables to OCRM based on



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                              electronically loading the county files rather than hand-
                              punching the information. The counties would save
                              effort by having one-time-only data entry.

                  7.2   Actions to Improve Reporting to Assist the State HCZMP
                        Office. The State HCZMP office should do the following to
                        improve efficiency in its monitoring and reporting.

                        7.2.1 HCZMP would customize their own database to track
                              all the other information they now receive such as
                              permit notices, permit applications and decision notices.
                              They could keep narrative information about each
                              permit action, federal consistency declaration, other
                              State action, CDUA, or OCRM grant and then prepare
                              draft reports from the data base. By so tracking data
                              and entering data daily, actual reporting would be
                              relatively straightforward at the required quarterly,
                              semi-annual, or annual intervals. When the above
                              program is setup and working properly, HCZMP should
                              shutdown the Wang HPASS system after making the
                              files available in PC format.

                        7.2.2 According to the current federal reporting guidelines it
                              appears that if additional detail is required from the
                              states (for example, acres of wetlands), that this
                              information would be submitted on a one-time basis to
                              serve as a baseline to measure change. At present, such
                              data is not required from the counties or the state. If it
                              should be required, such data fields could be added to
                              the proposed data base system of reports.

                  7.3   Actions to Meet Annual Federal Req-uirements. In addition to
                        providing the information required in Chapter 4 (Federal
                        Standards for a CZM Monitoring Program), the HCZMP
                        should consider the following actions which would also provide
                        a key step in implementing the new mission component which
                        strengthens the coastal zone planning mandate.





            Evaluation of the Monitoring and Enforcement Program        June 30, 1990
            Hawaii Coastal Zone Management Program, Office of State Planning Page 39








                              participation and awareness. This is especially true in
                              identifying planning needs or pinpointing violations. It seems
                              to be especially required for State agencies if they are to
                              continue to submit information on a strictly voluntary basis to
                              the HCZMP office.


                              7.4.1  Make the "awareness program", especially for State and
                                     County agencies, more active. T'his program is vital to
                                     obtaining a more unified and assertive CZM planning
                                     effort at the state level. This would aid to improve the
                                     CZM planning and coordination among state agencies.

                                           HCZMP should consider use of a periodic news
                                           letter which could be published directly by
                                           HCZMP or initially use the OEQC Bulletin
                                           because of its relatively large circulation and
                                           biweekly publication. This is particularly
                                           important for improving communication regarding
                                           the issuance of rules and regulations by state and
                                           federal agencies.

                                           Consider more intensive use of the OEQC
                                           Bulletin for publishing HCZMP program
                                           information and semi-annual statistics. Use of the
                                           Bulletin seems a logical and inexpensive way to
                                           reach more state agency planners especially. An
                                           advantage of the Bulletin is that the mechanism
                                           to publish and distribute is already in place.

                                           The concept of a dial-up modem bulletin board
                                           for CZM information-sharing between agencies is
                                           appealing because it would permit agencies to
                                           query each other in cases where they did not want
                                           to telephone. This would also permit
                                           conferencing--a useful management tool. If the
                                           state CZM data files were to become operational
                                           as originally set-up in H-PASS, they could be a
                                           part of this bulletin board and could be queried
                                           by type of action, location, date, or whatever by



                 Evaluation of the Monitoring and Enforcement Program               June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning       Page 41








                                               agencies seeking comparable actions during
                                               permit/project review. However, maintenance of
                                               such a bulletin board would add to HCZMP's
                                               workload, and there is an inconvenience to users
                                               in that for the system to be effective, they must
                                               query it regularly.

                                 7.4.2 HCZMP's awareness programs could be of use,
                                        particularly with federal agencies, particularly the Navy,
                                        who have wide responsibilities of a defense nature in
                                        Hawaii's coastal zone.


                                 7.4.3  HCZMP might consider a variety of media to aid in the
                                        awareness program. For example a brochure which
                                        outlines program goals, achievements, and
                                        responsibilities on the part of agencies and the public
                                        should be widely distributed and available in many
                                        places around the state. OEQC has the "EIS Handbook
                                        for Hawaii" which was financed in part by CZM funds,
                                        for example.

                                 7.4.4  Consider use of semi-annual field trips in addition to
                                        quarterly site visits to inspect special problem areas
                                        such as loss of public access or marina development.
                                        The use of helicopters for these trips would be cost-
                                        effective and would permit a better view of coastlines
                                        than from land.


                         7.5     Actions to Improve Resource Management Information.
                                 Following are some suggestions related to the overall issue of
                                 improved coastal resource management in the context of the
                                 monitoring program and its various components.

                                 7.5.1  Hire a coastal engineer, or contract such services from a
                                        firm for, say one year as a trial. These skills would be
                                        applied in the awareness/outreach programs and for
                                        technical support in permit review, or to assist counties
                                        so that they do not have to rely on the private sector for




                  Evaluation of the Monitoring and Enforcement Program                      June 30, 1990
                  Hawaii Coastal Zone Management Program, Office of State Planning               Page 42









                                    coastal engineers (there probably are not many of these
                                    on the neighbor islands).

                              7.5.2 Work with OSP and other state agencies to investigate
                                    and develop a statewide planning database which would
                                    fulfill the original goals of H-PASS. This seems to be a
                                    desired and necessary service, but it cannot be met by
                                    CZM. The state has a GIS which comprises a portion
                                    of such a system. The state is planning data interlinks
                                    as well.


                              7.5.3 Work with other state agencies to develop a statewide
                                    weekly or biweekly bulletin for all public notices
                                    including the OEQC Bulletin. This would probably be
                                    cost effective considering the present amount of time
                                    individual agencies put into handling their own public
                                    notices, etc. Such a bulletin would include CIP, which
                                    was the most frequently queried category of information
                                    in the HPASS. Submittals to the bulletin could be
                                    made by modem from each agency so that the bulletin
                                    publisher's job would be merely a matter of printing,
                                    maintaining a mailing list and mailing.























                Evaluation of the Monitoring and Enforcement Program               June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning        Page 43







                 8     Proposed HCZMP Monitoring Program


                 Following is a discussion of specific actions which should be taken to
                 implement the proposed HCZMP Monitoring Program. 'Mis discussion
                 covers the main features of such a system and where possible includes a
                 cost and benefit evaluation. It should be noted that the basic outline and
                 key features of the proposed program have been discussed with County and
                 State agencies in a workshop held on April 19, 1990, and that they are in
                 general agreement with it.

                       8.1    Pilot Microcomputer System in HCZMP Office. Acquire a
                              microcomputer system and commercial data base software and
                              install this system in the HCZMP Office. Set up the software
                              to establish the full data base parameters as described in this
                              report for a revised monitoring program. Operate this system
                              for a few months to the point of satisfactory operation. If the
                              project is successful, assists the HCZMP office in meeting
                              reporting requirements, and is within the cost parameters
                              shown below, plan to acquire and install similar systems in
                              each County in order to achieve real efficiency in reporting.
                              Preparation of the data base software would include the
                              design of all the requisite input forms and screens which
                              would produce the reports required of HCZMP by OCRM as
                              discussed in Chapter 4 (Federal Standards for a CZM
                              Monitoring Program and in the Appendix).

                       8.2    Implement an Evaluation Tracking Form. The new reporting
                              form (two pages, see Exhibit 4) which would be required for
                              aany action in the coastal zone actually accomplishes the
                              purpose of some of the previously required H-PASS forms,
                              which would be abolished with the shut-down of H-PASS. It
                              would produce a companion form which would summarize for
                              reporting purposes the status of the HCZMP in achieving the
                              goals of Chapter 205A.

                       8.3    Install Microcomputer Systems in Each County CZM Office.
                              This is a similar task to that described above. The major
                              difference is that technical and software support, and training



                 Evaluation of the Monitoring and Enforcement Program               June 30, 1990
                 Hawaii Coastal Zone Management Program, Office of State Planning        Page 44







                          Exhibit 4: Page 1 (Typical Form, Sample Data Only)

                          ANNUAL OR QUARTERLY REPORT: HCZMP MONITORING OF STATE AND COUNTY COMPLIANCE WITH CHAPTER 205A, HRS OBJECTIVES
                                             Summary of scores for all Coastal Actions in the State (0 to I                              loss, I       no change, greater than 1                   contribution)
                                             .. .......................... ....... . X...
                                                                                                  . ..........
                                                                                ........... .. ...........
                                                        .... .. . ...            ...*..... . .
                                                   ......  .......... .      .... ....     .. .
                                  YEAR:                                                           ..............
                                                                        ......                    ...........
                                                                                                             ..............

                                                             ..........          .....
                                                            ...........                           ............
                                                           .............. ........ ........ ...... ................
                                                   ......   ..........         . .......    ..... ..............
                                                                                                                                             1                    2                      3                       4             Annual
                                                     The 7 HCZMA Objectives in Chapter 205A-2                                           Qrtr                   Qrtr                   Qrtr                   Qrtr            Average


                                             1                Provide Public Accessible Recreation                                      1.20                   1.00                   1.40                   0.60                   1.05


                                             2                      Protect/Restore Historic Resources                                  1.00                   1.20                   0.80                   1.00                   1.00


                                             3                      Protect/Improve Scenic Resources                                    0.60                   1.00                   0.80                   1.40                   0.95


                                             4                                          Protect Ecosystems                              0.20                   0.80                   0.60                   0.40                   0.50


                                             5    Economic Development in Suitable Locations                                            1.80                   2.00                   1.20                   1.60                   1.65


                                             6                  Reduce Hazards to Life and Property                                     1.20                   1.40                   1.20                   1.40                   1.30
                                             7-              Improve Development Review Processl                                        1.00                   1.00                   1.00                   1                      1.00

                          TOTAL NUMBER AND TYPE OF HCZM COASTAL ACTIONS
                                                                                                                                             1                    2                      3                       4              Annual
                                                                                                  Type of Action                        Qrtr                   Qrtr                   Qrtr                   Qrtr                   Total
                                                                                                          CDUA's                          20                     40                     50                     35                   145
                                                                                                   Major SMA's                            80                   120                      90                     75                   365
                                                                                      Other Coastal Actions                                  2                    5                      7                       9                    23
                                                                                              Coastal Projectsi                              7                    9                      5                      10                    31
                                                                                                                Total                   109                    174                    152                    129                    564



                          Notes:             1) The numbers in each row reflect an average of the evaluations of all significant HCZM actions (major SMA's, CDUA's,
                                             State, Federal and private projects, and other coastal actions).
                                             2) Chapter 205A does not provide a weighting for comparison of one objective against another.
                                             3) Normally, when a permit is issued or a project approved (usually through the EIS process), that review Implies conformance
                                             (from the standpoint of an individual agency) with the requirements of Chapter 205A.
                                             4) This report reflects a Statewide assessment of compliance with Chapter 205A.
                                             5) Quarterly scores = total of scores for each action/total actions per quarter. Annual scores are the average of the quarterly scores,







                        Exhibit 4: Page 2 (Typical Form, Sample Data Only)

                        ANNUAL OR QUARTERLY REPORT: HCZMP MONITORING OF STATE AND COUNTY COMPLIANCE WITH CHAPTER 205A OBJECTIVES
                                        Score for any SMA/CDUA permit, other coastal ac; ion, or pr 'ect in the State (0                             loss, 1     no change, 2         contribution)
                                                                                    Name of Project
                                                                                                                      x
                                                                                               Location.
                                                                                                    TMK.
                                                                                                                  i::: @jx:: 'j.: j: @: @j: j: @: 'j.: j. j::: i:::
                                                                                                               U  -...:u
                                                                   Type of Project/Action/Permit:
                                                                              Level of Government: St 0
                                                     Point of Contact and Telephone Number:                                                 X. :X:
                                                                                                                                               ... :-:;X-::X.-:::-X
                                                                                                                                            .............X
                                                                                                                                                                                                       ..... .........
                                                                                                                                                                                                       ..........
                                                                                                                                                                                          ..........
                                                                                                                           ......................
                                                                                                                                               .....                                  ..... ......
                                                                                                                                                                                              .........
                                                                                                                                                                                             ..........
                                                          Name of Person Entering Information
                                                                                                                                                                                           .............
                                                                                                                  ..............
                                                                                                                  ................
                                                                                                                                               .....                                  .....
                                                                                           Date of Entry
                                                                                                                                 . ...... 1.   .....
                                                                                                                                                                                   ............
                                                                                                                                               ...............                     ...... ...
                                                                                                                                                 ...... . ......                      ....................
                                                                                                                                                                                   ...........................
                                                                                                                                               . ... .....                         .....
                                                                                                                                   ....... .. ..............
                                                                                                                                               ... .....                           ...... ....................
                                                                                                                                               ..........                          .............................
                                                                                                                    Row:
                                                                                                                                                                                      ....................
                                                                                                  Agency: 0"H                                  ... .....   ...                     .... ....................
                                                                                                                                                                                      ...................


                                                The 7 HCZMA Objectives in Chapter 205A-2                          Score


                                       1                Provide Public Accessible Recreation


                                       2                    Protect/Restore Historic Resources


                                       3                    Protect/improve Scenic Resources


                                       4                                        Protect Ecosystems

                                       5      Economic Development in Suitable Locations:

                                       6                  Reduce Hazards to Life and Property

                                       7               Improve Development Review Process::

                        Notes:          Enter the score which best reflects the impact towards meeting the HCZMA objective.
                                        Enter 0 for a loss, 1 for no change, 2 for a contribution.


                                                                                                                             .. ........    .... .. . ......

                                               ...........                                             ...
                                                                                                                             ...............
                                                                                                                                   ............ ... .
                                         .....................            ... ..
                                                                                      X.                             X
                                                                                                                           ............ ......... .......
                                                                                                               N
                                                                                                  ....         .. . .....
                                                                                                  ..........                                ... .
                                                                                                                               ....            ..........
                                                                                                                           .. . . .........


                                                .. ......                  ...
                                                                                                  .. ........
                                                                                                       .............
                                                                         .. ..........
                                                ..........                                                     . .....
                                                                                                       ...... . ..                   ....   ........
                                                                                                       ...... . .            .. . .... . .
                                                                                                                                            ..... . ...
                                                                            ..... ..                                       ..... .
                                                                                           ..................................
                                            ..... .........
                                          XX                                                                                       ...... .. .
                                                                                                                                            ......... ..
                                                                                                                                   .........




                                                                                           ...... ................. ...............
                        Conditions:                                                        X, ....I .....I........... ......  .......
                                                                                           . .......................                           ...
                                                                                           ................................I  ..........
                                         X
                                                                                                                     ..........
                                                                                                                                                                     ............
                                                                                  ....     ...... ...... .....        ......
                                                                                           ..... ........ ......... ......                     ...
                                                                               .... ...    ................ ........ ....                      ...
                                                                               ... ...     ..................................
                                                                                                                                   .........
                                                                                                  X
                                                                           .X
                                                                                  ....            .. .... .
                        Comments:

                                                                                                               ........                        ...
                                                                                  ....                         ........
                                                                                  ...                          ........
                                                                                                       ..... ......           . I ......
                                                                                           ..............
                                                                                      . .. ............. .. .... ...........
                                                                               . . ...     ... ................ ...............
                                                                                           ............ . ...............                               . ....
                                                             ......          ... .. .      ....... ........ . . .........
                                                                                                                                                                               ... .....
                                                                                                                                                 ..........
                                                                                           ........... ..... . ........
                        Violations:
                                                                                           .....................                                                     .........
                                                                                                                                            .. . .......      . ........           ........
                                                                                                                                            . . ............
                                                                                                                                            ......................  ..........
                                                                                                                                                 . ........
                                                                                                                                                                 .:X:
                                                                                                                                                                                -X,
                                                                                           .........................                                       ....      .........                  ....
                                                                                           ... ........ ......                                              ...      ..........                 .... ....
                                                                                           .......... . ..                                                           .... ....... X,
                                                                                           ............. ...........                                                                                XXX
                                                                                                               X.                           .... . ............
                                                                                                                                            . . ............
                                                                                                                                                   ...... ..
                                                                                           ..................... .                          ... ......
                                                                                  X.X.
                                                                                                               ':                           ............          ....X
                                                                                                               .... . . .. . . . .... . . .    .......
                                                                                           . . . .. . . ... ..                                     .........         . .....                    ....
                                                                                                                                                                     .........



    MMMMM mmmmm MIM



                   Exhibit 5: Financial Analysis of Proposed HCZMP Monitoring Program
                   Note: Estimates are for planning and are not intended as a basis for procurement.


                                                                                                          Life-Cycle
                                                                           Cost Items          Rate            Years         Location   Stations Equipment            Services        Totals
                        Pilot Project, Statewide System Specs, Database, Training                                               State            1     $10,240        $50,000     $60,240
                                           Hardware, Software, Installation, Training                                        County              4     $40,960        $50,000     $90,960
                                                                   Total Capital Cost                                                                  $51,200        $100,000    $151,200
                                                                Average Annual Cost             10%                5                                   $13,506        $26,380     $39,886

                       Annual Operation, Maintenance, Updates (0/o of Cost Basis)                6%                   State & Cntys              5      $3,072                      $3,072
                                                                                 Total                                                                                            $42,958


                                                                   Monetary Benefits
                                        Annual Maintenance H-PASS Cost-Savings                                        State & Cntys              5     $34,000
                                         Estimated Annual Personnel Cost-Savings                                      State & Cntys              5     $18,186
                                                                                 Total                                                                 $52,186                    $52,186


                     Benefit to Cost Ratio (Benefits/Costs      Benefit to Cost Ratio)                                                                                                  1.21
                     Annual Net Benefits (Benefits - Costs      Annual Net Benefits),                                                                                               $9,228


                                                                                                                   Estimate of Hardware and Software Costs
                                                                                                                                                            Each
                                                                            Equipment          Rate                        OSP/CZM                      County
                             IBM-PC or clone, Intel 386 Processor, VGA Graphics                                              $3,000                     $3,000
                                                            125 Meg Hard Disk Drive                                          $1,000                     $1,000
                                                                        Tape Back-up                                            $800                       $800
                                                                         Laser Printer                                       $2,000                     $2,000
                                                                      Battery Backup                                            $800                       $800
                                                      Accessories and Contingency               15%                          $1,140                     $1,140
                                                                              Softwarel                                      $1,500                     $1,500
                                                                                 Totall                                      $10,240                   $10,2401

                                                                                                               Estimate of Personnel Cost-Savings, Annually
                                                                             Personnel                   Personnel Hrs per Week         $ per Hr     Ann. Total
                                                                                 State                             2               10           50      $4,330
                                                                               Count                               8                 8          50     $13,856
                                                                                 Total,                                                                $18,1861



                                                                                                                                                             CZM BCR.XLS, 5/31/90, 9:05 AM, Page I








                                  must be supplied routinely as part of this action, initially for a
                                  period of one year and possibly longer. The financial analysis
                                  shown in Exhibit 5 includes a cost category for this. When this
                                  action is accomplished, all previously required H-PASS forms
                                  would no longer be needed.

                                  8.3.1  Exhibit 5 provides an estimate of annual costs and
                                         monetary benefits which could be achieved if the
                                         proposed new systems were implemented. T'he value of
                                         capital (interest rate) is shown as 10 percent annually,
                                         and the life-cycle of the hardware and software is shown
                                         as a relatively short 5 years. These are conservative
                                         assumptions and either lowering the cost of capital or
                                         lengthening the life-cycle would create significantly
                                         lower costs. Even so, the average annual cost for a 5
                                         year payback period is just under $43,000.

                                  8.3.2  The annual monetary benefits from the proposed system
                                         are estimated to be a little over $52,000 over the same 5
                                         year period. The benefits include savings in staff time
                                         and savings of maintenance expenses for the existing
                                         Wang VS system.

                                  8.3.3  The net benefits over $9,200 annually and there is a
                                         benefit to cost ratio of 1.21. This analysis implies a
                                         substantial cost-savings over a 5-year project life with a
                                         considerably improved monitoring program. The
                                         program would include the implementation of
                                         microcomputer data base capability in each county as
                                         well as in the HCZMP office. The ultimate benefit
                                         would be improved monitoring and reporting at a cost-
                                         savings over present conditions.

                                  8.3.4  The financial analysis does not take into account the
                                         intandble benefits (those which cannot be easily
                                         converted into dollar values). These include:

                                                Increased staff time made available for field
                                                inspections.



                   Evaluation of the Monitoring and Enforcement Program                        June 30, 1990
                   Hawaii Coastal Zone Management Program, Office of State Planning                 Page 45








                                          0     Establishment of an improved basis for coastal
                                                planning to serve the new mission requirements.

                                          0     Establishment of a monitoring program which can
                                                identify trends and patterns in both the issuance
                                                of permits as well as in violations.

                                          0     Introduction of a uniform reporting standard for
                                                all CZM networked agences (the evaluation
                                                tracking form, see below).

                                          0     Improved reporting to OCRM to meet the new
                                                requirements.

                          8.4    Shutdown H-PASS and Convert Data Files to PC Format.
                                 This step allows the full achievement of the proposed cost-
                                 savings and would release valuable office space as well. Data
                                 files can be made available to agencies who have a valid use
                                 for them. Ultimately, the data files might be useful for a long-
                                 term analysis of the entire program.

                          8.5    Implement Miscellaneous Actions. These are described in
                                 Chapter 7 and consist of a variety of actions to improve
                                 inspections, communication, awareness, and ultimately, the
                                 reporting which is so vital to the monitoring program.

                          8.6    Define Standards and Procedures


                                 8.6.1    Req 'uirements for Coun1y Compliance: The HCZMP
                                          office will be developing an automated monitoring and
                                          enforcement program. A major focus of the effort will
                                          be to provide the counties with an automated system to
                                          track permits and enforcement actions, and prepare
                                          data to comply with CZM requirements. During the
                                          development process, the counties will provide quarterly
                                          reports to the CZM office.






                   Evaluation of the Monitoring and Enforcement Program                       June 30, 1990
                   Hawaii Coastal Zone Management Program, Office of State Planning                 Page 46








                                         On a quarterly basis, the counties must submit a
                                         report containing at minimum the following
                                         information:


                                               Statistics of major and minor special
                                               management area (SMA) permit actions
                                               and shoreline variances, including the
                                               number of applications received and
                                               approved. Major permits are required for
                                               projects over $65,000 or projects that will
                                               have significant impact on coastal areas.

                                               Summary and status of the most
                                               controversial SMA permits and shoreline
                                               variances, including projects, decisions, and
                                               justification for the decisions.

                                               SMA permit hearing dates and outcomes

                                               Emergency permits

                                               Summary of monitoring and enforcement
                                               actions


                                               Summary of violations

                                         Once the automated monitoring and enforcement
                                         program is completed, the counties will receive a
                                         database system for tracking permit and
                                         enforcement data. At this point, the counties will
                                         have the option of using their own database
                                         systems, or using the CZM database system to
                                         submit data to the CZM office. If the counties
                                         use their own database systems, the data they
                                         submit to the CZM office must have the same
                                         information required by the CZM database
                                         system, and must be submitted in a format
                                         consistent with the CZM database system.




                Evaluation of the Monitoring and Enforcement Program            June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning     Page 47








                             8.6.2 Monitoring Criteria: To get consistent information from
                                   the counties, and to provide automated tools for
                                   analyzing county data, consistent and measurable
                                   monitoring criteria were established. These criteria
                                   were established to give the CZM office a quantitative
                                   method for finding patterns and trends in county
                                   enforcement actions. These criteria were developed
                                   with the understanding that enforcement decisions are,
                                   to a large degree, subjective and depend upon the
                                   reviewer 's discretion.


                                          All permits will be classified according to the type
                                          of permit, for example sea wall or boat launch.
                                          'Me automated monitoring and enforcement
                                          system will require that all permits be classified.
                                          This will give the CZM office the means to
                                          categorize permits, and analyze trends in the
                                          specific categories.

                                          All Major permits must be evaluated and rated in
                                          the seven areas defined in Chapter 205A:

                                                Recreational resources - will the
                                                development provide coastal recreational
                                                opportunities accessible to the public?

                                                Historic resources - will the development
                                                protect, preserve, and where desirable,
                                                restore resources that are significant in
                                                Hawaiian and American history and
                                                culture?


                                                Scenic and open space resources - will the
                                                development protect, preserve and, where
                                                desirable, restore or improve the quality of
                                                coastal scenic and open space resources?

                                                Coastal ecosystems - will the development
                                                protect valuable coastal ecosystems from



                Evaluation of the Monitoring and Enforcement Program              June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning       Page 48








                                                       disruption and minimize adverse impacts on
                                                       all coastal ecosystems?

                                                       Economic uses - will the development
                                                       provide public or private facilities and
                                                       improvements important to the State's
                                                       economy in suitable locations?

                                                       Coastal hazards - will the development
                                                       reduce hazard to life and property from
                                                       tsunami, storm waves, stream flooding,
                                                       erosion, and subsidence?

                                                       Managing development - will the
                                                       development improve the review process,
                                                       communication, and public participation in
                                                       the management of coastal resources and
                                                       hazards?


                                                A rating will be given to major permits in each of
                                                the seven categories. The rating will indicate the
                                                degree to which the permit will positively or
                                                negatively affect the coastal zone in the specific
                                                category. The rating will also provide for
                                                mitigating conditions, where negative impacts in
                                                one category are compensated for by positive
                                                impacts in another category. The database system
                                                will track ratings and record gains and losses in
                                                each category, including the gains and losses that
                                                result from mitigating conditions.

                                 8.6.3  Procedure Manual: To improve the communication
                                        between network agencies and provide support for the
                                        automated system, a CZM Monitoring and Enforcement
                                        Procedure Manual must be written. The Procedure
                                        Manual must be brief, concise, and easy to understand.
                                        The Procedure Manual will be updated periodically by
                                        the CZM office and distributed to all network agencies.
                                        All network agencies will refer to the Procedure Manual



                  Evaluation of the Monitoring and Enforcement Program                        June 30, 1990
                  Hawaii Coastal Zone Management Program, Office of State Planning                 Page 49








                                   as the central guide to monitoring and enforcement
                                   activities. The Procedure Manual should include the
                                   following sections:

                                         CZM objectives

                                         The Objectives section will briefly outline Federal,
                                         State, and County objectives for coastal zone
                                         management.

                                         Network agency and position responsibilities

                                         T'his section will describe the CZM network
                                         agency organization. This section will precisely
                                         define the role of each network agency, the
                                         relationships between agencies, and the
                                         responsibilities of specific people in each agency.

                                         Compliance procedures and standards

                                         This section will contain step-by-step procedures,
                                         and clearly defined standards for CZM
                                         monitoring. The procedures will define the steps
                                         the network agencies must follow to comply with
                                         CZM objectives, including report submission and
                                         data transfer. The standards will include report
                                         formats, database formats, and communications
                                         protocols.

                                         CZM system user guide

                                         The User Guide section will contain instructions
                                         for operating and maintaining the automated
                                         CZM monitoring and enforcement system. This
                                         guide should contain a section for novice users
                                         who need to learn the system, and a section for
                                         advanced users who need short cuts and a
                                         reference guide.




                Evaluation of the Monitoring and Enforcement Program            June 30, 1990
                Hawaii Coastal Zone Management Program, Office of State Planning    Page 50








                                           Directory of agencies, contacts, phone, and fax
                                           numbers


                                           The Directory section will list all the agencies and
                                           contact people that make up the CZM monitoring
                                           and enforcement network. This section will give
                                           new staff members access to all the resources in
                                           the CZM program, and give established staff
                                           members a convenient reference of contacts in the
                                           CZM program.

                       8.7 Phase out H-PASS

                              8.7.1 Summary evaluation of H-PASS

                                           H-PASS was originally designed to meet
                                           Statewide planning needs. In it's original
                                           incarnation, the H-PASS system provided a
                                           centralized database that State and county
                                           agencies could use to access planning information.
                                           Most of the agencies that entered planning data
                                           into the system have phased out use of the H-
                                           PASS system, or plan to phase out use in the near
                                           future.


                                           The main reason use of the H-PASS system has
                                           declined is that the system is difficult to use, and
                                           the effort and cost required to enter data into the
                                           system did not justify the benefits gained. In
                                           addition, high maintenance costs and technical
                                           problems led many agencies to stop entering data
                                           into the H-PASS system. Finally, as the quality of
                                           information provided by H-PASS declined, the
                                           State and county agencies developed their own
                                           systems to meet their needs.

                                           Currently, the CZM office is the main user of the
                                           H-PASS system. The H-PASS system does not
                                           provide the data analysis capabilities needed by



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                 Hawaii Coastal Zone Management Program, Office of State Planning        Page 51









                                       CZM decision makers. In addition to the
                                       cumbersome user interface, technical problems,
                                       and data integrity problems faced by all of the
                                       network agencies, the CZM offices must pay the
                                       high cost required to maintain the H-PASS
                                       system.

                                       Based on a review of the H-PASS system and a
                                       preliminary review of CZM requirements, it is
                                       clear that the H-PASS system should be phased
                                       out. The time, cost, and manpower required to
                                       use the H-PASS system can be more effectively
                                       used by developing a PC-based system for the
                                       CZM office.


                                       A PC-based system can provide the data analysis
                                       capability required by CZM decision makers. A
                                       graphical user interface can make the PC-based
                                       system more intuitive and easier to use than the
                                       H-PASS system. A custom designed CZM system
                                       will provide exactly what decision makers need. A
                                       custom system will also eliminate the need to
                                       enter irrelevant Statewide planning information
                                       required by H-PASS.

                           8.7.2 Preserving H-PASS data

                                       If the H-PASS system is phased out, the database
                                       should be preserved and archived. Roger Evans
                                       (DLNR) requested that CDUA permit data be
                                       copied to tape. DLNR will be developing their
                                       own database system, into which they plan-to load
                                       the CDUA data. Dave Parsons (DOT - Harbors)
                                       has also expressed an interest in planning data
                                       stored on the H-PASS system. If an automated
                                       CZM monitoring and enforcement system is
                                       developed, useful H-PASS data can be converted
                                       and loaded into the new system.




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                                                  There will be costs associated with the conversion.
                                                  Before the data is converted, the CZM office
                                                  must determine if the costs of converting the data
                                                  outweigh the costs of reentering the data. The
                                                  conversion process could include the following
                                                  steps:

                                                         Define specifically what H-PASS data files
                                                         and records will be converted;

                                                         Connect a Wang or compatible
                                                         microcomputer with a hard disk to the
                                                         Wang minicomputer that is running H-
                                                         PASS;

                                                         Using Wang utilities, download the selected
                                                         files and records from the minicomputer to
                                                         the microcomputer;

                                                         Convert the data from Wang database
                                                         format to ASCII or directly into the format
                                                         of the new database;

                                                         Upload ASCII data or converted data into
                                                         the new database system;

                                                         Edit and correct the converted data.


                          8.8     The responsibility of the CZM office is to collect and analyze
                                  information from the network agencies to determine if they
                                  arc in compliance with CZM objectives. Because of the large
                                  volume of information that is collected, and the small CZM
                                  staff, an automated system will be needed to streamline coastal
                                  zone monitoring and enforcement. This section describes the
                                  basic functions an automated system should provide, and a
                                  plan for implementing an automated system.







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                           8.8.1 System Functions:

                                        Data entry functions:

                                              The counties have developed or will soon
                                              be developing their own systems. The
                                              counties should have the ability to use their
                                              own systems to enter data. This will ease
                                              the burden on the counties by eliminating
                                              redundant data entry.

                                              Define a format for reporting data that is
                                              consistent with the CZM database. Inform
                                              the counties of the reporting requirements
                                              as soon as possible. This will allow them to
                                              design their systems around the reporting
                                              requirements.

                                              Develop a database system for the counties
                                              to use. Give the counties the choice of
                                              using their own system and converting data
                                              into the CZM system or using the CZM
                                              system directly. If a county elects to use it's
                                              own system, then it must bear the burden of
                                              converting data.

                                              The user interface to the database system
                                              should be graphical and intuitive. The
                                              interface must simplify data entry. The
                                              system should make it as easy as possible
                                              for State agencies and counties to comply
                                              with CZM objectives.

                                        Data analysis functions:

                                              Measurable enforcement criteria will make
                                              it possible to analyze and summarize data.
                                              The system must be flexible to allow the
                                              CZM office to establish and change



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                                         measurement criteria such as categories of
                                         permits and rating scales.

                                         The main purpose of the analysis is to
                                         detect trends and patterns of non-
                                         compliance. The system should provide a
                                         "red flag" indicator of potential enforcement
                                         problems that require further attention and
                                         detailed analysis.

                                         Provide a means for County CZM offices
                                         and other networked agencies to query an
                                         historic CZM data base. Give networked
                                         agencies access to their own data, historical
                                         data, and the actions of other agencies.

                                   Reporting functions:

                                         Automate report production for CZM
                                         office and network agencies.

                                         Provide summary reports on data analysis
                                         results, especially the "red flag" problem
                                         indication. Produce reports that will help
                                         the CZM office focus it's efforts.


                                         Provide summary listings for the CZM
                                         office to use as references and "ticklers".


                                         Prepare Federal reports to verify to the
                                         Federal government that the CZM program
                                         is adequately monitoring network agencies.

                                         Give network agencies access to their own
                                         data and the CZM database. In workshop
                                         discussions, Counties would be satisified
                                         with hard copies of other Counties'
                                         summary reports for comparative purposes.




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            Hawaii Coastal Zone Management Program, Office of State Planning Page 55









                                                 Provide reports to network agencies that
                                                 will help them meet their local goals.

                                                 This could be done periodically by HCZMP
                                                 by providing a complete data disk to
                                                 networked agencies on request. Such
                                                 agencies would need to have compatible
                                                 hardware and software and would be
                                                 financially responsible for system
                                                 compatibility, although Counties would
                                                 already have the capability.

                              8.8.2  System Implementation Plan: The implementation of a
                                     new computer system is a complex process, especially if
                                     a custom system will be developed for the CZM
                                     program. Unless a detailed plan is defined and
                                     followed, the development effort may experience
                                     schedule and time overruns, and a system that does not
                                     meet CZM needs may result. A system implementation
                                     plan should include the following tasks:

                                           Define Requirements. CZM requirements must
                                           be defined in detail. The requirements must
                                           clearly outline what components of the system will
                                           be manual and what components will be
                                           automated. The automation requirements must
                                           clearly establish the functions the computer
                                           system must perform. 'nis task is the key to the
                                           development effort because all subsequent tasks
                                           aim at meeting the requirements defined in this
                                           task.


                                           Evaluate Alternatives. Once detailed
                                           requirements have been defined, the CZM office
                                           can explore alternative solutions to the
                                           requirements. The alternatives can include no
                                           automation, package systems, custom systems, or a
                                           combination of the three. This task will consist of
                                           evaluating the costs and benefits of the alternative



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                Hawaii Coastal Zone Management Program, Office of State Planning         Page 56








                                           solutions and selecting the one that best meets
                                           CZM needs.


                                           Design the System. If the alternative selected is a
                                           custom developed system, the system must be
                                           designed in detail. In this task, detailed external
                                           and internal designs will be completed. The
                                           external design is the design of the user
                                           interface - what the user sees on the screen and
                                           how the user interacts with the system. The
                                           internal design consists of the detailed database
                                           and program specifications required to implement
                                           the external design.

                                           Acquire Hardware and Software. In parallel with
                                           the alternatives evaluation and design tasks,
                                           hardware and software must be acquired. First,
                                           bid specifications must be prepared, State
                                           approval forms prepared, vendors selected, prices
                                           negotiated, and items ordered. After hardware
                                           and software have been ordered, the physical
                                           facilities must be prepared for furniture, lighting,
                                           phones, cables, and working space. Once
                                           hardware and software are delivered, orders must
                                           be verified, inventory established, and the system
                                           must be configured. (See appendix).

                                           Test the Software. Once hardware and software
                                           have been installed, the automated system can be
                                           developed. Development will consist of creating
                                           the database structure, coding application
                                           programs, and developing batch and special
                                           programs.

                                           All components of the system must be thoroughly
                                           tested. Unit tests will test individual programs.
                                           System tests will test the system as a whole
                                           including the integration of all program units.




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                                         Prepare User Guide and Operations Guide. In
                                         parallel with the programming task, the User
                                         Guide and Operations Guides can be written.
                                         The User Guide is the owner's manual for the
                                         system. It will explain to novice and experienced
                                         users how to operate the system. The Operations
                                         Guide will be used by the system manager to
                                         maintain the system. The Operations Guide will
                                         contain regular, special, and emergency
                                         maintenance procedures. These procedures
                                         include backing up and archiving data, handling a
                                         power failure, and installing new hardware and
                                         software.


                                         Conversion. Once programming and testing are
                                         complete, existing H-PASS data can be converted
                                         and loaded into the database. Manual files can
                                         also be entered into the system.

                      8.9   Improve Communications:

                            8.9.1  Commitment to training: One of the keys to successful
                                   system implementation, and the monitoring and
                                   enforcement program as a whole, is training. The CZM
                                   office should ensure that network agency personnel
                                   receive complete training when the system is
                                   implemented. Training sessions should also be held on
                                   a regular basis to improve the skills of regular users,
                                   and to teach skills to new users.


                                   Two training resource people should be appointed.
                                   They should be experts in the system who are available
                                   as resources to all network agency personnel. Two
                                   resource people should be appointed to ensure that the
                                   CZM office never loses expertise in running and
                                   maintaining the system.







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 I
 I
 I                                  I
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 I                               Appendix A
 I
 I              Chapter 205A and Supplements
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                                                   CHAPTER 205A
                                        COASTAL ZONE MANAGEMENT


                               PART I. COASTAL ZONE MANAGEMENT
                       SECTION
                          205A-1 DEFINITIONS
                          205A-2 COASTAL ZONE MANAGEMENT PROGRAM; OBJECTIVES AND POLICIES
                          205A-3 LEAD AGENCY
                          205A-4 IMPLEMENTATION OF OBJECTIVES, POLICIES, AND GUIDELINES
                          205A-5 COMPLIANCE
                          205A-6 CAUSE OF ACTION


                               PART II. SPECIAL MANAGEMENT AREAS
                         205A-21 FINDINGS AND PURPOSES
                         205A-22 DEFINITIONS
                         205A-23 COUNTY SPECIAL MANAGEMENT AREA BOUNDARIES
                         205A-24, 25 REPEALED
                         205A-26 SPECIAL MANAGEMENT AREA GUIDELINES
                         205A-27 DESIGNATION OF SPECIAL MANAGEMENT AREA AUTHORITY
                         205A-28 PERMIT REQUIRED FOR DEVELOPMENT
                         205A-29 SPECIAL MANAGEEMENT AREA USE PERMIT PROCEDURE
                         205A-30 EMERGENCY AND MINOR PERMITS
                         205A-31 REPEALED
                         205A-32 PENALTIES
                         205A-33 INJUNCTIONS


                        36








                                           COASTAL ZONE MANAGEMENT                                  20SA-2

                                                           Case Notes

                        Existence of chapter does not preclude private right of action to force beach access. 65 H. 383, 652
                      P. 2d 1130.
                        Chapter does not apply to any development, existing or planned, for which permits listed in L
                      1975, c 176, ï¿½3 were issued or ordinances were passed prior to December 1, 1975. 4 H. App. 304, 666
                      P.2d 177.


                                        PART 1. COASTAL ZONE MANAGEMENT

                                                              Note

                        Former Part 1. Long'Range Goals, ï¿½ï¿½205A-1 to 3, repealed by L 1977, c 188, ï¿½2.

                            ï¿½205A-1 Definitions. As used in this chapter, unless the context
                      otherwise requires:
                            "Agency" means any agency, board, commission, department, or officer of
                      -a county government or the state government, including the authority as defined
                      in part 11;
                            "Coastal zone management area" means the special management area after
                      compliance pursuant to section 205A-23, and the waters from the shoreline to
                      the seaward limit of the State's jurisdiction and any other area which the lead
                      agency may designate for the purpose of administering the coastal zone
                      management program;
                            'Coastal zone management program" means the comprehensive statement
                      in words, maps, or other permanent media of communication, prepared,
                      approved for submission, and amended by the State and approved by the United
                      States government pursuant to Public Law No. 92-583, as amended, and the
                      federal regulations adopted pursuant thereto, which describes objectives,
                      policies, laws, standards, and procedures to guide and regulate public and
                      private uses in the coastal zone management area, provided however the
                      44
                       coastal zone management program" is consistent with the intent, purpose, and
                      provisions of this chapter;
                            "Land" means the earth, water, and air above, below, or on the surface;
                            "Lead agency" means the department of planning and economic develop-
                      ment;
                            "Person" means an individual, corporation, or partnership, and an
                      organization or association, whether or not incorporated;
                            "Shoreline" means the upper reaches of the wash of the waves, other than
                      storm and tidal waves, usually evidenced by the edge of vegetation growth, or
                      the upper limit of debris left by the wash of the waves. [L 1977, c 188, pt of ï¿½3;
                      am L 1979, c 200, ï¿½ 1; am L 1983, c 124, ï¿½7]

                                                          Revision Note

                        Numeric designations deleted.

                            ï¿½205A-2 Coastal zone management program; objectives and policies.
                      (a) The objectives and policies in this section shall apply to both parts I and 11 of
                      this chapter.
                            (b)   Objectives.
                            (1)   Recreational resources;
                                  (A) Provide coastal recreational opportunities accessible to the
                                       public.
                            (2)   Historic resources;
                                  (A) Protect, preserve, and, where desirable, restore those natural

                                                                                                          37









                        205A-2          PLANNING AND ECONOMIC DEVELOPMENT

                                              and manmade historic and prehistoric resources in the coastal
                                              zone management area that are significant in Hawaiian and
                                              American history and culture.
                               (3)    Scenic and open space resources;
                                      (A) Protect, preserve, and, where desirable, restore or improve the
                                              quality of coastal scenic and open space resources.
                               (4)    Coastal ecosystems;
                                      (A) Protect valuable coastal ecosystems from disruption and mini-
                                              mize adverse impacts on all coastal ecosystems.
                               (5)    Economic uses;
                                      (A) Provide public or private facilities and improvements important
                                              to the State's economy in suitable locations.
                               (6)    Coastal hazards;
                                      (A) Reduce hazard to life and property from tsunami, storm waves,
                                              stream flooding, erosion, and subsidence.
                               (7)    Managing development;
                                      (A) Improve the development review process, communication, and
                                              public participation in the management of coastal resources and
                                              hazards.
                               (c)    Policies.
                               (1)    Recreational resources;
                                      (A)     Improve coordination and funding of coastal recreation plan-
                                              ning and management; and
                                      (B)     Provide adequate, accessible, and diverse recreational opportu-
                                              nities in the coastal zone management area by:
                                              (i)  Protecting coastal resources uniquely suited for recreational
                                                   activities that cannot be provided in other areas;
                                              (ii) Requiring replacement of coastal resources having signifi-
                                                   cant recreational value, including but not limited to surfing
                                                   sites and sandy beaches, when such resources will be
                                                   unavoidably damaged by development; or requiring reason-
                                                   able monetary compensation to the State for recreation
                                                   when replacement is not feasible or desirable;
                                              (iii) Providing and managing adequate public access, consistent
                                                   with conservation of natural resources, to and along
                                                   shorelines with recreational value;
                                              (iv) Providing an adequate supply of shoreline parks and other
                                                   recreational facilities suitable for public recreation;
                                              (v)  Encouraging expanded public recreational use of county,
                                                   State, and federally owned or controlled shoreline lands and
                                                   waters having recreational value;
                                              (vi) Adopting water quality standards and regulating point and
                                                   nonpoint sources of pollution to protect and where feasible,
                                                   restore the recreational value of coastal waters;
                                              (vii) Developing new shoreline recreational opportunities, where
                                                   appropriate, such as artificial lagoons, artificial beaches,
                                                   artificial reefs for surfing and fishing; and
                                            (viii) Encouraging reasonable dedication of shoreline areas with
                                                   recreational value for public use as part of discretionary
                                                   approvals or permits by the land use commission, board of
                        38                         land and natural resources, county planning commissions;








                                         COASTAL ZONE MANAGEMENT                                  205A-2

                                         and crediting such dedication against the requirements of
                                         section 46-6.
                         (2)   Historic  resources;
                               (A)  Identify and analyze significant archaeological resources;
                               (B) Maximize information retention through preservation of re-
                                    mains and artifacts or salvage operations; and
                               (C)  Support state goals for protection, restoration, interpretation,
                                    and display of historic resources.
                         (3)   Scenic and open space resources;
                               (A)  Identify valued scenic resources in the coastal zone management
                                    area;
                               (B)  Insure that new developments are compatible with their visual
                                    environment by designing and locating such developments to
                                    minimize the alteration of natural landforms and existing public
                                    views to and along the shoreline;
                               (C)  Preserve, maintain, and, where desirable, improve and restore
                                    shoreline open space and scenic resources; and
                               (D)  Encourage those developments which are not coastal dependent
                                    to locate in inland areas.
                         (4)   Coastal ecosystems;
                               (A)  Improve the technical basis for natural resource management;
                               (B)  Preserve valuable coastal ecosystems of significant biological or
                                    economic importance;
                               (C)  Minimize disruption or degradation of coastal water ecosystems
                                    by effective regulation of stream diversions, channelization, and
                                    similar land and water uses, recognizing competing water needs;
                                    and
                               (D)  Promote water quantity and quality planning and management
                                    practices which reflect the tolerance of fresh water and marine
                                    ecosystems and prohibit land and water uses which violate state
                                    water quality standards.
                         (5)   Economic uses;
                               (A)  Concentrate in appropriate areas the location of coastal depen-
                                    dent development necessary to the State's economy;
                               (B)  Insure that coastal dependent development such as harbors and
                                    ports, visitor industry facilities, and energy generating facilities
                                    are located, designed, and constructed to minimize adverse
                                    social, visual, and environmental impacts in the coastal zone
                                    management area; and
                               (C)  Direct the location and expansion of coastal dependent develop-
                                    ments to areas presently designated and used for such develop-
                                    ments and permit reasonable long-term growth at such areas,
                                    and permit coastal dependent development outside of presently
                                    designated areas when:
                                     (i) Utilization of presently designated locations is not feasible;
                                    (ii) Adverse environmental effects are minimized; and
                                    (iii) Important to the State's economy.
                         (6)   Coastal hazards;
                               (A) Develop and communicate adequate information on storm
                                    wave, tsunami, flood, erosion, and subsidence hazard;
                               (B)  Control development in areas subject to storm wave, tsunami,
                                    flood, erosion, and subsidence hazard;

                                                                                                       39









                   205A-2       PLANNING AND ECONOMIC DEVELOPMENT

                               (C) Ensure that developments comply with requirements of the
                                    Federal Flood Insurance Program; and
                               (D)  Prevent coastal flooding from inland projects.
                         (7)   Managing development;
                               (A)  Effectively utilize and implement existing law to the maximum
                                    extent possible in managing present and future coastal zone
                                    development;
                               (B)  Facilitate timely processing of application for development
                                    permits and resolve overlapping or conflicting permit require-
                                    ments; and
                               (C)  Communicate the potential short and long-term impacts of
                                    proposed significant coastal developments early in their life-
                                    cycle and in terms understandable to the general public to
                                    facilitate public participation in the planning and review
                                    process. (L 1977, c 188, pt of ï¿½3]

                         ï¿½205A-3    Lead agency. The lead agency.shall:
                         (1)   Receive, disburse, use, expend, and account for all funds that are
                               made available by the United States and the State for the coastal zone
                               management program;
                         (2)   Provide support and assistance in the administration of the coastal
                               zone management program;
                         (3)   Review federal programs, permits, licenses and development propos-
                               als for consistency with the coastal zone management program;
                         (4)   In consultation with the counties and the general public prepare
                               guidelines as necessary to further specify and clarify the objectives
                               and policies of the chapter to be submitted twenty days prior to the
                               convening of any regular session of the legislature for review,
                               modification, or enactment by the legislature;
                         (5)   Conduct a continuing review of the administration of the coastal
                               zone management program and of the compliance of state and county
                               agencies;
                         (6)   Facilitate public participation in the coastal zone management
                               program;
                         (7)   Review state programs within the coastal zone management area
                               from the shoreline to the seaward limit of the State's jurisdiction for
                               consistency with the coastal zone management program; and
                         (8)   Prepare an annual report to the governor and the legislature which
                               shall include recommendations for enactment of any legislation
                               necessary to require any agency to comply with the objectives and
                               policies of this chapter and any guidelines enacted by the legislature.
                               [L 1977, c 188, pt of ï¿½3; am L 1979, c 200, ï¿½2]

                         ï¿½205A4 Implementation of objectives, policies, and guidelines. (a) In
                   implementing the objectives of the coastal zone management program full
                   consideration shall be given to ecological, cultural, historic, and esthetic values
                   as well as to needs for economic development.
                         (b) The objectives and policies of this chapter and any guidelines enacted
                   by the legislature shall be binding upon actions within the coastal zone
                   management area by all agencies. [L 1977, c 188, pt of ï¿½3; am L 1979, c 200, ï¿½3]

                         ï¿½205A-5 Compliance. All agencies shall amend their regulations, as

                   40










                                                  COASTAL ZONE MANAGEMENT                                 205A-22

                            may be necessary, to comply with the objectives and policies of this chapter and
                            any guidelines enacted by the legislature. (L 1977, c 188, pt of ï¿½3; am L 1979, c
                            200, ï¿½4]

                                  ï¿½205A-6 Cause of action. (a) Subject to chapters 661 and 662, any
                            person or   agency may commence a civil action alleging that any agency:
                                  (1)   Is not in compliance with one or more of the objectives, policies, and
                                        guidelines provided or authorized by this chapter within the special
                                        management area and the waters from the shoreline to the seaward
                                        limit of the State's jurisdiction; or
                                  (2)   Has failed to perform any act or duty required to be performed under
                                        this chapter; or
                                  (3)   In exercising any duty required to be performed under this chapter,
                                        has not complied with the provisions of this chapter.
                                  (b)   In any action brought under this section, the lead agency, if not a
                            party, may intervene as a matter of right.
                                  (c) A court, in any action brought under this section, shall have
                            jurisdiction to provide any relief as may be appropriate, including a temporary
                            restraining order or preliminary injunction.
                                  (d) Any action brought under this section shall be commenced within
                            sixty days of the act which is the basis of the action.
                                  (e) Nothing in this section shall restrict any right that any person may
                            have to assert any other claim or bring any other action. (L 1977, c 188, pt of ï¿½3;
                            am L 1979, c 200, ï¿½5]


                                               PART 11. SPECIAL MANAGEMENT AREAS


                                  ï¿½205A-21 Findings and purposes. The legislature finds that, special
                            controls on developments within an area along the shorehne are necessary to
                            avoid permanent losses of valuable resources and the foreclosure of management
                            options, and to ensure that adequate access, by dedication or other means, to
                            public owned or used beaches, recreation areas, and natural reserves is provided.
                            The legislature finds and declares that it is the state policy to preserve, protect,
                            and where possible, to restore the natural resources of the coastal zone of
                            Hawaii. [L 1975, c 176, pt of ï¿½1; am L 1977, c 188, ï¿½5]

                                  ï¿½205A-22 Definitions. As used in this part, unless the context otherwise
                            requires:
                                  (1)   "Applicant" means any individual, organization, partnership, or
                                        corporation, including any utility, and any agency of government.
                                  (2)   "Authority" means the county planning commission, except in
                                        counties where the county planning commission is advisory only, in
                                        which case "authority" means the county council or such body as the
                                        council may by ordinance designate. The authority may, as appropri-
                                        ate, delegate the responsibility for administering this part.
                                  (3)   "Development" means any of the uses, activities, or operations on
                                        land; in or under water, within the special management area that are
                                        included below, but not those uses, activities, or operations excluded
                                        in subparagraph (B):
                                        (A) "Development" includes the following:                               41










                              205A-22 PLANNING AND ECONOMIC DEVELOPMENT

                                                     (i)  The placement or erection of any solid material or any
                                                          gaseous, liquid, solid, or thermal waste;
                                                     (ii) Grading, removing, dredging, mining, or extraction of any
                                                          materials;
                                                     (iii) Change in the density or intensity of use of land, including
                                                          but not limited to the division or subdivision of land;
                                                     (iv) Change in the intensity of use of water, ecology related
                                                          thereto, or of access thereto; and
                                                     (v)  Construction, reconstruction, demolition, or alteration of
                                                          the size of any structure.
                                              (B)    "Development" does not include the following:
                                                     (i)  Construction of a single-family residence that is not part of
                                                          a larger development;
                                                     (ii) Repair or maintenance of roads and highways within
                                                          existing rights-of-way;
                                                     (iii) Routine maintenance dredging of existing streams, chan-
                                                          nels, and drainage ways;
                                                     (iv) The repair and maintenance of underground utility lines,
                                                          including but not limited to water, sewer, power, and
                                                          telephone and minor appurtenant structures such as pad
                                                          mounted transformers and sewer pump stations;
                                                     (v)  Zoning variances, except for height, density, parking, and
                                                          shoreline setback;
                                                     (vi) Repair, maintenance, or interior alterations to existing
                                                          structures;
                                                   (vii)  Demolition or removal of structures, except those struc-
                                                          tures located on any historic site as designated in national
                                                          or state registers;
                                                  (viii)  The use of any land for the purpose of cultivating, planting,
                                                          growing, and harvesting of plants, crops, trees, and other
                                                          agricultural, horticultural, or forestry products or animal
                                                          husbandry, or aquaculture or mariculture of plants or
                                                          animals, or other agricultural purposes subject to review by
                                                          the authority in accordance with subparagraph (C);
                                                     (ix) The transfer of title to land;
                                                     (x)  The creation or termination of easements, covenants, or
                                                          other rights in structures or land;
                                                     (xi) The   subdivision of land into lots greater than twenty acres
                                                          in size;
                                                   (xii)  The subdivision of a parcel of land into four or fewer
                                                          parcels when no associated construction activities are
                                                          proposed, provided that any such land which is so subdi-
                                                          vided shall not thereafter qualify for this exception with
                                                          respect to any subsequent subdivision of any of the resulting
                                                          parcels;
                                                  (xiii)  Installation of underground utility lines and appurtenant
                                                          aboveground fixtures less than four feet in height along
                                                          existing corridors;
                                                  (xiv)   Structural and nonstructural improvements to existing
                                                          single-family residences including additional dwelling unit,
                                                          where otherwise permissible; and

                             42










                                       COASTAL ZONE MANAGEMENT                              20SA-23

                                 (xv)  Nonstructural improvements to existing commercial struc-
                                       tures.
                             (C)  Whenever the authority finds that any use, activity, or operation
                                  excluded in subparagraph (B) is or may become part of a larger
                                  project, the cumulative impact of which may have a significant
                                  environmental or ecological effect on the special management
                                  area, that use, activity, or operation shall be defined as
                                  "development" for the purpose of this part.
                       (4)   "Special management area" means the land extending inland from
                             the shoreline as delineated on the maps filed with the authority as of
                             June 8, 1977, or as amended pursuant to section 205A-23.
                       (5)   "Special management area emergency permit" means an action by
                             the authority authorizing development in cases of emergency requir-
                             ing immediate action to prevent substantial physical harm to persons
                             or property or to allow the reconstruction of structures damaged by
                             natural hazards to their original form, provided that such structures
                             were previously found to be in compliance with requirements of the
                             Federal Flood Insurance Program.
                       (6)   "Special management area minor permit" means an action by the
                             authority authorizing development, the valuation of which is not in
                             excess of $65,000 and which has no substantial adverse environmen-
                             tal or ecological effect, taking into account potential cumulative
                             effects.
                       (7)   "Special management area use permit" means an action by the
                             authority authorizing development, the valuation of which exceeds
                             $65,000 or which may have a substantial adverse environmental or
                             ecological effect, taking into account potential cumulative effects.
                       (8)   "Structure" includes, but is not limited to, any building, road, pipe,
                             flume, conduit, siphon, aqueduct, telephone line, and electrical power
                             transmission and distribution line.
                       (9)   "Valuation" shall be determined by the authority and means the
                             estimated cost to replace the structure in kind, based on current
                             replacement costs, or in the cases of other development, as defined
                             above, the fair market value of the development. [L 1975, c 176, pt of
                             ï¿½ 1; am L 1977, c 188, ï¿½6; am L 1979, c 200, ï¿½7; am L 1982, c 126, ï¿½ 1;
                             am L 1983, c 124, ï¿½8; am L 1984, c 113, ï¿½1]

                                               Attorney General Opinions

                    "Special management area" mast be shoreline or costal water related land. Att. Gen. Op. 75-18.


                                                      Case Notes

                    "Development" includes that which is planned. 4 H. App. 304, 666 P-2d 177.

                       ï¿½205A-23 County special management area boundaries. (a) The special
                  management area in each county shall be as shown on such maps filed with the
                  authority as of June 8, 1977.
                       (b) On or before December 31, 1979, the authority shall review and
                  pursuant to chapter 91, amend as necessary its special management area
                  boundaries, to further the objectives and policies of this chapter, provided that
                  any contraction of the special management area boundaries as provided for in
                  subsection (a), shall be subject to lead agency review and determination as to

                                                                                                  43









                       205A-23 PLANNING AND ECONOMIC DEVELOPMENT

                       compliance with the objectives and policies of this chapter and      any guidelines
                       enacted by the legislature. Copies of the existing and amended maps shall be
                       filed with the authority and the lead agency.
                             (c) Nothing in this chapter shall preclude the authority from amending
                       its special management area boundary at any point in time; provided that the
                       procedures and requirements outlined in subsection (b) shall be complied with
                       and provided further that any. future special management area boundary
                       adjustments shall be restricted to the coastal zone management area. [L 1975, c
                       176, pt of ï¿½1; am L 1977, c 188, ï¿½7; am L 1979, c 200, ï¿½8]

                                                     Attorney General Opinions

                         Counties must reasonably determine whether lands, located in excess of 100 yards from water to
                       be protected, are lands the uses of which will have significant impact on the water. Att. Gen. Op. 75-
                       18.

                             ï¿½ï¿½205A.24, 25 REPEALED. L 1977, c 188, ï¿½ï¿½8, 9.

                             ï¿½205A-26 Special management area guidelines. In implementing this
                       part, the authority shall adopt the following guidelines for the review of
                       developments proposed in the special management area:
                             (1) All development in the special management area shall be subject to
                                   reasonable terms and conditions set by the authority in order to
                                   ensure:
                                   (A)  Adequate access, by dedication or other means, to publicly
                                        owned or used beaches, recreation areas, and natural reserves is
                                        provided to the extent consistent with sound conservation
                                        principles;
                                   (B)  Adequate and properly located public recreation areas and
                                        wildlife preserves are reserved;
                                   (C)  Provisions are made for solid and liquid waste treatment,
                                        disposition, and management which will minimize adverse
                                        effects upon special management area resources; and
                                   (D)  Alterations to existing land forms and vegetation, except crops,
                                        and construction of structures shall cause minimum adverse
                                        effect to water resources and scenic and recreational amenities
                                        and minimum danger of floods, landslides, erosion, siltation, or
                                        failure in the event of earthquake.
                             (2)   No  development shall be approved unless the authority has first
                                   found:
                                   (A)  That the development will not have any substantial adverse
                                        environmental or ecological effect, except as such adverse effect
                                        is minimized to the extent practicable and clearly outweighed by
                                        public health, safety, or compelling public interests. Such
                                        adverse effects shall include, but not be limited to, the potential
                                        cumulative impact of individual developments, each one of
                                        which taken in itself might not have a substantial adverse effect,
                                        and the elimination of planning options;
                                   (B)  That the development is consistent with the objectives, policies,
                                        and special management area guidelines of this chapter and any
                                        guidelines enacted by the legislature; and
                                   (C)  That the development is consistent with the county general plan
                       44               and zoning. Such a finding of consistency does not preclude








                                              COASTAL ZONE MANAGEMENT                                20SA-29

                                         concurrent processing where a general plan or zoning amend-
                                         ment may also be required.
                              (3) The    authority shall seek to minimize, where reasonable:
                                    (A)  Dredging, filling or otherwise altering any bay, estuary, salt
                                         marsh, river mouth, slough or lagoon;
                                    (B)  Any development which would reduce the size of any beach or
                                         other area usable for public recreation;
                                    (C)  Any development which would reduce or impose restrictions
                                         upon public access to tidal and submerged lands, beaches,
                                         portions of rivers and streams within the special management
                                         areas and the mean high tide line where there is no beach;
                                    (D)  Any development which would substantially interfere with or
                                         detract from the line of sight toward the sea from the state
                                         highway nearest the coast; and
                                    (E)  Any development which would adversely affect water quality,
                                         existing areas of open water free of visible structures, existing
                                         and potential fisheries and fishing grounds, wildlife habitats, or
                                         potential or existing agricultural uses of land. (L 1975, c 176, pt
                                         of ï¿½1; am L 1977, c 188, ï¿½10; am L 1979, c 200, ï¿½9; am L 1984,
                                         c 113, ï¿½2]

                                                             Case Notes

                          Grant of permit overturned because findings required by paragraph (2) not made. 65 H. 506, 654
                        P.2d 874.


                              ï¿½205A-27 Designation of special management area authority. The
                        authority is designated the special management area authority and is authorized
                        to carry out the objectives, policies and procedures of this part. [L 1975, c 176,
                        pt of ï¿½1; am L 1979, c 200, ï¿½10]

                              ï¿½205A-28 Permit required for development. No development shall be
                        allowed in any county within the special management area without obtaining a
                        permit in accordance with this part. [L 1975, c 176, pt of ï¿½ 1; am L 1979, c 200,
                        ï¿½11]

                              ï¿½205A-29 Special management area use permit procedure. (a) The
                        authority in each county, upon consultation with the central coordinating
                        agency, shall establish and may amend pursuant to chapter 91, by rule or
                        regulation the special management area use permit application procedures,
                        conditions under which hearings must be held, and the time periods within
                        which the hearing and action for special management area use permits shall
                        occur. The authority shall provide for adequate notice to individuals whose
                        property rights may be adversely affected and to persons who have requested in
                        writing to be notified of special management area use permit hearings or
                        applications. The authority shall also provide written public notice once in a
                        newspaper of general circulation in the State at least twenty days in advance of
                        the hearing. The authority may requ;re a reasonable filing fee which shall be
                        used for the purposes set forth herein.
                              Any rule or regulation adopted by the authority shall be consistent with
                        the objectives, policies, and special management area guidelines provided in this
                        chapter. Action on the special management permit shall be final unless
                        otherwise mandated by court order.

                                                                                                           45


















                    20SA-29 PLANNING AND ECONOMIC DEVELOPMENT

                         (b) No agency authorized to issue permits pertaining to any development
                    within the special management area shall authorize any development unless
                    approval is first received in accordance with the procedures adopted pursuant to
                    this part. For the purposes of this subsection, county general plan, state land use
                    district boundary amendments, and zoning changes are not permits. [L 1975, c
                    176, pt of ï¿½1; am L 1977, c 188, ï¿½11; am L 1979, c 200, ï¿½12]

                                                        Case Notes

                     Section does not require that notice of a meeting rescheduled for later date to be provided within
                    time limit on original notice. 64 H. 431, 643 P.2d 55.

                         ï¿½205A-30 Emergency and minor permits. Each county authority shall
                    provide specific procedures consistent with this part for the issuance of special
                    management area emergency permits or special management area minor
                    permits, pursuant to the procedural requirements within this part, and judicial
                    review from the grant and denial thereof. (L 1975, c 176, pt of ï¿½1; am L 1979, c
                    200, ï¿½13]

                         ï¿½205A-31 REPEALED. L 1979, c 200, ï¿½14.

                         (ï¿½205A-32] Penalties. (a) Any person who violates any provision of this
                    part shall be subject to a civil fine not to exceed $10,000.
                         (b) In addition to any other penalties, any person who performs any
                    development in violation of this part shall be subject to a civil fine not to exceed
                    $500 a day for each day in which such violation persists. (L 1975, c 176, pt of ï¿½ I]

                         ï¿½205A-33 Injunctions. Any person or agency violating any provision of
                    this chapter may be enjoined by the circuit court of the State by mandatory or
                    restraining order necessary or proper to effectuate the purposes of this chapter in
                    a suit brought by the authority or the lead agency. (L 1979, c 200, ï¿½ 15; am L
                    1983, c 76, ï¿½1]









                                       205A-I           PLANNING AND ECONOMIC DEVELOPMENT



                                                                            Ll
                                       storm and tidal waves, at high tide during the season of the year in whicb
                                       highest wash of the waves occurs, usually evidenced by the edge of ve, ation
                                       growth, or the upper limit of debris left by the wash of the waves.                 [an,,,_--l986, c
                                       258, ï¿½2; am L 1987, c 336, ï¿½71


                                                                                  Revision Note

                                         Only the definitions amended are compiled in this Supplement.

                                             ï¿½205A-6 Cause of action.


                                         Judicial intervention under this section _@afa not precede resolution of issues by administrative
                                       aoency. 69 H. (No. 11228).

                                                                        Z'r
                                                              PART.,    V'SPECIAL MANAGEMENT AREAS
                                             ï¿½205A-26       S-'@'Wial management area guidelines.

                                                                                   Case Notes
                                         Granr_@'11@ermit overturned because findings required by paragraph (2) not made. 68 H. (Nos. 10078,
                                       I 00PI,
                                           kit violated where requisite findings were contained in committee report recommending approval of
                                          ..........


                                                                   PART Ill. SHORELINE SETBACKS


                                             ï¿½205A-41 Definitions. As used in this part, unless the context otherwise
                                       requires:
                                             "Authority" means the authority as defined in part 11.
                                             "Department" means the planning department of each county.
                                             -Shoreline area" means all of the land area between the shoreline and the
                                       shoreline setback line.
                                             -Shoreline setback line" means that line established in this part or by the
                                       county running inland from and parallel to the shoreline at a horizontal plane. IL
                                       1986, c 258, pt of ï¿½11

                                             ï¿½205A-42 Determination of the shoreline. The board of land and natural
                                       resources shall adopt rules pursuant to chapter 91 prescribing procedures for de-
                                       termining a shoreline and appeals of shoreline determinations; provided that no
                                       determination of a shoreline shall be valid for a period longer than twelve months,
                                       except where the shoreline is fixed by man-made structures which have been ap-
                                       proved by appropriate government agencies and for which engineering drawings
                                       exist to locate the interface between the shoreline and the structure. [L 1986, c
                                       258, pt of ï¿½11

                                             ï¿½205A-43 Establishment of shoreline setbacks and duties and powers of
                                       the department.        Setbacks along shorelines are established of not less than twenty
                                       feet and not more than forty feet inland from the shoreline. The department shall
                                       adopt rules within a period of one year after June 22, 1970, pursuant to chapter

                                       72








                                                             COASTAL ZONE MANAGEMENT                                 205A-46

                                       Ql. and shall enforce the shoreline setbacks and rules pertaining thereto. (L 1986,
                                       c 258. pt of ï¿½11

                                            ï¿½205A-44 Prohibitions. (a) The mining or taking of sand. coral, rocks.
                                       "Oll. or other beach or marine deposits from the shoreline area, or within 1,000
                                       feet seaward from the shoreline, or in water of 30 feet or less in depth in the
                                       territorial sea, is prohibited with the following exceptions:
                                            (1)   The taking from a public beach of such materials for reasonable. per-
                                                  sonal. noncommercial use;
                                            (2)   Where the mining or taking of sand by the State or county is for the
                                                  replenishment of sand on public beaches at Hilo Bay. N@aikiki. Ala
                                                  Moana, and Kailua beaches; provided that for the purpose of this par-
                                                  agraph an environmental impact statement for the proposed project shall
                                                  be accepted pursuant to chapter 343. a finding shall be made by the
                                                  proposing state or county agency that the proposed project is in the
                                                  public interest and will not have any adverse significant social. economic,
                                                  or environmental impact, and both a public informational meeting and
                                                  public hearing shall be held by the proposing state or county agency in
                                                  the affected community. The public hearing shall be preceded by public
                                                  notice of the proposed project not less than 30 days before the hearing
                                                  and published on three separate days in a newspaper of general circulation
                                                  in the State or county affected by the proposed project. The proposing
                                                  state or county agency shall also notify in writing the owners or lessees
                                                  of adjoining, overlapping, or affected property of the proposed project;
                                            (3)   The clearing of sand from existing drainage pipes and canals and from
                                                  the mouths of streams; provided that the sand shall be placed on adjacent
                                                  beaches unless such placement would result in significant turbidity.
                                            (b)   Except as otherwise provided in this part po structure or any portion
                                       thereof. including but not limited to seawalls, groins, and revetments, shall be
                                       permitted within the shoreline area; provided that any lawful nonconforming struc-
                                       turc existing on June 22, 1970, shall be permitted; provided further that any structure
                                       which is necessary for safety reasons or to protect the property from erosion or
                                       wave damages shall be permitted. A structure not conforming to this section but
                                       for which a building permit application has been filed on or before June 22, 1970.
                                       shall also be permitted as a nonconforming structure, subject to the ordinances and
                                       rcrulations of the particular county.
                                            (c) Any nonconforming structure, including but not limited to residential
                                       dwellings. agricultural structures, seawalls. groins, and revetments may be replaced
                                       or reconstructed within the shoreline area: provided that no nonconforming structure
                                       shall be substantially enlarged or changed to another nonconforming use within the
                                       shoreline area. If the use of any nonconforming structure is discontinued or held
                                       in abeyance for a period of one year, the further continuation of such use shall be
                                       prohibited. [L 1986, c 258, pt of ï¿½11

                                            ï¿½205A-45 Shoreline setback lines established by county. The several
                                       counties through ordinances may require that shoreline set@ack lines be established
                                       it a distance greater than that established in this part. I L 1986. c 258, pt of ï¿½ I I

                                            ï¿½205A-46 Functions of department. (a) The department shall administer
                                       the provisions of this part. It shall review the plans of all applicants who propose
                                       any structure. activity, or facility which otherwise would be prohibited by this part.
                                            The department may require that the plans be supplemented by accurately

                                                                                                                            73








                                  20SA-46        PLANNING AND ECONOMIC DEVELOPMENT

                                  mapped data showing natural conditions and topography relating to all existing and
                                  proposed structures, buildings, and facilities.
                                        The department may also require reasonable changes in the submitted plans
                                  in order to obtain optimum compliance practicable with this part.
                                        (b)  After reviewing the plans, the department shall transmit tile plans with
                                  its recommendations to the authority. The authority shall grant a variance for such
                                  structure, activity, or facility if, after a hearing pursuant to chapter 91, it finds in
                                  writing, based on the record presented either: (1) that such structure, activity, or
                                  facility is in the public interest; or (2) that hardship will be caused to the applicant
                                  if the proposed structure, activity, or facility is not allowed on that portion of the
                                  land within the shoreline area. Any variance granted to the maximum extent prac-
                                  ticable shall be subject to such conditions as will cause the structure, activity, or
                                  facility to result in a minimum interference with natural shoreline processes and as
                                  will provide for safe public shoreline access. The authority shall render written
                                  approval or disapproval within forty-five days after the hearing on the applicant's
                                  plans, unless such period is extended by written agreement between the authority
                                  and the applicant. [ L 1986, c 258, pt of ï¿½ I


                                                                            Note


                                    For variances and permits granted before May 29, 1986, see L 1986. c 258, ï¿½5.


                                        ï¿½205A-47 Exemptions. Tunnels, canals, basins, and ditches, together with
                                  associated structures used by public utilities as the term is defined in section 269-
                                  1, wharves, docks, piers, and other harbor and waterfront improvements and any
                                  other maritime facility and water sport recreational facilities may be permitted within
                                  the shoreline area; provided that the plans are submitted for review and are approved
                                  by the authority after a public hearing has been held and that the appropriate state
                                  body has found that the proposed structures will result only in a minimum inter-
                                  ference with natural shoreline processes; provided further that any such structure
                                  constructed by a governmental body shall be exempt from the provisions of this
                                  part except as to the requirement that two public hearings shall be held by the
                                  governmental body charged with such construction, once when the project is first
                                  conceived and again when the project i.s substantially designed and planned, but
                                  prior to the letting of the contract. Repair, strengthening, reinforcement, and main-
                                  tenance of fishponds, and improvements for aquaculture farms shall be exempt
                                  from this part, upon issuance of a permit or waiver of the requirements by the
                                  board of land and natural resources. [L 1986, c 258, pt of ï¿½ I


                                        ï¿½205A-48 Conflict of other laws. In case of a conflict between the re-
                                  quirements of any other state law or county ordinance regarding shoreline setback
                                  lines, the more restrictive requirements shall apply in furthering the purposes of
                                  this part. Nothing contained in this part shall be construed to diminish the jurisdiction
                                  of the state department of transportation over wharves, airports, docks, piers, small
                                  boat, or other harbors, and any other maritime or water sports recreational facilities
                                  to be constructed on state land by the State; provided that such plans are submitted
                                  for the review and information of the officer of the respective agency charged with
                                  the administration of the county zoning laws, and found not to conflict with any
                                  county ordinances, zoning laws, and building code. J L 1986, c 258, pt of ï¿½ I I

                                        ï¿½205A-49 Adoption of rules. Each agency charged with carrying out this

                                  74






                                         HAWAII COMMUNITY DEVELOPMENT AUTHORITY 206E-5

                               -'!ri shall adopt rules under chapter 9 1, as necessary. to implement or comply with
                               Thi, part by June 30, 1987. IL 1986. c 258, pt of @@ I I

                                                               CHAPTER 206E
                                     HAWAII COMMUNITY DEVELOPMENT AUTHORITY


                                       PART 1. GENERAL PROVISIONS,
                               sl( TION
                                   200E-3 HAWAII COMMUNITY DEVELOPMENT AUTHORITY. ESTABLISHED
                                   206E-5 DESIGNArION OF COMMUNITY DF-:vr-LOPMENT DISTRICTS. COMMUNIFY DEVELOPMENT
                                         PLANS
                                   '061:-6 DISTRICT-WIDE IMPROVFMENT PROGRAM
                                  :06E-15 RESIDENTIAL PROJECTS, COOPERATIVE AGREEMENTS


                                       PART It. KAKAAKO COMMUNITY DFvELOPMENT DISTRICT
                                 -'fk6E-32 DISTRICT, ESTABLISHED. BOUNDARIES


                                       PART IV. REVENUE BONDS FOR PUBLIC FACILITY PROJECTS
                                :11(,E-153 REVENUL BONDS. AUTHORIZATION


                                                       PART 1. GENERAL PROVISIONS


                                    ï¿½206E-3 Hawaii community development authority; established. (a)
                               There is established the Hawaii community development authority, which shall be
                               -1 body corporate and a public instrumentality of the State. for the purpose of
                               implementing this chapter. The authority shall be placed within the department of
                               @,usiness and economic development for administrative purposes.
                                    (b) The authority shall consist of eleven voting members. The director of
                               finance. the director of business and economic development, the comptroller, and
                               the director of transportation, or their respective designated representatives sball
                               ,erve as ex officio. voting members. Seven members shall be appointed by the
                               governor for staggered terms pursuant to section 26-34, provided that initially. three
                               members shall be selected from a list of ten prospective appointees recommended
                               by the local governing body of the county in which the initial designated district
                               I-, situated: and provided further that when vacancies occur in any of the three
                               nitions for which the members were selected from a list of county recommen-
                               dations. the -overnor shall fill such vacancies on the basis of one from a list of
                               four recommendations, two from a list of seven recommendations, or three from
                               a list of ten recommendations. The list of recommendations shall be made by the
                               local governing body of the county. If an additional district is designated by the
                               le@'.I'I;ture in a county other than the county in which the initial designated district
                               I,; situated. the total membership of the authority shall be increased as prescribed
                               3bove by the appointment of three additional members. All members shall continue
                               in office until their respective successors have been appointed and qualified. Fxcept
                               as herein provided, no member appointed under this subsection shall be an officer
                               or employee of the State or its political subdivisions.

                                    [am L 1987, c 336, V, c 339, K and c 355, ï¿½41


                                                                    Revision Note

                                 Only the subsections amended are compiled in this Supplement.

                                    ï¿½206E-5 Designation of commuWty development districts; community

                                                                                                                     75



                                                                                                                                                                         6WST**NhJWAGWJT
                                                                                                                                                        "Lead agency" means the office of state planning;

                                                                                                                                                        "Shoreline" means the upper reaches of the              wash   of the waves, other than
                                                                                                                                                  storm and seismic waves, at high tide during the season of the year in which the
                                                                                                                                                  highest wash of the waves occurs, usually evidenced by the edge uf vegetation
                                                                                                                                                  growth, or the upper limit of debris left by the wash of the waves. lain L 1986, c
                                                                                                                                                  258, ï¿½2; am L 1987, c 336, ï¿½7; am L 1988, c 352, ï¿½4-, am L 1989, c 356, ï¿½41
                                                              1989 SUPPLEMENT


                                                                                                                                                                                             Revision Note


                                                                                                                                                    Only the definitions amended are compiled in this Supplement.


                                                                                                                                                        ï¿½205A-3 Lead agency. The lead agency shall:
                                                                                                                                                        (1)    Receive, disburse, use, expend, and account for all funds that are made
                                                                  CHAPTER 205A                                                                                 available by the United States and the State for the coastal zone man-
                                                     COASTAL ZONE MANAGEMENT                                                                                   agement program;
                                                                                                                                                        (2)    Provide support and assistance in the administration of the coastal zone
                                        PART 1. COASTAL ZONE MANAGEMENT                                                                                        management program;
                             SECTION                                                                                                                    (3)    Review federal programs, permits, licenses, and development proposals
                                205A-1 DEFINITIONS                                                                                                             for consistency with the coastal zone management program;
                                205A-3 LEAD AGENCY                                                                                                      (4)    In consultation with the counties and the general public prepare guide-
                                20SA-4 IMPLEMENTATION OF OBJECTIVES, POLICIES, AND GUIDELINES
                                205A-5 COMPLIANCE                                                                                                              lines as necessary to furtherspecify and clarify the objectives and policies
                                                                                                                                                               of the chapter to be submitted twenty days prior to the convening of any
                                        PART 11. SPECIAL MANAGEMENT AREAS                                                                                      regular session of the legislature for review, modification, or enactment
                                205A-29 SPECIAL MANAGEMENT AREA USE PERMIT PROCEDURE                                                                           by the legislature;
                                205A-32 PENALTIES                                                                                                       (5)    Conduct a continuing review of the administration of the coastal zone
                                                                                                                                                               management program and of the compliance of state and county agencies
                                        PART Ill. SHORELINE SETBACKS                                                                                           with the objectives and policies of this chapter-,
                                205A-41   DEFINITIONS
                                205A-42   DETERMINATION OF THE SHORELINE                                                                                (6)    Facilitate public participation in the coastal zone management program-,
                                205A-43   EsTABLISIIMENT OF SIIORELINE SETBACKS AND DUTIES AND POWERS OF TIIE DEPARTMENT                                       and
                                205-43.5  POWERS AND DUTIES OF TIIE AUTHORITY                                                                           (7)    Prepare an annual report to the governor and the legislature which shall
                                205-43.6  ENFORCEMENT OF SIIORELINE SETBACKS                                                                                   include recommendations for enactment of any legislation necessary to
                                205A-44   PROHIBITIONS                                                                                                         require any agency to comply with the objectives and policies of this
                                205A-45   SHORELINE SETBACK LINES ESTABLISHED BY COUNTY
                                205A-46   VARIANCES                                                                                                            chapter and any guidelines enacted by the legislature. (L 1977, c 188,
                                205A-47   REPEALED                                                                                                             pt of ï¿½31; am L 1979, c 200, ï¿½2; am L 1989, c 356, ï¿½5]
                                205A-48   CONFLICT OF OTHER LAWS
                                20SA-49   ADOPTION OF RULES
                                                                                                                                                        ï¿½205A-4 Implementation of objectives, policies, and guidelines. (a) In
                                                                       Cross References                                                           implementing the objectives of the coastal zone management program, the agencies
                                Housing finance and development corporation compliance with environmental and shoreline protection                shall give full consideration to ecological, cultural, historic, esthetic, recreational,
                                laws, see note at end of chapter 201E.                                                                            scenic, and open space values, and coastal hazards, as well as to needs for economic
                                                                                                                                                  development.
                                                     PART 1. COASTAL ZONE MANAGEMENT                                                                    (b) The objectives and policies of this chapter and any guidelines enacted
                                                                                                                                                  by the legislature shall be binding upon actions within the coastal zone management
                                                                                                                                                  area by all agencies, within the scope of their authority. IL 1977, c 188, pt of ï¿½3;
                                     ï¿½205A-1       Definitions. As used in this chapter, unless the context otherwise                             am L 1979, c 200, ï¿½3; am L 1989, c 356, ï¿½61
                                FCLIUires:
                                     "Coastal zone management area" means the waters from the shoreline to the                                          ï¿½205A-5 Compliance. All agencies shall ensure that their rules comply
                                seaward limit of the State's jurisdiction and all land areas excluding those lands                                with the objectives and policies of this chapter and any guidelines enacled by the
                                designated as state forest reserves,                                                                              legislature. [L 1977, c 188, pt of ï¿½3; am L 1979, c 200, ï¿½4@ ain L 1989, c 356,
                                                                                                                                                  ï¿½71

                                86                                                                                                                                                                                                                  87



                                 Wi 61111[ANNW. ANAMI 0N"1NL"1I,'NfW 4W                                                                                      M - 4WAS@W0NPNNAC1,WTM 2AM-5 W*
                                       ï¿½205A-6 Cause ofac(ion.                                                                                                                   PART 111. SHORELINE SETBACKS
                                                                              Case Notes                                                                     ï¿½205A-41     Definitions.      As used in this part, unless the context otherwise
                                   Judicial intervcn(ion under (his section should not precede resolution                                             requires:       y"  means the authority as defined in part If.
                                 avricy. 69 It. (No. 11228). 734 P.2d 161.                                 Of issues by administrative                       "Authorit
                                                                                                                                                             "Board approval" means approval by the board of land and natural resources
                                                                                                                                                      pursuant to section 183-41.
                                                       PART 11. SPECIAL MANAGEMENT AREAS                                                                     "Department" means the planning depariment of each county.
                                                                                                                                                             "Shoreline area" shall include all of the land area between the shoreline and
                                       ï¿½205A-26 Special management area guidelines.                                                                   the shoreline setback line and may include t@e area between                 Mcan sea level and
                                                                                                                                                      the shoreline.
                                                                                                                                                             "Shoreline setback line" means that line established in this part or by the
                                                                             Case Notes                                                               county running inland from and parallel to the shoreline at a horizontal plane.
                                                                                                                                                             "Structure" includes, but is not limited to, any portion of any building, pave-
                                   Grant of permit overturned because findings required  by paragraph (2) not made. 68 H. 135. 705
                                 P.2d 1042.                                                                                                           ment, road, pipe, flume, utility line, fence, groin, wall, or reveinient. [L 1986, c
                                   Not violated where requisite findings were contained in committee report recommeading approval of                  258, pt of ï¿½1; am L 1989, c 356, ï¿½ï¿½2, 10]
                                 development. 6 li. App. 540, 735 P.2d 950.                                                                                  ï¿½205A-42 Determination of the shoreline. The board of land and                         natural
                                                                      agement area use permit procedure. (a) The au-                                  termining a shoreline and appeals of shoreline              determinations;
                                       ï¿½205A-29 Special man.                                                                                          resources shall adopt rules pursuant to chapter 91 prescribing procedures for de-
                                                                                                                                 ency,                determination of a shoreline shall be valid for a period longer than twelve months,
                                 thority in each county, upon consultation with the central coordinating ag                                                                                                                           provided that no
                                 shall adopt rules under chapter 91 setting the special management area use permit                                    except where the shoreline is fixed by manmade structures which have been a@-
                                 application procedures, conditions under which hearings must be held, and                  the time                  proved by appropriate government agencies and for which engineering drawings
                                 periods within which the hearing and action for special management area use permits                                  exist to locate the interface between the shoreline and the structure. [L 1986, c
                                 shall occur. The authority shall provide for adequate notice to individuals whose                                    258, pt of ï¿½ I
                                 property rights may be adversely affected'and to persons who have requested in
                                 writing to be notified of special management area use permit hearings or app!ica-                                           ï¿½20SA43 Establishment of shoreline setbacks and duties and powers of
                                 tions. The authority shall also provide written public notice once in a newspaper                                    the department. (a) Setbacks along shorelines are established of not less than
                                 of general circulation in the State at least twenty days in advance of the hearing.                                  twenty feet and not more than forty feet inland from the shoreline. The department
                                 The authority may require a reasonable filing fee which shall be used for the purposes                               shall adopt rules pursuant to chapter 91, and shall enforce the shoreline setbacks
                                 set forth herein.                                                                                                    and rules pertaining thereto.
                                       Any rule adopted by the authority shall be consistent with the objectives,                                            (b)      The powers and duties of the department shall include, but not be limited
                                 policies, and special management area guidelines provided in this chapter. Action                                    to:                                                      der chapter 91 prescribing procedures
                                 on the special management permit shall be final unless otherwise mandated by court                                          (1)      The department shall adopt rules un
                                 order.                                                                                                                               for determining the shoreline setback line; and
                                                                                                                                                             (2)      The department shall review the plans of all applicants who propose any
                                       Jam L 1999, c 356, ï¿½81                                                                                                         StruiCtuTt, activity, Of facility that would be prohibited without a variance
                                                                                                                                                                      pursuant to this part. The department may require that the plans be
                                                                            Revision Note                                                                             supplemented by accurately mapped data and photographs showing nat-
                                                                                                                                                                      ural conditions and topography relating to all existing and proposed
                                   Only the subsection amended is compiled in this Supplement.                                                                        structures and activities. [L 1986, c 258, pt of ï¿½1; am L 1989, c 356,
                                                                                                                                                                      ï¿½111
                                       ï¿½205A-32       Penalties.      (a) Any person who violates any provision of part If                                    [ï¿½205A.43.51        Powers and duties of the authority. (a) Prior to action on
                                 or part III shall be liable for a civil fine not to exceed $10,000.                                                   a variance application, the authority shall hold a public hearing under chapter 91.
                                       (b)   In addition to any other pcnglties, any person who is violating any                                       By adoption of rules under chapter 91, the authority may delegate responsibility to
                                 provision of part 11 or part III shall be liable for a civil fine not to exceed $1,000                                the department. Public and private notice, including reasonable notice to abutting
                                 a day for cacti day in which such violation persists.                                                                 property owners and persons who have requested this notice, shall be provided,
                                       (c) Any civil fine provided under this section may be imposed by the circuit                                    but a public hearing may be waived prior to action on a variance application for:
                                 Court or may be imposed by the department after an opportunity for a hearing under                                           (1)     Stabilization of shoreline erosion by the moving of sand entirely on
                                 chapter 91. Imposition of a civil fine shall not be a prerequisite to any civil fine                                                 public lands;
                                 or other injunctive reliefordercd by (tic circuit court. (L 1975, c 176, pt ofï¿½l; am                                         (2)     Protection of a legal structure.costing more than $20,000; provided the
                                 L 1989, c 365, ï¿½91                                                                                                                   structure is at risk of immediate damage from shoreline erosion;
                                 88                                                                                                                                                                                                                          89



                                 [email protected] Mille no - M M M _M an M M "OAS?A"ZONMNAC",-,NT                                                                                                                                                                  W-46
                                                       .ANNING AND ECONOMIC DEWELOPME.NT
                                        (3)     Other Ntruciures or activities; provided that no person or agency has                                                (5)    They are minor structures permitted Linder rules adopted by the deparl-
                                                re(Iticsted it public hearing within twenty-five calendar days after public                                                 nient which do not affect beach processes or artificially fix the shoreline
                                                notice of the application; or                                                                                               and do not interfere with public access or public              views to and alonp- the
                                        (4)     Maintenance, repair, reconstruction, and minor additions or alterations                                                     shoreline; or
                                                of legal boating, maritime,                                                                                          (6)    Work being done co
                                                                                    or watersports recreational facilities, which                                           minor additions or altnesriasitisonost" omfaliengtacinbanocatei,ngrepnaiiarr,itriemcconstrruwcitilorns.poarnids
                                                result in little or no interference with natural shoreline processes.                                                                                                                        , and which result in
                                        (b)     The authority shall either act on variance applications or, by adoption                                                     recreational facilities, which ire publicly owned
                                 of rUICS under chapter 91, delegate the responsibility to tile depariment. IL 1989,                                                        little or no interference with natural shoreline processes;
                                 c 356, pt of ï¿½ I I                                                                                                            provided that. permitted structures may be repaired, but shall not be enlarged within
                                                                                                                                                                                                      riance. I L 1986, c 258, pt of ï¿½ 1; am L ! 988, c 375,
                                                                                                                                                               the shoreline area without a va
                                        1ï¿½20-SA-41.6) r,,nforceiiientofstiorelinesetbicks. (a)Thedepanmentor                                                   ï¿½ 1; am L 1989, c 356, ï¿½ 121
                                 an agency designated by department rules shall enforce this part and rules adopted                                                                                         Revision Note
                                 pursuant to this part. Any structure.or activity prohibited by section 20SA-44, that                                                                                                       Act" and "thc effective date of this section".
                                 has not received a variance pursuant to this part or complied with conditions on a                                             "Junc 16, 1989" substituted for "thc effective date of this
                                 variance, shal I be removed or corrected. No other state or county permit or approval
                                 shall be construed as a vafiancc pursuant to this part.                                                                                                                   Cross References
                                        (b)     Where [tic shoreline is affected by a manmade structure that has not been
                                 authorized with government agency permits required by law, if any part of the                                                   Mining or taking of sand, ctc., scc ï¿½171-58.5.
                                 structure is on private property, then for purposes of enforcement of this part, the                                                                                                                          ounty. . The several
                                 structure shall be construed to be entirely within the shoreline area.                                                                 ï¿½205A.45 Shoreline setback lines established by c
                                        (c) The authority of the board of land and natural resources to determine the                                          counties through rules adopted pursuant to chapter 91 or ordinance may require
                                 shoreline and enforce rules established under section 183-41 shall not be diminished                                          that shoreline setback lines be established at distances greater than that established
                                 by a manmadc structure in violation of this part. [L 1989, c 356, pt of ï¿½1]                                                   in this part.                                                                   ant to chapter 9 1 or
                                                                                                                                                                        (b) The several counties through rules adopted pursu
                                        ï¿½205A-44 Prohibitions. (a) The mining or taking of sand, dead coral or                                                 ordinance may expand the shoreline area to include the area between mean sea
                                 coral rubble, rocks, soil, or other beach or marine deposits from the shoreline area                                          level and the shoreline. [L 1986, c 258, pt of ï¿½1; am L 1989, c 356, ï¿½131
                                 is prohibited with (lie following exceptions:                                                                                          ï¿½205A.46 Variances.              (a) A variance may be granted for a structure or
                                        (1)     Tile taking from tile shoreline area of the materials, not in excess of one                                                                                                                         writing, based on
                                                gallon per person per day, for reasonable, personal, noncommercial use,                                        activity otherwise prohibited by this pan if the authority finds in
                                                provided that stricter provisions may be established by the counties;                                          the record presented, that the proposed structure or activity is necessary for or
                                        (2)     Where (lie mining or taking is authorized by a variance pursuant to this                                       ancillary    to: ultivation of crops;
                                                part;                                                                                                                   (1)     C
                                        (3)     The clearing of the materials from existing drainage pipes and canals                                                   (2)     Aquaculture;         vided that the authority finds that the proposed structure
                                                and from the mouths of streams including clearing for the purposes under                                                (3)     Landscaping'. pro
                                                section 46-111.5-, provided (hat the sand removed shall be placed on                                                            or activity will not adversely affect beach processes and will not arli-
                                                adjacent areas unless such placement would result in significant turbidity;                                                     ficially fix the shoreline-,
                                                or                                                                                                                      (4)     Drainage;                                  s recreational facilities-,
                                        (4)     The cleaning of the shoreline area for state or county maintenance pur-                                                 (5)     Boating, maritime, or water sport                                 tic utilities regulated
                                                poses, including the clearing for purposes under section 46-12; provided                                                (6)     Facilities or improvements by public agencies or pub
                                                (hat the sand removed shall be placed on adjacent areas unless the                                                              under chapter 269;
                                                                                                                                                                        (7)     Private facilities or improvements that are clearly in the public interest;
                                                placement would result in significant turbidity.                                                                        (9)     Private facilities or improvements which will neither adversely affect
                                        (h)     Except as provided in this section, structures are prohibited in the shore-
                                 line   a rea without a variance pursuant to this part. Structures in the shoreline area                                                        beach processes nor artificially fix the shoreline; provided that the au-
                                 shall                                                                                                                                          thority also rinds that hardship will result to the applicant if the facilities
                                        not  need a variance if:                                                                                                                or improvements are not allowed within the shoreline area-,
                                        (1)     They were completed prior to June 22, 1970;                                                                             (9)     Private facilities or improvements that may artificially fix the shoreline:
                                        (2)     They received either a building permit, board approval, or shoreline                                                            provided that the authority also rinds that shoreline erosion is likely to
                                                setback variance prior to the June 16, 1989;
                                        (3)     They ire outside the shoreline area when they receive either a building                                                         cause hardship to the applicant if the facilities or improvements are not
                                                permit or board approval-,                                                                                                      allowed within the shoreline area; provided further that the authority
                                        (4)     They arc necessary for or ancillary to continuation of existing agriculture                                                     imposes conditions to prohibit any structure seaward of the existing
                                                or aquaculture in the shoreline area on June 16, 1989;                                                                          shoreline unless it is clearly in the public interest; or
                                                                                                                                                                                                                                                                            91
                                 90






                         205A-46        PLANNIM; AND E.CONOMIC DEIVELOPMENT

                               (10)  Moving ofsand from one location seaward of (he shoreline to another
                                     location seaward of the shoreline; provided that the authority also finds
                                     that moving of sand will not adversely affect beach processes, will not
                                     diminish the size of a public beach, and will be necessary to stabilize
                                     -in croding shoreline,
                               (b)   Hardship shall be defined in rules adopted by the authority under chapter
                         91. Hardship shall not be detenilincd as a result of county zoning changes, planned
                         development permits, cluster permits, or subdivision approvals after June 16, 1989,
                         or as a result of any other permit or approval listed in rules adopted by the authority.
                               (c)   No variance shall be granted unless appropriate conditions are imposed:
                               (1)   To maintain safe lateral access to and along the shoreline or adequately
                                     compensate for its loss;
                               (2)   To minimize risk of adverse impacts on beach processes;
                               (3)   To minimize risk of structures failing and becoming loose rocks or rubble
                                     on public property; and
                               (4)   To minimize adverse impacts on public views to, from, and along the
                                     shoreline. I L 1986, c 258, pt of ï¿½1; am L 1989, c 356, ï¿½141


                                                                   Note

                           For variances and pernaits granted before May 29, 1986, see L 1986, c 258. ï¿½5.


                                                              Revision Note

                           In subsection (a)(6), "chapter" substituted for ".section". In subsection (b), "June 16, 1989" substituted
                         for "the effective date of this Act".


                               ï¿½205A-47 REPEALED. L 1989, c 356, ï¿½16.


                               ï¿½205A-48 Conflict of other laws. In case of a conflict between (tie re-
                         quirenicnts of any other state law or county ordinance regarding shoreline setback
                         lines, the more restrictive requirements shall apply in furiliefing the purposes of
                         this part. Nothing contained in this part shall be construed to diminish thejurisdiction
                         of the state department of transportation over wharves, airports, docks, piers, small
                         boat, or other harbors, and any other maritime or water sports recreational facilities
                         (o be constructed on state land by the State; provided that such plans are submitted
                         for the review and inforn)ation of the officer of the respective agency charged with
                         the administration of the county zoning laws, and found not to conflict with any
                         county ordinances, zoning laws, and building code. [L 1986, c 258, pt of ï¿½ I I

                               ï¿½205A-49 Adoption of rules. Each agency charged with carrying out this
                         part shall adopt rules necessary to implement or comply with this party by July 1.
                         1990. All rules shall be adopted under chapter 9 1. [L 1986, c 258, pt of ï¿½ 1; am L
                         1989, c 356, ï¿½ 151










                            92




 I
 I
 I                                   I
 I
 I
 I
 I
 I
 I
 I                               Appendix B
 I                   H-PASS Input Forms and
                      Pertinent Documentation
 I
 I
 I
 I
 I
 I
 I
 I






                                     Hawaii Coastal Zone Management J@Fjogram
                                                 Monitoring Log


      DATE-                                                      DATE DUE:

                                                                 DEADLINE:

      TO: 1                          3           4           S            6


      FROM:

      PERMIT TYPE: EIA         Neg. Dec.     Prep. Notice        DEIS     FEIS      Other

                       Fed. Con.      A-9S      LUDBA      CDUA     NPDES

                       CCSMA     MCSMA      HCSMA       KCSMA


      ACTION REQUIRED: Note and File                         Reply                    Other
                           Review and Comment                            Take Appropriate Action



      -----------------------------------------------------              ----------------------------------


      TW (first):                                                  County: 1-Hon Z=Maui 3=Hawaii 4=Kauai
      APPLICANT:   - ---              if not a firm or    organization             (30)
                    last name only
      PROJECT TITLE/DESCRIPTION:                                                                             (50)

      PREVIOUSLY REVIEWED: Staff:

                                Date:


                                File:

      ACTION TAKEN:          Response Prepared               Comments             No Comments
                             Approved                  Approved with   Conditions                 Checklist

                             FC Screens                   File Memo                      Objection

      REVIEWED BY:               Date:

      Xicro -                          Field Verification:

      FILED:

      Ca44F-NTS:                                                                                            (50)







                                    CPEO MONITORING CHECKLIST                         10/19/81


        DPMON REC ID:         8
        Permit Type:                      201=LUDBA 217=CDUA 222=EIS
                                          306=CCSMA   406=HCSMA 506=KCSMA 606=MCSMA
        Permit I.D.:          - - - - - - - - - -    (From H-PASS, if available)
        Agency I.D.:          - - - - - - - - - -    (Agency's File Number)
        Project Title:
        Applicant Name:              - - - - - - - - - - - - - - - - - - - - - -
        Applicant Type:             [1=State 2--County 3=Private 4=0ther]
        Landowner Type:             [I=Fed 2=State 3=County 4=HawnHomes 5=Priv 6=Mixed]
        County:          [1=Honolulu 2=Maui 3=Hawail 4=Kauail
        TMKs:     - - - - - - - - -




              Additional TMKs:
        Abuts Shoreline:            [I=Yes]
        Proposed Activity:          CCodebook]
        Estimated Cost:
        Project Size:
                   Unit:            El=Sq Ft 2=Acres 3=Ln Ft 4=Miles]
        Project Description: (include no. of units, bldgs, height, locality)


        ----------------------------------------





        ----------------------------------------

              I
        ----------------------------------------


        ----------------------------------------


        State Land Use:                        [I=Urban 2--Rural 3=Agric 4=Cons)
        General Plan:                        [Codebook]
        Zoning:                              (Cadebook3
        Existing Use:
        Surrounding Use:
        Application Status:         11=Pending 2=Approved 3=Denied 4=Withdrawn
                                    5=Null/Void 6=Exempt 7=Contested 8=Appealed]
        OATES:     Filing;
                   Public Hearing:
                   Decision:

                   Contested:





  i
     ncy Assessment of Impacts: (H-PASS)
     reational:                                   Historic:
  I  nic/Open:                                    Ecosystem:_
  C St Hazards:                                   Economic:


       IMPACT    ADVERSE    CONDITION    MITIGATION    NET TOTAL         COMMENTS
                   7=7z-                    U=FU--     73v-e r s e (if neT-,--e-xP7a-in)
       CCodebk]  I=Maybe    [Codebook]      I=Maybe    minus
                 2=Yes                       2=Yes     Mitigation
  R1
  R
  R1
  H








  SCE




  ESY
  4
  ESY

  Ej
  HAz

  H











     TOTALS: RECREATION:              HISTORIC:                  SCENIC:
  If           ECOSYSTEMS:            HAZARDS:                   ECONOMIC:
     RESOURCES:
  Cler Permits and Approvals Required:
  Date(Reviewed:                           Reviewer: - - -








                                      1/19/83




   DPFED      FEDERAL CONSISTENCY REVIEW PROCESS SCREEN 1


   FILE ID:       PROJECT TITLE:


                           - - - - - - - - - -


   STATUS- 1=Incompl 2=Pending 3=W/D 4=Concur 5=Concur w/c 6=Object 7=Appeal
   DATES: 	RECEIVED:  --/--/--       ACCEPTED:  --/--/--
      PUBLIC  NOTICE:--/--/-- DECISION: --/--/--


   CONSISTENCY CATEGORY: 1=Activity 2=Permit 3=OCS 4=Grant
   Areawide Clearinghouse No.: 
   APPLICANT'S STATEMENT: 1=Consistency 2=Inconsistency 3=General Consist  4=Negative Det. 5=Excluded Lands
   APPLICANT NAME: 
   AGENT'S NAME:

   MAJOR LANDOWNER:
   TYPE OF APPLICANT: 1=State 2=County 3=Private 4=Other
   TYPE OF LANDOWNER: 1=Federal 2=State 3=Hawn Homes 4=County 5=Pvt 6=Ceded
   FEDERAL AGENCY:

   PROPOSED ACTIVITY:



   DESCRIPTION:





   PARCEL SIZE:   --, ---. - -PROJECT SIZE:--,---.--
      1=Sq. Feet 2=Acres to nearest .01 3=Linear Ft 4=Linear Miles












      DPFED                   FEDERAL CONSISTENCY REVIEW PROCESS                 SCREEN 2


      COUNTY:       1=@bn 2=Nlau i3= Fhwa i i 4= Kaua iPARCEL ABUTS SK)RELINE:         1= Ye s


      TN,fKs





      Additional    TIMKs:


      STATE LAND    USE DIST.:                     1=i,-rban 2=Rural 3=Qms  4=Ag
      EXISTING LAND USE:

      SURROUNDING LAND USE:
      OTHER PFIZNIITS REQUIRED:  . . .     . . .                        . . .     . . .
      AGENCY REFERRALS/CLA@ENTS:

         I=Goncur 2=Gomments
         3=Objection 4=Cond. Requested


      CZM INTACTS:    RECREATIONAL:                               HISTORIC:
                      SCENIC/OPEN:                                ECOSYSTEM:
                       COAST HAZARDS:                             ECONONIIC:


      CONDITIONS:1  -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          FOLLOWUP:       /      /
                    2----------------------------------------
                    3-- - / --   / --
                                  ---------------------------------


                    4----------------------------------------




      REVIEWER:
      REVIEW DATE:
      C01MMENTS:


                    --------------------------------------


                    ------------------------












             IMPACT        ADVERSE        CONDITION        14TIGATION         NET TOTAL               COMME NTS
                              O=No                              0='NO         Adverse         (If net, explain)
              (Godebk       1 = Me y b e  (Godebook]            1=%ybe        Ndnus
      REC                   2=Yes                               2=Yes         Mitigation
    I
      REC

      REC


      H IS

      HIS

      H IS


      SCE

      SCE

      SCE


      ESY

      ESY

      ESY


      E c'N4

      E


      HAZ

      HAZ

      HAZ



     I., I
     IVI
     .I
     I
     I                    DPED/CZM MONITORING SYSThM (DPMON)
                             FEDERAL CONSISTENCY (DPFED)
     I                                CODEBOOKS
     I                          Revised June 29, 1982
     I
     I
     I
     I
     I                                                     I..
     I

                                                                                    4
     I
     I
     I
     I
     I
     I




      101  = FEDERAL EIS                I. pomIT TYPE      345  = A-9S PERMIT
      102  = FEDERAL DEIS                                  3SO  = GRADING PERMIT
      103  = FEDERAL FEIS                                  351  = GRUBBING PERMIT
      104  = FEDERAL EIA                                   352  = STOCKPILING
                                MT                         355  = WATER DISCHARGE
      110  = DEPT. OF ARMY PEP
      120  = AIRSPACE                                      356  = WASTE)NATER DISCHARGE
      121  = AIRPORTS                                      357  = DRAINAGE PERMIT
      122  = AIRPORTS  QUASI-PUBLIC                        360  = SEWER PERMIT
      140  = MARINE SAN CTU ARIES                          361  = SEWER EXTENSION
      150  = HISTORIC SITES                                362  = NEW SEWER SYSTEMS
      160  = STORAGE TANK                                  370  = WELLS
      170  = BRIDGES                                       371  = WATER SYSTEM
      171  = AIDS TO NAVIGATION                            375  = BUILDING PERMIT
      201  = LUC DISTRICT CHANGE                           376  = BUILDING VARIANCE
      ZOZ  = SPECIAL USE PEMM                              400  = HC SUBDIVISION
      205  = AIRPORTS                                      401  = AGRICULTURAL USE
      206  = AIRPORT HAZARDS                               405  = SHORELINE SETBACK
      210  = SHORE AND SHOREWATER                          406  = HC SMA USE PERMIT
      211  = BOAT MOORING                                  410  = PLAN APPROVAL
      212  = PLACENENT OF BUOYS                            420  = KAILUA VILL SPC DIST
      213  = SALVAGE                                       430  = HC GENERAL PLAN
      214  = DUMPING OF MATERIAL                           435  = ZONING CHANGE
      21S  = STATE HIGHWAYS                                436  = ZONING VARIANCE
      217  = CDUA PERMIT                                   440  = PLANNED DEVELOPMENT
      222  = STATE EIS                                     441  = PLAN U DEVELOPMENT
      223  = NEGATIVE DECLARATION                          442  = CLUSTER DEVELOPMENT
      224  = PREPARATION NOTICE                            443  = MOBILE HOME PARK
      22S  = ENV. ASSESSMENT                               44S  = SUBDIVISION VARIANCE
      230  = STRIP MINING                                  447  = SPECIAL USE PERMIT
      231  = EXPLORATION PER]MIT                           448  = SPECIAL PERMIT
      232  = GEOTHERMAL DRILLING                           450  = GRADING PERMIT
      233  = NARS, PERMIT                                  451  = GRUBBING PERMIT
      234  = GROUNDWATER USE                               452  = STOCKPILING PERMIT
      235  = GROUNDWATER SUPPLY                            .460 = SEWER CONNECTION
      236  = HISTORIC PROPERTY                             475  = BUILDING PERMIT
      237  = FISHING PERMIT
      245  = AIR POLLUTION SOURCE                          SOO  = Kc SUBDIVISION PERMIT
      246  = AGRICULTURE BURNING                           501  = AGRIC. USE AGREEMENT
      250  = DRINKING WrIER                                505  = SHORELINE SETBACK
      251  = ZONE OF MIXING                                506  = KC SMA USE PERMIT
      254  = NOISE                                         510  = SPECIAL USE FMTIT
      255  = SEWAGE SYSTEMS                                530  = KC GENERAL PLAN
      256  = NPDES PERMIT                                  535  = ZONING CHANGE
      257  = SOLID WASTE DISPOSAL                          536  = ZONING VARIANCE
      265  = POLLUTION VARIANCE                            S40  = CONDITIONAL USE   PERM
      270  = A-95 CLEARINGHOUSE                            542  = AGRIC PARK SUBDVSION
      271  = FEDERAL CONSISTENCY                           S44  = PRGJ DEV USE PERMIT
      280  = PESTICIDES                                    550  = GRADING PERMIT
      300  = C&C SUBDIVISION                               @K   == Fg-MIEWMIT
      301  = PLANNED DEVELOPMENT                           S60  = SEWER CONNECTION
      302  = CLUSTER                                       561  = COUNTY ROADS PERMIT
      30S  = SHORELINE SETBACK                             57S  = BUILDING PERMIT
      306  = C&C SMA USE PERMIT
      S10  = AllFRQPRIki'hNE5'S-                           605  = MC SHORELINE SETBACK
      311  = DEVELOPMENT UNITY                             606  = MC SMA USE PERMIT
      312  = SITE DEVELOPMENT                              610  = SPECIAL USE P=1 T
      320  = SPECIAL USE PERM@IT                           630  = MC GENERAL PLAN
      321  = CONDITIONAL USE                               63S  = ZONING CHANGE
      322  = SPECIAL PEP14T                                650  = GRADING PERMIT
      32S  = FLOOD HAZARD                                  651  = GRUBBING PERMIT
      326  = FLOOD HAZARD                                  6S2  = STOCKPILING PERMIT
      33S  = CHANGE OF ZONE                                660  = SEWER CONNECTION
      7 '1 It - -'?r%WlTlktr IrAnTAMrT:                    f In - CfMl'lTirTCTf)Kl Dr-OMTr














       II. PROPOSED ACTIVITIES


       01  AGRICULTURE                                     ZO INDUSTRIAL-HEAVY

       02  AIR TRANSPORTATION                              21  LAND SUBDIVISION

       03  AQUACULTIM                                      22  LAND TRANSPORTATION

       04  BASEYARDS                                       23  MARINE RESOURCES

       OS  COMMERCIAL                                      24  PARKING FACILITIES

       06  COMNUNICATIONS                                  2S  POLICE/FIRE FACILITY

       07  DEFENSE OPERATIONS                              26  PUBLIC INSTITUTIONS

       08  DREDGE DISPOSAL                                 27  RECREATION FACILITY

       09  EDUCATIONAL FACILITY                            28  RESEARCH

       10  ENERGY DEVELOPMENT                              29  RESIDENTIAL,SINGLE-F
       11  EXCAVATION/MINING                               30  RESIDENTIAL, MULTI -F

       12  FLOOD CONTROL/DRAIN                             .31 SHORELINE MANAGB04T

       13  FORESTRY                                        32  SOLID WASTE DISPOSAL

       14  GRADING/FILLING                                 33  WASTEWATER MANAGBINT

       15  HAZARDOUS WASTE MGT                             34  WATER SUPPLY

       16  HEALTH FACILITIES                               35  WATER TRANSPORTATION

       17  HISTORIC RESTORATION                            36  WILDLIFE MANAGB4ENT

       18  HOTELS/RESORTS                                  37  UTILITIES

       19  INDUSTRIAL-LIGHT                                99  OTHER    *3S
                                                                         2@ WAVG












        I I I. CITY AND COUNFY OF HONOLULU               IV. KAUAI GENERAL PLAN AND ZONING
              GENERAL PLAN AND ZONING                    General Plan
        General Plan
                                                         01   SF Residential
        01  Agriculture                                  02   MF Residential
        02  Residential                                  03   Resort
        03  Apartment                                    04   Commercial
        04  Resort                                       05   Project District
        05  Commercial                                   06   Industrial
        06  Industrial                                   07   Public
        07  Parks & Rec                                  08   Park
        08  Pub Housing                                  09   Agriculture
        09  Military                                     10   Military
        10  Cemetary                                     11   Open
        11  Preserv
        12  Pub Faciltes
        13  Highway                                      Zoning

                                                         01   SF Residential
        Zoning                                           02   MF Residential
                                                         03   Neeigh Commercial
        01  P-1                                          04   Gen. Industrial
        02  AG-1                                         05   Limited Industrial
        03  AG-2                                         06   General Industrial
        04  R-1                                          07   Open
        05  R-2                                          08   Agriculture
        06  R-3                                          09   Special Treatment
        07  R-4                                          10   Construction
        08  R-5
        09  R-6
        10  R-7
        11  A-1
        12  A-2
        13  A-3
        14  A-4
        15  A-5
        16  H-1
        17  H-2
        18  B-1
        19  B-2
        20  B-3
        21  B-4
        22  B-5
        23  1-1
        24  1-2
        25  1-3
        26  PD-H
        27  SDD
        28  Other











      V. MAUI COUNTY GENERAL PLAN AND ZONING

      Lahaina District                                   Hana
      01   Residential                                   01  Residential
      02   Dupldx                                        02  Duplex
      03   Apartment                                     03  Apartment
      04   Commercial                                    10  Hotel
      OS   Resort Commercial                             17  Business
      07   Industrial (Heavy)                            18  Industrial
      08   Industrial (light)                            33  Special Permit Industry
      09   Public                                        34  Airport, Road, Breakwater
      10   Hotel                                         20  Public Use
      11   Park                                          11  Park
      12   Historic District                             Zl  Drainage
      13   Agricultural                                  35  Golf Course
      14   Open                                          36  Open Area
      15   Airport                                       37  Pedestrian Mall
      16   Other                                         24  Planting Buffer
                                                         38  Trail
      Kihei                                              39  Agriculture
      01   Residential
      02   Apartment                                     Paia
      10   Hotel                                         01  Residential
      17   Business                                      02  Duplex
      05   Resort Commercial                             03  Apartment
      18   Industrial                                    10  Hotel
      13   Agricultural                                  17  Business
      19   Rural                                         08  Light Industrial
      20   Public Use                                    07  Heavy Industrial
      11   Park                                          15  Airport
      21   Drainage                                      39  Agriculture
      22   Existing Street                               19  Rural
      23   Proposed Street                               40  Civic Improvement District
      Z4   Planting Buffer                               41  Special Housing
      2S   Beach right-of-way, Golf course,              20  Public Use
           Open zone                                     11  Park
      16   Other                                         21  Drainage
                                                         42  Streets
      Wailuku
      26   Residential, Multi-Family
      27   Residential, Single Family                    LANAI
      04   Commercial                                           a. Lanai City
      10   Hotel                                         43  Suburban Residential
      28   Public/Quasi-public                           27  Single Family Residential
      07   Light Industrial                              44  Multiple Residential
      07   Heavy Industrial                              04  Commercial
      13   Agricultural                                  4S  Public/Semi-Public Use
      29   Open Space                                    18  Industrial
      11   Park                                          46  Parking
      30   Project District                              11  Park
      31   Airport District                              47  Wooded Area
      32   Proposed Road                                 48  Parkway & Planting Strip
      12   Historic District                             49  Equestrian Trails
      16   Other













                                                          MAUI ZONING

              b. Lanai Island                             01   Sing. Family Res.
        39  Agriculture                                   02   Mult. Family Res.
        50  Conservation/Game Reserve                     03   Hotel
        51  Forest                                        04   Neighborhood Business
        11  Park                                          05   Community Business
        52  Pasture                                       06   Central Business District
        53  Diversified Agriculture                       07   Resort Commercial
        54  Plantation Agriculture                        08   Light Industrial
        55  Agricultural Residential                      09   Heavy Industrial
        S6  Rural Residential                             10   Airport District
        57  Urban                                         11   Agricultural District
        S8  Resort                                        12   Planned Development
        59  Harbor                                        13   Project District
        15  Airport                                       14   Historic District
                                                          15   Not Zoned
        Molokai                                           16   County Interim District
        01  7e--s-idential                                17   Napili Bay Civic Imp Dist
        03  Apartment
        10  Hotel
        17  Business                                      VI.  HAWAII COUNTf GENERAL PLAN AND
        08  Light Industrial                                   ZONING
        07  Heavy Industrial
        4S  Public/Semi-Public Use                        General Plan
        39  Agriculture
        24  Rural                                         01   High Density Urban
        11  Park                                          02   Medium Density Urban
        29  Open Space                                    03   Low Density Urban
        60  Military                                      04   Industrial
        61  Flood Plain                                   05   Agricultural
        62  Planting Strip                                06   Open/Conservation
        42  Streets                                       07   Resort
                                                          08   Alternate Urban Expansion
        Makawai-Pukalani-Kula                             09   University Use.
        63  Country Town
        64  Prime Diversified  Agriculture                Zoning
        65  General Agriculture                           01   Single Family Residential
        04  Commercial                                    02   Multiple Family Residential
        66  Retreat Resort                                03   Residential Agricultural
        20  Public Use                                    04   Agricultural
        11  Park                                          05   Unplanned
                                                          06   Resort
                                                          07   Commercial
                                                          08   Industrial
                                                          09   Open/Forest Reserve
                                                          10   Safety
                                                          11   Intensive Agricult.
                                                          12   Other








       VIII. CONDITIONS

       Recreational Resources                            48 =  Ensure adequate erosion controls
       01 = Dedicate park or recreation                  49 =  Impose grading conformance
            facility                                           requirements
       02 = Dedicate  open space                         50 =  Alter or deny proposed dredge or
       03 = Improve existing facilities                        fill activities
       04 = Provide shoreline access                     51 =  Alter or deny construction in
       05 = Improve pedestrian access to                       shorewaters
            shoreline                                    52 =  Alter or deny stream, marsh,
       06 = Provide vehicular access.to                        wetlands, or shoreline
            shoreline                                          modification
       07 = Provide public parkin facilities             53 =  Alter or deny development in
       08 = Provide public shower@restroom                     shoreline setback area
            facilities                                   54 =  Alter or deny activity impacting
       18 = Other:                                             endangered species habitat.
       19 = Other:                                       SS =  Mitigate temporary construction
                                                               impacts
       Historic Resources                                56 =  Require shoreline survey
       ZU = Stop work, inform SHPO or PD if              60 =  Grading shall not alter natural
            sites found                                        drainage pattern
       21 = Perform archaeological survey                61 =  No adverse affect on downstream
       22 = Perform intense archaeological                     properties
            survey                                       62 =  Submit drainage/erosion control
       23 = Salvage historic resources                         plan for approval
       24 = Preserve historic resources on               73 =  Other:
            site                                         74 =  Other:
       25 = Map valuable features for future
            reference                                    Economic Uses
       26 = Alter or deny proposed development           79 = 0     r:
       27 = Have archaeologist present during            79 = Other:
            excavation
       28 = Other:                                       Coastal Hazards
       29 = Other:                                       80 =  Alte-r-=rainage system
                                                         81 =  Alter or prohibit activity to
       Scenic and Open S2ace                                   prevent erosion
       30 = Alter building bulk (height,                 82  = Certify flood depth or tsunami
            width, depth)                                      run-up
       31 = Require visual/aesthetic design              83  = Require first habitable floor
            modifications                                      above 100-year flood/tsunami line
       32 = Require shoreline setback beyond             84  = Require flood-proofing of
            requirements                                       structures
       33 = Alter design or location of                  8S  = Conform with FIRMs/regulations
            infrastructures                              86  = Require flowage easement for flood
       34 = Require site landscaping                     88  = Other:
       35 = Minimize alteration of                       89  = Other:
            landforms/vegetation
       36 = Require approval of                          Nbnaging Develo ent
            design/landscaping plan                      90 =  Certify new or replacement water
       43 = Other:                                             sources
       44 = Other:                                       91  = Dedicate new infrastructure
                                                         92  = Improve existing infrastructure
       Coastal Ecosystems                                93  = Require approval of other
       4S = Require DOH/County approval of                     departments
            sewer system                                 94  = Comply w/ other
       46 = Alter sewage disposal system                       ordinances/requirements
       47 = Ensure adequate drainage controls            97  = Other:
                                                         98  = Other:
                                                         99  = Other nonZZM conditions imposed




I



    VI 1. POTENTIAL CZM IMPACTS

    RECREATIONAL RESOURCES                           COASTAL ECOSYSTEMS

    01  INVOLVES PUBLIC R-O-W                        01  DREDGE OR FILL INVOLVED
    02  ABUTS PUBLIC R-O-W                           02  SETBACK VARIANCE REQD
    03  ABUTS SHORELINE                              03  EFFLUENT TO BE DISCHARGED
    04  ABUTS STATE PARK                             04  EXTENSIVE GRADING INVOLVI)
    05  ABUTS COUNTY PARK                            OS  WASTE TRFA14ENT FACILITY
    06  ABUTS PERENNIAL STREAM                       06  INTERMITTENT STREAM
    07  REC USE COUNTY GEN PLAN                      07  ABUTS INTERMITTENT STREAM
    08  REC USE COUNTY DEV PLAN                      08  PERRENIAL STREAM ON SITE
    20  IN/ABUTS SURF SITE                           09  ABUTS PERlUNIAL STREAM
    21  POPULAR FISHING GROUND                       10  ENDANGERED SPECIES SITE
    22  REC. BOATING AREA                            11  ENDANGERED SPECIES NEARBY
    30  SCORP EXISTING                               12  WETLAND AREA.
    31  SCORP PROPOSED                               13  ABUTS WETLAND AREA
    3Z  SURF SITE                                    14  NATURAL AREA RESERVE
    33  SANDY BEACH                                  15  MARINE LIFE CONS DIST
    90  OTHER REC USE                                16  ESTUARINE SANCTUARY SITE
                                                     20  INABUTS CORAL REEF
    HISTORIC RESOURCES                               21  CONST INION WATER/BEACH
                                                     22  CONST/DREDGING OFF BEACH
  101   HISTORIC/CULTURAL DIST                       23  OFFSHORE SANCTUARY
    02  SITE LISTED ON HI REGISTR
   l
    03  SITE LISTED IN NATL REGTR                    ECONOMIC USES
    o"j4NOMINATED TO HI REGISTER
    05  NOMINATED TO NATL REGISTR                    01  HARBOR OR PORT
    06  UNDEVELOPD/U@ISURVED LAND                    02  DESIGNATED RESORT AREA
    0   SITES DISCOVERED                             03  USES AGRICULTURAL LAND
   tl   SIGNIFICANT SITE (DLNR)                      04  SEAFOOD PRODUCTION
    32  SURVEYED, SITES FOUND                        05  ENERGY PRODUCTION
    3   HAWAIIAN FISHPOND                            06  SEABED MINING
    4   HIST SETnEMENT AREA                          30  FISHERIES

  -$CENIC AND OPEN SPACE RESOURCES                   COASTAL HAZARDS
   11   ABUTS SCENIC LANDMARK                        01  SANDY BEACH ON OR ABUTS
    02  MULTI-STORY CONSTRUCTION                     02  TSUNAMI INUNDATION AREA
        ABUTS UNDEVELOPED PARCELS                    03  FLOOD INUNIDATION AREA
        BLOCKS VIEW TO SHORELINE                     04  SUBSIDENCE HAZARD AREA
    fo  CONST. INION WATER/BEACH                     30  HIGH SURF
                                                     31  SAND DUNES








                                                                   AGENCY CODES (PARTIAL LIST FOR F=N@


                   500 F-Air Force                                                   170 S-DOA

                   505   F - ArTay                                                   250     S-DOH
                   S08   F-Corps of Eng                                              2S5     S-DOH-ENV

                   515   F-Coast Guard                                               265     S-DOH-OrQC

                   520   F-Na\,v                                                     281     S-DLNR
                 5
                   1
                    ?
                   530   F-DOT-FAA                                                   328     S-DPED-Land Use

                   532   F-DOIT-Highways                                             331     S-DPED-Econ Dev

                   540   F-DOI-FWS                                                   340     S-DPED Energy

                   B 4 '1 F-DOIL-HCRS                                                346     S-MAC

                   5 4 4 F-DOI-Parl:s                                                380     S-DOT

                   A
                   ---t6 F-DOI-USGS                                                  -585    S-DOT-Air

                   S52   F - XaA - SC S                                              390     S-DOT-Land

                   560   F - DOC - NOkk                                              395     S-DOT-Water

                   565   F - DOC - FEMA                                              447     UM-Emv CtT


                         F-HLM

                   582   F - EPA                                                     620     K-Plaming I)e-PL

                   587   F-rOE                                                       630     K-Public Works

                                                                                     640     K-WateT Supply

                                                                                     720     O-DLU


                                                                                     730     O-DGP
                   820 H-Plarm:Lng Dept
                   830 H-P)jblic Mrks                                                740     O-Public Works
                                                                                     745     O-Parks & Rec
                   8410  H-Parks & Rec                                               755     O-Water Supply
                   850   H-Water Supply
                   930   M-Planning Dept                                             780     O-Trans Svcs
                   940   M-Public Works

                   945   M-Land Use/Codes

                   950   M-W-3-ter Supply








Report:  9/24/85                           H-PASS TABLE DISPLAY UTILITY
                                     HAWAII PERMIT APPLICATION AND SUPPORT SYSTEM


                                  Table: HPSYST82  Table Name: 2-DIGIT GLU
  C ode        Description
   00       = *UNSPECIFIED*                                                   01       = SINGLE FAMILY RES.
    02       = DUPLEX - RESIDENTIAL
   03       = MULTI-FAMILY RES.
   04       = MISCELLANEOUS RES.
    10       = MANUFAC. DURABLE GOODS
  15        = MANUFAC. NON-DURABLE GOOD
   20       = INDUST. CONSTRUCTION
   21       = INDUST. UTILITIES
  30        = RETAIL TRADE
   35       = WHOLESALE TRADE
    40       = CONSUMER SERVICES
    41        = PROFESSIONAL SERVICES
   42       = GOVERNMENTAL SERVICES
   43       = BUSINESS SERVICES
   44       = HEALTH & WELFARE SERVICES
  50        = PERSONAL DEVELOPMENT
   6O      = RECREATION -   PUBLIC
   65       = RECREATION -    PRIVATE
  70     = AGRICULTURE
   71       = MINING AND QUARRY
  72       = FORESTRY
   73       = FISH & HUNT & TRAPPING
   80       = TRANSPORTATION
   90       = DEVELOPABLE OPEN SPACE
   91       = UNSUBDIVIDED VACANT LAND
  92       = AREA BEING DEVELOPED
   93       = UNDEVELOPABLE OPEN SPACE
   94       = STREET AREA
   98         = OTHER
   99       = ESTAB. ACTIVITY UNKNOWN
 

Date of Report:  11/14/86   P. 1

H-PASS TABLE DISPLAY UTILITY
HAWAII PERMIT APPLICATON AND SUPPORT SYSTEM

Table:  HPSYST82  Table Name:  LEVEL OF GOVERNMENT

Code  Description

000 = *UNSPECIFIED*
100 = S-GOVERNOR
102 = S-COV-ACC
103 = S-GOV-CONS PROT
105 = S-COV-DEO
107 = S-GOV CHCI
109 = S-GOV-CPHF
120 = S-LT GOV
124 = S-HI CZM PROGRAM
130 = S-LEGISLATURE
131 = S-LEG-AUDITOR
132 = S-LEG-LRB
133 = S-LEG-HRB
134 = S-LEG-OMBUDSMN
138 = S-LEG-ETHICS
150 = S-JUDICIARY
152 = S-JUD-SUPREME
154 = S-JUD-CIRCUIT
156 = S-JUD-FAMILY
158 = S-JUD-DISTRICT
160 = S-DAGS
165 = S-DAGS-PH
170 = S-DOA
171 = S-BDA
180 = S-AG
190 = S-BNF
193 = S-BNF-PLANNING
195 = S-BNF-EDPD
200 = S-BNF-HIMAG
202 = S-BNF-PUC
204 = S-BNF-STADIUM
206 = S-BFM-CULT/ARTS
208 = S-DNF-HIST/HUM
210 = S-DOD
215 = S-DOD-CD
220 = S-DOE
240 = S-DHHL
241 = S-HHC
250 = S-DOH
253 = S-DOH-SHPDA
255 = S-DOH-ENV
265 = S-DOH-DEGC
266 = S-DOH-EGC
270 = S-DLIR
280 = S-BLNR
281 = S-DLNR
283 = S-DLNR-PLANNING
284 = S-DLNR-NARS
285 = S-DNLR-HCRS
287 = S-DNLR-FISH/GAME


Code  Description

288 = S-DLNR-AR
290 = S-DLNR-ENFORCE
293 = S-DLNR-FORESTRY
294 = S-DLNR-NARSC
295 = S-DLNR-LAND MGT
298 = S-DLNR-ST PARKS
299 = S-DLNR-SHPO
301 = S-DLNR-DOWALD
310 = S-DPS
320 = S-DPED
323 = S-DPED-PLANING
328 = S-DPED-LAND USE
331 = S-DPED-ECON DEV
334 = S-DPED-READ
337 = S-DPED-FTZ
339 = S-DPED-ADP
340 = S-DPED-ENERGY
341 = S-DPED-CSPTA
342 = S-DPED-EPIS
343 = S-DPED-TOURISM
344 = S-LUC
346 = S-MAC
348 = S-HCDA
350 = S-DRA
360 = S-DSSH
365 = S-DSSH-HHA
370 = S-DTAX
380 = S-DOT
385 = S-DOT-AIR
390 = S-DOT-LAND
395 = S-DOT-WATER
430 = S-NIV-HAWAII
435 = UHM-TROP AC
437 = UHM-BOTANY
439 = UHM-UHCC
441 = UHM CRDG
443 = UHM-ENG
445 = UHM-ENC RES
447 = UHM-ENV CTR
449 = UHM-FACILITIES
451 = UHM-GEOGRAPHY
453 = UHM-GEOLOGY
455 = UHM-FISHERY
457 = UHM-HI GEOTHML
459 = UHM-GEOTML RES
461 = UHM-HIC
463 = UHM-MAR BIOLOGY
465 = UHM HNEI
467 = UHM-TSUNAMI CTR
469 = UHM-LAW OF SEA


Code  Description

471 = UHM-LOOK LAB
473 = UHM-MARINE OPT
475 = UHM-SEACOAST
477 = UHM-SEA GRANT
479 = UHM-TSUNAMI
481 = UHM-URPP
485 = UH-LEEWARD CC
486 = UH HONOLULU CC
487 = UH WINDWARD CC
488 = UH-KAPIOLANI CC
489 = UH-WEST OAHU
492 = UH-HILO
495 = UH-HAWAII CC
496 = UH-KAUAI CC
497 = UH-MAUI CC
500 = F-AIR FORCE
505 = F-ARMY
508 = F-CORPS OF ENG
515 = F-COAST GUARD
520 = F-NAVY
523 = F-MARINE CORPS
530 = F-DOT-FAA
532 = F-DOT HIGHWAYS
534 = F-DOT-NHTSA
536 = F-DOT-UMTA
540 = F-DOI-FW3
542 = F-DOI-HCRS
544 = F-DOI-PARKS
546 = F-DOI-USGB
550 = F-DOA-FARM HOME
552 = F-DOA-SCS
560 = F-DOC-NOAA
561 = F-NOAA-DCZM
562 = F-DOC-NMFS
565 = F-DOC-FEMA
567 = F-DOC-FZB
570 = F-STATE
575 = F-HUD
580 = F-NRC
582 = F-EPA
587 = F-DE
590 = F-WRC
599 = F-AS APPROPRIATE
601 = K-MAYOR
603 = K-OFC ECON DEV
610 = K-COUNCIL
615 = K-PLANNING COMM
620 = K-PLANNING DEPT
630 = K-PUBLIC WORKS
640 = K-WATER SUPPLY



Date of Report:  11/14/86   Page 4

H-PASS TABLE DISPLAY  UTILITY
HAWAII PERMIT APPLICATION AND SUPPORT SYSTEM

Table:  HPSYST82  Table Name: LEVEL OF GOVERNMENT


Code  Description

650 = K-FIRE
655 = K-POLICE
700 = O-MAYOR
710 = O-CITY COUNCIL
715 = O-PLANNING COMM
717 = O-ZONING BD
720 = O-LAND UTIL
730 = O-GEN PLANNING
740 = O-PUBLIC WORKS
745 = O-PARK & REC
750 = O-BUILDING
755 = O-WATER SUPPLY
760 = O-HOUSING & CO
765 = O-HRA
767 = O-FIRE
770 = O-POLICE
775 = O-HUM RESOURCES
780 = O-TRANS SVCS
785 = O-FINANCE
800 = H-MAYOR
810 = H-COUNCIL
815 = H-PLANNING COMM
820 = H-PLANNING DEPT
830 = H-PUBLIC WORKS
831 = HILO ELECTRIC
840 = H-PARKS & REC
850 = H-WATER SUPPLY
855 = H-HELCO
860 = H-FIRE
865 = H-POLICE
867 = H-CIV DEFENSE
870 = H-RES & DEVEL
875 = H-HRA
880 = H-HOUSING
885 = H-KVSD
900 = M-MAYOR
903 = M-HISTORIC COMM
905 = M-PLANNING COMM
907 = M-MOLOKAI ADV
909 = M-LANAI ADV
911 = M-NAPILI IMPRV
913 = M-URBAN DESIGN
915 = M-ECON DEVEL
920 = M-COUNCIL
930 = M-PLANNING DEPT
940 = M-PUBLIC WORKS
945 = M-LAND USE/CODE
950 = M-WATER SUPPLY
955 = M-PARKS & REC
960 = M-FIRE


Code  Description

965 = M-POLICE
970 = M-HUMAN CONCERN
975 = M-CORP COUNSEL
980 = OTHER AGENCY
999 = NO AGENCY





PERMIT CODES:  1=EIA  2=NEGDEC  3=PREP NOTICE  4=DEIS  5=FEIS
6=PE.CON  7=     8=LUDEA  9=CDUA  10=NPDES  15=


REC-11

41
46
1694
1125
1037
1830
1065
721
61
66
685
771
827
82
845
116
448
1033
1122
847
1645
720
1613
1714
298
15
1834
444
821
833
929
1718
1744
1355
187
480
669
316
1815
1260
1168
1627
166
1020
1073
1618
1217
893
909


PROJECT TITLE

AHUIMANU SF RESIDENCE & FARM
AIEA BAY RECREATION AREA MASTER PLAN
AIEA BAY STATE RECREATION AREA
AIEA BAY STATE RECREATION AREA
AIEA POST OFFICE LAND TRANSFER
AINAKEA RESIDENTIAL COMPLEX
ALA MOANA CANAL
ALA MOANA CANAL DRAINAGE IMPROVEMENTS
ALA MOANA BLVD. HTOEL/CONDO
ALA MOANA SEWER RECONSTRUCTION
ALA MOANA STORM DRAINAGE IMPROVEMENTS
ALA WAI BOAT HARBOR IMPROVEMENTS
ALA WAI BOAT TRANSPORTATION
ALA WAI CANAL UTILITY LINES
ALA WAI CANAL FLOATING DOCK IMPROVEMENTS
ALA WAI CANAL WATERLINE
ALA WAI FLOATING DOCKS
ALA WAI LINE CROSSING
ALA WAI MARGINAL WHARF
ALAKEA-BISHOP STREETS SEWER RECONSTRUCTION
ALAPAI STREET MUNICIPAL COMPLEX
ALAWIKI STREET SEWER
ALENAIO STREAM FLOOD CONTROL
ALII LANDINGS
ALII DRIVE REALIGNMENT
ALOHA TOWER PLAZA DEVELOPMENT PLAN
ANAEHOOMALU DREDGING AND FILLING
ANAEHOOKALU DREDGE AND FILL
ANAEHOOMALU DREDGE AND FILL
ANAEHOOMALU BAY MOORINGS
ANAHOLA SF RESIDENCE & ASSOC. USES
ANAHOLA STREAM HYDRO DAM
ANAPUKA-MANUKA: FARMS OF KAPUA-MULTI-AG PROJECT
ANAPUKA-MANUKA-FARMS OF KAPUA
APUA KAHAUALEA CALTECH 10METER TELESCOPE INSTAL.
AWAKE'S INFRASTRUCTURE TRANSMISSION LINES
AWAKE'E RESORT
AWAKEE RESORT COMMUNITY
AWAKEE RESORT
BARBERS POINT LIGHT RED TRANS
BARBERS POINT HARBOR DRYDOCK
BARBERS POINT NAS MASTER PLAN
BARBERS POINT HARBOR DRYDOCK
BARKING SANDS MASTER PLAN
BAYVIEW STREET RELIEF DRAIN
BAYVIEW STREET RELIEF DRAIN


APPLICANT

TSK ASSOC
JOHN MAGOON SR TRUST
SOCN, THOMAS W. & PAULETTE S.
DLNR, STATE OF HAWAII
DLNR, STATE OF HAWAII
DLNR
U.S. POSTAL SERVICE
OCEANIC PROPERTIES, INC.
DPW
DPW
MEYERS, JACK E.
DPW, CITY & COUNTY OF HONOLULU
KAKAAKO COMM. DEV. AUTHORITY
DOT, WATERTRANS FAC DIV.
GUSS, GINO P.
HAW ELECTRIC CO. INC.
HAWAII YACHT CLUB
PRINCESS KAIULANI HOTEL
DP&R, CITY & COUNTY OF HONOLUL
PRINCESS KAIULANI HOTEL
HARBORS DIVISION, STATE DOT
DPW, CITY AND COUNTY OF HONOLU
BD, CITY & COUNTY OF HONOLULU
C&C OF HON-DPW
ARMY CORPS OF ENGINEERS
GRAY HONG & ASSOC
HAWAII CTY-DPW
ALOHA TOWER DEVELOPMENT CORP.
TRANSCONTINENTAL DEVELOPMENT CO
TRANSCONTINENTAL DEV. CO.
TRANSCONTINENTAL DEVEL. CO
TRANSCONTINENTAL DEVEL. CO.
DEPT OF HAWAIIAN HOME LANDS
SUSSMAN, M. & BITTNER, E.
HARDER, JOHN D
FARMS OF KAPUA
FARMS OF KAPUA LTD.
CALIFORNIAINSTITUTE OF TECH.
KAHALA CAPITAL CORP
KAHALA CAPITAL CORP
KAHALA CAPITAL CORP.
KAHALA CAPITAL CORP.
USCG, 14THDISTRICT
MARISCO, LTD.
U.S. DEPT OF THE NAVY
MARISCO LTD.
U.S. NAVY
DPW, CITY & COUNTY OF HONOLULU
DPW, CITY & COUNTY OF HONOLULU


PERMIT

8
8
9
4
3
5
6
8
5
5
1
1
15
6
6
6
6
15
6
15
6
1
4
1
6
4
6
4
6
4
5
6
13
9
6
8
5
4
9
4
3
9
6
6
7
6
6
6
15


DECISION

05-16-81
02-20-81
07-06-88
07-03-86
03-12-86
03-02-89
04-25-86
08-31-84
10-08-80
09-22-80
08-06-84
02-08-85
05-24-85
02-28-79
10-17-85
01-17-80
06-24-83
03-10-86
07-08-86
06-19-85
04-22-88
08-17-84
04-11-86
07-27-88
05-15-82
08-06-81
00 00 00
06-23-83
09-95-85
05-16-85
10-24-85
09-07-88
09-16-88
04-30-87
05-20-81
07-25-83
03-16-84
06-07-82
01-30-89
12-26-86
08-29-86
04-14-88
05-14-80
02-11-86
05-16-86
03-30-88
11-12-86
08-28-85
08-28-85


STAFF

ESM
NN
AP
BO.
JBY
JON
JBY
ESM
JBY
JBY
EKM
BO
BO
JBY
RF
RF
BO
RF
RF
BO
ESM
JDN
SM
RF
MAB
JDN
ESM
RF
RF
RF
JDN
AP
AP
JBY
EKM
EKM
STW
DT
AP
RF
AP
JBY
JBY
JBY
JON
RF
JB
JBY




E15

MONNUM

01914
01920
01921
01923
01925
01932
01934
01937
01939
01940
01944
01949
01950
01951
01953
01962
01970
01972
01974
01975
01979


PROJECT TITLE

MALAENAMAN A GOLF COURSES
ALAKEA/RIC MAROS PARKING LOT REDEVELOPMENT
SCHOFIELD TRANSIENT LODGING FACILITY
MALEIWA YOUTH SHELTER
KANEOHE, WAIKALLA RESIDENTIAL CLUSTER DEVELOPMENT
KANEOHE BAY VIEW GOLF COURSE EXPANSION
CAMPBELL INDUS PARK CONCRETE PRODUCTS MANUFACTURE
HAWAII ISLAND ADVANCED LAUNCH SYSTEM (ALS)
KAILUA, WINDWARD PARK DRIVING RANGE
KANEOHE BAY SEAWALLS
KEAUHOU - AZABU KONA RESTOR
MAKAPUU PT AQUACULTURE FACILITY
QUEEN'S BEACH STOCKPILED MATERIALS
HONOKCHAU INDUSTRIAL PARK
WAAHILA 180 & 405 RESERVOIRS
KAHULUI LIGHT DRAFT NAVIGATION IMPROVEMENTS
ANAEHOOMAL UBAY MOORINGS
SMITH BERETANIA PARKING LOT REDEVELOPMENT
HEEIA KEA - MALULANI SPORTS COMPLEX
KA'U COMMERCIAL ROCKET LAUNCH FAC
WAIKIKI LANDMARK RES/COMM DEVELOPMENT


APPLICANT

KUILIMA RESORT COMPANY
CEC OF HON - DHCD
U.S. DEPT OF THE ARMY
C&C OF HON - DMCD
KEEN JUN ENTERPRISES, INC.
PACIFIC ATLAS (HAWAII), INC.
CON-FAB CORPORATION
U.S. AIR FORCE & NASA
WINDWARD PARK, INC.
JOHNSON, VINCENT & RUSSELL
AZABU USA CORPORATION
OCEANIC INSTITUTE
KAISER HAWAII KAI DEVELOP CC
MCCLEAN, ROBERT S.
C&C OF HON - BWS
U.S. ARMY CORPS OF ENGINEERS
WAIKOLDA DEVELOPMENT CO.
C&C OF HON - DHCD
NANATOMI HAWAII, INC.
DAED & U.S. DOT
BEL-LANDMARK, INC.


ASSIGNED MONTH

07
07
07
07
07
07
07
07
07
07
07
08
08
08
08
09
09
09
09
09
09


YEAR

89
89
89
89
89
89
89
89
89
89
89
89
89
89
89
89
89
89
89
89
89



PERTYPE

05
03
01
01
02
03
02
03
01
01
03
03
01
03
05
05
03
03
03
03
05



FED CON


MONNUM

01917
01931
01945
01954
01958
01961
01973


PROJECT TITLE

MALAEKAHAI A STATE RECREATION AREA II
KEAHOLE PT PIPELINES & PUMPS
HALEIWA YOUTH SHELTER
WAILUA RIVER (UPPER) HYDROELEC PLANT
MAKAPLU LIGHTHOUSE RESTORATION
KANEOHE PIER RESTORATION NATIONWIDE PERMIT
KEEHI SUBSIDENCE RECONSTRUCTION


APPLICANT

DLMR
OCEAN FARMS OF HAWAII (  36-1)
C&C OF HON - DHCD
ISLAND POWER COMPANY, INC.
DLMR
KEEN JUN ENTERPRIES, INC.
STATE DOD - HARBORS


ASSIGNED MONTH

07
07
08
08
08
09
09


YEAR

89
89
89
89
89
89
89


PERTYPE

06
06
06
06
06
06
06



LUDBA

MONNUM

01936
01947
01959
01963
01965


PROJECT TITLE

WAIDLI VALLEY RESIDENTIAL & AG USES
NORTH KONA - PUUMOHUA ESTATES RES COMMUNITY
KOELE, LANAI GOLF COURSE EXPANSION
KEAHUOLU URBAN CENTER
EWA MARITIME INDUSTRIAL USES


APPLICANT

SOUAP, DOUGLASS & BROWN, COYCE
MASEKO (HAWAII), INC.
LANAI RESORT PARTNERS
LILIUOKALANI TRUST
CAMPBELL ESTATE


ASSIGNED MONTH

07
08
08
09
09


YEAR

89
89
89
89
89


PERTYPE

08
08
08
08
08








                                                                  M J N N UM      P,"@jJ;Cl TITLE                                                                                                    L 1 C      T                                                 A 3 S : 1                                 y
                                                                                                                                                                                                                                                                        7 H           y
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                                                                     0153-1             A @. 4 1   t D     1 N -, U L     S     V    @ ! @;,; S   C h 5 4 W A T -* R             L 17 y                                                                                 07              3 5              i s
                                                                    0 1    C.6               i             i 1. kU L      S     --C E             PE AT I C N 11. 5T                           STAT@ @'CT               H,4Rilr,@!                                      09                 9              .5


REPORT DATE  08/17/89

        FEDERAL CONSISTENCY ALPHABETICAL LISTING

PAGE 1


FILE ID

66-019
79-002
85-039
79-036
86-046
88-019
82-010
89-008
88-025
81-008
83-028
86-004
80-045
86-070
81-066
85-050
88-020
88-003
87-029
86-036
84-025
84-065
86-014
82-034
85-014
81-067
86-034
85-047
87-048
82-028
86-018
84-026
87-039
88-011
80-016
84-041
82-026
87-037
85-034
86-065
87-076
81-004
87-033
81-027
85-065
80-020
86-011
85-010
83-041
89-006


PROJECT

AIEA POST OFFICE LAND TRANSFER
ALA WAI BOAT HARBOR IMPROVE
ALA WAI BOAT TRANSPORTATION
ALA WAI CANAL-UTILITY LINES
ALA WAI FLOATING DOCKS
ALA WAI MARGINAL WHARF
ALENAID STREAM FLOOD CONTROL
ALII DRIVE REALIGNMENT
ANAEHOOMALU BAY MOORINGS
ANAEHOOMALU DREDGING & FILLING
ANAHOLA STREAM HYDRO DAM
BARBERS POINT HARBOR CHANGES
BARBERS POINT HARBOR DRYDOCK
BARBERS PT LIGHT-FED TRANS
BARKING SANDS MASTER PLAN
BARKING SANDS-KAUAI BOAT RAMP
BAYVIEW STREET RELIEF DRAIN
BELL STONE CRITICAL AREA
BELLOWS AFB BRIDGE REPLACEMENT
BELLOWS AFB CELLULAR PHONE STN
BELLOWS AFS COMMUNICATIONS IMP
BELLOWS AFS EXCHANGE
BELLOWS AFS EXPANSION
BELLOWS AFS PARK IMPROVEMENT
BELLOWS AFS TENNIS/SEPTIC TANK
BELLOWS AFS TOWER REPLACEMENT
BELLOWS AFS, BOAT LAUNCHING
BISHOP POINT MOORING STRUCTURE
CAPE KUMUKAHI PROPRTY DISPOSAL
CHINATOWN GATEWAY PLAZA
EWA BRINE WATER DISCHARGE PIPE
EWA DEEP WATER ARTIFICIAL REEF
EWA DRAIN MAINT & OUTLET REMOV
FERN STREEET GROUP HOME
FORT ARMSTRONG--MOTOR POOL
FORT HASE BEACH FENCE REPLACMT
FRENCH FRIGATE SHOALS--MOORING
FT DERUSSY BEACH RESTORATION
FT DERUSSY CLIMATE CONTROL SYS
FT DERUSSY MULTIPURPOSE COURT
FT SHAFTER/SCHOFIELD GUEST QUA
FT. DERUSSY BEACH RESTORATION
FT. DERUSSY MUSEUM FOYER
FT. DERUSSY, KALANI ARMY RES.
GREEN ISL. TRANSIENT QUARTERS
HAAUULA,OAHU--REMOVE SEAWALL
HAIKU POST OFFICE EXPANSION
HAKALAU NAT'L WILDLIFE REFUGE
HALAWA STREAM CHANNEL IMPVTS
HALAWA STREAM MAINT DREDGING


APPLICANT

U.S. POSTAL SERVICE
WATER TRANS FAC DIV, DCT
GUSS, GINO P.
HAWAIIAN ELECTRIC COMPANY, INC
DPCR, CITY & COUNTY OF HONOLU
STATE DOT - HARBORS DIV
ARMY CORPS OF ENGINEERS
HAWAII CTY - DPW
TRANSCONTINENTAL DEVEL. CO.
TRANSCONTINENTAL DEVELOPMENT C
JOHN D. HARDER
ARMY CORPS OF ENGINEERS
MARISCO, LTD.
US COAST GUARD, 14TH DIST
U.S. NAVY
US NAVY, PACIFIC MISSILE RANGE
DPW, CITY & COUNTY OF HONOLULU
USDA-SOIL CONSERVATION SERVICE
U.S. AIR FORCE, DOD
GTE MOBILNET OF HAWAII INC
U.S. AIR FORCE
U.S. AIR FORCE, DOD
U.S.A.F. DEPT. OF DEFENSE
U.S. DEPT OF DEFENSE
U.S. AIR FORCE
UNIVERSITY OF RHODE ISLAND
U.S. AIR FORCE/DEEV
U.S. NAVY
U.S. GENERAL SERVICES ADMIN.
DH&CD, CITY & COUNTY OF HONOLU
CHEVRON USA INC
AQUATIC RESOURCES DIV., DLNR
DPW, CITY & COUNTY OF HONOLULU
FARMERS  HOME ADMINISTRATION
DH&CD, CITY & COUNTY OF HONOLU
US GOVERNMENT, GSA
U.S. MARINE CORPS, DOD
EASY RIDER TOO
US ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
US ARMY SUPPORT COMMAND HAWAII
U.S. ARMY SUPPORT COMMAND HAWA
US ARMY CORPS OF ENGINEERS
US ARMY SUPPORT COMMAND HAWAII
US DEPT OF THE ARMY
U.S. COAST GUARD
ROBERT F AINSWORTH
U.S. POSTAL SERVICE
U.S. DEPT. OF THE INTERIOR
STATE CAGS
C&C OF HON - DPW


RECEIVED

04-10-66
01-23-79
06-07-85
10-29-79
06-25-86
04-15-88
04-21-82
02-24-89
07-15-88
04-25-85
03-03-81
00 00 00
03-17-88
04-30-80
10-22-86
06-06-81
08-01-85
05-06-88
01-28-88
04-01-87
06-06-86
02-20-84
11-27-84
03-27-86
11-12-82
03-13-85
10-07-80
06-09-86
07-25-85
06-23-87
08-08-82
04-11-86
03-22-84
05-12-87
02-22-88
03-24-80
06-01-84
08-31-82
03-12-87
05-28-85
09-29-86
11-09-87
03-11-81
04-30-87
00 00 00
10-28-85
04-14-80
03-14-86
02-20-85
07-15-83
02-21-89


ACCEPTED

00 00 00
01-23-79
06-10-85
10-29-79
06-25-86
04-15-88
04-21-82
02-24-89
07-25-88
04-25-85
04-13-80
00 00 00
03-17-88
04-30-80
00 00 00
06-06-81
00 00 00
05-06-88
01-28-88
00 00 00
00 00 00
02-21-84
11-27-84
00 00 00
11-12-82
00 00 00
10-07-80
00 00 00
00 00 00
06-23-87
08-08-82
00 00 00
03-28-84
05-12-87
02-22-86
03-24-80
07-20-84
03-31-82
00 00 00
05-28-83
00 00 00
00 00 00
03-11-81
04-30-87
06-30-81
00 00 00
04-14-80
00 00 00
02-25-85
07-15-83
00 00 00


DECISION

04-25-86
02-28-79
10-17-85
01-17-80
07-08-86
04-22-88
05-27-82
00 00 00
09-07-88
09-05-85
05-20-81
00 00 00
03-30-88
05-14-80
11-12-86
06-19-81
08-28-85
05-20-88
02-03-88
07-07-88
06-18-86
03-29-84
12-12-84
04-02-86
01-03-83
09-26-85
01-02-81
06-18-66
09-09-85
07-06-87
10-06-82
04-17-86
03-30-84
05-26-87
03-02-88
06-16-80
08-30-84
10-08-82
06-15-87
06-10-85
10-05-86
11-18-87
04-14-81
05-12-87
07-25-81
11-15-85
06-24-80
03-21-86
02-27-85
08-05-83
00 00 00


STATUS

4
4
5
4
4
4
4
2
4
5
4
0
5
4
4
4
4
4
4
5
4
4
5
4
4
4
4
4
4
4
4
4
4
4
4
4
5
4
4
4
4
4
4
4
4
4
4
4
5
4
2


STAFF

JBY
JBY
RF

RF
VW
RF
JDN
JDN
RF
JBY
JBY
JDN
JBY
RF
JBY
JBY
JDN
JDN
BO
JBY
JBY
CT
BO
JBY
JBY
JBY
JBY
JBY
JDN
NK
BO
JBY
JDN
JDN
JBY
JBY
JBY
AP
JBY
BO
JDN
JBY
JDN
MAB
BO
JBY
JBY
BKM
RF
JDM











                                                                        czm q-pnomrz Log




                                                                     Jarr- Apr- Jul-                  Oct.-         Jan--- Apr- Jul- Oct-.
                                                                                Uli                   pq            t P4 r   Jun                 Dec

                     .@tate Land Use District
                     L@indary Amendments:                               1       3         6           1              0         2          4         2
                           Annual Total


                     C.;Criservation District
                     Use Aoolications:                               17?       12        26           14            is       17        13        2-9
                           Annual Total:                                                              74                                         77


                     Environmental Impact
                     Statements and
                                                                                                      4
                     Assessmerits:                                   11         8        14           13            14         6          4      26
                           Annual Total:                                                              46                                         50


                     Federa.1 Consistency
                     Reviews:                                        14        34        17           M--           228      23        13        14
                           Annua 1 Tota I -                                                           IF5,                                       7S


                     kl-nUal CZM Re-views Total:                                                      224                                        2131,


                           O-f RXIOlulu
                           UvA Via
                                      Jor:                           10         -7        6           4              7         5
                           Annual Total:                                                              '217                                       26
                           _qV., Minor.,                             20        25        0            24            15       21        @X)       2.0
                           Pr,nua I Tota. 1                                                           36                                         76


                     Lbunty Of Maui
                           90A Major:                                10                               6              8         9       16        IL 5
                           Prinual Total                                                              34                                         4-3
                           S14 Minor:                                9,2       95        90           94            65       81        7a        85.
                           Annual Total:                                                              361                                        Z17CR


                     County o-@ Hawaii
                           SMA Major:                                   4       7         G           8              3         1       11        10
                           Annual Total:                                                              27                                         25
                           SMA Minor:                                11        10        12           Is            is       12           7      16
                           Annual Total:                                                              51                                         57,


                     County of Kauai
                           SNA Major:                                   7       2         1           7              3         7          2         1
                           A-inual Total:                                                             17                                         13
                           211A Minor:                                  6      10         9           7             10         6          a         7
                           Annual Total -.                                                            M.                                         31


                     Annual Ccunties Total:                                                           6ZZ-                                       531


                     Annual Grand Total:                                                              sa?                                        7794










                                                                         L 9,rxr3------                         I 9E39---
                                                            Jan-      Apr- Jul- Oct-                Jan-- Apr- Jul-- Oct--
                                                            11a r     J1 -1    Se,     Dec          Mar      JUn      Serit De<



                   StAiA' Land Use Di.sti--Lct
                   Fm:.,, -ndarv Amendaer-, ts                                  0         0          6                 5
                        Prinual Total:                                                    6


                   Umservation District
                   Use Application52                        16        Z7       11      2Y)          13       L2       27        Z4,
                        Annual Total-.                                                 74                                       74

                   EhvironffeBital Impact
                   StateffEnts and
                                                                                                    11n
                   Assessments:                             2-6       17       12      11                    11       21        16
                        Annua I Tota 1                                                 66                                       (00

                   Federal Consistency
                        -L-r=:                              le        14                  a         13                 -7       17
                        Annual Total:                                                  54-                                      57
                   Aiinual CZM Reviews Total:                                          2CO                                   2.11


                   C8C of Honolulu
                        SMA Major:                          13         a        5      10            5       12        5        5
                        Pr,-.ual Total:                                                36                                       17
                        24A Minor:                                    22       23,     15           19       15       14        14
                        Annual Total:                                                  81                                       67-


                   County Of Maui
                        SvA Major:                          14         9       12         6                   5       17        1
                        Annual Total:                                                  41                                       4-1
                        SYP Minor -.                        62-       61       60      44           60;      58       &1        56
                        Annual Total:


                   Cbunty, of Hawaii
                        SMA Major:                            2        5        2         4          3                 2        5
                        Annual Total:                                                  17,                                      1-7
                        SMA Minor:                          14         5                  7          71       4        3
                        Annual Total:                                                  :3


                   County of Kauai
                        SMA Major:                            5        7        2         3          2        a        4
                        Annual Total:                                                  17
                        SMA Minor:                            7        2        1         1          6        4        7        3
                        Annual Total:                                                  11                                       20


                   Annual CcLu-kties Total:                                            459                                         C)


                   Annual Grand Total:                                                 659






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           Hawaii Planning Activities
                            ort        fem





















                                               . . . . . . . . . . .
                                  SYS








































           I       MENT OF PLANNING AND ECONOMIC DEVELOPMENT
             DEPART



























                                                                                                                                                                                             Foreword



                                                                                                                                                     During the past three years, the State Department of Planning and Economic Development.
                                                                                                                                                through its Coastal Zone Management (CZM) Program, and the University of Hawaii s Depar    tme I of
                                                                                                                                                Urban and Regional Planning have cooperated to develop a computerized system linking perm     it and
                                                                                                                                                resource management information of State and County agencies responsible for programs dealing
                                                                                                                                                with land and water use. This Hawaii Planning Activities Support System (H-PASS) is financed mostly
                                                                                                                                                with Federal CZM grants.

                                                                                                                                                     H-PASS has promising implications. Data processing and access to shared information bases for
                                                                                                                                                H-PASS participants offer opportunities for more efficient permit processing, sound and consistent
                                                                                                                                                decisions. and more comprehensive plans and programs dealing with coastal resource management.
                                                                                                                                                Using H-PASS to achieve Statewide permit simplification and coordination is also being seriously
                                                                                                                                                considered.

                                                                                                                                                     The success of VA-PASS will depend on its use by participating agencies 10 improve the quality
                                                                                                                                                and efficiency of their planning and permit decisions. These, in turn, will insure improved response
                                                                                                                                                from and benefit to the public.








                                                                                                                                                                                                               Hideto Kono.
                                                                                                                                                                                                               Director









                 The preparation of this report was financed in part by the Coastal Zone Management Act of 1972. as amended.
                 administered by the Office of Ocean and Coastal Resource Management. National Oceanic and A imospheric
                 Administration. UnitedStates Department of Commerce













                                                              INTRODUCTION                                                                                                                              BACKGROUND


                        The increase in government planning. land use. and other regulatory mechanisms over the past                                              The idea of a computer-based system for land and water use developments emerged from sever-
                    two decades has highlighted the need to provide easier access to information required for administra-                                    al concerns of the Hawaii Coastal Zone Management (CZM) Program. When the Stale Legislature
                    tive review and permit processing. Without timely information, decision-making is often delayed                                          passed the Hawaii CZM Act in 1977, one of its key findings was that.
                    Without comprehensive information, administrators cannot properly plan arid manage. And without
                    ready access to information. decisions ate mate p(one to subjective evaluation.                                                                 Hawad*s coastal zone is both undermanaged and overregulated... (and) that new
                                                                                                                                                                  regulatory mechanisms must not be added onto. but rather combined with existing
                        The increase in information requirements and related problems is evident in Hawaii's land use                                             systems..
                    regulatory system. A variety of permits is often necessary for land or water use development. The cur-
                    rent system of permit processing is cumbersome and brings frustration. wasted effort. delays. and in-                                         The Department of Planning and Economic Development, as the CZM lead agency. actively pur-
                    creased costs for applicants and administering agencies.                                                                                 sued three initiatives aimed at improving the development review process.

                        In response to this problem, the Hawaii Planning Activities Support System (H-PASS) was devel-                                            First. a "Permit Simplification, Coordination. and Streamlining" project was undertaken to formu-
                    oped as a research and demonstration project to improve information management for governmental                                          late recommendations promoting a legally coordinated and simpler system. Following a workshop
                    agencies involved with coastal planning and land use. H-PASS is an automated system which inte-                                          and a study of permit simplification efforts in other states, a State task force was created by Governor
                    grates permit information of nine State and County agencies with major land and water use manage-                                        George R. Ariyoshi to pursue streamlining measures.
                    ment responsibilities, The agencies are:
                                                                                                                                                                  Second. the CZM Program studied how State and County actions could be effectively monitored
                                                                                                                                                             to ensure compliance with the objectives and policies of the Hawaii CZM Law. Various evaluation
                        1.   Department of Planning and Economic Development (DPED)                                                                          methods for detecting patterns of non-compliance were developed.
                        2.   Department of Land and Natural Resources (DLNR)
                        3.   Department of Health lDOH)
                        4.   Department of Transportation (DOT)
                        5.   Office of Environmental Quality Control (OEQC)
                        6.   City and County of Honolulu Department of Land Utilization
                        7.   County of Maui Planning Department
                        8.   County of Hawaii Planning Department                                                                                                                                                                             J
                        9.   County of Kauai Planning Department


                        H-PASS employs multiple remote terminals located in each of the participating user agencies.
                    Data are entered by the user directly on terminals displaying formatted video Screens, and processed
                    centrally by the H-PASS computer. Information can be requested. displayed, and printed at the termi-
                    nai site. The basic functions of the system are:                                                                                                                                             T                 W -

                        Monitoring:     Tracking permit actions to ensure consistency and compliance in
                                        clecir,ion-making.

                        Coordination:   Supporting and enhancing inter-agency communication and
                                        coordination.


                        Inf ormation
                        Sharing:        Improving access to planning and permit information.

                        Operational
                        Enhancement:    Improving planning and development review procedures through pro-                                                                      Information on H-PASS aids planners in attaining the State's goals of
                                        grams designed lot efficient reporting. summary tabulations, and statisti-                                                       protection and beneficial use of our valuable resources.
                                        cal analyses.






                                                                                                                                                                                                                  -2-











                         Third. in conjunction with both of these efforts, the CZM Program investigated the feasibility of a                                   Special Management Area (SMA) Permit - Counties of Maui. Hawaii. Kauai and the City and
                   computerized system which would increase the efficiency and effectiveness of development review                                        County of Honolulu Also known as the Shoreline Management Permit on Oahu, this permit is required
                   procedures. provide ready access to resource information bases. and allow the CZM lead agency to                                       for any development within the SMA boundaries along the coastlines of each Island. Development
                   monitor Permit actions for compliance with CZM objectives and policies.                                                                proposals are reviewed intensively to avoid permanent loss of valuable coastal resources and to mini-
                                                                                                                                                          mize adverse coastal environmental effects.
                         While similar computerized permit systems have been successfully implemented in other states,
                   Hawaii's system is designed to encompass a broader and more comprehensive scope with respect to                                             Land Use Dostrict Boundary Amendment - State Land Use Commission. Land and water                  uses
                   the number of agencies. permits. and data inventories                                                                                  throughout the State are generally defined and regulated by establishing boundaries for each of the
                                                                                                                                                          four districts: urban. rural, conservation. and agriculture. A comprehensive review accompanies each
                         After extensive review of the H-PASS requirements, data needs. and available public and private                                  ?etltion to the Land Use Commission lot district boundary amendments (the amendment is the
                   sources of data processing. alternative system configurations were evaluated and discussed with the                                     permit' or permission sought).
                   user agencies. The present H-PASS design. consequently, consists of a network of remote terminals at
                   user agencies linked by telecommunications to a central mini-computer.                                                                      Conservation District Use Application (CDUA) - State Board of Land and Natural Resources This
                                                                                                                                                          permit is required for any use of, or activity within. the State's conservation district. The district en-
                         The networking of agencies and applications was accomplished in three phases. in developing                                      compasses forest reserves, marine waters. streams. and beaches.
                   H-PASS. data files lot nine development permits and approvals and over ten planning and resource in-
                   vent0fies were compiled. The permits and approvals include the Land Use Commission's land use dis-                                          National Pollutant Discharge Elimination System - State Department of Health. This permit
                   trict boundary amendments. the Department of Land and Natural Resources' conservation district use                                     allows wastewater discharge from fixed (point) sources into any surface waters in the State.
                   applications and historic sites reviews, the Office of Environmental Quality Control's environmental
                   impact statements. the Department of Health's water quality permits. and the four Counties' special
                   management area permits.

                         H-PASS also houses data bases generally supporting land use planning activities. They include
                   capital improvement program projects. the County of Hawan*s land use inventory. and resource in-
                   ventoites dealing with significant historic and archaeological sites, coastal resources and hazards, and
                   Statewide energy activities.



                                                         THE H-PASS NETWORK



                                                                                                                           or-
                         The Hawaii CZM Program is based on a "management network" of State and County legal auth                                                                                                                         @7 W__ti
                                                                                                                                                                                      4q*-
                   ities and land and water use control techniques which collectively implement its coastal objectives
                   and policies These policies are binding on agency actions throughout the coastal zone. which encom-
                   passes all land in the State excluding forest reserves and Federal lands, and which extends seaward
                   to the limit of the State's jurisdiction. H-PASS is a physical analog of this management network and
                   helps with the overall management of the program.
                                                                                                                                                                       zZAK
                                          -PASS users consists of State and County agencies with dkfect responsibilities
                         The network of H
                   in the planning and management of coastal areas, Information processed through H-PASS consists of
                   data on permits issued by these agencies and important planning information for land and water use                                                                                                                  --Abe.
                   reviews.                                                                                                                                                                                V1000


                         PERMIT INFORMATION FILES

                         The nine permit files contain records summarizing projects for which permit applications were
                   filed, including the tax-map key of properties affected, name of the applicant. a brief project                                                 The development of permit information files provides potential for improved permit
                   description, status of the permit, and permit filing and decision dates. Administering agencies main-                                     coordination.
                   tain their respective permit files. Each of the nine permit files is aescribed below.





                                                                       -3-                                                                                                                                    -4-












                       Zone of Mixing - State Department of Health. The Department regulates variances from water                                             Permit Requirements Index - State Department of Planning and Economic Development. A pro-
                  quality standards at the point where discharges enter and are diluted by the receiving waters.                                        grammed matrix depicting the potential permits which may be required for a development proposal.
                                                                                                                                                        given the general location and characteristics of the development activity.
                       Shorewaters Construction and Events - State Department of Transportation, Harbors Division.
                  Permits for development proposals in shorewaters. streams. and State hatbors have been largely com-                                         CZM Monitoring System - State Department of Planning and Economic Development. A compi-
                  bined with the CDUA permit. The events permit covers offshore recreational activities of limited dura-                                lation of monitoring assessments of the major coastal permit decisions for detecting patterns of non-
                  tion such as canoe regattas and surling meets                                                                                         compliance with the CZM objectives and policies.

                       Clearinghouse Reviews - State Department of Planning and Economic Development. This review
                  Process provides the opportunity for State and local governments to assess Federal and Federally as-
                  sisted projects which may significantly affect community development plans and programs.

                       CZM Federal Consistency Reviews - State Department of Planning and Economic Development.
                  Review and concurrence by the CZM lead agency MPED) is required for any Federal action. permit.
                  license. or grant which directly affects the policies and provisions of Hawaii's CZM Program.

                       Environmental Impact Statements (EIS) and Negative Declarations - State Office          of Environ-
                  mental Duality Control. This bibliographic inventory contains records of all EtS's and negative declafa-
                  lions processed under the State HS law. Chapter 343. Hawaii Revised Statutes,





                       INFORMATION SUPPORTING PLANNING AND LAND AND WATER USE REVIEWS

                       The following are sources of information on H-PASS supporting planning and land and water
                  use reviews.


                       Historic Sites - State Department of Land and Natural Resources. This inventory includes all
                  known historical and archaeological site records. site-specific investigations conducted by the Historic
                  Preservation Office. and a bibliographic reference lot cultural. historical. and archaeological research
                  previously conducted for the site.                                                                                                          A shared resource data base       provides  information to support     coastal and environmental
                                                                                                                                                        managemem decisions.
                       Land Use Inventory - County of Hawaii Planning Department. Parcel. structure, and establish-
                  ment data by tax-map key for the entire County of Hawaii are maintained in separate files.

                       Coastal Resource Data Base - State Department of Planning and Economic Development. This is                                                                         H-PASS DESIGN FEATURES
                  a repository of sixteen significant coastal resources in the State. collected by tax-map key at the plat
                  level of detail, using best available source documents. It includes streams. wetlands, flood hazard
                  areas. shoreline erosion. scenic sites, beach access, fishponds. and protected ecosystems.

                       Capital Improvements Program - State Department of Planning and Economic Development. In-                                              The overall H-PASS design involves a network of remote terminals located at user agencies and
                  ventories of State capital improvement program allocation requests and expenditures for publicly                                      linked by telecommunications to a central computer. Special H-PASS programs. referred to as
                  funded construction projects.                                                                                                         subsystems, perform the tasks of passing data to and from the central computer.

                       Energy Data Management System - State Department of Planning and Economic Development.                                                 The H-PASS computer's central processing unit is a Wang VS-80, with 512 KB (thousand bytes)
                  Inventories of energy-related projects, plans. and programs for ongoing surveillance of energy conser-                                of main memory. The VS system has "on-line" file capability and an interactive operating system,
                  vation and development activities.                                                                                                    which together allow sharing of computer resources among several users concurrently. Programs








                                                                     -5-                                                                                                                                    -6-



                                                                                                                                                on @ MM @m mom M






                                                                                                                                                       may be executed either interactively in a dialogue with the computer or in 'batch mode" whereby
                                                                                                               8                                       data are transmitted one way at a time between the user and computer A message processing
                                                          L)                                                                                           system was developed to fully automate the batch mode of processing from the Counties to the
                                                          Z                                                a   0                                       H-PASS computer
                                                          W                                                g   :,
                                                                                                           a                                                 On-line disk storage. or the programs and data immediately available for processing. resides on
                                                                                                                                                       two   90 MB (million bytes) disk drives. for a total on-line capacity of 180 MB. All components of the
                                                          Z                                                                                            system are expandable to accommodate additional workstations and future processing requirements.
                                                          M                                                                                            The present hardware also includes a 1600 - bits-pet-inch magnetic tape drive for access to informa-
                                                          0
                                                          U                                                                                            lion stored on tapes. and a 600 - lines-per-minute high speed printer,

                                                                                     a                                                                       For complex data manipulations, the H-PASS computer communicates with the University of
                                                                                                                                                       Hawaii Computing Center's IBM 370/158 computer. This allows users to run data through various pro-
                                                                                                                                                       grams stored on the IBM 370/158 to produce statistical tables and graphs. A special feature of the
                      Z                                                                                                                                system hardware allows for the conversion of computer printouts to word processing documents, for
                                                                                                                                                       easier manipulation and publication of reports in letter quality print. Finally. access to data stored on
                                                                                                                                                       other host computers may also be available for agency use through the H-PASS computer, contingent
                                                                                                                                                       on proper permissions.


                      cc
                                                                                                                                                             SYSTEM SUPPORT PROGRAMS

                                                                                                                                                             A variety of "support programs" were developed to serve the multiple system objectives (elating
                                                                                                                                                       to permit monitoring and coordination. These H-PASS programs and their capabilities are briefly de-
                      LL                                                                                                                               scribed below.
                      Z
                      0                                                                                                                                      Data EntrylUpdate. A data entry/update subsystem was developed for each permit or agency
                                                                                                                                                       function described earlier. Pre-formatted video screens resembling permit application forms are used.
                                                                                                               2
                                                                                                                                                       Users enter data directly onto the blanks provided on the video screen. which is then validated to
                                                                                                                                                       insure that logical responses have been provided before they are stored.
                                                                                                         r@    0
                                                                                                               X
                                                                                                                                                             Report Subsystem: The report subsystem developed for each permit or agency function enables
                                                                                                                                                       the user to retrieve stored information in the form of standardized printouts or video displays known
                                                                                                               9                                       as "reports.- Although the form of the standardized reports varies by permit or agency function. a typi-
                                                                                                                                                       cal report will list proposed projects by geographic location, processing dates, disposition. and
                                                                                                                                                       applicant.

                                                                                                                                                             Inquiry Subsystem: Inquiries can also be made for particular types of information. For example, a
                                                                    a                                                                                  user can request a listing of permits issued along the shoreline in Waikiki. Inquiries can be made with-
                                                                                                       U                                               out programming knowledge through the use of descriptive statements in this special program.

                                                           W
                                                                                                       0                                                     Tax Map Key Inquiry. This program sorts the permit files by tax-map key to display all permit in-
                                                           L)                                         a                                                formation in the system for a given parcel. The display includes the name of the project. the applicant,
                                                           Z
                                                                                                                                                       the permit involved. and relevant decision dates. It also serves as a convenient reference to other per-
                                                                                                                                                       mits issued for or surrounding a particular location.

                                                                                                                                                             Electronic Mail Electronic mail enables the users to send and receive messages, memoranda.
                                                                                                                                                       and documents among themselves. Messages may be sent for immediate printing at any or all of the
                                                           U)                                                                                          user locations. This capability is valuable for future permit coordination activities among the network
                                                                                                                                                       agencies.
                                                                                                      14



































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                                                                                                                                                                                                                                                                                                                                                                                                REVIENICONORITIMATION      APPLICATION
                                                                                                                                                                                                                                                                                                                                                                                         MWI    I PLANNING ACTIVITIES SUPPORT SYSTEM                     U""
                                                                                                                                                                                                                                                                                                                                                                       PRESS THE APPROPRIATE FUNCTION KEY TO ACCESS THE WROPAIjrE SYSTEM
                                                                                                                                                                                                                                                                                                                                                            PINEY      WE OF SYSTEM                          PURPOSE
                                                                                                                                                         li-PASS PROJECT MASTER MENU                                                                                                                                                                        -----      -----------------------           - ---------------------------------
                                                                                                                                                                       jyj    S S
                                                                                                                                           NAWAII PLANNING ACT                TIE UPPORI SISTER                                                                                                                                                             IF I       -DATA ENTRY SYSTEM REVIEWS            El '11%,            1,x       the data efliry
                                                                                                                                           PRESS THE APPROPRIATE FXIIQN NET 10 ACCESS APPROPRIATE SYSTEMS                                                                                                                                                                                                                                         ti ... S,
                                                                                                                                                                                                                                                                                                                                                            IF 5       REPORT CENEFATION SYSTEM              11 11                                ep.,t, h@,
                                                                                                                                           IT KEY SYSTEM                      PF_KEY            SYSTEM                                                                                                                                                                                                       I'll,                                othe, @W I.
                                  7@h a          H-PASS                "Master                                                             ---- -------------                                                                                                                                                                                               IF 7       TABLE DISPLAY SYSTEM                  EYabln a -e. of 11 y,to a..
                        Menu           Pr0vjCIeS access                   to van-                                                          IF-ITAP[ 1111"E"IT111 "IT"         11      DPID @,@NAIER     @IED,195, IF)
                                                                                                                                           _ ," ,EN A    DISPLAY              IF      B WR     M&
                        ous systern data bases and pro-                                                                                    IT -fA YST    BLE                                        11    DUA,CRSC)                                                                                                                                         PF12       TIN IhOQIRY SVSTEN                    Th,, P-,d,@ . ,qu,,, of .11 H-FASS
                        grams such as                                                                                                      T1@[email protected],TIIUS 11HI1               PI - 7  DOH MANAGER 1WPDES,57,ETC)                                                                                                                                                                                             Iystn data on .@, e-P-f,,d TO.
                                                                                                                                           'P'F SPEFIJIL INING                IF - 8  001 (SHOREkATERS)
                                                                                                                                                                                                                                                                                                                                                            PF         IIDIED PERMIT INDEX                   Pirmt Sinhf-t-
                                                                                                                                           PI :I1 I@IUIYY DIFI HAN 'I 1'1@11,Llll IF -@11 BIDE 1111,NEI .11
                                                                                                                                           PF.,UN I(AUA;I@S                   IF_     'P"                                                                                                                                                                   ENTER      D,ja, Ao, ptio,,                      No,, H-PASS 'Y'l.. joh.u.
                                                                                                                                           IF :11 COUNTY Of MAUI (SMA)        IF 11                                                                                                                                                                         IT         EXIT                                  Ent I- aodul'.
                                                                                                                                           IF2C1Z OF HONOLULU (SMA)           IF -16  --    LOGOFF CONTROL MENU -

                                                                                                                                           11 "1 11 IEP1IT1 TO STATE .1. 11   IF -11  W-111S REVIEW SI@TEM 1.1
                                                                                                                                           IF _iEI"REPDR IS TO COUNTY AGENCIES IF -2.1
                                                                                                                                           IF -19 TC TO UKCC                  IF -23                                                                                                                                                               By selecting 'H-PASS Review System - from the Master Menu,
                                                                                                                                           IF.20 111 200 MUD TO UKC           IF -24  111 No bw 10 UMCC                                                                                                                                   the        Terminal            will display a                      hsting and description                                 ot the
                                                                                                                                                                                                                                                                                                                                         ReviewlCoordination Apphcation systems.



                                                                                                                                                                                                                                                                                                                   DATA ACCESS AND SECURITY

                                                                                                                                                                                                                                                                                                                   Control over access to data is an important consideration in any multi-user system. H-PASS data
                                                                                                                                                                                                                                                                                                          files generally contain public data and are available to the general public. There are a few files.
                                                                                         SPECIAL MANAGEMENT AREA                           PERNII                                                                                                                                                         however, that ate restricted to a particular group of users. These do not deal with public information.
                                                        SIM                       iWAWAII PLANNING6 ACTIVITIES SUPPORT SYSTEM                                                                                                                                                                             The system entails the use of passwords which control access to data files. Data modification. for
                                                                    RECORD 10, 1         76 / 006                                                                                                                                                                                                         example, is allowed Only by the administering agency.
                                                          COUNTY FILE III 1,11IM-11001-
                                                              PERM  IF 'IF[       i      lzmajol    @zMiTol 34.191oCy 4-E,,wt
                                                        SrATUS; 2 IzPtndivg 2-APFryd 3zDepit:1 I-N/D 5zVoid 6--Contnt 7z4"                                                                                                                                                                                         The use of standardized reports for retrieval of information falls into one of the three categories
                                                        Fiitin_@ @ '1 11 '1 11               A1.C1 ... 3 '1 11 1 71                        DEC "I,,:                                                                                                                                                      of access: no restrictions on use, notification before use, and restricted use. Information files relating
                                                              NEAR:                          CC I    LED 1   . _ ,                         CONTESTED:                                                                                                                                                     to a permit case being litigated are temporarily extracted Irom H-PASS.
                                                        .:THDRAWN;                           NULL/VOID:       .                            As IAMENDED.  as     aa
                                                              PROJECT HAMEi                                                                                                                                Special Management
                                                                    APPLICANT:    CITY.LCWY.DF.KONOLULU-DPR-                                                                             Area Permits.
                                                                       AGENT      !                           ...                          .. ....
                                                        MAJOR LANDOWNER           :CITY.LCOUNTY.6FAONOLULU__
                                                        TYPE OF EXKA% 2                      2@Co,ty 3zp,@t @_Fed 5zRa., How@ 6-Mwd 720u.,
                                                        TIP' OF WL ... T:                'z"'e 'zC""'                                      J-P,,@ite 44edeil 54the,                                                                                                                                                                                                    POTENTIAL FLITUREACTIVITIES
                                                        APPLICANT INTHES11               IzL,,d..nr IzLeslee                               34f@ Right' 44-lant
                                                                                                                                           -1
                                                                                                                                           :.7
                                                           ADDITIONAL TMK,l                              ......                                                                                                                                                                                                    With the establishment of the H-PASS network. several potentials for supporting arid enhancing
                                                              PFI-3                                                                        YA-1d, "164"1                                                                                                                                                  Statewide plaiining activities have become available. The following are examples.


                                                                                                                                                                                                                                                                                                                   PERMIT COORDINATION AND SIMPLIFICATION

                                                                                                                                                                                                                                                                                                                   In conjunction with the State permit simplification initiatives. H-PASS could function as a permit
                                                                                                                                                                                                                                                                                                          information center with Central coordinating functions for State-administered permits Implementa-
                                                                                                                                                                                                                                                                                                          tion of this concept might include the following




                                                                                                                                           -9-


A permit counter could be equipped with a terminal to automatically display all development permits required for a proposed activity.  A prototype program was developed to display the array of agencies an dpermits required if development activity and locational characteristics are entered.

Permit Counter, Department of Land Utilization, City and County of Honolulu

The counter terminal would allow tracking the status of any permit being processed.  Each of the permitting agencies would enter and update permit records at designated points in the permit or review process.  Permit counter staff would be able to respond to personal or telephone requests for information, with appropriate referrals to relevant agencies.

The development of a single master application could be electronically routed to H-PASS agencies for response whenever an applicant applies for permits.  A master application would contain basic information on a project, location and description, and be circulated to all agencies which have potential interest or jurisdiction.  Within a specified period of time, agencies would be required to respond or relinquish their right to review the project.  Of primary benefit to the applicant, this approach results in a precise listing of permits and development requirements at the outset of a project.

The periodic monitoring and analysis of permit processing procedures would seek out and address problems and potentials such as excessive delays, expanding categories of developments which can be exempted from the need for a permit, or major-minor distinctions for developments with no significant impacts.

A State central coordinating agency could complement the Counties' central coordinating agency functions since a substantial segment of development proposals do not require County level approvals.  Such projects include those using State lands, uses in the conservation district that are not within the SMA, offshore use and construction activities, effluent discharges, and certain Federal consistency reviews.  Should a State central coordinating agency be established, significant oportunities would arise for coodinating State and County permits through joint review and public hearings.  Improved coordination with Federal permitting agencies and regulatory requirements may similarly be achieved.

 
-11-



STATE PLAN MONITORING

Through the Coastal Energy Impact Program, the Hawaii Energy Data Management System was designed and demononstrated on H-PASS as a prototype for monitoring the implementation of the State Energy Functional Plan.  Similar subsystems could be developed for the other functional plans to provide more detailed information regarding the compliance of activities with specific policies.  H-PASS applications developed and related to other functional plan areas include the State inventory of recreational activities (Recreation Plan), historic sites inventory (Historic Preservation Plan), and CDUA permit (Conservation Lands Plan).


AUTOMATION OF LAND USE AND ENVIRONMENTAL INVENTORIES

To support general planning acitivies and land use decisions, the incorporation of the Counties' land use inventories on H-PASS is planned.  One of the initial H-PASS efforts was the inclusion of the County of Hawaii's land use inventory is already automated through the Department of General Planning and Department of Data Systems.  Cooperative arrangements for data sharing are envisioned in the near future.  Land use inventories for the Counties of Kauai and Maui have not been updated since 1969, hency any automation must await the completion of comprehensive field surveys of the land parcels.

This terminal display shows an example of the information available through the H-PASS Coastal Resource Data Base.

In support of coastal and environmental management decisions, the coastal resource data base was developed as a comprehensive repository of significant coastal resource information in the State.  This data base not only facilitates CZM monitoring, but supports the information sharing objective of H-PASS, particularly with respect to the network agencies' permit reviews.  Current information identifies the presence on any plat of land the following:


-12-





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                              Perennial and intermittent streams;
                              Wetlands
                            ï¿½ Floo@ and'isunarni hazard areas;
                            ï¿½ Shoreline erosion areas'
                            4, Beach access. rights-of-waVs. and access problem areas;
                            ï¿½ Coastal water quality and marine bottom ecosystems:
                            ï¿½ Subsidence hazard areas:
                            ï¿½ Recreat I,net surf sites. fishing areas. and boat harbors;
                            ï¿½ Scenic landmarks. water resources. and natural landforms:
                            ï¿½ Historic sites:
                              Natural area reserve syste s
                              Marine life conservation dmistricts, and
                            0 Hawaiian fishponds


                       Enhancing this data base to obtain parcel-level detail would significantly improve its value and
                  usefulness in supporting planning and permit decisions. For example. the issuance of negative decla-
                  rations and the decision to require an EIS could largely be an automated function through H-PASS.
                  From the applicant's staridpoint. the early specification of environmental constraints would provide
                  greater predictability in determining the project's likelihood of approval.


                       COMPUTER MAPPING

                       A long-range capability which deserves further exploration is a computerized geographic infor-
                  mation svstem. in which geographic information from maps is coded for computer storage. Programs
                  can then be used to analyze and manipulate data and to reproduce it in map form. The most common
                  use of geographic data analysis is to generate composite maps which show different combinations of
                  data types. This may be compared to a system of map overlays depicting development limitations and
                  opportunities.






























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                                                              OFFIC"E OF SW E PLANNINC@
                               PLANNING CCMMISSION
                                 County of Hawaii

               Agenda for the Meeting on Wednesday, April 11, 1990
        Kona Surf Hotel, Mauna Kea Conference Room, 78-128 Ehukai Street,
                     Keauhou, North Kona, Hawaii - 10:30 a.m.


       NEW BUSINESS (PUBLIC HEARINGS) - 10:30 a.m.

       1.  Application of Joseph Castelli, on behalf of the Keauhou-Kona
           Surf and Racquet Club, for a Shoreline Setback Variance to allow
           the excavation of material and placement of rock riprap and
           grout at three locations within the 40-foot shoreline setback
           area. The area involved is part of the Keauhou-Kona Surf and
           Racquet Club situated along the makai (west) side of Alii Drive,
           Keauhou and Kahaluu, North Kona, TMK: 7-8-13:3.

       2.  Application of Adrienne Ritz-Batty for a Special Permit to
           legitimize a bed and breakfast operation situated on a 0.46-acre
           lot within the State Land Use Rural District. The property is
           located along the west (makai) side of South Kona Belt Road.;
           approximately 1,200+ feet north of the general store at Kealia,
           Kealia' House Lots, fouth Kona, TMK: 8-5-03:14.

       3.  Application of Bay View Farms for a Special Permit to allow the
           establishment of a coffee processing facility on 7 acres of land
           situated within the State Land Use Agricultural District. The
           property is located along the makai (west) side of the Lower
           Government Main Road (Painted Church Road), approximately
           0.8 mile north of the Painted Church Road-City of Refuge
           (Keala-0-Keawe) Road intersection, Keei 2nd, South Kona,
           TMK: 8-3-08:65.

       4.  Application of Charles A. Young.for a Special Permit to allow
           the establishment of a laundromat on 60,890 square feet of land
           situated within the State Land Use Agricultural District. The
           property is located along the north side of Lotus Blossom Lane,
           approximately 300 feet from the Hawaii Belt Road-Lotus Blossom
           Lane intersection, Hawaiian Ocean View Estates Subdivision,
           Kahuku, Kalu, TMK: 9-2-84:47.

       5.  Application of James Oppenheim for a Special Permit to allow the
           establishment of a convenience store and related improvements on
           1.036 acre of land situated within the State Land Use
           Agricultural District. The area involved is located at the end
           of Kealakaa Street and adjacent to and north of the Lailani
           Housing Project, Kealakehe, North Kona, TMK: 7-4-07:Portion
           of 1.












        NEW BUSINESS (PUBLIC HEARINGS) - 1:30 D.m.

        1.  Application of Wallace and Karen Kobayashi for a Special
            Management Area (SMA) Use Permit to allow the development of a
            housing project and related improvements consisting of a 1-story
            duplex structure and two 1-story, 2-bedroom cottages. The
            property involved is located on the mauka side of Alii Drive and
            across from the Kona Bali Kai Condominium, Holualoa, North Kona,
            TMK: 7-6-15:10 and 32.

        2.  Application of Kuakini Kona, Inc. for a Special Management Area
            (SMA) Use Permit to allow the development of a 12-unit
            condominium project and related improvements. The property
            involved is located between Kuakini Highway and Sea View Circle,
            approximately 320 feet north of the Kuakini Highway-Sea View
            Circle intersection, Kona Sea View Lots Subdivision, Holualoa
            4th, North Kona, TMK: 7-7-15:66.

        3.  Application of Akamai Partners, Inc. for a Special Management
            Area (SMA) Use Permit to allow the development of a 15-lot
            residential subdivision and related improvements. There will be
            a single family dwelling constructed on each of the lots. The
            property involved is located along the makai side of Kuakini
            Highway and at the south end of Kupuna Street within the
            Komohana Kai Subdivision, Holualoa, North Kona, TMK: 7-6-22:49
            and 84.

        4.  Application of Weiser & Jung Developments, Inc. for a Special
            Management Area (SMA) Use Permit to allow the development of a
            34-unit condominium project and related improvements. Also
            requested is the revocation of SMA Use Permit No. 155 previously
            granted for this project to allow the development of a 25-unit
            condominium project and related improvements. The property
            involved is located along the makai side of Alii Drive, adjacent
            to and south of the Casa de Emdeko Condominium complex, Puapuaa,
            North Kona, TMK: 7-5-20:21.

        5.  Application of Kona Coast'Resort Joint Venture for an amendment
            to Special Management Area (SMA) Use Permit No. 106 grapted in
            July of 1979 which allowed the development of the 112-unit
            Keauhou Gardens condominium project and related improvements
            (Increment I). The amendment is to allow the development of
            Increment 11 of this project which would include the
            construction of 195 additional condominium units and related
            improvements. The property involved is located on the makai
            (southwest) side of the existing Keauhou Gardens condominium
            project and bordered by the 14th, 15th and 1'6th falrways of the
            Kona Country Club golf course, Keauhou-Kona, North Kona, TIMK:
            7-8-10:52 and 68.








                                         -2-










      NEW  BUSINESS (PUBLIC HEARINGS) - 2:30 p.m.

      1.   Application of Hubert F. Griep, et al for a change of zone for
           3'.3 acres of land from an Agricultural 3-acre (A-3a) to an
           Agricultural I-acre (A-la) zoned district. The prooerty is
           located along the makai (west) side of Mamalahoa Highway,
           diagonally across from the Mamalahoa Highway-Makalapua @treet
           intersection, Kaloko, North Kona, TMK: 7-3-08:98.

      2.   Request by Lanihau Center Venture for a time extension to
           Condition E (deadline to submit plans for Phase II) of ordinance
           No. 684 which rezoned 25+ acres of land from an Agricultural
           1-acre (A-la) to a General Commercial - 20,000 square foot
           (CG-20) zoned district. Also requested is an amendment which
           would allow the Planning Director to grant an administrative
           extension to time conditions imposed in the ordinance. The area
           involved includes the existing Lanihau. Center and its expansion
           area, Kailua-Kona, Lanihau 2nd and Maeauoa. 2nd, North Kona,
           TMK: 7-5-04:Portion of 7.

      3.   Application of Charles Forman and JBE Associates for a State
           Land Use Boundary amendment for 6.6+ acres of land from the
           Agricultural to the Urban District. Also requested is a change
           of zone for 9+ acres of land fr.om Agricultural 1-acre (A-*la),
           Multiple Residential - 1,000 square foot.(RM--l) and Village
           Commercial - 7,500 square foot (CV-7.5) zoned districts,to a
           General Commercial - 20,000 square foot (CG-20)-zoned district.
           The property is located between the proposed Phase Il of the
           Lanihau Center and Lono Kona Subdivision, and also between
           Kuakini Highway and the Queen Kaahumanu Highway Extension,
           Kailua-Kona, Keopu lst, North Kona, TMK: 7-5-04:6 and 13.


      MINUTES - March 1, 1990
      ANNOUNCEMENTS
      ADJOURN'MNT





















                                        -3-







                                                                   BR i#d     a
                                                                             I @21
              Planning Commission
            J 25 Aupuni Street, Rm. 109 Hilo, Hawaii 96720 (808) 961-8288


                                                           OFFICE OF STATE PLANNING
       CERTIFIED MAIL                                               4

                                                           April 5, 1990



       Samuel Ruben, M.D.
       State of Hawaii
       Department of Health
       75 Aupuni Street
       Hilo, HI 96720


       Dear Dr. Ruben:

               Special management Area (SMA) Use Permit Application
                       State of Hawaii, Department of Health
                                   TMK: 2-2-32:30


            The Planning Commission at its duly held public hearing on
       March 21, 1990, voted to approve your application, Special
       Management Area (SMA) Use Permit No. 293, to allow the construction
       of an environmental health facility (office building) and related
       improvements along the south side of Kamehameha Avenue, adjacent to
       and east of KK Tei Restaurant, Waiakea, South Hilo, Hawaii.

            Approval of this request is based on the following:

                The purpose of. Chapter 205-A, Hawaii Revised Statutes
            (HRS), and Rule No'...9,.Special Management Area (SMA) Rule-s and
            Regulations of the County of.Hawaii, is to preserve, protect,
            and, where possible, to restore the natural resources of the
            coastal zone areas. Therefore, special controls on development
            within the area along the shoreline are necessary to avoid
            permanent loss of valuable resources and the foreclosuri@ of
            management options.

                One of the criteria for approving a development within the
            SMA is that it is consistent with the General Plan and zoning
            designation. The proposed development conforms to the General
            Plan Land Use Pattern Allocation Guide (LUPAG) Mar) and zoning
            designation which designate the area as Medium Density Urban and
            Neighborhood Commercial - 10,000 square foot (CN-10). The
                                                                           @G











         Samuel Ruben, M.D.
         April 5, 1990
         Page 2


              Public Facilities element of the General Plan states as a goal
              to, "Encourage the provision of public facil.ities that
              effectively service community needs and seek ways of improving
              public se@vice through better and more functional facilities
              which are in keeping with the environmental and aesthetic
              concerns of the community.w The proposed Environmental Health
              facility would centralize the State Department of Health
              Environmental Health staff, who are currently located in the
              State Building on Aupuni Street and the Waiakea Health Center on
              Kuawa Street. The proposed facility would also accommodate
              further expansion of environmental program services and
              personnel. Therefore, the establishment of an Environmental
              Health Service facility would be consistent with the intent and
              purpose of the Zoning Code and the General Plan.

                   Another criteria in reviewing an SMA Use Permit application
              is that, "The development will not have any significant adverse
              environmental or ecological effect, except as such adverse
              effect is minimized to the extent practicable and clearly
              outweighed by public health, safety, or compelling public
              interest. Such adverse effect shall include, but not be limited
              to, the potential cumulative impact of individual developments,
              each one'of which taken in itself might not have a substantial
              adverse effect and elimination of planning options." The
              proposed development is not anticipated to have any substantial
              adverse environmental or ecological effects. The property,
              which is located within an area that has been extensively
              developed, is not.known to contain any unique ecological systems
              nor provide habitat for any endangered plant or animal species.
              No adverse impacts on air and water quality are expected to be
              generated by the proposed development. Air emissions generated
              during the construction phase can be mitigated by existing
              regulations. Any potential runoff or discharge as a result of
              the project can be handled by on-site improvements as-may be
              required by the Department of Public Works. Negative impacts
              resulting from soil erosion and runoff during site preparation
              and construction phases are unlikely, but should they occur,
              they can be adequately mitigated through compliance with
              existing regulations.

                   The proposed development is not anticipated to have any
              significant adverse impacts on coastal ecosystems or public'
              access along the shoreline due to the project's considerable
              distance from the coastal waters. The combination of











       Samuel Ruben, M.D.
       April 5, 1990
       Page 3


           landscaping, County sewage disposal, and drainage improvements
           as may be required by the Department of Public Works will
           effectively inhibit erosion, water runoff, and potential
           pollutants from entering into coastal areas.

                No archaeological resources are known to exist on the
           property. This approval recommendation is conditioned upon
           notification of the Planning Department and appropriate action
           should any unidentified sites or remains be found before or
           during construction activities.

                There are no major identified scenic resources and
           viewplanes f rom or around the subject property.   The one-story,
           20-foot tall structure will not intensify the visual or
           structural impact of the area due to the project site being
           located within an extensively developed area. The proposed
           landscaping will further alleviate the visual and structural
           impacts of this one-story building. The height of the proposed
           Environmental Health facility would be well below the maximum
           height limit of 40 to 45 feet for those properties surrounding
           the subject property zoned Neighborhood Commercial or Limited
           Industrial.


                The greatest concern regarding this request was that of
           reduced effective emergency response of a critical response
           agency during a tsunami.   According to the FIRM Map, the subject
           property is located just outside of the tsunami inundation zone;
           however, it is located within a tsunami evacuation area.      Thus,
           during a tsunami wa*rning, this agency will be forced to evacuate
           to its designated base as is.currently done from its Aupuni
           Street office. We would agree with the Civil Defense Agency
           that critical response agencies should be located out of known
           hazard zones in order to improve its effectiveness. One of the
           policies of Rule No. 9 (Special Management Area) is to -
           "Encourage those developments which are not coastal dependent to
           locate in inland areas." Following an overall analysis of this
           request with repect to goals, policies, and objectives of the
           SMA and the General Plan, it is felt that a denial is not
           wartanted under the circumstances. However, the Planning
           Director will impose as a condition of approval that an
           emergency preparedness and response plan be submitted to the
           Hawaii County Civil Defense Agency to address these concerns.











       Samuel Ruben, M.D.
       April 5, 1990
       Page 4


           Based on the above, it is determined that the proposed
       development will not have substantial adverse impacts on the
       surrounding area, nor will its approval be contrary to the
       objectives and policies of Chapter 205A, HRS, relating to Coastal
       Zone Management and Rule No. 9 of the Planning Commission relating
       to Special Management Area.

           Approval of this request is subject to the following conditions:

           1.   The applicant, its successors, or assigns shall be
                responsible for complying with all stated conditions of
                approval.

           2.   Final Plan Approval shall be secured from the Planning
                Department within one year from the effective date of this
                permit. To assure adequate time for plan approval review
                and. in accordance with Chapter 25-244 (Zoning Code), plans
                shall be submitted a minimum of forty-five days prior to
                the date by which plan approval must be secured. Plans
                shall identify structures, landscaping, interior driveway
                circulation, and parking stalls associated with the
                proposed development.

           3.   Construction of the environmental health service facility
                and related improvements shall commence within one year
                from the date of receipt of Final Plan Approval and shall
                be completed within two years thereafter.

           4.   Should any unidentified sites or remains such as artifacts,
                shell, bone, or charcoal-deposits, human burials, rock or
                coral alignments, pavings, or walks be encountered, work in
                the immediate area shall cease and the Planning Department
                shall be immediately notified. Subsequent work shall
                proceed upon an archaeological clearance from the FIlanning
                Department when it finds that sufficient mitigative
                measures have been taken.


           5.   Access to the subject property from Kamehameha Avenue shall
                meet with the approval of the Department of Transportation-
                Highways Division.

           6.   An emergency preparedness and response plan shall be filed
                with the Hawaii County Civil Defense Agency and the
                Planning Department prior to issuance of a certificate of
                occupancy for the environmental health services facility.











        Samuel Ruben, M.D.
        April 5, 1990
        Page 5


             7.   Comply with all other applicable laws, rules, regulations,
                  and requirements including those of the Department of
                  Public Works.

             8.   An annual progress report shall be submitted to the
                  Planning Director prior to the anniversary date of the
                  approval of the permit. The report shall include, but not
                  be limited to, the status of the development and to what
                  extent the conditions of approval are being complied with.
                  This condition shall remain in effect until all of the
                  conditions of approval have been complied with and the
                  Planning Director acknowledges that further reports are not
                  required.

             9.   An extension of time for the performance of conditions
                  within the permit may be granted by the Planning Director
                  upon the following circumstances: a) the non-performance
                  is the result of conditions that could not have been
                  foreseen or are beyond the control of the applicant,
                  successorsf or assigns and that are not the result of their
                  fault or negligence; b) granting of the time extension
                  would not be contrary to the General Plan or Zoning Code;
                  c) granting of the time extension would not be contrary to
                  the original reasons for the granting of the permit; and
                  d) the time extension granted shall be for a period not to
                  exceed the period originally granted for performance (i.e.,
                  a condition to be performed within one year may be extended
                  for up to one,additional year). Further, should any of the
                  conditions n6t-be met or substantially complied with in a
                  timely fashion, the Director shall initiate procedures to
                  revoke the permit.

             This approval does not, however, sanction the specific plans
        submitted with the application as they may be subject to change
        given specific code and regulatory requirements of the affected
        agencies.












      Samuel Ruben, M.D.
      April 5, 1990
      P@ge 6


          Please feel f ree to contact the Planning Department if there are
      any questions on this matter.

                                        Sincerely,
                                           44, @
                                        Fred Y. Fujimoto
      xc: Mr. Harold Matsuura/DOH       Chairman, Planning Commission
          Department of Public Works
          Department of Water Supply
          County Real Property Tax Division
          DBED, CZM Program w/background










Duane Knuha
Director
                                                                       William L. Moore
Deputy Director

                Planning Department                                                    25 Aupuni Street, Rm. 109 Hilo, Hawaii 96720 (808) 961-8288





                                                                February 9, 1990


         Mr. Harold Masumoto, Director
         Office of State Planning
         Off ice of the Governor
         State Capitol
         Honolulu HI    96813
                                                                     

         Attn:   Doug Tom
                 Coastal  Zone Management Program                
         Dear Mr.      Masumoto:


                           Hawaii Coastal Zone Management Program
                           Fiscal Year 1989-1990


              In accordance with the provisions of our Coastal Zone Management
         (CZM) Contract No. 27111, we respectfully submit our Quarterly
         Summary of Projected Expenditures for the period ending March 31,
         1990.


                   Quarterly expenditures ending
                        September 30, 1989                    $ 34,417.00
                        December 31, 1989                       38,451.13
                                              TOTAL              72,868.13
                   Total projections for quarter ending
                        March 31, 1990                           37,668.25

                   Less cash received to date                         0

                   Quarterly advance requested                  $110,536.38

               Please make check payable to the County of Hawaii and send to
         this office.

              I hereby certify that the foregoing is true and just and that
         payment has not been received.

                                               Sincerely,
                                          DU A N E K AN U HA
                                               Planning Director
                                                                       
                                                                
RKN:aeb








                                                           Approved for payment. Services
                                                   were satisfactorily rendered/goods
                                                           were satisfactorily received on
                                                                      2-15-90









                    of it.s development responsibilitio.-, the Planning

        Department continues to offer extensive counseling opportunities to

        prospective developers within the SMA area as well as the rest of

        the County. The developers are informed of the necessary

        information requirements for the various development permits,

        special concerns and/or problems, and of any other permits, whether

        Federal, State or County which may be required. They are also

        encouraged to process permits which require a public hearing

        concurrently with the SMA Use Permit. In this way, the SMA Use

        Permit requirements have helped to coordinate the overall review

        process. Furthermore, through the counseling opportunity, many

        questionable projects are discouraged early in the review process or

        are amended to address the County's concerns.




        SCOPE OF SERVICES

            3) Compliance with HCZM Objectives and Policies.

            The Planning Department continues to support the Hawaii CZM

        objectives and Policies, both through its participation in the HCZM

        and through its normal departmental responsibilities and ODerations.

            The Department, through its staff archaeologist, continues to

        review all development activities, whether in the SMA or not, with

        respect to its potential impact on archaeological or cultural

        resources. This review and any recommendations therefrom are

        coordinated with the State Historical Preservation Office on a

        regular basis.






                                        -2-












         SCOPF OF SFPV1C1-:S


              3   AominiFLerinq Development in the Special Management Area

         (SMA)

             7)   Provide for project monitoring to ensure compliance with SMA

         Conditions.

             Seven (7) SMA Major Use Permit Petitions were received during

         the report period.   The Planning Department is reviewing two

         petitions.   One (1) SMA Major Use Petition previously received was

         approved by the Planning Commission and four (4) have been scheduled

         for their consideration.    Also, during this period, six (6) SMA

         Minor Use Permits were received and approved by the Planning

         Director.

             One (1) Shoreline Setback Variance application v!,::,,s received

         during the reporting period and is currently being processed by the

         Planning Commission.

             There were no citations issued for violating the Shoreline

         Setback Area and Special Management Area regulations during the

         reporting period.

         SMA MAJOR        REC'D     ACTION     DEFER     PENDING PC     DEPT REVIEW


         First Quarter      2         1          1           0                0

         Second Quarter     5         0          0                            1


         SMA MINORS


         First Quarter      3         3          0           0                0

         Second Quarter     3         3          0           0                0

         SSV

         First Quarter      0         0          0           0                0

         Second Quarter     1         0          0           1                0


                                            -3-












        SCOPE OF SERVICE'S


             4) Support Public Participation

             5) Support CZM Related Programs

             6) Attend CZM Meetings



             The Planning Director continues to support public participation

        in the HCZM through its active participation in the Statewide

        Advisory Committee (SAC). The liaison officer also attends liaison

        meetings called by OSP to discuss program status and budqetarv

        requirements for the upcoming fiscal year.

             Additionally, the Department has conducted and/or participated

        in various workshops and hearings which both were directly or

        indirectly related to the CZM Program.  In addition, the Kailua

        Village Special District Urban review Commission and Hawaii

        Redevelopment Agency meetings have been attended by members of the

        Department.

             Hawaii County Council Bill No. 14, which proposes to amend

        Chapter 23 (Subdivisions), Hawaii County Code 1983, by adding a new

        article relating to the dedication of land for Public access to the

        Shoreline passed first reading on April 5, 1989.  It is presently

        assigned to the Council's Planning Committee.  The Council must pass

        Bill 14 on second reading prior to it becoming Ordinance.












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                                     DEPARIMEN1 OF LAND UTILIZA11ON


                                             PUBLIC HEARING
                                                                            t@E 0F S',_, pj_,
            NOTICE IS HEREBY GIVEN of a public hearing to    be held  by the Department of
            Land Utilization of the City and County of Honolulu under Special Management
            Area Ordinance, Chapter 33, R.O.H., as amended, for the following
            application at the date and the time specified or soon thereafter:


            -----------------------------------------------------------------------------


            DATE:          Tuesday, April 17, 1990
            TIME:          10:00 a.m.
            PLACE:         Waimanalo Community-School Library
                           41-1320 Kalanianaole Highway

                      APPLICATION:      SPECIAL MANAGEMENT AREA USE PERMIT
                                        90/SMA-15(DEB)

                      APPLICANT/
                      RECORDED OWNER:   State Department of Hawaiian Home Lands
                      AGENT:            Stanley S. Y. Young
                      TAX MAP KEY:      4-1-17: 1 and 21
                      LOCATION:         Waimanalo, Oahu
                      REQUEST:          A proposal to construct a gravity sewer system and
                                        pumping station.


            ------------------------------------------------------------------------------


            Maps showing the general location and boundaries of the area under
            consideration are on file in the office of the Department of Land
            Utilization, Honolulu Municipal Building, 650 South King Street, 7th Floor,
            and are available to the public for inspection during office hours.        For
            assistance, please call the department's Environmental Affairs Branch at
            523-4077.

            All interested persons are invited to attend.     Those persons desiring to
            testify may register prior to the public hearing at the public hearing site
            and are encouraged to submit one copy of their testimony in writing.

            Attendance at the public hearing is not necessary to submit testimony.
            Written testimony which is received by the Department of Land Utilization at
            the above address prior to the public hearing will be included with the
            transcripts of the hearing and will be considered in the evaluation of the
            request.




                                                     DONALD A. CLEGG
                                                     Director of Land Utilization


            (lion. Adv.: Monday, March 26, 1990)
            0057L/5












          DEPARTMENT OF LAND UTILIZATION (DLU)
          CITY AND COUNTY OF HONOLULU



                         HAWAII COASTAL ZONE MANAGEMENT PROGRAM
                                    PERFORMANCE REPORT
                            JANUARY 1, 1989 - MARCH 31, 1989


          I.     ADMINISTER DEV`ELOPMENT PERMITS

                 A.  Special Management Area Use Permit (SMP)

                     Five (5) SMP applications received this quarter are
                     currently being processed. Nineteen (19) projects
                     were granted Minor Permits. Numerous other requests
                     were reviewed and found to be exempt.

                     During this quarter, public hearings were held on five
                     (5) SMP applications, as summarized below:

                     Public Projects - 4                              Status

                     Kakaako Waterfront Park                          Withdrawn

                     Pupuole Park Master Plan (Waipahu)               Approved

                     Kailua Beach Park Walls                          Withdrawn

                     Kapiolani Community College Master Plan          Pending


                     Private Project - I                              Status

                     Renovations to Outrigger Waikiki Hotel           Approved


                     The hearings were sparsely attended, except for the
                     one on the Kailua Beach Park Walls application. That
                      earing drew about 30 people. All who testified were
                     in--opposition to the project. Residents and community
                     association representatives expressed concern about
                     the visual impacts of the walls, and they recommended
                     restoring the vegetation on the sand dune fronting the
                     main comfort station. Following the hearing, the City
                     Department of Parks and Recreation decided to withdraw
                     the application.

                     The Hawaii Community Development Authority also
                     withdrew its application for grading and landscaping
                     for the proposed Kakaako Waterfront Park, in order to
                     perform more extensive testing for the presence of
                     hazardous materials.










                    Of the applications pending since last quarter, the
                    following were approved: Waianae Mall expansion;
                    Airport Crash Fire Rescue Station #2; Heeia-Kea Small
                    Boat Harbor improvements; Kaneohe Wastewater Treatment
                    Plant - conversion to pretreatment; industrial
                    warehouse - Waipahu: three industrial warehouses -
                    Waipahu; three-unit residential project - Waialua; and
                    AT&T Cable Ship Terminal - Sand Island.

                    The City Council denied the application by General
                    Telcourier, Inc. for a telecommunications facility
                    within Koko Head Regional Park and instead imposed a
                    moratorium on such facilities in the Park.

                B.  Shoreline Setback Variance (SV)

                    The department received five (5) applications for
                    development within the shoreline setback. one is for
                    a dining pavilion for an existing tennis club; one is
                    an after-the-fact application for a seawall on a
                    residential lot; and the other three concern various
                    improvements within residential lots.

                    Public hearings were held on three applications
                    received previously: a vehicle barrier in Mokuleia; a
                    swimming pool on a residential lot in Koko Kai; and
                    various improvements on a residential lot in Wailupe.
                    The hearings were sparsely attended. All applications
                    were subsequently approved with conditions.

                    Two other applications pending since the previous
                    quarter were approved with conditions: Airport Crash
                    Fire Rescue Station (with an SMP); and the application
                    for a seawall in Makaha.

                C.  Shoreline Investigation

                    Several shoreline investigations were conducted during
                    this period, mostly concerning eligibility for,a
                    20-foot Shoreline Setback and to investigate the
                    legality of existing seawalls.

                    The department has imposed a $10,000 fine and daily
                    fines on Koolau Agricultural Company for the realign-
                    ment of Punaluu Stream. The agent has recently
                    indicated the applicant's intent to apply for an
                    after-the-fact SMP.











          0291,N                            -2-










                    Field investigations were also undertaken with regard
                    to various SMP and Building Permit applications.
                    Finally, field checks were performed on a number of
                    projects where waiver of the shoreline survey was
                    requested.

                D.  Minor Permits

                    A total of 19 Minor Permits were granted during this
                    period. They entailed various small construction
                    projects, such as rock walls, a park shower, comfort
                    station renovations, and a small aquaculture facility.


          Ii.   H-PASS


                The department has input permit data, but has been unable
                to transmit data because of problems with the modem
                hook-up.


          III.  PROJECT MONITORING

                The DLU is conducting a continuous program of monitoring
                compliance of approved projects with permit conditions.
                In addition, the department is monitoring shoreline areas
                in response to applications and complaints.

          IV.   PERMIT COORDINATION, STREAMLINING AND LITIGATION


                A.  Permit Coordination

                    In this quarter, the DLU has been coordinating permits
                    with the City and County Department of Public Works,
                    Board of Water Supply, Department of Parks and
                    Recreation, the State Department of Health, Department
                    of Land and Natural Resources (DLNR), Department of
                    Business and Economic Development, the Office of
                    Environmental Quality Control and the U. S. Army Corps
                    of Engineers. Public input has been received via
                    public hearing.

                B.  Litigation

                    In a suit by the Sandy Beach Defense Fund over the
                    Golf Course 5 & 6 project, the Hawaii Supreme Court
                    decided in favor of the City that the SMP was valid
                    and that the City Council - as a legislative body -
                    could not be required to hold a contested case hearing.









          0291N                             -3-




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                                                  COUNTY OF KAUAI
                                                                                L-------- . ......
                                               PLANNING DEPARTMENT
                                                                             OFFICE OF S
                                                                                        TATE PLAN
                                                   LIHUE, KAUAI                                  IN 11`1 G.

                                            NOTICE  OF PUBLIC HEARINGS

                 NOTICE IS  HEREBY GIVEN of public hearings to be held by the County of
               Kauai Planning Commission at the County Building (Council Chambers) on
               Thursday, March 8, 1990, at 1:30 p.m. or soon thereafter to consider, under
               the Special Management Area Rules and Regulations of the County of Kauai,
               State Land Use Commission Rules and Regulations, and provisions of Section 8
               of the Kauai County Revised Code of Ordinances, the following:

                     1.  SPECIAL MANAGEMENT AREA USE PERMIT, USE PERMIT and CLASS IV ZONING
                         PERMIT to allow construction of church facilities within the
                         Special Management Area and Residential and Special Treatment-
                         Public zones on property located approximately 350 feet northeast
                         of the intersection of Kuhio Highway and Kawaihau Road in Kapaa,
                         Kauai, further identified as Tax Map Key: 4-6-14: Por. 26,
                         containing an area of 1.96 acres.

                   ,/2.  SPECIAL MANAGEMENT AREA USE PERMIT to allow construction of a paved,
                         two-lane access road including installation of a waterline from
                         Waapa Road to the Small Boat Harbor area in Nawiliwili, Kauai, on
                         properties immediately South of the intersection of Niumalu and
                         Waapa Roads, further identified as Tax Map Key: 3-2-03:7, 31 & 34,
                         containing a land area of 7.762 acres.

                 All interested persons may present testimony for or against any
               application as public witnesses. Such testimony should be made in writing
               and presented to the Commission prior to the public hearing.
                 Arry party may be represented by counsel if he or she so desires.        In
               addition, individuals may appear on their own behalf, a member of a
               partnership may represent the partnership, and an officer or authorized
               employee of a corporation or trust or association may represent the
               corporation, trust or association.
                 Petitions for intervenor status must be submitted to the Commi-ssion and
               the applicant at least seven (7) days prior to the date of the hearing
               advertised herein and shall be in conformance with Chapter 4 of the' Rules of
               Practice and Procedure of the Planning Commission.
                 Proposed plans and the Rules of Practice and Procedure of the Planning
               Commission are available for inspection at the Planning Department which is
               located at 4280 Rice Street, Lihue, Kauai.

                                                        KAUAI PLANNING COMMISSION
                                                        Thomas P. Contrades, Chairman
               (Feb. 15, 1990)                          By Tom H. Shigemoto, Planning Director

               Publish in reduced print.


               Exhibit "A"'












                        JOANN A. YUKIMURA                                                              
                                  MAYOR                                                                                                                  TOM H. SHIGEMOTO
PLANNING DIRECTOR
                                                                                                                              
                                                                                                                                                        ROLAND D. SAGUM, III
                                                                                                                                                       DEPUTY PLANNING DIRECTOR
                                                                               TELEPHONE (808) 245-3819

                                                                                        COUNTY OF KAUAI
                                                                                       PLANNING DEPARTMENT
                                                                                            4280 RICE STREET
                                                                                       UHUE, KAUAI, HAWAII 96768



                           January 17, 1989

                                                                                                                                                       
                           Hemmeter/VMS Kauai Company V                                                                                                                          1441 Kapiolani Blvd., 18th Floor                                                                                   
                           Honolulu, Hawaii 96814



                           Subject:               Use Permit U-89-12
                                                  Special Permit SP-89-6
                                                  Shoreline Setback Variance SSV-89-2
                                                  Special Management Area Use Permit SMA(U)-89-3
                                                  Class IV Zoning Permit Z-IV-89-12
                                                  TMK: 3-5-01: Par 102, Nawiliwili, Kauai



                           The Planning Commission, at its meeting held on January 12, 1989,
                           approved the subject permits to establish an 18-hole golf course
                           and to construct and establish accessory uses and structures
                           including a golf academy subject to the conditions contained
                           within the attached report.
                                           
                         TOM H.                SHIGEMOTO
                           Planning Director

                           cc:        Mayor
                                      Public Works Dept.
                                      Water Dept.
                                      Health Dept.
                                      Highways Div.
                                      Airports Div.
                                      State Planning
                                      DLNR
                                      Dept. of Agriculture
                                      Real Property Division










                          Special Management Area Use Permit SKA(U)-89-3
                          Special Permit SP-ag-6
                          Shoreline Setback Variance Permit SSV-89-2
                          Use Permit U-89-12
                          Class IV Zoning Permit Z-IV-89-12

          APPLICANT:      Hemmeter/VMS Kauai Company V

          ADDITIONAL FINDINGS:


          1. In 1978, an Special Management Area Use Permit SMA(U)-78-16
              was approved by the Planning Commission relative to the Lihue
              Airport Master Plan. Condition *2 reads as follows:

               2. The 40 feet vehicular access to the shoreline for
                    recreational purposes be provided and so delineated and
                    recorded on the final subdivision maps and documents."

              Subsequently, in 1980 when the subdivision was applied for,
              condition #2 of S-78-139 read:


              142.  The subdivider provide public vehicular access for
                    recreational purposes to the shoreline (access may be
                    along existing cane roads providing access to the
                    shoreline). This condition shall be so annotated on
                    the subdivision map."

              The final subdivision map reflects the existing Easement 15
              (20 ft. wide) in metes and bounds that addresses the SMA and
              subdivision requirements, arid which follows the existing
              vehicular beach access an the property. However, the
              easement was never formally granted to the County.

          2.  The Planning Commission has received a 138 signature petition
              that requests the provision of 11 ... access to the entire
              shoreline area from Ahukini to the Nawiliwili lighthouse. it
              is recommended that the present roadway used by fishermen and
              others be preserved and that the lands eastward of this
              roadway be declared Conservation to prevent further
              destruction of trees, flora, fauna, and rack formatioris.14

          EVALUATIOMi

          Applicant proposes to establish an 18-hole golf course; a
          22,900+ sq. ft. c@ubhouse that would accommodate two dining
          areas, a men's and women's health club; a 19,500 sq. ft. academy
          that would have classrooms, lecture theater, pro shop, office and
          cart storage area: an 8,000 sq. ft. golf course maintenance
          building; and parking areas to accommodate approximately 148
          stalls, 10 of which are intended for the public. The golf





                                           13










        course is to be constructed makal of Lihue Airport, and is
        intended to enhance the amenities available to Westin's hotel
        operations.

        In considering the above requested uses and structures, the
        following permit standards were considered:

        A.   Special Permit:


             A Special Permit is required since the rating of this
             Agricultural District soil is "B Class." However, this
             permit will be rendered moot should this project site be
             reclassified into the Urban District as is currently being
             requested by the applicant before the Land Use Commission.
             In determining whether the proposed use could be considered
              unusual and reasonable," the following 5-point Special
             P"ermit test was utilized:

             1.  The proposed use would not be considered to be contrary
                 to the objectives sought to be accomplished by the Land
                 Use Law and Regulations given the site's location and
                 access, which makes continued agricultural use
                 (sugarcane) difficult for the landowner. The site was
                 utilized for the cultivation of sugarcane when much of
                 the region was being cultivated; however, the conversion
                 of much of the land within the vicinity was to urban type
                 uses (industrial, resort) which only magnified the site's
                 location and access problems. The site is presently
                 vacant and uncultivated.

             2.  The proposed use would not adversely affect surrounding
                 properties. The abutting and surrounding properties are
                 the Lihue Airport and the applicant's Kauai Lagoon
                 Resort, of which this project will be integrated with.
                 As no habitable structures are intended and minimal
                 number of single story structures are intended, airport
                 operations should not be impacted.

             3.  The golf course academy use would not unreasonably burden
                 public agencies to provide roads and streets, sewers,
                 water, drainage and school improvements, and police and
                 fire protection. Minimum expansion of water, sewer, and
                 fire protective services would be needed for the proposed
                 use, as this general area is already being serviced. No
                 major off-site infrastructural improvements will be
                 needed for,the project. On-site improvementso
                 particularly the drainage system, should assist the
                 surrounding areas.  All utilities and public services are
                 available. Where they are not, the applicant will be
                 responsible for the appropriate upgrades and/or
                 improvements.




                                         14











            4. Unusual conditions, trends and  needs have arisen since
                the district boundaries and regulations were established:

                a.  The proposed use and improvements are in response to
                    trends and needs within the tourism industry to
                    provide recreational options that make optimum use of
                    existing and available resources. The development of
                    the property as a golf course/academy is considered a
                    traditional approach to the development of resort
                    areas, and will be an extension of the existing
                    resort function of the Kauai Lagoons Hotel.

                b.  The surrounding areas have evolved into a full-
                    fledged airport with a new runway to accommodate
                    larger and newer aircraft and terminal in
                    anticipation of greater volumes of traffic; and a
                    major world class destination resort complex.
                    Surrounded by urban types of uses and isolated
                    locationally has rendered the project site
                    agriculturally undesirable.

            5. The  nature of the surrounding and uses has rendered the
                subject area undesirable for active agricultural
                pursuits,


        B.  Use Permit:


            A Use Permit is necessary for golf courses within the
            County's "Agriculture" District and for commercialized
            recreation activities within the "Open" District. Given the
            nature of the proposed activity, we do not anticipate adverse
            Impacts to the health, safety, peace, morals, comfort and
            general welfare of persons residing or working in the
            neighborhood, or detrimental to property and improvements in
            the area provided all proposed structures and landscaping
            comply with the Department of Transportation's Airports
            Division concerns and requirements, and adequate beach access
            and parking (to be discussed) be provided. Additionally,
            adverse environmental impacts are not anticipated based on
            the studies submitted with the permit application.

        C.  SMA Use Permit:

            The proposed improvements to the site will not adversely
            affect ocean dependent resources, will improve beach access
            and public parking areas, will Improve the drainage
            characteristics of the site, will not adversely impact the
            historic sites on the property, and makes provisions for
            solid and liquid waste treatment and/or disposal in order to
            minimize any potential for degradation of the coastal
            resources.







                                       15










            Furthermore, the proposal does not:

            1.  involve dredging, filling or otherwise altering any bay,
                estuary, salt marsh, river mouth, slough, or lagoon;

            2.  reduce the size of any beach or other area usable for
                public recreation;

            3.  reduce or impose restrictions for public access to tidal
                and submerged lands, beach portion of rivers and streams
                within the special management area, provided the
                recommendations contained in this report relative to the
                vehicular beach access are maintained;

            4.  adversely affect water quality based upon the studies
                submitted, existing areas of open water free of visible
                structure, existing and potential fisheries and fishing
                grounds, wildlife habitats, or estuarine sanctuaries; and

            S.  substantially interfere with or detract from the line of
                sight toward the sea from a State highway nearest the
                coast, or from existing public views to and along the
                shoreline.


            Specific areas of concern within the SM.A include the
            following:

            1.  Archaeological - A data recovery and preservation plan
                for the archaeological sites located on the property
                shall be reviewed and approved by the State Historic
                Preservation Officer and the Planning Department prior to
                any grading or grubbing of the property. For any sites
                to be preserved, and to prevent accidental destruction of
                the site, a buffer zone and barrier utilizing metal poles
                at least 10 ft. high, with either flagging or fencing
                connecting the poles shall be established, and shall be
                constructed prior to any grading or grubbing of the site.
                Such barrier shall be field checked by the Planning
                Department for adequacy.

            2.  Landscaping - The extensive land*caping proposed f6r the
                project will improve the quality of the coastal scene and
                open spaces of the site. A landscaping master plan,
                subject to prior review and approval, should also be
                required.

            3.  -Beach Access - The Hawaii Coastal Zone Management Act
                contains the following Objectives and Policies that could
                be considered applicable to this project:







                                        16











                    Obiectives

                    -   provide coastal recreational opportunities
                        accessible to the public;

                    -   protect, preserve, and where desirable, restore
                        or improve the quality of coastal scenic and open
                        space resources.


                    Policies


                        Provide adequate, accessible, and diverse
                        recreational opportunities in the coastal zone
                        management area by:

                        -   protecting coastal resources uniquely suited
                            for recreation activities that cannot be
                            provided in other areas;

                        -   providing and managing adequate public
                            access, consistent with conservation of
                            natural resources, to and along shorelines
                            with recreational value.


                        insure that new developments are compatible with
                        their visual environment by designing and
                        locating such developments to minimize the
                        alteration of natural landform and existing
                        public views to and along the shoreline;

                        preserve, maintain, and where desirable, improve
                        and restore shoreline open space and scenic
                        resources.


               Although the applicant reflects public beach access (2
               parking areas of 5 stalls each, and an unimproved
               floating lateral pedestrian easement), we are of the
               opinion that, given the rugged nature and length of the
               coastline, and the many varied fishing related activities
               and types that occur, vehicular access parallel to the
               coastline as it currently exists MUST be maintained in
               order to comply with the SMA and subdivision requirements
               of 1978 and 1980. Any diminishment of this vehicular
               access could be considered to be contrary to the
               Objectives and Policies of the Hawaii Coastal Zone
               Management-Act.


               In this instance, such vehicular access should remain
               unimproved, and should delineate the makai boundary of
               the golf course. Methods can be established and
               implemented to prevent vandalism to the golf course
               improvements. We do not believe 4-wheel drive all-



                                        17










                  terrain vehicles will be a problem due to the lack of a
                  sand beach fronting the golf course. To require coastal.
                  users to park in only two specific areas and walk and
                  carry their fishing gear approximately 600 to 800 feet
                  just in order to reach two coastal areas would not be
                  considered appropriate, nor would it benefit any
                  recreational users of the coastline. Such a program as
                  proposed by the applicant will only serve to discourage
                  coastal recreational use by the local residents.

             4.   Desig - Since design plans have not yet been developed
                  for the proposed structures to be constructed, the
                  Planning CommIssion should review the plans prior to the
                  issuance of any building permit. Design criteria should
                  include non-reflective roof materials, no mirrored
                  windows, exterior lighting fixtures limited to shielded
                  lights, cut-off luminaries or indirect lighting and no
                  spotlighting of the ocean. Relative to height, such
                  structures should be low rise or single story, not to
                  exceed 35 ft. If appropriate, staggered and graduated
                  building heights and building envelopes, and the
                  establishment of a transition zone should be utilized.

             5.   The Conservation District should be clearly established
                  with a staked line utilizing wooden or metal poles a
                  minimum of 10 ft. in height and painted for ease in
                  visual Identification by equipment operators. This stake
                  line should be verified in the field by the Planning
                  Department.

             6.   The grading and/or grubbing plan should be subject to.
                  review and approval by the Planning Director. The
                  applicant should institute and maintain whatever measures
                  are necessary, including but not limited to filter
                  screens, siltation ponds, etc. to minimize or eliminate
                  drainage impacts to the coastline or waters during the
                  grading and grubbing phase of the project.

         D.  Shoreline Setback Variance Permit:

             According to Chapter 20S, HRS and the  County regulatfons
             governing shoreline setback, setbacks  are required for a
             number of reasons. For one, there Is   the potential that
             structures built too close to the shoreline could "disturb
             the natural shoreline processes and erode the shoreline."
             There is also the issue of "maintaining open spaces" along
             the coastline. Then, too, the "unrestricted removal of sand
             and coral could deteriorate the shoreline and remove it from
             public use and enjoyment." Finally, dwellings and structures
             built too close could be "subject to tsunami and high wave
             damage."





                                         18









            In light of the above objectives, a variance could be granted
            by the Commission if it finds either that, 1) such structure,
            activity or facility is in the public interest, or
            2) hardship will be caused to the applicant if the request is
            denied. The applicant is requesting a Shoreline Setback
            Variance (SSV) to permit landscaping portions of the golf
            course (tees, fairways, and greens), and portions of the
            mauka-makai public access path to be constructed within the
            setback area.
            As previously @iscussed, we are of the opinion that an
            unimproved vehicular access road concept similar to that
            which exists now, and which runs parallel to the shoreline,
            must be maintained. Any reduction in this lateral vehicular
            access would be contrary to the intent of the previous SMA
            Permit approved in 1978, the subdivision requirement of
            1980, and specific SMA objectives and policies. It would be
            preferable that this unimproved public access road be
            utilized as the makai edge of the golf course. A revised
            golf course design incorporating the above is subject to
            review and approval by the Planning Commission. Where this
            roadway location can still satisfy our concern, and where the
            golf course improvements necessitate a SSV, we would have no
            objection since aesthetically improving the coastline
            experience with open space and landscaping improvements would
            be in the public interest. However, such improvements should
            not interfere, restrict, or reduce the public's lateral
            access along the shoreline.

        Other concerns considered Included the following:

            1. Agency Comments:

                a.  State Highways Division - Since Kapule Highway will
                    also be utilized for access for this project, certain
                    Kapule Highway improvements required by the Highways
                    Division but deferred by the applicant should be
                    implemented as a part of this project. These
                    improvements should be in place prior to the opening
                    of this third golf course.

                b.  Public Works Department - Relative to the future
                    sewer ocean outfall, the applicant should install and
                    extend the dry line from the airport during the
                    construction of this golf course in order to preclude
                    constr,4ction difficulties at a later date in
                    attempting to install the outfall line across an area
                    already developed. such cost of improvement should
                    be credited toward the Environmental Impact
                    Assessment fee that will be required of the
                    applicant, if appropriate.




                                        19









                      Relative to the sewage treatment plant capacity, such
                      issue must be resolved by the applicant with Public
                      Works prior to the issuance of any permits.

             2.   Lihue Development Plan and General Plan - The subject
                  area is designated Open and Agriculture in-the Lihue
                  Development Plan. We are of the opinion the requested
                  uses can be considered consistent with certain of the
                  Plan's policies such as enhancement of the existing
                  resort concept, and the provision of public shoreline
                  access.


                  As to the General Plan, the nature of uses proposed could
                  be considered consistent with the objectives sought to be
                  accomplished by the Open and Agriculture designations.
                  The golf course is of an open space, landscaped nature,
                  while access to the coastline must still be maintained
                  similar to what exists now.


                  We concur that agricultural use of the property would not
                  be preferable due to its location and isolation, the
                  nearby uses and its limited access.

             3.   We concur that the golf course should be urbanized in
                  this case.  The applicant's intent to maintain the
                  existing zoning designations should be made explicit,
                  either as a restrictive covenant for the property or as
                  an agreement with the County, that such designations
                  should not be amended, and that residential or resort
                  units will not be permitted. Towards that end, the
                  applicant should amend the zoning of the property from
                  Ag/Open to Open. Furthermore, the need to expedite the
                  total permit process is understood instead of starting
                  said process if and when the lands are reclassified.

                  However, we do not feel that construction of the golf
                  course should proceed if the land is not urbanized in
                  this case. After the fact urbanization, we believe,
                  circumvents the interest of the State land use law.

         CONCLUSION-^.

         Based on the foregoing findings and evaluation, it is concluded
         that provided the archaeological, architectural, drainage, public
         access and agency concerns are properly addressed and mitigated
         as recommended herein, the project can be designed to satisfy the
         objectives, policies and guidelines for development within the
         SMA. The Shoreline Setback Variance in this particular instance
         is duly warranted in that it is in the public interest. All
         efforts should be made to meet the 40 ft. shoreline setback







                                          20









        throughout although deviations will be considered if necessary,
        and provided the public vehicular access road is utilized as the
        makai boundary of the project where appropriate.

        Furthermore, with the inclusions of the mitigative measures
        recommended:


            1.  The development will not have any substantial adverse
                environmental or ecological effect. Any adverse
                environmental or ecological effect that may result will
                be minimized to the extent practicable and is clearly
                outweighed by public health, safety and welfare, and
                other compelling public interests. The development will
                not have adverse effects by itself or in conjunction with
                other individual developments, the potential cumulative
                impacts of which would result in a substantial adverse
                environmental or ecological effect and the elimination of
                planning options.

            2.  The development is consistent with: the objectives,
                policies and special management area guidelines contained
                in Chapter 205A of the Hawaii Revised Statutes; the
                objectives and policies contained in Section 3.0 of the
                Special Management Area Rules and Regulations of the
                County of Kauai (SMA Rules); and the Special Management
                Area guidelines contained in Section 4.0 of the SMA
                Rules.


            3.  The development is consistent with the County General
                Plan, the Comprehensive Zoning Ordinance of the County of
                Kauai, specifically Sec. 8-20.5 and 8-19.6. the Lihue
                Development Plan, and all other applicable ordinances.

        Finally, it is concluded the project in this case based on its
        location and surroundings can be considered an "unusual and
        reasonable use" within the State Land Use "Agricultura.," District
        utilizing the 5-point Special Permit test.

        RECOMMENDATION:

        Based on the foregoing findings, evaluation and conclusion: it is
        hereby recommended that Use Permit U-89-12, Special Permit
        SP-89-6, Shoreline Setback Variance SSV-89-2, Special Management
        Area Use Permit SMA(U)-89-3, and Class IV Zoning Permit
        Z-IV-89-12 be approved subject to the following conditions:

            1. No construction shall be allowed to commence until the
                State Land Use Commission and Land Board of the State of
                Hawaii have approved the district boundary amendment and
                CDUA respectively.





                                        21










            2.  All required landscaping and building plans shall be
                reviewed and approved by the Department of
                Transportation, Airports Division and FAA prior to
                submittal to the County for permit processing to ensure
                that height, safety, and lighting concerns have been
                adequately addressed. Such plans shall be stamped and
                dated by that agency. Any revisions to said shall follow
                the same process.

            3.  a)  Prior to grading or grubbing of the property, a data
                    recdvery and preservation plan for the archaeological
                    sites on the property shall be reviewed and approved
                    by the Planning Department and the State Historic
                    Preservation officer, and such requirements
                    completed.

                b)  For any sites to be preserved and/or incorporated
                    into the project, a buffer zone and barrier utilizing
                    metal poles at least 10 ft. in height, with either
                    flagging or fencing connecting the poles shall be
                    established and constructed prior to any grading or
                    grubbing of the site. Such barrier shall be
                    reviewed and approved in the field for adequacy.

                c)  Whenever grading or grubbing is to occur in the
                    vicinity of the sites identified in (b) above, the
                    consulting archaeologist shall be present and on site
                    to oversee such activities.


                d)  With regard to human burials, disinterment of remains
                    and subsequent reinterment would be the appropriate
                    course of action. Disinterment and reinterment would
                    be conducted in accordance with existing State Health
                    Department rules and regulations, and Chapter 6E-
                    Historic Preservation (Haw. Rev. Stat.) as recently
                    amended by Act 265 of the State of Hawaii Fourteenth
                    Legislature. Act 265 requires the development, in
                    consultation with the office of Hawaiian Affairs, of
                    a burial treatment plan covering the disinterment,
                    scientific study, and reinterment of Hawaiian burial
                    remains.


                e)  Should any additional archaeological finds other
                    than those already identified be discovered, the
                    applicant shall cease grading or grubbing activity in
                    the aftected ar eas and contact the State Historic
                    Preservation Officer and Planning Department. The
                    Planning Commission reserves the right to impose
                    additional conditions relating to preservation of
                    archaeological resources if deemed necessary.





                                        22










            4.  Prior to any State or County permit application
                applicable to the property subject of the permits herein
                conferred, the applicant shall submit to the Planning
                Commission for its review and approval, the following:

                a) a scale map providing:

                      i.  a designated, unimproved lateral shoreline
                          pedestrian and vehicular access on the subject
                          site for fishermen generally between that area
                          commonly referred to as "Naito Beach" and
                          moving south towards Ninini Point. said access
                          shall follow the existing unimproved road or
                          relocated as the makai boundary of the project.
                          At certain points, said access may be relocated
                          mauka of a golf tee, green, or fairway,
                          provided that there is no break in the access;
                          and

                     ii.  a designated, unimproved or improved lateral
                          shoreline pedestrian access and developer-
                          provided vehicular access on the subject site
                          for fishermen generally between said "Naito
                          Beach" and moving north towards Ahukini
                          Landing. Said access shall follow the existing
                          unimproved road or relocated as the makai
                          boundary of the project. At certain points,
                          said access may be relocated mauka of a golf
                          tee, green' or fairway, provided that there is
                          no break i@ the access;

                    Upon approval of said scale map, applicant shall
                    submit the necessary subdivision application to
                    establish such access-ways described above.


                b)  a scale map or plan depicting a minimum of ten (10)
                    parking stalls situated on the subject property, and
                    northern and southern vehicular accesses leading from
                    said parking stalls to County or State roadway.
                    systems. During construction and/or grading,
                    alternate access areas shall be provided to the
                    public. The applicant shall submit a map reflecting
                    these temporary access areas, and shall publish such
                    map in the local newspaper.

                c)  scale depictions of the proposed signage designating
                    the various accesses and parking stalls described
                    hereinabove, together with a scale map or plan which
                    locates said proposed signage:





                                        23










                d)  a copy of a license agreement by which members of the
                    public who wish to utilize the accesses and parking
                    stalls created and described herein for fishing and
                    such related purposes, will be afforded entry
                    thereto, which should provide, at minimum, for the
                    following:

                       i. the license shall provide for vehicular access
                          to the parking facilities described in
                          paragraph (b) above, and shall create a right,
                          for fishing and related purposes, to utilize
                          such accesses and the specified parking
                          facilities for the purposes stated herein;

                      ii. the license shall provide vehicular and/or
                          pedestrian access to the shoreline from the
                          parking facilities and shall grant vehicular
                          and/or pedestrian access along the shore-
                          line upon the accessways designated in the
                          scale map to be approved hereunder, the
                          location of which shall be determined by the
                          Planning Commission after the applicant has
                          submitted the item described in paragraph (a)
                          above;

                    iii.  the license may provide that the licensee, who
                          must apply for the individual license with the
                          applicant, must provide proof of identification
                          and such other information deemed necessary by
                          the applicant for the purposes of ensuring the
                          safety of persons and the security of the
                          subject property; the applicant's requirements
                          for information from any prospective licensee,
                          however, shall be reasonable, and such
                          requirements proposed to be imposed by the
                          applicant shall be submitted in writing to the
                          Planning Department for review and approval
                          prior to any and/or grubbing permit application
                          for the subject property;

                      iv. the license may provide that the licensee must,
                          in light of Chapter 520, Hawaii Revised
                          Statutes, sign an acknowledgment regarding the
                          respective rights and liabilities of those
                          using the lands of another for recreational
                          purposes;

                       V. the license shall provide that the licensee
                          shall absolve the County of Kauai, the Planning
                          Commission of the County of Kauai, and the
                          applicant from any and all liability for any




                                        24









                          property damage or bodily injury, or death,
                          resulting from the licensee's use of the
                          subject property;

                     vi.  the applicant may commence taking applications
                          for and issuing licenses to individuals within
                          90 days of Planning Commission approval of
                          these permits;

                    vii.  upon complaint to the Planning Department by
                          any person denied a license or denied
                          reasonable requests to enter the subject
                          property notwithstanding possession of a
                          license, the Planning Department shall contact
                          the applicant's representatives for the purpose
                          of making a determination as to whether or not
                          the complaint is justified. If the denial by
                          the applicant Is not justified, the Planning
                          Department shall submit a report and
                          recommendation to the Planning Commission
                          regarding the permits issued hereunder;

                    The applicant shall be responsible for the
                    maintenance of the accesses and parking facilities
                    created In connection with the foregoing condition,
                    together with any improvements installed, erected,
                    placed or constructed thereupon.

                e.  All accesses shall be made available on a 24 hour
                    basis.


                f.  executed copy of any avigation and noise easement
                    documents and maps for the entire parcel, as required
                    by the Department of Transportation, Airports
                    Division.


            5.  Prior to building and/or grading permit application,
                applicant shall submit construction and/or grading plans
                detailing the areas and types of improvements where the
                shoreline setback variance is to be utilized. Such, plans
                shall be subject to review and approval by the Planning
                Commission, and shall not restrict or reduce public
                vehicular or lateral each access as it currently exists.
                The shoreline setback variance approval shall not be
                applicable to dry wells, draining outlets, drain lines,
                headwalls,.structures, etc.

            6.  The grading and/or grubbing plan shall be subject to
                review and approval by the Planning Director. Applicant
                shall institute and maintain whatever measures are







                                        25









                necessary to minimize or eliminate drainage impacts to
                the shoreline and waters specifically during the grading
                and grubbing phase of the project.

             7. Any structures proposed shall be subject to design review
                and approval by the Planning Commission.    Design criteria
                shall include a 35 foot height limitation, non-
                reflective roof materials, no mirrored windows, exterior
                lighting fixtures limited to shielded lights, cut-off
                luminaries or indirect lighting, and no spotlighting of
                the ocean. If appropriate, staggered and graduated
                building heights and building envelopes, and the
                establishment of a transition zone should be established
                or incorporated in the design.

             8. Prior to grading or grubbing of the site, the
                Conservation District should be clearly established with
                a stake line utilizing metal poles a minimum of 10 ft.
                in height which clearly demarks the boundaries and
                provides a visual identification by equipment operators.
                The stake line should be verified in the field by the
                Planning Department.

             9. As recommended by the Public Works Department, the
                applicant shall install a "dry line" through the site
                during the grading aspect of the project for the future
                ocean outfall.


            10. As a condition to issuance of Use Permit U-89-12, and
                pursuant to Section 8-20.5(b) of the Kauai County Code,
                the applicant shall, pursuant to its representations and
                offer, prior to any State or County permit application
                pertinent to the property subject of the permits herein
                conferred, remit the sum of $150,000.00 in the form of
                United States currency or valid negotiable instrument, to
                the Director of Finance, County of Kauai, which
                remittance shall specifically be utilized for the
                purposes of mitigating the impacts to the community
                reasonably anticipated to be generated by the project
                proposed and approved herein.

            11. Other requirements and concerns of the State Highways
                Division, Public Works, Water and Fire Departments, and
                State Health Department shall be resolved and/or
                complied with the respective agency(ies).

            12. The applicant is advised that prior to and/or during
                construction and use, additional government agency
                conditions may be imposed.   It shall be the applicantI.s
                responsibility to resolve these conditions with the
                respective agency(ies).




                                        26









           13.  Applicant shall submit a landscape master plan for the
                site for review and approval by the Planning Director in
                conjunction with condition 42 above.

           14.  Applicant shall submit a certified shoreline survey of
                the property prior to the issuance of any grading or
                grubbing permit.

           15.  Applicant shall conduct follow up studies relative to the
                applicant's Exhibits "E" (Baseline Assessment of the
                Marine Environment in the Vicinity of the Kauai Lagoons
                Golf Course, Lihue, Kauai, Hawaii) and 'IF" (Environmental
                Impact of Fertilizer and Pesticide Use an the Proposed
                Westin Kauai Lagoons Phase V Golf Course). Such studies
                should take place at such time the project is fully
                operational. Specific areas to be tested shall include,
                but not be limited to, the areas fronting the academy,
                and all areas where drainage improvements are provided
                that outlet to the sea. Measurements shall occur during
                storm and normal weather conditions. Such studies shall
                be submitted within one (1) year after the project
                becomes fully operational.

                The Planning Commission reserves the right to impose any
                conditions or requirements, if necessary, in order to
                address any unforseen or unanticipated problems or
                concerns that may result from these studies.

           16.  Roadways connecting the existing resort development to
                the proposed project shall be paved to County standards.

           17.  A revised beach access masterplan shall be submitted
                prior to building permit application. This masterplan
                shall reflect all beach access (vehicular and pedestrian)
                and parking areas and/or easements within the entire
                resort complex (all phases). Applicant shall notate on
                said master plan the document type by which each easement
                or area has been established and granted. The Planning
                Department reserves the right to add conditions upon
                further review.


           18.  Applicant shall submit a zoning amendment application to
                the County as discussed In this report, within 6 months
                from the date of completion of the golf course, if
                approved.

                                         Approved   Recommended to Commission:


        BY-
            Michael Laureta                 Tom H. Shi(femoto
            Planner                         Planning Director



                                        27











                                      HAWAII COASTAL ZONE MANAGEMENT PROGRAM
                             TWELFTH YEAR IMPLEMENTATION GRANT CONTRACT NO. 27112
                                              QUARTERLY STATUS REPORT
                                Period Covering January 1, 1990 to March 31, 1990


                  I. Budget

                 II. Special Projects

                      The Planning Department staff consulted with the Office of State
                      Planning regarding beach erosion studies.

               III.   SMA Permits

                      Type of Permit               No. of       No. of       No. of       Ave. length
                                                   Permits      Permits      Permits      of time
                                                   Received     Approved     Denied       for Review


                      SMA Major                        3           3            0           37 days
                      SMA Minor                        3           2            0            1 days
                      SMA Emergency                    0           0            0
                      Shoreline Setback Var.:
                         a. SSV requiring SMA          0           0            0
                         b. SSV not requiring          0           0            0
                               SMA


                      Violations


                      No violations were confirmed during the quarter.

                 IV.  Others

                      The Department monitored state legislation affecting Special Management
                      Areas and participated in lobbying and providing information                   to
                      decision makers.

                      The Department worked with OSP regarding monitoring and enforcement of
                      the CZM Program relative to the H-PASS Program.

                      The Department drafted proposed amendments to the County of Kauai
                      Shoreline Setback Rules and Regulations.        Staff set up a meeting with
                      staff members of other counties to discuss and review the legislation
                      affecting the Shoreline Setback Rules.

                      Staff   continues   its regular attendance at          the monthly Statewide
                      Advisory Committee meetings.




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                                       NOTICE OF PUBLIC HEARIN(;
                                       MAUI PLANNING COMMISSION

       The Maui Planning Commission of the County of Maui hereby !gPY9!PWQFtqWr:
                                                                   Q__            - -I.-
       conduct a hearing on May 22, 1990 at 9:00 a.m. in the Civil Defense Conference Room,
       Ist Floor, County Building, I%Yailuku, Maui on the following applications:


       SPECIAL MANAGEMENT AREA USE PERMIT APPLICATIONS


             I .   MR. RONALD M. GAII-aIIE, Executive Vice-President and General Manager, Kahului
                   Trucking & Storage, requesting a Special Management Area Use Permit to
                   construct a 2.0 million gallon steel tank for molasses storage at Kahului,
                   Maui, TMK 3-7-11:17

             2.    MR. RICHARD TAKASE on behalf of Glory Buil Hawaii, Inc., requesting a
                   Special Management Area Use Permit to construct the 210-unit Royal Maui
                   Kai, a three-story parking structure and on-grade parking of 725 stalls
                   collectively, a two-story commercial complex with approximately 20,000
                   square feet of net leasable area, and other related improvements at Kamaole,
                   Kihei, Maui, TMK 3-9-20:07

             3.    MR. TEUANE TOIMINAGA, State Public Works Engineer, Department of Accounting
                   & General Services, requesting a Special Management Area Use Permit to
                   construct a two-story classroom building, a one-story music building,
                   three portable classrooms at the Lokelani Intermediate School and four
                   portable classrooms at the Kihei Elementary School and other related
                   improvements at Kihei, Maui, TMK 2-2-02:43    (90/SM1-012)


       SPECIAL MANAGEMENT AREA USE PERMIT & SHORELINE SETBACK    VARIANCE


             1.    MR. ALVIN FUKUNAGA, Director, Department of   Public Works, requesting
                   a Shoreline Setback Variance and Special Management Area Use Permit to
                   construct a concrete lined channel, box culvert and other related improvements
                   for the proposed Mahinahina Channel and Flood and Erosion Control Project
                   at Mahinahina, Lahaina, Maui, TMK 4-3-06:16, 41, 43, 51, 70 (90/S,111-014)


       CHANGE IN ZONING


             1.    MR. ARDEN HENDERSON, President, Maui Electric Company, Ltd., requesting
                   a Change In Zoning from County Agriculture to 11-1-2 Heavy Industrial District
                   for approximately 14.958 acres of land at 'Maalaea, Maui, TMK '3-8-05:25
                   (go/CIZ-10)

       The subject public hearing will be conducted.in accordance with the Hawaii Revised
       Statutes, the Maui County Code and the rules of the Maui Planning Commission. Informatiol
       pertaining to the subject applications are on file in the Office     of the County of
       Maui Planning Department, 200 S. High Street, Wailuku, Maui.

       All testimony regarding the subject application must be filed in writing with :he
                        0                                                         0
       Planning Department before the date of the hearing or presented at the time of the
       hearing.









                                                                   Depury Planning Director
                                               It





                                    COUNTY OF MAUI
                               PLANNING DEPARTMENT

                                     Zoo S. HIGH STREET
                                 WAILUKU. MAUI. HAWAII 96793
                                   November 8, 1989



        Mr. Henry Sheldon
        HASEK0 MANAGEMENT AND INVESTMENT INC.
        820 Mililani Street, Suite #820
        Honolulu, Hawaii 96813

        Dear Mr. Sheldon:

            RE: Special Management Area Use Permit  for the proposed 9,600
                 square feet Honokowai Shopping Village and gasoline pumps
                 at TMK: 4-4-1: 14, Honokowai, Maui.

            At its regular meeting on November 7, 1989, the Maui Planning
        Commission reviewed the above request and after due deliberation,
        voted unanimously to grant the subject Special Management Area Use
        approval in accordance with plans dated July 10, 19810, (Exhibit B),
        subject to the following conditions:

        i.  That the conditions of this Special Management Area Use Permit
            shall be self enforcing and, accordingly, upon due notice by
            the Planning Department to the permit holder and the Planning
            Commission that there is prima facie evidence that a breach has
            occurred the permit shall be automatically suspended pending a
            hearing on the continuity of such Special Management Area Use
            Permit, provided that written reque;t for such a hearing is
            filed with the department within ten (10) days of the date of
            receipt of such notice of alledged breach. If no request for
            hearing is filed within said ten (10) day period, the Planning
            Commission may revoke said Special Management Area Use Permit.

        2.  That subject Special Management Area Use Permit shall not be
            transferred without the prior written approval of the Planning
            Commission. However, in the event that a contested case
            hearing preceded issuance of said Special Management Area Use
            Permit, a public hearing shall be held upon due published
            notice, including actual written notice to the last known
            addresses of parties to said contested case and their counsel.

        3.  That the applicant, its successors and permitted assigns shall
            exercise reasonable due care as to third parties with respect
            to all areas affected by subject SDecial Management Area Use
            Permit and shall hold the County oil: Maui harmless from and
            against any loss, liability, claim or demand arisina out of
            this permit.









        Mr. Henr_ Sheldon
                'i
        November 8, 1989
        Page 2




        4.   That the construction of the proposed project shall be
             initiated within a period of two (2) years from the date of the
             granting of the Special Management Area Use Permit.

        5.   That appropriate measures shall be taken during construction to
             mitigate the short-term impacts of the project relative to soil
             erosion from wind and rain, and ambient noise levels and
             traffic disruptions.

        6.   That full compliance with the comments of the Department of
             Public Works, as identified in their memo dated October 6, and
             30, 1989 (as amended), shall be rendered, unless written
             verification has been obtained that these conditions have been
             either modified or deleted.

        7.   That full compliance with the conditions of the Department of
             Transportation, Highways Division as identified by their letter
             dated September 27, 1989, shall be rendered...

        8.   That full compliance with the Department of Water Supply as
             identified by their letter dated September 15, 1989, shall be
             rendered.


        9.   That full compliance with the Department of Health as
             identified by their letter dated September 18, 1989, shall be
             rendered.


        10.  That full compliance with all applicable governmental
             requirements shall be rendered.

        11.  That any changes and or modifications to this permit shall be
             referred to the Maui Planning Commission for its review and
             approval.

        12.  That the hours of operation for the Shopping Village shall not
             exceed 12:00 a.m.

        13.  That full compliance with the comments of the Urban Design
             Review Board as identified by their letter dated October 25,
             1989 shall be rendered.


             A copy of the Director's Report and Recommendations dated
        November 7, 1989 is enclosed for your reference.











        Mr. Henry Sheldon
        November 8, 1989
        Page 3




            Thank you for you cooperation. Should you have any questions,
        please contact Mr. Daren Suzuki of my staff.

                                          Very truly yours,




                                           CHRISTOP ER L. HART
                                           Planning Director
        DS:ms
        cc: LUCA
            T. Ishikawa
            A. Yoshimori
            D. Suzuki
                                                



                                                 








                           BEFORE THE MAUI PLANNING COMMISSION
                                      COUNTY OF AAUi
                                     STATE OF HAWAII




          In the matter- of petition of

             MR. HENRY SHELDON on behalf of        Docket No. 89/SM1-036
          HASEKO MANAGEMENT & INVESTMENT, INC.)    Mr. Henry Sheldon on oehalf
                                                   of Haseko Management &
          requesting a Special Management Area)    Investment, Inc.
          Use Permit to construct the proposed)
          9,bOO square foot honokowai Shopping)
          Village along with gasoline pumps at)
          TMK 4-4-1:14, Honokowai, Maui.



                                    DIRECTOR'S-REPORT

                                     November 7, 1989





















          Special Management Area Use Permit

                                                   Department of Planning
                                                   County of Maui
                                                   200 S. High street
                                                   Wailuku, Maui, HI 96793








                            Br"'FORE THE AAUI PLANNING COMAISS.-ION
                                       COUNTY OF MAUI
                                      STATE OF HAWAII




           in tne matter ot petition of

              MR. HENRY SHELDON on behalf of        Docket No. 89/SMI-036
           HASEXO MANAGEMENT & INVESTMENT, INC.     Mr. Henry Sheldon on behalf
                                                    of Haseko Management &
           requesting a Special Management Area)    Investment, Inc.
           Use Permit to construct the proposed)
           9,600 square foot Honokowai Shopping)
           Village along with gasoline pumps at)
           TAK 4-4-1:14, Honokowai, Maui.




                                     DIRECTOR'S REPORT


                                      Findings of Fact

           Procedural Matters


               The Special Management Area Use Permit application was received
           by the Planning Department on July 17, 1989.

               The application was deemed complete and ready for processing by
           the Department of Public Works per memo dated August 4, 1989.

           Site Information


               The project site is located on the mauka side of Lower
           Honoapiilani Road, across the Kaanapali Shores and Embassy Suites.
           It is bounded by the North and East by the Honokowai Flood Control
           channel and on the South by sugarcane fields. It consists of .@78'
           acres (38,245 sq. ft.) of land, and is approximat-ely 500 feet from
           the shoreline. (Exhibit A)

               The property is undeveloped and was recently as a site for a
           portable concrete batching facility for the construction ot the
           Emoassy Suites Hotel.

               The general area of the project slopes gently at about I to 2
           percent in the Northerly direction towards Honokowai Channel. The
           onsite elevations range from 14 feet to 19 feet mean sea level.
           The soil classification of the site is described as Pulehu Silt
           Loam by the USDA Soil Conservation Service.







                                            -2-









          Proposed ?roject

              The proposed retail commercial shopping village will contain
          9,600 square feet of business tloor space distributed in 3
          one-scor-i buildings approximately 35 feet in height. A gasoline
          pumping iacility will aiso be located on the Northerly portion of
          tne project site with appropriate vehicular movement lanes to avoid
          on-site traffic congestion.

              The principal access to the project will be located directlv
          across from the entry way to the EmIDassy Suites Hotel. A secondary
          driveway is proposed on the Nortnerly portion of the site for right
          turn exits only. The exit only access will serve to facilitate
          vehicular movement within the shopping village. (Exhibit B)

              The project design consits of cement plaster and heavy timber
          for the structure, and concrete tile for the roof. (Exhibit C)
          Xhe completed project will contain appropriate landscaping to
          provide a buffer from the highway and serve as a screen to the
          flood control channel and fencing, An architecturally defined
          entry was to the main shopping area consiting of flag poles,
          lanascape plantings and signs will provide a focal point for the
          project.
           1--7                                                             -
              The project will have 33 off-street parking stalls and two (2)
          loading zones. Appropriate improvements such as landscaping,
          roadway improvements drainage systems, sewer connections and water
          service will be constructed base on County requirements. All of
          the County infrastructural assessments will be fulfilled during the
          construction permitting stages for the project.

              The drainage report shows that there will be no adverse effects
          by storm runoff from the construction of the proposed project to
          the adjacent and downstream properties. Said report indicates that
          the on-site drainage would be collected and discharged into the
          recently contructed Honokowai Flood Control Channel. Also, the
          impact of any off-stie drainage will not be a concern due to the
          completion of the Flood Control project. (Exhibit D)

              The vehicular access to the project will be from Lower
          Honoapiilani Road. It presently has a 50 feet right-of-way with a
          average of 30 feet pavement. According to the Traffic Impact
          Analysis Report the proposed project will not. generate any adverse
          traffic impact at the project site and at the intersection of Lower
          Honokowai Road and Honoapiilani.Highway.










                                            -3-








          Land Use Designations

          1. State Land Use Designations -- Urban

          2.  Lahaina C ommunity Plan -- Business/Commercial

          3.  County Zoning -- B-2 Business Zone

          4.  The entire project site is located within the Special
              Management Area.

          Agency Reivew

              The subject Special Management Area Use Permit application has
          been forwarded to the following agencies for their review and
          comment:


          1.  Department of Public Works -- memo dated October 6, 1989
              (Exhibit E)

          2.  Department of Transportation -- letter dated September 27,1989
              (Exhibit F)

          3.  Department of the Army -- letter dated September 27, 1989
              (Exhibit G)

          4.  Department of Water Supply -- letter dated September 15, 1989
              (Exhinit H)

          5.  Department of Health -- letter dated September 18, 1989
              (Exhibit I)

          6.  Department of Interior -- letter dated September 12, 1989
              (Exhibit J)


          Development Assessment

              Pursuant to Section 2-9.4 Significant Criteria of the Special
          Management Area Rules and Regulations of the County of Maui.

          1.  Involves an irrevocable commitment to loss or destruction of
              any natural or cultural resources.

                   The proposed project site does not contain any natural or
              cultural resources as determined by serveral on-site surveys.
              Therefore, the project will not be a commitment causing a loss
              or destruction of any natural or cultural resources.









                                             -4-









              Signiticantly curtails tne range of oeneff-".cal uses of the
              environment.


                   Because tne project site has been designated in the
              Lahaina Community Plan as 'Business" and zoned as B-2 Business
              District by the County, and because tne Surrounding area has
              been developed with hotels, condominiums, and business uses,
              the beneficial uses of the area has been pre-determined for
              business type land uses.  Accordingly, the proposed project
              Will be consistent with such determination.


         3.   Conflicts with the County or the State's long term
              environmental policies or goals.

                   The.State and County's environmental policies and goals,
              in part, call for protective measures and concerns to be
              directed toward the preservation of natural and cultural
              resources including the protection of the shoreline resources.
              r2he proposed project does not conflict with said policies and
              goals inasmuch as there are no known natural and cultural
              resources on the project site and the site is located
              considerably inland of the shoreline.

         4.   Substantially affects the economic or social welfare and
              activities of the community, County, or State.

                   The proposed project will have a positive contributory
              impact on the economy, especially during construction of the
              pro3ect through the employment of construction workers.     The
              proposed project should not have any significant adverse    impact
              on the social welfare of the community since the project    is
              relatively small, containing a maximum of 9,600 sq. ft. of
              floor space, and will not cause any undue burden on public
              services.


         5.   Involves substantial secondary impacts, Such as population
              changes and increased effect on public facilities, streets,
              drainage, sewage, and water systems and p@destrian walkways.

                   With the fulfillment of all of the governmental
              requirements for public facility services such as water
              assessments, drainage improvements, etc., the proposed project
              should not involve any substantial secondary impact on public
              services.


         6.   In itself has no significant adverse effect but cumulatively
              has considerable effect uponthe environment or involve a
              commitment for larger action.

                   Inasmuch as the proposed project site is located in an
              area presently developed with high-rise condominiums, hotels
              and business uses, the proposed project should not add or have
              any significant effect upon the environment or involve a
              commitment for larger action.

                                            -5-









         7.   Sun-stantially aftects a rare, 'threatened, a., endangered species
              ot animal or plant, or its haoitat.

                   Several on-site surveys indicated that the project site
              has oeen graded and contains serveral larce trees. No known
              rare or threatened species of plants or animals were observed.
              Accordingly, the project will not have any impact on rare or
              threatened plant or animal life.

         8.   Substantially and adversely affects air or water quality and
              ambient noise levels.

                   During construction, it is anticipated that there will be
              an impact on air quality and ambient noise levels because of
              the use of construction equipment and dust caused by
              construction activity. These impacts will be mitigated through
              strict adherence to all State and County regulations pertaining
              to construction activities. The quality of off-shore waters
              should not be impacted due to the inland location of the
              pro3ect and due to the requirements for drainage control.

         9.   Substantially affects an environmental sensitive area, such as
              flood plain, shoreline, tsunami zone, erosion-prone area,
              geologically hazardous land, estuary, fresh water or coastal
              waters.


                   The project and its location, along with the completion of
              the Honokowai Flood Control Channel, are such that the
              environmentally sensitive areas should not. be substantially
              affected. For example, the project site is no longer in the
              flood area as defined by the Flood Insurance Rate Maps due to
              the new flood control channel. The shoreline should not be
              affected due to the inland location of the site and there are
              no estuary or erosion-prone areas.

         10.  Substantially alters natural land forms and existing public
              views to and along the shoreline.

                   The proposed project will not affect the view to the
              shoreline due to the preemption of the view to the shoreline oy
              the existing high-rise development on the makai side 6f the
              project site.

         Analysis

              Relative to Part II, Section 2-8.3.b of the Special Management
         Area Rules and Regulations of the County of Maui:

              a.   Sensitive areas will not be altered or impacted since
                   environmental or ecological effects are not anticipated,
                   as the proposed project is consistent. with the current and
                   future developments in the area; and does not border the
                   shoreline.



                                            -6-








             b.   The proposed project is consistent with Part II Section
                  2-8.1 and 2, Special Management Area. objectives, policies
                  and guidelines.

             C.   The proposed project is consistent with the State Land use
                  District, County Land Zoning, Lahaina Community Plan and
                  other applicable ordinances.

         Conclusion

             'The proposed project is consistent with Part II, Section
         2-8.3.b of the Special Management Area Rules and Regulations of the
         County of Maui and is not anticipated to create and environmental
         or ecological effects.

         Dated this 7th day of November, 1989, Wailuku, Maui. Hawaii.





                                               STOPHEI L. HART
                                           Planning D rector

































                                          -7-










                                                     County of Maui
                                                  Hawaii czm Program
                                                      FY 1989-1990
                               Narrative Report: October 1, 1989 - December 31, 1989


                       1. Support and participate in monitoring programs.

                           The Planning Department continued to be a resource to DBED'
                       monitoring programs by providing appropriate information and
                       assistance for the quarter.
   f
                       2. support and participate in CZM related programs.

                           The County of Maui's CZM staff, the Planning Department and the
                       Department of Public Works continued to support and participate in
                       Czi4 related programs.

                       3. Administer SMA development activities.

                           In order to fulfill the objectives and policies of the Hawaii
                       CzM program, the County of Maui's CZM staff and the Planning
                       Department continued to provide the services necessary to
                       administer all developments and activities within the Special
                       Management Area. During the quarter, the following number of
                       permits were processed:

                                                 No. of      No. of    No. of    Average Length
                                                Permits     Permits    Permits       of time
                         Type of Permit         Received    Approved   Denied       for Review

                       SMA major                    13          11         0         90 days
                       SMA Minor                    58          57         1         15 days
                       SMA Emergency                 0          0          0           0days
                       SMA Amendments                1          1          0         60 days
                       SMA Extensions                4          4          0         60 days
                       SMA Transfer                  2          2          0         60 days
                       Shoreline Setback Variance:
                        a) SSV requiring SMA         1          1          0         60 days
                        b) SSV not requiring SMA     0          0          0           0days

                           Attached please find a    listing of the eleven  (11) approved
                       Special Management Area Permits and the Director's Reports and
                       approval letters pertaining to each project. These documents
                       incorporate the tollowing:

                           a.   Background information on the affected property and
                                surrounding properties.

                           b.   Description of the project.

                           c..  Assessment of the environmental impacts.

                           d.   The project's consistency with the Special Management Area
                                objectives and policies.

                           e.   The projects consistency with the County General Plan,
                                Zoning and other applicable ordinances.

                           f.   Letters of support or opposition from the public with
                                regard to significant issues of the project.

                           g.   Conditions of approval.






                                                            3










                      4. Facilitate and support public participation.

                           The Planning Department continued to facilitate and support
                      public participation by consistantly emphasizing the role of public
                      input in the Special Management Area Permit decision making process
                      and other development activities.

                      5.   Attend CZM meetings.

                           As necessary, CZM and other related meetings were attended by
                      the  CZM and Planning Staff.

                      6.   Coordinate, facilitate and streamline review process.

                           In its capacity as the Central Coordinating Agency (CCA), the
                      Department of Public Works has continued to administer and
                      coordinate the development of the application process in relation
                      to the requirements of the CZM program.

                           During the past quarter, sixteen (16) Special management Area
                      Permit Applications were reviewed by the CCA to ensure that all the
                      required information for processing was submitted. (See attached
                      SMA application listing)

                      7. Enforce compliance with CZM laws and permit conditions.

                           Field inspections have been conducted by the Public       Works staff
                      to monitor compliance with SMA permit conditions, rules        and
                      regulations. During the quarter, eleven (11) citations         were
                      issued, lViolations attached)


                      APPLICANT        TMK:         DESCRIPTION                      ACTION TAKEN
                                                                                     OF VIOLATION

                      Charles          4-9-03:10    Erected Bar/Refreshment          Legal action
                      Foreman                       Refreshment Stand                to be taken
                                                    w/o SMA Permit

                      Charles          4-9-03:10    Erected Two Tents                Legal action
                      Foreman                       w/o SMA Permit                   to be taken

                      Charles          4-9-03:10    Erected Lifeguard                Legal action
                      Foreman                       Stand/Water Related              to be taken
                                                    Equipment Rack w/o
                                                    SMA Permit

                      Charles          4-9-03:10    Erected Sign                     Legal action
                      Foreman                       Stand/Water Related              to be taken
                                                    w/o SMA Permit

                      Charles          4-9-03:10    Condition #1 of 5/15/85          Legal action
                      Foreman                       SMA Permit No Identifi-          to be tak4n
                                                    cation Signage

                      Charles          4-9-03:10    Condition #3 of 5/15/85          Legal action
                      Foreman                       SMA Permit Building              to be taken
                                                    within Shoreline Setback
                                                    area

                      Tom Corbin       4-6-08:04    Erected Activities Booth         Legal action
                      President                     and Sign w1o SMA Permit          to be taken
                      Maui Venture
                      Capital Co.






                                                            4










                       Tsukie N.       4-6-08:04    Erected Activities Booth       Legal  action
                       Fushikoshi                   and Sign w/o SMA Permit        to be  taken

                       Hana Day        1-4-04:29    Erected  2-story structure     Legal  action
                       Care Center                  w/o SMA  Permit                to be  taken

                       Ernest Mendes   3-1-01:19    Erected  Roadside Stand        Legal  action
                                                    w/o SMA  Permit                to be  taken

                       Richard A. &    2-6-02:03    Erected  Bath Structure        Legal  action
                       Lynn Rasmussen               w/o SMA  Permit                to be  taken


                       8. Facilitate   and assist  the coordinating of reviews.

                           For the quarter ending December 31, 1989, seventeen (17) SMA
                       Major Permits, and four (4) SMA Minor Permit applications, and one
                       (1) SAA amendment application were received by the Public Works
                       Department for review and comment.

                       9. Staffing.

                           Maui County's CZM Program experienced staffing changes during
                       this quarter. Two (2) CZK coordinator positions became vacant and
                       are expected to be filled shortly.










































                                                           5








                                          Department of Public Works
                              special Management Area Permit Application Listing
                             for the period: October 1, 1989 - December 31, 1989
                         The following Special Management Area Applications were
                    received by the Land Use and Codes Administration for review to
                    ascertain that all required information for processing has been
                    submitted:

                     1.  MR. B. MARTIN LUNA on behalf of Keo Kai Development,
                         TMK: 3-9-04:portion of 134 -- The application was received on
                         October 9, 1989, for the proposed Keonekai Villages at Kihei,
                         Maui and held in abeyance to the absence of a letter of
                         authorization. It was received and thereafter transmitted to
                         tne Planning Department on October 17, 1989.

                     2.  MR. ALVIN FUKUNAGA, Director of Public Works, County of Maui,
                         TMK: 3-1-02:2; 3-1-04:126; 3-1-04:6 -- The application was
                         received on October 16, 1989, for the proposed Kahakuloa
                         Drainage System at Kahakuloa, Maui, and thereafter transmitted
                         to the Planning Department on October 20, 1989.

                     3.  MR. DAN T. KOCHI, Deputy Director of Harbors, State of Hawaii,
                         Department of Transportation, TMK: 3-6-01:2 -- The application
                         was received on October 13, 1989, for the proposed Maalaea Boat
                         Harbor Improvements at Maalaea, Maui, and held in abeyance to
                         the absence of signature on application and map defining the
                         50U-feet notification boundary. It was received and thereafter
                         transmitted to the Planning Department on November 22, 1989.

                     4.  MR. JAMES E. PAVISHA, Project Director, The Ritz-Carlton Hotel
                         Co., TMK: 4-2-01:4, 5, 13, 14, 34, Portion of 12 & 18 -- The
                         application was received on October 16, 1989, for the proposed
                         Ritz-Carlton Kapalua Hotel at Kapalua, Maui and held in
                         abeyance to the absence of letter of authorization, preliminary
                         drainage report, preliminary plans, plot plan, landscape,
                         irrigation and lighting plans. It was received and thereafter
                         transmitted to the Planning Department on November 16, 1989.

                     5.  MR. HERBERT K. YIM, President/CEO, Molokai General Hospital,
                         T14K: 5-3-09:17 -- The application was received on October 31,
                         1989, for the proposed Physicians Office Building at
                         Kaunakakai, Molokai and held in abeyance to the absence of
                         signature on application, environmental assessment, correct
                         list of owners within the notification boundaryf and map
                         defining the 500-feet notification boundary. It was received
                         and thereafter transmitted to the Planning Department on
                         December 18, 1989.

                     6.  MR. PAUL R. MANCINI on behalf of Dujardin Development Co.,
                         TMK: 3-9-04:132 -- The application was received on November 1,
                         1989, for the proposed Kihei View Apartments at Kihei, Maui and
                         held in abeyance to the absence of letter of authorization. It
                         was received and thereafter transmitted to the Planning
                         Department on November 16, 1989.

                     7.  MR. ROBERT HARTMAN on behalf of McDonald's of Hawaii
                         Development Co., TMK: 3-9-05:17 -- The application was received
                         on November 7, 1989, for the proposed McDonald's Restaurant and
                         Menehune Golf Course at Kihei, Maui and held in abeyance to the
                         absence of landscape lighting and graphics plan and additional
                         set of submittals. It was received and thereafter transmitted
                         to the Planning Department on December 18, 1989.

                     8.  MR. B. MARTIN LUNA on behalf of Rose Royce, Dorvin Lewis, and
                         Kihei Plaza, TMK: 3-9-20:10, 14, & 29 -- The application was
                         received on November 13, 1989, for the proposed Rainbow office
                         Plaza and Rainbow Villas at Xihei, Maui and thereafter
                         Lransmitted to the Planning Department on November 16, 1989.

                                                       -6-











                                                       tects Hawaii Ltd. on behalf of
                        MR. STANLEY T. YASUMOTO, Archi
                        Maui Marriott, TMK: 4-4-06:29 -- The application was received
                        on November 13, 1989, for the proposed renovations at Maui
                        Marriott Hotel, Kaanapali, Maui, and held in abeyance to the
                        absence of certified shoreline map. It was received and
                        thereafter transmitted to the Planning Department on
                        December 1, 1989.

                    iQ. MR. ALVIN FUKUNAGA, Public Works Director, County of Maui,
                        TMK: 4-3-06:16, 31, 41, 51, 43, 64, & 70 -- The application was
                        received on November 13, 1989, for the proposed Honolua
                        Watershed and Mahinahina Channel/Desilting Basin at Honolua,
                        Maui, and held in abeyance to the absence of a current
                        certified shoreline map, drainage report, and construction
                        plans.

                    11. MR. UWE SCHULZ, on behalf of Holy Innocents Episcopal Church,
                        TMK: 4-6-08:42 -- The application was received on November 14,
                        1989, for the proposed Columbarium at Lahaina, Maui and
                        thereafter transmitted to the Planning Department on
                        November 24, 1989.

                    12. MR. JOSEPH HARTLEY, Executive Vice-President, Maui Land
                        Pineapple Co., TMK: 3-8-52:9 -- The application was received on
                        November 15, 1989, for the proposed Employee Housing at
                        Kahului, Maui and held in abeyance to the absence of the second
                        story floor plan and landscape lighting and irrigation plans.
                        It was received and thereafter transmitted to the Planning
                        Department on December 14, 1989.

                    13. MR. RUSSEL L. BURNS, Vice President, Baldwin Pacific
                        Properties, Inc., TMK: 2-2-02:42 -- The application was
                        received on November 15, 1989, for the proposed Piilani
                        Multi-Family Project at Kihei, Maui and held in abeyance to the
                        absence of color rendering.

                    14. MR. WILLIAM S. HOGARTY, Senior Vice President, Wooley/Sweeney
                        Hotel #12, TMK: 3-9-20:9 -- The application was received on
                        November 28, 1989, for the proposed Kihei Regency Apartment at
                        Kihei, Maui and held in abeyance to the absence of notarized
                        letter of authorization, signature on notification notice,
                        landscape irrigation and lighting plans, and colored
                        rendering. It was received and thereafter transmitted to the
                        Planning Department on December 15, 1989.

                    15. MR. WILLIAM MCKEON on behalf of John Corboy, M.D.,
                        TMK: 5-3-01:82 -- The application was received on November 17,
                        1989, for the proposed Eye Clinic at Kaunakakai, Molokai and
                        held in abeyance to the absence of environmental assessment and
                        public hearing notification form.

                    16. MR. ORMOND L. KELLEY on behalf of Jim Slemons Enterprises Inc.
                        TMK: 3-7-11:02 -- The application was received on December 26,
                        1989 for the proposed Vovlo Sales and Services Facilities at
                        Kahului, Maui and held in abeyance to the absence of
                        environmental assessment and landscape lighting and irrigation
                        plans.











                                            Department of Planning
                                 Special Management Area (SMA) Major Permits,
                                   Extensions, Amendments and Transfers and
                                          Shoreline Setback Variances
                           Processed and Acted on by the Maui Planning Commission:
                                     October 1, 1989 to December 31, 1989

                     1.  MR. HIDEKI HAYASHI, Vice President' TSA International, Ltd.,
                         requesting Special management Area Use Permit to construct 200
                         multi-family residential units in four 2-story building
                         clusters with an office-laundry building, swimming pool,
                         children's play area and other related improvements at the
                         proposed Kiawe Terrace Project, Kihei, Maui, TMK: 3-9-01:11.
                         Granted approval on October 10, 1989

                      2. MR. HANS RIECKE on behalf of Moon & Hart, requesting a Special
                         Management Area Use Permit time extension and a change in
                         permit holder for a proposed 18-unit apartment project located
                         at Kihei, Maui, TMK: 3-9-16:02. Granted approval on
                         October 10, 1989.

                      3. MR. LEE OHIGASHI on behalf of Finance holdings, Ltd.,
                         requesting a transfer of permit holder from James and Linda
                         Markum to Finance Holdings, Ltd. for the approved Special
                         Management Area Use Permit for the proposed 18-unit apartment
                         building at Lahaina, Maui, TMK: 4-5-07:04. Granted approval on
                         October 10, 1989.

                      4. MR. HOWARD NAKAMURA, Acting General manager, Wailea Resort
                         Company, Ltd., requesting a Special Management Area Permit and
                         Step I Planned Development approval for the proposed 24-lot
                         Wailea SF-10 residential subdivision at TMK: 2-1-08:portion of
                         42, Wailea, Maui. Granted approval October 24, 1989.

                      5. MR. B. MARTIN LUNA on behalf of the County of Maui and the Maui
                         Community Arts and Cultural Center requesting a Special
                         Management Area Use Permit to construct a cultural and arts
                         center at the Maui Central Park, Wailuku, Maui,
                         TMK: 3-8-07:portion I and 3-7-01:portion 2. Granted approval
                         on October 24, 1989.

                      6. MR. MARK HENDERSON IVES requesting an amendment to the Special
                         Management Area Use Permit for the construction of a 60-unit
                         condominium complex and accessory building to include ten
                         employee housing units at TMK: 4-3-10:32, Kahana, Maui.
                         Granted approval October 24, 1989.

                      7. MR. DAVID P. LEWIS requesting Special management Area Use
                         Permit for the proposed 38 single family residential lot
                         Keonekai Estates Subdivision at Kihei, Maui, TMK: 3-9-14:02 and
                         03. Granted approval November 7, 1989.

                      8. MR. HENRY SHELDON on behalf of Haseko management and
                         Investment, Inc., requesting a Special Management Area Use
                         Permit to construct the proposed 9,600 square feet Honokowai
                         Shopping Village consisting of a convenience store with gas
                         pumps, take-out food restaurants, shops, parking, landscaping
                         and other related improvements at Honokowai, Maui,
                         TMK: 4-4-01:14. Granted approval on November 7, 1989.










                                                       8










                      9. MR. ERIC MAEHARA on behalf of Seibu Hawaii, Inc. requesting a
                        Special Management Area Use Permit for the expansion of the
                        makena Golf Course to include a 18-hole golf course, cart
                        storage structure, parking and other related improvements at
                        Makena, Maui, TMK: 2-1-05:108 and 2-1-08:90. Granted approval
                        on November 21, 1989.

                    10. MR. HEDEKI HAYASHI, Vice-president, TSA International, Ltd.,
                        requesting a Special Management Area Use Permit and Step I
                        Planned Development approval for the proposed Lali Honua Villas
                        pro]ect at Wailea, Maui, TMK: 2-1-08:59 and 91. Granted
                        approval on November 21, 1989.

                    11. MR. B. MARTIN LUNA on behalf of Horita-Maui, Inc., requesting a
                        Shoreline Setback variance to construct improvements to the
                        Kenolio Drainageway as part of the Kaonoulu Estates Project at
                        Kihei, Maui, TMK: 3-9-01:15. Granted approval on November 21,
                        1989.

                    12. MR. B. 14ARTIN LUNA on behalf of Horita-Maui Inc., requesting a
                        special Management Area Use Permit for the Kao No Ulu Estates
                        Project consisting of 220 single-family houselots; a 220-unit
                        apartment complex within 29 buildings; drainage improvements to
                        the Kulanihakoi and Kenolio Drainageways; and other related
                        improvements at the proposed Kao No Ulu Estates Project at
                        Kihei, r4aui, TMK: 3-9-01:15, 48 and portion of 149. Granted
                        approval on November 21, 1989.

                    13. MR. PUNDY YOKOUCHI requesting a time extension of a Special
                        Management Area Use Permit for the Hawaiian Sea Village project
                        at TMK: 4-4-06:45, 46 and portion of 32. Granted approval on
                        November 21, 1989.

                    14. MR. JAMES NIESS on behalf of Landmark Development Company,
                        Inc., requesting a Special management Area Use Permit for the
                        proposed nine (9) unit, two story Kanoe Palms apartment
                        building at Kihei, Maui, TMK: 3-9-17:16. Granted approval on
                        December 5, 1989.

                    15. MR. WARREN UNEMORI on behalf of Kenolio Place Partners
                        requesting a Special Management Area Use Permit for a proposed
                        16-lot residential subdivision along Kenolio! Road, Kihei, Maui,
                        TmK: 3-9-28:03. Granted approval on December 5, 1989.

                    16. MR. B. MARTIN LUNA, on behalf of Stouffer Wailea Beach Resort,
                        requesting a transfer of permit holder of an approved Special
                        Management Area Use Permit and Shoreline Setback Variance to
                        Wailea Seaside Company, Ltd., and approval of modifications to
                        the architectural plans, TMK: 2-1-08:67, Wailea, Maui. Granted
                        approval on December 5, 1989.

                    17. MR. CHARLIE NALEPA on behalf of West Maui Taxpayer Association',
                        requesting a Special Management Area Use Permit for the
                        proposed Napili Fire Station and related improvements at
                        Alaeloa, Lahaina, Maui, TMK: 4-3-03:110. Granted approval on
                        December 19, 1989.

                    18. MR. WARREN SUNNLAND requesting a Special Management Area Use
                        Permit time extension for the Longs Retail Business Center,
                        TMK: 3-9-02:30 and 109. Granted approval on Decemger 19, 1989.

                    19. MR. B. MARTIN LUNA requesting a Special Management Area Use
                        Permit time extension for the Grand Champions Beach Resort
                        Pro3ect, TMK: 2-1-08:62, Wailea, Maui. Granted approval on
                        uecemuer 19, 1989.



                                                     -9-


FILE NO. SUA/LDW 89.3

Date 4 OCTOBER 1989

LAND USE AND CODES ADMINISTRATION

COUNTY OF MAUI

NOTICE OF VIOLATION

TO: Owner Charles Foreman
Mailing Address  355 HUKILIKR ST, KAHULUI, HI 98732

TO:  Contr./Lessee/Tenant
Mailing Address

RE:  CONSTRUCTION OF BAR/REFRESHMENT STAND W/O A MINOR 
ADDRESS HOU PALLOA LANDING, KAUHAI, LANAI
TAX MAP KEY 4-9-03:10
PERMIT NO.  NONE

  Building
  Building

Type  Constr.
Addition

Stories
ALteration

Repairing
Remodel

Demolition
Moving

Reconstruction
Misc. Structure


Dimension

Dimensations
Foundation

Floor Area  Sq. Ft.
Floor
Roof
Roof Overhang

Ceiling
Basement Floor

I have inspected the above described structure and/or premises and have found the following violations of the County of Maui's codes and/or ordinances governing same:

Codes and/or Ordinance(s) and Section(s)

MIAMI COUNTY COOK


Violation(s)
"Development" means any of the uses,
activities or operations in land w/in the
SMD ... to include the placement or
erection of any solid material (B/R stud)
or ... w/o first obtaining a minor
SMD permit (Definition 24).


You are requested to:
	Stop Work!  Apply for permit for the work performed as required by law, by           19   Submit   copies of Building Plans and Plot Plans of project, when applying for a permit.

x	Stop-Work!  Please contact CARL W      by 10/16 1989 before doing
any more work.

	Remove all unauthorized work by           19     .  Please call the undresigned after removal is completed.

	Start making corrections immediately and complete all work by 
              19    .  Please call the undersigned after corrections have been made.


PLEASE BE ADVISED THAT IF NO ACTION IS TAKEN, THIS MATTER WILL BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR APPROPRIATE ACTION.


Inspector:		
Ph. 244-0760
FOR DIRECTOR OF PUBLIC WORKS



 



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                                                     AGENDA
                                             FOR THE MEETING OF THE
                                      BOARD OF LAND AND NATURAL RESO     0Fs APR 2 3
                                                                          I
                                           DATE:    APRIL 27, 1990       OFFICE OF STATE PLANNING
                                           TIME:    9:00 A.M.
                                           PLACE:   BOARD ROOM, ROOM 132
                                                    KALANIMOKU. BUILDING
                                                    1151 PUNCHBOWL STREET
                                                    HONOLULU, HAWAII

                  B.   DIVISION OF AQUATIC RESOURCES

                       1.  REQUEST FOR APPROVAL TO AMEND/EXTEND AGREEMENTS WITH THE
                           RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII (RCUH) AND THE
                           UNIVERSITY OF HAWAII (UH) DURING FY 1990-1991

                  C.   DIVISION OF FORESTRY AND WILDLIFE

                       1.  REQUEST TO ENTER INTO AN AGREEMENT FOR SUPPLEMENT NO. 2 OF THE
                           MASTER COOPERATIVE AGREEMENT WITH THE NATURE CONSERVANCY

                  D.   DIVISION OF WATER AND LAND DEVELOPMENT

                       1.  APPROVAL FOR AWARD OF CONTRACT - JOB NO. 3-9W-H, KUALAPUU
                           RESERVOIR IMPROVEMENTS, MOLOKAI

                  E.   DIVISION OF STATE PARKS

                       I . OUT OF STATE TRAVEL REQUEST TO ATTEND THE THIRD INTERNATIONAL
                           CONFERENCE ON GROUND PENETRATING RADAR


                       2.  APPROVAL TO HIRE A CONSULTANT TO PROVIDE ASSISTANCE IN AUTOMATING
                           THE STATE PARKS DIVISION-WIDE OFFICE INFORMATION SYSTEM

                       3.  PERMISSION TO NEGOTIATE WITH THE FRIENDS OF IOLANI PALACE, INC., AND
                           EXECUTE DOCUMENT FOR A MANAGEMENT CONTRACT FOR IOLANI PALACE,
                           BARRACKS, CORONATION PAVILION AND OLD ARCHIVES (KANAINA) BUILDING,
                           HONOLULU,OAHU

                  F.   DIVISION OF LAND MANAGEMENT


                       1.  TRANSNHTTAL OF- DOCUMENTS FOR BOARD CONSIDERATION:

                           (a) ASSIGNMENT OF GENERAL LEASE NO. S-4027, COMMUNICATIONS
                               SATELLITE CORPORATION (COMSAT), ASSIGNOR, TO MOTOROLA
                               COMMUNICATION INTERNATIONAL, INC., ASSIGNEE, MOUNT KAALA,
                               MOKULETA, WAIALUA, OAHU, TMK 6-7-03:21

                           (b) ASSIGNMENT OF GENERAL LEASE NO. S-5082, GERALD L. POTTORF AND
                               MARION TO. KUNIKIYO, ASSIGNORS, TO WARD HOLMES, ASSIGNEE, LOT 53,
                               PUU KA PELE PARK LOTS, WAIMEA (KONA), KAUAI

                           (c) MEMORANDUM OF AGREEMENT WITH U.S. DEPARTMENT OF NAVY FOR
                               SAFETY ZONE AREA AT BARKING SANDS, KEKAHA, WAIMEA (KONA),
                               KAUAI

                           (d) SUBLEASE BETIArEEN TOKAIRLkYON CO., LTD., SUBLESSOR, AND DR.
                               WAYNE MATSUYAMA, ET AL. PENDLETON TAX SERVICE, AND BANK OF
                               HAWAII, SUBLESSEES, WESTRIDGE SHOPPING CENTER, KALAUAO, EWA,
                               OAHU, TMK 9-8-13:14

                           (e) CANCELLATION OF REVOCABLE PERMIT NO. S-6244 TO ERNEST K.
                               NAPUUNOA AND ISSUANCE OF REVOCABLE PERMIT TO ROSABELLA
                               LUKELA RAMOS COVERING GOVERNMENT LAND OF KAHAKULOA VALLEY,
                               KAHAKULOA, WAILUKU, MAUI, TMK 3-1-04:POR. 49












                                                         -2-

                            (n ASSIGNMENT OF GENERAL LEASE NO. S-4459, LAWRENCE BALBERDE, JR.,
                                ASSIGNOR, TO PAUL JEROME BALBERDE, ASSIGNEE, LOT 21, PANAEWA
                                 FARM LOTS, 2ND SERIES, WAIAKEA, SO. HILO, HAWAII, TMK 2-2-56:18

                        2.  SET ASIDE OF STATE LAND UNDER CONTROL AND MANAGEMENT OF THE
                            DEPARTMENT OF HEALTH FOR THE NEW HONOKAA HOSPITAL SITE, NAMOKU
                            AND HAINA, HAMAKUA, HAWAII, TMK 4-5-10:91

                        3.  REQUEST FOR GRANT OF DRAINAGE EASEMENT AND CONSTRUCTION
                            RIGHT-OF-ENTRY AT KAANAPALI, LAHAINA, MAUI, TMK 4-4-06:SEAWARD OF 5

                        4.  AMENDMENT TO PRIOR BOARD ACTION CONCERNING CONSTRUCTION
                            RIGHT-OF-ENTRY TO COUNTY OF MAUI, DEPARTMENT OF WATER SUPPLY AT
                            HONOKOWAT, LAHAINA, MAUI, TMK 4-4-02:18

                        5.  CITY AND COUNTY OF HONOLULU REQUESTS PERPETUAL, NON-EXCLUS[VE
                            EASEMENT FOR WALL PURPOSES, MOANALUA ROAD, PALI MOMI STREET TO
                            AIEA INTERCHANGE, FAUS PROJECT NO. M-7200(l), AIEA, HAWAII, TMK
                            9-9-38:62

                        6.  DEPARTMENT OF TRANSPORTATION REQUESTS AUTHORIZATION TO DISPOSE
                            OF SURPLUS HIGHWAY REMNANT, KALIHI, HONOLULU, OAHU

                        7.  HONOLULU GAS COMPANY REQUESTS CANCELLATION OF GENERAL LEASE NO.
                            S-3702, WAHIAWA, OAHU

                        8.  SET ASIDE OF STATE LAND AT MOANALUA, OAHU FOR DEPARTMENT OF LAND
                            AND NATURAL RESOURCES, DIVISION OF LAND MANAGEMENT STORAGE AREA
                            AND MAINTENANCE YEAR
                        9.  DEPARTMENT OF ACCOUNTING AND GENERAL SERVIC E*S REQUESTS SET ASIDE
                            OF LAND FOR ADDITION TO THE STATE CAPITOL (TERRITORIAL OFFICF.S/E.O.
                            1600), HONOLULU, OAHU

                        10. DEPARTMENT OF BUDGET AND FINANCE REQUESTS AMENDMENT TO
                            DEPARTMENT OF THE ARMY SUBLEASE FOR MAUNA KAPU COMMUNICATION
                            STATION SITE, CONTRACT NO. DACA 84-3-88-24, MAKAKILO, OAHU

                        11. AMENDMENT OF REVOCABLE PERMIT NO. S-6460 TO WAIANAE VALLEY RANCH
                            COMPANY, WAIANAE, OAHU, TMK 8-5-06:11

                        12. REQUEST TO AMEND QUITCLAIM DEED CONVEYING LAND FROM GSA TO STATE
                            OF HAWAII, GSA CONTROL NO. 9-N-HI-465 A (LAND OFFICE DEED S-27660), TMK
                            1-1-10:4, MOANALUA, HONOLULU, OAHU

                        13. CONVEYANCE OF PROPERTIES BETWEEN THE STATE OF HAWAII AND THE CITY
                            AND COUNTY OF HONOLULU, HONOLULU, OAHU

                        14. AMENDMENT TO GENERAL LEASE NO. S-3747 TO THE U.S. DEPARTMENT OF THE
                            AIR FORCE IN CONNECTION WITH ITS JOINT USE WITH THE FEDERAL AVIATION
                            ADMINISTRATION AND THE HAWAII AIR NATIONAL GUARD FOR THE MOUNT'
                            KAALA LONG RANGE RADAR FACILITY AT MOUNT KAALA, OAHU

                        15. KAUAI RACING ASSOCIATION REQUESTS RIGHTS-OF-ENTRY TO UTILIZE KAUAI
                            RACEWAY PARK, MANA, KAUAI (TO BE DISTRIBUTED)

                   H.   ADMINISTRATION

                        1.  APPROVAL FOR STAFFTO ATTEND INTERNATIONAL CONFERENCE

                        2.  REQUEST FOR APPROVAL TO ENTER INTO A RESEARCH CONTRACT WITH THE
                            UNIVERSITY OF HAWAII

                        3.  PERMISSION FOR A COST EXTENSION CONTRACT TO CARRY OUT
                            AQUACULTURE MARKET RESEARCH AND DEVELOPMENT


                                                         -2-











                                                        -3-

                        4.  MASTER PLAN SUBMITTAL FOR ELEMENTS OF WAIMEA FALLS PARK, OAHU;
                            APPLICANT: MR. CHARLES J. PIETSCH, ASSOCIATES FOUR

                        S.  CONSERVATION DISTRICT USE APPLICATION (CDUA) FOR COMMERCIAL TOUR
                            USE OF MANUKA STATE WAYSIDE, KAUMAHINA STATE WAYSIDE, AND
                            DIAMOND HEAD STATE MONUMENT; APPLICANT: RON IlEILLY, ISLAND
                            BICYCLE ADVENTURES

                        6.  CDUA FOR PROPERTY SUBDIVISION AND CONSOLIDATION, KAALAEA, OAHU;
                            APPLICANTS: THE FONG FAMILY AND THE MARGARET L. WATSON TRUST;
                            AGENT: MR. DAVID BILLS, GRAY, HONG, BILLS AND ASSOCIATES

                        7.  AFTER-THE-FACT CDUA FOR A RECREATIONAL CABIN, WAILAU, MOLOKAI;
                            APPLICANT: MR. DOUGLAS T. LEGRANDE

                        8.  CDUA FOR A NONCONFORMING SINGLE FAMILY RESIDENCE AT HAENA, KAUAI;
                            APPLICANT: RICHARD ANAWALT

                        9.  REQUEST TO EXTEND THE INITIATION DEADLINE OF CDUA OA-2161: ADDITION
                            TO A SINGLE FAMILY RESIDENCE; APPLICANT: JOHN RAPP

                        10. REQUEST FOR TIME EXTENSION CDUA FOR A CABLE SHIP TERMINAL AND
                            STORAGE FACILITY, SAND ISLAND, OAHU; APPLICANT: J.R. FULLERTON,
                            MANAGER; AMERICAN TELEPHONE AND TELEGRAPH CO. (AT&T)

                        11. REQUEST FOR A SECOND 90-DAY TIME EXTENSION OF A CDUA FOR THE
                            DEVELOPMENT OF A DOCK, LANDING AREA AND PROTECTIVE GROIN, AND FOR
                            THE DREDGING OF A CHANNEL, ETC., IN WAIULUA BAY, SOUTH KOHALA,
                            HAWAII; APPLICANT: HRW LIMITED PARTNERSHIP; AGENT: BELT COLLINS AND
                            ASSOCIATES

                        12. REQUEST FOR TIME EXTENSION ON THE CDUA FOR AN ADMINISTRATIVE RULE
                            AMENDMENT TO ESTABLISH A SPECIAL SUEZONE, SUBDIVISION AND
                            EDUCATIONAL USE PERTAINING TO THE DEVELOPMENT OF THE HONUA HAWAII
                            CULTURAL CENTER; APPLICANT: DIVISION OF LAND MANAGEMENT,
                            DEPARTMENT OF LAND AND NATURAL RESOURCES

                        13. REQUEST FOR A TWO-YEAR TIME EXTENSION OF AN APPROVED CDUA FOR A
                            SUB DIVISION/CONSOLIDATION, LANDSCAPING, AND RELATED IMPROVEMENTS
                            FOR THE WESTIN KAUAI HOTEL AT LIHUE, KAUAI, HAWAII; APPLICANT:
                            HEMMXTERIVMS KAUAI COMPANY 11

                        14. REQUEST FOR A TIME EXTENSION ON CDUP HA-2145 FOR A UTILITY AND
                            ACCESS EASEMENT AT PUAKO, SOUTH KOHALA, HAWAII; APPLICANT: MR.
                            RANDOLPH B. STOCKWELL

                        15. REQUEST FOR A TIME EXTENSION ON CDUP OA-1636 FOR A ROADWAY
                            EASEMENT AT KAHANA VALLEY, OAHU; APPLICANT: BOARD OF WATER
                            SUPPLY

                        16. TEMPORARY VARIANCE REQUEST TO CONDUCT ARCHAEOLOGICAL FIELD
                            RESEARCH AT NA PALI COAST STATE PARK, KAUAI; APPLICANT: DR. TERkY
                            L. HUNT

                        17. SAND ISLAND INDUSTRIAL PARK DEVELOPMENT AGREEMENT

                        DIVISION OF CONSERVATION AND RESOURCES ENFORCEMENT

                        1.  APPOINTMENT OF LICENSE AGENT: TOM CHRISTY DBA CAST AND CATCH,
                            ISLAND OF KAUAI

                        2.  FILLING OF POSITION NO. 2952, CONSERVATION AND RESOURCES
                            ENFORCEMENT OFFICER V, ISLAND OF KAUAI





                                                         -3-













                                                       -4-

                  1,  OTHER DEPARTMENTS

                      1.   LEASE - HONOLULU INTERNATIONAL AIRPORT, OAHU (UNITED STATES OF
                           AMERICA, FEDERAL AVIATION ADMINISTRATION

                      2.   APPLICATION FOR ISSUANCE OF REVOCABLE PERMITS 4646, ETC., AIRPORTS
                           DIVISION

                      3.   ISSUANCE OF LEASE BY DIRECT NEGOTIATION, FORT ARMSTRONG, HONOLULU
                           HARBOR, OAHU (AMERICAN PRESIDENT LINES, LTD.)

                      4.   ISSUANCE OF REVOCABLE PERMIT, HARBORS DIVISION, NATIONAL MARINE
                           FISHERIES BUILDING, KEWALO BASIN, OAHU (PARADISE CRUISE, LTD.)

                      5.   ISSUANCE OF REVOCABLE PERMIT, HARBORS DIVISION, HILO HARBOR, HAWAII
                           (SUISAN COMPANY, LTD.)

                      6.   ISSUANCE OF REVOCABLE PERMIT, HARBORS DIVISION, PIERS 13/14, HONOLULU
                           HARBOR, OAHU (OCEAN ICE, INC.)

                      7.   AMENDED: ISSUANCE OF REVOCABLE PERMIT, HARBORS DIVISION, HILO
                           HARBOR, HAWAII (UNITED STATES COAST GUARD)































                  0; LAND & NATURAL RESOURCES
                        P.O.Box 621
                   1@onolulu, Hawaii 96809


JOHN WAIHEE
GOVERNOR OF HAWAII

WILLIAM W. PATY, CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES

STATE OF HAWAII
DEPARTMENT OF LAND AND NAUTRAL RESOURCES
P.O. BOX 621
HONOLULU, HAWAII  96809


DEPUTIES

Keith W. AHue
MANABU TAGOMORI
RUSSELL N. FUKUMOTO

AGRICULTURE DEVELOPMENT 
PROGRAM
AQUATIC RESOURCES
CONSERVATION AND
ENVIRONMENTAL AFFAIRS
CONSERVATION AND
RESOURCES ENFORCEMENT
CONVEYANCES
FORESTRY AND WILDLIFE
LAND MANAGEMENT
STATE PARKS
WATER AND LAND DEVELOPMENT


FILE:	OA-9/26/89-2322
180-Day Exp. Date: 3/25/90
SUSPENSE DATE:  Three weeks
DOC.:  7210E


MEMORANDUM

TO:	The Honorable Harold S. Masumot, Director
Office of State Planning

FROM:	WILLIAM W. PATY, Chairperson
Board of Land and Natural Resources

SUBJECT:	REQUEST FOR COMMENTS
Conservation District Use Application

APPLICANT:	Mr. George L. Kekuna

FILE:	OA-9/26/89-2322

REQUEST:	Installing and operating a water level sensor system
in Kawainui Marsh

LOCATION:	Kawainui Marsh, Oahu

TMK:	4-2-16:  1

PUBLIC HEARING:	YES  X     NO

Your comments regarding the request will be greatly appreciated at
your earliest convenience.  Should you require additional infor-
amtion on the application, please contact Don Horiuchi of my staff,
at 548-7837.


WILLIAM W. PATY


Attachment





JOHN WAIHEE
GOVERNOR OF HAWAII


STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
P.O. BOX 621
HONOLULU, HAWAII  96809


WILLIAM W. PATY, CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES


DEPUTIES

Keith W. Ahue
MANABU TAGOMORI
RUSSELL N. FUKUMOTO

AQUACULTURE DEVELOPMENT
PROGRAM
AQUATIC RESOURCES
CONSERVATION AND
ENVIRONMENTAL AFFAIRS
CONSERVATION AND
RESOURCES ENFORCEMENT
CONVEYANCES
FORESTRY AND WILDLIFE
LAND MANAGEMENT
STATE PARKS
WATER AND LAND DEVELOPMENT


FILE NO.: OA-9/26/89-2322
180-Day Exp. Date:  3/25/90
DOCUMENT NO.:  7207E


Mr. George L. Kekuna
Deputy Director Designate
Civil Defense
City and County of Honolulu
650 South King Street
Honolulu, Hawaii 96813

Dear Mr. Kekuna:

NOTICE OF ACCEPTANCE AND ENVIRONMENTAL DETERMINATION
Conservation District Use Application


This acknowledges the receipt and acceptance for processing your
application to install and operate a water level sensor system in
Kawainui Marsh.

According to your information, you propose to install two remote
water level sensing devices at Kawainui Marsh. The primary gage
location will be immedidately adjacent to the level. The secondary
gage location will be at the U.S.G.S. stream station 2540 in
Kawainui Stream.    

After reviewing the application, we find that:

1.	The proposed use is a conditional use within the Protective
subzone of the Conservation District according to
Administrative Rules, Title 13, Chapter 2, as amended;

2.	A public hearing pursuant to Section 183-41, Hawaii Revised
Statutes (HRS), as amended, is required for this proposed
use, and;
                                                                                                                                                       
3.	In conformance with Title 11, Chapter 200, of the
Administrative Rules, a negative declaration was determined
for the proposed action.









          Mr. George L. Kelu,-,                  2 -                Doc. 7207E



          Since a public hearing is required, an additional $50.00 public
          hearing fee is required for your application. Please remit this
          fee to us as soon as possible.

          Also please be advised that it will be your responsibility to
          comply with the provisions of Section 205A-29(b), Hawaii Revised
          Statutes, relating to Interim Coastal Zone Management (SFe-cial
          Management Area) requirements.

          Negative action, as required by Law, on your application by the
          Board of Land and Natural Resources can be expected should you
          fail to obtain from the Country thirty (30) days prior to the
          180-day expiration date, as noted above, one of the following:

              1.  A determination that the proposed development is outside
                  the Special Management Area (SMA);

              2.  A determination that the proposed development is exempt
                  from the provisions of the county ordinance and/or
                  regulation specific to Section 205A-29(b), HRS; or

              3.  A Special Management Area (SMA) permit for the proposed
                  development.

          Pending action on your application by the Land Board in the near
          future, your cooperation and early response to the matters
          presented herein will be appreciated. Should there be any
          questions, feel free to contact our Office of Conservation and
          Environmental Affairs staff at 548-7837.

                                            V     tr ly  our





                                            WILLIAM     PATY


          Attachment


          cc:  U.S. Fish and Wildlife Service
               C&C Dept. of General Planning
               C&C Dept. of Land Utilization
               C&C Dept. of Parks and Recreation
               C&C Board of Water Supply
               DOE/OEQC/EC/OHA/OSP
                                              e7r tr ly
                                                          ) 9ur
                                               @AAM.(@
                                               LI


STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
P.O. BOX 621
HONOLULU,HAWAII  96809


DEPARTMENT MASTER APPLICATION FORM


FOR DLNR USE ONLY
Reviewed by
Date
Accepted by
Date
Docket/File No.
180-Day Exp.
EIS Required
PH Required
Board Approved
Disapproved
Well No.


(Print or Type)

I.	LANDOWNER/WATER SOURCE OWNER
(If State land, to be filled
in by Government Agency in
control of property)


Name	City and County of Honolulu

Address  650 So. King St.
Honolulu, Hawaii
96813

Telephone No. 523-4121

SIGNATURE	

Date  September 22, 1989


II.	APPLICANT (Water Use, omit if applicant
is landowner)

Name	Mr. George L. Kekuna
Oahu Civil Defense Agency

Address  650 So. King St.
Honolulu, Hawaii
96813

Telephone No.  523-4121

Interest in Property  Flood Hazard

Mitigation.  See Atch 1 For Evide
(Indicate interest in property; submit
written evidence of this interest)

*SIGNATURE

Date:  September 22, 1989

* If for a Corporation, Partnership,
Agency or ORganization, must be signed
by an authorized officer.


III.	TYPE OF PERMIT(S) APPLYING FOR

( )	A.  State Lands

(x)	B.  Conservation District Use

( )	C.  Withdraw Water From A Ground
Water Control Area

( )	D.  Supply Water From A Ground
Water Control Area

( )	E.  Well Drilling/Modification


IV.	WELL OR LAND PARCEL LOCATION REQUESTS

District  Windward

Island  Oahu

County  C&C of Honolulu

Tax Map Key 4-2-16:1

Area of Parcel  599.559 Acres
(Indicate in acres or
sq. ft.)

Term (if lease)  N/A


-1-











                                                                                                                                        IL
         JOHN WAINEE                                                                                                                      IAM W. PAry. CHAIRPERSON
                                                                                                                                        IL
     fIR4011 OF MAWAII                                                                                                                    9F LAND AND NATURAL AESOUACES
                                                                                                                                                 04PUTIES
                                                                                                                                        LiI
                                                                                                                                     [-"KEITH W      '. AHUE
                                                                                                                                          IMANASU   TAGOMORI
                                                                                                                                          9USSELL IN.FUKUMOTO
                                                                                                    0:-*-`fCE:DF STIATc p
                                                                       STATE        OF     HAWAII---                                    A011ACULTURE DEVELOPMENT
                                                                                                                                          @PROGRAM
                                                  DEPARTMENT OF LAND                AND    NATURAL RESOURCES                            AOUATIC RESOURCES
                                                                                                                                        CONSERVAT ON AND
                                                                                P. 0. BOX  621                                            FNVIRONMENTAL AFFAIRS
                                                                                                              @5 1)                     CONSERVATION AND
                                                                           HONOLULU. HAWAII 96809                                         RESOURCES EHr-ORCEMENT
                                                                                                                                        CONVEYANCES
                  REF:OCEA-VIN                                                                                                          FORESTRY AND WILDLIFE
                                                                                                                                        LAND MANAGEMENT
                                                                                                                                        STATE PARKS
                                                                                                                                        WATER AND LAND DEVELOPMENT
                                                                                                     File: OA-8/17/89-2310
                                                                                                     180-Day Exp. Date: 2/13/90
                                                                        VA 6 1990                    Doc.:          7545E




                  MEMORANDUM

                  TO:                Manabu Tagomorit Deputy Director
                                     Division of Water and Land Development

                  FROM:              William W. Paty, Chairperson
                                     Board of Land and Natural Resources

                  SUBJECT:           Conservation District Use Application for "Pia Well" at
                                     Niu Valley, Oahu, Hawaii; TMK 3-7-15: 64

                  We are pleased to inform you that your Conservation District Use
                  Application for "Pia Well" was approved by the Board of Land and
                  Natural Resources on January 26, 1990, as a "Permitted use,"
                  subject to the following conditions:

                           1.        The applicant shall comply with all applicable statutes,
                                     ordinances, rules and regulations of the Federal, State
                                     and County governments, and applicable parts of Section
                                     13-2-21, Administrative Rules, as amended;

                           2.        The applicant, its successors and assigns, shall indemnify
                                     and hold the State of Hawaii harmless from and against any
                                     loss, liability, claim or demand for property d-zmagc,
                                     personal injury and death arising out of any act or
                                     omission of the applicant, its successors, assigns,
                                     officers, employees, contractors and agents under this
                                     permit or relating to or connected with the granting of
                                     this permit;

                           3.        If historic remains such as artifacts, shell or charcoal
                                     deposits, burials, and stone pavings are found during
                                     construction or required restoration work, the applicant
                                     must stop work in the area and contact the Historic
                                     Preservation Program (at 548-7460), immediately; that
                                     office is authorized to assess the situation and make
                                     recommendations for mitigative action, if needed.








          Manabu Tagomori                  2 -                  OA-2310



               4.   Before proceeding with any work authorized  by the Board,
                    the applicant shall submit  four (4) copies of drilling and
                    landscaping plans, and specifications, to the Chairperson
                    or his authorized representative for approval for
                    consistency with the conditions of the permit and the
                    declarations set forth in the permit: application; three
                    (3) approved copies to be returned to the applicant, plan
                    approval by the Chairperson (or authorized representative)
                    not to imply approval required of other agencies.

               5.   The applicant is required to use only such landscaping
                    material as may be acceptable to this Department, to
                    prevent erosion, to be installed according to a
                    landscaping plan submitted to this Department for approval
                    (see Corjd-4tions 4 and 6.1.

               6.   Ground exposed or vegetation disturbed subsequent to this
                    authorization shall be revegetated within ninety (90) days
                    of the termination of stockpiling at: the site, unless
                    otherwise provided in a plan (and schedule) on file with
                    and approved by this Board or its authorized
                    representative.

               7.   Appropriate measures shall be exercised to prevent
                    construction materials, debris, petroleum deriatives,
                    etc., from entering or polluting streams or the
                    surrounding area; upon the completing of test pumping, all
                    debris, drilling and pumping materials and equipment shall
                    be removed.

               8.   Any drilling work to be done on the land shall be
                    initiated within one (1) year of the approval of such use,
                    and all work and construction must be completed within
                    three (3) years of the approval of such use.

               9.   The use of the property is limited -to those articulated in
                    the application.

               10.  The proposed exploratory well is to be drilled within the
                    existing reservoir fence enclosure.

               11.  The applicant is allowed to conduct pumpage tests for up
                    to seven days, 24 hours per day. All operations are to be
                    conducted in conformance with the State Department of
                    Health regulations regarding noise (Chapters 11-42 and
                    11-43 of the Administrative Rules). The contractor shall
                    use mufflers and other means for noise control. All noise
                    muffling equipment shall be properly maintained and
                    repaired or replaced as needed.









         Manabu Tagomori               - 3 -                 OA-2310



            12.   The applicant shall provided written notification of
                  drilling schedules and conditions (i.e. "up to seven days,
                  24 hours a day") to all adjacent homeowners within 500
                  yards of the site and provide written documentation of
                  such notification to the Department prior to initiation of
                  drilling.

            13.   That failure to comply with any of these conditions shall
                  render this Conservation District Land Use application
                  null and void; and

            14.   Approval is subject to other terms and conditions as may
                  be prescribed by the Chairperson.

         Please acknowledge receipt of this permit, with the above noted
         conditions, in the space provided below. Please sign two copies;
         retain one and return the other one within thirty (30) days, please.

         Should you have any questions on any of these conditions, please
         feel free to contact our Office of Conservation and Environmental
         Affairs staff at 548-7837.







                                         WILLIAM W. PATY


         Receipt acknowledged




         Applicant's Signature

         cc:   Oahu Board Member
               Oahu Land Agent
               C&C Dept. of General Planning
               C&C Dept. of Land Utilization
               C&C Board of Water Supply
               OHA/OSP/DOH
                                                    '@ATY


JOHN WAIHEE
GOVERNOR OF HAWAII


STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
P.O. BOX 621
HONOLULU, HAWAII  96809


WILLIAM W. PATY, CHARIPERSON
BOARD OF LAND AND NATURAL RESOURCES


DEPUTIES

MANABU TAGOMORI
RUSSELL N. FUKUMOTO

AQUACULTURE DEVELOPMENT
PROGRAM
AQUATIC RESOURCES
CONSERVATION AND
ENVIRONMENTAL AFFAIRS
CONSERVATION AND
RESOURCES ENFORCEMENT
CONVEYANCES
FORESTRY AND WILDLIFE
LAND MANAGEMENT
STATE PARKS
WATER AND LAND DEVELOPMENT

File No.:  KA-5/22/89-2255
Doc. No.:  7213E

JAN 23 1990

Mr. Miguel Godinez
P.O. Box 508
Hanalei, Kauai, Hawaii  96714

Dear Mr. Godinez:

Subject:  Conservation District Use Application for Commercial
Kayaking Expeditions form Haena, Kauai, Along the Na
Pali Coast to Polihale State Park, Kauai

We are writing to inform you that the Board of Land and Natural
Resources, on November 17, 1989, denied your subject application 
for the following reasons:

1.	The proposed commercial use is inconsistent with the
objectives of the Resource and Limited subzones;

2.	The proposed use represents an expansion of existing
authorized uses and a potential hazard to the safety
of passengers and crews of your proposed operations;
and

3.	The Na Pali Coast area has reached its design carrying
capacity, subject to further studies to be authorized
by the Board.

Should you have any questions, please feel free to contact Jay
Lembeck of our Office of Conservation and Environmental
Affairs, at 548-7837.

Very truly yours,


WILLIAM W. PATY












         Mr . Miguel Godinez                - 2                   Doc. 7213E



         Receipt acknowledged




         Applicant's Signature

         Date


         cc: Kauai Board Member
               Kauai Land Agent
               Kauai County Planning Department
               OSP/OHA/DOT



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                                                                                                                JO N       AIHEE
                                                                                                                           RNOR
                                                                                                     F -STATE -PLAt4f'@011aV
                                    BU                   ME          QUALITY CON
                                                                                                       MARVItsl@T. MIURA.Ph.D.
                                    E OF Q4VIRON
                               F                                                                                      DIRECTOR

          olume VII                                       April     8, 1990                                            No. 7

                                       REGISTER OF CHAPTER 343, HRS DOCUMENTS


       The OEOC Bulletin is a semi-monthly publication. The publication dates of the bulletin are the eighth and twenty-third
       of each month. Applicants should deliver an appropriate number of Draft and Final ElSs to the accepting authority before
       submitting copies to OEQC for distribution and publication. Environmental Assessments should be submitted to the
       accepting authority directly, Based on the assessment, the accepting authority will submit to OEQC a determination of
       a Negative Declaration or a Preparation Notice for publication in the bulletin. Draft and Final Environmental Impact
       Statements must be received by the fifth and twentieth days of the month for publication in the respective issue. Negative
       Declarations and Preparation Notices must be received at least five working days prior to, the publication date. All
       documents submitted for publication in the OEOC Bulletin should be delivered to the Office of Environmental Quality
       Control, 465 South King Street, Room 104, Honolulu, Hawaii 96813. To ensure proper processing of documents, please
       attach OEOC Bulletin Publicatio.n Form with all submittals. These forrns can be obtained by calling OEQC at 548-6915.




                                                                CONTENTS



       NEGATIVE DECLARA71ONS
       0        OAHU                                                             DISTRICT                                     PAGE
                Kaleiopuu Elementary School                                      Ewa                                              2
                Kalihi Valley Exploratory Well                                   Honolulu                                         2
                Rodiek-Walker House Restoration                                  Honolulu                                         3
                Kakela Beach Park Acquisition                                    Koolauloa                                        3
                Makaha Bridge Numbers 3B, 4. 5, and SA Restoration               Makaha                                           4
                Plantation Road - 12 Inch Water main and Appurtenances           Waianae                                          4
       EIS PREPARATION NOTICES
       0        HAWAII
                Kaflua Park Expansion Project                                    North Kona                                       4
       DRAFT ENVIRONMENTAL DAPACT STATEMENTS
       0        MOLOKAI
                Makolelau District - Nearshore Desflting Project                 Makolelau                                        6
       0        OAHU
                Honolulu Rapid Transit Development Project - Alternatives
                        Analysis and Draft Environmental Impact Statement        Honolulu                                         6
                Kaahumanu Parking Structure Redevelopment                        Honolulu                                         7
                Country Courses at Kahuku (Malaekahana)                          Koolauloa                                        8
                Country Courses at Kahuku (Punamano)                             Koolauloa                                        9
                Kawela Bay Desilting Project                                     Koolauloa                                        9
       FDLOLL ENVIRONMENTAL IMPACT STATEMENTS



                                                                  PAGE 1







         Api d 8, 19@-,O

         .0      HAWAII                                                                DISTRICT                                        PAGE
                 Hawaii Commodities Irradiation Facflity                               Hflo                                              10
                 Honokohau Industrial Park                                             North Kona                                        10
         0       OAHU
                 Hawaii Film Facility Expansion at Diamond Head                        Honolulu                                          11
                 Keehi Lagoon Recreation Plan                                          Honolulu                                          11
                 Malulani Sports Complex                                               Koolaupoko                                        12
                 Oceanic Institute Master Plan for the Center
                          For Applied Aquaculture                                      Makapuu Point                                     12
                 Honbushin Mission International of Hawaii                             MilUani                                           13
         NOTICES
         0       AVAMABILM OF REPORT
                 Hawairs Environment 1988: The Annual Report of the Environmental Council                                                14
         0       EIS ADVISORY
                 Environmental Assessments and Notices of Determination                                                                  14
         o       WMING NOTICE
                 Oahu Wastewater Management                                                                                              14
         0       ENVIRONMENTAL NOTES
                 Endangered Hawaiian Plant Information                                                                                   is
                 HawaOs Own Endangered Species                                                                                           is
                 Earth Deeds/Earth Thoughts                                                                                              17
         0       PUBLIC NOTICE
                 Shoreline Certification Applications                                                                                    19



                                                                               The Depaxtment of Accounting and General Services
         NEGATIVE DECLARATIONS                                                 proposes to consauct an approximately 9,000 square foort
                                                                               reinforced concrete and masonry serving kitchen/dining
                                                                               room building. This project wffl be constructed in an
                                                                               area which had been graded as part of the construction
         The following actions have been determined to have little             work for the first increment of the school.
         or no impact upon the envirorunent. Environmental                     The project wUI provide the school with a much-needed
         Impact Statements are not required of these projects.                 facility to implement its program in accordance with
         Those who wish to contest this determination have a 60-               Educational Specifications. Since the project will be
         day period, from this publication date, in which to                   constructed within the existing school campus, no land
         initiate litigation. Any questions regarding the following            wffl be removed from the tax base. The estimated cost
         projects should be directed to the listed contacts.                   of the project is $1,442,000.



         OAHU

                                                                               KALIHI VALLEY EXPLORATORY WELL
         KALEIOPUU ELEMENTARY SCHOOL                                           Location:        Honolulu, Oahu
         Location:        Ewa, Oahu                                            TMK-             1-4-18:06
         TMK.             9-4-02:16                                            Proposing        City and County of Honolulu
         Proposing        Department of Accounting and                         Agency:          Board of Water Supply
         Agenc)r          General Services                                     Contact:         Lawrence Whang (527-6138)
         Contact:         Mark Yamabe (S48-7660)


                                                                      PAGE 2








                                                                                                                              OEQC BULLETIN
                                                                                                                                  April 8, 1990


         The Board of Water Supply, City and County of Honolulu,                  The project site encompasses 5.691 acres. The property
         proposes to drill an exploratory well in Kalihi Valley to                is almost completely enclosed by rock walls and fences,
         determine the quantity and quality of water available at                 with the exception of three access ways.            The main
         the site. The well is located on land owned by the Board                 entrance and exit are located on Pali Highway, and there
         of Water Supply and falls within the State Conservation                  is a rear service gate off Jack Lane.
         District Area. This well site is about 75 feet above Kalihi
         Stream and north of the suburban residential area at                     There are two existing dwellings on the site, the historic
         about 550 feet elevation, 800 feet south of Likelike                     Rodiek-Walker house and the caretaker's building. The
         Highway.                                                                 proposed use would add one single-family dwelling to. the
                                                                                  site and replace the existing caretakees building with a
         An area of about .75 to 1.0-acre will be cleared and                     new, relocated one. In addition to the dwellings, there
         graded at the project site to accommodate well drilling                  are several other sauctures involved. The existing tennis
         and support equipment and necessary supplies.                All         court will be restored.        The small pavilion in the
         excess material from the clearing and grading the project                Japanese garden will be repaired and                     several
         site will be disposed at an approved location for this type              outbuildings, including the restroorn building, will be
         of material. Once the area has been cleared, a temporary                 demolished.
         fence may be erected to secure the project site.

         The project will involve drilling a hole about 16 inches
         in diameter to a depth of 50 feet. Once the drilling is
         completed, a 12-inch diameter steel casing will be                       KAKELA BEACH PARK ACQUISITION
         grouted into place, and an additional 100 feet of open                   Location:        Koolauloa, Oahu
         hole shall be drilled. A pump will be installed and a                    TMK:_            5-5-01:54
         series of aquifer tests conducted to determine the
         sustained well capacity and water quality.                Upon           Proposing        City and County of Honolulu
         completion of the tests, the pumv will be removed, and                   Agency-          Department of Parks and Recreation
         the well will be capped. The estimated project' duration                 Contact:         Walter M. Ozawa (S27-6343)
         is six months, and the estimated cost of this project is
         approximately $110,000.                                                  The Department of Parks and Recreation is proposing to
                                                                                  acquire an 11.115-acre private beach park currently
                                                                                  owned by the corporation of the President of the Church
                                                                                  of Jesus Christ of Latter Day Saints. Zions Securities
                                                                                  Corporation currently maintains and manages use of the
         RODIEK-WALKER HOUSE RESTORATION                                          property. After City acquisition, the Department of Parks
         Location:         Honolulu, Oahu                                         and Recreation will assume responsibility for maintenance
         TMK.              1-8-08:01                                              and managemenL

         Permitting        Department of Land                                     City ownership of Kakela Beach Park will allow casual
         Agency,           Utilization                                            public day use without any perrnits. However, organized
         Contact:          Ardis Shaw-Kim (527-6256)                              group outings and camping will require Permits from the
                                                                                  City Department of Parks and Recreation. The property
         Applicant:        Masao Nangaku                                          is designated Park on the Koolauloa Development Plan
                           c/o Spencer Mason Architects                           Public Facilities Map.        City Ordinance No. 89-153
                                                                                  appropriated $7 million to acquire Kakela Beach Park.
         The applicant has requested a Conditional Use            Permit,
         Type 2 to restore the 1904 Rodiek-Walker house for use
         as a corporate retreat, and approval to place three
         dwelling units on a single zoning IoL               The three
         dwellings will be the Rodiek-Walker house, a new house
         for the owners, and a replacement for the existing
         caretaker's building, in a new location.



                                                                         PAGE 3







        April 8, 1990


        MAKARA BRIDGE NUMBERS 3B. 4. 5 AND SA                               The proposed water main will be constructed within the
        REPLACEMENT                                                         pavement and shoulder area of Plantation Road.
        Location:        Makaha, Oahu                                       Intrusion into the pavement areas of Fan-ington Highway
        TMK:             8-3-various                                        and Waianae Valley Road are required to make necessary
                                                                            connections to existing water mains. The proposed water
        Proposing                                                           main shall be constructed of either poly-wrapped ductile
        Agency:          Department of Transportation                       iron or polyvinyl chloride pipe.
        Contact:         Dennis Imada (548-7493)
                                                                            The estimated construction time for the proposed water
        The Department of Transportation is proposing the                   main is nine months.          It is estimated that the
        replacement of four existing wooden bridges with four               construction will begin about August 1990.              The
        new wider concrete bridges along Farrington Highway.                estimated construction cost is $700,000 funded by the
        Roadway approach work at both ends of the structures                Board of Water Supply.
        will also be made to provide a smooth transition from the
        existing road to the new bridges. The alignment of the
        existing streams which run under the bridges will remain
        unchanged.                                                          EIS PREPARATION NOTICES

        The new concrete bridges will provide the same vertical
        clearance as the existing wooden bridges and will meet
        the Federal Highway Administration guidelines. New                  The following actions have been determined to have
        concrete abutments will be constructed as well as new               significant impacts upon the environment. Environmental
        concrete piers making the new bridges one, two or three             Impact Statements will be prepared for these projects. A
        span structures. Pre-cast concrete planks will be used for          30-day consultation period commences with the initial
        the new bridge decks. Concrete vertical face railings and           publication of these projects in the bulletin (see deadline
        8 foot wide shoulders will be provided on both sides of             dates). The purpose of soliciting comments during the
        the bridges. Estimated project cost is $3,890,000.                  consultation period is to establish the scope and the
                                                                            depth of coverage that the Draft EIS should have.



                                                                            HAWAII
        PLANTATION ROAD - 12-INCH WATER MAIN AND
        APPURTENANCES
        Location:        Waianae, Oahu                                      KAILUA PARK EXPANSION PROJECT
        TMK_             8-5-01                                             Location:        North Kona, Hawaii
                         8-5-03                                             TMK.             7-5-05:07 & 83
                         8-5-19                                             Accepting
        Proposing        City and County of Honolulu                        Authority-       Governor, State of Hawaii
        Agency:          Board of Water Supply
        Contact-         Lawrence Whang (S27-5138)                          Proposing        Hawaii County
                                                                            Agency*          Department of Parks and Recreation
        The Board of Water Supply, City and County of Honolulu,
        is proposing the installation of approximately 3,760 linear         Please send your comments to:
        feet of 12-inch water main along Plantation Road,
        extending from Farrington Mghway to Waianae Valley                  Consultant:      James H. Pedersen
        Road. Within Farrington Mghway, connection will be                                   Planning Consultant
        made to an existing 20-inch main. Within Waianae                                     P. 0. Box 22
        Valley Road, connection will be made to an existing 12-                              Volcano, Hawaii 9678S
        inch main. Also proposed is the installation of air relief
        valves and gate valves.



                                                                    PAGE 4








                                                                                                                             OEQC BULLETIN
                                                                                                                                 April 8, 1990


         and a copy of your comments to OEQC, attention                           0       Multi-purpose Field - a large open field that
         Dr. Marvin T. Miura, Director                                                    would support various sport activities such as
                                                                                          football, track and field events, soccer and
         Deadline:         May 8, 1990                                                    softball.

         The Department of Parks and Recreation. County of                        0       BMX Track - A relocated bic cle motorcross track
                                                                                                                       , y
         Hawaii is proposing a master plan for new site                                   to replace the existing track.
         improvements and facilities at its present 'old Kona
         Airport site.*                                                           0       Tennis Courts - four new tennis courts to be
                                                                                          placed adjacent to the existing ones.
         The County     of Hawaii presently shares the old Kona
         Airport site  with facilities belonging to the State of                  0       Horseshoe Throw - a horseshoe pitching area to
         Hawaii, Department of Land and Nann-al Resources, State                          replace the existing facility wiH be provided in
         Parks Division. Present facilities provided and maintained                       the area makai of the existing ball fields.
         by the County include two softball fields, a football field,
         two soccer fields, four tennis courts, an basketball court,              0       Parking - a total of 750 parking stalls for cars are
         a bicycle motorcross, horseshoe pits, playground                                 to be provided at the park site.
         equipment, and a community center structure. Parking
         is abundant at the site with unstructured parking areas                  Existing facilities to remain include tennis courts, soccer
         on open portions of the old airport runway. The State of                 fields, ball fields, community center and playground.
         Hawaii provides a large special events pavilion and beach                Estimated cost of this project is approximately $7.3
         recreation facilities at the north end of the old airport                million.
         site.

         The proposed Kailua Park is located approximately 1/2
         mile north of the center of Kailua-Kona in the district of               DRAFT ENVIRONWXrAL UAPACT STATEMENT'S
         North Kona.      The site is bordered by a residential
         subdivision on the west (Kailua Bay Estates), the State
         Parks portion of the old Kona Airport on the north, and
         vacant land to the east and south. Kuakini Highway
         terminates at the park site. In 19,86, twenty acres were                 A 45-day review period commences with the initial
         added to the County park site, which is approximately 34                 publication of these projects in the bWletin (see deadline
         acres, through a 40-year lease with the Sate of Hawaii.                  dates). ElSs listed in this section are available for review
         It is on this added portion that the new improvements of                 at the following repositories:
         the Kailua Park Master Plan are proposed for                                     0        Office of Enviro=ental Quality Control
         construction.                                                                    0        Legislative Reference Bureau
         The Master Plan for Kailua Park proposes to provide the                          0        Municipal Reference and Records Center
         following improvements to the existing park site:                                         (Oahu ElSs)
                                                                                          0        University of Hawaii Hamilton Library
         0        Gymnasium - approximately 15,000 square feet in                         0        State Main Library
                  size with provisions for basketball, volleyball,                        0        Kaimuki Regional Library
                  multi-purpose      recreation/meeting        facilities,                0        Kaneohe Regional Library
                  bathrooms, lockers, staff accommodations, and                           0        Pearl City Regional Library
                  storage.    The gymnasium proper would seat                             0        Hilo Regional Library
                  approximately 1,500 spectators.                                         0        Wailuku Regional Library
                                                                                          0        Lihue Regional Library
         0        Swimming Pool - pool with accessory locker and                          0        Branch library in closest proximity to the
                  shower facilities areas.        Bleachers are also                               project
                  proposed for the pool with seating capacity in                  Please  send your comments to the accepting authority
                  the 400 spectators range.
                                                                                  with a  copy to the applicant or proposing agency (see


                                                                        PAGE S






         OEQC BULLETIN
         April 8, 1990


         listed contacts). OEQC would also appreciate a copy of               through an existing drainage culvert. The project would
         your comments.                                                       be undertaken and completed within six months
                                                                              following issuance of appropriate permits.

         MOLOKAI



         MAKOLELAU DISTRICT - NEARSHORE DESILTING                             OAHU
         PROJECT
         Location:        Makolelau, Molokai
         TMK.             5-5-01:38
                                                                              HONOLULU RAPID TRANSIT DEVELOPNSW PROJECT -
         Please send your comments to,                                        ALTERNATIVES           ANALYSIS         AND       DRAFT
         Accepting        Department of Land and Natural                      ENVIRONMENTAL IN9ACT STATE
         Authority-       Resources                                           Location:      Honolulu, Oahu
                                                                              TMIC.          Various
                          P. 0. Box 621
                          Honolulu, Hawaii 96809                              Please send your comments to:
         with a copy of your comments to OEQC, attention Dr.                  Accepting      Mayor, City and County of
         Marvin T. Miura and:                                                 Authority:     Honolulu
                                                                                             Honolulu Hale
         Applicant:       Grace Land Investments, Inc.                                       530 South King Street
                          c/o William A Brewer, Brewer/Brandman                              Honolulu, Hawaii 96813
                          Associates
                          1188 Bishop Street, Suite 3411                      with a copy of your comments to OEQC, attention
                          Honolulu, Hawaii 96813                              Dr. Marvin T. Miura, Director and:
         Deadline:        April 22, 1990                                      Proposing      City and County of Honolulu
                                                                              Agency,        Department of Transportation Services
         The proposed action involves the removal of an estimated                            c/o Mark Scheibe, Parsons Brinckerhoff
         5,000 to 10,000 cubic yards of accumulated silt deposits                            Quade & Douglas, Inc.
         from the nearshore and intertidal zone. The proposed                                Two Waterfront Plaza, Suite 220
         project site encompasses an area of about six acres and                             Honolulu, Hawaii 96813
         is located between Panahaha and Kawiu Fish Ponds.
         Both fish ponds and adjacent uplands are owned in fee                Deadline:      May 23, 1990
         by the applicant The objective of this project is to
         restore the recreational potential of a 600-foot-long                The proposed action is an improvement of the transit
         beach.                                                               system 'in the urban Honolulu, Hawaii, area from
                                                                              Waiawa, through Downtown Honolulu, to Waikiki and
         A six-inch portable hydraulic cutterhead suction dredge,             the University of Hawaii.          Three transportation
         deployed on' pontoons, would be utilized to remove                   alternatives were considered:
         unconsolidated deposits and restore the natural grade to
         the nearshore and intertidal zones. The dredge can move              0      A 'No-Build" or *Do Nothing" alternative which is
         approximately 200 cubic yards of material per hour up to                    based on the existing bus system of 47S buses/
         a distance of 3,000 feet. Dredge spoils, consisting largely
         of silt, would be pumped via pipeline to a previously                0      A Transportation System Management alternative
         cleared dewatering site located on the north side of                        based on an expanded bus system of 997 buses;
         Kamehameha V Highway (East Molokai Road). The                               and
         dewatering site encompasses about 2.25 acres of
         generally flat, previously disturbed, Agriculture-zoned              0      A fixed guideway with feeder bus system.
         land. The pipeline would be routed under the highway


                                                                     PAGE 6








                                                                                                                    OEQC BULLETIN
                                                                                                                        April 8, 1990


       Six full-conidor fixed guideway adtematives, each with              chosen to service any of the fWl-corridor altematives. A
       different physical alignments which range in length from            site makai of the newly constructed Kalihi-Palama bus
       16.8 to 18 miles, were considered. They are based on an             maintenance facility at Middle Street would be chosen to
       advanced rapid transit technology with a fully integrated           service any of the Minimum Operable Segment
       feeder bus system. Various alignment combinations make              alterriatives.
       up the six full-corridor fixed guideway altematives
       considered in the study. Variations among the full-length           The decisions to be derived from the current study are:
       altematives occur in only two sections: two options                 the mode of transportation to be used in addressing
       (Kamehameha Highway and Salt Lake Boulevard) are                    Honolulu's transportation problems; the preferred fixed
       available for the section between Aloha Stadium and                 guideway alignment and termini, if that mode is selected;
       Keehi Interchange and three options (Hotel Street                   and the funding approach to be used.
       underground, Beretania/Alakea and Nimitz Highway) are
       available for the section consisting of Downtown and                Based on the comments received during the public review
       West Kakaako.                                                       period, the City administration will prepare a Locally
                                                                           Preferred Altemative Report that will be submitted, along
       In addition to the full-corridor alternative, three Minimum         with its implementing financial plan, to the City Council
       Operable Segment (MOS) fixed guideway altematives                   for their consideration and endorsement. The Financial
       have also been considered. These lower cost altematives             Plan relating to the Locally Preferred Alternative will be
       are portions of the full-corridor alternatives and range in         submitted to the State Legislature for their consideration
       length from 6.4 to 11 miles.                                        in connection with the capital funding of the project-

       For the environmental, engineering, and financial
       analyses of the altematives, a 'generic' fixed guideway                                       E@
       system was developed.         This generic system is a
       composite of the advanced rapid transit technologies that           KAAHUMANU PARIONG STRUCTURE REDEVELOPMENT
       could be used in Honolulu, and would incorporate these              Location:        Honolulu, Oahu
       four features:                                                      TMIC.            2-1-02:16, 20, 26, & S6
       0        Medium Capacity (20,000 passengers per hour in             Please send your comments to:
                peak direction).
                                                                           Accepting        City and County of Honolulu
       0        Electrified.                                               Authority:       Department of General Planning
                                                                                            650 South King Street
       0        Automated.                                                                  Honolulu, Hawaii 96813
       0        Fully grade-separated.                                     with a copy of your comments to OEQC, Attention
       There are several candidate technologies that could meet            Dr. Marvin T. Miura, Director and:
       Honolulu's requirements.                                            Proposing        City and County of konolulu
                                                                           Agency-          Department of Housing and Community
       0        Steel wheel on steel ra2                                                    Development
                                                                                            c/o Colette Sakoda, Project Manager
       0        Rubber tire on concrete                                                     R.M. Towill Corporation
                                                                                            420 Waiakarnilo Road, Suite 411
                Straddle beam monorail systems                                              Honolulu, Hawaii 96817
       00       Magnetic levitation system                                 Deadline:        May 23, 1990
       Two sites for a fixed guideway maintenance facility and             The Kaahumanu Parking Structure Redevelopment plan
       storage yard have been identified. Only one site would              covers 1.85 acres of land comprising four parcels. The
       be utilized. The Navy Ewa Drum Storage site in Waiawa,              parcels are bounded by Nimitz Highway, Queen Street,
       adjacent to Leeward Community College, would be                     Nuuanu Avenue, and Merchant Street. Three of the


                                                                   PAGE 7



      10EQC 1,UL1,-        IN
         April 8, 1990


         parcels are owned by the City and County of Honolulu;                                         Municipal Office Building, 8th Floor
         the fourth is owned by the State of Hawaii. The City will                                     650 South King Street
         acquire or lease the state-owned parcel.                                                      Honolulu, Hawaii 96813

         The overall redevelopment concept is a high quality                        with a copy of your comments to OEQC attention
         urban complex combining residential, office, and                           Dr. Marvin T. Miura and:
         commercial uses. The project area is proposed to be over
         500,000 square feet.                                                       Applicant:         The F-state of James Campbell
                                                                                                       c/o William E. Wanket, Inc.
         Envisioned as a mixed-use development, the project will                                       Pacific Tower 660
         be a combination of a downtown hotel/condominiurn, a                                          1001 Bishop Street
         First-class office tower, and a commercial plaza with retail                                  Honolulu, Hawaii 96813
         shops and restaurants. The plan is comprised of a multi-
         tower complex. The buildings will be bridged over                          Deadline:          Extended to April 8, 1990
         Bethel Street at the upper level for pedestrian movement.
                                                                                    The proposed Country Courses at Kahuku, Malaekahana
         There are four components which are included in the                        site preliminary plans consist of a single 18-hole
         plan.     The "Promenade' is planned as a two-level                        championship, daily-fee golf course and support facilities.
         shopping galleria providing 37,600 square feet of leasable                 Course completion is expected to be by 1994. A single
         area for retail, restaurant, and office space. The 'Water                  clubhouse will serve the 18-hole course. The clubhouse
         Tower at Harbor Court" will provide 122 luxury two-                        would be approximately 10,000 to 12,000 square feet.
         bedroom, two-bath, hotel-condominium apartments. The                       Incorporated into the clubhouse would be a starting
         tower will have about 171,000 square feet of space. The                    facility, pro-shop, lockers, restaurant/lounge, rest rooms,
         *Pier Tower at Harbor Court" will add approximately                        and cart storage and maintenance facilities for 90 golf
         220,500 square feet of first-class office space to the                     carts.     Cart storage is expected* to account for
         inventory. Each floor will typically have about 11,000                     approximately S,000 square feet or approximately one-
         gross square feet of space. The 'Rampart Suites,* a five-                  half of the clubhouse area. The clubhouse will be served
         story structure, will be occupied by retail and commercial                 by a driving range and putting green. The clubhouse
         office activities,                                                         will be provided with an appropriatenumber of parking
                                                                                    stalls.
         All of the 462      existing parking stalls, 411 from the
         Kaahumanu parking garage and 51 from the old police                        The site was once part of the Kahuku Sugar Company.
         station parking lot, will be replaced. A total of 1,035                    Since the early 1970's when those operations ceased, the
         stalls are planned in the new project. 462 stalls on the                   land has been vacant except for grazing operations.
         lower parking levels will be owned by the City and made                    Currently, most of the property is being used by the
         available to the public, 122 spaces will be assigned to the                Gunstoek Ranch for grazing 100 head of cattle and 40
         hotel-condominium apartments (one per unit), and the                       horses, and for boarding about a dozen horses. The
         remaining 451 spaces will be reserved for use by the                       Malaekahana State Park occupies the area across the
         office, retail, and commercial occupants of the 'Pier                      highway, while the mauka area of the site adjoins the
         Tower' and *Rampart Suites.*                                               military lands of the Kahuku Training Area and pastures
                                                                                    used for grazing.

                                                                                    Approximately 100 acres of the 200 acre project site will
                                                                                    be reshaped to some extent. This will require grading of
         COUNTRY COURSES AT KAHUKU [MALAEKAHANA)                                    the golf course site itself, reshaping tees and greens,
         Location:          Koolauloa, Oahu                                         developing sarid traps and swaling areas to guide surface
         TMF1               5-6-06:02 & 06                                          runoff to retention areas or ponds. Project costs are
                                                                                    estimated at about $9 million.
         Please send your comments to:

         Accepting          City and County of Honolulu
         Authority.         Department of General Planning


                                                                           PAGE 8







               3ULLETIN
       April 8, 1990


       with a copy of your comments to OEQC attention Dr.                    through this area of the Bay. This action is expected to
       Marvin T. Miura and:                                                  improve circulation in this part of the Bay and reduce the
                                                                             likelihood of a recurrence of the problem. Sand will be
    lApplicant:          KuiJima Development Company                         imported onto the property by trucks and stock piled near
                         1001 Bishop Street, Suite 2000                      the project site.     Using amphibious earth moving
                         Honolulu, Hawaii 96813                              equipment or hydraulic pumping, this sand will be
     11                                                                      transported offshore to fill the bottom areas. The filling
       and:              George Akita                                        project will require approximately two weeks to complete.
                         c/o Group 70, Limited
                         924 Bethel Street
                         Honolulu, Hawaii 96813
       Deadline:         Extended to May 23, 1990                            FINAL ENVIRONNENTAL         EMPACT STATEMENTS
       The proposed project involves removal of approximately                The following EISs have been submitted for acceptance.
       1,800 cubic yards of silt and clay sediments ffom a 0.66              All comments received by the applicant or proposing
       acre area of Kawela Bay in its southeastern portion. The              agency, and corresponding responses, should be
       removal of these sediments is the primary goal of the                 contained within the Final EIS. Those who wish to
       project, in order to improve water clarity and eliminate              contest the acceptance of an EIS have a 60-day period in
       the silt/clay bottom texture in the swimming, snorkeling              which to initiate litigation. The 60-day litigation period
       and wading area offshore of the two planned new resort                starts from the date of publication of an EIS's acceptance.
       hotels.

       The desilting equipment will remove the top six to 12                 HAWAII
       inches of sediments in this area utilizing a suction device.
       Hard, consolidated substrate areas will not be alte-rated
       or excavated, Material that cannot be removed by this                 HAWAII COMMODITIES IRRADIATION FACILITY
       equipment will not be removed by any other means.                     Location:        Hilo, Hawaii
       The silt and clay material will be pumped into a                      TMX:             2-1--12:"106, 107, & 108
       containment pond on 0.34 acres in the nearshore upland
       area adjacent to the desilting project. This containment              Proposing        Department of Business and Economic
       facility will allow dewatering of sediments along with                Agency:          Development
       drying and compaction. The storage capacity of this                   Accepting
       facility will be adequate to accommodate desilting                    Authority.       Govemor, State of Hawaii
       materials and the residence time wM be sufficient to
       allow removal of suspended sediments from the water.                  Status:          Currently being processed by the Office
       Water returning to the ocean from the containment area                                 of Envirorunental Quality Control
       will have turbidity levels that are equal or better than
       that measured in this portion of Kawela Bay.                          Initially published as a Final EIS on December 23, 198-8.
       The dewatered sediments wiU be removed to golf course
       construction areas on the applicant's property, if useable;
       if not, it will be land filled. The total duration of the
       desilting, dewatering and disposal operations will be two
       months for operations and one month for mobilization                  HONOKORAU INDUSTRIAL PARK
       and demobilization.                                                   Location:        North Kona, Hawaii
       Following the desilting operation, approximately 1,000                TMK:             7-4-08:26 & 49
       cubic yards of crushed basalt gravel and 5,000 cubic                  Applicant:       Robert S. McClean
       yards of calcareous sand will be place at the silt removal                             c/o Helber, Hastert & Kimura, Planners
       site. The sands will fill the depressions in the bottom


                                                                    PAGE 10








                                                                                                                       OEQC BUU.ETlN
                                                                                                                           April 8, 1990


        Accepting                                                            site lie within the General Subzone          of the State
        Authority:        State Land Use Commission                          Conservation District. The mauka 14.9 acres are in the
                                                                             State Agricultural District.
        Status:           Currently being processed by the State
                          Land Use Commission.

        The applicant,    Robert S. McClean, seeks incremental
        districting of the 89.5-acre property to develop the site            OAHU
        for light industrial, commercial, and service-related uses.

        The proposed project is broken down into two                         HAWAII FILM FACILITY EXPANSION AT DIAMOND HEAD
        increments:                                                          Location:        Honolulu, Oahu
        Increment I is a 45.5-acre development intended to                   TMK.             :3-1-42:09 & 33
        provide space for light industrial activities which                  Proposing        Department of Accounting and
        generally require larger lots and open storage areas.                Agency:          General Services
        Increment I proposes the following:
                                                                             Accepting
        0        continuation of ready-mix concrete and quarrying            Authority-       Governor, State of Hawaii
                 operations of West Hawaii Concrete;
        0        sale of boats and marine products and the
                 continuation of the storage, construction, repair           Status:          Currently being processed by the Office
                 and maintenance of boats and. other marine-                                  of Environmental Quality Control
                 related activities;
        o        sales of lumber, hardware and other construction            Initially published as a Final EIS on August 8, 1989.
                 materials and services, and the. manufacture of
                 lumber products;
        o        development of self-storage facilities;
        0        development of an automotive repair and service
                 center, and an automotive sales lot for new                 KEEHI LAGOON RECREATION PLAN
                 and/or used cars;                                           Location:        Honolulu, Oahu
        0        storage of trucks, buses and construction                   TMK.             1-1-03:01, 03, 05, & 06
                 equipment;                                                                   1-2-23:33, 39, & 44
        0        Office and storage facilities for contractors and                            1-5-41:03
                 small businesses, and production and sale of
                 nursery products.                                           Proposing        Department of Transportation
        Increment 11 is proposed to be developed for commercial              Agency-          Harbors Division
        and service-related uses. This includes uses intended to             Accepting        Governor, State of'Hawaii
        support proposed civic activities at Kealakehe, along with           Authority:
        uses that would support the general economic
        development of the region. Specific types of activities              Status:          Currently being processed by the Office
        might include offices, restaurants and other related                                  of Envirorunental Quality Control
        commercial operations, as well as wholesale services to
        retail businesses, businesses which produce local                    Initially published as a Final EIS on January 23, 1990.
        consumer goods, services which support the local
        building industry, light manufacturing, etc.

        The project site is located about three miles north of
        Kailua-Kona, approximately 1,000 feet mauka of the
        Queen Kaahumanu Highway northeast of the Honokohau
        Small Boat Harbor. The makai 74.6 acres of the project


                                                                     PAGE 11






         0--:(,,C bULLEIIN
         April 8, 1990



         MALULANI SPORT'S COMPLEX                                              OCEANIC INSTITUTE MASTER PLAN FOR
         Location:         Koolaupoko, Oahu                                    FOR APPLIED AQUACULTURE
         TMK:              4 -6-06:01, 04, 07, 09, 11, 13, 15, 22-44,          Location:        Makapuu Point, Oahu
                           48-51                                               TMK.             4-1-14:04
                           4-6-16:31 & 32
                                                                               Applicant:       The Oceanic Institute
         Applicant:        Nanatomi Hawaii, Inc.                                                c/o Applied Analysis, Inc.
                           c/o Vincent Shigekuni
                           Helber, Hastert and Kimura Planners                 Accepting        City and County of Honolulu
                                                                               Authority:       Department of Land Utilization
         Accepting         City and County of Honolulu                                          Envirorunental Affairs
         Authority-        Department of General Planning
                                                                               Status:          Currently being       processed    by the
         Status:           Currently being processed by the                                     Department of Land Utilization
                           Department of General Planning
                                                                               The Center for Applied Aquaculture Master Plan is a
         The proposed project is located in Heeia Kea Valley, M'               revision of the existing Oceanic Institute Master Plan on
         the vicinity of the Heeia Kea Pier and Boat Harbor. The               file with the Department of Land and Natural Resources.
         total project area is approximately 220 acres.                        The Center for Applies Aquaculture is located at Makapuu
         Nanatorni Hawaii proposes the development        .of a sports         Point.
         complex on the property, including an 18,hole golf                    The United States Congress has appropriated 16.125
         course, golf clubhouse with dining facilities, meeting and            million through the United States Department of
         function rooms, three tennis courts, an aerobics facility,            Agriculture Cooperative State Research Service -for the
         a health spa and associated fitness facilities, as well as            construction of the Center for Applied Aquaculture. The
         approximately 30 to 35 single-family homes.                           State of Hawaii is matching the federal appropriation
                                                                               with a $5 million grant administered by the Department
         A par 70, 18-hole golf course will be designed to use as           ...of- Land. and. Natural Resources through the Division of
         much of the existing area, errain and vegetation for                  Water and Land,
         challenging play. Water features will be distributed
         throughout the site to function as fairway amenities as               Operations will  include:
         well as irrigation reservoirs and siltation basins. The golf
         course will be open for public play for a fee.                                  0      Applied research to solve operational and
         Nanatomi Hawaii will dedicate approximately nine acres                                 production problems of con-imercia-1
         of the property for community-oriented facilities.                                     aquaculture operations.
         Approximately one acre will be dedicated for the                                0      Finfish and crustacean maturation,
         realignment of Karnehameha Highway pear the entrance                                   hatchery, and growout technology
         to the Heeia Kea Pier and Boat Harbor. By realigning a                                 development
         short segment of Karnehameha Highway, a three-acre                              0      Aquaculture nutrition research.
         area will be available for a public beach park and the                          0      Aquaculture       information       services,
         expansion of boat harbor facilities. Approximately five                                including design, ei-igineering, economics,
         acres of land mauka. of the realigned highway could be                                 and     management        of     aquaculture
         used as a site for an amphitheater, hula halau and picnic                              operations.
         area.                                                                           0      Industry assistance, including training,
                                                                                                prototype        development,            and
         Hiking trails and a four acre campground accessible to                                 effluent,/discharge analysis.
         the windward community with a permit from Nanatomi
         Hawaii are also planned.                                              The Center for Applied Aquaculture is an applied
                                                                               aquaculture research facility supporting the development
                                                                               of commercial. aquaculture in Hawaii and the United
                                                                               States. The Center will be equipped to provide services
                                                                               to the cornmercial aquaculture industry that are


                                                                      PAGE 12








                                                                                                                  OEQC BULLET1N
                                                                                                                      April 8, 1990


       unavailable from traditional sources.                              A second existing garage of approximately 3,900 square
                                                                          feet wfll be converted into four attached dwelling units
                                                                          to house the Mission's staff of IS to 20 people, including
                                                                          the staffs families. These units will be equipped with
                                                                          kitchen and bath, facilities.

       HONBUSHN MISSION INTERNAT]ONAL OF HAWA,,                           A new single,story, 2,600-square,foot kitchen and dining
       Location:        Mililani, Oahu                                    room will be constructed to provide meals to persons on-
       TMY1             9-S-01:6S                                         site.
       Applicant:       Honbushin Mission Intemational of                 A second greenhouse of approximately 5,400 square feet
                        Hawaii                                            will be erected adjacent to an existing greenhouse. The
                        c/o Gerald Park, Urban Planner                    15-foot high structure will be constructed of steel
                                                                          framing, with fiberglass roof and walls.
       Accepting        City and County of Honolulu                       A 17,000-square.-feet outdoor earthen amphitheater will
       Authority:       Department of General Planning                    be constructed. The floor will be set four feet below
       Status:          Accepted by the City and County of                grade with a 4,000 square foot triangular stage.
                        Honolulu, Department of General                   A 1,600 square foot ceremonial t      ea house will be
                        Planning on March 27, 1990.                       constructed on a point of land overlooking Waipio Acres
       Honbushin Mission Intemational of Hawaii is requesting             in the southwestem comer of the property. The wooden
       a State Land Use District Boundary Amendment from an               structure will be oriental in design and sited amidst a
       Agricultural to Urban designation and an amendment to              landscaped Japanese garden.
       the Centr-al Oahu Development Plan from Agricult-dre to            An existing parking lot will be supplemented by two new
       Public and Quasi-Public Use. The requested chanaes in
                                                           0              lots.  A six-stall lot with a loading space will be
       land use designations are for IS acres in the ahupuaa of           constructed to the immediate south of the proposed
       Waipio in the Ewa District. The property is a part of a            kitchen and dining building. A second parking area with
       larger 143-acre parcel.                                            space for 18 vehicles, four buses and two loading spaces
       The Honbushin Mission desires to establish facilities for          will be constructed to the north of the centz-al warehouse
       a retreat program of meditation, physical exercise,                building. This second lot adjoins the existing parking
       seminary training, and meetings in addition to its                 lot.
       continuing agricultural activities.     The retreats are
       planned for up to 120 participants, who would gather for
       sessions lasting five weeks. Four sessions per year are
       proposed.

       Participants will be housed in two new attached bufldings
       to be constructed on the westem edge of the property.
       The two-story, 28,700-square-foot buildings will have 36
       lodging units with bath facilities but no kitchens.

       Two separate, new buildings of approximately 1,400
       square feet each will be constructed for use as a seminary
       training center. The buildings will accommodate ten men
       and ten women.


       An existing, one-story, 3,900-square-foot garage will be
       renovated and converted into an eight-unit dormitory
       accommodating 24 volunteer farm workers. There will
       be bathing facilities but no kitchens.


                                                                  PAGE 13






        OEQC BUU-ETIN
        April 8, 1990


        NOTICES                                                                                  technical,     economic,      social,     and
                                                                                                 environmental characteristics;
                                                                                         (5)     Summary description of the affected
                                                                                                 envirorunent, including suitable and
        AVAILABILITY OF REPORT                                                                   adequate location and site maps;
                                                                                         (6)     Identification and summary of major
        HAWAII'S ENVIRONMENT 1988: THE ANNUAL REPORT                                             impacts and alternatives considered, if
        OF THE ENVIRONMENTAL COUNCIL                                                             anr,
                                                                                         (7)     Proposed mitigation measures, if any.
        Copies of this report may be obtained at no charge by                            (8)     Determination;
        writing to:                                                                      (9)     Findings     and     reasons       supporting
                                                                                                 determination; and
                  Envirorunental Council                                                 (10)    Agencies to be consulted in the
                  46S South King Street, Room 104                                                preparation of the environmental impact
                  Honolulu, Hawaii 96813                                                         statement, if applicable.
        The number of copies is limited, so readers are advised                 Projects should  not be done on an incremental basis to
        to write early.                                                         avoid preparation of an envirorunental impact statement.
                                                                                Per Section 12, Chapter 200, the agency shall consider
        The report contains     synopses of some of the important               every phase      of a proposed action, the expected
        environmental events and issues of 1988. Submissions                    consequences,    both primary and secondary, and the
        were received from many public and private agencies.                    cumulative a,    well as the short and long,term effects of
                                                                                the action.

                                                                                Please refer to  Chapter 200 for more information or call
        EIS ADVISORY                                                            OEQC at S48-691S.


        ENVIRONMENTAL ASSESSMENTS AND NOTICES OF
        DETERMINATION                                                           MEETING NOTICE
        Agencies and applicants should be diligent in preparing                 OAHU WASTEWATER MANAGEMENT
        environmental assessments to assure that they meet the                  Sponsor.         Hawaii Association of Environmental
        letter and intent of the law.                                                            Professionals
                                                                                Location:        American Lung Association
        Information should be contained in the documents which                                   24S North Kukui Street
        will substantiate statements and decisions. (i.e. There                 Date:            April 10, 1990 Cruesday)
        should be substantiating evidence tojustify the statement               Time:            4:15 - 5:30 p.m.
        that there will be no environmental impacts.)                           Dr. Kenneth Sprague of the Board- of Water Supply will
        Per Section 10, Chapter 200 of Title 11, Administrative                 be the moderator for this seminar. The following is a
        Rules, Department of Health, environmental assessments                  list of topics to be discussed at the seminar.
        shall contain:
                                                                                         Ecological Concerns - Dr. John Harrison (UH
                  (1)      Identification of applicant or proposing                      Environmental Center)
                           agency,                                                       Health Concerns - Dr. Roger Fujioka. (UH Water
                  (2)      Identification of approving agency, if                        Resources Research Center)
                           applicable;                                                   Engineering and Economic Concerns - James
                  (3)      Identification of agencies consulted in                       Honke (Honolulu Public Works Wastewater
                           making assessment-,                                           Management)
                  (4)      General description of the action's                  For more information, contact Bill Corwin at 836-0555-

                                                                       PAGE 14








                                                                                                                   OEQC BULLETIN
                                                                                                                       April 8, 1990


                                                                           Threatened. All axe native to the United States. If the
                                                                           proposed listings axe approved, Endangered Species Act
      ENVIRONMENTAL NOTTS                                                  protection will be extended to the following Hawaiian
                                                                           plants:
      ENDANGERED HAWAJIAN PLANT INFORMATION                                Rernya spp.

      The U.S. Fish and Wildlife Service published its       most          Renrya is a genus of small perennial shrubs in the aster
      recent Notice of Review for Plants in the Federal Register           family (Asteraceae, also known as Compositae). It
      on February 21, 1990.        55 Fed. Reg. 6184 et seg.               comprises three species, all of which are endemic to the
      According to the review, 180 taxa of native Hawaiian                 Hawaiian Islands. These plants grow to about 3 feet (I
      plants are classified as Category I candidates, and 148              meter) tall, with many slender, sprawling branches. The
      taxa of native Hawaiian plants are classified as Category            narrow leaves are up to 6 inches (IS centimeters) in
      2 candidates.                                                        length and coarsely serrated. Small, dark yellow flowers
      Category 1 candidates are defined by the Services as                 are clustered at the ends of the stems.
      those taxa for which the Service has on file enough                  The quality of the natural Hawaiian environment has
      substantial information on biological vulnerability and              been degraded steadily since the introduction of many
      threat(s) to support proposals to list them as endangered            non-native animals and plants. Grazing and browsing
      or threatened species. Category 2 candidates are defined             feral and domesticated animals, the erosion and other
      by the Service as those taxa. fqr which there is some                habitat degradation    they. cause,     and competing
      evidence of vulnerability, but for which there are not               naturalized plants are the greatest threats. Many of
      enough data to support listing proposals at this time.               HawaiPs endemic plants and animals, which evolved in
                                                                           isolation, have declined in range and survive only in
      The Service is required to implement a system             of         pockets of relatively undisturbed habitat
      monitoring the status of candidate taxa under listing
      petitions that are determined by the Service to. be                  All three species in the genus Remya were proposed on
      warranted but precluded by pending proposals, including              October 2 for listing as Endangered:
      Category 1 and Category 2 candidate Hawaiian plants.                 0      R. mauLensis - This species is known from two
      According to the Service,it is prudent to take candidate                    small populations in the western part of the
      taxa into account during environmental planning.                            island of Maui, where they occur on adjacent
      Because the list of candidates is continuously changing as                  ridges. They appear to be 20 to 25 plants at one
      taxa. are added, reclassified, and deleted, land-use                        site and 1 or 2 at the other. The State of Hawaii
      planners should obtain the most current stams. of                           has fenced the larger population to protect it
      candidate taxa. from the U.S. Fish and Wildlife Service.                    from cattle.
                                                                           0      R. moragomeryi - Apparently restricted to the
                                                                                  island of Kaua'i, K montgome?)i is known from
                                                                                  only one site on the sheer, virtually inaccessible
                                                                                  cliffs below the upper rim of Kalalau Valley. The
      HAWAII'S OWN ENDANGERED SPECIES                                             population's size in unknown, but is believed to
                                                                                  number fewer than 50 plants.
      The following information was taken from the                         0      X kauiriensis - Another Kaua'i endemic, this
      Department of the Interior, U.S. Fish and Wildlife                          species is known from five small populations in
      Service's Endan-gered Species Technical Bulletin 'Listing                   the Kokee State Park area. The sites contain a
      Proposals - October/November 1989,' Volume )GV,                             total of about two dozen individuals.
      November - December, 1989, p. 1.                                     Dwarf Mau (Wdkesia hobdyi)

      Sixteen species - 11 plants and 5 animals - were                     The dwarf iliau, a Hawaiian plant in the aster family
      proposed by the Fish and Wildlife Service during October             (Asteraceae), is related to the spectacular and more
      and November 1989 for listing as Endangered or                       widely known silversword. It apparently occurs only on
                                                                           two steep ridges in the Na Pali coast area of western.

                                                                  PAGE 15







                                                                                                                        

                                                                              


           the Pu'u ka Pele Forest Reserve, and they total
           approximately 350 individuals.

           Wilkesia hobdyi has been proposed for listing as
           Endangered (F.R. 10/2/89). The greatest threat to its
           survival is browsing by feral goats. Large herds roam the
           cliffs upon which the plants grow and are responsible for
           a great deal of damage. They not only eat the plants but
           accelerate erosion of the fragile ridge soil. The goat herds
           are increasing rapidly due to game management practices
           aimed at maintaining high numbers for hunting.

           Aupaka (Isodendrion hosakae)

           The fifth Hawaiian plant proposed during October (F.R.
           10/10/89) for listing as Endangered, I. hosakae is found
           on the island of Hawaii (the "Big Island"). This woody
           shrub, a member of the violet family (Violaceae), grows
           up to 30 inches (76 cm) in height. It has narrow, lance-
           shaped leaves and small flowers that are yellowish-green
           to white in color. This species is one of four in the genus
           Isodendrion, which is endemic to the Hawaiian Islands.

           About 275 individuals grow on three volcanic cinder                                                cones in the Waikoloa area of the South Kohala District.
           All three sites are on privately owned land. The greatest
           immediate threat to I. hosakae is browsing and habitat
           disturbance by domestic cattle. Feral pigs also have been
           observed in the area and their rooting may pose
           additional problems for this species, as it does for many
           other Hawaiian plants. On several occasions in the past,
           the entire area has been leased on a temporary basis to
           the U.S. Army for ground troop training exercises. Such
           military activities could pose an additional threat, as
           could range fires during the dry season.


The dwarf Illau (wilkesia hobdyl) branches form its base and grown to about 2 feet (60 cm) in height.  Whorled tufts of narrow leaves grow at the top of each branch.  Cream-colored flowers about 0.75 inch (2 cm) across are borne in clusters up to 18 inches (45 cm) long.


Page 16









                                                                                                                                                               OEQC BULLE11N
                                                                                                                                                                    Apria 8, 1990


                                                                 FARTH DEEMEARTH THOUGHTS

         In celebration of Earth Day's twentieth anniversa?y on April 2Z 1990, the Ofrice of Environmental Quality Control would like to
         share some *Earth Deeds' and *Earth Thoughts" submitte4 to our office, by the caring people of HawaiL OEQC is dedicated to
         infornt and educate the people of these beautiful islands, of how they can help to clean up and preserve our special `paradise.'


                     ENERGY                                                   Purchase durable goods.                            - Use radial tires and check tire
                                                                              Reduce consumption.                                pressure once a week.
                     - When purchasing a home, check for                      Use mugs instead of         papers or              - Adhere to posted speed limits, don't
                     its energy efficiency.                                styrofoam cups.                                       speed.
                     - Avoid air conditioning as much as                   - Use cloth napkins instead of paper                  - Don't accelerate quickly from a dead
                     possible.                                             napkins.                                              stop, drive smoothly slow down
                     - Insulate the water heater and pipes,                - Cut down on the use of disposable                   gradually.
                     rum down the thermostat to 120                        chopsticks.                                           - Plan ahead and combine activities to
                     degrees.                                              . Use metal utensils instead of                       minimize excessive driving.
                     . Use a clothesline rather than a                     disposable wood and plastic knives                    - Plan trips carefully, choosing
                     dryer.                                                and forks.                                            shortest route, avoid congestion.
                     - If a clothes dryer is used, keep the                - Double side photo copies.
                     lint screen clean.                                    - Recycle envelopes and papers.                       TOXIC        SUBSTANCES              AND
                     . Purchase only high efficiency                       - Use cloth diapers.                                  P0LLU`rANTS
                     electrical appliances.
                     . Use low waa light bulbs or                          FOOD                                                   Avoid buying clothes requiring dry
                     fluorescent lights.                                                                                         cleaning and dry clean only when
                       Use a solar water heater.                              Eat lower on the food chain-                       necessary.
                       Ask the electrical utility company                  vegetables, fruits, grains, tofu.                     - Do not use aerosol and other
                     for information on ways to cut down                      use leftovers.                                     products using CFCs as propellants.
                     on electricity.                                          Purchase locally grown food.                       Better yet, avoid using aerosol
                       Plant trees around the house.                          Encourage markets to stock locally                 products.
                       Strive to cut 20% off your individual               grown produce.                                        - Support legislation requiring system
                     electrical consumption by monitoring                  - Read labels carefully on food                       for collecting and recycling CFC in
                     monthly* electrical bills.                            pmducts and purchase food products                    refrigerators and air conditioners.
                     - Purchase electrical tools and                       which have not been processed                         - Read labels on all products, buy and
                     appliances only when hand operated                    extensively.                                          use the least toxic products available
                     tools are no, available,                              - Purchase organically grown food                     or use non harmful substitutes.
                                                                           and support legislation for organic                   - Use natural pest control products
                     WATER                                                 labeling.                                             for insect control.
                                                                              Grow a vegetable garden.                           - Support le&lation which encourage
                     - Repair all leaks and pipes,                            Plant fruit trees.                                 and    help     industry     to     modify
                     - Use water-efficienE washing machine                    Share food with others.                            manufacturing processes to reduce,
                     and dishwasher.                                          Support efforts to preserve heirloom               recycle or eliminate the use of
                     - Collect rainwater and use rainwater                 vegetable and fruit species.                          hazardous chemicals.
                     for irrigation.                                       - Support formation of seed banks                     - Be aware of the toxk chemicals in
                       Use plants adopted to your micro-                   and seed exchange programs to                         your neighborhood.
                     climatic conditions.                                  preserve Vnedc diversity.                             . Prx)periy dispose. of prescription
                       Use plants requiring little or no                   - Be aware of how production of our                   drugs and household chemicals.
                     water.                                                food affects the environment.                         - Be aware of poisonous plants.
                     - Install ultra low flush toilets using                  Fast for a day.                                    - Be aware of hazardous substances
                     60% - 90% less water than                                Participate in programs concerned                  and conditions in your workplace.
                     conventional toilets.                                 with world hunger issues.
                     . Take showers, less than S minutes,                                                                        LIFESTYLE/ENVIRONM ENTAL
                     not baths.                                            TRANSPORTA'110N                                       ETHICS
                     - Turn off faucets, do not run water
                     when not being actively in use for                    - Use public transportation whenever                  - Satisfy vital needs rather than
                     shaving, brushing teeth, handwashin&                  possible.                                             desires.
                     etc.                                                  - Walk or use a bicycle.                              - Appreciate and respect all life forms
                       Use water efficient shower heads                    - 3oin a car pool.                                    from the bacteria to the cockroach,
                     and sink faucets.                                     - Purchase only fuel efficient cars, try              not only those considered beautiful or
                                                                           for 35 MPH.                                           useful.
                     WASIT REDUCI"ION/RECYCLlNG                            - Maintain your car, tune ups and oil                 - select and choose meaningful work
                                                                           change.                                               rather than jusr making a living.


                                                                                          PAGE 17



      10EQC -BUU..E-171N
      ,A,ril 8,      IM
                       Be concerned about the plight of
                     the developing countries.                                POSTER OFFERED FOR EARTH DEEDS
                     . Appreciate our rich ethnic and
                     cultural differences.
                     - Try to simplify our daily living and
                     avoid what is new merely because it
                     is new.
                     - Join and participate in the activities
                     of    environmentally        concerned
                     organizations.                               'WHAT CAN PEOPLE 00 TO HELP OUR ISLAND ENVIRONMENT?
                       Replace stress in your life, have fun        WHXr THINGS. SMALL OR LARGE. ARE YOU DOING TO SPJE THE
                     and appreciate the wonders of nature.          ENVIRONMENT?*
                     - Don't purchase products made from
                     endangered species of plants, animals
                     or products made from over exploited
                     species (reptiles, tortoise shells, Ivory,   The State Office             of Environmental Quality Control wants
                     fur) -                                       answors to those              two questions.             OEQC wants to find out how
                     - Avoid using wood from tropical
                     rainforests unless you are certain that      you are trying to             help the environment by asking you for
                     sustainable aft faming practices             your Earth Thoughts and Earth Deeds.
                     have been used.                              Examples of Earth Deeds and Earth Thoughts would Include:
                     - Plant trees and shrubs.                    recycling plastic bags. using solar water beaters, using
                       Encourage environmentally sound            fans Instead of air Conditioners, asking for paper bags
                     practices at your workplace.                 Instead of plastic at supermarkem planting native plants.
                     - Purchase products froin companies          walking when possible Instead of using the car.
                     that don't pollute, damage the
                     environment, use animal testing or           The effort by OEQC to find out how Individuals are trying to
                     use toxic substances in their products.      help the environment ties In with the 20th Earth Day
                     - Purchase stocks from companies             Celebration In April.                Ropiles chould be addressed to Earth
                     who e;tablished environmental goals-         Deeds/Earth Thought, Office of Environmental Quality
                                                                  Control. 466 South King Street. Room 104, Honolulu. Hawaii.
                                                                  96813.

                                                                  As a 'Mahalo* for your concern* and comments. an
                                                                  environmental poater will be sent to Individuals who submit
                                                                  the attached Coupon:


                                                                                                             ?&11 to-
                                                                                                             Earth Deed&Moushts, OEQC-Room 1041,
                                                                                                             465 South King St.,
                                                                                                             Honolulu, Hawari, 96813

                                                                                                             Earth Thought: I think the enViTonment would
                                                                                                             be improved ff




                                                                                                             Earth Deed: To help the environment I




                                                                                                             Please send my poster to:
                                                                                                             (Name)

                                                                                                             (Address)

                                                                                                             (City/State)
                                                                                                                                                 A94&-














                                                                                                             (zip)



                                                                                       PAGE 18


Pursuant to Section 13-222-12, Hawaii Administrative Rules
entitled "Shoreline Certification"


Date:  April 8, 1900
Number:  90-07

NOTICE OF APPLICATION:  Application available for inspection at
District Land Offices on the islands of Kauai, Hawaii and Maui and at
Room 220, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu


LOCATION

 ) Shoreline boun-
dary fronting
Hookipa Park
(Hamakuapoko,
Makawao, Maui)

6) Lot 30 Block 1
Milolii Beach
Lots Subdiv.
(F.P. 789) Por.
of Grant 3723 to
J.M. Monsarrat
at Papa 2nd
(S. Kona, Hawaii)

 ) Area 13-A & 13-B
Being a Por. RP
6856, L.C. Aw.
7713, Apana 6 to
V. Kamamalu
(Kahuloo, North
Kona, Hawaii)

8)  Lot 72, Puako
Beach Lots
(H.T.S. Plat
414-B) (Lalamilo,
S. Kohala,
Hawaii)


APPLICANT
Page 2 (continued)

Dept. of Parks and
Recreation, County of
Maui for State of 
Hawaii (County of
Maui) Exec. Ord. No.
1198

West Thomas & Assoc.,
Inc. for Douglas Strom

Towill, Shigeoka and
Associates, Inc. for
B.P. Bishop Estate

Wes Thomas & Assoc.,
Inc. for Andrew R.
Main


TAX MAP KEY

2-5-04:25

8-8-06:08

7-8-13:02, 43

6-9-03:11


DATE RECEIVED

3/22/90

3/22/90

3/27/90

3/28/90


Comments on application may be made in writing to the State Land Surveyor
at Room 210, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu
within fourteen (14) days of this notice.


Department of Land and Natural Resources
1151 Punchbowl Street, Room 220
Honolulu, Hawaii  96813
Tel.  548-6460

Page 20










                Pursuant to Section 13-222-12, Hawaii Administrative Rules
                             entitled 'Shoreline Certifications
                                     Rril-     T      Number: 90-07

        NOTICE OF APPLICATION:    Application available for inspection at
        District Land offices on the islands of Kauai, Hawaii and Maui and at
        Room 220, Kalanimoku. Building, 1151 Punchbowl Street, Honolulu, Oahu

        LOCATION            XPPLICANT                TAX MAP KEY           DATE RECEIVED
                           Page 3 (continued)
       Lot 3, Ld. Ct.      Charles M. Busby,          5-4-17:01             3/29/90
       App. 1867 (Map      P.E., For Cecilia K.
       2) (Kawelar         Kamakana
       molokai)
       Lot A Being   All   Charles M. Busby,          5-6-01:29             3/29/90
       of-RP 3178,   L.C.  P.E., for Lani
       Aw. 51-47, Apan     Blissand
       2 to Kaiu (Uala-
       pue, holoxai)
   1)  Lot 21-A of         Wes Thomas & Assoc.,       7-8-14:78             4/2/90
       Kahaluu Beach       Inc. for Jerry Morey
       Lots Being a Por_
       of RP 6856, L.C.
       77-13,Ap. 6 to
       V. Kamamalu
       TK-ahaluu, North
       Kona, Hawaii)
   2)  Lot 1 & 2 on Map    Wes Thomas & Assoc.,       7- 7 - 0 42 5         4/3/90
       2 of Ld. Ct.        Inc. for First Haw1n
       App. 1105           Bank Trustee of the
       (Holualoa 3rd,      Barbara Lyman Trust
       N. Kona, Hawaii)
  13)  Lot 31, Ld. Ct.     A Surveyor for James       4- 4- 2 1 : 36        4/3/90
       -App. 614, map 8    Schmit, Pamela D.
       at Malae            Ross, Charles J.W.
       7-Kaneobe, Koolau-  Chamberland, Thomas
       poko, Oahu)         Sellers and Cheryl
                           Sellers


                         **** ..........................................
         Comments on application may be made in writing to the State Land Surveyor
         at Room 210, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu
         within fourteen (14) days of this notice.

                            Department of Land and Natural Resources
                                 1151 Punchbowl Street, Room 220
                                     Honolulu-, Hawaii   96813
                                           Tel. 548-6460
                                           Page 21







                                             A-      N,


                Pursuant to Section 13-222-12# Hawaii Administrative Rules
                            entitled aShoreline Certification%
                         FD-ate:_April 8, 199()     Number:  9-0 - @O7

        NOTICE OF APPLICATION: Application available for inspection at
        District Land Offices on the islands of Kauai, Hawaii and Maui and at
        Room 220, Kalanimoku. Building, 1151 Punchbowl Street, Honolulu, Oahu

        LOCATION           APPLICANT               TAX MAP KEY          DATE RECEIVED
                          Page 4 (continued)
  14)  Por. of Grant      DJNS Surveying and        5-3-06:4.1           4/3/90
       1308    Aikaula,   Mapping, Inc. for
       Lot 2, Haleaha     Gloria Antoku
       Beach Lots, F.P.
       230 (Haleahal
       To-olauloa, Oahu)
























         Comments on app ica ion may be made in writing to the State    Land Surveyor
         at Room 210, Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu
         within fourteen (14) days of this notice.

                           Department of Land and Natural Resources
                               1151 Punchbowl Street* Room 220
                                    Eonolulu4 Hawaii 96813
                                         Tel. 548-6460
                                         Page 22




                              PUBLIC k0"IFICL

                Pursuant to Section 13-222-12, Hawaii Administrative Rules
                             entitled 'Shoreline Certifications

                           Date: April 8, 1990        Number:

      NOTICE OF APPLICATION: Application available for inspection at District
      Land offices on the islands of Kauai, Hawaii and Maui and at Room 220,
      Kalanimoku Building, 1151 Punchbowl Street, Honolulu, Oahu


                       NOTICE OF SHORELINE CERTIFICATION OR REJECTION


                                                                     DATE CERTIFIED (C)
      LOCATION             APPLICANT              TAX MAP KEY           OR REJECTED (R)
     Lot 18 and          Cummins & Cummins          5-9-20:39, 40          3/3/90(R)
     Shor   ne Front-    for Robert Scurich
     ing Lots 18 and
     19 of Sunset
     Beach Lots (F.P.
     256) (Pupukea,
     To--oTauloa, Oahu)
     Lots L and 108      ControlPoint Surveying 6-8-11:44                  3/13/90(C)
     Mokuleia Beach      and Engineering, Inc.
     Subdiv., F.P.       for Toshio Masuda
     863 (Kamananui,
     W@aialua, Oahu)
     Lot *As Being       Agor Latham Architect      2-6-03:15              3/23/90(C)
     Por. of RP 4512,    for John Trenary
     Mahele Award T@-
     to J.Y. Kanehoa
     at Kukuiula
     (Koloa, Kauai)
     Ld. Ct. App. 677 Walter P. Thompson             4-3-13:33             3/23/90(C)
     Subdiv. of Lot      Inc. for WGB, Inc.
     = on Map 254
     into Lots 1110-
     A and 1110-B
     T-K-a@ilua, Koolau-
     poko, Oahu)







                       ........................................
         APPEAL may be made to the Department of Land and Natural Resources in
         writing within twenty (20) days of the date of this notice:

                          Department of Land and Natura Resources
                               1151 Punchbowl Street, Room 220
                                    Honolulu# Hawaii 96813
                                         Tel. 548-6460
                                            Page 23


Page 2 (continued)

 )  Lot 601 of Ld.
Ct. App. 1089
(Kamananui, 
Waialua, Oahu)

6) 3061 Kalakaua
Ave. (Waikiki,
Honolulu, Oahu)

7) Outrigger Canoe
Club, Lot 3 of
Ld. Ct. App.
351, Kapiolani
Park (Waikiki,
Honolulu, Oahu)


Harry K. Matsuo for
William I. Ellison III

A Surveyor for
Yoshihisa Shoshihara

ControlPoint Surveying
and Engineering, Inc.
for Outrigger Canoe
Club


6-7-14:26

3-1-33:02

3-1-32:31


3/23/90(C)

4/6/90 (C)

4/6/90 (C)


APPEAL may be made to the Department of Land and Natural Resources in
writing within twenty (20) days of the date of this notice:


Department of Land and Natural Resources
1151 Punchbowl Street, Room 220
Honolulu, Hawaii  96813
Tel. 548-6460


Page 24


466 SOUTH KING STREET KEKUANADA BUILDING #104 HONOLULU, HAWAII 96813

OEOC
BULLETIN


BULK RATE
U.S. POSTAGE
PAID
Honolulu, HI
Permit No. 1502


DBED
Coastal Zone Management Program


NOTICE OF
PROPOSED ACTION
BY THE
HAWAII STATE
DEPARTMENT OF HEALTH
SECTION 401 WATER QUALITY
CERTIFICATION
PUBLIC NOTICE
89-CW-WQC-5

November 6, 1989

The Hawaii State Department of Health, Envi-
ronmental Mangement Division, is issuing the
following notice of porposed action under the Clean
Water Act and Chapters 91, 92 and 342D, Hawaii
Revised Statutes.

The Department has received a complete appli-
cation for a Section 401 Water Quality Certification
and has prepared a tentative determination regard-
ing the certification.  This Section 401 Water Quality
Certificatioin is for the permitted activity under the
U.S. Army Corps of Engineers (COE), Section 404
Permit Program of the Clean Water Act of 1977.

On the basis of preliminary review of the re-
quirements of the Clean Water Act and 40 Code of
Federal Regulations, Part 121, the Director of
Health proposes to issue a Section 401 Water
Quality Certification to the following applicant,
subject to the following conditions:

Island Power Company, Inc.
P.O. Box 625
Kalaheo, Kauai, Hawaii

Bonneville Pacific Corporation, as agents
820 Mililani Street, Suite 712
Honolulu, Hawaii  96813

Contact Person: Clark Mower or Dean R. Anderson
Telephone No: (801) 363-2520 or (808) 599-5222

Project Name and Location:  Construction of Upper
Wailua River Hydroelectric Power Project Ma-
heo Stream, North Fork Wailua River, Wailua,
Kauai, Hawaii

The applicant proposes to construct and operate
a hydroelectric power plant as a "run of the river"
project in the Wailua River Basin - 7 miles north-
west of Wailua, Kauai, Hawaii, for the purpose of
generating electricity for sale to Kauai Electric
Company.  The proposed Upper Wailua Hydroelec-
tric Project would divert between 8 and 48 cubic
feet per second (cfs) of sugarcane irrigation water
from the Hanalei Tunnel outlet, by means of a
concrete diversion weir, through a buried pressure
penstock (approximately 8,925 feet long - varying in
diameter from 48 to 32 inches) to a 1.26 megawatt
power house sited on the west bank of Maheo
Stream (approximately 200 feet upstream of its
confluence with the North Fork Wailua River).
After passing through the power house turbine
generator, uncontaminated irrigation water would
be returned to Maheo Stream via a 50 foot long
tailrace.

The project feature evaluated by this certifica-
tion is limited to:

1.	The discharge of pollutants associated with
construction of a concrete diversion weir (ap-
proximately 5 feet high; 30 feet across; 1,210
feet above mean sea level (msl) and electrical
power plant (approximately 40 feet wide; 40
feet long; 20 feet high; 710 feet msl); and

2.	The discharge of up to 48 cfs of irrigation
water, via the proposed 50 foot long tailrace,
into Maheo Stream during operation of the
power plant.


Of concern are the following State water quality
parameters:

During construction in Maheo Stream:  Total
Suspended Solids, Turbidity; and

During operation of the power plant (i.e.
discharge of irrigation water into Maheo
Stream):  Turbidity, Temperature, Dissolved
Oxygen.

Maheo Stream is classified by the Department of
Health as Class 2 Inland Water Body.

In accordance with State of Hawaii, Department
of Health, Administrative Rules, Title II, Chapter
54, Water Quality Standards, Section 11-54-03(b)(4):

The objective of Class 2 waters is to protect
their use for recreational purposes, propaga-
tion of fish and other aquatic life, agricultural
and industrial water supplies, shipping, navi-
gation and propagation of shellfish.  The uses to
be protected in this class of waters are all uses
compatible with the protection and propaga-
tion of fish, shellfish and wildlife and with
recreation in and on these waters.  These
waters shall not act as receiving waters for
any discharge which has not received the best
degree of treatment or control compatible
with the criteria established for this class.  No
new sewage discharges shall be permitted
within estuaries.  No new industrial discharges
shall be permitted within estuaries, with the
exception of acceptable non-contact thermal
and floating drydock or marine railway dis-
charges within Pearl Harbor, Oahu.

The application package is deemed to be com-
plete and the required $100.00 filing fee has been
paid to the State of Hawaii.  Therefore, based on the
Section 401 Water Quality Certification application
and supporting information, it is recommended that
a Section 401 Water Quality Certification be issued
for the subject discharge activity pending public
participation via this public notice of proposed 
action.

Conditions of the Section 401 Water Quality
Certification:

1.	The granting of a Section 401 Water Quality
Certification shall be limited to the dis-
charge of the following materials into the
Class 2 waters of Maheo Stream, North
Fork Wailu River;

a.	concrete diversion weir and intake struc-
ture; and

b.	sugarcane irrigation water.

2.	The applicant shall insure that:

a.	project activities associated with the "dis-
charge(s)" shall be conducted according
to good engineering management practic-
es that will provide reasonable assurance
that the applicable State Water Quality
Standards will not be violated;

b.	construction debris and any other delete-
rious material(s) shall be ocntained and
prevented from entering state waters;

c.	material(s) to be placed in state waters
shall be free of waste metal products, 
organic materials, objectionable debris
and any pollutants at toxic or potentially
hazardous concentrations to aquatic life;
and

d.	best judgement shall be used in determin-
ing the necessity for implementation of
provisionally approved U.S. Army Corps
of Engineers methods (silt curtains, sand
bags, cofferdams, sedimentation ponds,
flow diversion, etc.) to isolate the con-
struction activities and prevent degrada-
tion of existing receiving water quality.

3.	The applicant shall conduct water quality,
discharge character and/or biological mon-
intoring in accordance with their monitoring
plan received May 19, 1989.


















                                     NOTICE OF PROPOSED ACTION


                                              BY THE
                                                                                 p PLANNiNG
                                                                     OFFICE OF sTAT.
                                    STATE DEPARTMENT OF HEALTH

                        NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND

                                          ZONE OF MIXING


                                            90-CW-PW-3

                                          APRIL 20, 1990

                The State Department of Health, Environmental Management Division, is

          issuing the following notice of proposed action under the Clean Water Act,

          Chapter 3420, Hawaii Revised Statutes, and Chapters 11-54 and 11-55,

          Administrative Rules, Department of Health.

                The Department of Health has received complete applications for National

          Pollutant Discharge Elimination System (NPDES) permits and applicable Zones of

          Mixing. However, the Department of Health was unable to complete the

          processing of the applications prior to the NPDES permits and applicable Zones

          of Mixing expiration dates. The U.S. Environmental Protection Agency, Region

          9 requested the incorporation of the State Water Quality Standards and

          toxicity testing into the NPOES permits. Therefore, in accordance with

          Section 3420-6(d), Hawaii Revised Statutes, has administratively extended the

          NPDES permits and Zones of Mixing.  Following the resolution of the Water

          Quality Standards and toxicity testing issues, the Department of Health has

          prepared tentative determinations regarding the NPDES permits. The

          corresponding requested Zones of Mixing have been also incorporated into the

          proposed NPDES permits.

                On the basis of preliminary review of the requirements of the Clean

          Water Act, Chapter 3420, Hawaii Revised Statutes, and Chapters 11-54 and













                                                   2


             11-55, Administrative Rules, Department of Health, the Director of Health

             proposes to issue NPDES permits and applicable Zones of Mixing to discharge to

             the following applicants, subject to certain effluent limitations and special

             conditions:

             Hawaiian Electric Company

             P.O. Box 2750

             Honolulu, HI 96840

             KAHE GENERATING STATION

             NPOES Permit No. HI 0000019

             Zone of Mixing No. ZM-21

                   The applicant operates a steam electric power generating facility

             located at 89-900 Farrington Highway.  Six (6) production units (air

             preheater/boiler/steam turbine generator/condenser) operate in pairs, having a

             total rated generating capacity of 638 megawatts.  Once through condenser

             cooling water for the generating units and cooling water for pumping units are

             combined into a transition basin then discharged into 'the Pacific Ocean

             through Outfall Serial No. 001 at a designed maximum rate of 861 MGD.    In

             addition to the once through cooling water, Low Volume Wastes (LVW) (daily

             maximum flow of 0.27 MGD) and treated intermittent non-hdZdrdous Metal'

             Cleaning Wastes (MCW) (daily maximum flow bf 0.35 MGD) are also discharged

             through Outfall Serial No. 001. The outfall discharge from the facility

             enters the Pacific Ocean, a "Class A" open coastal water, at coordinates:

             Latitude 21*21124.8"N; Longitude 158*08'07"W, 750 feet offshore at the depth

             of 27 feet.  The beneficial use of Class A open coastal waters include

             recreation, aesthetic enjoyment, the protection and propagation of fish,

             shellfish, and wildlife.













                                                 3


                 The applicant also requested that the existing Zone of Mixing for the

            assimilation of once through cooling water, LVW, and treated non-hazardous MCW

            from the Kahe Generating Station be granted. The proposed Zone of Mixing is

            in an area of approximately 455 hectares (1,125 acres) bounded by a square

            with sides of 2,134 meters (7,000 feet) in length offshore and alongshore,

            centered alongshore on a point between the shoreline discharge and intake

            structures at a depth of 27 feet. The proposed NPDES permit and Zone of

            Mixing will expire on May 31, 1994.

            PACIFIC SEA FARMS


            P.O. Box R

            Laie, HI 96762

            NPOES Permit No. HI 0021059

            Zone of Mixing No. ZM-263

                 The Pacific Sea Farm facility is located on the northern shores of Oahu

            near the abandoned Kahuku airfield.  The plant consists of 32 operating

            raceways, eight (8) ponds, and a hatchery of eight (8) raceways and 16 tanks.
            Three (3) source wells provide up to 33.6 MGD (1.34 m3/sec) of brine water to

            the aquaculture farm.  Discharge is by a constructed lined canal which drains

            into state designated Class A waters of the Pacific Ocean.

                  The applicant also requests a Zone of Mixing for the assimilation of

            concentrated aquatic feeding facility process water.  The proposed Zone of

            Mixing dimensions are a rectangle, extending 4,000 feet northwesterly and

            1,500 feet southeasterly from the point of discharge (Latitude 21042'07"N,

            Longitude 157*57'33"W) and extending 2,500 feet offshore.  The Zone of Mixing

            shall extend vertically from the surface to the ocean floor.














                                                 4


                 NPOES Permit No. HI 0021059 and Zone of Mixing No. 263 were issued to
  lit      Marine Culture Enterprises on November 1, 1984.  The NPOES permit and Zone of

           Mixing expired on October 31, 1989.  During the term of the permit, Marine

           Culture Enterprises reorganized under the new name of Pacific Sea Farms, Inc.

           The permit was modified to reflect the reorganization on June 30, 1988.   On

           June 23, 1989, Pacific Sea Farm reapplied for an NPOES permit and on

           November 2, 1989 the Department administratively extended the existing permit.

           The proposed NPDES permit and Zone of Mixing will expire on October 31, 1994.

           U.S. Navy

           Fort Kamehameha WW`TP


           PACNAVFACENGCOM

           Pearl Harbor, HI 96860

           NPDES Permit No. HI 0110086

           Zone of Mixing No. ZM-257

                 The Fort Kamehameha. WWTP is operated by the U.S. Navy. It provides

           secondary wastewater treatment to Naval housing and industrial operations at

           Pearl Harbor, and to Air Force housing and industrial operations at Hickam Air

           Force Base.  Wastewater is also contributed by Army housing at Fort

           Kamehameha, the Hawaii Air National Guard, and the Marine Corps Camp Smith.

                 The total population served is in excess of 50,000.  The design flow of

           the treatment plant is 7.5 MGD, with a peak of 23 MGD.  The application, dated

           August 22, 1988, reports an average flow of 5.47 MGD, but recent Discharge

           Monitoring Reports indicate monthly average flows over 8 MGD. The plant is

           therefore already operating over its design capacity, although its compliance

           history with secondary treatment limits is very good.

                 Influent is weak, averaging about 100 mg/l BOD and suspended solids.












                                                 5


           Major non-domestic flows include the Ship Wastewater Collection Ashore System

           (SWWCA), serving the Pearl Harbor docks, the Shipyard Control Industrial Area,

           and the Naval laundry at Aiea.  The total number of non-domestic dischargers

           to the system is over 200. The effluent is chlorinated with an average

           concentration of 1.8 mg/l.

                 The effluent is discharged through a submerged outfall to the Pearl

           Harbor Entrance Channel. The outfall is 1,700 feet long and discharges at a

           depth of approximately 40 feet. The proposed permit and Zone of Mixing will

           expire on February 28, 1993.

                 Persons wishing to comment upon or object to the proposed determinations

           by the Director of Health regarding issuance of the NPDES permits and

           applicable Zones of Mixing or request a hearing pursuant to Sections

           11-54-09(c)(4) and 11-55-13, Administrative Rules, Department of Health,

           should submit their comments or request in writing no later than

           May 21, 1990 either in person or by mail, to:

                       Office Address


                 State of Hawaii

                 Department of Health

                 Environmental Management Division

                 Clean Water Branch

                 Five Waterfront Plaza, Suite 250

                 500 Ala Moana Boulevard

                 Honolulu, Hawaii 96813

                 Telephone: (808)543-8309

                 Contact: Mr. Steven Y.K. Chang













                                                 6



                       Mailing Address

                  State of Hawaii

                  Department of Health

                  Environmental Management Division

                  Clean Water Branch


                  P.O. Box 3378
                  Honolu"lu, Hawaii 96801

                  Copies of the draft NPDES permits, applicable Zones of Mixing, fact

           sheets, if required, and other information on file are available for public

           inspection, Monday through Friday (excluding holidays) from 7:45 a.m. until

           4:15 p.m., at the Department of Health address shown above.  A charge will be

           assessed for copies.

                  Further information may be obtained by writing to the Department of

           Health at the above address.

                  All comments or objections received no later than comment period May 21,

           1990 will be considered in the formulation of the final determinations

           regarding the applications. A hearing may be held upon submission of a

           written request if the Director of Health determines that there is significant

           public interest to meet the requirements of Sections 11-54-09(c)(4) and

           11-55-13, Administrative Rules, Department of Health.  A public notice of such

           hearing will be issued not less than 30 days prior to the hearing date.

                  If no hearing is held and the determinations of the Director of Health,

           after consideration of all comments and objections, are substantially

           unchanged from the tentative determinations, the NPDES permits and applicable

           Zones of Mixing will be issued and this action will be final.

                  Please bring the foregoing notice to the attention of all persons whom













                                                 7


          you know would be interested in this matter.

                                                     JOHN C. LEWIN, M.D.

                                                     Director of Health













































                                                                                   P0307EC












                                                                                    L


                                                                                 Q 1. 4 0


                                                                                                -WIN. wo.
      JOHN WAINEE                                                                              71E
     GOVERNOR Of HAWA14                                                                    OinFCTOR OF HEALTH


                                           STATE 0F HAWAII

                                          DEPARTMENT OF HEALTH

                                                 P. 0. BOX 3370
                                              HONOLULU. HAWAII 96801                 In reply. Please refer to:
                                          NOTICE OF PUBLIC HEARING                       EPHSO/EPB
                                                    BY THE
                                      HAWAII STATE DEPARTMENT OF HEALTH
                              NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

                                             JANUARY 13, 1989
                                                89-EP-PW-1


            Date of Public Hearing: Wednesday, February 15. 1989

            Time:                     2:00 p.m.

            Place:                    Kinau Hale Board Room (3rd Floor)
                                      State Department of Health Building
                                      1250 Punchbowl Street
                                      Honolulu, Hawaii


                 The Hawaii State Department of Health, Environmental Protection and Health
            Services Division, is issuing the following notice of proposed action and
            public hearing under the Clean Water Act and Chapters 91 and 342, Hawaii
            Revised Statutes.

                 The Department has received complete application for National Pollutant
            Discharge Elimination System (NPDES) permit.       However, the Department was
            unable to complete the processing of the application, prior to the NPDES permit
            expiration date. The U.S. Environmental Protection Agency, Region 9 requested
            the incorporation of State Water Quality Standards and toxicity testing into
            the NPDES permit.     Therefore, in dccorddnce with Section 342-6(e), Hawaii
            Revised Statutes, the Department has administratively extended the NPOES
            permit.   Following the resolution of the Water Quality Standards and toxicity
            testing issues, the Department has prepared tentative determinations regarding
            the permit and issued a notice of proposed action on October 28, 1988, 88-EP-
            PW-3, in The Honolulu Advertiser.          The public hearing is being held as
            requested by the Hawaii Freshwater Fishing Association to consider the issue
            raised regarding the operation of the treatment facility.

                 On the basis of preliminary review of the requirements of the Clean Water
            Act, as amended, Chapter 342, Hawaii Revised Statutes, and Chapter 11-55,
            Administrative Rules, the Director of Health proposes to issue an NPOES permit
            to the following applicant, subject to certain effluent limitations and special
            conditions:













                                                      2



             CITY AND COUNTY OF IiONOLULU
             DEPARTMENT OF PUBLIC WORKS
             650 SOUTH KING STREET
             HONOLULU, H1 96813

             WAHIAWA SEWAGE TREATMENT PLANT (STP)
             Ill CALIFORNIA AVENUE
             WAHIAWA, OAHU, HI 96786
             NPDES PERMIT NO. HI 0020125


                  The applicant operates a secondary treatment facility which has a design
             capacity of 2.49 MGD and serves to provide treatment for domestic wastewater
             collected from the populace (currently 17,202) residing in the town of Wahiawa,
             Oahu.  Currently, approximately 1.43 MGD of treated effluent is discharged via
             the Wahiawa STP OUtfdll Sewer into the South Fork of Kaukonahud Stream, Wahiawa
             Reservoir (Lake Wilson) at coordinates:           Latitude 21029137"N; Longitude
             158002'34"W.   The Wahiawa Reservoir is classified as a "Class 211 inland water
              n which the uses to be protected include limited non-contact recreational
             purposes, propagation of fish, and agricultural water supply.         The proposed
             piermit will expire on March 1, 1992.

                  All interested parties are invited to be present or represented at the
             hearing to express their views on the proposed issuance of this permit.

                  Persons wishing to comment upon or object to the proposed determinations
             may submit same in writing and/or appear at the public hearing.             Written
             comments should be submitted no later than February 15, 1989, either in person
             or by mail, to:

                       Office Address
                  State of Hawaii
                  Department of Health
                  Environmental Protection and
                    Health Services Division
                  Environmental Permits Branch
                  AMELCO Building, 3rd Floor
                  645 Hdlekauwild Street
                  Honolulu, Hawaii 96813
                  Telephone: (808)548-6410
                  Contact: Mr. Steven Chang

                       Mailing Address
                  State of Hawaii
                  Department of Health
                  Environmental Protection and
                    Health Services Division
                  P.O. Box 3378
                  Honolulu, Hawaii 96801












                                                        3


                   Copies of the application, proposed permit, fact sheet, if required, and
             other information on file are available for public inspection, Monday through
             Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the Department
             of Health address shown above. A charge will be assessed for copies.

                   Further information may be obtained by writing to the Department of Health
             at the above address.

                   Oral Statements may be received and considered, but for accuracy of the
             record, all important testimony should be submitted in writing.                    Oral
             statements should summarize extensive written material so there will be time
             for all interested persons to be heard.         It is requested, but not required,
             that sufficient copies of written material be produced so other interested
             persons may receive a copy and it will not be necessary for written material to
             be read at length.

                   All comments or objections received no later than February 15, 1989,
             and/or presented at the public hearing will be considered in the formulation of
             final determinations regarding the application.        Following the public hearing,
             the Director may make appropriate modifications in the terms and conditions of
             the proposed permit and shall issue or deny the permit.             The Director will
             provide notice of such issuance or denial to any person who participates in the
             public hearing and any other person who requests to be placed on a mailing
             list.    The notice will briefly indicate any significant changes from the
             tentative determinations and draft permit.

                   The permit will be issued by the Director unless he grants a written
             request for an adjudicatory hearing.      Requests for an adjudicatory hearing must
             be filed within twenty (20) days following the notice of issuance, and must
             meet the requirements of Chapters 91 and 342, Hawaii Revised Statutes.                 A
             public notice of any such adjudicatory hearing will be issued not less than
             thirty (30) days prior to the hearing date.           If no adjudicatory hearing is
             requested, the permit will be issued or denied, as appropriate, and this action
             will be final.

                   Any person with a hearing impairment desiring to attend the hearing may
             request the assistance of a sign language interpreter provided such request is
             made 72 hours prior to the scheduled hearing.          This request may be made by
             writing to the Environmental Permits Branch or by calling 548-6410 (voice) or
             548-6210 (TDO).

                   Please bring the foregoing notice to the attention of all persons whom you
             know would be interested in this matter.

                                                                    JOHN C. LEWIN, M.D.
                                                                    Director of Health



 I
 i
 I
 I                                  I
 i
 I
 I
 I
 I
 I                               Appendix D
 I       Monitoring Guidance from OCRM and
 I                   Federal CZM Act of 1972
 i
 I
 I
 I
 I
 I
 I







                                              UNITED STATES DEPARTMENT OF COMMERCE
                                              National Oceanic and Atmospheric Administration
                                      @Tl     NATIONAL OCEAN SERvICE
                                      r4rcs Of OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT
                                              Woihmngto@, D.C. 20235


                                                    12 19X


                                                                  JUN
         TO:       State Program Managers                    UU1
         FROM:  ;@@ames P. Burg,0@_@, Chief                    OFFICE OF STATE PLANNING
                   Coastal Programs Division                            31
         SUBJECT: 1990-1991 Performance Report Guidelines

         The performance report guidelines for 1990-1991 have been revised
         from the August 17, 1989 guidance. The guidelines remain divided
         into three sections:

              Section A - status of grant;
              Section B - status of state permits, Federal consistency,
              and program changes; and
              Section C - annual report.

         No changes were made to Section A.

         The only change made to Section B was'adding a column to two
         Federal consistency charts to indicate the date that the
         consistency notification or application was received from the
         Federal agency or applicant.    In order to compile a national
         database on Federal consistency, it is critical that all the
         information requested in the Federal consistency charts is
         submitted. We strongly urge that the consistency data be
         presented in the same format as contained in the Section B
         charts. However, the information may be displayed in some other
         form, as long as it is easily interpreted..

         After reviewing the responses to last year's Section C annual
         reports, several report questions were revised. some questions
         were eliminated, while others were added or clarified. The
         questions with an asterisk (*) are one-time questions frozr@ last
         year and should be answered only if changes have occurred since
         you submitted Section C (i.e., legislative changes, new
         initiatives, emerging problems). The questions with an ampersand
         (@) are new or revised questions; they should be answered even if
         they are one-time questions. Please note that several of the new
         questions replace questions from last year's guidance. Section C
         is due on October 31, 1990.

         An abbreviated version of the performance report guidelines will
         be incorporated in the 1990-91 grant award package. That version
         is designed to be used in conjunction with the attached
         guidelines.













                                        2

        some confusion exists regarding the requirement for a final
        performance report, previously due 90 days after the end of the
        grant. A final performance report covering all activities for
        the grant period is not required. Instead, a quarterly report
        will be required for the last quarter of the grant period.
        However, if there are activities that have not been closed-out,
        CPD may request that a short close-out status sheet be provided
        to ensure that all tasks and activities have been officially
        accounted for. For example, if a grant ends on September 30,
        1991, a quarterly report will be due on October 30, 1991. if
        there are activities conducted during the grant close-out period
        that were not reported on in the October 30 report, a brief
        close-out status sheet may be due no later than December 31,
        1991. Financial Status Reports are still required to be
        submitted to the NOAA Grants Office 90 days after the end of the
        grant.

        If you have any questions, please contact the CPD regional staff.









                                                                                          May 1990


                              Office of Ocean and Coastal Resource Management

                                     Revised Performance Repprt Guidelines




           Introduction

           This paper provides Office of Ocean and Coastal Resource Management (OCRM)
           guidance for the submission of performance reports for financial assistance awards under
           Sections 306 and 306A of the Coastal Zone Management Act, as amended (CZMA).
           The information contained in the performance reports is needed to determine the states'
           adherence to the terms of financial assistance awards, compliance with grant tasks and
           significant improvement schedules and benchmarks, adherence to the approved state
           coastal management programs, and the extent to which each state is addressing the
           coastal management needs identified in Section 303(2)(A)-(I) of the CZMA.

           The performance report requirements are divided into three sections: Section A (status
           of grant tasks), Section B (status of program implementation activities), and Section C
           (annual report). States are required to submit Section A for each quarter of the grant
           award, submit Section B during the second and fourth quarters of the grant award, and
           submit Section C on an annual basis (due to OCRM each October 31). In other words,
           for the first and third quarterly reports, states will submit Section A; for the second and
           fourth quarterly reports, states will submit both Section A and Section B. Section C
           replaces the previously required final performance report. The new annual report is due
           October 31 of each year, covers the previous year (October 1 - September 30), and is not
           tied to specific award periods.

           Wherever possible, states are encouraged to use existing data as attachments to the
           performance report, particularly for the information requested under Section C. The
           attachments may be reports prepared for internal office purposes, reports prepared by
           'the CZM agency, or other statewide reports.

           A number of examples are attached to this document as guidance for Sections A and B.
           The attachments are suggested formats for completing specific sections of the report.
           Information may be submitted in any usable format provided that the required
           information is included. Specific inconsistencies between OCRM reporting requirements
           and state reporting systems should be resolved by the state program managers and
           appropriate CPD regional staff.











                                                 Section A

                            Quarterly Repqrting Reguirements; - Status of Tasks


          This section describes the status of each Section 306 and Section 306A grant task and
          relevant special award conditions. The report must be detailed enough to provide
          OCRM with a clear understanding of what has been accomplished under each task
          during the performance period. The section should be organized in the same format as
          the original grant application and include the following information:

                 1.     Status of task, organized by task number and title (e.g., meetings held, work
                        products completed, contracts completed).

                 2.     Status of significant improvement tasks and benchmarks (states may use an
                        asterisk to indicate the significant improvement tasks in the narrative).

                 3.     Status of special award conditions due during the performance period.

          If a work product or benchmark is not due for a task, the narrative should provide more
          information than "the work is continuous and on-going." Please indicate whether the task
          is on schedule and when the work is expected to be completed.

          The performance report should also be informative enough to provide OCRM with
          preliminary notice that revisions to the grant or the significant improvement
          memorandum may be necessary due to problems encountered during the reporting
          period. However, noting potential grant changes in the performance report does not
          replace the need to formally request such changes.

          States are encouraged to make these reports as concise as possible. Depending on the
          size and complexity of the state grant, these reports may be no more than five to ten
          single-spaced pages. Narrative discussions can be particularly brief in cases where
          attachments (contracts, work products, meeting minutes, publications, public notices, etc.)
          provide a clear indication of status. Refer to Attachment A for an example.    -











                                                     Section B

                       Semi-annual Rep2rting Requirements on Program Implementation


           This section describes the information required to assess the states' adherence to the
           basic program implementation. Section B must be submitted as part of the second and
           fourth quarter performance reports, covering the previous six months (i.e., two quarters).
           Information under this section will focus on administration of the state CZM core
           regulatory programs and related efforts. Three major topics will be reported on: (1)
           permit administration, monitoring and enforcement, (2) Federal consistency, and (3)
           program changes. Information reported under these topics should include sufficient
           detail to provide a clear understanding of the major activities, problems, and
           accomplishments during the reporting period.

           In the case of the first two topics, states must submit quantitative information in chart or
           tabular form and narrative sections which briefly discuss significant accomplishments,
           problems, or controversial activities covering program implementation and Federal
           consistency requirements.

           States may use existing state reporting mechanisms to provide the tabular data requested
           if such reports meet the reporting requirements. When a topic area in Section B is also
           a grant task (and therefore reported under Section A), it is not necessary to repeat the
           same information in Section B. Following is a more detailed description of information
           to be reported on under each topic of this section.

           Permit Administration, Monitoring, and Enforcement

           This section should include quantitative data on the number and type of all state and
           local government CZN1P mandated permit applications; the number and type of state
           and local CZMP permits issued, pending, conditioned or denied; average processing time;
           number of violations detected and specific enforcement actions taken; and any other
           monitoring activities such as overflights or field trips. In the case of networked programs,
           which rely on more than one regulatory program, quantitative information described
           above must be provided on each core program. A suggested format for the chart reports
           is presented in Attachment B1. These charts are provided as guides. The states may
             bmit the information in their current state agency format. If a state is unable to
           provide information for one or more of the categories, please contact the appropriate
           su

           CPD program staff.

           The narrative section should briefly discuss controversial development projects or issues
           and the CZM program's role or involvement. States may-append news clippings, memos,
           etc., to support abbreviated summaries. If an item has been discussed in previous
           reports, please update this information as necessary. In addition, describe the lead CZM
           agency's efforts to monitor activities of other state or local agencies, identify
           accomplishments or problems related to ensuring agency compliance with the State








            approved CZM program, and where necessary discuss actions to bring these agencies into
            compliance.

            Federal Consisten


            This section must include both charts and narrative information which describe the
            Federal consistency reviews and activities during the report period. Suggested formats
            for the charts are presented in Attachment B2-

            The narrative report should briefly describe, in case study'format, significant consistency
            reviews, specific examples of controversial projects, types of project modifications
            required to meet consistency provisions, and important consistency negotiations during
            the reporting period. The narrative should also report on efforts to improve the
            consistency review process, (i.e., to develop regulations, guidelines or other advisory
            materials). Again, internal reports, etc. may be included as attachments in lieu of
            narrative in the performance reports.

            Prop-ram Changes

            'Me report should identify any changes to state authorities or organizational structure
            that occurred during the reporting period and which may affect the federally approved
            CZM program. Examples include changes in CZM or core program. statutes, changes in
            organization or coordination agreements, amended regulations, approval of local coastal
            programs, and designation of special management areas. If no changes have occurred to
            the approved program during the reporting period, please include a statement to this
            effect. This report is not a substitute for the formal submission to OCRM of such
            program changes pursuant to 15 CFR 923.80-84.











                                                  Section C


                                               Annual Report


          The purpose of this section is to enable OCRM to: (1) collect comprehensive information
          for a national database on coastal management issues, (2) collect information on
          innovative management techniques for exchange between programs, (3) cite specific
          accomplishments under the Federal CZM program, and (4) identify emerging coastal
          management issues. The topic areas under this section reflect the national coastal
          management objectives as defined in the Coastal Zone Management Act, as amended,
          Section 303(2)(A)-(I).

          Section C must be completed once a year and submitted to OCRM on
          October 31. The report will include information on the previous twelve months, e.g.,
          October 1 to September 30.
          OCRM has prepared Attachment C. which describes the information to be reported in
          the annual report.

          The questions with an asterisk (*) are one-time questions from last year and should be
          answered only if changes have occurred since you submitted Section Q (i.e., legislative
          changes, new initiatives, emerging problems). The questions with an ampersand (@) are
          new or revised questions; they should be answered this year even if they are one-time
          questions. Please note that several of the new questions replace questions from last
          year's guidance. In some cases, the number of questions has been reduced for a section
          (i.e., ocean and coastal use management).

          When responding to the questions in Section C, discuss specific examples wherever
          possible. Examples could include the use of CZM funds for a sman planning project as
          seed money for a large urban waterfront project, or the modification of a major
          development project to meet appropriate regulatory requirements. If a question is not
          applicable to a specific coastal management program, you do not need to address that
          issue. When appropriate, feel free to attach studies or reports to the performance report
          in lieu of or as a supplement to any narrative.



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  . I                         Attachment A - Example of Grant Task Status
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                                Attachment A- Example of Grant Task Status


          Task 88 - IV, Local Coastal Proi4rams

                  Subtask A - LCP support contracts

                  All local government support contracts were signed within 2 months of grant start
                  date. (Summary sheet of contract start date and sub-award amount provided in
                  attachment B.)

                  Subtask B - Special Grants to Improve Local Monitoring and Enforcement

                  Initiation of pilot projects has fallen behind since only City X has signed a
                  contract. City Y and County Z have declined to finalize contracts because of lack
                  of matching funds. Cities W and V may be interested in contracts - if contracts
                  with these two cities cannot be signed by April 30, funds will need. to be
                  reprogrammed to other tasks.

                  Subtask C - Update of GIS data base for LCPs:
                  Work presently is two months behind schedule due to delays in hiring a contractor
                  (contract attached). Work is progressing on data collection (10 of 38 counties now
                  complete) and we expect to be able to complete 1/2 of the update by June 30,
                  which will fulfill the interim Sig Benchmark 1.

            Task 88 V, Refinement of Mit   iQation Poligy

                  Work is progressing on schedule. The interagency work group has met twice and
                  agreed on the major policy issues to be addressed (offsite mitigation, replacement
                  ratios, and impact assessment criteria.) This was based on the contractor's initial
                  work product - a review of past mitigation projects in our state. Interim
                  benchmarks 1 and 2 were met last quarter.
                        A. The contractor was hired by January 15 (copy attached).
                        B. The initial review of past mitigation projects was completed on March
                        28 (copy attached).

           Task 88 VI, 306A Projects

                  Status of each project is as follows:

                  Boat ramp #4 - All 306A  information was received from the City on February I
                  and forwarded to OCRM on February 15. We are awaiting response.

               significant improvement task









                  Dune Walkover #5 - The City did not provide title opinion and PE by close of
                  quarter - we expect to receive by April 30. Project should still be completed by
                  end of the grant.

                  Waterfront #6 - City Z has not provided necessary information. Funds will need
                  to be reprogrammed to another 306(A) project that can be completed by the end
                  of the grant or to task 88 X, Map Digitization, to speed up wetlands mapping.

             Task 88 VIL Beach Access Study - Region 1

                  Four meetings were held with the RPC and local governments to refine data
                  requirements and collection methodology. Although no benchmarks or work
                  products were due this quarter, items due next quarter should be on schedule.
                  Draft outline of study attached FYI.




















                           Attachment Bl -Example of Permit Administration,
                                  Monitoring, and Enforcement Charts



                                            -am                                                                                                           -OW-ANW-AMM

          P e r f o r m a n c e R e p o r t P e r m i t C h a r t
          For State CZM agencies with direct permitting authority.




          I                   I                                I              I            --I          I          I
          IState/Local        I                                JPermits       IPermits       I          I          I
          lPermitting         IType of Permit  JApptications   lissued w/out  I Issued with  IPermits   JPermits   JApplications
          JAgency             IActivity        IFited          lConditions    IConditions    IDenied    JWIthdrawn JPending


          lCoastal             major coastal
          Imanagement         IDevelopment
          JAgency             IPermit
          I                   I
          lCoastat            Iminor coastal
          Imanagement         IDevelopment
          JAgency             IPermit
          I                   I
          ILocat Gov't.        coastal
          1(if appropriate)    Development
          I                    Permit
          JEtc.


          JTotat CZMP
          lRegutatory
          JActivity
                                                               f


          The permitting CZM  agency may use this chart or revise it to conform to their permit reporting procedures.




                                                                                                                                                                                                           Aw-


             Performance Report Permit Chart #2
             F o r s t a t e C Z M p r o 9 r a m s w i t h           n e t w o r k e d    a g e n c i e s



                                  I                   I
             ,State/Locat                             I               JPermIts          Permits
             JPermitting           Type of Permit     jApptications   lissued w/out    I Issued with   I Permits  JPermits      JAPPLications   I
             JAgency              IActivity           Ifited          lConditions      IConditions     I Denied   lWithdrawn    JPending        I


             lWater Quality       ITidal              I               I                                                         I
             Imanagement          IDevelopment        I               I
             JAgency              IPermit             I               I
             I                    I                   I               I
             ILocal Gov't.        Istormwater         I               I                I
             10f appropriate)     IManagement         I               I                I
             I                    IPermit             I               I                I
             I                    I                   I               I                I
             JEtc.                I                   I               I                I                                        I               I
             I                    I                   I               I

             JTotat CZMP          I                   I               I                I                                        I               I
             JRegutatory          I                   I               I                I                                        I               I
             JActivity


                 Where applicable indicate major       or minor.

             These charts should be used by the states as guides.
             The states may submit the information in the form that the networked agedes use or process the data to fit a chart of this type.



               on 4w

   Performan-Ce ReDort Permit Chart 43
   For both direct permitting CZM states                                   and networked states.



                                           lViotations     I
                       I State             IDetected for   JTotat            Tots(          I
   IType of            I Enforcement       lReporting      IViotations     I Viotations     I
   Iviotation,         I Agency            JPeriod         IResotved       I Pending        I


   JPermit             I                   I               I               I                I
   lViolation          I                   I
   I                   I                   I
   I                   I                   I
   Jun-permitted       I                   I
   JActivity


   Ilotat



     IMI M_@ _M -W--AIW--WW

   P e r f o r m a n c e R e p o r t P e r m i t C h a r t # 4
   D i s p o s t i o n    o f  t h e   T o t  a t   V i o t a t i o n s    R e s  o I v e d




                                                                Order to
                                                                lRestore Area
                          I State             JAfter-the-       lin Viotation       Judiciat
   Ilype of               I Enforcement       lFact Permit      Ito Original,     I Enforcement    jApptication    I  TotaL
   lViolation             I Agency            lissued           lCondition        I Actions        JPendinq        I


   lPermit                I                   I                 I
   iViolation             I                   I
   I
   I
   Jun-permitted
   JActivity              I



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                               Attachment B2 - Federal Consisteng Charts
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    NOW -M--M                                                                                                                                                    -00--ow-
                                      I . 0 i r e c t F e d e r a       A g e n c y A c t i v I t i e s      S e c t i o n 3 0 7 ( c      1 ) a n d -C2"
                                                                                                                                             AM




                                    Description     Date Federal        Proximity to                                   Mon-concurrence_
                                         of             Agency          Coastal Zone                                                                concurrence
                        Federal     Activity or     Notification        (within, seaward                      Insufficient     Inconsistent wl         After          Time of
                        Agency         Project         Received             landward)        concurrence      Information      State Policies      Modification       Review

                      I DOD/ACOE   JDredge                               Within                                                       X                  X            45 days
                                   IMateriat
                                   Idisposal-      I
                      I            IPort           I
                      I            jBienvilte      I
                      I            JHarbor
















                                        Each individual project acted on during the past six months should be listed.




                                                                                                                                                ANW-AW -AWW --AM - - VW-
                                    I I . F e d e r a ( L Lc e n s e s a n d P e r m i t s - S e c t i o n 3 0 7 ( c         3     A


                        Federal                                                              Number of Proiects           concurrence
                      .1 Licensingl                                                                  I
                      I or Permitl   Type of                           Number of       insufficient    inconsistent w/       After         Time of
                        Agency       Permit       Number of Permitsl   concurrences    information     State Policies     Modification     Review

                      I DOD/ACOE  ISection 10             6                 3               1                2                 2           60 days
                      I           land/or
                      I           ISection 404



















                                      Group projects by federal agency and type of license or permit.






                  Ill. Federal Licenses and Permit Activities Described in Detail In OCS Plans - section 307(c)(3)(B)



                                   Projects
                                   Name and                                               Non-concurrences
                                   Plan of        Date                                           I                   I concurrence
                       Federal     Exploration  jAppticationj                      insufficient    Inconsistent w/        After         Time of
                     I Agency    I or Develop.1   Received        Concurrence      Information     State Policies      modification     Review

                       DOI/MMS   JSanta Lucia                                                             X                              6 days
                                 JUnit - P0007
                                     (POE)


























                                      L   s t e a c h i n d i v i d u a i p r o    a c t




                                                                                                                                                                    ARM-
                    I V . F e d e r a t A s s i s t a n c e t oS t a t e a n d L o c a t G o v e r n m e n t sS e c t 1 o n 3 0 7 ( d




                                                                                No. of Non-concurrence       Number of
                                                                                         I                 Iconcurrences
                     Federal     Type of     Number of        Number of      insufficient  inconsistent wl     After       Time of
                     Agency    Assistance    Applications     Concurrences   Information   state Policies   Modification   Review

                    IDOT/FHA IRoad                5                4                             1                         30 days
                    I        lAssistance   I                               I





















                                 Group cases by federal agency and type of funding.



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                                     Attachment C - Annual Repgrt
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                                       Section C: Annual ReWrt


          Wetlands


           1.   What are your state's major coastal wetlands protection problems or issues
                (institutional, man-made or natural) and how are you addressing them?

                Problems or Issues i.e.,


                       1. Illegal fill or dredging;
                       2. Violation of permit conditions;
                       3. Loss of habitat through erosion, storm, water level rise, subsidence,
                          reduced fresh water inflow, or salt water intrusion; sedimentation;
                          pollution;
                       4. Inadequate monitoring and enforcement;
                       5. Inadequate regulation or laws;
                       6. Limited geographic jurisdiction;
                       7. Limited coordination;
                       8. Lack of political will, public education, funding, staffing, data, etc.

                Note:  In your response to the above, please try to specify differences regarding:

                             1. Estuarine Sub-tidal (SAV)
                             2. Estuarine Tidal (mudflats, emergent tidal)
                             3. Riverine Tidal
                             4. Riverine Non-tidal
                             5. Lacustrine (lakes and ponds)
                             6. Palustrine (swamps, shrub-scrub, marshes)
                             7. Other (i.e., seasonal)

           2.   To the best of your ability, please fill out the wetlands chart contained in
                Appendix A. If you cannot provide the information, what is your state doing to
                develop this type of database?

          *3. Cumulative Impact

                0      How is your state/program required to factor cumulative impacts into
                       habitat/wetland project review decisions (i.e., by law, regulation, through
                       permits)?


             one-time question (answer again only if circumstances have changed)
             new question (answer in the October 1990 report)












                                                            2

             @ o    Have thresholds for cumulative impacts been developed? What methods were
                    employed in determining these thresholds?

                o   What problems have you had with implementing a cumulative impact review
                    policy or process, i.e., inadequate data or definitions, exemptions? How are you
                    attempting to address them? If you do not have such a policy/process, is one
                    being considered?

             *4. Mitiization

              0     Does your state have a state-wide habitat/wetlands mitigation policy, or do any
                    individual state agencies employ any mitigation policies or internal guidelines? If
                    so, describe how the policy framework is used to mitigate impacts to wetlands and
                    how mitigation conditions on permits are coordinated among state and Federal
                    agencies. Please attach a copy of the policy. framework.

              0     When "compensatory mitigation" is required or allowed for unavoidable wetland
                    alteration, what methods can be used (i.e., creation, restoration enhancement,
                    mitigation banking, donation of wetlands or buffers, in lieu fees) and where is it
                    required (or allowed), i.e., on site, in a similarly functioning ecosystem, within
                    same watershed, in a mitigation bank, anywhere in coastal zone?

             @ o    What type of mitigation is allowed? Is it in-kind replacement, out-of-kind
                    replacement based on criteria,, any out-of-kind, other?

              0     How is compensatory mitigation measured or mitigation banking credited? Is
                    mitigation measured by area using replacementratios or it measured functionally
                    by the functional equivalence of the lost wetland? If it is measured functionally,
                    how is functional equivalency assessed? Which system is employed, e.g, HEP,
                    PennHep, FHWA/Adamus Method, WET II?

              0     How does your state assess the quality of compensatory mitigation? Does the
                    state require monitoring and research on mitigation projects?       If so, what is the
                    basis for a successful/unsuccessful determination?



             5. No Net Loss of Wetlands

             @ o    Does your state or CZMP have a no net loss policy? Is one pending? Please
                    attach a copy of the policy.

             @ o    Does the state or CZMP have a system for accounting for no net loss? Is one
                    being developed?











                                                      3

           Coastal PoUution


            1.    What are your state's major coastal pollution trends and problems? What water
                  quality parameters and contaminants does the state monitor? Please attach
                  relevant statewide or coastal reports and a brief description of state water quality
                  monitoring programs.

           @      Please submit a copy of your state's most recent Section 305(b) (Clean Water Act)
                  report if you have not already done so.

           *2.    In which specific areas (e.g. specific bays or estuaries) has water quality
                  significantly improved or declined? What factors (such as increased urbanization,
                  upgraded STPs) have caused these changes?

           *3.    Which agency is responsible for the 401 certification program? Briefly describe
                  the certification process, including how the state CZM agency interacts with the
                  water quality agency (or division if the two are in the same agency). Is the 401
                  process effective? How can it be improved?

            4.    What new efforts has your state undertaken to address marine debris, e.g., plastics
                  pollution and driftnets? What new activities has your state undertaken to address
                  tributyltin pollution?.

            5.    Describe the efforts during the past year by your state (both State Water Quality
                  Agency and the CZM Program) to address coastal non-point source pollution?
                  What is the status of the non-point source plans required by the EPA under
                  Section 319 of the Clean Water Act? What steps have been taken to implement
                  the plans in the following areas, i.e., new state statutes or regulations related to:

                  a. Stormwater management;
                  b. Water quality-related considerations in marina sitings;
                  c. Special Area Management Plans for estuarine areas;
                  d. Institution of best management practices for land disturbing activities;
                  e. Educational efforts; and
                  f. Other


             @    Has the CZM program received ï¿½319 (Clean Water Act) funding from EPA to
                  implement the above activities? Please provide a brief summary of funded
                  projects and describe the CZM role in these and any other ï¿½319 projects.

            6.    Describe the CZM's agency's involvement in EPA initiatives such as the National
                  Estuary Program (include committees on which you are a member) and Near
                  Coastal Waters Program or give an update if you reported on this last year.
                  Address ways in which the initiatives can be improved.












                                                           4


            Ocean Dumpin

            @ 1.    Describe any new ocean dumping developments in your state, e.g., state
                    legislation, regulations, and litigation.

            @2.     How well is "voluntary compliance" with Federal consistency on ocean dumping by
                    the Corps of Engineers and the Environmental Protection Agency working?


            Permit SimpRication

             1.     Identify actions taken by your CZM program to simplify the permit process or
                    other decision-making processes.


            Ocean and Coastal Use Management

            @1.     Describe any new developments in ocean and coastal use management, e.g., state
                    legislation, regulations, litigation, problems, conflicts between uses, and solutions.
                    Please specify how the coastal program is involved.


            Coastal Hazards


              1.    Which of the following hazards are of concern to your state? For each indicated
                    hazard, briefly describe the magnitude of the problem and the specific areas of
                    concern.


                          Coastal flooding and storm surge
                          Coastal erosion (short and long term)
                          Sea level rise/lake level fluctuation
                          Subsidence
                          Tsunamis
                          Earthquakes
                          Other (Identify)



            *2.     Which of the following traditional techniques is the state currently using to address
                    each of the above indicated hazards? Briefly describe how the technique is used
                    and assess its effectiveness.












                                                      5

                       Public education
                       Technical assistance to residents/businesses
                       Research on cause/effect/response
                       State or local planning (including disaster planning)
                       Policy development
                       Structural response (beach replenishment, bulkheads)
                       Restrictions on development or use of areas
                       Land/structure acquisition
                       Other (explain)

            3.    What new or innovative actions is the state undertaking to address the hazards
                  mentioned above, e.g. new studies, policies, financial incentives/disincentives.

           *4.    Which of the following levels of coordination is the state involved in or p@omoting
                  to address the above identified hazards? Describe the administrative/
                  organizational mechanisms to accomplish this coordination, and the role of the
                  Coastal Management Program.

                       Federal - State
                       Interstate
                       Intrastate
                       State - Local
                       CZMP - Floodplain managers
                       Other (explain)


           Public Access


           @1.    Please provide the following quantitative information concerning public access for
                  last year:

                   a.    The number and type of public access projects, and the amount of funds
                         spent on these projects. Please distinguish between CZM and non-CZM
                         funded projects.

                   b.    The total number of acres or miles of shoreline acquired.

                   C.    The increased number of visitor days and state or local revenue resulting
                         from state public access efforts.

            2.    Describe any innovative techniques that your state has used to acquire or enhance
                  public access to the coast. Please be specific and provide examples; this could
                  include access acquired through permit negotiations, etc.











                                                        6

           @3.    Describe any existing public access problems or conflicts, and solutions, if any, that
                  have successfully resolved them.

           @4.    Describe any new public access developments in your state, e.g., state legislation,
                  regulations, handicapped access guidelines, litigation, and public access guides and
                  educational efforts.



           Urban Waterfront and Ports

             1.   What are the major problems (both environmental and economic) concerning
                  harbors and urban waterfronts in your coastal zone? How have you addressed the
                  problems? Please give examples by port, city, issue, problem, and solution, i.e.,
                  water quality, to)(ics, commercial vs. recreational uses, harbor management plans,
                  waterfront zoning, legislation, etc.






                                             APPMDIX "A" * WOMANDS GAIN/LOSS C3VW                                                    (Revised 4/30/90)




                                            STA'111:


                                            JU@POIUING YEAR:




                                            ACRES OF WETLANDS LOST



      Irpe of Wettand                                        DREDGE                     FILL                       OTHERS FACTORS TOR wETLANDS LOSS
                                              permitted      Mega(       permitted       Illegal        EROSION       FACTOR I    FACTOR 2       FACTOR 3       FACTOR 4
      Estuarine        Sub-Tidal
      Estuarine Tidal
      Riverine Tidal
      Riverine Non-Tidal
      Lacustrine
      Palustrine
      other (i.e. Seasonal)
        Please specify other factors leading to wetlands loss that are reported here.


                                                                       ACRES OF WETLANDS GAINED


      lype of Wettand                      ACRES OF WETLANDS CREATED                 ACRES OF WETLANDS REStORED                   ACRES OF WETLANDS ENHANCED
                                               Method        Method       Method         Method         Method         Method         Method         Method         Method

      Estuarine-sub-Tidal
      Bstuarii-ne- Tidal
      Riverine Tidal
      R.verine Non-T-idal
      Lacus!'rine
      Palustrine
                 -T
      other (ie. Seasonal)
      1, I'lease spie-cify nethods used to create, restore               or enhance wetlands (Le nethod 1 creation is creation of shallow bottaws
        from uplands, netlx)d 2 creation is marsh grass                  plantings, etc.)
                                         f                                         I                                                            I








                                                                                                                                                    S-818
                                                                                                                                                 71:8001











                                                   COASTAL ZONE MANAGEMENT ACT OF 1972


                                    (PL 92-583, 16 U.S.C. 1451 el seq., October 27, 1972; Amended by PL 93-612,
                               January 2, 1975; PL 94-370, July 26, 1976; PL 95-219, December 28, 1977; PL 95-372,
                               September 18, 1978; PL 96-464, October 17, 1980; PL 98-620, November 11, 1984; PL
                               99-272, April 7, 1986; PL 99-626, November 7, 1986)

                               SHORT TITLE                                              Lakes, territorial sea, and Outer Continental Shelf are
                                                                                        placing stress on these areas and are creating the need
                  SEC. 30 1. This title may be cited as tlie "Coastal Zone              for resolution of serious conflicts among important and
                Management Act of 1972". ,                                              competing uses and values in coastal and ocean waters.
                           CONGRESSIONAL FINDINGS                                       [Former 302(f)-(i) redesignated as (g)-6) by PL
                  SEC. 302. The Congress Finds that -                                   96-4641
                  (a) There is a national interest in the effective manage-               (g) Special natural and scenic characteristics are being
                ment. beneficial use, protection, and development of the                damaged by ifl-planned development that threatens these
                coastal zone.                                                           values.
                  (b) The coastal zone is rich in a variety of natural,                   (h) In light of competing demands and the urgent need
                commercial, recreational, ecological, industrial, and esthetic          to protect and to give high priority to natural systems in
                resources of immediate and potential value to the present               the coastal zone, present state and local institutional
                and future well-being of the Nation.                                    arrangements for planning and regulating land and water
                  (c) The increasing and competing         demands upon the             uses in such areas are inadequate.
                lands and waters of our coastal zone occasioned by pop-                   (i) The key to more effective protection and use of the
                ulation growth and economic development, including                      land and water resources of the coastal zone is to en-
                requirements for industry, commerce, residential                        courage the states to exercise their full authority over the
                development. recreation, extraction of mineral resources                lands and waters in the coastal zone by assisting the
                and fossil fuels, transportation and navigation, waste dis-             states, in cooperation with Federal and local
                posal, and harvesting of Fish, shellfish, and other living              governments and other vitally affected interests, in
                marine resources, have resulted in the loss of living                   developing land and water use programs for the coastal
                marine resources, wildlife, nutrient-rich areas, perma-                 zone, including unified policies, criteria, standards,
                nent and adverse changes to ecological systems, decreas-                methods, and processes for dealing with land and water
                ing open space for public use, and shoreline erosion.                   use decisions of more than local significance.
                  (d) The coastal zone, and the Fish, shellfish, other living             6) The national objective of attaining a greater. degree
                marine resources, and wildlife therein, are ecologically                of energy self-sufficiency would be advanced by
                fragile and consequently extremely vulnerable to destruc-               providing Federal Financial assistance to meet state and
                tion by man's alterations.                                              local needs resulting from new or expanded energy activi-
                  (e) Important ecological, cultural, historic, and es-                 ty in or affecting the coastal zone.
                thetic values in the coastal zone which are essential to the
                well-being of all citizens are being irretrievably damaged              CONGRESSIONAL DECLARATION OF POLICY
                or lost.                                            I                     SEC. 303. The Congress finds and declares that it is
                               (302(f) added by PL 96-4641                              the national policy-
                  (f) New and expanding demands for food, energy,                         (1) to preserve, protect, develop, and where possible,
                minerals, defense needs, recreation, waste disposal,                    to restore or enhance, the resources of the Nation's
                transportation, and industrial activities in the Great                  coastal zone for this and succeeding generations-,







                10-7-88                        Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. O.C. 20037                                 7







                                                                                                                                FEDERAL LAWS
        71:8002


            (2) to encourage and assist the states to exercise                    of life and property in hazardous areas, and improved
        effectively their responsibilities in the coastal zone                    predictability in governmental dccisionmaking; and
        through the development and implementation of manage-                       (4) to encourage the participation and cooperation
        ment pro,rams to aclicve wise use of the land and water                   of the public, stale and local governments,                     nd
        resources of the coastal zone, giving full consideration to               interstate and other regional agencies, as well as of the
        ecological, cultural, historic, and esthetic values as well               Federal agencies having programs affecting the coastal
        as to needs for economic development, which programs                      zone, in carrying out the purposes of this title.
        should at least provide for-                                                           [303 revised by PL 96-464)
            (A) the protection of natural resources, including
        wetlands, floodplains, estuaries, beaches, dunes, barrier
        islands, coral reefs, and fish and wildlife and their                                            DEFINITIONS
        habitat, within the coastal zone,                                           SEC. 304. For the purposes of' this title
            (B) the management of coastal development to                            (1) The term "coastal zone" means the coastal waters
        minimize the loss of life and property caused by                          (including the lands therein and thereunder) and the adja-
        improper development in flood-prone, storm surge,                         cent shorelands (including the waters therein and
        geological hazard, and erosion-prone areas and in areas                   thereunder), strongly influenced by each other and in
        of subsidence and saltwater intrusion, and by the                         proximity to the shorelines of the several coastal states,
        destruction of natural protective features such as                        and includes islands. transitional and intertidal areas, salt
        beaches, dunes, wetlands, and barrier islands.                            marshes. wetlands, and beaches. The zone extends, in
            (C) priority consideration being given to * coastal-                  Great Lakes waters, to the international boundary
        dependent uses and orderly processes for siting major                     between the United States and Canada and, in other
        facilities related to national defense, energy, fisheries                 areas, seaward to the outer limit of the United States
        development, recreation, ports and transportation, and                    territorial sea. The zone extends inland from the
        the location, to the maximum extent practicable, of new                   shorelines only to the extent necessary to control
        commercial and industrial developments in or adjacent                     shorelands, the uses of which have a direct and significant
        to areas where such development already exists,                           impact on the coastal waters. Excluded from the coastal
            (D) public access to the coasts for recreation                        zone are lands the use of which is by law subject solely to
        purposes,                                                                 the discretion of or which is held in trust by the Federal
            (E) assistance in the redevelopment of deteriorating                  Government, its officers or agents,
        urban waterfronts and ports, and sensitive preservation                               f304(2) added by PL 96-4641
        and    restoration    of historic,     cultural,   and     esthetic
        coastal features,                                                           (2) The term "coastal resource of national significance"
            (F) the coordination and simplification of procedures                 means any coastal wetland, beach, dune, barrier island,
        in order to ensure expedited governmental decision-                       reef, estuary, or fish and wildlife habitat, if any
        making for the management of coastal resources,                           such area is determined by a coastal state to be of
            (G) continued consultation and coordination with,                     substantial biological or natural storm protective value.
     i  and the giving of adequate consideration to the              views        [Former 304(2)-(16) redesignated as (3)-(17) by
        of  'affected Federal agencies,                                           PL 96-4641
            (H) the giving of timely and effective notification                     (3) The term "coastal waters" means (A) in the Great
        of, and opportunities for public and local government                     Lakes area, the waters within the territorial jurisdiction
        participation in, coastal management decisionmaking,                      of the United States consisting of the Great Lakes, their
        and                                                                       connecting waters, harbors, roadsteads, and estuary-type
            (1) assistance to support comprehensive planning,                     areas such as bays. shallows, and marshes and (B) in
        conservation, and      ,management for living marine re-                  other areas, those waters, adjacent to the shorelines,
        sources, including planning for the siting of pollution                   which contain a measurable quantity or percentage ofsea
        control and aquaculture facilities within the coastal zone,               water, including, but not limited to. sounds. bays.
        .and improved coordination between State and Federal                      lagoons, bayous, ponds. and estuaries.
        coastal zone management agencies and State and                              (4) The term "coastal state" means a state of the
        wildlife aeencies; and                                                    United States in, or bordering on, the Atlantic. Pacific,
            (3@,g,to encourage the preparation of special            ar a
        M,                                                                        or Arctic Ocean, the Gulf of Mexico, Long Island Sound,
            an.  I                                                                or one
                 [11 ent plans which provide for increased spect                          or more of the Great Lakes. For the purposes of'
        in protecting significant natural resources, reasonable                   this title, the term also Includes Puerto Rico. the Virgin
        coastal-dependent economic growth, improved protection                    Islands, Guam, the Commonwealth of the Northern









                                                                    Environment Reporter                                                            8







                                                                                                                                                    S-763
                 COASTAL ZONE ACT                                                                                                                71:8003


                 Mariana Islands, and the Trust Territories of the                      any island. transitional area, and upland in. adjoining, or
                 Pacific Islands. and American Samoa.                                   adjacent to such estuary, and which constitute to the ex-
                               [304(4) amended by Pi- 96-4641                           tent feasible a natural unit, set aside to provide scientists
                    (5) The term "coastal energy activity" means any of                 and students the opportunity to examine over a period of'
                 ilic f*01lowing activities if'. and to the extent that (A) the         time the ecological relationships within the -area.
                 conduct, support, or facilitation of'such activity requires               (9) The term "Fund" means the Coastal Energy Im-
                 and involves the siting. construction. expansion, or                   pact Fund established by section 308(h).
                 operation of' any equipment or facility; and (13) any                     (10) The term "land use" means activities which are
                 technical requirement exists which, in the determination               conducted in, or on the shorelands within, the coastal
                 of' the Secretary, necessitates that the siting, construc-             zone, subject to the requirements outlined in section
                 tion, expansion*. or operation ofsuch equipment or facili-             307(g).                                                  I
                 ty be carried out in, on in close proximity to, the coastal               (11) The term "local government" means any            political
                 zone of any coastal state;                                             subdivision of, or any special entity created            by, any
                    (1) Any outer Continental Shelf energy activity.                    coastal state which (in whole or part) is located in, or has
                    (ii) Any transportation, conversion, treatment,                     authority over, such state's coastal zone and which (A)
                 transfer, or storage of liquefied natural gas.                         has authority to levy taxes, or to establish and collect
                    (iii) Any transportation. transfer, or storage of oil,              user fees, or (13) provides any public facility or public ser-
                 natural gas, or coal (including. but not limited to. by                vice which is financed in whole or part by taxes or user
                 means of any deep-water port, as defined in section 3(10)              fees. Thle term includes, but is not limited to, any school
                 ofthe Deepwater Port Act of 1974 (33 O.S.C. 1502( 10))).               district, fire district, transportation authority, and any
                    For purposes of this paragraph, the siting, constrdc-               other special purpose district or authority.
                 tion, expansion, or operation of any equipment or facility                (12) The term "management program" includes, but is
                 shall be 'in close proximity to the coastal zone of any                not limited to, a comprehensive statement in words,
                 coastal state if such siting, construction, expansion, or              maps, illustrations, or other media of communication,
                 operation has. or is likely to have, a significant effect on           prepared and adopted by the state in accordance with the
                 such coastal zone.                                                     provisions of this title, setting forth objectives, policies,
                    (6) The term "energy facilities" means any equipment                and standards to guide public and private uses of lands
                 or f'acility which is or will be used primarily -                      and waters in the coastal zone.
                    (A) in the exploration for, or the development, produ6
                 tion. conversion, storage.- transfer. processing, or                      (13) The term -outer continental shelf energy activity"
                 transportation of, any energy resource; or                             means any exploration for, or any development or
                    (13) for the manufacture, production, otassembly of                 production of, oil or natural gas from the outer con-
                 equipment, machinery, products, or devices which are in-               tinental shelf (as defined in section 2(a) of the Outer
                 volve'd in any activity described in subparagraph (A).                 Continental Shelf Lands Act (43 U.S.C. 133 1 (a)), or the
                    The term includes, but is not limited to (i) electric               siting, construction, expansion, or operation of any new
                 generating plants; (11) petroleum refineries and associated            or expanded energy facilities directly required by such ex-
                 facilities; '(iii) gasification plants; (iv) facilities used for       ploration, development, or production.
                 the transportation, conversion, treatment, transfer, or                   (14) The term "person" means any individual; any cor-
                 storage of liquefied natural gas; (v) uranium enrichment               poration, partnership, association, or other entity
                 or nuclear fuel processing facilities; (vi) oil and gas                organized or existing under the laws of any state; the
                 facilities, including platforms, assembly plants, storage              Federal Government; any state, regional, or local govern-
                 depots, tank farms, crew and supply bases, and refining                ment: or any entity of any such Federal, state, regional,
                 complexes. (vii) facilities including deepwater ports, for             or local government.
                 the transfer of petroleum; (viii) pipelines and transmis-                 (15) The term "public facilities and public services"
                 sion facilities: and (ix) terminals which are associated*              means facilities or services which are-Financed, in whole
                 with any of the foregoing.                                             or in part, by any state or political subdivision thereof,
                    (7) The term "estuary" means that part of a river or                including, but not limited to. highways and secondary
                 stream or other body of water having unimpaired connec-                roads, parking, mass transit, docks, navigation aids, Fire
                 tion with the open sea, where the sea water         measurably         and police protection, water supply, waste collection and
                  iluted with fresh water derived from land      drdinage. The          treatment (including drainage). schools and education,
                 term includes estuary-type areas of' the Great Lakes.                  and hospitals and health care. Such term may also in-
                    (8) The term "estuarine sanctuary" means a research                 clude any other facility or service so financed which the
                 area which may include any part or all of arLestuary and               Secretary finds will support increased population.








                 5-16-86                       Published by THE BUREAU OF NATIONAL AFFAIRS, INC.. Washington. D.C_ 20037                                35







         71:8004                                                                                                           FEDERAL LAWS

           (16) The term "Secretary" means the Secretary of                      (7) A definition of the term 'beach' and a planning
         Commerce.                                                             process for the protection of, and access to, public
           (17) The term 'special area management plan'                        beaches and other public coastal areas of environmental,
         means a comprehens:ve plan providing for natural                      recreational, historical, esthetic, ecological, or cultural
         resource protection and reasonable coastal-dependent                  value.
         economic growth containing a detailed and comprehensive                 (8) A planning process for energy facilities likely to be
         statement of policies; standards and criteria to guide                located in, or which may significantly affect, the coastal
         public and private uses of lands and waters; and                      zone. -including, but not limited to, a process for an-
         mechanisms for timely implementation in specific                      ticipating and managing the impacts from such facilities.
         geographic areas within the coastal zone.                               (9) A planning process for (A) assessing the effects of
                      [304(17) added by PL 96-4641                             shoreline erosion (however caused), and (B) studying and
           (18) The term "water use" means activities which arc                evaluating ways to control, or lessen the impact of, such
         conducted in or on the water, but does not mean or in-                erosion, and to restore areas adversely affected by such
         clude the establishment of any water quality standard or              erosion.
         criteria or the regulation of the discharge or runoff of                No management program is required to meet the re-
         water pollutants except the standards, criteria, or                   quirements in paragraphs (7), (8), and (9) before October
         regulations which are incorporated in any program as                  1, 1978.
         required by the provisions of section 307(f).                           (c) The Secretary may make a grant annually to any
                                                                               coastal state for the purposes described in subsection
                                                                               (a)(1) if such state reasonably demonstrates to the
         MANAGEMENT PROGRAM DEVELOPMENT                                        satisfaction of the Secretary that such grant will be used
                                  GRANTS                                       to develop a management program consistent with the
           SEC. 305. (a) The Secretary may make grants to any                  requirements set forth in section 306. The amount of any
         coastal state -                                                       such grant shall not exceed 80 per centum of such state's
           (1) under subsection (c) for the purpose of assisting               costs for such purposes in any one year. No coastal state
         such state in the development of a management program                 is eligible to receive more than four grants pursuant to
         for the land and water resources of its coastal zone; and             this subsection. After the initial grant is made to any
           (2) under subsection (d) for the purpose of assisting               coastal state pursuant to this subsection, no subsequent
         such state in the completion of the development, and the              grant shall be made to such state pursuant to this subsec-
         initial implementation, of its management program                     tion unless the Secretary rinds that such state is satisfac-
         before s'uch state qualifies for administrative grants un-            torily developing its management program.
         der section 306.                                                        (d)(1) The Secretary may make a grant annually to any
           (b) The management program for each coastal state                   coastal state for the purposes described in subsection
         shall include each of the following requirements:                     (a)(2) if the Secretary finds that such state meets the
           (1) An identification of the boundaries of the coastal              eligibility requirements set forth in paragraph (2). The
         zone subject to the management program.                               amount of any such grant shall not exceed 80 per centum
           (2) A definition of what shall constitute permissible               of the costs for such purposes in any one year.
         land uses and water uses within the coastal zone which                  (2) A coastal state is eligible to receive grants under
         have a direct and significant impact on the coastal                   this subsection if it has -
         waters.                                                                 (A) developed a management program which
           (3) An inventory and designation of areas of particular               (i) is in compliance with the rules and regulations
         concern within the    'coastal zone.                                  promulgated to carry out subsection (b), but
           (4) An identification of the means by-which the state                 (ii) has not yet been approved by the Secretary under
         proposes to exert control over the land uses and water                section 306;
         uses referred to in paragraph (2), including a listing of               (B) specifically identified, after consultation with the
         relevant constitutional provisions, laws, regulations, and            Secretary, any deficiency in such program %@hich makes
         judicial decisions.                                                   it ineligible for approval by the Secretary pursuant to sec-
           (5) Broad guidelines on priorities of uses in particular            tion 306, and has established a reasonable time schedule
         areas, including specifically those uses of lowest priority.          during which it can remedy any such deficiency;
           ,6) k description of the organizational structure                     (C) specified the purposes for which any such grant will
         proposed to implement such management program, in-                    be used:
         cluding the responsibilities and interrelationships of                  (D) taken or is taking adequate steps to meet anv re-
         local. areawide, state, regional, and interstate agencies in          quirement under section 306 or 307 which involves any
         the management process.                                               Federal official or agency. and







                                                                  Environment Reporter                                                       36





                COASTAL ZONE ACT                                                                                                             S-763
                                                                                                                                         71:8005

                   (E) complied with any other requirement which the                management program, if the state matches any such
                Secretary. by rules and regulations, prescribes as being            grant according to the following ratios of Federal to
                necessary and appropriate to carry out the purposes of              state contributions for the applicable fiscal year: 4 to I
                this subsection.                                                    for fiscal year 1986; 2.3 to I for fiscal year 1987; 1.5 to 1
                   (3) No management program for which grants are                   for fiscal year 1988; 1 to I for any fiscal year after fiscal
                made under this subsection shall be considered an ap-               year 1988. The Secretary may make the grant only if the
                proved program for purposes of section 307.                         Secretary-
                   (c) Grants under this section shall -be made to, and               (1) finds that such program meets the requirements
                allocated aniong. the coastal states pursuant to rules and          of section 305(b);
                regulations promulgated by the Secretary; except that -                2) approves such program in accordance with
                   (1) no grant shall be made under this section in an                                                                   I
                amount which is more than 10 per centum of the total                subsections (c), (d) and (e); and
                amount appropriated to carry out the purposes of this                 (3) Finds, if such program has been administered with
                                                                                    financial assistance under this section for at least one
                section, but the Secretary may waive this limitation in             year, that the coastal state will expend an increasing
                the case of any coastal state which is eligible for grants
                under subsection (d); and                                           proportion of each grant received under this section
                   (2) no grant shall be made under this section in an              (but not more than 30 per centum of the grant unless
                amount which is less than- I per centurn of the total               the state chooses to expend a higher percentage)
                amount appropriated to carry out the.purposes of this               on activities that.will result in significant improvement
                                                                                    being made in achieving the coastal management
                section, but the Secretary shall waive this limitation in           objectives specified in section 303(2)(A) through (1).
                the case of any coastal state which requests such a                 For purposes of this subsection, the costs of administer-.
                waiver.                                                             ing a management program includes costs incurred in
                   (f) The amount of any grant (or portion thereoo made             the carrying out, in a manner consistent with the
                under this section which is not obligated by the coastal            procedures and processes specified     therein, of projects
                state concerned during the fiscal year for which it was
                first authorized to be obligated by such state, or during           and other activities (other than those of            a kind
                the fiscal year immediately following, shall revert to the          referred to in clauses (A), (B),       or (C) of     section
                Secretary who shall add such amount to the funds                    306A(c)(2) that are necessary or       appropriate to the
                                                                                    implementation of the management       program.
                available for grants under this section.
                   (g) With the approval of-the Secretary, any coastal                   [306(a) revised by PL 96-464;     PL 99-272]
                state may allocate to any- local government, to any
                areawide agency designated - under section 204 of the                 (b) Such grants shall be allocated to the states with ap-
                Demonstration Cities and Metropolitan Development                   proved programs based on rules and regulations
                Act of 1966, to any region--.' agency, or to any interstate         promulgated by the Secretary which shall take into ac-
                agency, a portion of any gr    'ant received by it under this       count the extent and nature of the shoreline and area
                section for the purpose of carrying out the provisions of           covered by the plan, population of the area, and other
                this section.                                                       relevant factors: Provided, That no annual grant made
                   (h) Any coastal state which has completed the develop-           under this section shall be less than I per centum of
                ment of its management program shall submit such                    the total amount appropriated to carry out the purposes
                program to the Secretaryfor review an       'd approv *al pur-      of this section: Andprovidedfurther, That the Secretary
                suant to section 306. Whenever the Secretary approves               shall waive the application of the I per centum minimum
                the management program.of any coastal state under sec-              requirement as to any grant under this section, when the
                tion 306, such state thereafier -                                   coastal State involved requests such a waiver.
                   (I) shall -not be eligible for grants under this section-,
                except that such state may receive grants under subsec-                   (306(b) amended by PL 93-612; PL 96464]
                tion (c) in order to comply with the requirements of                  (c) Prior to granting approval 'of a management
                paragraphs (7), (8), and (9) of subsection (b), and                 program submitted by a coastal state, the Secretary shall
                   (2) shall be eligible for grants under section 306.              find that:
                   (1) The authority to make grants under this section                (1) The state has developed and adopted a manage-
                shall expire on September. 3, 1979.                                 ment program for its coastal zone in accordance with
                            ADMINISTRATIVE GRANTS                                   rules and regulations promulgated by the Secretary, after
                                                                                    notice, and with the opportunity of full participation by
                   SEC. 306. (a) The Secretary may make grants to any               relevant Federal agencies, state agencies. local
                coastal state for the purpose of administering that state's         governments, regional organizations. port authorities,







                                                                                                                                                 37
                5-16-86                        Published by THE BUREAU OF NATIONAL AFFAIRS. INC., Washington. D.C. 20037



          '71:8006                                                                                                          FEDERAL LAWS

          ana other interested parties, public and private, which is            plementing the management program required under
          adequate to carry out the purposes of this title and is con-          paragraph (1) of this subsection.
          sistent with the policy declared in section 303 of this title.          (6) The state is organized to implement the manage-
            (2) The state has:                                                  ment program required under paragraph (1) of this sub-
            (A) coordinated its program with local, areawide, and               section.
          interstate plans applicable to areas within the coastal                 (7) The state has the authorities necessary to implement
          zone existing on January I of the year in which the state's           the program, including tile authority required under sub-
          management program is submitted to the Secretary,                     section (d) of this section.
          which plans have been developed by a local government,                  (8) The management program provides for adequate
          an areawide agency designated pursuant to regulations                 consideration of the national interest involved in plan-
          established under section 204 of the Demonstration                    ning for, and in the siting of, facilities (including enerq
          Cities and Metropolitan Development Act of 1966, a                    facilities in, or which significantly affect, such state s
          regional agency, or an interstate agency; and                         coastal zone) which are necessary to meet requirements
            (B) established an effective rnechanism for continuing              which are other than local in nature. In the case of such
          consultation and coordination between the management                  energy facilities, the Secretary shall find that the state
          agency designated pursuant to paragraph (5) of this sub-              has given such consideration to any applicable interstate
          section and with local governments, interstate agencies,              energy plan or program.
          regional agencies. and areawide agencies within the                     (9) The management program makes provision for
          coastal zone to assure the full participation of such local           procedures whereby specific areas may be designated for
          governments and agencies in carrying out the purposes of              the purpose of preserving or restoring them for their con-
          this title; except that the Secretary shall not find any              servation, recreational, ecological, or esthetic values.
          mechanism to be 'effective' for purposes of this sub-                   (d) Prior to granting approval of the management
          paragraph unless it includes each of the following re-                program, the Secretary shall Find that the state, acting
          quirements:                                                           through its chosen agency or agencies, including local
            (1) Such management agency is required, before im-                  governments, areawide agencies designated under section
          plementing any management program decision which                      204 of the Demonstration Cities and Metropolitan
          would conflict with any local zoning ordinance, decision,             Development Act of 1966, regional agencies, or interstate
          or other action, to send a notice of such management                  agencies, has authority for the management of the
          program decision to any local government whose zoning                 coastal zone in accordance with the management
          authority is affected thereby.                                        program. Such authority shall include power -
            (ii) Any such notice shall provide that such local                    (1) to administer land and water use regulations, con-
          government may, within the 30-day period commencing                   trol development in order to ensure compliance with the
          on the date of receipt of such notice, submit to the                  management program, and to resolve conflicts among
          management agency written comments on such manage-                    competing uses, and -
            en   program decision, and any recommendation for                     (2) to acquire fee simple and less than fee simple in-
          a,@d it e.irtn atives thereto, if no action is taken during such      terests in lands, waters, and other property through con-
          period which would conflict or interfere with such                    demnation or other means when necessary to achieve
          management program decision, unless such local govern-                conformance with the management program.
          ment walves.its right to comment.                                       (e) Prior to granting approval'thc Secretary shall also
            (iii) Such management agency, if any such comments                  rind that the program provides:'
          are submitted to it, with such 30-day period, by any local              (1) for any one or a combination of the following
          government -                                                          general techniques for control of land and water uses
            (1) is required to consider any such comments,                      within the coastal zone;
            (11) is authorized, in its discretion, to hold a public
          hearing on such comments, and                                           (A) State establishment of criteria and standards for
            (111) may not take any action within such 30-day                    local implementation, subject to adminisfrative review
          period to implement the management program decision,                  and enforcement of compliance;
          whether or not modified on the basis of such comments.                  (B) Direct state land and water use planning and
            (3) The state has held public hearings in the develop-              regulation; or
          ment of the management program.                          *I             (C) State administrative review for consistency with
            (4) The management program and any changes thereto                  the management program of all development plans, pro-
          have been revlc%ve@ and approved by the Governor.                     J.ects, or land and water use regulations, including excep-
            (5) The Governor of the state has designated a single               tions and variances thereto. proposed by any state or
          agency to receive and administer the grants for im-                   local authority or private developer. %vith power to ap-








                                                                   Environment Reporter                                                       38







                                                                                                                                                     S-763
                COASTAL ZONE ACT                                                                                                                 71:8007

                prove or disapprove after public notice and an opportuni                the management program into a single unified program
                ty for hearings.                                                        and that the unified program will be completed as soon as
                    (2) for a method ofassuring that local land and water               is reasonably practicable.
                use regulations within the coastal zone do not un-                         (i) The coastal states arc encouraged to provide in
                reasonably restrict or exclude land and water uses of                   their management programs for-
                regional benefit.                                                          (A) the inventory and designation of areas that
                    (f) With the approval of the Secretary, a state may                 contain one or more coastal resources of national
                allocate -to a local government, an areawide agency                     significance; and
                designated under section 204 of the Ddmonstration Cities                   (13) specific and enforceable standards to protect
                and Metropolitan Development Act of 1966, a regional                    such resources.
                agency, or an interstate agency, a portion of the grant un-             If the Secretary determines that a coastal state has
                der this section for the purpose of carrying out the                    failed to make satisfactory progress in the activities
                pro@isions of this section. Provided. That such allocation              described in this subsection by September 30, 1984, the
                s ha 11 not relieve the state of the responsibility for *en-            Secretary shall not make any grants to such state
                suring that any funds so allocated are applied in                       provided under section 306A after such date.
                furtherance of such state's approved management                                        [306(i) added by PL 96-464]
                program.                                                                   [Editor's note.- Section 5(b) of PL 96-464 provides:
                    (g) Any coastal state may amend or modify the                          -(b) The amendments made by subsection (a)(1)
                management program which it has submitted and which                     and (2)* of this section apply with respect to grants
                has been approved by the Secretary under this section,                  made after September-30, 1980, under section 306 of
                pursuant to the required procedures described in subsec-                the Coastal Zone Management Act of 1972 and,
                tion (c), and subject to the following conditions:                      within two hundred and seventy days after such date,
                    (1) The state shall promptly notify the Secretary of                the Secretary of Commerce shall issue regulations
                any proposed amendment, modification or other pro-                      relating to the administration of subsection (a) of
                gram change and submit it for Secretarial approval. The                 such section 306 (as so amended by such subsection
                Secretary may suspend all or part of any grant made                     (a)(1))."I
                under this section pending state submission of the pro-
                posed amendments, modification or other program                                      RESOURCE MANAGEMENT
                change.
                    (2) Within 30 days from the date on which the                                      IMPROVEMENT GRANTS
                Secretary receives any proposed amendment, the Secre-                                  [306A added by PL 96-464]
                tary shall notify the state whether the Secretary ap-                      SEC. 306A. (a) For purposes of this section-
                proves or disapproves the amendment, or whether the                        (1) The term 'eligible coastal state' means a coastal
                Secretary finds it is necessary to extend the review of the             state that for any fiscal year for which a grant is
                proposed amendment for a period not to exceed 120 days                  applied for under this section-
                from the date the Secretary received the proposed                          ((A) has a management program approved under
                amendment. The Secretary may extend this 120-day                        section 306; and
                period only as necessary to meet the requirements of the                   (B) in the judgment of the Secretary, is making
                National Environmental Policy Act (42 U.S.C. 4321 et                    satisfactory progress in activities designed to result in
                seq.).                                                                  significant improvement in achieving the coastal manage-
                    (3) The state may not implement any proposed                        ment objectives specified in section 303(2)(A) through
                amendment as part of its approved program pursuant to                   (0.
                section 306, until after the proposed amendment has                        (2) The term 'urban waterfront and port' means any
                been approved by the Secretary.                                         developed area that is densely populated and is being
                               (306(g) revised by PL 99-272]                            used for, or has been used for, urban residential
                                                                                        recreational, commercial, shipping 6r industrial pur-
                                                                                        poses.
                    (h) At the discretion of the state and with the approval               (b) The Secretary may make grants to any eligible
                of the Secretary, a management program may be                           coastal state to assist that state in meeting one or
                developed and adopted in segments so that @mmediatc                     more of the following objectives:
                attention may be devoted to those areas 'within the
                coastal zone which most urgently need management
                programs. Provided. That the state adequately provides                     *Subsections (a)(1 ) and (2) amcnded Section 306(a) and (b).
                for the ultimate coordination of the various segments of .              respectively. of this Act.








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        71:8008                                                                                                          FEDERAL LAWS

           (1) The preservation or restoration of specific areas              1.5 to I for fiscal year 1988; and I to I for each fiscal
        of the state that (A) are designated under the manage-                year after fiscal year 1988.
        ment prograrn procedures required by section 306                                  [Former 306A(d)(1) deleted and
        (c)(9) because of their conservation recreational,                                new (d)(1) added by PL 99-2721
        ecological, or esthetic values, or (B) contain one or                   (2) Grants provided under this section may be used
        more coastal resources of national significance.                      to pay a coastal state's share of costs required -under
           (2) The redevelopment of deteriorating and under-                  any other Federal program that is consistent with the
        utilized urban waterfronts and ports that are designated              purposes of this section.
        under section 305(b)(3) in the state's management                       (3) The total amount of grants made under this
        program as areas of particular concern.                               section to any eligible coastal state for any fiscal
           (3) The provision of access of public beaches and                  year may not exceed an amount equal to 10 per centun@
        other public coastal areas and to coastal waters in                   of the total amount appropriated to carry out this
        accordance with the planning process required under                   section for such fiscal year.
        section 305(b)(7).                                                      (e) With the approval of the Secretary, an eligible
           (c) (1) Each grant made by the Secretary under                     coastal state may allocate to a local government, an
        this section shall be subject to such terms and con-                  areawide agency designated under section 204 of the
        ditions as may be appropriate to ensure that the grant                Demonstration Cities and Metropolitan Development
        is used for purposes consistent with this section.        -           Act of 1966, a regional agency,'or an interstate agency,
           (2) Grants made under this section may be used for-                a portion of any grant made under this section for
           (A) the acquisition of fee simple and other interests              the purpose of carrying out this section, except that
        in land,                                                              such an allocation shall not relieve that state of the
           (B) low-cost construction projects determined by the               responsibility for ensuring that any funds so allocated
        Secretary to be consistent with the purposes of this                  are applied in furtherance of the state's approved
        section, including but not limited to, paths, walkways,               management program.
        fences, parks, and the rehabilitation of historic buildings             (f) In addition to providing grants under this section,
        and structures; except that not more than 50 per centurn              the Secretary shall assist *eligible coastal states and their
        of any grant made under this section may be used for                  local governments in identifying and obtaining other
        such construction projects;                                           sources of available Federal technical and financial
           (C) in the case of grants made for objectives                      assistance regarding the objectives of this section.
        described in subsection (b)(2)-
           (i) tl@c rehabilitation or acquisition of piers to                     COORDINATION AND COOPERATION
        provide increased public use, including compatible                      SEC. 30T (a) In carrying out his functions and respon-
        commercial activity,                                                  sibilities tinder this title, the Secretary shall consult with,
           (n) the establishment of shoreline stabilization                   cooperate with, and, to the maximum extent practicable,
        measures including the installation or rehabilitation of              coordinate his activities with other interested Federal
        bulkheads for the purpose of public safety or increasing              agencies.
        public access and use, and                                              (b) The Secretary shall not approve the management
           (iii) the removal or replacement of pilings where                  program submitted by a state pursuant to section 306 un-
        such action will provide increased recreational use of                less the views of Federal agencies principally affected by
        urban waterfront areas,                                               such program have been adequately considered.
        but activities provided for under this paragraph shall
                                                                                (c)(1) Each Federal agency conducting or supporting
        not be treated as construction projects subject to the                activities directly affecting the coastal zone shall conduct
        limitations in paragraph (B);                                         or support those activities in a manner which is, to the
           (D) engineering. designs, specifications, and other
                                                                              maximum extent practicable, consistent with approved
        appropriate reports; and                                              state management programs.
           (E) educational, interpretive, and management costs                  (2) Any Federal agency which shall undertake any
        and such other related costs as the Secretary determines              development project in the coastal zone of a state shall
        to be consistent with the purposes of this section.                   insure that the project is, to the maximum extent prac-
           (d)(1) The Secretary may make grants to any coastal                ticable. consistent with approved state management
        state for the purpose of carrying out the projec( or                  programs.
        purpose for which such grants are awarded, if the state                 (3)(A) A fter final approval by the Secretary of a state's
        matches any such grant according to the following ratios              managenient program, any applicant for a required
        of Federal to state contribution for the applicable fiscal            Federal license or permit to conduct an activity affecting
        year: 4 to I for fiscal 1986-, 2.3 to I for fiscal year 1987;         land or water uses in the coastal zone of that state shall







                                                                 Environment Reporter                                                       40





                  COASTAL ZONE ACT                                                                                                                     S-763
                                                                                                                                                    71:13009

                  provide in tile application to the ficcilsing or pcriilitting           graph (A), except if such state falls to concur with or
                  agency a certification that the proposed activity complies              object to such certification within three months after
                  with the state's approved program and that such activity                receipt of its copy.of such certification and supporting
                  will be conducted in I manner consistent with the                       information, such state shall provide the Secretary, the
                  program. At the same time. the applicant shall furnish to               appropriate federal agency, and such person with a
                  tile state or its designated agency a copy of the certifica-            written statement describing the status of review and the
                  tion,- with all necessary information and data. Each                    basis for further delay,in issuing a final decision, and if
                  coastal state shall establish procedures for public notice              such slaternent is no, so provided, concurrence by such
                  in tile case of all such certificat ions and, to the extent it          state with. such certification shall be conclusively pre-
                  deenis appropriate, procedures for public hearings in                   sumed; or
                  connection therewith. At the earliest practicable time, the                [(ii) revised by PL 95-372, September 18, 19781
                  state or its designated agency shall notify the@ Federal                   (iii) the Secretary Finds, pursuant to subparagrdph (A),
                  agency concerned that the state concurs with or objects to              that each activity which is described in detail in such plan
                  the applicant's certification. If the state or its designated           is consistent with the objectives of' this title or is
                  agency fails to furnish the required notification within six            otherwise necessary in the interest of' national security.
                  months after receipt of its copy of the applicant's cer-                   If a state concurs or Is conclusively presumed to con-
                  tification, the state's concurrence with the certificat.ion             cur, or if the Secretary makes such a finding, the
                  shall be conclusively presumed. No license or permit                    provisions of subparagraph (A) are not applicable with
                  shall be granted by the Federal agency until the state or               respect to such person, such state, and any Federal
                  its designated agency has concurred with the applicant's                license or permit which, is required to conduct any activi-
                  certl I ication or until, by the state's failure to act, the con-       ty affecting land uses or water uses in tile coastal zone of
                  currence is conclusively presumed, unless the Secretary,                such state which-is described in detail in the plan to which
                  on his own initiative or upon appeal by the applicant,                  such concurrence or finding applies. If such state objects
                  finds, after providing a reasonable opportunity for detail-             to such certification and if the Secretary fails to make a
                  ed comments from the Federal agency involved'and from                   finding under clause (iii) with respect to such certifica-
                  the state, that the activity is consistent with the objectives          tion, or if such person fails substantially to comply with
                  of this title or is'otherwise necessary in the' in'terest of            such plan as submitted, such person shall submit an
                  national security.                                                      amendment to such plan, or a new plan, to the Secretary
                    (13) After the management program of any coastal                      of the Interior. With respect to any amendment or new
                  state has been approved by the Secretary under section                  plan submitted to the Secretary of the Interior pursuant
                  306, any person who submits to the Secretary of the                     to the preceding sentence, the applicable time period for
                  Interior any plan for the exploration or development of,                purposes of concurrence by conclusive presumption un-
                  or production from, any area which has been leased un-                  der subparagraph (A) is 3 months.
                  dcr the Outer Continental Shelf Lands Act (43 U.S.C.                       (d) State and local governments submitting
                  133 1 et seq.) and regulations under such Act shall, with               applications for Federal assistance under other Federal
                  respect to any exploration, development, or production                  programs affecting the coastal zone shall indicate the
                  described in such plan and affecting any land use or water              views of the appropriate state or local agency as to the
                  use in the coastal zone of such state, attach to such plan a            relationship of -such activities to the approved manage-
                  certification that each activity which is described in detail           ment program for the coastal zone. Such applications
                  in such plan complies with such state's approved manage-                shall be submitted and coordinated in accordance with
                  ment program* and will be carried out in a manner consis-               the provisions of title IV of the Intergovernmental Coor-
                  tent with such program. No Federal official or agency                   dination Act of 1968 (82 Stat. 1098). Federal agencies
                  shall gra nt such person any license or permit for any ac-              shall not approve proposed projects that are inconsistent
                  @tivity described in detail in such plan until such state or            with a coastal state's management program, except upon
                  its designated agency receives a copy of such certification             a finding by the Secretary that such project is consistent
                  and plan, together with any other necessary data and in-                with the purposes of this title or necbssary in the interest
                  formation, and until                                                    of national security.
                    (i) such state or its designated agency, in accordance                   (e) Nothing in this title shall be construed
                  with the procedures required to be established by such                     (1) to diminish either Federal or state jurisdiction,
                  state pursuant to subparagraph (A), concurs with such                   responsibility, or rights in the field of' planning, develop-
                  person's certification and notifies the Secretary and the               nient, or control of water resources. submerged lands, or
                  Secretary of the Interior of' such concurrence;                         navigable waters, nor to displace, superse@e. limit, or
                    (11) concurrence by such state with such certifica-                   modify any interstate compact or the jurisdiction or
                  tion is conclusively presumed as provided for in subpara-               responsibility of any legally established joint or common








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        71:8010                                                                                                       FEDERAL LAWS

        agency of two or more states or of two or more states and          this title, a coastal energy impact program. Such
        the Federal Government; nor to limit the authority of              program shall consist of the provision of financial
        Congress to authorize and fund projects;                           assistance to meet the needs of' coastal states and local
          (2) as superseding, modifying, or repealing existing             governments in such states resulting from specified ac-
        laws applicable to the various Federal agencies; nor-to            tivities involving energy development. Such assistance,
        affect the jurisdiction, powers, or prerogatives of the            which includes -
        International Joint Commission, United States and                     (A) grants, under subsection (b), to coastal states for
        Canada. -the Permanent Engineering Board, and the                  the purposes set forth in subsection (b)(5) with respect to
        United States operating entity or entities established pur-        consequences     resulting from the energy activities
        suant to the Columbia River Basin Treaty, signed at                specified therein.-
        Washington, January 17, 1961, or the International                    (8) grants. under subsection (cXl), to coastal states for
        Boundary and Water Commission, United States and                   study of, and planning for, consequences relating to new
        M ico*                                                             or expanded energy facilities in, or which significantly
              'Notwithstanding any other provision of this title,          affect, the coastal zone:
        nothing in this title shall in any way affect any require-            (C) grants, under subsection (c)(2), to, coastal
        ment (1) established by the Federal Water Pollution Con-           states to carry out their responsibilities under the Outer
        trol Act, as amended, or the Clean Air Act, as amended,            Continental Shelf Lands Act;
        or (2) established by the Federal Government or by any                (D) loans, under subsection (d)(1), to coastal
        state or local government pursuant to such Acts. Such              states and units of general purpose local government to
        requirements shall be incorporated in any program                  assist such states and units to provide new or improved
        developed pursuant to this title and shall be the water            public facilities or public services which are required as a
        pollution control and air pollution control requirements           result of coastal energy activity-,
        applicable to such program.                                           (E) guarantees, under -subsection (d)(2) and subject to
          (g)     hen any state's coastal zone management                  the provisions of subsection (0, of bonds or other
        progra: submitted for approval or proposed for                     evidences of indebtedness issued by coastal states and un-
        modification pursuant to section 306 of this title, includes       its of general purpose local government for the purpose
        requirements as to shorelands which also would be sub-             of providing new or improved public facilities or public
        ject to any Federally supported national land use pro-             services which are required as a result of coastal energy
        gram which may be hereafter enacted, the Secretary,                activity;
        prior to approving such program, shall obtain the con-
        currence of the Secretary of the Interior, or such other              (F) grants or other assistance, under subsection (d)(3),
        Federal official as may be designated to administer the            to coastal states and units of general purpose local
        national land use program with respect to that portion of          government to enable such states and units to - meet
        the coastal zone management program affecting such in-             obligations under loans or guarantees under subsection
        land areas.                                                        (d) (1) or (2) which they are unable to meet as they
          (h) In case of serious disagreement between any                  mature, for reasons specified in subsection (d)(3); and
        Federal agency and a coastal state -                                  (G) grants, under subsection (d)(4), to coastal states
          (1) in the development or the initial implementation of          which have suffered, are suffering, or will suffer any un-
        a management program under section 305; or                         avoidable loss of a valuable environmental or recreational
          (2) in the administration of a management          program       resource;
        approved under section 306;                                        shall be provided, administered, and coordinated by the
        the Secretary, with the cooperation of the Executive Of-           Secretary in accordance with the provisions of this sec-
        f ice of the President, shall seek to mediate the differences      tion and under the rules and regulations required to be
        involved in such disagreement. The process -of such                promulgated pursuant to paragraph (2). Any such
        mediation shall, with respect to any disagreement                  financial assistance shall be subject to audit under section
        described in paragraph (2), include public hearings which          313.
        shall be conducted in the local area concerned.                       (2) The Secretary shall promulgate, in accordance with
                                                                           section 3 17, such rules and regulations (including, but not
           COASTAL ENERGY IMPACT PROGRAM                                   limited to, those required under subsection (e) as may be
          [308 revised by PL 95-372, September 18, 19781                   necessary and appropriate to carry out the provisions of
                                                                           this section.
         SEC. 308. (a) (1) The Secretary shall administer and                 (b) (1) The Secretary shall make grants annually to
        coordinate, as part of the coastal zone management ac-             coastal states. in accor@ance with the provisions of this
        tivities of the Federal Government provided for under              subsection.








                                                               Environment Reporter                                                     42




                 COASTAL ZONE ACT                                                                                                                    S-763
                                                                                                                                                  71:8011


                    (2) Subject to paragraph (3). the amounts pay-                       expend or commit the proceeds of such grant in accord-
                 able to coastal states under this subsection shall be, with             ance with the purposes set forth in paragraph (5).
                 respect to any such state for any fiscal year, the sum of                  (ii) For purposes of this subparagraph -
                 the amounts caiculated. with respect to such state, pur-                   (1) the states of Connecticut, Delaware, Georgia,
                 suant to subparagraphs (A), (13). and (Q:                               Maine, Maryland, Massachusetts, New Hampshire.
                    (A) An amount which bears, to one-half of the                        New Jersey, New York. North Carolina, Pennsylvania,
                 amount appropriated for the purpose of funding grants                   Rhode Island, South Carolina. and Virginia, the Coni-
                 under this subsection for such fiscal year, the same ratio              monwealth of Puerto Rico, and the Virgin Islands (the
                 that the amount of outer Continental Shelf acreage which                Atlantic coastal states) shall constitute one 'region':
                 is adjacent to such state and which is newly leased by the                 (11) the states of Alabama, Florida, Louisiana,
                 Federal Government in the immediately preceding fiscal                  Mississippi, and Texas (the Gulf coastal states) shall
                 year bears to the total amount of outer Continental Shelf               constitute one 'region'.
                 acreage which is  'newly leased by the Federal Government                  (III) the states of California, Hawaii, Oregon, and
                 in such preceding year.                                                 Washington (the Pacific coastal states) shall consti-
                    (8) An amount which bears, to one-quarter of the                     tutc one 'region' and
                 amount appropriated for such purpose for such fiscal                       (IV) the state of Alaska shall constitute one 'region'.
                 year, the same ratio that the volume of oil and natural                    (13) if, after the calculations req ired under sub-
                 gas produced in the immediately preceding Fiscal year                                                               u
                 from the outer Continental Shelf acreage which is adja-                 paragraph (A), the total amount of funds appropriated
                 cent to such state and which is leased by the Federal                   for making grants to coastal states in any Fiscal year pur-
                 Government bears to the total volume of oil and natural                 suant to this subsection is less than the total amount of
                                                                                         grants payable to all coastal states in such Fiscal year,
                 gas produced in such year from all of the outer Continen-               there shall be deducted from the amount payable to each
                 tal Shelf acreage which is leased by the Federal Govern-                coastal state which will receive more than 2 per centum
                 ment.                                                                   of the amount of funds so appropriated an amount equal
                    (C) An amount which bears, to one-quarter of the                     to the product of
                 amount appropriated for such purpose for such fiscal
                 year, the same ratio that the volume of oil and natural                    (i) the amount by which the total amount of grants
                 gas produced from outer Continental Shelf acreage leas-                 payable to all coastal states in such Fiscal year exceeds
                 ed by the Federal Government which is first landed in                   the total amount of funds appropriated for making such
                 such state in the immediately preceding fiscal year bears               grants; multiplied by
                 to the total volume of oil and natural gas produced from                   (1i) a fraction, the numerator of which is the
                 all outer Continental Shelf acreage leased by the Federal               amount of grants payable to such coastal state in such
                 Government which is First landed in all of the coastal                  Fiscal year reduced by an amount equal to 2 per centurn
                 states in such. year.                                                   of the total amount appropriated for such fiscal year
                  (3XA)(i)      A fter    making      the   calculations      rc-        and the denominator of which is the total amount of
                 quired under paragraph (2) for any fiscal year, the                     grants payable to coastal states which, in such fiscal year,
                 Secretary. shall -                                                      will receive more than 2 per centum of the amount of
                  (1) with respect to any coastal state which, based on                  funds so appropriated, reduced by an amount equal to the
                 such calculations, would receive an amount which is less                product of 2 per centurn of the total amount appropriated
                 than 2 per centum of the amount appropriated for such                   for such fiscal year multiplied by the number of such
                 Fiscal year, increase the amount appropriated for such                  coastal states.
                 fiscal year, increase the amount payable to such coastal                   (C)(i) I f,   after the calculations required under
                 state to 2 per centum of such appropriated amount: and                  subparagraph     (13) for any fiscal year, any coastal state
                  (11) with respect to any coastal state which, in such                  would receive    an amount which is greater than 371/2 per
                 fiscal year,.would not receive a grant under paragraph                  centum of the    amount appropriated for such Fiscal year.
                 (2), make a grant to such coastal state in an amount                    the Secretary    shall reduce the amoynt payable to such
                 equal to 2 per centurn of the total amount appropriated                 coastal state to 371/2 per centum of such appropriated
                 for making grants to all states under paragraph (2) in                  amount.
                 such fiscal year if any other coastal state in the same                    (it) Any amount not payable to a coastal state in
                 region will receive a grant under such paragrph in such                 a Fiscal year due to a reduction under clause (i) shall
                 fiscal year, except that a coastal state shall not receive              be payable proportionately to all coastal states which
                 a grant under this subclause unless the Secretary deter-                are to receive more than 2 per centunn and less than 371,':
                 mines that it is being or will be impacted by outer Con-                per centurn of the amount appropriated for such fiscal
                 tinental Shelf energy activity and that it will be able to              year, except that in no event shall any coastal state







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           7.1:8012                                                                                                                   FEDERAL LAWS

                                     per ccntum of such appropriated                  poses (except that priority shall be given to the use of
           receive more than 371/2                                                                                  1
           amount-                                                                    such proceeds for the purpose set forth in subparagraph
           (iii) For purposes of this subparagraph, the term                          (A):
           payable proportionately' incans payment in any fiscal                        (A) The retirement of state and local bonds, it' any,
           year in accordance with the provisions of paragraph (2).                   which are guaranteed under subsection (d) (2), except
           exce t I   in making calculations under such paragraph                     that, If the amount of such grants is insufficient to retire
           ,,,, Fcl,,,al                     I
           .S
             ,e r t ary shall only include those coastal states which                 both state and local bonds, priority shall be given to retir-
           arc to receive more than 2 per centurn and less than 371/1                 ing local bonds.
           per centum of the amount appropriated for such fiscai                        (13) The study of, planning for, development of. and the
           year.                                                                      carrying out of projects and programs in such state which
           (4)(A) The Secretary shall determine annually the                          are -
           amounts of the grants to be provided under this subsec-                      (i) necessary to provide new or improved public
           tion and shall collect and evaluate such informat          Ion as          facilities and public services which are required as a re-
           may be necessary to make such determinations. Each                         sult of outer Continental Shelf energy activity;
           Federal department, agency. and instrumentality shall                        (ii) of a type approved by the Secretary as eligible for
           provide to the Secretary such assistance in collecting and                 grants under this paragraph, except that the Secretary
           evaluating relevant information as the Secretary may                       may not disapprove any project or program for highways
           request. The Secretary shall request the assistance of any                 and secondary roads, docks, navigation aids, fire and
           appropriate state agency in collecting and evaluating                      police protection, water slupply. waste collection and
           such information.                                                          treatment (including drainage), schools and education,
           -(B) For purposes of making calculatioiis under                            and hospitals and health care.
           paragraph (2), outer Continental Shelf acreage is adja-                      The Secretary may, pursuant to criteria promulgated
           cent to a particular coastal state if such acreage lies on                 by rule, describe geographic areas in which public facili-
           that state's side of the extended lateral seaward boun-                    ties and public services referred to in clause (i) shall
           dar!*es of such state. The extended lateral seaward boun-                  be presumed to be required as a result of outer Con-
           daries of a coastal state shall be determined as follows:                  tinental Shelf energy activity for purposes of disbursing
           (i) I r a teral seaward boundaries have been clearly                       the proceeds of grants under this subsection.
           'erncd or fixed by an interstate compact, agreement, or                      (C) The prevention, reduction, or amelioration of any
           d
                  d
           j tu d i c iai Ilecision (if entered into, agreed to, or issued            unavoidable loss in such state's coastal zone of any
           before the date of the enactment of this paragraph), such                  valuable environmental or recreational resource if such
           boundart
                  ies shall be extended on the basis of the prin-                     loss results from coastal energy activity.
           ciples ofdelimitation used tosodefineorfix them in such                      (6) The Secretary, in a timely manner, shall determine
   Mcompact, agreement, or decision.                                                  that each coastal state has expended or committed, and
           (ii) If no lateral seaward boundaries, or any portion                      may determine that such state will expend or commit,
           thereof'have been clearly defined or Fixed by an in-                       grants which such state has received under this subsection
           terstate compact, agreement, or judicial decision, lateral                 in accordance with the purposes set forth in paragraph
           seaward boundaries shall be determined according to the                    (5). The United States shall be entitled to recover from
           applicable principles of law, including the principles of                  any"coastal state an amount equal to any portion' of any
           the Convention on the Territorial Sea and the Con-                         such grant received by such state under this subsection
           ti.guous Zone, and extended on the basis of such prin-                     which -
           ciples.
                                                                                        (A) is not expended or committed by such state before
           (111) If after the date of enactment of this paragraph,                    the close of the fiscal year       .immediately * following       the
           two or more coastal states enter into or amend an in-                      fiscal year in which the grant was disbursed,' or -
           terstate compact or agreement in order to clearly define                     (B) is expended or committed' by such state for                 any
           or Fix lateral seaward boundaries, such boundaries shall                   purpose other than a purpose set forth in paragraph               (5).
           thereafter be extended on the basis of the principles of                   Before disbursing the proceeds of any grant-under                 this
           delimita ion used to so define or Fix them in such com-                    subsection to any coastal state, the Secretary shall re-
           pact or agreement.                                                         quire such state to provide adequate assurances of being
           (C) For purposes of making calculations under this                         able to return to the United States any amounts to which
           subsection, the transitional quarter beginning July A,                     the preceding sentence may apply.
           1976, and ending September 30, 1976, shall be included                       (c)(1) The Secretary shall make grants to any coastal
           vithin the fiscal year ending June 30, 1976.                               state if the Secretary rinds that the coastal zone            ofsuch
           1(5) Each coastal state shall use the proceeds of grants                   state is being, or is likely to be significantly affected by
           received by it under this subsection for the following pur-                the siting, construction, expansion, or operation of new









                                                                       Environment Reporter



    APN    1
    1




                COASTAL ZONG ACT                                                                                                                   S-821
                                                                                                                                               71:8013
                or expanded energy facilities. Such grants shall be use@                 (2) The Secretary shall, subject to the provisions of
                  r the study of, and planning for (including, but not                subsection (Q, guarantee, or enter into commitments to
                limited to, the application of the planning process includ-           guarantee, the payment of interest on,and the principal
                ed in a management program pursuant to section                        amount of, any bond -or other evidence of indebtedness if
                `0


                305(b)(8)) any economic, social, or environmental con-                it is issued by a coastal state or a unit of g'eneral purpose
                sequence which has occurred, is occurring, or is likely to            local government for the purpose of providing new or im-
                occur in such state's coastal zone as a result of the siting,         proved public facilities or public services, or both, which
                construction, expansion,or operation of such new or ex-               are requrrca as a result of a coastal energy activity.
                panded energy facilities. The amount of any such grant                   (3) If the Secretary finds that any coastal state or unit
                shall not exceed 80 per centum of the cost of such study              of generaT purpose loca (govern men It is unable to meet its
                and planning.                                                         obli gations pursuant to a loan or guarantee madi; under
                  (2) The Secretary shall make grants under this                      paragraph (1) or (2) because the actual increases in
                paragraph to any coastal        state which the Secretary             employment and related population resulting from
                Finds is likely to be affected by outer Continental Shelf             coastal energy activity and the facilities associated with
                energy activities. Such grants shall be used by such state            such activity do not provide adequate revenues to enable
                to carry out its responsibilities under the Outer Con-                such state or unit to meet such obligations in accordance
                tinental Shelf Lands Act. The amount of any such grant                with the appropriate repayment schcuule, the Secretary
                shall not exceed 80 per centurn of the cost of carrying               shall, after review of the information submitted by such
                out such responsibilities.                                            state or unit pursuant to subsection (e)(3), take any of the
                  (3) (A) The Secretary shall make. grants to any                     following actions:
                coastal state to enable such state to prevent, reduce,                   (A) Modify appropriately the terms and conditions of
                or ameliorate any unavoidable loss in such state's                    such loan or guarantee.
                coastal zone of any valuable environmental or recrea-                    (B) Refinance such loan.
                tional resource, if such loss results from the transporta-               (C) Make a supplemental loan to sucn state or unit the
                tion, transfer, or storage of coal or from alternative                proceeds of which shall be applied to the-payment of
                ocean energy activities.                                              principal and interest due under such loan or guarantee.
                  (B) Such grants shall be allocated to any such state                   (D) Make a grant to such state or unit the proceeds of
                based on rules and regulations promulgated by the                     which shall be applied to the payment of principal and in-
                Secretary. which shall take into account the number of                terest due under such loan or guarantee.
                coal or alternative ocean energy facilities, the nature of            Notwithstanding the preceding sentence, if the Secretary
                their impacts, and such other relevant factors deemed                 -  (i) has taken action under subparagraph (A), (B), or
                appropriate by the Secretary.
                                                                                      (C) with respect to any loan or guarantee made under
                           P08(c)(3) added by PL 96-464]                              paragraph (1) or (2),.and
                  (d)(1) The Secretary shall make loans to any coastal                   (ii) finds that 'additional action under subparagraph
                state and to any unit of general purpose lo   .cal government         (A), (13), or (C) will not enable such state or unit to meet,
                to assist- such state or unit -to provide new or improved             within a reasonable time,-its obligations under such loan
                public facilities.or public services, or both, which are re-          or guarantee and any additional obligations related to.
                quired as a result of coastal energy activity. Such loans             such loan or guarantee; the Secretary shall make a grant
                shall be made solely pursuant to this title, and no such              or grants under subparagraph (D) to such state or unit in
                loan shall require as a condition thereof that any such               an amount sufficient to enable such state or unit to meet-
                                                                                      such outstanding obligations.
                state or unit pledge its full faith and credit to the repay-
                ment thereof. No loan shall be made under this                           (4) [308(d)(4) deleted by PL      96-4641
                paragraph after September 30,       1986.                                (e) Rules and regulations with respect to the following
                  (Editor's note. Section 6 of Public Law 99-626 pro-                 matters shall be promulgated by the Secretary as soon as
                vides the following exception to the       deadline cited in          practicable, but not later than 270 days after the date of
                308(d)(1) of this Act:                                                the enactment of this section:
                                                                                         (1) A formula and procedures for apportioning
                "Sec. 6. AUTHORITY TO MAKE LOANS.                                     equitably, among the coastal states, the amounts which
                  The authority of the Secretary of Commerce@to make                  are available for the provision of Financial assistance un-
                loans under paragraph (1) of subsection (d) of section                der subsection (d). Such formula shall be based on, and
                308 of the Coastal Zone Management Act of 1972                        limited to, the following factors:
                (Public Law 92-583, 16 U.S.C. 14519 et seq.) as amend-                   (A) The number of additional      -individuals who are ex-
                ed, shall extend to September 30, 1987, for loans made                pected to become employed in new or expanded coastal
                to eligible States or units pursuant to and in accord with            energy activity, and the related new population, who
                agreements entered into between the Secretary and any                 reside in the respective coastal states.
                State prior to September 30, 1111, that provided for a                   (13) The standardized unit costs (as determined by the
                total sum of loans to be made to that State or its units,             Secretary by rule), in the relevant regions of such states,
                but such loan authority shall be limited to $7,000,000."1             for new or improved public facilities and public services


                11-18-88                      Published by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C. 20037                                3






        71:8014                                                                                                       FEDERAL LAWS


        which are required as a result of such expected employ-              (B) -no. guarantee shall be made unless the Secretary
        ment and the related new population.                               determines that such bonds or other evidences of in-
           (2) Criteria under which the Secretary shall review             debtedness will -
        each coastal state's compliance with the requirements of             (i) be issued only to investors who meet the re-
        subsection (g)(2).                                                 quircmcnts prescribed by the Secretary, or, if an offering
           (3) Criteria and procedures for evaluating the extent to        to the public is contemplated, be underwritten upon
        which any loan or guarantee under subsection (d)(1) or             terms and conditions approved by the Secretary;
        (2) which is applied for by any coastal state or unit of             (ii) bear interest at a rate found not to be excessive by
        general purpose local government can be repaid through.            the Secretary; and
        its ordinary methods and rates for generating tax                    (iii) contain, or be subject to, repayment, maturity, and
        revenues. Such procedures shall require such state or unit         other provisions which are satisfactory to the Secretary;
        to submit to the Secretary such information which is
             -    by the Secretary to be necessary for such                  (C) the approval of the Secretary of the Treasury shall
        specified                                                          be required with respect to any such guarantee, unless the
        evaluation, including, but not limited to -                        Secretary of the Treasury waives such approval; and
    7      'A) a statement as to the number of additional in-                (D) no guarantee shall be made after September 30,
        dividuals who are expected to become employed in the               1986.
        new or expanded coastal energy activity involved, and the
        related new population, who reside in such state or unit;            (2) The full faith and credit of the United States is
           (B) a description, and the estimated costs of the new           pledged to the payment, under paragraph (5), of any
        or improved public facilities or public services needed or         default on any indebtedness guaranteed under subsection
        likely to be needed.as a result of such expectea employ-           (d)(2). Any such guarantee made by the Secretary shall
        ment and related new population;                                   be conclusive evidence of the eligibility. of the obligation
           (C) a projection of such state's or unit's estimated tax        involved for such guarantee, and the validity of any such
   M'   receipts during such reasonable time thereafter, not to            guarantee so made shall be incontestable in the hands of
        exceed 30 years, which will be available for the repay-            a holder of the guaranteed obligation, except for fraud or
        ment of such loan or guarantee; and                                material misrepresentation on the part of the holder, or
           (D) a proposed repayment schedule.                              known to the holder at the time acquired.
        The procedures required by this paragraph shall also
        provide for the periodic verification, review, and                   (3) The Secretary shall prescribe and collect fees in
        modification (if necessary) by the Secretary of the infor-         connection with guarantees made under' subsection
        mation or other material required to be submitted pur-             (d)(2). These fees may not exceed the amount which the
        suant to this paragraph.                                           Secretary estimates to be necessary to cover the ad-
           (4) Requirements, terms, and conditions (which may              ministrative costs pertaining to such guarantees.
        include the posting of security ) which shall be imposed             (4) The interest paid on any obligation which is
        by the Secretary, in connection with loans and guarantees          guaranteed under. subsection (d)(2) and which is received
        made under subsections (d)(1) and (2), in order to assure          by the purchaser thereof (or the purchaser's successor in
        repayment within the time fixed, to assure that the                interest), shall be included in gross income for the pur-
        proceeds thereof may not be used to provide public ser-            pose of chapter I of the Internal Revenue Code of 1954.
        vices for an unreasonable length of time, and otherwise to         The Secretary may pay out of the Fund to the coastal
        protect the financial interests of the United States.              state or the unit of general purpose local government
           (5) Criteria under which the Secretary shall establish          issuing such obligations not more than such portion of
        rates of, interest on loans made under subsections (d)(1)          the interest on such obligations as exceeds the amount of
        and (3). Such rates shall not exceed the current average           interest that would-be due at a comparable rate deter-
        market yield on outstanding marketable obligations of              mined for loans made under subsection (d)(1).
        the United States with remaining periods to maturity                 (5)(A) Payments required to m made as a result of any
        comparable to the maturity of such loans.                          guarantee made under subsection (d)(2) shall'be made by
           In developing rules and regulations under this subsec-          the Secretary from sums appropriated to the Fund or,
        tion, the Secretary shall, to the extent practicable, re-          from moneys obtained from the Secretary of the
        quest the views of, or consult with, appropriate persons
  Mi    regarding impacts resulting from coastal energy actiyity.          Treasury pursuant to paragraph (6).
           (r)(1) Bonds or other evidences of indebtedness                   (B) If there is a default by a coastal state or unit of
        guaranteed under subsection (d)(2) shall be guaranteed             general purpose local government in any payment of
        on such terms and conditions as the Secretary shall                principal or interest due under a bond or other evidence
        prescribe, except that -                                           of indebtedness guaranteed by the Secretary undez sub-
           (A) no guarantee shall be made unless the indebtedness          section (d)(2), any holder of such bond or other evidence
        involved will be completely amortized within a                     of indebtedness may demand payment by the Secretary
        reasonable period, not to exceed 30 years;                         of the unpaid interest on and the unpaid principal of such




                                                               Environment Reporter                                                      4






                                                                                                                                                    S-763
                 COASTAL ZONE ACT
                                                                                                                                                 71:8015

                 obligation as they become due. The Secretary, after in-                on outstanding marketable obligations of the United
                 vestigating the facts presented by the holder, shall pay to            States on comparable -maturities during the month
                 the holder the amount which is due such holder, unless                 preceding the issuance of such notes or other obligations.
                 the Secretary finds that there was no default by such state            Any sum.% received by the Secretary through such
                 or unit or that such default has been remedied.                        issuance shall be deposited in the Fund. The Secretary of
                   (C) If the Secretary makes a payment to a holder un-                 the Treasury shall purchase any notes or *other
                 der subparagraph (B), the Secretary shall -                            obligations issued under this paragraph, and for this pur-
                   (i) have all of the rights granted to the Secretary or the           pose such Secretary may use as a public debt transaction
                 United States by law or by agreement with the obligor;                 the proceeds from the sale of any securities Issued under
                 and                                                                    the Second Liberty Bond Act, as now or hereafter in
                                                                                        force. The purposes for which securities may be issued
                   (ii) be subrogated to all       of the rights which were             under that Act are extended to include any purchase of
                 granted such. holder, by law, assignment, or security                  notes or other obligations issued under this paragraph.
                 agreement between such holder and the obligor.                         The Secretary of the Treasury may at anytime sell any of
                   Such rights shall include, but not be limited to, a right            the notes or other obligations so acquired under this
                 of reimbursement to the. United States against the                     paragraph. All redemptions, purchases, and sales of such
                 coastal 'state or unit of general purpose local government             notes or other obligations by the Secretary of the
                 for which the payment was made for the amount of such                  Treasury shall be treated as public debt transactions of
                 payment plus interest at the prevailing current rate as                the United States.
                 determined by the Secretary. If such coastal state, or the                (g)(1) No coastal state is eligible to receive any finan-
                 coastal state in which such unit is located, is due to                 cial assistance under this section unless such state -
                 receive any amount under subsection (b), the Secretary                    (A) has a management program which has been ap-
                 shall, in lieu of paying such amount to such state, deposit            proved under section 306;
                 such amount in the Fund until such right of reimburse-                    (B) is receiving a grant under section 305(c) or (d); or
                 ment has been satisfied. The Secretary may accept, in
                 complete or partial satisfaction of any such rights, a con-               (C) is, in the judgment of the Secretary, making
                 veyance of property or interests therein. Any property so              satisfactory progress toward the development of a
                 obtained by the Secretary may be completed, main-                      management program which is consistent with the
                 tained, operated, held, rented, sold, or otherwise dealt               policies set forth in section 303.
                 wi.th or disposed of on such terms or conditions as the                   (2).Each coastal state shall, to the maximum extent
                 Secretary prescribes or approves. If, in any case, the sum             practicable, provide that financial assistance provided
                                                                                        under this section be apportioned, allocated, and granted
                 received through the sale of such property is greater than
                 the amount paid to the holder under subparagraph (D)                   to units of local government within such state on a basis
                 plus costs, the Secretary shall pay any such excess to the             which is proportional to the extent to which such units
                 obligor.                                                               need such assistance.
                   (D) The Attorney General shall, upon the request of                     (h) There is established in the Treasury of the United
                 the Secretary, take such action as may be appropriate to               States the Coastal Energy Impact Fund. The Fund shall
                 enforce any right accruing to the Secretary or the United              be available to the Secretary without fiscal year limita-
                 States as a result of the making of any guarantee under                tion as a revolving fund for the purposes of carrying out
                 subsection (d)(2). Any sums received through any sale                  subsections (c) and (d). The Fund shall consist of-@-
                 under. subparagraph (C) or recovered pursuant to this                     (1) any sums appropriated to the Fund;
                 subparagraph shall be -paid into, the Fund.                               (2) payments of principal and interest received under
                                                                                        any loan made under subsection (d)(1);
                   (6) Ifthe.moneys available to the Secretary are not suf-                (3) any fees received in connection with any guarantee
                 ficient to pay any amount which the Secretary is                       made under subsection (d)(2); and
                 obligated to pay under paragraph (5), the Secretary shall                 (4) any recoveries and receipts under security, subroga-
                 issue to the Secretary of the Treasury notes or other                  tion, and other rights and authorities described in subsec-
                 obligations (only to such extend and in such amounts as                tion (f).
                 may be provided for in appropriation Acts) in such forms                  All payments made by the Secretary to carry out the
                 and denominations, bearing such maturities,,       znd subject         provisions of subsections (c), (d), and (0 (including re-
                 to such terms and conditions as the Secretary of the                   imbursements to other Government accour:!!-.,,                L_
                 Treasury prescribes. Such notes or other obligations shall             paid from the Fund, onl@ Lu the extevii provided. for in
                 bear interest at a rate determined by the Secretary of the             appropriation Acts. Sums in the Fund which are not
                 Treasury on the basis of the current average market yield              currently needed for the purposes of subsections (c), (d),







                 5-16-66                        Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington. D.C. 20037                               47






                                                                                                                                    FEDERAL LAWS
        71:8016
   i                                                                                                 INTERSTATE GRANTS
        and (f) shall be kept on deposit or invested in obligations                                  [309 revised by PL 96-4641
        of, or guaranteed by, the United States.
                      1308(h) amended by PL 99-2721                                    SEC. 309.      (a) The coastal States are encouraged
                                                                                    to give high priority-
           (ij The Secretary shall not intercede in any land use or                    (1) to coordinating State coastal zone planning,
        water use decision of any coastal state with respect to the                 policies, and programs with respect to contiguous areas
        siting of any energy facility or public facility by making                  of such States;
        siting in a particular location a prerequisite to, or a con-                   (2) to studying, planning, and implementing unified
        d I t,,'o n0f'ri n'ancial assistance under this section.                    coastal zone policies with respect to such areas; and
              The Secretary may evaluate, and report                to the             (3) to establishing an effective mechanism, and
        C
           n        on the efforts of the coastal states and units of               adopting a Fccleral-State consultation procedure, for tk
              ress,                                                                 identification, examination,- and cooperative resolution
        loocaiggovernment therein to reduce or ameliorate adverse                   of mutual problems with respect to the marine and
        c o ns                                                          and
           ,@equences resulting from coastal energy activity
                  ten, to which such efforts-involve adequate con-                  coastal areas which affect, directly or indirectly, the
        on 'c ex                                                                    applicable coastal zone.
        sideration of alternative sites.                                            The coastal zone activities described in paragraphs (1),
           (k) To the extent that Federal       funds are available un-             (2), and    (3) of this subsection may be conducted
        der, or pursuant to, any other law with respect to -                        pursuant    to interstate agreements or compacts. The
           (1) study and planning for which Financial assistance may                Secretary   may make grants annually, in amounts not
        be provided under subsection (b)(4)(B) and (c)(1),           -or            to exceed   90 percent of the cost of such activities, if the
           (2) public facilities and public services for which finan-               Secretary   finds that the proceeds of such grants will be
        cial assistance may be provided under subsection                            used for purposes consistent with sections 305 and 306.
        (b)(4)(B) and (d), the Secretary shall, to'the extent prac-                    (b) The consent of the Congress is hereby given to
        ticable., administer such subsections                                       two or more coastal States to negotiate, and to enter
           (A) on the basis that the financial assistance shall be in               into, agreements or compacts, which do not conflict with
        addition to, and not in lieu of, any Federal funds which                    any law or treaty of the United States, for-
        any coastal state or unit of general purpose local govern-                     (1) developing and administering coordinated coastal
        ment may obtain under any other law; and                                    zone planning, policies, and programs pursuant to
                                                                                    sections 305 and 306; and
           (B) to avoid duplication.                                                   (2) establishing executive instrumentalities or agencies
           (1) As used in this section -                                            which such States deem desirable for the effective
           (1) The term 'retirement,' when used with respect to                     implementation of such agreements or compacts.
        bonds, means the redemption in full and the withdrawal                      Such agreements or compacts shall be binding and
        from circulation of those which cannot be repaid by the                     obligatory upon any State or party thereto without
        issuing jurisdiction in accordance with the appropriate                     further approval by the Congress.
        repayment schedule.                                                            (c) Each executive instrumentality or agency which
           (2) The term 'unavoidable,' when used with respect to a                  is established by an interstate agreement or compact
        loss of any valuable environmental or recreational                          pursuant to this section is encouraged to give high
        resource, means a loss, in whole or in part -                               priority to the coastal zone activities described in
           (A) the costs of prevention, reduction, or amelioration                  subsection (a). The Secretary, the Secretary of the
        of which cannot be directly or indirectly attributed to, or                 Interior, the Chairman of the Council on Environmental
        assessed against, any identifiable person, and                              Quality, the Administrator of the Environmental Protec-
           (B) cannot be paid for with-finds which are available                    tion Agency, the Secretary of the department in which
        under, or pursuant to, any provision of Federal law other                   the Coast Guard is operating, and the Secretary of
     I  than this section.                                                          Energy, or their designated representatives, shall partici-
           (3) The term 'unit of general purpose local govern-                      pate ex officio on. behalf of the Federal Gqvernment
        ment' means any political subdivision of any coastal state                  whenever any such Federal-State consultation is re-
        or any special entity created by such a state or subdivi                    quested by such an instrumentality or agency.
                                                                                       (d) If no applicable interstate agreement or compact
        sion which (in whole or part) is located in, or has authori                 exists, the Secretary may coordinate coastal zone
        ty over  ' such state's coastal zone, and which (A) -has                    act ivitics described in subsection (a) and may make
        authority to levy taxes or establish and collect user                          ants to ass*                     of two or more coastal
        fees, and (B) provides any public facility or public service                gr              ist any group
                                                                                    states to create and maintain       a temporary planning and
        which is Financed in whole or part by taxes or user fees.                   coordinating entity to carry out such activities. The







                                                                      Environment Reporter                                                              48




               COASTAL ZONE ACT                                                                                                                    S-763
                                                                                                                                                71:8017

               amount of such grants shall not exceed 90 percent                          (2) is failing to make satisfactory progress in provid-
               of the cost of creating and maintaining such an entity.                 ing in its management program for the matters referred
               The Federal officials specified in subsection (c), or                   to in section 306(i)(A) and (B).
               their designated representatives, shall participate on                                [312(c) amended by PL 99-2721
               behalf of the Federal Government, upon the request of
               any such temporary planning and coordinating entity                        (d) The    Secretary shall withdraw approval of the
               for it Federal-State consultation.                                      management program of any coastal state, and shall
                  (c) A coastal State is eligible to receive financial                 withdraw any Financial assistance available to that
               assistance under this section if such State meets the                   state under this title as well as any unexp6nded portion
               criteria established under section 308(g)(1).                           of such assistance, if the Secretary determines that the
                  RESEARCH AND TECHNICAL ASSISTANCE                                    coastal state is failing to adhere to, is not justified in
                     FOR COASTAL ZONE MANAGEMENT                                       deviating from (1) the management program approved
                                                                                       by the Secretary, or (2) the terms of any grant or
                SEC. 310 [Repealed]                                                    cooperative -agreement funded under section 306, and
                             [310 repealed by PL 99-2721                               refuses to remedy the deviation.
                                  PUBLIC HEARINGS                                         (e) Management program approval-and financial
                                                                                       assistance may not be withdrawn under subsection (d),
                  SEC. 311. All public hearings required       under this title        unless the Secretary gives the coastal state notice of
               must be announced at least thirty days prior to the hear-               the proposed withdrawal and an opportunity for a
               ing date. At the time of the announcement, all agency                   public hearing on the proposed action. Upon the with-
               materials pertinent to the hearings, including documents,               drawal of     management program approval under this
               studies, and other data, must be made available to the                  subsection    (d), the Secretary shall provide the coastal
               public for review and study. As similar materials are sub-              state with written specifications of the actions that
               sequently developed, they shall be made available to the                should be     taken   or not engaged in, by the state in
               public as they become available.to the agency.                          order that    such withdrawal may be canceled by the
                           REVIEW OF PERFORMANCE                                       Secretary.
                               [312 revised by PL 96-464]                                 (f) The    Secretary shall carry out research on, and
                                                                                       offer technical assistance to the coastal states with
                  SEC. 312. (a) The Secretary shall conduct a con-                     respect to, those activities, projects, and other relevant
               tinuing review of the performance of coastal states                     matters evaluated under this section that the Secretary
               with respect to coastal management. Each review shall                   considers to offer promise toward improving coastal
               include a written evaluation with an assessment and                     zone management.
               detailed findings concerning the extent to which the state
               has implemented and enforced the program approved by                       [Editor's note.- Section 9(b) of PL 96-464 provides:
               the Secretary, addressed the coastal management needs                      -(b) Within two hundred and seventy days after
               identified in section 303(2)(A) through (1), and                        the date of the enactment of this Act, the Secretary of
               adhered to the terms of any grant, loan, or cooperative                 Commerce shall issue such regulations as may be
               agreement funded under this title.                                      necessary or appropriate to administer section 312 of
                  (b) For the purpose of making the evaluation of a                    the Coastal Zone Management Act of 1972 (as
               coastal state's performance, the.Secretary shall conduct                amended by subsection '(a)* of this section).'
               public meetings and provide opportunity for oral and
               written comments by the public. Each such evaluation
               shall be prepared in report form and the Secretary                                       RECORDS AND AUDIT
               shall make copies thereof available to the public.                         SEC.   313. (a) E  .ach recipient of a grant under this
                  (c) The Secretary shall reduce any financial as-                     title or  of financial assistance under Sec. 308 shall
               sistance extended to any coastal state under section 306                keep such records as the Secretar@ shall prescribe,
               (but not below 70 per centurn of the amount that                        including records which fully disclose the amount and
               would otherwise be available to the coastal state under                 disposition of the funds received under the arant and of
               such section for any year), and withdraw any unexpended                 the proceeds of such assistance. the total cost of the pro-
               portion of such reduction, if the Secretary determines                  ject or undertaking supplied by other sources, and such
               that the coastal state-                                                 other records as will facilitate an effcctive audit.
                  (1) is failing to make significant improvement in
               achieving the coastal management objectives specified in
               section 303(2)(A) through (1); or                                             'Subsection (a) revised Section 112 of thisAct.







               5-16-86                         Published by THE BUREAU Of: NATIONAL AFFAIRS. INC.. Washington, D.C. 20037                                49






        71:8018                                                                                                         FEDERAL LAWS

          (b) The Secretary and the Comptroller General of tile                 (B) the law of the coastal State provides long-term
        United States, or any of their duly authorized represen-             protection for reserve resources to ensure a stable envi-
        tatives, shall -                                                     ronmcnt for research;
          ( I ) after any grant is made under this title or any finan-          (C) designation of the area as a reserve will serve to
        cial assistance is provided under section 308(d): and                enhance public awareness and understanding of cstuar-
          (2) until the expiration of 3 years after -                        ine areas, and provide suitable opportunities for public
          (A) completion of the project, program, or other un-               education and interpretation; and
        dertaking for which such grant was made or used, or                     (D) the coastal State in which the area is located has
          (B) repayment of the loan or guaranteed                            complied with the requirements of any regulations issued
        for which such financial assistance was provided,                    by the Secretary to implement this section.
        have access for purposes of audit and examination to any                (c) Estuarine Research Guidelines.-The Secretary
        record, book, document, and paper which belongs to or is             shall develop guidelines for the conduct of research
        used or controlled by, any recipient of the grant fufids or          within the System    that shall include-
        any person who entered into any transaction relating to                 (1) a mechanism for identifying, and establishing
        such financial assistance and which is pertinent for pur-            priorities among, the coastal management issues that
        poses of determining if the grant funds or the proceeds of           should be addressed through coordinated research within
        such financial assistance are being, or were, used in ac-            the System;
        cordance with the provisions of this title.                             (2) the establishment of.common research principles
                                                                             and objectives to guide the development of research
                      ADVISORY COMMITTEE                                     programs within the System; -
                                                                                (3) the identification of uniform research methodolo-
                                                                             gies which will ensure comparability of data, the broad-
          SEC. 314. [Repealed]                                               est application of research results, and the maximum use
                       [314 repealed by PL 99-272]                           of the System for research purposes;
                                                                                (4) the establishment of performance standards upon
                NATIONAL ESTUARINE RESERVE                                   which the effectiveness of the research efforts and the
                         RESEARCH SYSTEM                                     value of reserves within the System in addressing the
                                                                             coastal management issues identified in subsection (1)
          SEC. 315. (a)- Establishment of the System.-There is               maybe measured; and .
        established the National Estuarine Reserve Research                     (5) the consideration of additional sources of funds for
        System (hereinafter referred to in this section as the               estuarine research than the funds authorized under this
        'Systern') that consists of-                                         Act, and strategies for encouraging the use of such funds
          (1) each estuarine sanctuary designated under this                 within the System, with particular emphasis on mecha-
        section as in effect before the date of the enactment of             nisms established under subsection (d).
        the Coastal Zone Management Reauthorization Act of                   In developing the guidelines under this section, the
        1985; and                                                            Secretary shall consult with prominent members of the
        . (2) each estuarine area designated as a national es-               estuarine research community.
        tuarine reserve under subsection (b).                                   (d) Promotion and Coordination of Estuarine Re-
        Each estuarine sanctuary referred to     in paragraph (1) is         search.-The Secretary shall take such action as is
        hereby designated as a national estuarine reserve.                   necessary to promote and coordinate the use of the
          (b) Designation of National Estuarine Reserves.-                   System for research purposes including-
        After the date of the enactment of the Coastal Zone                     (1) requiring that the National Oceanic and Atmo-
        Management Reauthorization Act of 1985, the Secre-                   spheric Administration, in conducting or supporting es-
        tary may designaie an estuarine area as a national                   tuarine research give priority consideration to research
        estuarine reserve if-                                                that uses the System; and
          (1) the Governor of the coastal State in which the                    (2) consulting with other Federal and State agencies
        area is located nominates the area for that designation;             to promote use of one or more reserves within the
        and                                                                  System by such agencies when conducting estuarine
          (2) the Secretary finds that-                                      research.
          (A) the area is a representative estuarine ecosystem                  (e) Financial Assistance.-(I) The Secretary may, in
        that is suitable for long-term research and contributes to           accordance with such rules and regulations as the Secre-
        the biogeographical and typological balance of the                   tary shall promulgate, make grants-
        System;                                                                 (A) to a coastal State-









                                                                EmAronment Reporter                                                        so





                  COASTAL ZONE ACT                                                                                                                         S-818
                                                                                                                                                        71:8019
                    (i) for purposes of acquiring such lands and watcr@,                    consistent with the research guidelines developed under
                  and any property interests therein, as arc necessary to                   subsection (c).
                  ensure the appropriate long-term management of an                            (g) Rcport.-The Secretary shall Include in the report
                  area as a national estuarine reserve,                                     required under section 316 informat         ion regarding-
                    (ii) for purposes of operating or managing a national                      (I ) new designations of national estuarine reserves;
                  estuarine reserve and constructing appropriate reserve                       (2) any expansion of existing national estuarine
                  facilities, or                                                            reserves;
                    (iii) for purposes of conducting educational or inter-                     (3) the status of the research program being conduct-
                  prctive activities; and                                                   ed within the System; and
                    (13) to any coastal State or public or private person for                  (4) a summary of the evaluations made under subscc-
                  purposes of supporting research and monitoring within a                   tion (f).
                  national estuarine reserve that arc consistent with the                      [315 amended by PL 96-464; revised by PL 99-2721
                  research guidelines developed under subsection (c).
                    (2) Financial assistance provided under paragraph (1)
                  shall be subject to such terms and conditions as the                          COASTAL ZONE MANAGEMENT REPORT
                  Secretary considers necessary or appropriate to protect                                 (316 head revised by PL 96-4641
                  the interests of the United States, including requiring                      SEC. 316. (a) The Secretary shall consult with the
                  coastal States to execute suitable title documents setting                Congress on a regular basis concerning the administra-
                  forth the property interest or interests of the United
                  States in any lands and waters acquireq in whole or part                  tion of this title and shall prepare and submit to
                  with such financial assistance.                                           the President for transmittal to the Congress a report
                                                                                            summarizing the administration of this title during each
                    (3)(A) The amount of the financial assistance pro-
                  vided under paragraph (1)(A)(i) of subsection (e) with                    period of two consecutive fiscal years. Each report, which
                  respect to the acquisition of lands and waters, or inter-                 shall be transmitted to the Congress not later than
                  ests therein, for any one national estuarine reserve may                  April I of the year following the close of the
                  not exceed an amount equal to 50 per centum of the                        biennial period to which it pertains, shall include, but
                  costs of the lands, waters, and interests therein or                      not be restricted to (1) an identification of the state
                  $4,000,000, whichever amount is less.                                     programs approved pursuant to this title during the
                    (13) The amount of the financial assistance provided                    preceding. Federal fiscal year and a description of those
                                                                                            programs; (2) a listing of the states participating in
                  under paragraph (1)(A)(ii) and (iii) and paragraph                        the provisions of this title and a description of the
                  (1)(13) of subsection (e) may not exceed 50 per centum                    status of each state's programs and its accomplishments
                  of the costs incurred to achieve the purposes described in                during the preceding Federal Fiscal year: (3) an itemiza-
                  those paragraphs with respect to a reserve.                               tion of the allocation of funds to the various coastal
                    (f) Evaluation of System Performance.-(I) The Sec-                      states and a breakdown of the major projects and areas
                  retary shall periodically evaluate the operation and man-                 on which these funds were expended, (4) an identifi-
                  agement of each national estuarine reserve, including                     cation of any state programs which have been reviewed
                  education and interpretive activities, and the research                   and disapproved and a statement of the reasons for such
                  being conducted within the reserve.                                       action; (5) a summary of evaluation findings prepared
                    (2) If evaluation under paragraph (1) reveals that the                  in accordance with subsection (a) of section 312, and a
                  operation and management of the reserve is deficient, or                  description of any sanctions imposed under subsections
                  that the research being conducted within the reserve is                   (c) and (d) of this section; (6) a listing of all activities
                  not consistent with the research guidelines developed                     and projects which, pursuant to the provisions of sub-
                  under subsection (c), the Secretary may suspend the                       section (c) or subsection (d) of section 307, are not
                  eligibility of that reserve for financial assistance under                consistent with an applicable approved state manage-
                  subsection (e) until the deficiency or inconsistency is                   ment program; (7) a' summary of the regulations issued
                  remedied.                                                                 by the Secretary or in effect ddring the preceding
                    (3) The secretary may withdraw the designation of an                    Federal fiscal year; (8) a summary of a coordinated
                  estuarine area as a national estuarine reserve if evalua-                 national strategy and program for the Nation's coastal
                  tion under paragraph (1) reveals that-                                    zone including identification and discussion of Federal,
                    (A) the basis for any one or more of the firrdings made                 regional, state, and local responsibilities and functions
                  under subsection (b)(2) regarding that area no longer                     therein; (9) a summary of outstanding problems arising
                  exists; or                                                                in the administration of this title in order of priorltv-.
                    (B) a substantial portion of the research conducted                     (10) a description of the economic, environmental, and
                  within the area, over a period of years, has not been                     social consequences of energy activity affecting the







                  10-7-88                          Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. washington, D.C. 20037                                     9






        1 8020                                                                                                              FEDERAL LAWS

       coastal   zone and an evaluation of the         effectiveness of         rr@ay be necessary for grants under section 308(b);
       financial assistance under section 308          in dealing with             (318(a)(2) deleted and (a)(3) redesignated as (2)
                 ns(
       s n    co ' equences; (11) a description        and evaluation                                  by PL 99-2721
     Tour applicable interstate and regional planning and                         (3) such sums, not to exceed $1,000,000 for the fiscal
       coordination mechanisms developed by the coastal                         year ending September 30, 1986, and not to exceed
       states; (12) a summary and evaluation           of the research,         S1,500,000 for each of the fiscal years occurring during
       studies, and training conducted in support of coastal zone               the period beginning October 1, 1996, and ending Sep-
       management; and (13) such other information as may                       tcmbcr 30, 1990, as -may be necessary for grants under
       be appropriate.                                                          section 309, to remain available until expended;
                   [316(a) amended by PL 96464]                                   (4) such sums, not to exceed S2,500,000 for the fiscal
          (b) The report required by subsection (a) shall contain               year ending September 30, 1986, not to exceed
       such recommendations for additional legislation as the                   S3,800,000 for the fiscal year ending September 30,
       Secretary deems necessary to achieve the objectives of                   1987, S4,500,000 for the fiscal year ending September
       this title and enhance its effective operation.                          30, 1988, $5,000,000 for the fiscal year ending Septem-
          (c) (1) The Secretary shall conduct a systematic                      L
                                                                                Uer 30, 1989, and S5,500,000 for the fiscal year ending
       review of Federal programs, other than this title, that                  C,
       affect coastal resources for purposes of identifying                     -September 30, 1990, as may be necessary for grants
       conflicts between the objectives and administration of                   under section 315, to remain available until expended;
       such programs and the purposes and policies of this                      and
       title. Not later than I year after the date of the enact-                  (5) such sums, not to exceed $3,300,000 for the fiscal
       ment of this subsection, the Secretary shall notify each                 year ending September 30, 1986, not to exceed
       Federal agency having appropriate jurisdiction of any                    $3,300,000 for the fiscal year ending September 30,
       conflict between its program and the purposes and                        1987, S3,300,000 for the fiscal year ending September
       policies of this title identified as a result of such review.            30, 1988, S4,000,000 for the fiscal year ending Septem-
         (2) The Secretary shall promptly submit a report to                    ber 30, 1989, and $4,000,000 for the fiscal year ending
                                                                                September 30, 1990, as may be necessary for adminis-
       the Congress consisting of the information required                      trative expenses incident to the administration of this
       under paragraph (1) of this subsection. Such report
       shall include recommendations for changes necessary to                   title.
       resolve existing conflicts among Federal laws and                               [318(a)(4)-(6) revised and redesignated
       programs that affect the uses of coastal resources.                                     as (3)-(5) by PL 99-272]
                     [316(c) added by PL 96-464]
                    RULES AND REGULATIONS
         SEC 317, The Secretary shall develop and promulgate,                     (b) There are authorized - to be appropriated until
       pursuant to section 553 of title 5, United States Code                   October 1, 1986, to the Fund, such sums, not to exceed
       after notice and opportunity for full participation by rele'             $800,000,000, for the purposes of carrying out the
       vant Federal agencies, state agencies, local governments,                provisions of section 308, other than subsection (b), of
       regional organizations. port authorities, and other in-                  which not to exceed $150,000,000 shall be for purposes
       terested parties, both public and private, such rules and                of subsections (c)(1),       (c)(2)  and (c)(3) of such
       regulations as may be necessary to carry out the                         section.
       provisions of this title.                                                           (318(b) amended by PL 96-4641
                                                                                  (c) Federal funds received from other sources shall
           AUTHORIZATION OF APPROPRIATIONS                                      not be used to pay a coastal state's share of costs under
                                                                                section 306 or 309.
         SEC. 318. (a) There are authorized to be appropriated                             [318(c) amended by PL 964641
       to the Secretary -'
                 [318(a) revised by PL 96-4641                                    (d) The  amount of any grant, or portion of a grant,
          (1) such sums, not to exceed $35,000,000 for the fiscal               made to a  State under any section of this Act which is
       year ending September 30, 1986, not to exceed                            not obligated by such State during the fiscal year, or
       $36,600,000 for the fiscal year ending September @0,                     during the second fiscal year after the fiscal year, for
       19879 $37,900,00 for the fiscal year ending September                    which it was first authorized to be obligated by such
       30, 1988, $38,800,000 for the fiscal year ending Septem-                 State shall revert to the Secretary. The Secretary shall
       ber 30, 1989, and $40,600,000 for the fiscal year ending                 add such reverted amount to those funds available for
       September 30, 1990, as may be necessary for grants                       grants under the section for such reverted amount was
       under sections 306 and 306A, to remain available until                   originally made available.
       expended.                                                                             [318(d) added by PL 99-6261
                    [3 1 8(a)( I ) revised by PL 99-2721                          [Editor's note.- In addition to amending existing sec-
          (2) such sums, not to exceed S75,000,000 for each of                  tions of the Coastal Zone Management Act of 1972 and
       the fiscal years occurring during the period beginning                   addine new sections to the Act, Pl- 94-370 includes the
       October 1, 1980, and ending September 30, 1988, as                       following sections:]

                                                                  Environment Reporter                                                           10






                                                                                                                                                   S-763
                 COASTAL ZONE ACT                                                                                                               71:8021

                   SEC. 15.- A DMINISTRA TION                                           the same date and to each House of theCongress while
                   (a) [Repealed by PL 95-219]                                          it Is in session.. Such final rule shall be@ referred to the
                   (b) (Superseded by subsection         (b) of PL 95-219.              Committee on Commerce, Science, and Transportation
                 see editor's note below.]                                              of the Senate and to the Committee on Merchant
                                                                                        Marine and Fisheries of the House, respectively.
                   (c) [Repeated by PL 99-2721                                            (2) Any such final rule shall become effective: in
                                                                                        accordance with its terms unless, before the end of the
                   SEC. 16. SIIELLFISII SANITATION REGULA-                              period of sixty calendar days of continuous session,
                 TIONS.                                                                 after the date such final rule is submitted to the Congress,
                   (a) The Secretary of Commerce shall -                                both Houses of the Congress adopt a concurrent resolu-
                   (1) undertake a comprehensive review of all aspects of               tion disapproving such final rule,                  .   I
                 the molluscan* shellfish industry, including, but not                    (b) (1) The provisions of this. subsection are
                 limited to, the harvesting, processing, and transportation             enacted by the Congress-
                 of such shellfish; and
                   (2) .. evaluate the impact of Federal law concerning                   (A) as an exercise in the rulemaking power of the
                 water quality on the molluscan shelffish industry.                     House of Representatives and as such they are'deemed
                   The Secretary of Commerce shall, not later than April                a part of the Rules of the House of Representatives
                 30, 1977, submit a report to the Congress of the Findings,             but applicable only with respect to the procedure to be
                 comments, and recommendations (if any) which result                    followed in the House of Representatives in the case of
                 from such review and evaluation.                                       concurrent resolutions which are subject to this section,
                   (b) The Secretary of Health. Education, and Welfare                  and such provisions stipetsede other rules only to the
                 shall not promulgate final regulations concerning the                  extent that they are inconsistent with @uch other rules;
                 national shellfish safety program before June 30, 1977.                and
                 At least 60 days prior to the promulgation of any such                   (8) with full recognition of the constitutional right
                 regulations, the Secretary of Health, Education, and                   of either House to change the rules (so far as relating
                 Welfare. in consultation with the Secretary pfCommerce,                to the procedure of that House) at any time in the same
                 shall publish an analysis (1) of the economic impact of                manner and to the same extent as in the'case of any
                 such regulations on the domestic shellfish industry, and               other rule of that House.
                 (2) the cost of such national shellfish safety program                   (2) Any concurrent resolution disapproving a (-trial
                 relative to the benefits that it is expected to achieve.               rule of the Secretary shall, upon introduction or receipt
                                                                                        from the other House of the Congress, be referred
                   [Editor's note.- In addition to repealing Section 15(a)              immediately by the presiding officer of such House to
                 of PL 94-370, subsection (b) of PL 95-219 amended                      the Committee on Commerce, Science, and Transporta-
                 Section 5316 of Title 5, United States Code as follows:                tion of the Senate or to the Committee on Merchant
                   "(140) Assistant Administrator for Coastal Zone                      Marine and Fisheries of the House, as the case may be.
                 Management, National Oceanic and Atmospheric Ad-                         (3) (A) When a committee has reported a con-
                 ministration.                                                          current resolution, it shall be at any time thereafter in
                   (141) Assistant Administrator for Fisheries, National                order (even though a previous motion to the same effect
                 Oceanic and Atmospheric Administration.                                has been disagreed to) to move to proceed to the con-
                   (142) Assistant Administrators (3), National Oceanic                 sideration of the concurrent resolution. The motion
                 and Atmospheric Administrat      .ion.                                 shall be highly privileged in the House of Representa-
                   (143) General 'Counsel, National Oceanic and                         tives, and shall not be debatable. An amendment to
                 Atmospheric Administration."]                                          such motion shall not be in order, and it shall not be
                                                                                        in order to move to reconsider the vote by which the
                   [Editor*s note.- Sections .2 through        I I and 13 of            motion was agreed to or disagreed to.
                 PL 96-464 amended and have been incorporated into the                    (13) Debate in the House of Representatives on the
                 existing language of this Act. Section 12 of PL 96-464                 concurrent resolution shall be limited to not more than
                 follows:]                                                              ten hours which shall be divided equally between those
                   SEC 12. CONGRESSIONAL DISAPPROVAL                                    favoring and those opposing such concurrent resolution
                                                                   el                   and a motion further to limit debate shall not be
                 PROCEDURE.                                                             debatable. In the House of Representatives, an amend-
                   (a) (1) The Secretary, after promulgating a final                    nient to, or motion to recommit, the concurrent
                 rule, shall submit such Final rule to the Congress for                 resolution shall not be in order, and it shall not be
                 review in accordance with this section. Such final rule                in order to move to reconsider the vote by which such
                 shall be delivered to each House of the Congress on                    concurrent resolution was agreed to or disagreed to.







                 5-16-86                       Published by THE BUREAU OF NATIONAL AFFAIRS. INC.. Washington, D.C. 20037                               53







       71:8022                                                                                                      FEDERAL LAWS

         (4) Appeals from the decision of the Chair relating             shall be rcvlcwable by appeal directly to the Supreme
       to the application of the rules of the House of Repre-            Court of the United States. Such appeal shall be brought
       sentatives to the procedure relating to a concurrent              not later than twenty days after the decision or the
       resolution shall be decided without debate.                       court of appeals.
         (5) Notwithstanding any other provision of this                    (3) [Repealedl
       subsection, if a House has approved a concurrent
       resolution with respect to any final rule of the                              112(c)(3) repealed by PL 98-620]
       Secretary, then it shall not be in order to consider in
       such House any other concurrent resolution with respect                 (1) For purposes of this section-
       to the same Final rule.                                              (A) continuity of session is broken only by an ad-
         (c) (1) If a final rule of the Secretary is disapproved         journment sine die, and                                      I
       by the, Congress under subsection (a)(2), then the                   (B) days on which the House of Representatives is
       Secretary may promulgate a final rule which relates               not in session because of an adjournment of more
       to the same acts or practices as the final rule disapproved       than Five days to a day certain are excluded in
       by the Congress in accordance with this subsection.               the computation of the periods specified in subsection
       Such final rule-                                                  (a)(2) and subsection (b).
         (A) shall be based upon-                                           (2) If an adjournment sine Aie of the Congress
         (i) the rulemaking record of the Final rule dis-                occurs after the Secretary has submitted a Final rule
       approved by the Congress; or                                      under subsection (aX 1), but such. adjournment occurs-
         (ii) such rulemaking record and the record estab-
       lished in supplemental rulemaking proceedings con-                   (A) before the end of the period' specified in
       ducted by the *Secretary in accordance with section 553 of        subsection (a)(2); and
       title 5, United States Code, in any case in which the                (B) before any action necessary to disapprove the
       Secretary  determines that it is necessary to supplement          final rule is completed under subsection (a)(2);
         e xis
       th e i ting rulemaking record; and                                then the Secretary shall be required to resubmit the
  7      (B) may contain such changes as the Secretary                   final rule involved at the beginning of the next regular
       considers necessary or appropriate.                               session of the Congress. The period specified in sub-
         (2) The Secretary after promulgating a final rule               section (a)(2) shall begin on the date of such resub-
       under this subsection, shall submit the final rule to the         mission.
       Congress in accordance wit   .h.subsection (a)(1).                   (g) For purposes of this section:
         (d) Congressional inaction on, or rejection of a                   (1) The term "Secretary" means the Secretary of
       concurrent. resolution of disapproval under this section          Commerce.
       shall not be construed as an expression of approval
                                                                            (2) The term -concurrent resolution" means a con-
       of the final rule involved, and shall not be construed            current resolution the matter after the resolving clause
       to create any presumption of validity with respect to             of which'is as follows: "That the Congress disapproves
       such final rule.                                                  the Final rule promulgated by the Secretary of Commerce
         (e) (1) Any interested party may institute such                 dealing with the matter of                which final rule
       actions in the appropriate district court of the United                                                               11
       States, including actions for declaratory judgment, as            was submitted to the Congress on                        (The
       may be appropriate to construe the constitutionality              blank spaces shall be rifled appropriately.)
       of any provision of this section. The district court                 (3) The term "rule" means any rule promulgated
       immediately shall certify all questions of the consti-            by the Secretary pursuant to the Coastal Zone Manage-
       tutionality :of this section to the United States court           ment Act (16, U.S.C. 1450 et. seq.).
       of appeals for the. circuit involved, which shall hear               (h) The provisions of this section shall take effect
       the matter sitting en banc.                                       on the date of the enactment of this Act and shall
         (2) Notwithstanding any     other provision of law, any         cease to have any force or effect after September 30,
       decision on a matter certified under paragraph (1)                1985'.
















                                                             Environment Reporter                                                    54






I
I
0
i
I
I                                Appendix E
I
I                       Evaluation of Existing
                        H-PASS and Wang VS
I
I
I
I
I
I
1@
I
1@








                     Evaluation of Eidsting H-PASS and Wang VS

                      1.1  Evaluation of Hardware and Software Capability for Future
                           Use

                            1.1.1 Wang VS minicomputer, Wang microcomputer
                                  terminals, Wang network

                                       The Wang VS minicomputer and terminals are
                                       still operating and can be used in the future.
                                       However, the $30,000 or greater annual cost for
                                       maintaining the system will outweigh the benefits
                                       for the CZM program. The technology used in
                                       the Wang VS and microcomputers is dated.
                                       Continued use of the Wang system will lock the
                                       CZM office into the full maintenance contract
                                       even though the H-PASS system is getting limited
                                       use.


                                       Greater functionality and reliability at a lower
                                       cost can be obtained by using IBM compatible
                                       microcomputers. In addition, IBM compatible
                                       microcomputers will be consistent with the
                                       systems the counties will be acquiring. This will
                                       make it easier for the CZM office to develop
                                       compatible database systems with the counties.

                                       The Wang telecommunications system is not
                                       functioning correctly. Only DLNR has an active
                                       connection to the H-PASS system. The counties
                                       and OEQC cannot access H-PASS because of
                                       telecommunications problems. The hardware
                                       vendor blames the application software, but no
                                       one is maintaining the applications software. The
                                       nd result is that the telecommunications problems
                                       will not be resolved.


                                       The Wang terminals can be used for general
                                       office tasks. However, because the terminals run
                                       an outdated version of DOS, some new
                                       applications may not run on them.








                            1.1.2 H-PASS application

                                        The design documents for the H-PASS application
                                        should be kept. The concepts behind the
                                        Statewide planning database still apply, and may
                                        assist the designers of future planning database
                                        systems.

                                        The H-PASS application should be phased out.
                                        T'he expertise and design specifications required
                                        to maintain the application do not exist. No one
                                        currently understands the system well enough to
                                        make enhancements.


                                        To reverse engineer the system will take a
                                        significant amount of time and money. This time
                                        and money can be more effectively spent
                                        developing a microcomputer application. With
                                        the current PC database and application tools,
                                        applications that are easier to use and more
                                        powerful than H-PASS can be developed in a
                                        shorter time than it will take to update the H-
                                        PASS system. In addition, the expertise to
                                        develop a PC database system is widely available,
                                        and could possibly be done by in-house CZM
                                        staff.


                                        A PC-based system will provide additional tools
                                        including integrated spreadsheets, word
                                        processing, and project management tools that are
                                        not available in the current Wang environment.




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I                       Monitoring Programs of
                                  Other States
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                             COMMUNITY RESOURCES, INC.












                                  CnA= ZCM MAVAGRIM


                            NCWaXTdM AM =UCr&mz*W PFX)MMM


                                                SD=













             Prepared for:

             Eugene P. Dashiell, AICP


             Prepared by:

             Bcb Stanfield, Manager

             Cmmiunity Resources, Inc.
             Honolulu, Hawaii








                                          May 1990







                    1088 Bishop Street Suite 1102 0 Honolulu, Hawaii 96813 Phone (808) 528-2211














                                     TABLE OF CONTENTS



                                                                   Page


             Executive Summary                                     ES-1

              1.0 The National   Context                           1-1

                   1.1   Hostile Political Environment             1-1

                   1.2   National Studies of CZM Effectiveness     1-1

                   1.3   New Federal Reporting Requirements        1-2

              2.0 Survey Findings                                  2-1

                   2.1   Monitoring                                2-1

                         2.1.1 Permits
                         2.1.2 Federal Consistency
                         2.1.3 Enforcement


                   2.2   Enforcement                               2-5


                         2.2.1 Detection
                         2.2.2 Notices
                         2.2.3 Enforcement Actions

                   2.3   Federal Reporting                         2-5

                         2.3.1 Semi-annual Tabulations
                         2.3.2 Annual Narrative Report

                   2.4   Agency Size and Work load                 2-6

                   2.5   Communication                             2-7

                         2.5.1 Objectives
                         2.5.2 Formats

                   2.6   Information Management                    2-9

                         2.6.1 Objectives
                         2.6.2 Methods





                                             ii











                                     TABLE OF CONTENTS
                                         (Continued)


                                                                      Page

             3.0 Program Innovations                                  3-1

                  3.1   Communications                                3-1

                  3.2   Information Handling                          3-5

             4.0 Recommendations and Suggestions                      4-1

                  4.1   Communications                                4-1

                  4.2   Information Handling                          4-2




             APPENDICES

                  Appendix A: List of Survey Respondents

                  Appendix B: References

                  Appendix C: Survey Mailings


					iii
			

LIST OF EXHIBITS

Exhibit								Following 
									Page


1-A	Federal Reporting Requirements			1-2

2-A	Monitoring Activities of Survey Respondents	2-2





				iv














                                  EXECUTIVE SUMMARY



             PURPOSE

                  The State of Hawaii contracted with a joint venture of
             Eugene P. Dashiell, AICP; Data House, Inc.; and Community
             Resources, Inc. (CRI) to evaluate and improve the Hawaii Coastal
             Zone Management Monitoring and Enforcement Program.

                  CRI's principal responsibility in the study was to gather
             information, evaluations, and recommendations from key
             informants in other state Coastal Zone Management (CZM)
             programs. This report summarizes the results of in-depth
             interviews with staff of ten state CZM agencies, recent national
             evaluations of the CZM program, and materials sent to CRI by
             other state CZM agencies.

             SURVEY METHOD

                  The survey of state programs was not designed to produce a
             comprehensive national portrait of the status of state CZM
             monitoring and enforcement efforts. Instead, the survey was
             designed to solicit ways in which Hawaii's program might be
             improved or problems to avoid in creating the new program.

                  A letter informing the 30 program managers of state CZM
             agencies about the Hawaii study was sent in March. Information
             about monitoring and enforcement activities was requested, and a
             post card was included to permit the managers to identify a
             contact person for follow up interviews and to recommend
             programs that might serve as models for Hawaii. (See Appendix c
             for copies of the letter, the card, and a list of the State
             Coastal Zone Managers.)

                  Nineteen of the programs responded to the letter by sending
             back the card, and in a number of cases, program documents and
             materials. Because of staff time and budget limits, not all of
             the respondents could be interviewed. Interviews were sought
             with programs based on geographic balance, program
             comparability, recommendations, and innovative reputation.
             Interviews were successfully completed with ten of the programs
             and two principals in a recent national evaluation of the CZM
             program. (See Appendix A for a list of survey respondents.)







                                           ES-1










             THE NATIONAL CONTEXT

                  During the Reagan years, the Federal czm program was often
             threatened with drastic reduction or elimination. One of the
             consequences of the critical attention focused on the program
             was a number of national studies of CZM effectiveness.

                  Dr. David Brower, a principal in one of the studies, feels
             that most states have very inadequate reporting of program
             effectiveness. Based on the evidence most are able to produce,
             it is "difficult to even make a good case for refunding (the
             national CZM program)." Some of the difficulty is due to the
             prcblem of measuring what didnvt happen because of CZM, but a
             large part of the problem is that data is neither being
             collected nor analyzed to evaluate program effectiveness.

                  The General Accounting office (GAO) found in 1986 that the
             federal CZM program's program management, monitoring, and
             evaluation needed improvement and recommended that the federal
             CZM program help the states "establish and implement formal
             program-monitoring procedures, and establish appropriate
             evaluation guidelines."

                  New federal reporting requirements for state CZM programs
             were issued in 1988 requiring semi-annual statistical summaries
             of program activities and an annual evaluation of program impact
             on State and Federal objectives.


             SURVEY RESULTS

                  M         . The way state programs monitor compliance and
             enforcement varys widely in response to the state's
             institutional structure and the powers and responsibilities of
             the lead CZM agency. Processing requirements which centralize
             or coordinate all permiting activities simplify some state's
             efforts. Most states are limited by staff and budget from doing
             as comprehensive a monitoring effort as they would like.

                  Enforcement. State enforcement programs also vary widely.
             Some agencies feel that only minor permit violations are
             escaping their attention, while other states know that
             significant amounts of unpermitted activity are not being
             detected and stopped.

                  Federal R@portin . Most of the state programs surveyed
             were complying fully with the new Federal reporting
             requirements.

                  Communication. The Hawaii Planning Activities Support
             System (HPASS) which was established to facilitate monitoring
             and enforcement by linking State and County agencies to the
             Hawaii Coastal Zone Management Program (HCZMP) was a more
             ambitious system that any used by the state programs CRI
             surveyed.

                                          ES-2








                   Many of them are just now trying to develop the computer
              linkages between agencies that HPASS was designed to create.
              Many of the respondents stressed that hardware should not be the
              major focus and emphasized the importance of creatincr and
              Mgint4ining a network of acrency professionals who provide mutual
              sumport for the manacrement of the coastal zone. Any innovation
              in hardware or process should support this objective.

                   Information Manacfement. Most of the states surveyed had
              permit and/or enforcement tracking systems in various states of
              computerization. None had developed a computerized planning
              information database as was attempted with HPASS.



              INNOVATIVE PROGRAMS

                   The survey yielded a number of suggestions for improvement
              in monitoring or communication and for information management.
              The suggestions are listed below and discussed in detail in
              Chapter 3.

                   Monitoring and Communications

                   ï¿½  Overflights and aerial photography
                   ï¿½  Staf f spot checks and site visits
                   ï¿½  Staff-local CZM manager field trips and overflights
                   ï¿½  Citizen involvement in coastal monitoring
                   ï¿½  Public awareness programs
                   ï¿½  Network awareness programs
                   o  State registers of permits, enforcement actions, and
                      other activities
                   ï¿½  Public notice networks
                   ï¿½  State clearingh ou s e/ review coordination
                   ï¿½  Joint review processes
                   ï¿½  Joint application processes
                   ï¿½  Consistency certification requirements
                   ï¿½  Staff geographic specialization
                   ï¿½  Computerized networks linking agency offices
                   ï¿½  Use of the annual review for an informal evaluation
                   ï¿½  Annual permit file review and compliance check for a
                      sample of permits issued two years previously
                   ï¿½  Five year review of local program permit files and
                      outstanding enforcement actions

                   Information Handlincr

                   ï¿½ Computer network linking agency offices
                   ï¿½ Permit or enforcement tracking databases linking
                      databases at network agencies
                   o Geographic information systems




                                           ES-3










             RECOMMENDATIONS AND SUGGESTIONS

                  A selection of respondents' suggestions and recommendations
             for communications and information management are provided in
             Chapter 4. Two of the most pertinent are:

                  ï¿½  View communicating as a way to promote awareness among
                     members of the network of CZM agencies that mutual
                     support allows pooling of resources and increases the
                     effectiveness of all agenices, in solving common
                     problems.

                  ï¿½  Make any program innovation as simple as you can. "Get
                     a foot in the door and get people comfortable." After
                     the people who do the work are comfortable with it, you
                     can expand.











































                                          ES-4















                              1. THE NATIONAL CONTEXT




              1.1 HOSTILE POLITICAL ENVIRONMENT

                   During the Reagan years, the Federal Coastal Zone
              Management Program was under attack by top administrators who
              attempted to e3iminate the program. Attempts to end the program
              were defeated by Congress who restored funding and reauthorized
              the program.

                   According to Dr. David Brower, attempts to demonstrate
              program effectiveness during these years were almost
              counterproductive because senior officials didn't want to
              recognize CZM achievements. (Interview, April 18, 1990).

                   Funding support for State programs during these years was
              erratic. There was often great uncertainty about the amount of
              funding, and grant proposals often had to be submitted at the
              last minute when Congress restored program funding.


              1.2 NATIONAL STUDIES OF CZN EFFECTIVENESS

                   One of the consequences of the critical attention focused
              on the CZM program during the Reagan years were a number of
              national studies of CZM effectiveness.

                   Dr. David Brower, principal in a recent study of CZM
              effectiveness, notes that most states have very inadequate
              reporting of program effectiveness. Based on the evidence most
              are able to produce, it is "difficult to even make a good case
              for refunding (the CZM program)." (Interview, April 18, 1990).

                   Some of the problem with judging program effectiveness is
              due to the difficulty of measuring what didn't hgRpen because
              of the CZM legislation and permit processes. For example, in
              North Carolina before passage of Dredge and Fill laws,
              significant damaging developments were eliminating wetland
              areas. After the laws were passed, requests to develop in such
              areas have been very rare because developers know permission is
              rarely granted. There is no way of reliably measuring what
              might have been proposed and developed if the CZM laws did not
              exist.





                                            1-1









                    However, even if the evaluation of program management is
               confined just to CZMIS impact on existing development proposals
               and on illegal activities, data and analysis of effectiveness
               are difficult to obtain. As a result, most states are unable to
               effectively measure achievements, allocate resources rationally,
               or demonstrate program worth to their administrations,
               legislatures, or Federal reviewers.

                    Brower's views are supported by the General Accounting
               Office's (GAO) summary of eight studies of the Federal Coastal
               Zone Management Program between 1976 and 1986 (General
               Accounting office, 1986). The GAO found "that NOAA [National
               oceanic and Atmospheric Administration] needed to improve its
               program management, monitoring, and evaluation ... "and that
               "federal CZM officials were performing annual program
               evaluations of approved state's coastal zone programs without
               appropriate evaluation guidelines and criteria."

                    Because of this, the GAO recommended

                    'that NOAA work closely with the states to help them
                    ... establish and implement formal program-monitoring
                    procedures, and establish appropriate evaluation
                    guidelines and criteria."


               1.3  NEW FEDERAL REPORTING REQUIREMENTS

                    NOAA's Office of Ocean and Coastal Resource Management
               issued new requirements for reporting on state monitoring and
               enforcement of CZM goals and objectives in September 1988. The
               Revised Performance Report Guidelines specified that State
               Programs would provide:

                    o semiannual            summaries of permit, enforcement,
                      and federal consistency actions, and

                    o an annual narrative report which presents evaluations of
                      efforts and impacts on State objectives and topics of
                      Federal concern.

               (See Exhibit 1-A).

                    According to some informants, the Federal requirements were
               imposed without real consultation with the State as to their
               realism, need, or cost. Some States are still not complying
               fully with the requirements, and are negotiating with the OCRM
               as to what information and evaluative narrative they must
               provide.



                                             1-2


EXHIBIT 1-A:  FEDERAL REPORTING REQUIREMENTS


Frequency

QUARTERLY

SEMI-ANNUAL

ANNUAL



Section

Section A

Section B

Section C



Topics

Status of Grant Tasks

Status of Program
Implementation
Activities:  (Tables)

Permits
Violations
Federal Consistency
Actions

Annual Report:
Narrative Evaluation of
State Program Progress
and Impacts on National
Concerns (Topic Areas):

Estuarine habitats
Coastal pollution
Ocean dumping
Coastal hazards
Ocean and coastal use
management
Public access
Urban waterfronts and
ports
Permit simplification



Source:  National Oceanic and Atmospheric Administration.
Office of Ocean and Coastal Resources Management.  Revised
Performance Report Guidelines  (September 1988).











                   Other states have not found the regulations difficult to
              meet. one survey respondent viewed the annuaI report as a
              valuable opportunity to conduct an informal evaluation of his
              state's CZM program. He saw it as

                   ï¿½ an opportunity to assess program strengths and
                      weaknesses, and

                   ï¿½ an aid to setting priorities for staff and grant
                      allocations.

                   Brower believes that the new Federal reporting requirements
              result from the Bush administration's positive support for
              Coastal Zone Management. He thinks that OCRM is sincerely
              trying to support and improve State CZM efforts and wants the
              information and analysis in order to improve their understanding
              of state programs and staf f and funds allocations.
































                                             1-3
















                                  2.0 SURVEY FINDINGS


                   Community Resources, Inc. (CRI) had primary responsibility
              for surveying the Coastal Zone Management programs of other
              states to learn how they met the responsibility for monitoring
              and enforcement. In addition, CRI was asked to determine how
              each state had responded to the new Federal reporting
              requirements and to obtain basic operational characteristics of
              staff size and work load.

                   This chapter summarizes information gained from materials
              sent by other state programs and from ten in-depth interviews
              conducted with staff of state Coastal Zone Management lead
              agencies. The purpose of this chapter is to give an overall
              view of how surveyed state programs do monitoring and
              enforcement and the nature of their response to the Federal
              reporting requirements. Innovative and illustrative programs
              are noted in this chapter and discussed in the following chapter
              in more detail

                   The survey findings are reported by six categories:

                   ï¿½ Monitoring

                   ï¿½ Enforcement

                   ï¿½ Federal Reporting

                   ï¿½ Agency Size and Work Load

                   o Communication, and

                   ï¿½ Information Management.


              2.1  MONITORING

                   For the purpose of this report, we defined monitoring as
              the act of collecting and recording information i@iat could be
              used to determine if CZM policy and regulations were being
              enforced.

                   The Federal CZM             and the administrative approach
              followed by the NOAA has permitted a wide variety of
              institutional responses to the requirements the State CZM



                                            2-1









               programs have to monitor and enforce the CZM policies and
               regulations.

                    As a result, the methods used to do monitoring vary in
               response to the institutional arrangements and powers and
               responsibilities of the lead CZM agency in each state. Exhibit
               2-A illustrates this diversity of approach. state programs vary
               in the intensity and comprehensiveness with which they monitor
               illegal activity, permitted developments, permitting activities
               of other agencies (State and/or local), enforcement activities,
               or Federal consistency with State CZM policies and regulations.
               more specific discussion of the varying approaches is given in
               the following subsections on:

                    ï¿½ Permits,
                    ï¿½ Enforcement, and
                    ï¿½ Federal Consistency


               2.1.1 Permits

                    A key factor affecting how and what state programs monitor
               is who has the Permittincr power for the Coastal Zone. The power
               to issue permits may be held by:

                    o  The State CZM agency,
                    0  A State line agency or agencies,
                    o  Both the State CZM agency and local. CzM or line
                       agencies, or
                    o  Both the State line agency or agencies and local CZM or
                       line agencies (as in Hawaii).

                    In cases where all of the permitting power is held by the
               State coastal Zone Management agency, monitoring permits and
               illegal activity is simply a matter of internal investigation,
               collection, and recording. The more the power to permit is
               shared between agencies the greater are the communication,
               coordination, and evaluation problems in monitoring permit
               activity.

                    Some states have created simplifying and consolidating
               permit process structures that make it easier for them to
               monitor permits. Examples of these are the State Clearinghouse
               and Joint Agency reviews which consolidate agency permit
               responses, Consistency Certification processes which require
               notification and/or approval of permits by the State CZM, and
               North Carolina's Common Application Process which uses one
               application to meet the requirements of ten state agencies and
               the U.S. Corps of Engineers.



                                             2-2


EXHIBIT 2-A:  MONITORING ACTIVITIES OF SURVEY RESPONDENTS


Location of Primary
Responsibility


Focus of Monitoring

Permits



State

State
CZM agency

State 
Line agency

State
CZM agency

State
Line agency

State 
CZM agency

State 
CZM agency

State 
CZM agency


Local

Local CZM/
Line Agency

Local CZM/
Line Agency


Role of
CZM
Agency

Issue permits

NC, SC

FL, WI

BCDC, CA, CT,
OR, WA

GU, HI

Review and/or
certify
consistency with
CZM policy

CT, GU, OR, SC,
WA

Joint review
/clearinghouse

FL, GU, NC, OR

Common
application
review

NC

	


EXHIBIT 2-A:  MONITORING ACTIVITIES OF SURVEY RESPONDENTS
(Continued)


Location of Primary
Responsibility


Focus of Monitoring

Permits
(Continued)

Enforcement


State

State 
CZM agency

State
CZM agency

State
Line agency

State
CZM agency

State
Line agency

State
CZM agency

State
Line agency

State
CZM agency

State
Line agency

State
CZM agency


Local

Local CZM/
Line Agency

Local CZM/
Line Agency

Local CZM/
Line Agency

Local CZM/
Line Agency


Role of
CZM
Agency

Monitor 
permitting by
other agencies

CA, GU, FL,
HI, OR, WI

Monitor illegal
activity

GU, NC

FL, WI

CA, CT

GU, HI

Monitor
development site

GU, NC

FL, WI

CA, CT

GU, HI

Monitor
enforcement only
within agency

BCDC, CA, NC,
SC, WA




EXHIBIT 2-A:  MONITORING ACTIVITIES OF SURVEY RESPONDENTS
(Continued)

Location of Primary
Responsibility


Focus of Monitoring

Enforcement
(Continued)

Federal
Consistency


State

State 
CZM agency

State
CZM agency

State
CZM agency

State
CZM agency


Local


Role of
CZM
Agency

Monitor
enforcement by
State agencies

GU, FL, HI, OR,
WI

Monitor 
enforcement by
local agencies

CA (1), HI

Monitor Federal
Agencies through
COE/EIS process

GU, HI, OR, SC

Activity search
for Federal
activities

CA, FL, WI



(1)	The California Coastal Commission conducts a review of local
jurisdiction files and outstanding violations within the geographic
area of the jurisdiction every five years as part of its evaluation
of the adequacy of local monitoring and enforcement of Local Coastal
Plans.  Local enforcement actions are not formally monitored on an
annual basis.

KEY:	BCDC (Bay Conservation & Development Commission), CA (California
Coastal Commission, CT (Connecticut), FL (Florida), GU (Guam), HI
(Hawaii), OR (Oregon), SC (South Carolina), WA (Washington), WI
(Wisconsin)












                     Some states simplify their monitoring requirements by not
                tracking all or some local agency activities or other State
                agency actions even when permitting power is shared. They rely
                on legal requirements for other agencies to conform with CZM or
                on permit processes which insure that the most significant
                projects have to receive either their review or approval.

                     Another factor affecting monitoring scope is budget and
                staff. An ambitious permit monitoring program would include:

                     ï¿½ Monitoring coastal areas f or illegal actions
                     ï¿½ Monitoring permitted development sites for observation
                        of permit requirements and conditons
                     ï¿½  Monitoring permits issued by other agencies f or
                        appropriate analysis, restrictions, and conditions.

                     Most states do not have the budget and staff needed for
                such a comprehensive approach and find ways to limit the scope
                of monitoring. Some focus their monitoring on special
                geographic areas of high significance or sensitivity, intensive
                development, or controversy. Others limit the scope by relying
                on other agencies and citizens to detect illegal activities and
                permit condition violations.

                     Some states do have innovative 13         which regularly and
                systematically monitor permits and illegal activity.
                Connecticut's Community Group Staff Contact program, and
                California's Summer Permit Review program and its Five Year
                Local coastal Program Reviews are innovative examples of such
                systematic monitoring programs.

                     Connecticut's high staffing levels allow the assignment of
                one staffer as contact person for each Community Group (a
                coastal area containing five to eight local governments). Each
                contact person records all permit and enforcement activities for
                his area in a log book, regularly meets with the local
                government staff to exchange information and presents CZM
                concerns, makes spat checks of coastal conditions, and visits
                project sites.

                     In the Summer Permit Review program, California regularly
                examines the results of past permit actions. Staff select
                permits approved two years before, review the adequacy of permit
                filest and makes followup site visits to large or controversial
                projects.







                                               2-3









                    In the Five Year Local. Coastal Program Review, a local
               jurisdiction's permit files and outstanding violations in the
               coastal area contraUed by the local government are reviewed to
               evaluate the effectiveness of the local CZM program.



               2.1.2   Enforcement

                    The extent to which the lead State CZM agency monitors
               enforcement activity varies widely from State to State. State
               agencies which issue permits are usually involved in the
               enforcement of permit conditions and curtailment of illegal
               activities in the coastal zone. Often these strong CZM agencies
               monitor only their internal enforcement activities, especia3.1y
               if they are the principal coastal permit and enforcement agency.

                    State agencies which only provide administrative and
               technical support to permit-issuing line agencies are usuaUy
               aLso not involved in direct enforcement activities. They may
               track only the enforcement activities of State agencies or both
               State and local agencies, depending on how significant the local
               permitting and enforcement powers are.


               2.1.3   Federal Consistency

                    Some state CZM agencies view the effort to insure Federal
               consistency as either the main function or a major function
               their agency performs. Often these CZM agencies are not
               directly involved in the permitting and enforcement functions.
               Florida and Wisconsin both reported being actively involved in
               seeking to identify Federal coastal projects and promoting
               Federal agency awareness of the Federal consistency
               requirements.

                    other state agencies reported a much more passive stance,
               relying on the Corps of Engineers permit requirements and the
               Environmental Impact Statement process to bring Federal actions
               to their attention. Most indicated that they had excellent
               relations with the Corps of Engineers and that the Corps.
               routinely referred to them any projects that hadn't been
               reviewed by the State CZM process.

                    Wisconsin has aninnovative r)         that gives them access
               to both their State CZM permit files and the Corps of Engineers'
               permit files. Using the State CZM permit numbers, they can
               check that all Corps of Engineers permit requests and approvals
               have gone through the State CZM process.




                                               2-4













               2.2 ENFORCEMENT

                    State agencies vary widely in the extent to which they are
               involved in enforcement, as was noted above.

               2.2.1   Detection

                    State programs vary in the amount of time, staff, and
               budget expended on detecting illegal actions (violations of
               permit conditions or acticns without permits). Some states like
               Connecticut and North Carolina operate regular flights over
               coastal areas to monitor development and shoot aerial
               photography for later analysis, and perform spot checks of
               coastal areas and project sites.

                    Other state CZM agencies have limited funds and/or staff
               and rely on citizen complaints and reports by other agencies to
               bring violations to their notice.

                    Oneinnovative method for improving detection is to enlist
               citizens in monitoring coastal activities and reporting
               violations of CZM restrictions. California, Washington, and
               Wisconsin all reported using public awareness activities to
               increase citizen monitoring of coastal developments.

               2.2.2   Notices

                    All state programs contacted in the survey indicated that
               they attempt to negotiate a resolution of any violations rather
               than move to formal administrative or legal actions. some
               states noted that it was difficult to demonstrate the efficacy
               of their enforcement activities because many of the problems
               were resolved on site in the field with informal agreements to
               abide by CZM restrictions or to restore resource damage.

               2.2.3   Enforcement Actions

                    Enforcement actions typically precede from administrative
               actions involving orders to stop development or restore resource.
               conditions and levying fines to legal actions, typically brought
               by the State's Attorney General.



               2.3 FEDERAL REPORTING

                    Most of the states surveyed were complying with the new
               Federal requirements. The requirements include semi-annual
               tabulations of permit, enforcement, and Federal consistency
               actions and an annual narrative report.


                                              2-5











              2.3.1 Semi-annual Tabulations

                   Only one of the states reported not complying with the
              required semi-annual statistical tabulations. This state was
              not tabulating Federal consistency actions but was providing the
              Office of Coastal Resource Management (OCRM) with copies of
              individual consistency letters and declarations they issue.

              2.3.2 Annual Narrative Report

                   Two of the states reported not complying with the
              requirement to produce an annual narrative report evaluating
              progress toward State and national policy objectives. on the
              other hand, one respondent welcomed the annual report as an
              opportunity to do an informal evaluation of their program. They
              had proposed doing such an evaluation as an aid to program
              management, but had not been able to carry out a formal program
              evaluation. The same respondent also noted that they had been
              able to budget additional grant funds to support the preparation
              of the annual report.



              2.4 AGENCY SIZE AND WORK LOAD

                   Agency size and work load exhibited a wide range as might
              be expected given the wide variation in agency responsibilities.

                   The state agencies surveyed ranged in size from
              Pennsylvania's one man office to North Carolina's 40 person
              division. The median size agency was between 5 and 8 people.

                   Total permits reviewed or issued ranged from the 150 per
              year handled by the Bay Conservation and Development Commission
              to the 1,000 State and General Permits issued by the- North
              Carolina Division of Coastal Management. The median was 400
              permits per year handled by the Washington Department of
              Ecology's Shorelands Division.

                   Total investigations of violations reports ranged from 20.
              per year to 160.

                   Staff work loads didn't show any consistent relationship to
              the total work load of the state agency. Permit reviews per
               . F member ranged from 22 to 160 per year with the median work
              load being the 67 permits per year issued by North Carolina
              staff. Investigations of violations ranged from a low of 7 per
              year to 100 with the median being the 23 per year in
              Connecticut.




                                             2-6









                   This finding mist be tAmmered by the difficultv of mak:Lin
                                                                             g
                         between states. What Washington means by a permit
              review or a violations investigation may be quite different from
              what is meant by that term in Connecticut.


              2.5 COMMUNICATION

                   Hawaii Planning Activities Support System (HPASS) was a
              more ambitious system than any of the systems used for either
              communication or information handling by the states surveyed by
              CRI. Most state agencies relied heavily on standard of f ice
              practices and organizational communication methods. This
              collection of conventional business practices include regular
              face-to-face meetings, frequent communication by phone, and
              transmital of data by fax or mail. Many of them are just now
              trying to develop the computer linkages that HPASS was designed
              to create between State and County agencies.

              2.5.1 Oblectives

                   State programs devise their communication systems to
              accomplish a number of objectives, including:

                   ï¿½  Transmittal of Permit Status Information
                   ï¿½  Transmittal of  Enforcement Action Status Information
                   ï¿½  Transmittal of Project or Violation Information and
                      Analysis
                   o  Requests for   Assistance and Responses
                   ï¿½  Discussion and Establishment of Policy and Program
                   ï¿½  Evaluation of Program Achievements

                   Such objectives are logical and easily explained as
              necessary to accomplish the basic monitoring and enforcement
              responsibilities of any state CZM agency. However, two
              additional objectives recurred over and over in the comments of
              the state agency staff surveyed.

                   First, many respondents emphasized the importance of
              creating and maintaining a network of acfency professionals who
              can and will mutually support each other's attempts to manage
              the coastal zone. They stressed how important it is:

                   ï¿½ to make the communication system work for the people on
                      the front lines,

                   ï¿½  to keep communications "hassle free" and sensitive to
                      the extreme time and attention demands placed on most
                      workers in the system, and.

                   ï¿½  to maintain continuity and long term relationships.

                                            2-7









                    Such a network supports and nurtures the cooperative effort
              necessary if permits and violations are to be processed
              ef ficiently and f airly.

                    Secondly, respondents emphasized the importance of actively
              i3romotinct and maintainincf awareness of CZM goals, Policies, and
              concerns within the local and State agencies and among the
              members of the public.         The objective is to keep all
              participants to the coastal zone management process up to date
              on the state agency's policies and programs so that CZM concerns
              are incorporated in public and private decisions about use of
              coastal resources right f rom the beginning.

                    As one informant put it, "They may not like US or what we
              stand for, but they do know what we stand for, and that we wi I I
              be actively involved in any coastal actions. As a result, they
              have to include our concerns in their decisions."


              2.5.2    Formats

                    A number of innovative communcation formats are used by the
              surveyed states to accomplish these two objectives.

                    Among the formats used to create and maintain a mutually
              supportive network of professionals are:

                    ï¿½  Frequent informal one-to-one communication and visits
                       associated with continuity of personnel, program, and
                       policy. (This is seen as necessary if the CZM agency is'
                       to be viewed as a reliable, supportive, and consistent
                       actor in the planning and management of the coastal
                       zone.)

                    ï¿½  Annual helicopter overflights by local CZM managers and
                       Pennsylvania's State CZM officer to view coastal
                       development activities and resource conditions.

                    ï¿½  Clearinghouses and joint review sessions which bring
                       together all of the reviewing and permitting agencies to
                       consolidate comments and potential conditions at one
                       time in one place.

                    ï¿½  An on-line terminal system that allows North Carolina's
                       Central Office and Field Offices to easily exchange
                       messages, documents, and data electronically.

                    Communication formats used to Promote and maintain public
              and iorivate awareness of CZM policy and pr@grams include:

                    o Public awareness programs that inform agency staff,
                       developers, and citizens about the CZM program, the
                       permit process, the nature of violations, and the
                       enforcement process.
                                              2-8










                    ï¿½  Publication of newsletters and regular mailings to
                       interested parties to insure knowledge of coastal
                       issues, pending projects, or process or program changes.

                    ï¿½  Publication by Washington's CZM office of training
                       handouts advising local and State agency staff on
                       technical details of the CZM law, program, or permit or
                       enforcement processes

                    ï¿½ use of formal commissions or councils to approve permits
                       or to set program direction.



               2.6 INFORMATION MANAGEMENT

                    The information management systems used by the surveyed
               state programs reflected the current established systems used by
               most public and private offices. None had attempted to
               establish a computerized information management system with the
               objectives of both tracking permits and violations and providing
               a planning database as was attempted with HPASS.

               2.6.1 Objectives

                    State CZM agencies need to collect and manage information
               in order to:

                    ï¿½  Track the status of permit and enforcement actions,
                    ï¿½  Describe the permit or enforcement action (location,
                       type of action or violation, coastal resource or hazard
                       af f ected, etc.),
                    ï¿½  Store and retrieve copies of the f ormal permit
                       application or violation documents, and
                    ï¿½  Store and retrieve data and analytical results useful
                       for determining impacts of coastal resource use.

               2.6.2   Methods


                    Most of the states surveyed had 1permit tracking system in.
               varying states of computerization. Typically, these systems
               could be searched by keywords to identify those permits with
               certain characteristics (affecting estuarine habitats, for
               example).

                    One of the most innovative of these is the Wisconsin CZM
               program's permit tracking database which is created by
               extracting and comparing permit information from both the
               Wisconsin Department of Natural Resources' permit files and from
               the U.S. Corps of Engineers' permit files.


                                              2-9









                   Some of the states with permit tracking systems hope to
              combine these tracking systems with a Ge2graiphic Information
              Sy     (GIS) at some point in the future. Washington has an
              operational GIS, but it is not used by the CZM program f or
              analytical purposes or permit tracking.

                   At the other spectrum, Pennsylvania's sole State CZM
              officer uses a purely manual system to track coastal
              activities. Manual systems do have the advantage of low cost
              and ease of use. However, the costs of using them mount as the
              complexity and number of permit and enforcement records mount.
              Because of problems of searching their manual system for permit
              information such as what conditions had been applied, South
              Carolina is moving to computerize all their permit records.










































                                           2-10














                                3.0 PROGRAM INNOVATIONS


                   As noted in Chapter 2, state programs vary widely in their
              approaches to coastal management. This has resulted in a rich
              diversity in how they meet the requirement to monitor and
              enforce their CZM laws, regulations, and policies. A number of
              the more innovative programs were briefly discussed in Chapter
              2. This chapter provides a more systematic discussion of the
              innovations and their perceived benefits.

                   The programs can be classified by purpose:

                   ï¿½ To improve or extend monitoring or communication, or

                   ï¿½ To improve information management (storage, retrieval,
                      and transmittal).


              3.1 MONITORING AND COMMUNICATIOMS

                   The innovative monitoring and communications programs
              discovered in the survey of state CZM programs can also be
              classified by purpose. They include programs designed to:

                   ï¿½  Improve the Monitoring of Coastal Resources, Permits,
                      and Unpermitted Activity .

                   ï¿½  Improve Public and Private Awareness of CZM Programs,
                      Issues, Processes, and Violations

                   ï¿½  Improve the Efficiency and Effectiveness of CZM Permit
                      Processes

                   ï¿½  Improve the Efficiency and Effectiveness of Staff or
                      Network Interactions, and

                   ï¿½  Evaluate and Improve the Effectiveness of Existing
                      Permit and Enforcement Programs.

              3.1.1   Improving Coastal Monitoring

                   Overflicrhts and Aerial Photocrraph . Some state programs
              have very active programs of checking for permit violations or
              unpermitted activities through use of regular flights over
              coastal areas backed up by analysis of aerial photography. Such
              programs both catch violations that might not be spotted by
              field inspections on the ground and deter unpermitted activity.


                                             3-1









                   Staff SROt Checks and Site Visits and Staff-Local CZM
              Mangger Field Trips and Overflights. Some states routinely
              schedule spot checks of coastal conditions and visits to project
              sites by staff. Usually these activities are scheduled in
              conjunction with other business such as visits to local CZM
              agency staff or permit hearings. They view this regular
              checking of coastal conditions as necessary to permit review and
              enforcement monitoring.

                   Pennsylvania regularly budgets funds for helicopter
              overflights of coastal areas by the state CZM manager and local
              CZM agency staff. They use these flights as a way of checking
              permitted develWments and for detecting unpermitted activity.
              In addition, the field trips help to promote local awareness of
              CZM issues, policies, and concerns and encourage communication
              among the members of the network.

                   Citizen involvement in Coastal Monitorin . A number of
              states reported success from efforts to recruit citizens to help
              monitor coastal conditions and report violations. A variety of
              methods were used to accomplish this aim, ranging from informal
              and ad hoc methods such as public announcements, speeches, and
              media interviews to formal programs such as South Carolina's
              Creek and Beach Watch Workshop program or California's Adopt A
              Beach program.

                   The Creek and Beach Watch Workshops were created to
              increase public support for enforcement of CZM laws and
              regulations. The workshops explain the CZM laws and violations
              to citizens and provide contact information if violations are
              spotted. These programs can help increase the effectiveness of
              limited staf f.

              3.1.2 Improvincr Public and -Private Awareness.

                   Public Awareness Prggram . A number of the states have
              very active public awareness programs. They see it useful for
              building support for enforcement activities, for insuring
              awareness of the need to follow permit procedures, and building
              legislative and executive support for CZM programs. A variety
              of formats are used to accomplish these purposes. Newsletters
              which provide basic program information and report on CZM agency
              activities and coastal resource or hazard issues are often
              used. Basic informational workshops designed to orient new
              local agency staff, developers, and community interest group
              representatives are another common method.

                   Network Awareness Program . These programs are aimed at
              increasing the awareness and technical competence of the staff
              of agencies involved in CZM permit and enforcement activities.
              Some states hold regular workshops to present technical training
              while others rely on publication of basic fact and information
              handouts due to budget/staff limits.
                                             3-2








                   Guam has an ambitious program to improve the awareness and
              effectiveness of participants in its network of CZM agencies.
              It has produced training manuals to teach building inspectors
              how to enforce the zoning laws and a "Bible" for its land use
                  . .   ers which explains the land use laws and provides case
              studies of the law's application.

              3.1.3 Improving CZM Permit Processes.

                   State Registers. Some state CZM programs can easily
              monitor proposed activities in their coastal areas because their
              states have published registers of all permits, Environmental
              Impact Statements, grants, and violations. These registers
              assist the State and local CZM agencies in insuring that permit
              procedures are followed, that all agencies are informed about
              developments or violations, and that controversial issues
              receive adequate public review and discussion.

                   Public Notice Networks. Several states noted the value of
              having a very complete and active public notice network. Such
              networks routinely post notice of actions through a variety of
              publications and institutions and mail notices to individuals
              and interest groups who are either known to be affected or who
              have indicated a desire to be notified. The benefits of such
              notifications was to support adequate review of actions. In
              addition, because adequate notice insured the participation of
              all viewpoints in discussing controversial issues, the CZM
              agency was able to act as a facilitator of the process instead
              of an advocate of any particular position. As one respondent
              put it, "We're advocates for the permit process."

                   State Clearinghouse/Review Coordination. Some state
              programs benefitted from the existence of a central         state
                earinghouse or a central state review coordination process
              which pulls all permit reviews together. In some cases, the
              state CZM agency is responsible for running the clearinghouse or
              providing the coordination of responses; in other cases, it is
              only one of the participants. Such centralized processes
                      aid the state CZM1s ability to easily monitor coastal
              projects in addition to promoting process simplification and
              pooling of review resources.

                   Joint Review Processes. In cases where no formal
              clearinghouse process exist, some states regularly used joint
              review sessions. In these sessions, the developer proposing a
              coastal project would present his development proposal to
              representatives from all the permitting and reviewing agencies.
              The agency representatives would then indicate what there
              concerns were likely to be in reviewing the project and what
              conditions might be imposed. Such sessions were viewed as
              useful for focusing the developer on addressing and solving
              prcblems and for building awareness and support between all the
              permitting and reviewing agencies.
                                             3-3










                   Joint Application Processes. North Carolina has a
              innovative program by which one common application is used by
              ten state agencies and the Corps of Engineers. If additional
              information is required by any agency, they can ask the
              developer to provide it to them. The common application
              simplifies the paperwork and filing requirements of developers
              and insures the sharing of a commong base of project information
              by all the agencies. Used in conjunction with a clearinghouse
              process like that described above, it makes permit tracking a
              simple process of monitoring the progress of the single
              application through the reviewing and permitting agencies.

                   Consistency Certification Recruirements. Some states use
              consistency requirements with State and/or local agencies as a
              method for insuring awareness, review, and in some cases,
              approval of coastal permits. In an approach parallel to that of
              Federal consistency approvals, the agency would have to formally
              certify that they were in compliance with CZM law and
              regulations, and in some cases, receive approval of consistency
                           from the state CZM agency. These formal processes
              insure that the agency has considered coastal impacts and
              provide a method by which the state agency can monitor the
              impacts.

              3.1.4 Improving Staff or Network Interactions.

                   Geocfraiphic Specialization. Connecticut assigns one staff
              person as contact person for each Community Group (a coastal
              area containing five to eight local governments). Each contact
              person records all permit and enforcement activities for his
              area in a log book, regularly meets with the local government
              staff to exchange information and presents CZM concerns, makes
              spat checks of coastal conditions, and visits project sites.
              They feel that the expertise about local coastal conditions and
              developments and the familiarity with local processes and
              personalities which staff develop as a result of these
              assignments is highly beneficial. The agency feels that they
              understand what is happening at the local level and that local
              government knows the state staff and is aware of state CZM
              concerns.


                   Computerized Networks. Only one survey respondent
              indicated that they were using a computerized network to link
              their network together. North Carolina's four Regional Offices
              have terminals which are directly linked to the Raleigh Central
              Office. Information on permits is available to the Central
              Office as soon as it is logged in by one of the Regional
              Offices. The terminals are regularly used to transmit
              information and data between the offices. The advantage of the
              system is the speed with which information and data can be moved
              and reacted to.


                                             3-4








               3.1.5 Evaluating Permit and Enf orcement Eff ectiveness.

                    Most respondents did not indicate that they regularly
               conducted formal systematic evaluations of permit and
               enf orcement activities.

                    one respondent noted that they had proposed conducting a
               formal evaluation of the state CZM program, but had been unable
               to fund the evaluation. He noted that they had actually
               welcomed the new Federal requirements for the annual report
               since it required them to do an informal evaluation which they
               then could use for program management purposes. However, the
               respondent did indicate that their willingness to do the
               evaluation had been increased by the fact that they were able to
               budget grant funds for the extra work involved in doing the
               evaluation.

                    California has built in evaluative processes in their
               monitoring and enforcement efforts. one such process is their
               Summer Review Progra under which, each summer, they select
               2,000 permits that were approved two year previously. Files on
               the permits are reviewed for document completeness, and site
               visits are made to large or controversial projects to inspect
               compliance with permit requirements and conditions. Based on a
               series of these reviews, California's enforcement officer
               concludes that around four to five percent of developments are
               not complying with permit requirements.

                    California also has a program for reviewing the permit and
               enforcement activities of the 55 local jurisdictions whose Local
               Coastal Programs have been certified by the California Coastal
               Commission. Under this Five Year Local Coastal Program Review,
               the Commission staff would review permit files and outstanding
               violations in the coastal area controlled by the jurisdiction
               and make an evaluation of the effectiveness of the local CzM
               program. However, because of severe staff and budget
                 itrictions over the last eight years, no Local Coastal Program
               Reviews are being done.



               3.2 INFORMATION HANDLING

                    As was noted previously, most survey respondents reported
               their agencies were doing nothing more advanced than normal
               office information handling practices. Most were moving to
               automate manual files, find ways to link internally and with
               other agencies, and develop improved databases.

                    Computer Network. Only North Carolina reported using a
               networked computer system, as was noted above. Data entry at
               terminals in the four Regional Offices and the Central Office
                    lishes and updates records in. a central computer database.

                                             3-5








                   Database Formats. All the operational computerized
              databases were used for permit or enforcement action trackin .
              Permit or enforcement action identifier and descriptor
              information is maintained on these data bases which are use to
              make status reports and searches for permits or enforcement
              actions by characteristics such as location, date, or type.

                   One of the more innovative of these databases is
              Wisconsin's CZM permit database which is created by extracting
              permit files from the State Department of Natural Resources and
              the U.S. Corps of Engineers permit databases every two weeks.
              Files are compared using a common state permit number which
              appears in both databases. The database has value for insuring
              both Federal consistency and private compliance with the CZM
              permit process and for pooling all of the information available
              on both systems.

                   California is planning to develop a Coastal Resource
              Information Center (CRIC) which would be a linked database which
              could be accessed by State and local agencies and members of the
              public. The initial concept is that CRIC should include permit,
              enforcement, and resource/hazard information, much as was
              planned for HPASS.

                   Several states have or are developing Geographic
              Information Systems. None reported using them for monitoring
              and enforcement purposes. Most of these systems were not likely
              to be fully operational for a number of years.























                                            3-6












                        4.0 RECOMMENDATIONS AND SUGGESTIONS.


                   Survey respondents were asked if they had any suggestions
              or recommendations about how communication and information
              handling might be improved in CZM programs. They were asked to
              base their answers on the experience in their state and to
              either suggest improvements needed in their state or approaches
              that had proved successful for them.

                   A selection of respondents' suggestions and recommendations
              for communications and information manacrement follows.



              4.1 COMMUNICATIONS

                   o  Use public awareness programs to add leverage to
                      enforcement efforts by enlisting citizens to detect and
                      report violations. Examples are South Carolina's Creek
                      and Beach Watch and California's Adopt A Beach program.

                   o  view communicating with other members of the agency
                      network as the primary job that must be done to insure
                      enforcement and monitoring.

                   o  view communicating as a way to promote awareness among
                      members of the network of CZM agencies that mutual
                      support allows pooling of resources and increases the
                      effectiveness of all agencies in solving common
                      problems.

                   o  Create Federal, State, and local joint working groups to
                      review enforcement problems, pool resources, and decide
                      on appropriate actions and roles.

                   o  Hold regular workshops to build awareness of program,
                      personal relations with staff, and promote resource
                      pooling.

                   o  Regular, scheduled contact with local officials by staff
                      familiar with local conditions can insure that CZM
                      concerns are incorporated in local decisions.

                   o  Recognize the greater difficulty involved in making a
                      network system work and work at making communication
                      happen. You have to make sure both that you communicate
                      with the other agencies and that they communicate with
                      you. Communication must be scheduled, visits must be


                                             4-1









                      made, people must be brought together. If you don't
                      communicate early, problems of support, mistrust, and
                      ill will will result.

                   ï¿½  Build an awareness and a perception that the agency
                      means business, has a clear program objective, and has
                      the authority, support, and continuity to promote the
                      objective.

                   ï¿½  Develcp and maintain a continuing network of one-to-one
                      relationships. Such relationships are critical to the
                      success of the CZM agency since much depends on
                      cooperative efforts by other State agencies who are
                      asked to add to their workloads to meet review
                      deadlines.

                   ï¿½  Be very careful not to "harass" the staff of these
                      agencies if their reviews or responses are slow coming
                      in. Provide assistance when requested as promptly as
                      possible to these agencies as an incentive for them to
                      do likewise and as repayment for their courtesy and
                      support.

                   ï¿½  Meet on a regular basis,with the people involved in
                      providing reviews and assistance to talk about the
                      process, identify any problems, and to renew the
                      personal relationships. Ask them to give you an honest
                      answer to the question:
                         "How are we view*ed in your agency?"

                   ï¿½ Make any program innovation as simple as you can. "Get
                      a foot in the door and get people comfortable." After
                      the people are comfortable with it, you can expand.


              4.2 INFORMATION HANDLING

                   ï¿½  Automate and improve communication and information
                      technology to increase staff effectiveness and deal with
                      the difficulty of increasing staff. Manual systems are
                      being swamped by the difficulty of retrieving or sorting
                      permits or enforcement actions once large numbers of
                      permits or violations have been processed by the system.

                   ï¿½  Make hardware and software compatible between offices
                      and agencies if at all possible to reduce the difficulty
                      of data and information transfers. (Some states find it
                      almost impossible to link even within departments
                      because of incompatibility.)



                                            4-2















                                        APPENDIX A:


                              LIST OF SURVEY RESPONDENTS



                                    National Evaluators

               Dr. David Brower, University of North Carolina Center for Urban
                    and Regional Studies

               Dr. Charles Colgan, University of South Maine


                                       State Programs

               Bob Hickman, Bay Conservation and Development Commission,
                    California (BCDC)

               Nancy Cave, California Coastal Commission (CA)

               Dan Rothenberg, Coastal Zone Management Program, Connecticut
                    Department of Environmetal Protection (CT)

               Theodore Hoehn, Office of Coastal Management, Florida Department
                    of Environmental Regulation (FL)

               Larry Toth, Pennsylvania Division of Coastal Zone Management
                    (PA)

               Mike Ham, Guam Coastal Management Program (GU)

               John Parker, North Carolina Division of Coastal Management (NC)

               Don Oswalt, Oregon Department of Land Conservation and
                    Development (OR)

               John L. Hensel, South Carolina Coastal Council (SC)

               Jim Anest and Brian Offord, Washington Department of Ecology
                    (WA)

               Dave Jones, Wisconsin Department of Energy and Coastal
                    Management (WI)

















                                        APPENDIX B:


                                        REFERENCES


              Fischer, Michael L. "California's Coastal Program." Journal of
                    the American Plannincr Association, Volume 51, No. 3 (Summer
                    1985), pp. 312 - 321.

              Healy, Robert G. and Jeffrey A. Zinn. "Environment and
                    Development Conflicts in Coastal Zone Management." Journal
                    of the American Planning Association, Volume 51, No. 3
                    (Summer 1985), pp. 299 - 311..

              Jolliffe, Dr. Ivan P. "Physical Constraints and Hazards Versus
                    Coastal Resource Use and Develcpment.11 Gambling with the
                    Shore: RjZg@M of the Ninth Annual Conference of the
                    Coastal S        October 14-17, 1994. Atlantic City, N.J.

              Kinsey, David N. "Lessons from the New Jersey Coastal
                    Management Program." Journal of the American Planning
                    Association, Volume 51, No. 3 (Summer 1985), pp. 330 - 336.

              Lowry, Kem. "Assessing the Implementation of Federal Coastal
                    Policy." Journal of the American Planning Association,
                    Volume 51, No. 3 (Summer 1985), pp. 288 - 298.

              National Oceanic and Atmospheric Administration. Office of
                    ooem and Coastal Resource Management. Revised Performance
                    Report Guidelines. (September 1988).

              Owens, David W. "Coastal Management in North Carolina."
                    Journal of the American Planning Association, Volume 51,
                    No. 3 (Summer 1985), pp. 322 - 329.

              United States General Accounting office. Resource Management:
                    Information on the Coastal Zone Management Program. Fact
                    Sheet for the Chairman, Committee on Merchant Marine and
                    Fisheries, House of Representatives. GAO/RCED-86-89FS.
                    February 1986.


                                  State Program Materials

              Calif ornia

              Fischer, Michael L. Memorandum to. California Coastal Commission
                    commissioners on violations Procedures. October 28, 1981.









                                        APPENDIX B


                                        REFERENCES
                                         (Continued)

               Shute, Mihaly, and Weinberger in Association with Sedway Cooke
                    Associates and Hughes-Heiss & Associates. California
                    Coastal Commission Enforcement Progra . January 1986.
                          A model enforcement program to guide local
                       authorities and the California Coastal Commission in
                       monitoring and enforcing the California CZM law.


               Florida

               Florida Department of Environmental Regulation and The
                    Governor's office of Planning and Budgeting and
                    Environmental Affairs. Florida Coastal Manggement Procrram
                    Federal Consistency Evaluation Procedures. (September
                    1989).



               Orecron

               Oregon Department of Land Conservation and Development. OMon
                    Coastal Management Program, Section C: Annual Repo .
                    (1989).

                            . . , Excerpts from the Semi-Annual Repo .
                    (December 1989).

                                Orecron's Statutes on Land Use and Plannin .
                    (1989)

               Oregon Administrative Rules. Chapter 660: Oregon Land
                    Conservation and Development Commission. Includes rules
                    for plan reviews, review and approval of state agency
                     nn-mlinatam programs, and compliance and compatab3.1ity of
                    state permits

                             -. Chapter 141, Division 85: Division of State
                    Lands. Includes procedures for handling violations,.
                    enforcement procedures, and civi-I penalties.

               Oregon Statutes. Chapter 196:840 - 990. Wetlands, Rivers,
                    Removal and Fill; ocean. Includes procedures, for handling
                    violations, enforcement procedures, and civil penalties.


               Pennsylvania

               Pennsylvania Bulletin. Vol. 19, No. 48 (December 2, 1989).








                                      APPENDIX B

                                      REFERENCES
                                      (Continued)

             Virgin Islands

             Virgin Islands. Rules and Regulations, Title 12, Chapter 21,
                  Subchapter 913. Enforcement.

                           . Memorandum from Alan D. Smith, Commissioner,
                  Department of Planning and Natural Resources, on
                  Departmental Policy for Systematic Enforcement Patrols by
                  CZM and BEE Staff. January 4, 1989.


             Virginia

             U.S. Department of Commerce, National oceanic and Atmospheric
                  Administration, Office of Ocean and Coastal Resource
                  Management. Commonwealth of YiMinia Coastal Resources
                  Management Program and Final Environmental Impact
                  Statement. Volumes I & II. (July 1986).


             Wisconsin

             Wisconsin Department of Administration, Wisconsin Coastal
                  Management Program. Federal Consistency Manual. (January
                  1990.) Describes the system used to monitor federal
                  grant, permit and develcpment activity in WJzconsin. Also
                  includes a detailed description of the coastal Activitie
                  Database that Wisconsin uses to track activities and
                  permits.


APPENDIX C


SURVEY MAILINGS





 @ELIzene P DasbdeU
   P!. \X 1 N    I


         A









       Date



       [Mailing list, 30 CZM Program Managers, Nationwide]



       Dear


       I request your assistance in providing information about your CZM
       monitoring enforcement program which may assist the State of
       Hawaii in its review of its own CZM monitoring and enforcement
       program. My firm has the contract with the State of Hawaii,
       Office of State Planning, Coastal Zone Management Program Office,
       to provide a review of the Hawaii program and to make
       recommendations concerning it.

       we are specially interested in how you track compliance with
       coastal zone laws and objectives by State, County and Private
       agencies.

       We have enclosed a post card for your convenience in responding
       to this letter. We will be following up with a telephone call to
       you. If you have questions or comments, Please call me or Mr.
       Doug Tom, CZM Program Manager for Hawaii (808-548-3026).

       Thank you for your assistance.

       Sincerely yours,



       Eugene P. Dashiell, AICP

       Enclosure




















   3-30 Coral     202             ()A 1;44















                                           Eugene P. Dashiell, AICP
                                           Planning Services
                                           330 Coral Street, Suite 202
                                           Honolulu, Hawaii 96813-5544









             Hawaii CZM Monitoring and Enforcement survey.                            March 15, 1990

             Please check the applicable categories. Thank you for your assistance.

                     'Me name and telephone number of our point of contact is:
                     Name                                                   Numbe


                     We are interested in the results of your project and would like to receive further
                     information about it at a later date.


                     We have material we are sending you under separate cover which explains our
                     Monitoring and Enforcement Program.

                     We believe the following states have exceptional monitoring and enforcement
                     programs which Hawaii may be interested in as models for their own.











                     STATE COASTAL ZONE PROGRAM MANAGERS

    ALABAMA -       Luther Holt
                     Program Manager
                     P.O. Box 2939
                     Montgomery, AL 36105-0939
                     (205) 2 8 4 -8 77 4

    ALASKA -          Jan Caulfield
                     Coastal Program Coordinator
                     Division of Governmental
                        Coordination
                     Office of Mgmt. & Budget
                     Pouch AW - Suite 101
                     431 North Franklin
                     Juneau, AK  99811-0165
                     (907) 465-3562

    AMERICAN
    SAMOA -          Henry Sesepasara
                     Program Manager
                     Development Planning Office
                     Government of American Samoa
                     Pago Pago, American Samoa 96799
                     (684) 633-5155

    CALIFORNIA -     Jody Loeffler
                     Program Manager
                     California Coastal Commission
                     631 Howard Street, 4th Floor
                     San Francisco, CA 94105
                     (415) 543-8555

    BCDC -           Alan Pendleton
                     Executive Director
                     Bay Conservation &
                       Development Commission
                     30 Van Ness Avenue, Room 2011
                     San Francisco, CA 94102
                     (415) 557-3686

    CONNECTICUT -   Art J. Rocque Jr., Director
                     Coastal Zone Management Program
                     Department of Environmental
                       Protection
                     18-20 Trinity Street
                     Hartford, CT 06106
                     (203) 566-7404










    DELAWART-         David S. Hugg, III
                      Executive Assistant to
                       the Secretary
                      Dept. of Natural Resources
                       and Environmental Control
                      89 Kings Highway
                      Dover, DE 19903
                      (302) 736-3091

    FLORIDA           David Worley
                      Program Manager
                      Office of Coastal Management
                      Dept. of Environmental Regulation
                      Twin Towers Office Building
                      2600 Blair S@tone Road
                      Tallahassee, FL 32301
                      @(904) 488-4808

                      Mike Ham
                      Program Manager
                      Bureau of Planning
                      Government of Guam
                      P.O. Box 2950
                      Agana, GU 96910
                      (617) 472-4201

                      Douglas Tom
                      Program Manager
                      Coastal Zone Management Branch
                      Office of State Planning
                      State Capitol, Room 410
                      Honolulu, Hi @ 96ai3
                      (808) 548-3026

                      Terry Howey
                      Director
                      Coastal Resources Division
                      Dept. of Natural Resources
                      P.O. Box 44487
                      Baton Rouge, LA 70804
                      (504) 421-7591-

                      Dave Keeley
                      Program Manager
                      State Planning office
                      State House Station #38
                      Augusta, ME 04330
                      (207) 289-3261





   MARYLAND -       Dr. Jacob Lima, Director
                    Coastal Resources Division
                    Dept. of Natural Resources
                    Tawes State Office Building
                    Annapolis, MD 21401
                    (301) 974-2784

   MASSACHUSETTS   -Steve Bliven
                    Acting Director
                    Executive Office of
                      Environmental Affairs
                    100 Cambridge Street
                    Boston, MA 02202
                    (617) 727-9800

   MICHIGAN -       Chris Shafer
                    Program Manager
                    Division of Land & Water Resources
                    Dept. of Natural Resources
                    Steven T. Mason Bldg., Box 30028
                    Lansing, MI 48926
                    (517) 373-1950

   MISSISSIPPI -    Jerry Mitchell, Chief
                    Coastal Programs Division
                    Bureau of Marine Resources
                    P.O. Box 959
                    Long Beach, KS 39560
                    (601) 864-4602

   NEW HAMPSHIRE   -David Hartman
                    Program Manager
                    Office of State Planning
                    2 1/2 Beacon Street
                    Concord, NH 03301
                    (603) 271-2155

   NEW JERSEY -     John Weingart, Director
                    Division of Coastal Resources
                    Department of Environmental
                      Protection, CN 401
                    Trenton, NJ 08625
                    (609) 292-2795

  NEW YORK -        George Stafford, Director
                    Division of Coastal Resources
                      and Waterfront Revitalization
                    Department of State
                    162 Washington Street
                    Albany, NY 12231
                    (518) 474-3 64 3











     NORTH
     CARCLINA -       George T. Everett, Director
                      Division of coastal management
                      512 North Salisbury Street
                      Raleigh, NC 27611
                      (919) 733-2293

     NORTHERN
     MARIANAS -       Robert Rudolph, Acting
                        Administrator
                      Coastal Resources Management
                        Office
                      Nauru Building
                      Saipan, Mariana Islands 969so
                      (670) 234-6623

     OREG20N -        Richard Mathews
                      Program Manager
                      Dept. of Land Conservation
                        and Development
                      1175 Court Street, NE.
                      Sale=, OR 97310
                      (503) 378-4928

     PENNSYLVANIA     E. James Tabor, Chief
                      Division of Coastal Zone
                        Management
                      Bureau of Water Resources
                        Management
                      Dept. of Environmental Resources
                      P.O. Box 1467
                      Harrisburg, PA 17120
                      (717) 783 -9500

     ?U1270           Ines Mone-feldt, Director
                      Coastal Management Office
                      Dept. of Natural Resources
                      P.O. Box 58a7
                      Puerto de Tierra, PR 00906
                      (809) 724-5516

                      Grover Fuga*.*.e, Executive Director
                      Coastal Resources Management Council
                      Stedman Office Building
                      Tower Hill Road
                      Wakefield, R! 02879
                      (4101) 277-2476















   SOUTH
   CAR0LINA -      Dr. Wayne Beam
                   Executive Director
                   South Carolina Coastal Council
                   AT&T Capitol Center
                   1201 Main Street, Suite 1520
                   Columbia, SC 29201
  	             (803) 737-0880

VIRGIN
ISLANDS -          Robert Pedersen
                   St. Thomas/St. John
                   Director of Permits
                   Dept. of Planning &
                     Natural Resources
                   P.O. Box 4340
                   Charlotte Amalie,
                   St. Thomas, VI 00802
                   (809) 774-3 3 20

   VIRGINIA        Keith Buttleman
                   Administrator
                   VA Council on the Environment
                   Ninth St. Office Building, Rm.903
                   Richmond, VA 23219
                   (804) 786-4500

   WASHINGTON -    Rod Mack, Supervisor
                   Shorelands Division
                   Department of Ecology
                   State of Washington (PV-11)
                   Olympia, WA 98504
                   (206) 459-6777

   WISCONSIN -     William Lehman
                   Coastal Policy Section
                   Division of Energy and
                     Coastal Management, 6th Floor
                   Department of Administration
                   P.O. Box 7868
                   Madison, WI 53707
                   (609) 266-3687


Appendix G


Typical Hardware and Software
Specifications for the Proposed System










                           Typical Hardware and Software Specifications for the Proposed
                           System

                           1.1     Hardware


                                   1.1.1   File server
                                   1.1.2   Workstations
                                   1.1.3   Extended/expanded memory
                                   1.1.4   Uninterruptable power supply, surge suppressor
                                   1.1.5   Mouse
                                   1.1.6   Tape drive
                                   1.1.7   Laser printer, memory, font cartridges

                           1.2     Software


                                   1.2.1   Operating system
                                   1.2.2   Menu system
                                   1.2.3   Relational database
                                   1.2.4   Application development tools
                                   1.2.5   Utilities
                                   1.2.6   Back up software
                                   1.2.7   Word processing, desktop publishing
                                   1.2.8   Spreadsheet
                                   1.2.9   Project management

                           1.3     Network


                                   1.3.1   Network cards
                                   1.3.2   Network cables
                                   1.3.3   Network operating system
                                   1.3.4   Telecommunications lines
                                   1.3.5   Modems
                                   1.3.6   Communications software


                           1.4     Supplies

                                   1.4.1   Paper
                                   1.4.2   Cartridges
                                   1.4.3   Cables
                                   1.4.4   Diskettes
                                   1.4.5   Storage cabinets and cases
                                   1.4.6   Extension cords










                      1.5   Maintenance


                            1.5.1 Hardware
                            1.5.2 Software
                            1.5.3 Upgrades

                      1.6   Facilities


                            1.6.1 Power
                            1.6.2 Cables
                            1.6.3 Phone lines
                            1.6.4 Lighting
                            1.6.5 Furniture

   I










 I
 i
 i
   I






 i
 i



 I
 I
 I                                 I
 I
 i
 I
 I
 I
 I                              Appendix H
 I
 I                  Memoranda of Workshops
 I
 I
 I
 I
 I
 I
 I
















          March 6, 1990

          Mr. Doug Tom
          Hawaii Coastal Zone Management Program
          250 South King Street
          Honolulu, Hawaii 96813



          Dear Mr. Tom:

          Subject:     Initial Workshop Meeting with HCZMP Liaison County Officers and
                       Key State Users -- Contract to Evaluate and Improve the Hawaii
                       Coastal Zone Management Monitoring and Enforcement Program

          I am submitting the enclosed draft memo for your review. It will accompany the
          subject meeting notice. Its purpose is to inform the attendees of the subject of
          the meeting which is to obtain their evaluation on the existing program and their
          ideas on how it may be improved.

          I plan to conduct a workshop session of about 2 & 1/2 hours, broken up by coffee
          breaks. I would prefer a morning time slot which would start at 9:00am and end
          at 11:30am. The information resulting from this meeting will be extremely useful
          in carrying out the work of our contract.

          Please call if you have questions or comments.

          Sincerely yours,



          Eugene P. Dashiell, AICP

          Enclosures











                                Monitoring and Enforcement (M & E) Program Workshop


              Purpose

              The purpose of this workshop is obtain the views of County and State CZM managers and HPASS users
              regarding the existing monitoring and enforcement program and ways to improve it. The contractor's task
              is to advise the HCZMP and to recommend changes if warranted. As participants in the program and
              users of the HPASS/Wang VS system:

              0       You have the most experience with the system. Does it work for you? If not, what would work?

              0       You know what you need to supply the M & E program requirements. Do you think there are
                      better ways to report?

              0       You know your CZM information needs, does HPASS fulfill them? Do you need the HPASS
                      data base? Do you use it? Are there better ways to provide a planning data base, such as a GIS
                      or PC based system?

              0       You know your time and budget pressures. Can your agency maintain its own data base? Does it
                      need a State-wide data base?


              0       What would be the best way for you to report to HCZMP in order to fulfill your obligations
                      under the HCZMA?



              Approach

              At the workshop, we will ask you to try and answer these and other questions which come up. Over the
              next two months we will be reviewing the M & E program and probably contacting you directly to ask
              more questions or to review proposed changes. We will be contacting other States to discuss their
              programs and to see if any of their procedures would be useful here.

              Initially, it appears that the Wang VS system is not user-friendly and probably hampers HCZMP reporting
              and analysis. A big question is whether or not a replacement system should include the planning data
              which may not be required for HCZMP to do its job which is "...to detect patterns of state and county
              agency non-compliance with the CZM objectives and policies pursuant to Chapter 205A, Sections 205A-3,
              205A-4, and 20SA-5."

              As the contractor for this project, our job is to review the overall M & E program and to suggest changes
              to it. We are not specifically tasked to provide computer or data base solutions. But we expect that these
              will enter into our discussions to some extent.


              T'hank you for your assistance in this. Please feet free to call me if you have questions or comments about
              the project or the workshop.



              Eugene P. Dashiell, AICP





     Eugene R DcasWell
                         A I C 11
     PLANNING SERVICES
     Lind Use, Alarine &- TV@tc-r Resouive Plans                                         March 27, 1990
     Enrironnzent,d Inipcier Stciwtnents            Agenda

                                   HCZMP Monitoring & Enforcement Review

            1.     Introductions -- Contractors and           9:00
                   HCZMP agencies.

            2.     Purpose of Workshop -- Purpose
                   of workshop; need for ideas from
                   HCZM agencies to make the
                   M&E program more efficient and
                   productive.

            3.     Participants describe how the
                   M&E program works in their
                   office, how much time they spend
                   on it, what information is of value
                   to them as well as to the OSP. Is
                   there any problem with HPASS or
                   hardware?


            4.     Summary of the working HCZM                10:00
                   M&E program, based on above
                   discussion.


            5.     Participants suggest improvements
                   to the program, data,
                   computerization, less work, or
                   other items.


            6.     Summary of suggestions for                 11:00
                   improvements.

            7.     Schedule of second workshop,               11:45
                   evaluation forms to be mailed out
                   to participants and returned.
                   Close of workshop.

            Contractors are Gene Dashiell, AICP,              would like you to sign and return if with
            Planning Services; Ryan Yamamoto of               comments. A second workshop is
            Data House; Bob Stanfield of                      tentatively scheduled for April 18 to
            Community Resources. We will send                 discuss our tentative findings. Thank you
            you a summary of this workshop and                for your assistance.




     330 Coral SL-eer . Suite 202        Hawaii 968,
     t8O8) 557-971,7






    Eugene P. Dashiell
    PLANNING SERVICES

    Land Use, Marine & Water Resource Plans
    Environmental Impact Statements


         April 5, 1990

         TO: Bob Stanfield

         Subject: List of attendees at March 27 Workshop




         Bennett Mark         C&C Honolulu        DLU            527-5038

         Norman Hayashi       Hawaii Co           Plng Dpt       961-8288

         Ricky Tsuchiya       Kauai Co            Plng Dpt       245-3919

         Philip Ohta          Maui Co             Plng Dpt       243-7735

         Mark Scheffel        DLNR                Forestry       548-8850

         Roy Sakamoto         State               OEQC           548-6915

         Caryn Tatori         State               OEQC           548-6916

         John Nakagawa        State               HCZMP          548-5973

         Kenton Kuwada        State               HCZMP          548-5973

         Gene Dashiell        Planning Services                  537-9717

         Bob Stanfield        Community Resources                528-2211

         Ryan Yamamoto        Data House                         942-8108


























    330 Coral Street   Suite 202 Honolulu, Hawaii 968 1 3-5544
    (808) 537-9717






      Eugene P. Dashiell
      PLANNING SERVICES

      Land Use, Marine & Water Resource Plans
      Environmental Impact Statements






              Memorandum

              April 12, 1990

              To:            HCZMP Monitoring and Enforcement Workshop Participants

              Subject:       Notes from March 27 Workshop and Agenda for April 19 Workshop


              1.      Enclosed are our notes from the subject workshop. Please review for
                      consistency and accuracy. We have added a few remarks based on
                      discussions with other agencies who could not attend, but who are
                      participants in the program.

              2.      At the April 19 workshop, we will present some suggested changes to the
                      HPASS system and we will discuss the minimal reporting requirements for
                      HCZMP to OCRM. Based on your reactions to our suggestions, and your
                      participation in the workshop, we will prepare our draft report to HCZMP.



              CF: Mr. Doug Tom


















      330 Coral Street Suite 202  Honolulu, Hawaii 96813-5544
      (808) 537-9717








                                          Mailing List

                                    HCZM M&E Workshop

                                         April 12, 1990




          Counties


          Mr. Tom H. Shigemoto, Planning Director, Kauai
          Mr. Ricky Tsuchiya*

          Mr. Donald Clegg, Director, DLU, Honolulu
          Mr. Bennet Mark*


          Mr. Christopher L Hart, Planning Director, Maui
          Mr. Phillip Ota*

          Mr. Duane Kanuha, Planning Director, Hawaii
          Mr. Norman Hayashi*


          State


          Mr. William W. Paty, Chairperson, DLNR
          Mr. Mark Sheffel*
          Mr. Roger Evans*

          Dr. John C. Lewin, Director, DOH
          Mr. Gene Akazawa*
          Ms. Caryn Tatori*

          Mr. Edward Y. Hirata, Director, DOT
          Mr. Dave Parsons*



          Contractors
          Mr. Bob Stanfield, Community Resources*
          Mr. Ryan Yamamoto, Data House*


          *Attended meeting or participated in interview.










                                          April 12, 1990



               MEMORANDUM

               TO:         Participants

               FROM:       Bob Stanfield, Manager, Community Resources, Inc.

               SUBJECr:    Report on March 27, 1990 Meetincr with HPASS Users


               1.0 Partic


                    STATE                                  Honolulu


                        HCZKP                                 Bennett Mark

                           John Nakagawa                   Kauai
                           Kenton Kuwada
                                                              Ricky Tsuchiya
                        OEOC
                                                           Maui
                           Roy Sakamoto
                           Caryn Tatori                       Phillip Ota

                        DLNR                           Consulting Team

                           Mark Sheffel                    Gene Dashiell, Amp
                                                           (Project Manager and
                    COUNTY                                 Principal)
                                                           Bob          Stanfield,
                        Hawaii                             Community Resources,
                                                           Inc.(CRI)
                           Norman Hayashi                  Ryan Yamamoto, Data
                                                           House, Inc.

               2.0


                    Introductions

                    Statenent of Purpose by HCZMP

                    Workshop Purpose by Dashiell

                    Participant Dq>eeriences with M&E process and with HPASS
                        Information System

                    Participant suggestions and Recommendations for M&E process
                        and Information System

                    Closing Remarks and Announcment of Follow up Workshop,
                        April 19








              Memo to Participants on March 27 Meeting
              April 12, 1990
              Page 2

              3.0 Statement of Purpose by HCZMP

                   John   Nakagawa, Hawaii Coastal Zone Management Program
              (HCZMP) planner, explained that the purpose of the contract with
              Dashiell and his consulting team was to examine the goals and
              objectives of the HCZMP Monitoring and Enforcement (M&E) Program
              and to specify the needs and criteria that should be met by the
              M&E Information System.

                   He en#iasized that the project was not aimed at updating
              and revising the HPASS System. Instead, the project will help:

                   ï¿½   clarify what kind of system is needed tomeet the needs
                       of all the State and county agencies involved in the M&E
                       Program, and then

                   ï¿½   look at what should be done with the HPASS System;

                          upgrade software arid/or hardware,
                          maintenance of existing data with system replacement,
                          or
                          abandon existing data and system replacement

                   He noted that HCZMP1s information needs for M&E consists
              of :

                   ï¿½   Sufficient information on permits and rule making by
                       State and County agencies to insure that impacts are in
                       compliance with C2M policies and objectives.

                   ï¿½   Information required by Federal OCZM to demonstrate
                       adequate M&E activity


              4. 0 Workshop Purpose Statement by Dashiell

                   Gene Dashiell introduced the members of 'the Consulting
              Team, and explained the purpose of the workshop was to gather
              the experiences, problem, and recommendations of the State and
              County staff involved in the M&E Program in an informal
              atmosphere.

                   Participants were asked to evaluate both the process arid
              the information handling in the current M&E Program.







               Memo to Participants on March 27 Meeting
               April 12, 1990
               Page 3

               5.0 Participants Comments on the Existing M&E Systgm--

               5. 1 Process

                    The State Advisory Committee which includes State agency,
               County, and Community members meets to review HCZMP operations
               and policies. It is not directly involved in the M&E System.

                                             County

                    All four of the counties use information fraritheir own
               databases to prepare reports to HCZMP and type or copy data into
               the report to HCZMP that has already been entered. into their own
               databases.

                    Kauai and Maui send HCZMP copies of all approved SMA,
               permits.

                    When the counties need information for CZM permit actions,
               they are working under tight time deadlines. As a result, they
               can't wait for data bases to be updated.           To get the most
               current information, they call the other State and County
               agencies to obtain process and planning information and informal
               evaluations of projects.

                                             State

                    State agencies don It have to have HCZMP certify their
               consistency with CZM policies and objectives. By law, they are
               supposed to act in ways consistent with the CzK policies and
               objectives.    Disagreemnts about whether agency policies or
               actions are consistent with the CZM policies and objectives have
               arisen between HCZMP and State agencies.

                    HCZMP uses the OEOC Recrister to collect information on EIS
               actions at present because the modem connection with HCZM from
               OEQC is not working.

                    maintenance of the HPASS system costs $33,000 per year on a
               contract with Wang.      No software support was provided because
               custam software was developed for the HPASS program.

                                            Federal
                    The   Federal   CZM   program   wants to see evidence of
               improvement in Coastal Zone Management.

                    New semi-annual and annual Federal Reporting Requirements
               may increase the amount of information that the HCZMP must
               report to the Federal Office of Coastal Zone Management (OCZM).
               Hawaii is currently negotiating with OCZM about the
               requirements.    The proposed regulations would impose major data
               requirements, with much of the data difficult to collect.








               Memo to Participants on March 27 Meeting
               April 12, 1990
               Page 4

               5.2 HCZMP Needs


                                            County

                    HCZMP does not need all of the information collected from
               the counties on the current HPASS form. What is needed is a
               quarterly report with the following elements:

                    ï¿½  A Statistical Summary of SMA Permits (Major & Minor) and
                       of Shoreline Variances by Applied and Approved

                    ï¿½  A listing of Public Hearings Completed and Scheduled

                    ï¿½  A Summary of Significant Major SMA Permits & Shoreline
                       Variances with a Paragraph Describing Key Elements of
                       Each Action

                    ï¿½  A Statistical Summary of County Monitoring & Enforcement
                       Actions

                    HCZMP   needs evidence of appropriate criteria/expertise
               being used by the counties in approving permits.

                    HCZRP needs enough descriptive information and summary
               statistics so that they can pick out patterns and identify
               emerging problem areas and trends.       Such a "flagging" system
               alerts them that there is a problem for which they may need to:

                    ï¿½ call the permit agency to discuss the problems,

                    ï¿½ muster resources for special studies, or

                    ï¿½ prepare requests to the Legislature for the resources or
                       staff needed to address the problem.

                                             state

                    HCZMP could rely on the OEOC Bulletin to collect'
               information on all EIS actions affecting the Coastal Zone. The
               HPASS system is not needed.

                    HCZMP reeds early warning from State agencies which are
               proposing rules affecting CZM policy goals and objectives and
               involvement in consultation in order to avoid unnecessary
               dispute or delays in implementation.


               5.3 State & County Acrency Needs

                    Each agency should be able to get a printout of any
               information they entered into the system without a lengthy wait.







              Memo to Participants on March 27 Meeting
              April 12, 1990
              Page 5

                   Data was entered into HPASS that nobody used. No data
              should be entered unless a clear and continuing need is
              demonstrated.

                   The HPASS form was not fluser friendlyll, and input was
              difficult.

                   HPASS tried to establish a common CZM planning data base.
              However, each agency now has its own individual data base in
              manual and/or computerized form.-      As a result, a common
              camputerized data base for CZM purposes is not needed by the
              State and County agencies.

                   A map based data base that could be used to identify all
              permits affecting a specific location, region, island, or county
              could be useful.

                                           County

                   The counties never could get direct printed output from the
              HPASS system.    Instead, they had to ask HCZMP to print output
              from. the system and send it to them.

                   The major need of county CZM planners is for data and
              analysis that can be quickly assembled due to the limited time
              they have for review and response to permit applications. They
              rely on reviewing agency comments to identify any prcblems, and
              could benefit from quicker response by reviewers.

                   Reviewing agencies may not have the information needed to
              properly evaluate the accumulating effects of many ItLinor" SMA
              permit actions (eg. Seawall construction). University experts
              are hard to involve in reviews, and may not have adequate data
              on the overall pattern of changes resulting from minor permit
              approvals.

                   County planning agencies don't have the staff expertise to
              evaluate either the issues or the reviewers' responses. An'
              additional prcblem is the resolution of conflicting responses
              from consultants.

                   County agency staff sometimes find it useful to consult
              with the other counties for guidance on how they handled certain
              types of projects.     There is no need for a computerized data
              base for such comparisons, because a call is easier and a data
              base would be expensive to update and wouldn't be used enough to
              justify the updating.

                   County CZM planners would find it useful to know what other
              permits or land use actions are associated with the project in
              addition to the application for an SHN pernut.







               Memo to Participants on March 27 Meeting
               April 12, 1990
               Page 6

                    County CZM plarmers do not find the State Data Book or the
               State Data Book Bulletin Board System very useful either as a
               reference or as a guide to sources.

                    County C2M planners do not need access to a Statewide
               Planning Data Base or Geographic Information System (GIS). Such
               data might be most useful and relevant to the agency specialist,
               consultants, or other reviewers who are asked to comment on CZM
               permit actions.

                    County CZM planners bad little use for the old data on
               HPASS.   In some cases, the data was incorrect. In addition, the
               counties have their own data collections which they use if there
               is a need to information on the past permit actions.

                                              State

                    When HPASS was operated from the UH, OEQQ was able to both
               enter input and get printed output from the data base.

                    DLNR  was unable to get a direct printout from the HPASS
               system.

                    DENR doesn't use HPASS. (Since the meeting, Dashiell has
               learned that Roger Evans does keep his Conservation District
               Permit information on the Wang system, but would like to move it
               to the PC-based data system that DLNR has adopted (DBASE IV).

                    DDT (Dave Parsons) has suggested that the HPASS data be
               made available in IE24-PC format.

                    OEQC is developing its own ccaputerized data base. OEQC
               would like to create a computerized version of the EggLister that
               could be searched by keyword and accessed by other computer over
               a modem connection.     A bill to appropriate such a system is in
               the Legislature

                    OEQC would be willing to include CZM material in its
               Register if HCZMP wanted to provide it on a regular basis.

                    DOH (Gene Akagawa) does not need HPASS data. DOH maintains
               its own water quality files on an IBM-PC system.              He is
               interested in a GIS.







              Memo to Participants on March 27 Meeting
              April 12, 1990
              Page 7


              6.0 Options for Information HandljM & Comftunicat

                    Several options for information handling and communicating
              between all the participants in the State's CZM M&E System could
              be implemented.      Ranging from simplest to most complex, they
              are:



              6.1 Information Handl

                    Baseline:    Present practice with each Agency maintaing an
              individual data base.       Retrieval and analysis by manual and
              computer methods within      agency. Transmittal to other agencies
              and to HCZKP by phone message, fax, or mail.

                    Purpose   of   Options:       increase ease of retrieving,
              transmitting, and analyzing information for each Agency. Reduce
              the amount of paper transmitted and held by agencies.

                    ï¿½  Index Option:     A Data Base containing an Index to all
                       Permits, Shoreline Variances, Hearings, Monitoring and
                       Enforcement Actions,      and Rules Change Information.
                       Could be searched and summarized by keywords like Type,
                       Date, Location of Document, Issuing Agency, Geographic
                       Location of Action, Applicant Name, etc. depending on
                       the extent of indexing.        An on-line Bulletin Board
                       System could allow computerized searching of the Index
                       for those agencies with computer-modem facilities, and
                       periodic reports could be printed out for those without
                       such equipment.

                    ï¿½  Document Opti : A Data Base containing the text of the
                       Permits,   and other Process        Docmwmts      (Shoreline
                       Variances,   Proposed Regulations, etc.) produced by
                       scanning and storage on optical disk. could be searched
                       by keyword and used to retrieve and printout specific
                       text and graphic information quickly.

                    ï¿½  Plannim and Resource Management Option: A Data Base
                                                                            I .
                       containing indices, text, and data useful for reviewing
                       and commenting on permit applications.


              6.2 Information Handlincr Network Structure

                    Two   alternative   network    setups   were   suggested for
              information handling:

                    o PC Database Opti          Each agency would have a computer
                       with database software and a modem.         A CZK database
                       would be maintained on the PC, and report data
                       transmitted to HCZMP.








               Memo to Participants on March 27 Meeting
               April 12, 1990
               Page 8

                    o Acrency Database Opti : Data for reports to HCZMP would
                        be extracted directly from agency data files, converted
                        to the format needed by HCZMP, and transmitted to HCZMP
                        with minimal additional data entry or manipulation.


               6. 2 Cammnications

                    Baseline:     Present Practices of regular monthly meetings,
               phone conversations, routing of permits and regulations for
               review and comment, and exchange of paper reports/computer
               diskettes

                    Rgogge of Options: Improve ease of camunication, expand
               conmmnication among Agencies, and promote awareness of CZM goals
               and resource and hazard management issues.

                    ï¿½   Awar-enesqZConsensus kLb@       Meet         Meetings once a
                        year with key State and County agency staff to review
                        key   concerns     of  HCZMP and reach a consensus on
                        procedures    for   identifying and communicating about
                        significant permit actions and rule changes. Purpos :
                        Establish lines of comtmnication and procedures in order
                        to promote awareness of and to avoid unnecessary
                        conflicts aver coastal resource and hazard management
                        issues.


                    ï¿½   Newsletter Option:     Feature Stories on CZ14 Resource and
                        Hazard Management Issues in Hawaii, News of Signif icant
                        Actions,   Rules    and Regulations under Revision or
                        Proposed,    Legislation affecting Programs or Budget,
                        Personnel News. Purpose: Broaden awareness and build a
                        sense of community.

                    ï¿½   Voice Mail Option: Allows recording of phone messages,
                        conference calls, and retrieval of messages from other
                        phones.    Purpos       Increase efficiency in phone use
                        among agencies.

                    ï¿½   Electronic     Bulletin Board System         (BBS)     Option:
                        Cmiputzrized version of voice mail.           Allows direct
                        transmittal of personal and public messages, conferences
                        on issues of interest, recall and response at time of
                        convenience, and electronic transfer of text, graphics,
                        and data.     Purpose: Build a sense of community through
                        conferences,    increase    efficiency in transmittal of
                        cm'nputerized   data,   and    reduce    amount   of     paper
                        transmitted and held by agencies.









              Memo to Participants on March 27 Meeting
              April 12, 1990
              Page 9


              7.0 Agency Capacities for Information Handling

			County

                       Hawaii County has Wang machines and IBM-PC's. They are
                       using custom data base software on the IBM-PC to track
                       land use permits by TMK.

                       Honolulu    City    and   County    has a Mainframe based
                       inter-agency data base system that tracks land use by
                       TMK.     Access to the system is through terminals. In
                       addition,    Honolulu    has recently developed a basic
                       Geographic    Information System (GIS) for Oahu using
                       ESRI's ARC-INFO system.

                       Maul County has a land use data base on IBM-PC's and is
                       developing a GIS.

                       Kauai County is developing a database on the IBM-PC for
                       tracking land use.

                    State


                       OEQC has two IBM-PCs and wants to develop a permit
                       tracking database.

                       DLNR has IBM-PCs and is using DBASE IV software for
                       their purchase order system.

                       The State has a GIS using ESRI's ARC-INFO system.





     Eugene P DashieH
                        A i C!,
     PLANN(NG, SFM     ;( C EIS

     Land t 'sc. A hir*ic & [ f ater Rcsouav [Yans
     Enrhurimenral Impacr Starcments

           April 5, 1990

           Mr. Roger Evans
           Department of Land and Natural Resources
           1151 Punchbowl Street
           Honolulu, Hawaii 96813

           Dear Mr. Evans:

           Subject:      Hawaii Coastal Zone Management, Monitoring and Enforcement Program

           This is to confirm our telephone discussion of March 30 in which I noted that we have
           been contracted by HCZMP to provide a review of the monitoring and enforcement
           program and in particular the need for, and use of, the HPASS system and its data. I
           reported to you the results of our March 27 workshop which confirmed that the HPASS
           hardware, software and overall system no longer functions as originally intended some 10
           or 15 years ago and, moreover, the data entry and maintenance requirements of HPASS
           have become sufficiently burdensome so that a replacement system of some sort is
           worthy of consideration. It appears that your's is the only office using the system in any
           significant manner and this is for the Conservation District Use Application files.

           I stated that we would be looking into the feasibility of file transfer between the Wang
           VS system (HPASS) and IBM PC format which I understand is your intended
           replacement system within your office. My understanding is that you would accept a
           shut-down of HPASS providing your CDUA files can be made available to you in IBM-
           PC format. I also stated that such a shut-down is not imminent. Rather, if it is to
           happen, it would be after a suitable replacement M & E system was operational.

           On April 19, at 9am, we will present our preliminary findings in a workshop to HCZMP
           agencies and HPASS users such as yourself. The meeting will be in the penthouse
           conference room of the Kamamalu Building. We will use the results of the workshop in
           the preparation of our draft report to the HCZMP. I hope you or your representative
           can attend.


           Sincerely yours,
                            P
           Eugene P. Dashiell, AICP

           CF: Mr. Doug Tom, HCZM Program Manager





     330 Coral Street - Suite 202 . Honolulu, Hawan 96813-@544
     (808) 337 -9-1 17






   Eugene P. Dashiell
                    
   PLANNING SERVICES

   Land Use, Marine & Water Resource Plans
   Environmental Impact Statements

         April 19, 1990

         Memorandum

         To: HCZMP Workshop Participants

         Subject:    HCZMP Monitoring & Enforcement Recommendations for
                     Discussion


         Based on our review of the past workshop discussions, federal requirements,
         previous HPASS evaluations, discussions with agency officials, and review of
         HCZMP documents, we recommend that HCZMP consider the following actions
         to simplify their Monitoring and Enforcement reporting requirement.

         We note that HCZMP's purpose is to oversee the furtherance of the 7
         objectives of Hawaii's Coastal Zone Law (Act 205A-2). In sum, these
         objectives are as follows.

         1)    Recreational Resources. Provide coastal recreational opportunities
               accessible to the public.

         2)    Historic Resources. Protect, preserve, and where desirable, restore
               those natural and manmade historic and prehistoric resources in the
               coastal zone management area that are significant in Hawaiian and
               American history and culture.

         3)    Scenic and Open Space Resources. Protect, preserve, and where
               desirable, restore or improve the quality of coastal scenic and
               open space resources.

         4)    Coastal Ecosystems. Protect valuable coastal ecosystems from
               disruption and minimize adverse impacts on all coastal
               ecosystems.

         5)    Economic Uses. Provide public or private facilities and
               improvements important to the State's economy in suitable
               locations.







   330 Coral Street Suite 202 Honolulu, Hawaii  96813-5544
(808) 537-9717








         6)    Coastal Hazards. Reduce hazard to life and property from
               tsunami, storm waves, stream flooding, erosion, and subsidence.

         7)    Managing Development. Improve the development review
               process, communication, and public participation in the
               management of coastal resources and hazards.

         Our suggestions are made in the context of these 7 overall goals. It appears
         that up to now the HCZMP has not been able to measure progress towards
         achievement of these goals. We are suggesting an integrated approach which
         would permit direct tracking of achievements towards these goals. We believe
         that our suggestions, if implemented, would result in less rote data entry as is
         now required under HPASS and would free up vital staff time for assertive
         coastal planning and field inspections -- items that are in demand as the
         number of coastal actions increases in throughout the state.

         Please review these suggestions and respond back to me or to John
         Nakagawa by May 7 with your changes, remarks, additions, or disagreements.
         We intend to use this document as a basis for our report with your
         concurrence.


                           Actions to Improve Reporting: County
                           Agencies - State HCZMP

                           1)    Request the counties to submit data in a simplified
                                 and unified format for use by HUMP in some sort of
                                 microcomputer database. The counties could use
                                 their existing microcomputers and send data disks or
                                 use dial-up modems. Compliance with this suggestion
                                 could include:


                                 a)    At a minimum, use of a uniform database format
                                       (not necessarily the same database software,
                                       but at a minimum softwares which can produce
                                       a common file format like ASCII or DIF);

                                 b)    It might be desirable to have dedicated
                                       microcomputers in each county CZM office. In
                                       that case, HUMP could assist in obtaining


                                                                                     2








                                       suitable microcomputers and several copies of
                                       an appropriate database software for each
                                       county and for HUMP, or just the software if
                                       that county has access to an appropriate
                                       microcomputer. This suggestion has an
                                       advantage of complete uniformity.

                           2)    Set up the system for the counties to track SMA's with
                                 the same core of each database. Each county could
                                 customize the database as they wished for their own
                                 uses, but they would send the core of information to
                                 HUMP which would meet the OCRM reporting
                                 requirements. HUMP would dump those files into
                                 their own microcomputer database and could
                                 compose their reports. This would permit HUMP to
                                 easily file the semi-annual tables to OCRM based on
                                 electronically loading the county files rather than hand-
                                 punching the information. The counties would save
                                 effort by having one-time-only data entry.

                           3)    Reduce the questions the counties must answer to a
                                 bare minimum from the current HPASS forms.


                           Actions to Improve Reporting: State
                           Agency - State HCZMP

                           4)    HUMP would customize their own database to track
                                 all the other information they now receive such as
                                 permit notices, permit applications and decision
                                 notices. They could keep narrative information about
                                 each permit action, federal consistency decla41on,
                                 other State action, CDUA, or OCRM grant and then
                                 prepare draft reports from the data base. By so
                                 tracking data and entering data daily, actual reporting
                                 would be relatively straightforward at the required
                                 quarterly, semi-annual, or annual intervals.





                                                                                     3








                                    When the above program is setup and working
                                    properly, HCZMP should shutdown the Wang HPASS
                                    system after making the files available in PC format.

                              5)    According to the current federal reporting guidelines
                                    (Sep 1988) it appears that if additional detail is
                                    required from the states (for example, acres of
                                    wetlands), that this information would be submitted on
                                    a one-time basis to serve as a baseline to measure
                                    change. At present, such data is not required from
                                    the counties or the state. If it should be required,
                                    such data fields could be added to the proposed data
                                    base system of reports.


                              Actions to Meet Annual Federal
                              Requirements

                              6)    Add a checklist or scorecard which permits tabulation
                                    of contribution to, or taking from, the 7 objectives in
                                    ACT 205A. Include best management actions,
                                    conformance with CZIVI plans, and conditions on SIVIA,
                                    CIDUA, or other CZIVI-related actions or permits.
                                    Consider categorizing (seawall, beach, marina, etc)
                                    SIVIA and other permit actions to provide an additional
                                    level of detail and search capability by type of action.
                                    Entries on the checklist would be numeric in terms of
                                    the 7 objectives so that for each semi-annual report
                                    there would be a measurable statement of the
                                    contribution to or taking from the objective. This could
                                    be done by category of action as well which would
                                    permit time-scale analysis of the relative proportion of
                                    actions for easy detection of trends.

                                    HCZMP, themselves, would track and evaluate state
                                    and federal projects in the same manner against the
                                    same 7 objectives. If this initial tracking was too time
                                    consuming, a special directive could be sought from
                                    the Governor to all state agencies to perform this



                                                                                             4









                                  Summary of scores from all SMA/CDUA, permit or other actions in the State (0            loss, 1    no change, 2     contribution)


                                                                                                         1                2                3                4         Net for
                                              The 7 HCZMA Obj ctives in Act 205A-2                    Qr1r             Ortr             Ortr             Qrtr            Year


                                 1              Provide Public Accessible Recreation                     0                1                2                0            0.75


                                 2                  Protect/restore Historic Resources                   1                2                0                1            1.00


                                 3                 Protect/improve Scenic Resources                      1                1                0                2            1.00


                                 4                                 Protect Ecosystems                    0                0                1                0            0.25

                                 5     Economic Development in Suitable Locations                        1                2                1                1            1.25


                                 6               Reduce Hazards to Life and Property                     2                1                1                1            1.25

                                 7             Improve Development Review Process                        0                0                1                0            0.25
























                                                                                                                                                               CZMM&E.XLS, 4/18/90,6:43 PM, Page 1









                                   function and to submit the scorecard/checklists;
                                   themselves.


                                   Scorecards/checklists would provide a standard
                                   evaluation format equally applicable to county, state or
                                   federal agencies and based on existing state law.
                                   Implementation of this concept (originally a concept in
                                   HPASS, but very complex, and not readily retrievable)
                                   would provide a near instantaneous way of monitoring
                                   and evaluating the progress of CZM actions and
                                   programs in Hawaii.

                             7)    Update the state coastal zone management plan,
                                   basing measurement of achievement towards the 7
                                   goals on these suggestions. Given the plethora of
                                   CZM actions in recent years, it appears that there is a
                                   need for this update.


                             Actions to Improve Communication and
                             Coordination

                             8)    Make the "awareness program", especially for State
                                   agencies, more active. This program is vital to
                                   obtaining a more unified and assertive CZM planning
                                   effort at the state level. This would aid to improve the
                                   CZM planning and coordination among state agencies.
                                   HCZMP should consider use of a periodic news letter
                                   which could be published directly by HCZMP or
                                   through use of the OEOC Bulletin initially.

                                   a)    This is particularly important for improving'
                                         communication regarding the issuance of rules
                                         and regulations by state and federal agencies.

                                   b)    Consider more intensive use of the OEQC
                                         Bulletin for publishing HCZMP program
                                         information and semi-annual statistics. Use of
                                         the Bulletin seems a logical and inexpensive
                                         way to reach more state agency planners


                                                                                           5








                                          especially. An advantage of the Bulletin is that
                                          the mechanism to publish and distribute is
                                          already in place.

                                    c)    The concept of a dial-up modem bulletin board
                                          for CZM information-sharing between agencies
                                          is appealing because it would permit agencies
                                          to query each other in cases where they did not
                                          want to telephone. This would also permit
                                          conferencing--a useful management tool. If the
                                          state CZM data files were operational as
                                          suggested above, they could be a part of this
                                          bulletin board and could be queried by type of
                                          action, location, date, or whatever by agencies
                                          seeking comparable actions during
                                          permit/project review. Maintenance of such a
                                          bulletin board would add to HCZMP's workload,
                                          and there is an inconvenience to users in that
                                          for the system to be effective, they must query it
                                          regularly.

                                    d)    Instead of a bulletin board, consider purchase of
                                          a Fax machine for each CZM office. It is
                                          possible that a Fax would be most useful to
                                          provide the required added communication
                                          capability between agencies.

                                    e)    HUMP might consider a variety of media to aid
                                          in the awareness program. For example a
                                          brochure which outlines program goals,
                                          achievements, and responsibilities on the part of
                                          agencies and the public should be widely
                                          distributed and available in many places around
                                          the state. OEOC has the "EIS Handbook for
                                          Hawaii" which was financed in part by CZM
                                          funds, for example.

                             9)     Consider use of semi-annual field trips in addition to
                                    quarterly site visits to inspect special problem areas
                                    such as loss of public access or marina development.
                                    The use of helicopters for these trips would be cost-


                                                                                            6








                                  effective and would permit a better view of coastlines
                                  than from land.


                            Actions to Improve Resource Management
                            Information

                            10)   Hire a coastal engineer, especially for use in the
                                  awareness/outreach programs and in permit review to
                                  assist counties so that they do not have to rely on the
                                  private sector for coastal engineers (there probably are
                                  not many of these on the neighbor islands).

                            11)   Work with OSP and other state agencies to investigate
                                  and develop a statewide planning database which
                                  would fulfill the original goals of HPASS. This seems
                                  to be a desired and necessary service, but it cannot
                                  be met by CZM. The state has a GIs which comprises
                                  a portion of such a system. The state is planning data
                                  interlinks as well.


                            12)   Work with other state agencies to develop a statewide
                                  weekly or biweekly bulletin for all public notices
                                  including the OEOC Bulletin. This would probably be
                                  cost effective considering the present amount of time
                                  individual agencies put into handling their own public
                                  notices, etc. Such a bulletin would include CIP, which
                                  was the most frequently queried category of
                                  information in the HPASS. Submittals to the bulletin
                                  could be made by modem from each agency so that
                                  the bulletin publisher's job would be merely a matter
                                  of printing, maintaining a mailing list and mailing.









                                                                                       7






                                    DEPARTMENT OF LAND UTILIZATION
                     CITY AND COUNTY OF HONOLULU

                                            650 SOUTH KING STREET
						HONOLULU, HAWAII 96813  (808) 523-4422


FRANK F. FASI
MAYOR

DONALD A. CLEGG
DIRECTOR

LORETTA K.C. CHEE
DEPUTY DIRECTOR




                                           May 3, 1990



           Mr. Douglas Tom
           Office of State Planning
           Hawaii Coastal Zone
             Management Program
           State of Hawaii
           Honolulu, Hawaii

           ATTENTION: Mr. John Nakagawa

           Dear Mr. Tom:

                          Hawaii Coastal Zone Management Program (HCZMP)
                            Monitoring and Enforcement Recommendations

           We have reviewed the recommendations of your consultant, Eugene Dashiell,
           that were presented in his April 19, 1990 memorandum. We have the following
           remarks:

           1.    We agree that a more simplified system of reporting County Special
                 Management Area (SMA) permit and Shoreline Setback Variance (SV)
                 actions to the State, which would meet minimum Federal requirements,
                 would be best. The current H-PASS system is obsolete, ponderous, and
                 of questionable usefulness. We would have no objection to eliminating
                 the H-PASS system altogether.

           2.    We do not believe that a planning database system, if based on
                 primarily the County and State agency reports to the HCZM office,
                 would be of any particular value to the City.   An original intent of
                 the H-PASS was to create a database of planning information.   The City
                 and County of Honolulu already has a Tax Map Key based planning
                 information system called Permit Register Information and Monitoring
                 (PRIM) and is currently installing a Geographical Information System
                 (GIS).  The PRIM and GIS satisfy the City's basic planning information
                 needs.  A State database system, if modelled after the old H-PASS,
                 would be redundant at best, and could be onerous in its reporting
                 requirements at its worst.








           Mr. Douglas Tom
           Page 2



           3.     We suggest that statistical reports on individual projects from the
                  City to the State HCZM office be limited to information which can be
                  easily retrieved through our PRIM system. This would reduce the
                  excessive amount of time that we must currently expand doing research
                  to complete the H-PASS forms.

           4.     We do not believe that it is reasonable to ask a county agency to
                  evaluate whether a permit or a variance it has issued properly
                  mitigates adverse impacts on CZM goals. By their very nature, all
                  permits and variances issued must have taken into consideration the
                  CZM goals and must include appropriate mitigation measures; a county
                  agency could therefore not indicate that it had not properly mitigated
                  adverse impacts to CZM goals. We suggest that it is the HCZM office's
                  obligation to make this determination itself.

           If you have any questions, please contact Mr. Bennett Mark of our
           Environmental Affairs Branch at 527-5038.

                                                    Very truly yours,



                                                    DONALD A. CLEGG
                                                    Director of Land Utilization

           0AC:sl


           0335N/12-13






                                                                                                                     NOAA COASTAL SERVICES CTR LIBRARY



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