HomeMy WebLinkAboutCOM 0741.001 2006-2008 ~wor ~ ,
Brenda J. Ford ~ Phone No.: (808) 326-5684
Counei[Member Fax No.: (808) 329-4786
District7-Centra[Kona E-Mail: bford@co.hawaii.hi.us
•••Tl: O, •M,,+
HAWAII COUNTY COUNCIL -
County of Hawai `i
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawaii 96740
DATE: October 29, 2007 Re: Comm. 741
TO: Pete Hoffmann, Chairman,
And Members of the Hawaii County Council
FROM: Brenda J. Ford, Council Member
RE: Discussion by Planning Director, Chris Yuen, on the Planning Department's
policy changes for requiring an Environmental Assessment (HRS 343-5)
Attached is the letter, memorandum 07-20, and various county department's exemption lists to
be provided to the Council Members for the Environmental Assessment policy discussion by
Planning Director Chris Yuen. Additionally, I am providing several other state agencies'
exemption lists for discussion as well.
C: Lincoln Ashida, Corporation Counsel
Amy Self, Deputy Corporation Counsel
Chris Yuen, Planning Director ~7,/, I
Comm. N$~
Ref. To: 2001
Ref. i~o`e NOV ,
Serving the Interests ojthe People of Our Island
Hawaii County Is An Equa! Opportunity Provider And Employer
MEMORANDUM
N0.07-20
October 3, 2007
TO: PLANNERS, ZONING CLERKS, AND EMS
FROM: CHRISTOPHER J. YUEN
PLANNING DIRECTOR
SUBJECT: EA LAW
Because of two recent events, we have to re-evaluate our practices in reviewing
applications to see whether an environmental assessment is needed under Chap. 343,
Hawaii Revised Statutes, particularly when a land use application for private
development will need improvements within the state or county road right-of--way.
The two events the state DOT's May 2007 memo and the State Supreme Court's recent
opinion in the Superferry case.
DOT's memo said that they would not process applications from landowners for
improvements within the state r.o.w., typically for such things as driveways and turn
lanes, which are associated with private development on the adjoining land, unless the
owner could show that there had been compliance with Chap. 343 when the permits for
the land use were granted (typically by the county.)
The end result of the Superferry decision and the DOT memo, along with an earlier
Hawaii Supreme Court case (Kahana Sunsetl is that when we look at a land use
application, such as a special permit, SMA permit, or a rezoning, we have to see whether
any new construction on state or county land (including adjoining road rights-of--way)
must accompany the development. Very often, it will. There will usually be a need for a
new driveway access across the unimproved shoulder of a road, for example. A larger
project may need turn lanes constructed within the right-of--way.
Now, typically, these kinds of minor road improvements will be on the "exempt list" for
DOT or DPW. This is a list of types of improvements that are normally "exempt" and do
PLANNERS, ZONING CLERKS, AND EMS
Page 2
October 3, 2007
not need an EA, such as paving of shoulder azeas. So if DOT or DPW did this type of
work it would be considered exempt and would not need an EA. If it is done by a private
party in connection with a development, however, the entire development has to be
considered. The development can be exempted only if it is the type of development that
is in one of the "exempt classes of action" under the OEQC Rules. These aze general
classes, such as construction of asingle-family home not in connection with more than
one home.
Planners will have to review the application to see if there is construction on state or
county land involved. This may be shown on the site plan. Planners also have to use
common sense in looking at the application. For example, if access to the property will
require constructing a new road over a "paper" government road, this will trigger this
Chap. 343 review.
If we process an application without requiring an EA because there was no road
improvement or other EA trigger in the application, but it turns out that during the course
of the consideration of the application that there is likely going to be an EA trigger
(because there is a comment letter from DPW asking for road improvements, for
example) we will continue processing the application, because it is not clear until the
permit or rezoning is granted that this will actually be a requirement. In that case, if the
improvement is a condition of the approval, the EA will have to be done before the next
stage in the process. For example, if the property was rezoned, the EA should be done
before the preliminazy subdivision plat is submitted. If the road improvement is a
condition of tentative subdivision approval, the EA should be done before final
subdivision approval, and the tentative approval should include it as a condition.
The end result of this is likely that more applications will need environmental
assessments, and, because the entire project has to be considered, some will need full
EIS's, even though the only "trigger" is a minor construction on the state or county right-
of-way.
Inmost cases, the Planning Department will then be responsible for submitting the
environmental assessment, because we are the agency that received the initial application.
We will usually continue our regular practice of having the private applicant actually
prepaze the information that goes into the EA. We still have to find it acceptable and be
the entity that actually submits it, however. We will also make the determination whether
there must be a full EIS.
PLANNERS, ZONING CLERKS, AND EMS
Page 3
October 3, 2007
I understand that this may cause a big increase in work for some projects. We have to do
this, however, because we have to implement the state environmental impact statement
law, Chap. 343.
I expect to have further staff training on this topic soon. In the meantime, however,
attached is a checklist for reviewing new applications to see if there will be a requirement
for an environmental assessment. This is a checklist for applications that go to the
Planning Commission, such as special permits, SMA permits, rezonings, use permits, and
state land use boundary amendments, and for new subdivision applications. Planners
who are reviewing these applications should go through the checklist. When
completed, a copy of the checklist, initialed by the planner and dated, must be kept
in the file of the application. Planners must keep a copy of the DPW and DOT "exempt
lists", and the "exempt categories" handy so that they can make a determination whether
these apply. (These are included with the memo.)
I am available for consultation on issues involving EA's and applications but long term
this has to be handled by the planners who are reviewing applications.
One further fine point on this: technically, a rezoning or a county council state land use
boundary amendment is not the type of approval that will create the need for an EA,
because state law defines the EA trigger as an "agency action", and the county council is
not an "agency" under Chap. 343. It is not part of the executive branch of government.
However, a rezoning is almost invariably followed by a subdivision or plan approval,
which is an "agency action." Because Chap. 343 says that the EA should be done at the
earliest practicable time, if a rezoning has a "trigger" for an EA, and if it is not exempt,
and if the rezoning is going to be followed by a subdivision or plan approval, then the EA
should be done prior to the rezoning. In the case of a rezoning that would not be followed
by a subdivision or plan approval (which is probably rare), no EA will be required, even
if there is a trigger.
I'm sorry for the complexity of this topic, but again, that is the result of state law.
CJY:pak
Wpwin60/PaUStaffMerno re EA Law.doc
Attachments
cc: Mayor Harry Kim
Corporation Counsel
Department of Public Works
CHAP. 343 REVIEW CHECKLIST FOR NEW APPLICATIONS
THAT GO TO PLANNING COMMISSION AND NEW
SUBDIVISIONS
1. Has an EA or EIS already been done for the project? If yes, stop, the
requirement has already been taken care of.
2. Is there an EA trigger?
--use of state or county lands, including construction within r.o.w.
--use within conservation district
--use within shoreline setback
--use within historic site on national or Hawaii register (see list in GP)
--reclassification of conservation land
--building of certain helicopter facilities, see HRS sec. 343-5
--amendment to county GP or CDP not initiated by county
--construction of new W WTP serving > 49 residences
--construction of new fossil-fuel power plant > SMW
--expansion of existing fossil-fuel power plant by > SMW
--new landfill
--new waste-to-energy facility
--new oil refinery
If no trigger, check _ here. Stop, no EIS/BA needed.
If trigger, check off trigger category or categories, go to #3.
3. Is the trigger on an exempt list or is it an exempt class of action? Review
exempt lists and exempt classes of action.
If no, stop. Project needs EA or EIS. Write applicant, explain. Reject
application. If PPM, process but send applicant a letter explaining they
must do EA and that no TA until this is done.
If yes, list exempt list item or class of action here-, go to #4.
4. Is the project as a whole similar to an exempt class of action?
If no, stop. Project needs EA or EIS. Write applicant, explain. Reject
application. If PPM, process but send applicant a letter explaining they must
do EA and that no TA until this is done.
If yes, go to #5.
5. Contact the agency whose exempt list it falls under. Let them know that
we are considering exempting the project per the category. Ask for any
objection.
If no objection, go to #6. If there is objection, see planning director.
6. Is the project in an unusually sensitive area, or are there successive
actions planned that may have a cumulative effect? If yes or if in doubt, see
planning director. If no, go to #7.
7. Write brief letter to agency whose exempt list it falls under mentioning
that we consulted with the agency and have determined this project is
exempt from EA requirements under exempt list item CC applicant.
Process is now finished.
Checklist completed by .Date:
Comprehensive Exemption List
Department of Water Supply, County of Hawaii
This exemption list for the Department of Water Supply, County of Hawaii was reviewed and
concurred upon by the Environmental Council on November 8, 2006. This list also supersedes the
previous list that was reviewed and concurred upon by the Environmental Quality Commission on
August 2, 1979.
According to section 11-200-8, Hawaii Revised Rules, the Department of Water Supply, County of
Hawaii may declare exempt the following types of actions from the requirement to prepare an
environmental assessment.
The Deparhnent of Water Supply, County of Hawaii shall not make exemption declarations
when the cumulative impact of planned successive actions in the same place, over time, is
significant, or when an action that is normally insignificant in its impact on the environment
may be significant, in a particularly sensitive environment. Sensitive areas shall include, but
are not limited to historical, archaeological, and cultural sites, flood plains, wetlands, beaches,
coastal areas, erosion-prone areas, geologically hazardous land, critical habitats, and estuaries.
Exemption Class #1: Operations, repairs, or maintenance of existing structures, facilities, equipment,
or topographical features, involving negligible or no expansion or change of use beyond that
previously existing.
1. Structures
a. Repair and maintenance of storage tanks/reservoirs
b. Repair and maintenance of buildings (motor control buildings, office buildings,
maintenance buildings, dwellings, laboratory, etc.)
c. Repair and maintenance of retaining walls
d. Repair and maintenance of slope stabilization structures
e. Repair and maintenance of pipe supports
£ Repair and maintenance of fencing
g. Repair and maintenance of intake and collection boxes
h. Repair and maintenance of curbs, sidewalks and ramps
2. Facilities
a. Repair and maintenance of pipeline and appurtenances (water mains, service laterals,
meters, hydrants, valves, manholes, gauges)
b. Repair and maintenance of deep well and controls
c. Repair and maintenance of booster pump and controls
d. Repair and maintenance of chlorination and water treatment facilities/equipment
e. Repair and maintenance of pressure reducing stations
£ Repair and maintenance of roadway and pavement
g. Repair and maintenance of drainage facilities
h. Repair and maintenance of traffic control/safety facilities (signs, guardrails, striping,
pavement markers, etc.)
3. Equipment
a. Repair and maintenance of electrical equipment
b. Repair and maintenance of radio equipment
c. Repair and maintenance of air conditioning systems
d. Repair and maintenance of vehicles
e. Repair and maintenance of computer equipment
f. Repair and maintenance of telephone equipment
4. Topographical features
a. Maintenance of grounds by such means as mowing trimming and weeding
b. Control of plant growth and insects using pesticides and herbicides approved by the
State Department of Agriculture and the EPA in accordance with manufacturer's
instructions
c. Repairs due to natural and man-made incidents (rebuild eroded berms, clear fallen trees,
etc.)
Exemation Class #2: Replacement or reconstruction of existing structures and facilities where the
new structure will be located generally on the same site and will have substantially the same purpose,
capacity, density, height, and dimensions as the structure replaced.
1. Structures
a. Replacement or reconstruction of storage tanks/reservoirs to equal size or to meet
current demands, fire flow standards and other operational requirements with no
intention of providing additional storage for increased development
b. Replacement or reconstruction of buildings for no substantial change in use.
c. Replacement or reconstruction of retaining walls
d. Replacement or reconstruction of slope stabilization structures
e. Replacement or reconstruction of pipe supports
f Replacement or reconstruction of fencing
g. Replacement or reconstruction of intake and collection boxes
h. Replacement or reconstruction of curbs, sidewalks and ramps
2. Facilities
a. Replacement or reconstruction of pipeline and appurtenances (water mains, service
laterals, meters, hydrants, valves, manholes, gauges) to equal size or to meet current
demands, fire flow standards and other operational requirements with no intention of
providing additional storage for increased development
b. Replacement or reconstruction of deep well pump and controls to equal size or to meet
current demands, fire flow standards and other operational requirements with no
intention of providing additional storage for increased development
c. Replacement or reconstruction of booster pump and controls to equal size or to meet
current demands, fire flow standards and other operational requirements with no
intention of providing additional storage for increased development
d. Replacement or reconstruction of pressure reducing stations
e. Replacement or reconstruction of roadway and pavement
f Replacement or reconstruction of drainage facilities
g. Replacement or reconstruction of traffic control/safety facilities (ie., signs, guardrails,
striping, pavement markers)
Exemation Class #3: Construction and location of single, new, small facilities or structures and the
alteration and modification of the same and installation of new, small, equipment and facilities and the
alteration and modification of same, including, but not limited to:
(A) Single-family residences less than 3,500 square feet not in conjunction with the building of two
or more such units;
(B) Multi-unit structures designed for not more than four dwelling units if not in conjunction with
the building of two or more such structures;
(C) Stores, offices, and restaurants designed for total occupant load of twenty persons or less per
structure, if not in conjunction with the building of two or more such structures; and
(D) Water, sewage, electrical, gas, telephone, and other essential public utility services extensions
to serve such structures or facilities; accessory or appurtenant structures including garages,
carports, patios, swimming pools, and fences; and, acquisition of utility easements.
1. Structures (within existing property boundary, right-of--way, or easement)
a. Construction of new and/or alteration or modification of storage tank/reservoir and
appurtenances for purposes of improving water quality or to meet current demands, fire
flow standards and other operational requirements with no intention of providing
additional storage for increased development. New storage tank capacity not to exceed
100,000 gallons.
b. Construction of new and/or alteration or modification of control buildings
c. Construction of new and/or alteration or modification of carports
d. Construction of new and/or alteration or modification of offices
e. Construction of new and/or alteration or modification of retaining walls
£ Construction of new and/or alteration or modification of slope stabilization structures
g. Construction of new and/or alteration or modification of fencing
2. Facilities (within existing property boundary, right-of--way, or easement)
a. Construction of new pipeline and appurtenances (water mains, service laterals, meters,
hydrants, valves, manholes, gauges) for purposes of improving water quality or to meet
current fire flow standards with no intention of providing additional capacity for
increased development
b. Construction of new service laterals/connections
a Coustruction of temporary emergency water production, transmission, and distribution
facilities
d. Construction of temporary emergency access roads
e. Construction of new fire hydrants
f. Construction installation of filtration and water treatment equipment
g. Construction installation of telephone, telemetering, SCADA, electrical and computer
equipment and wiring
Exemation Class #4: Minor alterations in the conditions of land, water, or vegetation.
1. Vegetation trimming and planting
2. Incident clearing of land and preliminary site work for surveying, engineering design and
geologic and hydrologic studies
3. Landscaping and installation of sprinkler system
4. Minor alterations to land for which grading permits are not required
Exemption Class #5: Basic data collection, research, experimental management, and resource
evaluation activities which do not result in a serious or major disturbance to an environmental
resource.
I. Water sampling for water quality analysis purposes
2. Water main location studies
3. Leak detection data collection
4. Surveying work
5. Construction of monitoring well for data collection purposes as defined by the State
Commission on Water Resource Management
6. Soils investigation
7. Geologic/Hydrogeologic investigation
8. Fire flow tests
9. Energy studies, including hydrogenerator and alternative energy studies
Exemption Class #6: Construction or placement of minor structures accessory to existing facilities
(within existing property boundary, right-of--way, or easement).
1. Construction of small buildings or additions at existing facilities
2. Installation of SCADA equipment
3. Installation of exterior lighting designed to minimize impact to wildlife and aesthetics. Exterior
lighting will be 15 feet or less above ground level and be shielded to minimize fugitive light
4. Installation of security equipment
5. Installation of fuel tanks not to exceed 2,000 gallon capacity and appurtenances
6. Construction or placement of temporazy field buildings
7. Installation of air conditioning units
Exemption Class #7: Interior alterations involving things such as partitions, plumbing, and electrical
conveyances.
I. Partition installation, alteration, relocation, or removal
2. Plumbing installation, alteration, relocation, or removal
3. Electrical installation, alteration, relocation, or removal
4. Door installation, alteration, relocation, or removal
5. Window installation, alteration, relocation, or removal
6. Shelving installation, alteration, relocation, or removal
7. Furniture installation, alteration, relocation, or removal
8. Air conditioning installation, alteration, relocation, or removal
Exemption Class #8: Demolition of structures, except those structures located on any historic site as
designated in the national register or Hawaii register as provided for in the National Historic
Preservation Act of 1966, Public Law 89-665, 16 U.S.C. §470, as amended, chapter 6E, HRS, or
county-approved lists of historic sites.
1. Demolition of storage tanks/reservoirs
2. Demolition of buildings and structures
3. Demolition of retaining walls
4. Demolition of slope stabilization structures
5. Demolition of drainage facilities
6. Demolition of pipe supports
7. Demolition of fencing
8. Demolition of intake and collection boxes
9. Demolition of curbs, sidewalks and ramps
Exemption Class #9: Zoning variances except shoreline set-back variances.
1. Building set-back variances
Exemption Class #10: Continuing administrative activities including, but not limited to purchase of
supplies and personnel-related actions.
1. Purchases of supplies, services, and equipment required to support existing operations
2. Personnel-related actions
3. Subdivision and consolidation actions
4. Condemnation actions
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~°~'S
COMPREHENSIVE EXEMPTION LIST
for the
DEPARTMENT OF HEALTH
as approved by the
ENVIRONMENTAL QUALITY COMMISSION
August 15, 1983
Pursuant to EIS Regulation 1:33, the following types of
actions, where they fall within the given classes of
action, shall generally be ezempt from requirements
regarding preparation of an environmental assessment,
negative declaration, or EIS:
Exemption Class ~1: Operations, repairs or maintenance of
ezisting structures, facilities,
equipment or topographical features,
involving negligible or no ezpansion
or change of use beyond that
previously ezisting.
i. Building
2. Structure
3. Furniture
9. Equipment
5. Electrical system
6. Communications system
7. Plumbing system
8. Heating, ventilation, and air conditioning system
9. Drainage system
10. Waste treatment facility
11. Wall and fence
12. Walkway and bike path
13. Roadway
19. Parking lot
15.,Paved court
16. Sign
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a o~ s
17. Landscaping
18. Vehicle
Exemption Clase M2: Replacement or reconstruction of
existing structures and facilities
where the new structure will be
located generally on the same site
and will have substantially the same
purpose, capacity, density, height
and dimensions as the structure
replaced.
1. Furniture
2. Equipment
3. Electrical system
4. Communications system
5. Plumbing system
6. Heating, ventilation, and air conditioning system
7. Wall and fence
8. Sign
Exemption Class N3: Construction and location of a
single, new small facilities or
structures and the alteration and
modification of same and installation
of new, small, equipment and
facilities and the alteration and
modification of same including but
not limited to: (a) single family
residences not in conjunction with
the building of two (2) or more such
units; (b) multi-unit structures
designed for not more than four (9)
dwelling unite if not in conjunction
with the building of two (2) or more
such structures; (c) stores, offices
and restaurants designed for total
occupant load of twenty (20) persona
or less, ff not in conjunction with
the building of two (2) or more such
structures; (d) water, sewage,
electrical, gas, telephone, and other
essential public utility services
extensions to serve such structures
or facilities; and (e) accessory or
appurtenant structures including
garages, carports, patios, swimming
pools, and fences.
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1. Garage
2. Patio
3. Covered walk
9. Covered bus loading area
5. Hus shelter
6. Conveyor system
7. Stairway
8. Ramp
9. Any construction, alteration, modification, or
installation of any structure, facility, equipment, or
utility to meet governmental requirements given under
the Occupation Safety and Health Act, County Building
and Fire Codes, and Department of Health Regulations.
10. Window modification
11. Door modification
12. Szterior modification
13. Furniture
19. Equipment
15. Electrical system
16. Communications system
17. Plumbing system
18. Heating, ventilation, and air conditioning system
19. Sign
Exemution Class S5: Basic data collection, research,
ezperimental management, and resource
evaluation activities which do not
result in a serious or major
disturbance to an environmental
resource.
1. Topographic survey
2. Foundation survey
3. Drainage study
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4. Inventory
5. Building
6. Economic analysis
7. Environmental impact research
FYPmotion Class #b: Continuing administrative activities,
such as purchases for supplies and
personnel-related actions.
1. Equipment, vehicle, .and supply purchase
2. Personnel-related actions
w.=Pmvt~on Class #7: Construction or placement of minor
structures accessory to ezisting
facilities.
1. Portable buildings
2. Tool shed
3. Storage shed
4. Hath house
5. Trash bin area
6. Play equipment
7. Flagpole
8. Memorial structure
9. Pump house
10. Transformer building
11. Air conditioning enclosure
Fdxemprion Class #8: Interior alterations involving such
things as partitions, plumbing, and
electrical conveyances.
1. Roof system
2. Ceiling system
3. Floor system
4. Foundation system
5. Wall system
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6. Electrical system
7. Communications system
8. Plumbing system
9. Heating, ventilation, and air conditioning system
10. Conveyor system
11. Stairway
12. Built-in furnishing
13. Built-in equipment
F=emotion Class 1~9: Demolition of structures, ezcept
those structures located on any
historic site as designated in the
National Register or Hawaii Register
as provided for in the Historic
Preservation Act of 1966, Public
Law 89-665, or Chapter 6, Hawaii
Revised Statutes.
1. Building
2. Utility system
F.:emotion Class tll0: Zoning variances ezcept: use,
density, height, parking requirements
and shoreline setback variances.
Building set-backo
NOTE: As stipulated by EIS Regulation 1:33(b), all
eaemptions under this list are inapplicable when
the cumulative impact of planned successive
actions of the same type, in the same place, over
time, is significant, or when an action that is
normally insignificant in its impact on the
environment may be significant in a particularly
sensitive environment.
r
EXEMPTION UST FOR THE
STATE OF HAWAII, DEPARTMENT OF LAND AND NATURAL RESOURCES
AS REVIEWED AND CONCURRED UPON BY THE
ENVIRONMENTAL COUNCIL
(DOCKET 91-EX-21
DECEMBER 4, 1991
DOCKtT N0. al-~z
HISTORICAL NOTE
Aa a result of a review and concurrence proceeding (Docket 91-EX-2) conducted by the
Environmental Council on December 4,1991, this emended exemption list by the Department
of Land and Natural Resources supersedes the Department-wide list reviewed and concurted
upon by the Environmental Qualky Commission on January 19, 1976.
DEPARTMENT-WIDE EXEMPTION UST
Section 343-617) of the Hawaii Revised Statutes authorizes the EnvlrommeMel CouncN to
establish procedures whereby spsciftc types of actions, because they will probably have
minimal or no significant effects on the enviromment, are declared exempt from the
preparation of anenvironmantal assessment. Pursuant to the adminisVative Tulsa promulgated
under authority of section 343-6171 of the Hawaii Revised Statutes by the Ernironmentel
Council, specifically section 11-200-6(d) of the Hawaii Administrative Rules, Department of
Health (HAR), the Department of Land and Natural Resources, State of Hawaii, has
determined that the following types of actions, where they fall within the given classes of
action, shalt generally be exempt from raquirementa regarding the preparation of an
environmental assessment. The Errvirommentsl Council, after reviewing the Department's
request (through the State Historic Preservation Division) to amend the January 19, 1976
Department-wide exemption list, has concurred on this amended Department-wide exemption
list containing actions under exemption classes 1, 2, 4, 5, B, end B, on December 4, 1991.
EXEMPTION CLASS t
Operations, repairs or maintenance of existing structures, facilities, equipment, or
topographical features, invdving negligible or nc expansion or change of use beyond that
previously existing [HAR l11-200-B(a)(1)1.
1. Operetiona, repairs, or maintenance of existing signs, buoys, and markets
(January 19, 18761.
2. Operations, repairs or maintenance of existing fire tool catches, fuel breaks and
helispots (January 19, 1976).
3. Fire fighting (January 19, 1976).
EXEMPTION CLASS 2
Replacement or reconstruction of existing structure and facilities where the now structure will
be located generally on the same site and will have substantially the same purpose, capacity,
density, height and dimensions as the structure replaced [HAR S 11-200-6{a)(2)).
Exemption List for the State of Hawaii
Department of Land end Natural Resources
Environmental Council Docket 81-EX-2
December 4, 1891
Page 2 of 3
1. Replacement or reconstruction of existing signs, buoys, or markers [January
19, 19781.
2. Replacement a reconstruction of existing checking ststions Nanuary 19,
1976].
3. General actions involving the refiabilitationhestoration of existirg structures at
historic sites [December 4, 1981
EXEMPTION CLASS 4
Minor alteration in the conditions of land, water, or vegetation [HAA 511-200-8Ial14]].
1. Constnuction of walkways (but not forest treils] end installation of guard rails.
(January 19, 1876].
2. Removal of single, common place, unexceptional tree that endangers Gfe or
property [January 19, 19781.
3. Mowing, pruning, trimming (Jarwary 19, 1976].
EXEMPTION CLASS b
Basic data collection, research, experimental management, and resource evaluation activities
which do not result in a serious or major disturbance to an environmer?tal resource [HAR f
11-200-81a)15)1.
1. Installation end monitoring of climatology stations (January 19, 1978].
EXEMPTION CLASS 6
Construction or placement of minor structuros accessory to existing facilities [HAR
~ 11-200-81a116i1.
NOTE: Formerly exemption class 7 under the January 19, 1978 liar, the class number
was changed to 8 to conform with existing administrative rule [December 4, 1891
1. Placement of signs, buoys, or markers [January 19, 1978].
2. Construction of utility sheds (January 19, 19781.
Exemption List-far the State of Hawaii
Department of Land end Natural Resources
Environments) Council Docket 91-EX-2
December 4, 1991
Pegs 3 of 3
3. Placement of aerators fa increasing the dissdwd oxygen content far fish
populations in reservoirs, nurseries, ponds [January 19, 19781.
EXEMPTION CLASS 8
Demolkion of structures, except those structuros located on any historic sits as designsted
in the National Register ar Hawaii Register as provided for in tM National Historic Proservation
Act of 1968, Public Law 89-666, or Chapter 6E, Hawsii Revised Statutes [HAR
311-200-8Ia)1811.
NOTE: Formerly exemption class 9 under the January 19, 1978 Rst, the class number
was changed to 8 to conform with existing administrotiw rule. Legal citations were
also edited to conform to those cited in HAR 311-200-81a)18) [December 4, 19911.
i. Sealing of Isaky wells [Janusry 19, 1978).
NOTE
Pursuant to HAR l11-200-81b1, all exemptions undx the classes in this section are
inapplicable when the cumulstive impact of pNnnsd successive actions of tlw acme type, in
the ssme piste, owr time, is aipnificant, ar when an action that h normaNy Insignificant in its
impact on the environment may bs significant in a particularly senaitivs ernironment.
COMPREHENSIVE EXEMPTION LIST
FOR THE
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
AMENDED, NOVEMBER 15,2000
NOTE: The present list, reviewed and concurred in by the Environmental
Council Docket 92-EX-O1), State of Hawaii, amends and supersedes the December
16, 1992, exemption list for the Department of Transportation.
Pursuant to Section 11-200-6 (a), Hawaii Administrative Rules, the following
types of actions, where they fall within the given classes of action, shall
generally be exempt from requirements regarding the preparation of an
environmental assessment.
EXEMPTION CLASS l: Operations, repairs or maintenance of existing structures,
facilities, equipment or topographical features, involving negligible or no
expansion or change of use beyond that previously existing.
A. STRUCTURES
1. Buildings: repainting, reroofing, and repairs to and
maintenance of furnishings, framework, walls, roof sheathing, flooring, floor
coverage, windows, doors, electrical, plumbing, and communication systems,
elevators, escalators, conveyors, heating/ventilation/air conditioning units,
pedestrian bridges and underpasses.
2. Termite and pest control treatment using Environmental
Protection Agency and State Department of Agriculture approved pesticides under
the supervision o£ certified applicators.
3. Repairing and maintaining protective walls damaged by aircraft
blast.
9. Grooving of existing concrete pavements, bridge decks,
taxiways and runways to improve skid resistance and safety.
5. Cleaning, chipping, painting, patching of damaged concrete and
replacement of structural members to existing roadway structures, including
tunnels and parking structures.
6. Modification required to existing buildings and equipment to
meet new codes and regulations, i.e., Occupational Safety & Health
Administration, building, fire, security, Federal Aviation Administration,
accessibility for the handicapped, environmental compliance, etc.
7. Repairs and modifications to sewage and water pumping stations
and treatment facilities to maintain established codes and standards provided
that modifications that expand the capacity or geographical service area of
existing facilities shall not be exempt.
B. FACILITIES
1 Resurfacing, sealing, and/or repairing of roadways, roadway
shoulders, parking areas, taxiways, runways, walkways, bikeways and harbor
storage and container areas.
2. Repair or replacement of fender systems, utilities, manholes,
air and water navigational aids, and pipelines, excluding underwater pipelines.
3. Repairs or improvements to hatch frames and covers,
residences, loading docks and mooring facilities.
4. Repairs to rockwalls, curbings, perimeter seawalls, groins,
dikes, breakwaters, loading docks, and storm drains.
5. Temporary parking on highway remnant properties.
6. Temporary storage of construction equipment and materials on
highway remnant properties.
C. EQOIPMENT
1. Repair and maintenance of automobiles, trucks, maintenance
and construction equipment used by the department in the performance of duty.
2. Repair and maintenance of machinery such as tools, mowers,
pumps, generators, etc.
D. TOPOGRAPHICAL FEATURES
1. Planting, trimming, mowing, and irrigating State Department
of Transportation airport, harbor, and highway areas.
2. Clearing and grading, for which grading permits are not
required, to maintain safety and security standards for aircraft and vehicular
traffic.
3. Clearing of swales and drainage conduits to maintain existing
flow characteristics.
9. Clearing of shoreline areas of debris or other objectionable
material such as oil and derelict craft.
5. Requests to the Department of Land and Natural Resources or
General Services Administration for setting aside of State lands to the
Department of Transportation.
6. Requests to the Department of Land and Natural Resources for
transfer of State lands by Governor's Executive Order between the Department of
Transportation and other State agencies.
7. Subdivision of lot (s) not previously subdivided into highway
parcel (s) and highway remnant (s).
8. Subdivision of portion of highway due to encroachment or
determined surplus.
9. Consolidation of residential-zoned highway remnant parcels
into one lot (residential).
10. Leases of property for continuing aeronautical uses or
complementary airport purposes.
EXEMPTION CLASS 2: Replacement or reconstruction of existing structures and
facilities where the new structure will be located, generally on the same site,
and will have substantially the same purpose, capacity, density, height and
dimensions as the structure replaced.
A. STRUCTURES
1. Repair or replacement of frames, sidings, floors, fixtures,
windows, fire protection system, roofing, roll-up doors, cattle holding pens,
and minor renovations/additions/modifications not exceeding 20 percent of the
floor area.
2. Replacement of existing protective structures such as walls
and fences to retain necessary security to protect property or ensure public
safety.
3. Replacement of bollards.
4. Replacement or reconstruction of highway structures when
flood or other natural phenomena causes complete collapse or serious damage to
the structures which render them unsafe for traffic use.
5. Replacement or repair of existing deteriorated and/or damaged
structures to their original/better condition within areas under the juridiction
of the Department of Transportation such as piers, mooring buoys, single story
office buildings, warehouses, sheds, comfort stations, and shelters.
B. FACILITIES
1. Upgrade or replace existing roadways, bike paths and bike
lanes, road intersections, roadway markings and striping, roadway shoulders and
curves, walkways, airfield pavements, and air and water navigational aide to
meet acceptable safety standards.
2. Upgrade or replace utility and drainage systems to maintain a
consistent level of service. Drainage improvements will generally consist of
installation of pipe culverts, construction of gutters where minor flooding
occurs.
3 Replacement of vehicles and machinery in accordance with the
Department of Accounting and General Services directives.
9. Reconstruction of an existing highway for safety purposes by
widening less than one lane width, adding shoulders, and adding auxiliary lanes
for localized purposes (passing, deceleration for turns, etc.) and correcting
substandard curves and intersections.
5. Reconstruction of existing crossroads or railroad crossings or
separations and existing stream crossings, except bridges.
6. Temporary replacement of a highway facility which is commenced
immediately after the occurrence of a natural disaster or catastrophic failure
to restore the highway for the health, welfare, and safety of the public.
7. Restriping of existing roadways to provide an additional lane
for use of car pools and buses during peak hours.
8. Providing a contra-flow fox car pools and buses during peak
hours by coning the opposite direction of travel.
9. Upgrading and/or replacement of fuel lines and fuel tanks in
areas under the jurisdiction of the State Department of Transportation including
the installation of above-ground, dual walled, fire-rated fuel tanks whose total
capacity does not exceed existing capacity.
10. Closure and/or metering of highway ramps for safety purposes
ox for the improvement of traffic flow along a major highway.
11. Reconstruction of highway shoulders and installation of
emergency bays for the transporting of vehicular traffic during peak hours.
These highway improvements, if needed to mitigate the traffic impacts of an
adjacent development project, should not be exempt and should be included and
discussed in the development project's environmental documents.
EXEMPTION CLASS 3: Construction and location of single, new, small facilities
or structures and the alteration and modification of same and installation of
new, small, equipment and facilities and the alteration and modification of same
including, but not limited to:
(a) Single family residences not in conjunction with the building of two
or more such units;
(b) Multi-unit structures designed for not more than four dwelling units
if not in conjunction with the building of two or more such structures;
(c) Stores, offices and restaurants designed for total occupant load of
twenty persons ox less, if not in conjunction with the building of two or more
such structures;
(d) Water, sewage, electrical, gas, telephone and other essential public
utility services extensions to serve such structures or facilities; and
(e) Accessory or appurtenant structures including garages, carports,
patios, swimming pools and fences.
1. Construct appropriate structures not exceeding 1,000 square feet
on the Department of Transportation property and modify/alter the Department of
Transportation buildings to house utility or sprinkler system components such as
pumps, transformers, etc.
2. Construct/modify/alter carports, personnel (bus type) shelters, and
specialty storage facilities such as paint sheds and structures not
exceeding 1,000 square feet on the Department of Transportation property.
3. Installation of security and safety equipment.
9. Alterations to existing buildings such as schools, libraries,
etc., to provide for noise attenuation such as the installation of louvers,
acoustic filters or air conditioning.
5. Construction of facilities to accommodate the elderly or
handicapped persons.
6. Installation and removal of sprinkler systems.
7. Otility service connection and installation along and across
State highway or roads, and in airports and harbors.
EXEMPTION CLASS 4: Minor alteration in the conditions of land, water, or
vegetation.
1. Minor ground adjustments which do not require grading permits
for the purpose of eliminating hazards to vehicular traffic and aircraft
operations or to compromise air navigational aids.
2. Landscaping: trimming and/or transplanting of trees; sodding
of bare areas for dust and erosion control.
3 Paving of shoulder areas within existing highway rights-of-way
for driveways and subdivision street connections. These shoulder pavings will
provide vehicular access to the highway pavement lanes from the adjacent common
property line for residential and commercial driveways and subdivision street
connections. These actions will not alter the character of the highway
facility.
4. Landscaping limited to installation of underground sprinkler
or drip irrigation system and planting of groundcover, shrubs, and trees
involving minimum or no grading on property under the jurisdiction of the
Department of Transportation.
5 Paving of previously graded parking and storage yard areas
under the control of the Department of Transportation.
EXEMPTION CLASS 5: Basic data collection, research, experimental management,
and resource evaluation activities which do not result in a serious or major
disturbance to an environmental resource.
1. Conduct topographic, sounding, wave, littoral transport and
location surveys.
2. Conduct foundation surveys.
3. Conduct traffic surveys (including transit patronage surveys).
9. Conduct graves surveys.
5. Conduct noise monitoring surveys.
6. Conduct drainage studies.
7. Conduct inventories.
8. Conduct building evaluations.
9. Conduct economical analyses (master planning updates).
10. Conduct archaeological surveys, excluding excavation.
11. Conduct air quality surveys.
12. Conduct ecological surveys for which no permit is required.
13. Conduct water quality surveys.
14. Conduct ridesharing demonstrations.
15. Conduct subsurface investigations (borings) provided cultural
remains are not disturbed.
EXEMPTION CLASS 6: Construction or placement of minor structures accessory to
existing facilities.
1. Installation of flare screens, safety barriers, guard rails,
energy attenuators and other appurtenances designed to protect the motoring
public.
2. Installation of traffic signals, pavement marks, and striping for
traffic safety and control.
3. Installation of directional, informational, and regulatory
signs.
4. Installation of light standards.
5. Installation of screens around trash bin areas and for noise
control.
6. Installation of reefer outlets.
7. Procure and install works of art.
8. Alteration or addition of improvements with associated
utilities, which axe incidental to existing harbor and boat ramp operations, in
accordance with master plans that have met the requirements of Chapter 393,
Hawaii Revised Statutes. Such improvements and associated utilities include
concessions, comfort stations, pavilions, paving, rockwalls, fencings, walkways,
loading docks, warehouses, piers, offices, container freight stations, cranes,
fuel lines, lighting, sprinkler and drainage systems.
9. Construction of bus shelters, telephone booths and sidewalks.
10 Striping of existing paved roadways or paved shoulders to
create a bikelane when no additional construction is required.
EXEMPTION CLASS 7: Interior alterations involving things such as partitions,
plumbing, and electrical conveyances.
1 Installation of office partitions and electrical outlets as
required.
2. Expand utilities as need dictates in existing structures.
3. Maintaining of existing utilities.
EXEMPTION CLASS B: Demolition of structures, except those structures located on
any historic site as designated in the National Register or Hawaii Register as
provided for in the National Historic Preservation Act of 1966, Public Law 89-
665, or Chapter 6E, Hawaii Revised Statutes.
1. Demolition of existing structures under Department of
Transportation jurisdiction except seawalls and other coastal structures and
those structures located on any historic site as designated in the National
Historic Preservation Act of 1966, Public Law 89-655, or Chapter 6E, Hawaii
Revised Statutes.
EXEMPTION CLASS 9: Zoning variances except: use, density, height, parking
requirements and shoreline setback variances.
None.
NOTE: Pursuant to Section 11-200-8 (b), Hawaii Administrative Rules, all
exemptions under this list are inapplicable when the cumulative impact of
planned successive actions of the same type, in the same place, over time, is
significant, or when an action that is normally insignificant in its impact on
the environment maybe significant in a particularly sensitive environment.
EXEMPTION UST FOR THE
CITY AND COUNTY OF HONOLULU, DEPARTMENT OF PUBLIC WORKS
AS REVIEW AND CONCURRED UPON 8Y THE ENVIRONMENTAL COUNCIL
(DOCKET 91-EX-41
FEBRUARY 18, 1992
HISTORICAL NOTE
The present amended exemption list for the Department of Public Works, City end
County of Honolulu, was roviewed and concurred upon by the Environmental Council on
February 19, 1892. The Get also supersedes the Department-wide pet last rovkwed and
concurred upon by the Environmental CouncG on December 4, 1881.
DEPARTMENT-WIDE EXEMPTION UST
Section 343-817) of the Hawaii Revised Statutes aud+orizss the EnvironmanW Council
to establish procedures whereby spsdilc types of actions, becatue they w~ p?obabh
have minimal or no significant effects on the environment, aro declared exempt from the
preparation of an environmental assessment. Pursuant to the administroUve rules
promulgated under authority of section 343-8171 of the Hawaii Rsvissd Statutes by the
Environmental Council, specifically section 11.200.81d1 of the Hawaii Administrative
Rules, Department of Health (HART; the Department of Public Works, City and County
of Honolulu, has determined that the following types of actions, when they fag wkhin
the given classes of aMion, shall generally ba exempt from the proparation of an
environmental assessment.
EXEMPTION CLASS 1
Operations, repairs or maintenance of existing structures, facilities, equipment or
topographical features, involving negligible or no expansion or change of use beyond that
proviously existing [HAR f11-200-81x11111.
1. Abandoned vehicle pickup (August 18, 19751.
2. Building eMerior painting (August 18, 19751.
3. Building exterior repair (August 18, 19751.
4. Cesspool pumping [August 18, 19751.
5. Chemical control of vector !August 18, 18751.
6. Incinerator repair and matntenancs [August 18, 18751.
7. Utter container pickup !August 18, 19751.
8. Manhole and junction boxes cover adjustment (August 18, 19751.
9. Parking lot cleaning (August 18, 1875!.
10. Pavement resurfacing and striping (August 18, 18761.
11. Refuse collection schedule changes !August 18, 19751.
12. Reroofing {August 18, 19751.
13. Roadside maintenance [August f 8, 1975).
14. $aniUry sewer cleaning [August 18, 18751.
15. Sanitary sewers teak seefinp (August 18, 1875: Gated as 'sanitary
sewers leak sealing by chemical grouting'; modified August 15, 1980 by
deleting the words 'by chemical grouting.'1. .
18. Street repair. and cleaning [August 18, 187b; renumbered
Exemption List for the City and County of
Honolulu, Department of Public Works
Environmental Coundl Docket 91-EX-4
February 19, 7992
Paps 2 of 8
December 4, 19911.
17. Storm drain cleanlnp [August 18, 1976; renumbered
December 4, 19811.
18. Vehicle repair, testing, and maintenance lAllgUSt 18, 1875; ronumbered
December 4, 19871.
19. Wilson Tunnel repair and claming [August 18, 1975; rerwmbared
December 4, 19911.
20. Vegetation clearing from stream. Work under this exemption would be
performed by the Division of Road Maintenance on Improved end
unimproved drainage ditches, swaks, and streams under the
dapartmenYs Jurisdiction. Work would involve removing and cutting of
debris, brush, grass (predominantly California and honohono grossest,
and occaalonal koa tress up to three inchsa in diameter to restore
channel capacity. The equipment to be used by the work crew of about
six men consists of sickles, cane knives, and a power saw if uses are to
be cut. A loader of a crane truck would bs used to haul the vegetaton
and debris to s sanitary landfdt. The herbidds Dowport, which hss heart
approved by the Department of Health, would be sprayed on the earth
embankment after the cutting has bean completed. The herbicide
Roundup would bs applied routinely to banal of aueama, goals, and
ditches and to waterways when dry to control overgrowth. No direct
application to any body of water will bs made. The herbicide DIquK 2
will be used for weed control when direct application to water in
streams, canals, and ditches is unawidabla. Diquat 2 wiq be applied by
or under the supervision of a csrtffied applicator in accordance with
Hawaii Administrative Rule, Chapter 68 of Tide 4. TM herbidde Rodeo
will be applied to fresh or brackish bodies of water directly. Atl
herbicides will be used under the following condhions:
a. Label instructions will be strictly adhered to;
b. Dosage for Dowpon will bs approximately 15-30 Iba. per
acre or as prescribed by the label; and
c. All herbicides will not be used in Kshana Stream,
Punaluu Stream, or Kaluanui Stream.
Soil disturbance would be minimal, N any, and ap work would bs
confined within the right-of-wsy [December 15, 1875: renumbered
December 4, 19911.
21. Actions necessary for wmpliancs with OSHA requiremeaa
[June 21, 1978; renumbered December 4, 1991[.
NOTE: At the December 4, 1991 review and rnncurrence proceeding
(Environmental Council Docket 81-EX-31, the Environmental
Council concured on the addition of the action below litem 221
to the Iiat under exemption class 1 with concurrent uanafer of
items under exemption class 8 in the August 15, 1990 tint
Exemption Li:t for the Chy end County of
Honolulu, Depattment of Public Works
Environmental Council Docket 91•EX•4
February 19, 1992
Page 3 of 8
relating to lend or topogrephic features. An examinatlon of
actions found in the August 1 b, 1890 list under tM exemption
class 8 therein deacribsd rssuhed in the transfer of ham 8 to the
present list as hem 23, exemption class 1. The remaining actions
have been grouped and categorized as 'EXEMPTION CLASS 8
UNDER THE ENVIRONMENTAL QUALITY COMMISSION
ENVIRONMENTAL IMPACT STATEMENT REGULATIONS OF
JUNE 2, 1975' sine they cannot currently be placed under
existing adminiatrativs clasasa of action. Pleese refer also to 1M
note under EXEMPTION CLASS 8 of this get {December 4,
19811.
22. Acqutaition of land presently utilized as maiMenana accsasways, by
easement or deed, for the purpose of stream cleaning
(December 4, 18911.
23. Disposal of remnant parcels outside of the City and County right-of-way.
a. Paroellsl not greater than 6,000 square test for roadway
improvement projects.
b. Percal(e) not greater than 18,000 square feet for stream
improvement projects. (June 21, 1978; tranaferced to exemption
clan 1 on December 4, 19911.
24. Removing litter, debris and accumulated boulders from canals, streams
and dsbria/cstehment structuros where such removal w~ not haw an
adverse impart on downstream waters, bays, or the environment. This
exemption shaA not include the removal of sih or sediment.
[February 19, 19921.
EXEMPTION CLASS 2
Replacement or reconstruction of existing structures and fadlities where the now
sVUCture will be located generelly on the same site and will have substanWgy the same
purpose, capacity, density, height and dimensions as the atrueturs replaced (HAR
611.200-81a1 (211.
1. Berms, replacement and repair (August 18, 19751.
2. Bridge repair {August 18, 18751.
3. Building modification Ino change in use) (August 18, 19751.
4. Drainage structure replacement and repair [August 18, 19751.
5. Driveway replacement (August 18, 19761.
8. Equipment replacement fAupust 18, 19751.
7. Exterior door replacement [August 18, 19751.
8. Footbridge replacement and repair fAupust 18, 18751.
9. Guard rail replacement and repair (August 18, 19751.
10. Sanitary sewer line replacement and repair (August 18, 19751.
Exemption List for the City and County of
Mondulu, Dspsrtment of Publk Works
Environmental Council Docket 91-EX-4
February 18, 1892
Pape 4 of 8
11. Suesm retaining wag roplscement and ropair (August 18, 187b1.
12. Storm drein gne replacement end repair !August 18, 18761.
13. Telemsterinp equipment replacement and repair !August 18, 19751.
14. Fuel tank replacement (August 18, 1878; modified August 15, 19901.
EXEMPTION CLASS 3
Construction and location of single, new, small facillUss or structures and the shereUon
and modification of same and installation of new, small, squipmeM and tadgties and U»
alteration and modification o} ,same including but not limited to: IAI single family
residences not in conjunction whh Ma building of two or more such urdts;181 mdtl-unit
structures designed for not more than tour dwelgng units if not in conjunction with the
building of two or more such structures; ICI stoma, offices and resquronfs designed for
total occupant load of twenty persons or less, if not in Conjunction with the building of
two or more such structures; ID)watsr, sewage, electrical, gas, telephone, and other
essential public utility services extensions to serve such structures or faagties; and IE1
sccessory or appurtenant structures including garegea, carports, Datios, swimming pods,
and fences IHAR i 11.200.81x1(311.
1. Air conditioning and ventilation InsallaUon (August 18, 19751.
2. Carports [August 18, 19751.
3. EmergeneY elecuk generator installation in existing aewags pump station
[August 18, 197b1.
4. Equipment installatbn in existing bugdinps !August 18, 18751.
5. Existing storm drain sxtenaton (August t8, 19751.
8. Expansion of existing pump station and foreemain to master planned
capacity IaddiUonai pumping equipment, pipe and appurtenances)
[August 18, 19751.
7. Fencing (August 18, 19751.
8. Field office !August 18, 18761.
9. Guard roil (August 1 B, 19751.
10. Minor modifcaton of Mcinerator [August 18, 18751.
11. Minor local sewage pump atetbn !August 18, 19751.
12. Minor local storm runoff pump station (August 18, 78751.
13. Modification, required to conform to Federal, State and Loci RegulsUons
or codes IAUOUat 18, 19751.
14. Loading areas (August 18, 18751.
15. Sower improvement district (August 18, 18751.
18. Sidewalk and covered walkway (August 18, 18761..
17. Storm drain tine modification (August 18, 19751.
18. Utility connection (electric, gas, water) [August 18, 18751.
19. Street improvement (Ordinance No. 24121 (August 18, 19761.
20. window modifcation [August 18, 18751.
Exemptkn List for the City and County of
Honolulu, Oepartmsm of Publk Works
Environmental Council Docket 81•EX-4
February 19, 1992
Pape 5 of 8
21. Sewer service installation, including:
a. the construction of a sews lateral from an existing sews main
located in an easement ar street right-of-waY to the >
property line of uhaewersd Iota;
b. the extension of an existing aawsr main together with a lateral
to serve unsewsrsd lots;
t. the construction of additional laterola or the replacement of
exist&p Isterals to accommodate other ub'IitY lines or to fad9tate
connections from house aawsr on the premise to laterals
(November 10, 1875; modified August 15, 1980 by dekdn0
phrase 'to a total length of 150 fssP after 'Sewer servke
installation'].
22. Sewer lateral extension, involving the extension of sn existing laterol to
s new property line for road improvement projects or for existing laterals
that were inadvertently instatled short of the property line (November 10,
19751.
23. Minor street widening and improvements within existing City and County
street riphtwf-way (Nowmbsr 10, 18751.
24. Cathodic protection of pipegnes and equipment (August 15, 18901.
25. Sewer manhole with or without Controls apron to actommodats pumper
trucks (septage receiving station) [August 15, 19901.
EXEMPTION CLASS 4
Minor alteration in the conditions of land, water, or vegetation (HAR f11-200-81ai1411.
1. Berm (August 18, 19751.
2. Chemical control of vegetation (August 18, 19751.
3. Drainage ditch [August 18, 19761.
4. Footpath (August 18, 19751.
5. Ground improvements (August 18, 19751.
6. Landscaping and sprinkler sysum (AUOust 18, 18751.
7. Seepage drain [August 18, 19751.
8. Shoulder (August 18,.19751.
9. Bikepath in existing City end County rightrof•way [Nowmbsr 10, 19751.
EXEMPTION CLASS 5
Basic data collection, research, experimental management, and resource evaluation
activities which do not result in a serious or major disturbance to an environmental
resource (HAR f 11-200-81a1151I.
• 1. Bioassay AAugust 18, 197b1. •
2. Biological and ecological study and survey (August 18, 19751.
Exemption List fa the Chy and County of
Honolulu, Department of Public Works
Environmental Council Docket 81-EX-4
February 19, 1982
Pepe 8 of 8
3. Chemical and becteridoglcei laboratory analysis (August 18, 1976].
4. ColNorm barnria decay rats IAugust 18, 18751.
6. Fish survey [August t8, 18751:
6. Fresh and uUne water wmpUnp [August 18, 18761.
7. Induatriai waste sampling and analysis fAupust 18, 19761.
B. Monitoring devks installation IAuguat 18, 18751.
9. Oesanogrophk survey IAupust 18, 19761.
10. Receiving of waUr monitoring program [August 18, 1875; modfied
February 29, 1884 from 'receiving waters monitoring program'(.
11. Recycling of wastewater study (August 18, 19761.
12. Sedimem study and survey IAugust 18, 19751.
13. Storm water runoff sampling and analysis [August 18, 1875].
14. Stream study and survey [August t8, 1876].
16. Subsurface exploration soil boring (August 18, 187b1.
18. Virus study and aurwy [August 18, 19751.
EXEMPTION CLASS 8 UNDER THE ENVIRONMENTAL OUAIJTY
COMMISSION ENVIRONMENTAL IMPACT STATEMENT
REGULATIONS (JUNE 2, 1976)
Continuing administrative activities, such as purchases for supplies and personnel-rolated
acdona.
NOTE: This doss of action no longer exists under current administratiw
rule. In 1885, the statutory dsfinitbn of 'aedon' found in
section 343.2 of the HawaU Reviasd Statutes was further
qualified in the administratvs rules (section 11.200-2, HawsU
Administrative Ruka, Department of Heahhl to exdude
administrative activitlea. Concurrent with the administrative
qualNieetion of the satutory definition, exemption doss 6
(continuing administrative activities, such ss purduaes for
supplies end personnel-related actions; see the Environmamel
Quality Commission Environmental Impact Statement Regulations
promulgated Juns 2, 187b1 was abogahed and the remaining
exempt classes were renumbered. These actions era indudsd
for legal purposes sines the section 343-2 of the kawaii Revised
Statutes defines 'action" to moan 'any program or proleet to bs
initiated by any agency or applicant.'
1. Actions necessary for compliance with OSHA roquiromsnts
[August 18, 19761.
2. Purchase of supplies (August 18, 1975; raliated June 21, 1978 u
duplicate listing number 4; duplicate listing number 4 deleted
pecember 4, 19911.
Exemption List for the City and County of
Honolulu, Department of Public Works
Environmental Council Oodat 91•EX-4
F~bnury 19, 1992
Pape 7 of 8
3. Personnel•rsisted action (August 18, 1878; misted Juns 21, 1978 as
dup8cab listing number 5; duplkate listing number 5 deleted
Dsesmbu 4, 18811.
EXEMPTION CLASS 8
Construction or placement of minor atructtxes sccesaory to existing he8itles [MAR
1. Exterior lighting (August 18, 197b; transferred from exemption loss 7,
December 4, 19811.
2. PortsbN building (August 18, 197b; transfansd from exemption loss 7,
December 4, 1891
3. Underground fuel tank end dispenser (August 18,187b; transferred from
exemption cisaa 7, December 4, 19911.
EXEMPTION CLASS 7
Interbr alterations involving things such es partitions, plumbing, and elsctrtcal
conveyances [HAR 111-200-8(x1(711.
1. Partition [August 18, 1875; transferred from exemption loss 8,
December 4, 19911.
2. Plumbing [August 18, 1875; transferred from exerption class 8,
December 4, 18911.
3. Eiectrieal (August 18, 1978; uanafsrred from exemption class 8,
December 4, 19911.
4. Door (August 18, 1875; uanstured from exemption class 8,
December 4, 18811.
5. Window (August 18, 1975; usnsferred from exemption loss 8,
December 4, 19911.
EXEMPTION CLASS 8
Demolition of structures, except those suuctures located on sny historic sih as
designated in the National Register or Hawaii Register as provided for In the National
Historic PrsservaUon AM of 1968, Publk Law 88-865, or Chapter 8E, Hawaii Revised .
Statutes [HAR i11-200-BIa118q.
1. Architectural features removal (August 18, 1975; uansfsrrod from
exemption class 8, December 4, 19811.
2. Demolition of sanitary sewer and storm dram and their appurtenances
(August 18, 1876; transferred from exemption class 8, December 4,
19911.
a
Exemption List for the City and County of
Honolulu, Oapartment of Public Works
Environmental Council pocket 91-EX•4
February 19, 1992
Pepe 8 of 8
3. Demoltion .of abandoned whkla [August 18, 1875; transferred from
exemption cuss 8, December 4, 18811.
4. Demoliton of street improvements prior to street widening or adjustment
(August 18, 1875, transferred from exemption class 8, December 4,
18911.
5. Demolition of abandoned buildirq and strtwtiwe (August 18, 1976;
transferred from exemption class 8, December 4, 18811.
8. OemoBtlon of Wastewater Treatment Fsdpties (August 15, 1880;
transferred from exemption does 8, December 4, 18811.
EXEMPTION CLASS 8
2oninp vsrianca except: use, density, height, parking repuinmems end shore0ne
setback variances IHAR 111-200•Slall911.
1. 8ulidinp set-bade [August 18, 1875; trsnsfemd from exemption ciao
10, pecember 4, 19911.
NOTE
Pursuant to HAR 111.200-81b1, aN exemptions under the dosses in this sscdon an
inapp8cabls when the cumulative knpact Cf planned sueceasiw actions of the acme
type, in the same place, over time, is significant, or when sn action that Is normauy
insipnifieant in its impact on the environment maybe sipniticant in a particularly pnsitive
environment.
Comprehensive Exemption List
Environmental Health Administration, Department of Health
Accepted by the Environmental Council March 12th, 2003
According to section 11-200-8, Hawaii Administrative Rules, the Environmental Health
Administration may declare exempt the following types of actions from the requirement to
prepare an environmental assessment.
EHA shall not make exemption declarations when the cumulative impact of planned successive
actions in the same place, over time, is significant, or when an action that is normally
insignificant in its impact on the environment may be significant in a particularly sensitive
environment. Sensitive areas include, but are not limited to, historical, archaeological, and
cultural sites, flood plains, wetlands, beaches, coastal aeeas, erosion-prone areas, geologically
hazardous land, critical habitats, and estuaries.
Exemption Class # (1): Operations, repairs, or maintenance of existing structures, facilities,
equipment, or topographical features, involving negligible or no expansion or change of use
beyond that previously existing.
1. Building
2. Structure
3. Equipment
4. Heating, ventilation, and air conditioning system
5. Drainage system
6. Waste treatment facility
7. Sign
8. Landscaping
9. Vehicle
Exemption Class # (21: Replacement or reconstruction of existing structures and facilities where
the new structure will be located generally on the same site and will have substantially the same
purpose, capacity, density, height, and dimensions as the structure replaced.
1. Equipment
2. Heating, ventilation, and air conditioning system
3. Sign
Exemption Class # (3): Construction and location of single, new, small facilities or structures
and the alteration and modification of the same and installation of new, small, equipment and
facilities and the alteration and modification of same, including, but not limited to:
(A) Single-family residences less than 3,500 square feet not in conjunction with the
building of two or more such units;
Page 2 of 3
(B) Multi-unit structures designed for not more than four dwelling units if not in
conjunction with the building of two or more such structures;
(C) Stores, offices, and restaurants designed for total occupant load of twenty
persons or less per structure, if not in conjunction with the building of two or
more such structures; and
(D) Water, sewage, electrical, gas, telephone, and other essential public utility
services extensions to serve such structures or facilities; accessory or appurtenant
structures including garages, carports, patios, swimming pools, and fences; and,
acquisition of utility easements.
1. Any construction, alteration, modification, or installation of any structure, facility,
equipment, or utility to meet governmental requirements given under the Occupation
Safety and Health Act, County Building and Fire Codes, and Department of Health
Statutes and Administrative Rules.
2. Equipment
3. Heating, ventilation, and air conditioning system
4. Sign
Exemption Class # (5): Basic data collection, research, experimental management, and resource
evaluation activities which do not result in a serious or major disturbance to an environmental
resource.
1. Topographic survey
2. Drainage study
3. Economic analysis
4. Environmental impact research
5. Polluted runoff demonstration projects/grants to other government agencies and non-
profit groups.
6. Water quality studies of streams, estuaries and nearshore coastal areas
7. Installation, operation and maintenance of air quality, water quality and
meteorological monitoring stations
S. Intermittent use of a small smoke generator in conjunction with air pollution control
training (Visual Emissions Certification Class).
9. Public Water System Water Quality Data Collection
10. Ground Water Quality Data Collection
11. Underground Injection Control Water Quality Data Collection
Exemption Class # (6): Construction or placement of minor structures accessory to existing
facilities.
Page 3 of 3
1. Portable buildings
2. Tool shed
3. Storage shed
4. Pump house
5. Transformer building
6. Air conditioning enclosure
Exemption Class # (10): Continuing administrative activities including, but not limited to
purchase of supplies and personnel-related actions.
1. Equipment, vehicle, and supply purchases
2. Personnel-related actions
3. Program administrative requirements, as set forth in Department of Health Statutes
and Administrative Rules, including but not limited to the following Department of
Health permits:
_ Agricultural burning permit
_ Covered stationary source air permit
_ Noncovered stationary source air permit
_ National Pollutant Dischazge Elimination System permit
_ Water Quality Certification
_ Underground Injection Control Permit
_ Solid Waste Disposal Facilitates permit
_ Solid Waste Storage, Handling and Processing Facilities permit
_ Special Wastes permit
_ Permit by rule -recycling convenience centers, composting
facilities, clearing and grubbing landfills, and certain other small-
volume solid waste facilities
_ Treatment, Storage and Disposal of Hazardous Wastes permit
_ Food Establishment permit
_ Shellfish permit
_ Community Noise permit
_ Air Conditioning and Ventilation permit
_ Notification of renovation and demolition -asbestos removal permit
_ Swimming Pools permit
_ Mortuaries & Cemeteries permit
_ Interstate Milk Shippers certification
_ Tattoo Shops permit
COMPREHENSIVE EXEMPTION LIST
FOR THE DIVISION OF FORESTRY AND WILDLIFE
AS CONCURRED BY THE
ENVIRONMENTAL COUNCIL, STATE OF HAWAII
March 22, 2000
Pursuant to Section 11-200-8(b), Hawaii Administrative Rules, the following types of
action shall generally be exempt by the Division of Forestry and Wildlife, State of Hawaii
Department of Land and Natural Resources, from requirements to prepare an environmental
assessment.
EXEMPTION CLASS # 1: Operations, repairs or maintenance of existing facilities,
equipment or topographical features, involving negligible or no
expansion or change of use beyond that previously existed.
(1) Trail maintenance on DOFAW Program areas', using hand tools and small motorized
equipment such as chain saws and weedeaters ;involves clearing spaces 4 feet wide and
10 feet high from grade on existing trails.
(2) Repair and maintenance of existing roads (paved, unpaved, dirt, cinder and gravel),
concrete fords, cattle guards, gates and wash-out ditches in DOFAW program areas;
involves grading, patching, and resurfacing roads; removing encroaching vegetation; and
cleaning or repairing ditches, fords and culverts by hand.
(3) Repair and maintenance of existing DOFAW program area fences; includes boundary,
enclosure, and exclosure fences, wildlife water units, checking stations, water pumps,
nesting areas, aviaries and yards.
(4) Repair and maintenance of existing signs in DOFA W program areas; includes fire
prevention, instructional, regulatory, enforcement, safety, boundary, location, and
toxicant or plant and animal control signs.
(5) Repair and maintenance of existing cabins, resident workers' quarters, warehouse
workshops, mobile camping structures, weather stations, checking stations (single room
structures with porches or small boxes on legs) for hunters, hikers, and campers; meat
safes, viewing kiosks and platforms, wildlife observation towers, sanitary facilities, trail
shelters, equipment shelters, fire equipment caches, plant nurseries, captive propagation
facility buildings, established arboretum areas, baseyards and biological survey transect
lines.
(6) Repair and maintenance of existing covered and open fences areas for endangered
species (waterfowl, waterbirds, forest birds), game birds and mammals (pheasants, quail,
partridges, pigs, sheep, goats, deer); auxiliary buildings for food storage, equipment
storage, incubators and brooders; open-top breeding and release pens, field aviaries and
hacking boxes.
(7) Repair and maintenance of existing water tanks, pipelines, water catchment basins
(capacity of 300-10,000 gallons), wildlife water units, pumps and controls, pipes and
channels; fences, dikes and moats in waterbird sanctuaries for the purposes of
maintaining water levels, providing water and precluding predators.
(8) Weed, brush and noxious tree control using hand tools, small motorized equipment
tDOFA W Program Areas include forest and natural area reserves, game management and wilderness areas,
plant and wildlife sanctuaries, Na Ala Hele, forest stewardship and natural area partnership projects.
List of Exemptions -Page 2
(chainsaws and weedeaters), and approved herbicides on DOFAW program areas,
campsites, picnic grounds, viewpoints, baseyards, wildlife water units, trails, captive
propagation facilities, arboreta, plant nurseries, checking stations, and public use
facilities.
(9) Routine pruning, trimming, and thinning of trees excluding commercial logging.
(10) Gathering minor forest products for non-commercial purposes.
(11) Gathering plant seed for propagation, commercial and non-commercial.
(12) Cultivating, fertilizing, mowing, and harvesting wildlife food plots.
(13) Routine operation, repair and maintenance of existing DOFAW program facilities,
arboreta, baseyards and captive propagation facilities.
(14) Maintenance of previously established game habitat improvement sites and lawn areas
with mechanized equipment.
List of Exemptions -Page 3
EXEMPTION CLASS # 2: Replacement or reconstruction of existing structures facilities
where the new structure will be located generally on the same
site and will have substantially the same purpose, capacity,
height, and dimensions as the structure being replaced.
(1) Replacement of existing signs in DOFAW program areas; includes fire prevention,
instructional, regulatory, enforcement, safety, boundary, location, and toxicant or plant
and animal control signs.
(2) Repair and maintenance of existing cabins, resident workers' quarters, warehouse
workshops, mobile camping structures, weather stations, checking stations (single room
structures with porches or small boxes on legs) for hunters, hikers, and campers; meat
safes, viewing kiosks and platforms, wildlife observation towers, sanitary facilities, trail
shelters, equipment shelters, fire equipment caches, established arboretum areas, plant
nursery operations, and captive propagation facility buildings.
(3) Replacement of covered or open fenced areas for endangered species (waterfowl,
waterbirds, forest birds), game birds and mammals (pheasants, quail, partridges, pigs,
sheep, goats, deer, etc.); auxiliary buildings for food storage, equipment storage,
incubators and brooders; open-top breeding and release pens, field aviaries and hacking
boxes.
(4) Replacement of existing water tanks, pipelines, water catchment basins (capacity 300-
10,000 gallons), wildlife water units, pumps and controls, pipes and channels; fences,
dikes and moats in waterbird sanctuaries for purposes of maintaining water levels,
providing water and precluding predators.
(5) Replacement of existing roads (paved, unpaved, dirt, cinder and gravel), concrete fords,
cattle guards, gates, wash-out ditches and biological survey transect lines in DOFAW
program areas.
(6) Re-vegetate burned areas to encourage the succession of selected plant species to prevent
soil erosion and promote the goals of the Division.
List of Exemptions -Page 4
EXEMPTION CLASS # 3: Construction and location of single, new, small facilities or
structures and the alteration and modification of same and
installation of new, small equipment and facilities and the
alteration and modification of same including but not limited
to: (a) single family residences not in conjunction with the
building of two or more such units; (b) multi-unit structures
designed for not more than four dwelling units if not in
conjunction with the building of two or more structures; (c)
stores, offices and restaurants designed for total occupant load
of twenty persons or less, if not in conjunction with the
building of two or more such structures; and (d) water,
sewage, electrical, gas, telephone, and other essential public
utility services extensions to serve such structures or facilities;
and accessory or appurtenant structures including garages,
carports, patios, swimming pools and fences.
(1) Fences to include areas no greater than 10 acres around individual or small colonies of
rare, threatened or endangered plants, covered and open areas for endangered species
(waterfowl, waterbirds, forest birds), game birds and mammals (pheasants, quail,
partridges, pigs, sheep, goats, deer); auxiliary buildings for food storage, equipment
storage, incubators and brooders; open-top breeding and release pens, field aviaries and
hacking boxes.
(2) Cabins, resident workers' quaRers, warehouse workshops, mobile camping structures,
weather stations, checking stations (single room structures with porches or small boxes
on legs) for hunters, hikers, and campers; meat safes, viewing kiosks and platforms,
wildlife viewing towers, sanitary facilities, trail shelters, equipment shelters, fire
equipment caches, arboreta, and plant nurseries.
(3) Fencing to include areas no greater than one acre for ecosystem management research.
List of Exemptions -Page 5
EXEMPTION CLASS # 4: Minor alteration in the conditions of land, water, or vegetation.
(1) Establishment ofhelispots for fire control and rescue.
(2) Clearing of fuel breaks on grass and brush on DOFAW program areas necessary to
protect enclosures, exclosures, facilities, and colonies of rare threatened and endangered
plants or animals where a thorough biological survey has determined that the species will
not be adversely impacted by such clearing. The definition of a fuel break is the
reduction of ground fuel without significant modification of the soil.
(3) Minor alterations to existing wildlife or plant sanctuaries, including construction of
pumps and controls, pipes and channels, and dikes and moats for the purposes of
maintaining water levels, providing constant water supplies, and precluding predators.
Also includes minor alterations to biological transects, camp sites, fertilizing and
mowing, maintaining nene pastures, weed control, outplanting native plants,
transplanting, clearing mist net lines and trap sites.
(4) Construction of reservoirs of 0.1 acres or less to collect runoff for wildlife or to
redistribute water for water units or plantings if done at sites where non-native vegetative
cover constitutes greater than 75% of the area.
(5) Controlled burning of vegetation less than five (5) acres in size to improve wildlife
habitat where non-native vegetative cover constitutes greater than 75% of the area.
(6) Mowing non-native vegetation where dense, mature stands form impenetrable cover.
(7) Establish temporary or permanent vegetative cover including trees, shrubs and grasses for
landscaping, reforestation, soil stabilization, and wildlife habitat provided, however, that
this exemption shall not apply to tree plantings for which harvesting is planned or is
reasonably foreseeable.
List of Exemptions -Page 6
EXEMPTION CLASS # 5: Basic data collection, research, experimental management, and
resource evaluation activities which do nat result in a serious
or major disturbance to an environmental resource.
(1) Implanting transponders and affixing transmitters and/or markers (bands, collars, ear
tags) to birds and mammals to record movement, longevity; taking disease and blood
samples; placing remote monitoring devices (to determine animal movement), cameras,
equipment and feeders; removal ofnon-native avian competitors, predator control
(including placement of approved toxic baits, kill traps, live traps, snares) and using
approved herbicides.
(2) Game and non-game wildlife surveys, inventory studies, new transect lines,
photographing, recording, sampling, collection and captive propagation (involves
walking, driving, and flying in the field (helicopters, light aircraft), use of nets and
firearms, temporary traps including snares, mist nets, corral traps, drop door traps or leg
hold traps.
(3) Releases and recoveries of wildlife. On approved releases of game and non-game
wildlife (after EA or EIS preparation and acceptance), actual release of animals and
follow-up surveys, translocation within the range, or rearing in captivity and releasing to
the wild.
(4) Captive propagation of birds or mammals. Housing, care, feeding, veterinarian
examination, breeding (pairing, hatching, brooding, fledgling, rearing), cross fostering,
double clutching nests, experimental studies of native species (including those which are
rare, threatened, or endangered), game birds and game mammals; may involve
hybridization of game birds or mammals.
(5) Wildlife management actions including predator control, insect control, snail control,
non-native bird control, controlled grazing or burning as a management tool and use of
toxicants or herbicides. All use of chemicals follow label instructions or restrictions.
List of Exemptions -Page 7
EXEMPTION CLASS # 6: Construction or placement of minor structures accessory to
existing facilities.
(1) Fencing around minor facilities such as game water units, checking stations, animal pens,
water pumps, aviaries, fire caches, and plant enclosures.
(2) Driveways.
(3) Exterior lights in already developed areas for security and safety purposes.
(4) Water tanks with less than 10,000-gallon capacity.
(5) Water catchments, lines, and faucets adjacent to hunter checking stations for "domestic",
public use or game water units.
List of Exemptions -Page S
COMPREHENSIVE EXEMPTION LIST
for the
DEPARTMENT OF LAND AND NATURAL RESOURCES
DIVISION OF WATER AND LAND DEVELOPMENT
as approved by the
ENVIRONMENTAL QUALITY COMMISSION
September 19, 1984
Pursuant to EIS Regulation 1:33, the following types of
actions, where they fall within the given classes of
action, shall generally be exempt from requirements
regarding preparation of an environmental assessment,
negative declaration, or EIS:
;~xemntion Class #1: Operations, repairs or maintenance of
eziating structures, facilities,
equipment or topographical features,
involving negligible or no ezpansion
or change of use beyond that
! previously eziating.
1. Repairs which are necessary to maintain eziating
structures and facilities used in the irrigation
systems at Waimanalo, Oahu; Waimea-Lalamilo, Hawaii;
and Molokai. Cutting of trees which are threatening
- to damage eziating structures, facilities and
waterways in the irrigation systems. Performing
maintenance trimming of brush, removing and depositing
sediment and debris in order to open the waterways for
irrigation systems.
2. Repairs and improvements which are necessary to
maintain is a useful condition the eziating access
roads and road structures (such as culverts and
bridges) to the minimum width required for the
operation of vehicles used in the operation and
maintenance of irrigation systems. ,
3. Repairs which are necessary to maintain eziating
office buildings, control buildings, warehouses, paint
sheds, baseyards, grounds, water treatment plants, and
other existing facilities used in the eziating water
systems.
4. Repair, operate and maintain ezistiag pumps and
controls, pipes and channels is the same location in
order to maintain service in ezistiag water systems.
Repair existing electrical sad telemetering systems
used to operate water facilities, equipment, an8
appurtenances in eziating water systems. Repair
existing diversions and intake structures, including
Page 2
valves, gates, and intake bows in order to collect or
improve the collection at the location of the eziatiag
water source diversion works.
5. Repair and maintenance of ezistinq trails and roads
leading to data collection stations.
6. Vegetation Clearing from Streams
Work under this exemption would be performed by the
Division of Water and Land Development or its
contractor on improved and unimproved drainage
ditches, swales and streams under the Department of
Land and Natural Resources' jurisdiction. work would
involve cutting and removing brush, grass and debris
and occasional small trees or bushes to restore
channel capacity. The equipment to be used by the
contractor or division work crew would include
sickles, cane knives, power saw, or tractor with
cutting blade attachment. Vegetation and debris would
be hauled by truck to an approved sanitary landfill
site, or allowe8 to remain on site where feasible for
use as compost.
The herbicide, RODEO, will be applied directly to
foliage growing oa the banks of stream channels and to
emergent foliage growing in fresh and brackish bodies
of water. All herbicides will be used under the
following conditions:
a. Label instructions will be strictly adhered to.
b. Herbicides will not be used in Rahana Stream,
Punaluu Stream, or &sluanui 6tresm, Roolauloa,
Oahu; Wailoa River, waiakea Fish Pond, Lokoaka
Fish Pond and the wailuku Watershed, island of
Hawaii; and such additional streams or bodies of
water as may be identified through consultation
with the respective county government,
environmental organizations, and the U.S. Fish
and wildlife Service.
Soil disturbance would be minimal, if any, and all
work would be confined within the right-of-way.
Exemption Class #2: Replacement or reconstruction of
ezisting structures and facilities
where the new structure will be
located generally on the same site
Page 3
and will have substantially the same
purpose, capacity, density, height
and dimensions as the structure
replaced.
1. Replace or reconstruct ezistiag pumps and controls,
pipe and channels in the same location and to a size
commensurate with the azisting system and source
capacities to provide service in ezistiag water
systems.
2. Replace or reconstruct eziating roads sad road
structures to the minimum width required for the
operation of vehicles used in the operation and
maintenance of water. systems. Roads shall be
single-lane with passing turnoffs approzimately one
mile apart or at the beginning and end of dangerous
sections or streams or gully crossings.
! 3. Replace or reconstruct eziating structures, buildings
end facilities to the same size and for the same
purpose as their eziating use is the irrigatioa~
systems at Waimanalo, Oahu; Waimea-Lalamilo, Hawaii;
. and Molokai. Replace or reconstruct eziating
electrical and telematerinq systems to perform the
same operational teaks of operating water facilities,
equipment and appurtenances is eziating water systems.
4. Reconstruction of eziating diversions and intake
structures, including valves, gates, and intake bozos
in order to collect or improve the collection at the
location of the eziating water source diversion works.
Eaemotion class B5: Basic data collection, research,
azperimental management, and resource
evaluation activities which do not
result in a serious or major
disturbance to an environmental
resource.
1. Construction of gaging stations to measure streamElow
and flood crest in streams in accordance with the
prescribed method and practices of the U.S. Geological
Survey. Installation of climatological stations to
collect data on climatology, all in accordance with
the method and practices of the Rational Weather
Service.
f._ 2. Construction of test wells not more than 8 inches in
diameter to provide ground truth for water resources
investigations, the suggested size will enable the
Page 4
aquifer to be tested for its physical, chemical,
biological qualities, as well as providing a pumping
test to determine the specific capacity of the
aquifer. Teat wells shall not be developed to serve
water unless an EIS or negative declaration is
prepared.
Exemption class #6: Continuing administrative activities,
such as purchases for supplies and
personnel-related actions.
Requests for federal assistaace under Title III of the
U.B. Water Resources Planning Act. Grants thus obtained
will be used for developing comprehensive water and
' related land resources plans.
Exemption Class *7: Coast ruction or placement of minor
structures accessory to ezisting
facilities.
1. Fencing for water facilities.
2. Minor driveways.
3. Installation of ezterior lights in already developed
areas for security and safety purposes.
4. Water tanks with less than 10,000 gallon capacity.
5. Roof top water catchments.
6. Lines and water faucets for site use only.
gxemntion class !!9: Demolition of structures, ezcept
' those structures located on any
historic site as designated in the
Rational Register or Hawaii Register
as provided for in the Historic
Preservation Act of 1966, Public
Law 89-665, or Chapter 6, Hawaii
Revised Statutes.
Construction required to seal artesian wells which have
been abandoned or are leaking. This is a positive means
of preventing the wastage of ground water supplies.
Page 5
NOTE: As stipulated by EI6 Regulation 1:33(b), all
ezemptions under this list are inapplicable when
the cumulative impact of planned 'successive
actions of the same type, in the same place, over
time, is significant, or when an action that is
normally insignificant in its impact on the
environment may be significant in a particularly
sensitive environment.
f-
ADDITION TO EXEMPTION LIST
for the
Division of Water and Land Development
Department of Land and Natural Resources
as approved by the 8nvironnental Council
Septeaber 19, 1984
Pursuant to EIS Regulation 1:33, the following type of
action, where it fella within the given class of action,
shall generally be exempted fzoa the preparation of an EIS
or Negative Declaration.
Exemption Class tl: operations, repairs or
maintenance of ezisting
structures, facilities,
equipment or topographical
features, involving
negligible or no expansion
or change of use beyond
that previously ezisting.
Item: Vegetation Clearing from Streams
Work under this exemption would be performed by the
Division of Water and Land Development or its contractor
on improved and unimproved drainage ditches, swales and
streams under the Department of Land and Natural
Resources' iurisdictlon. Work would involve cutting and
ramoviag brush, grade and debris and occasional small
trees or bushes to restore channel capacity. The
equipment to ba used by the contractor or division work
crew would include sickles, cano knives, power saw, or
tractor with cutting blade attachment. Vegetation• and
debris would be hauled by truck to an approved sanitary
landfill site, or allowed to remain on site where feasible
for use as compost.
The herbicide, RODEO, will be applied directly to foliage
growing on the banks of etrean channels and to emergent
foliage growing in fresh and brackish bodies of water.
All herbicides will be used under the following conditional
1. Label instructions will be strictly adhesed
to.
2. Herbicides will not ba used in Kahane
Stream, Punaluu Strewn, or Kaluanui Streaa,
Koolauloa, Oahut Wailoa River, Waiakea Fish
Pond, Lokoaka Fish Pond and the Wailuku
Watershed, Island of Hawaiit and such
Ezemption List
Page 2
additional streams or bodies of water as may
be identified through consultation with the
respective county government, environmental
organizations, and the U.S. Fish aad
Wildlife Service.
Soil disturbance would bs nininal, if any, and all work
would be confined within the right-of-way.
As stated in the EIS Regulation 1:33b, all exemptions
under this item are inapplicable whoa the cumulative
impact of planned successive actions of the saw type, in
the Bane place, over time, is significant, or when an
action that is normally insignificant in its impact on the
environment may be significant in a particularly sensitive
environment.
or ~f?
1r ,13D- y
i .~YV, y: -
eex.,a-ax .1. CAVRANO
p YY KB/NEfN K. FVKdN1AOA
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~'A.ua~Wr.~d# NAAtRN N. NAfNMOTO
NC6CMNNixKW
STATE OF HAWAII
ENVIRONMENTAL COUNCIL
2Z0 SOUTH KN/O 5TNEET
FOUNfH FIOOq
HONOUILU, HAWf1188e13
M reptT, pkese refer fo:
DOCKET 95-EX•02
August 8, 1995
The Honorable Donna FaV K. Kiyosaki
Chief Engineer
Department of Public Works
County of Hawaii
25 Aupuni,Street, Room 202
Hilo, Hawaii 96720-4252
Dear Ms. Kiyosaki:
In response to your agency's March 13, 1995, request, enclosed is an updated comprehensive
exemption list, reviewed and concurred in bV the Environmental Council at its June 21, 7 995, meeting.
A copy of the meeting minutes will be sent to you under separate cover.
If there are any questions, please tail Mr. Leslie Segundo, Environmental Health Specialist tol!-free at
i-800-468-4844, extension 6-4185.
Sincerely,
KENNETH K. FUKUNAG
Chairperson
Enclosure
c: Director, OEQC
hfgi _.__r. SYJD
nc1~i i__~ _ Yom.^.
a~.i.'rl
COMPREHENSIVE EXEMPTION UST FOR THE
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAU
REVIEWED AND CONCURRED IN BY THE ENVIRONMENTAL COUNCIL ON
JUNE 21, 1995
Pursuant to Section 11-200-$, Hawaii Administrative Rules, the following types of actions, where they
fall within the given classes of action, shall generally be exempt from the preparation of an
environmental assessment.
EXEMPTION CLA55 1: Operations, repairs or maintenance of existing structures, facilities, equipment
or topographical features, involving negligible ar no expansion or change of use beyond that previously
existing.
1. Operate, repair and maintain traffic control devices, i.e. traffic signals, street lights, traffic
signs and pavemem markings 1612 1 19 51.
2. Highway lighting systems (2!5!851.
3. Roofing (2/5185).
4. Repair and maintenance of existing structures 1215!851.
5. Guardrail installation 1215/$51.
6. Acquisition of land or easements on which existing facilities are situated 12/5185).
7. Operate, repair and maintain all County automotive and construction equipment assigned to
the department (215186).
8. Operate, repair and maintain all County parking meters (2!5186).
9. Operate, repair and maintain all County owned areas including, but not limited to, parking lots,
road rights-of-way, drainageways and easements. This maintenance shall include removal and
trimming of aIi vegetation, as needed, in order to minimize any encroachments or obstructions
within the road right-of-way (6!21195).
10. Operate, repair and maintain all wastewater facilities including sewer lines, pump stations and
treatment plant components 16/21!951.
11. Operate, repair and maintain all solid waste facilities including transfer stations and disposal
facility components 16/21195).
~XEMPTIO(~ CLASS 2: Replacement or reconstruction of existing structures and facilities where the
new structure will be located generally on the same site and will have substantially the same purpose,
capacity, density, height and dimensions as the structure replaced.
1. Replacement or reconstruction of existing asphaltic concrete paved roads or of existing grave!
roads by resurfacing with asphahic concrete pavement. The completed road wits be located
within the existing right-of-way and will have substantially the same purpose, capacity and
dimensions as the road prior to construction {215!$5).
~ • ~ '9`
Comprehensive Exemption List
Department of Public Warks
County of Hawaii
June 27, 1995
Page 2 of 3
2. Modernization of an existing highway for safety purposes by resurtacing, widening less than
a single lane width, adding shoulders, adding auxiliary lanes for localized purposes tweaving,
climbing, speed changes, etc.) and correcting substandard curves and intersections (2/5/851•
3. Replacement or reconstruction of existing gravel parking tots not exceeding 20 stalls by
resurtacing with asphaltic concrete 12/5/85).
4, Replacement or reconstruction of ail wastewater facilities including sewer lines, pump stations
and treatment plant components t6/21 /951.
5, Replacement or reconstruction of all solid waste facilities including transfer stations and
disposal facility components !6/21 /95).
6, Replacement, reconstruction or extension of water, sewage, electrical, gas, telephone, sweet
light and other essential public utility service extensions within the County road rights-of-way
16/21195}.
EXEMPTION CLASS 3: Construction and location of single, new, small facilities or structures and the
alteration and modification of same and installation of new, small equipment and facilites and the
alteration and modification of same including but not limited to ; la1 single family residences not in
conjunction with the building of two {2} or more such units; tb) multi-unit structures designed far not
more than four !41 dwelling units, if not in conjunction with ihs building of two t2) or more such
structures; te) stores, affices and restaurants designed for iota! occupant load of twenty 1201 parsons
or less, if not in conjunction with the building of two 12) or more such structures; Id) water, sewage,
electrical, gas, telephone, and other essential public utility service extensions to serve such structures
and facilities; and lel accessory or appurtenant structures including garages, carports, patios,
swimming pools and fences.
1. Play area and play courts (215/85).
2. Fencing 12/5/851.
3. Install traffic control devices, i.e, traffic signals, street lights, traffic signs and pavement
markings i6l21/95},
4. install wastewater facilities including sewer lines, pump stations and treatment plant
components (6/21/95).
5. install solid waste facilities including transfer stations antl disposal facility components
16121 /95).
6. New installation of water, sewage, electrical, gas, ielephane, street light and other essential
public utility service extensions within the County road rights-of-way 16/21 /95).
EXEMPTION CLASS 4: Minor alteration in the condition of land, water, or vegetation.
1. Install and/or remove alt County parking meters (2/51861•
Comprehensive Exemption list
Department of Public Works
County of Hawaii
June 21, 1995
Page 3 of 3
2. Maintenance and removal of all vegetation from within the County road rights-of•way that pose
a hazard to the health and welfare of the public 16/21195).
3. Maintenance and removal of all vegetation from within existing sewer line and drainage
easements 16!21 /951.
4. Maintenance and removal of vegetation in order to conduct survey work 46/21 /95).
EXEMPTION CLASS 5: Basic data collection, research, experimental management, and resource
evaluation activities which do not result in a serious or major disturbance to an enviranmental resource.
1. Perform preliminary surveys ie.g. reconnaissance, location work, level circuits, topographic and
hydrographic work) (2!5/86!•
EXEMPTION CLASS 6: Construction or placement of minor structures accessory to existing facilities.
1. Interior alterations involving such things as partitions, plumbing, and electrical conveyances
(21585).
2. Installation of culverts under an existing County road to eliminate flooding (2/5/85).
3. Installation of one or two tone on each side of the road) drywall sumps within the County
right-of-way to eliminate or reduce localized flooding, ponding or puddling (2151851.
4. Modification of existing wastewater facilities to include sewer lines, pump stations and
Veatment plant components (6!21!951.
5. Modification of existing solid waste facilities including transfer stations and disposal facility
components {6/21!95).
6. Install Vaffic conVOl devices, i.e. traffic signals, street lights, traffic signs and pavement
,r markings 16/21/95).
7. Install wastewater facilities including sewer lines, pump stations and treatment plant
components 16/21/951.
Install solid waste facilities including transfer stations and disposal facility components
16/2 7 19 51.
9. New installation of water, sewage, electrical, gas, telephone, street Tight and other essential
public utility service extensions within the County road rights-of-way {6121/951.
As stipulated in Section 11-200.8(b), Hawaii Administrative Rules, alt exemptions under this list are
inapplicable when the cumulative impact of planned successive actions of the same types, in the same
place, over time, is significant, or when an action that is normally insignificant in its impact on the
environment may be significant in a particularly sensitive environment.