B09_Amd_1_FINAL_Hanalei_Valley_Viewpoint_EA___FONSI__20191126_0001.pdf

U.S. Fish & Wildlife Service

Hanalei National Wildlife Refuge

Hanalei Valley Viewpoint Final Environmental Assessment November 2019

Hanalei Valley Viewpoint at

Environmental Assessment

November 2019

Prepared by the

U.S. Department of the Interior

Interior Region 9, Columbia-Pacific Northwest

Interior Region 12, Pacific Islands

U.S. Fish and Wildlife Service

911 NE 11th Avenue

Portland, Oregon 97232 and

Hanalei National Wildlife Refuge

Kauai National Wildlife Refuge Complex

P.O. Box 1128

Kilauea, Hawaii 96754

DAVID Y. ]GE

GOVERNOR

JADE T. BUTAY

DIRECTOR

Deputy Directors

LYNN A.S. ARAKI-REGAN

DEREK J. CHOW

ROSS M. HIGASHI

EDWIN H. SNIFFEN

STATE OF HAWAII

DEPARTMENT OF TRANSPORTATION

869 PUNCHBOWL STREET

HONOLULU, HAWAII 96813-5097

November 08, 2019

IN REPLY REFER TO:

HWY-DS 2.0726

TO: KEITH KAWAOKA, ACTING DIRECTOR

OFFICE OF ENVIRONMENTAL QUALITY CONTROL

FROM: JADE T. BUTAY

DIRECTOR OF TRANSPORTATION

SUBJECT: FINAL ENVIRONMENTAL ASSESSMENT (FEA)/

FINDING OF NO SIGNIFICANT IMPACT (FONSI),

HANALEI VALLEY VIEWPOINT AT

HANALEI NATIONAL WILDLIFE REFUGE

FEDERAL- AID PROJECT NO. FLH-056-1 (45)

With this letter, the State of Hawaii Department of Transportation (HDOT) hereby transmits the FEA-FONSI for the Hanalei National Wildlife Refuge Hanalei Valley Viewpoint situated at Tax Map Key Parce1:5-3-01:16 in the Hanalei District on the island of Kauai for publication in the next available edition of the Environmental Notice.

The HDOT has included copies of comments and responses that it received during the 30-day public comment period on the draft environmental assessment and anticipated finding of no significant impact.

Enclosed is a completed Office of Environmental Quality Control Publication Form, four copies of the FEA-FONSI, an Adobe Acrobat PDF file of the same, and an electronic copy of the publication form in MS Word. Simultaneous with this letter, we have submitted the summary of the action in a text file by the electronic mail to your office

Should you have any questions, please contact Ms. Karen Chun at (808) 692-7544, Technical Design Services Section Head, Design Branch, Highways Division or by email at karen.chun@ hawaii.gov.

Enclosure

Finding of No Significant Impact for the

Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge

Introduction

The State of Hawaii Department of Transportation Highways Division (HDOT) and the U.S. Fish and Wildlife Service (Service) developed an Environmental Assessment (EA) to evaluate the effects of constructing the proposed Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge (Refuge, NWR). The proposed project would allow the Service to deliver its mission more fully to the local community and visitors to the North Shore of Kauai and connect the public with the Refuge by providing a facility for visitors wishing to learn more about the Refuge.

The viewpoint project was originally proposed in 2003 through a public-private partnership involving HDOT, the Federal Highway Administration (FHWA), the Princeville Corporation, and the Service; however, the project was not completed at that time. The site, conceptual facility design and operations, and anticipated impacts to the human environment were analyzed in the June 2003 Final Environmental Assessment and Finding of No Significant Impact for the Hanalei Valley/Hanalei National Wildlife Refuge Scenic Stop (2003 EA/FONSI) (HDOT and FHWA 2003).

A Finding of No Significant Impact (FONSI) was signed selecting both the location for the new viewpoint and the facility design elements, which were to be used in developing the final design of the new viewpoint (HDOT and FHWA 2003).

In 2004, the Service issued its own FONSI (USFWS 2004) for expanding the boundary of Hanalei NWR and constructing the viewpoint at the site selected by the 2003 EA/FONSI. The FONSI described why the Service believed the reasonably foreseeable impacts associated with the new viewpoint were not significant. The Hanalei NWR boundary was expanded in anticipation of accepting a donation of land that would accommodate the proposed viewpoint. The donation never happened and the project stalled. Final design was delayed until the proposed project was reinitiated in 2016.

Purpose and Need

The purpose of the project is to develop a Hanalei Valley Viewpoint at Hanalei NWR, which would provide residents and visitors with a quality national wildlife refuge experience that includes opportunities to learn about the natural and cultural history of the Hanalei Valley and the Refuge.

The project is needed because the existing overlook has inadequate parking, uncontrolled vehicular access, a viewing area too close to the Kuhio Highway that detracts from the visitor’s experience, and inadequate space for informational displays or stationing of Refuge staff or volunteers to provide outreach and information to the public.

Alternatives Considered

No Action (Alternative 1): Under the no action alternative, a new viewpoint would not be constructed. The existing overlook, which is primarily under HDOT jurisdiction, would remain unchanged, as improvements to the existing overlook are beyond the scope of this proposed action.

Conditions would remain as they are today.

Alternative 2: Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge (Preferred): Under Alternative 2, the Service would construct a new Hanalei Valley Viewpoint at Hanalei NWR on an approximately 5.4-acre parcel at the north end of Tax Map Key (TMK) parcel 5-3-001:16, the same site selected in the 2003 EA/FONSI and the Service’s 2004 FONSI. The parcel would be subdivided from TMK parcel 5-3-001:16. The new 5.4-acre parcel would be bordered by Kuhio Highway to the north, private land to the east, and Hanalei Valley to the south and west. Construction would be funded by the Service and with grants from FHWA, HDOT, and Kauai County.

Alternative 2 proposes a viewpoint that would serve to welcome and orient visitors to Hanalei Valley and Hanalei NWR. The viewpoint would feature world-class scenic views of Hanalei Bay, Valley, River, and the Refuge. It would provide engaging educational experiences for visitors of all ages and learning styles related to the Refuge’s wildlife, endangered species recovery goals, cultural resources, and the history of the area. The location would provide safe access to and from Kuhio Highway, parking stalls for cars and tour buses, and a quality visitor experience with short trails, overlooks, an orientation kiosk, and interpretive signage. The viewpoint would be open free to the public from 6:00 AM to 30 minutes past sunset.

Comparison of Effects

No Action (Alternative 1): Under the no action alternative, the Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge would not be constructed. Because conditions would remain unchanged at the site of the proposed viewpoint, there would be neutral or negligible effects to the natural environment (e.g., air, soil, vegetation, wildlife, aquatic resources).

Site capacity issues at the existing overlook would remain and may intensify if visitor use increases as visitation to Kauai increases, although the current parking situation limits the amount of visitors who can stop at any one time. Kuhio Highway ingress and egress issues would remain unchanged.

This represents a minor long-term effect to traffic on Kuhio Highway as the effects would be detectable, but localized and of little consequence beyond the immediate area.

Alternative 2: Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge (Preferred):

Construction would require clearing and grubbing about 1.5 acres of degraded woodland habitat at the site of an abandoned nursery now dominated by common, primarily non-native plant species. No export of cut material is required. Exposed soils may be subject to erosion. To prevent fugitive dust and erosion, typical erosion control techniques would be employed, including the use of silt fences, mulching, and covering stockpiled soils.

Only minor effects to wildlife habitat and use are anticipated. Wildlife inhabiting the site would be displaced during construction, though the species present are mostly invasive and non-native and would not be adversely affected in terms of local or regional abundance.

Opeapea (Hawaiian hoary bat) is listed as endangered by the Service and the State of Hawaii. They roost in both exotic and native woody vegetation and leave their young unattended in “nursery” trees and shrubs when they forage. Under the preferred alternative, trees and shrubs suitable for Hawaiian hoary bat roosting would be cleared. To minimize impacts, site clearing would be timed to avoid disturbance during the bat-birthing and pup-rearing season (June 1 through September 15). During this time, woody plants greater than 15 feet tall would not be disturbed, removed, or trimmed. There are abundant nearby trees and shrubs suitable for roosting, foraging, and breeding, so impacts to the Hawaiian hoary bat are expected to be minor.

The preferred alternative includes no lighting at the site. Migratory seabirds would not be subject to the disorienting and blinding effects bright lights can cause when they fly between inland nesting sites and offshore feeding grounds. Migratory seabirds would be unaffected by the proposed viewpoint during their migrations.

Section 7 of the ESA requires that actions that are federally funded, authorized, or carried out be done in a manner to not jeopardize the continued existence of any plant or animal species listed as threatened or endangered, or destroy or adversely modify any designated critical habitat. In accordance with the requirements, a Section 7 consultation was completed, which concluded that constructing the new viewpoint may affect, but would not likely adversely affect, nene, ao, uau, band-rumped storm-petrel, koloa maoli, aeo, alae keokeo, alae ula, and opeapea. There would be no impacts to special status plants as none occur onsite.

The Viewpoint would provide information on the cultural and natural history of the valley. Up to 1,000 daily visitors anticipated. There would be no direct effect to social or economic activities at the site of the proposed viewpoint as none occur there now. Construction would add approximately $3.3 million to the local economy as materials are purchased and a construction company is hired. This represents a negligible to minor beneficial effect to the North Shore economy because the project is small relative to the North Shore economy.

Construction of acceleration and deceleration lanes and relocating utilities along Kuhio Highway would require temporary lane closures and short-term traffic delays. Upon completion of construction activities, the highway would function at an acceptable level of service. No long-term impacts to traffic are anticipated. There would be minor noise impacts associated with construction, but no long-term effects are expected.

The Service submitted a letter to State Historic Preservation Division (SHPD) dated January 30, 2019, describing the National Historic Preservation Act (NHPA) Section 106 and HRS 6E–42 concurrence efforts and project effects that concluded “no adverse effect to historic properties.” The SHPD concurred with this finding on March 1, 2019, noting the project would result in “no adverse effect.” Implementing the preferred alternative would not hamper, impede, or otherwise limit the exercise of traditional, customary, or religious practices of Native Hawaiians in the immediate area, to the extent the practices are provided for by the Constitution of the State of Hawaii and by Hawaii statutory and case law.

There would be no direct effects to minority or low-income populations. Because the subject parcel is unoccupied, development of the proposed viewpoint would not result in the displacement of minority or low-income populations. To mitigate the potential loss of privacy of taro farmers on Hanalei NWR, the viewpoints are designed, sized, and located in such a way to minimize their presence and the presence of visitors when the top of the pali (cliff) is viewed from the valley.

Specifically, each viewpoint is sized to accommodate no more than 15 to 20 viewers at a time. The viewpoints would be set into the landscape and constructed with natural, local materials that are non-reflective. Vegetative screening and vegetative management would provide view portals.

Summary of Mitigation Measures

To avoid disturbing opeapea (Hawaiian hoary bat), woody plants greater than 15 feet tall would not be disturbed, removed, or trimmed during the pupping season (June 1 through September 15).

Typical erosion control techniques would be employed, including the use of silt fences, mulching, covering stockpiled soils, construction of dikes or diversions to avoid runoff across erodible soils, and revegetating the site as soon as possible.

A biological monitor would survey the site prior to the initiation of clearing and grubbing, or after any subsequent delay in work of three or more days, to ensure that listed species are not present. If a listed species were found, construction would be delayed until the species leaves the site on its own accord.

To mitigate the potential loss of privacy, the viewpoints are designed, sized, and located in such a way to minimize their presence and the presence of visitors when the top of the pali is viewed from the valley.

Public Involvement

The Service engaged in a multi-faceted public involvement program to keep the public informed of this proposed action. The Service hosted several community meetings as the viewpoint design progressed. Notice for the open houses was provided via direct contact to a mailing list as well as announcements through the Refuge website, newspaper, flyers on local billboards, and the community radio station. Additionally, the Service met separately with specific partners and interested parties, including elected officials, county, HDOT, and the Hanalei taro farmers.

The project was presented and discussed during a meeting of the Kauai County Council on May 31, 2017. The Council voted 6 to 1 to approve a county application to HDOT for Transportation Alternatives Program funds in support of the viewpoint project. These funds would be used for some of the transportation-related site improvements.

To solicit public comments, the EA was posted on the Refuge’s website and the Office of Environmental Quality Control (OEQC) released the EA through its Environmental Notice on May 23, 2019, initiating a 30-day public comment period. Comments or requests for additional information could be submitted through email, fax, or the mail. As part of the public review process, Refuge staff hosted a public meeting in Hanalei on Wednesday, May 29, 2019, at Hale Halawai. The meeting was attended by approximately 10 individuals, excluding Service staff.

Public Comments

We received five public comments during the 30-day review process. Copies of the response to comments received are provided in Appendix F of the final EA.

Changes to the Draft Environmental Assessment

Revisions in response to public comments have been made to the draft EA include the following:

• References to incorrect land use categories have been removed. The Executive Summary and Section 5.2 have been modified to reflect the correct reference to HAR 13-5-22 P-6 Public

Purpose Uses (D-1). The final EA has been modified to state that the Final EA will be submitted as a part of the CDUA package.

• Language has been added to the final EA that any land use within any land classified as a conservation district by the state land use commission under chapter 205 HRS, also triggers compliance with HEPA.

• Language has been added to the final EA that three pre-engineered vault toilets are now part of the base design for the viewpoint and no longer dependent on additional funding.

• A discussion of staging areas has been added to the project description (Section 2.2).

• The project Vicinity Map (Figure 1) and the Site Plan (Figure 2) have been revised.

• Language has been added to the final EA on the current landownership in Section 2.2.

• Language has been added to the final EA on on-site utilities and off-site utilities that need to be relocated due to roadwork on Kuhio Highway. A new Utility Plan figure has been added as Figure 3.

• Language has been added to the Final EA regarding consistency with Hawaii Land Use and Policies (Section 5.2).

Decision

Based on our review and analysis in the EA and input the Service received from the public comment process, we are selecting Alternative 2 to build the Hanalei Valley Viewpoint at Hanalei NWR.

Alternative 2 was selected for two main reasons.

There would be no significant impacts to the human environment related to construction and operation of the new Viewpoint. Construction-related impacts are anticipated to be short-lived and minor. Upon completion of construction there would only be negligible long-term effects to the human environment.

Alternative 2 also allows the Service to better deliver its mission to the local community and visitors to the North Shore of Kauai, fulfilling a long-term vision for the Refuge. The proposed Hanalei Valley Viewpoint will formalize public access to Hanalei NWR, providing views to the spectacular landscapes of the Hanalei Valley that currently have limited public access. The proposed Viewpoint is intended to welcome and orient visitors to Hanalei NWR and the Hanalei Valley, present the mission of the Service and the Refuge System, and the purposes and management of Hanalei NWR.

It would provide educational and interpretive opportunities and is an excellent location for photographing and enjoying views of the Hanalei Valley, Hanalei NWR, and Hanalei Bay.

https://www.fws.gov/refuge/Hanalei/

ABBREVIATIONS

Abbreviation Full Phrase

2003 EA Final Environmental Assessment and Finding of No Significant Impact for the Hanalei Valley/Hanalei National Wildlife Refuge Scenic Stop

ACHP Advisory Council on Historic Preservation

ADT Average Daily Traffic

AFONSI Anticipated Finding of No Significant Impact

APE Area of Potential Effect

CDS Hydrodynamic Water Quality Separator

CEQ Council on Environmental Quality

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act of

CFR Code of Federal Regulations

CSH Cultural Surveys Hawaii, Inc.

CZM Coastal Zone Management

CZMA Coastal Zone Management Act of 1972

DLNR Department of Land and Natural Resources

DOFAW Department of Land and Natural Resources, Division of Forestry and Wildlife

EA Environmental Assessment

EO Executive Order

EPA Environmental Protection Agency

ESA Endangered Species Act of 1973

FHWA Federal Highway Administration

FONSI Finding of No Significant Impact ft2 Square foot (or feet)

GHG Greenhouse Gas

HAR Hawaii Administrative Rules

HDOT Hawaii Department of Transportation Highways Division

HEPA Hawaii Environmental Policy Act

HNWRAHD Hanalei National Wildlife Refuge Historic and Archaeological District

HRS Hawaii Revised Statutes

LOS Level of Service

MOA Memorandum of Agreement

MOU Memorandum of Understanding

NEPA National Environmental Policy Act of 1969

NOx Nitrogen oxides

NPDES National Pollutant Discharge Elimination System

NRHP National Register of Historic Places

NWI National Wetlands Inventory

NWR National Wildlife Refuge

NWRS National Wildlife Refuge System

OHA Office of Hawaiian Affairs

ORAR Outdoor Recreation Access Routes

PM2.5 Fine Particulate Matter less than 2.5 micrometers

RCRA Resource Conservation and Recovery Act of 1980

Refuge System National Wildlife Refuge System

SDOH State of Hawaii Department of Health

SHPD State Historic Preservation Division

SHPO State Historic Preservation Officer

SEA Supplemental Environmental Assessment

Service or

USFWS

U.S. Fish and Wildlife Service

SMA Shoreline Management Area

SO Secretarial Order

SO2 Sulfur Dioxide

SUP Special Use Permit

PROJECT INFORMATION

Project Name Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge

Proposing Agency: Hawaii Department of Transportation Aliiaimoku Building 869 Punchbowl Street Honolulu, HI 96813

Approving Agency: Hawaii Department of Transportation Aliiaimoku Building 869 Punchbowl Street Honolulu, HI 96813

Project Location: Hanalei National Wildlife Refuge Island of Kauai, Hawaii

Lot Tax Map Key Number: TMK (4) 5-3-001-016

Lot Size: 5.428 acres

Existing Land Use: Abandoned plant nursery to be operated as part of the Hanalei National Wildlife Refuge

State Land Use District: Conservation: Resource Subzone

County Zoning Designation: Agriculture

Project Description: Construct the Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge on approximately five acres of Refuge land off Kuhio Highway. Viewpoint includes a welcome and orientation kiosk, short trails to two viewpoints, seating, interpretive signage, and parking for vehicles and tour buses.

Determination: In accordance with the provisions of HRS Chapter 343, this final EA concludes that the proposed project will not have significant adverse impacts on the environmental quality of the area and includes a finding of no significant impact (FONSI).

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TABLE OF CONTENTS

EXECUTIVE SUMMARY 13

CHAPTER 1. PURPOSE AND NEED FOR ACTION 17

1.1 Introduction 17

1.2 Background 17

1.3 Proposed Action 18

1.4 Decision to be Made 18

1.5 Purpose and Need for the Project 19

CHAPTER 2. ALTERNATIVES 21

2.1 Alternative 1: No Action 21

2.2 Alternative 2: Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge (Preferred) 21

2.3 Alternatives Considered but Eliminated from Detailed Study 27

CHAPTER 3. AFFECTED ENVIRONMENT 29

3.1 Biological Resources 29

3.2 Social and Cultural Resources 35

CHAPTER 4. ENVIRONMENTAL CONSEQUENCES 43

4.1 No Action Alternative 43

4.2 Preferred Alternative 44

4.3 Cumulative Effects 54

4.4 Summary 54

CHAPTER 5. COORDINATION and COMPLIANCE 59

5.1 Public Involvement 59

5.2 Consistency with State and County Plans and Policies 62

5.3 Consistency with Federal Laws, Executive Orders, and Policies 64

CHAPTER 6. REFERENCES 69

Table 1. Projected Traffic Use of the Viewpoint (# of vehicle) 49 Table 2. Summary of Effects 55 Table 3. Findings Related to the 13 Administrative Criteria for Significant Impacts. 57

Figure 1. Proposed Hanalei Valley Viewpoint 20 Figure 2. Hanalei Valley Viewpoint Site Plan 23 Figure 3. Utility Plan 26 Figure 4. Hanalei Valley Viewpoint Welcome Plaza 27

Appendix A. Traffic Study 71

Appendix B. Cultural Study 109

Appendix C. ESA Section 7 133

Appendix D. Cultural Resource Letters (SHPO/FWS) 139

Appendix E. Public Meeting Summaries 159

Appendix F. Response to Comments 187

EXECUTIVE SUMMARY

The U.S. Fish and Wildlife Service (Service) proposes to build the Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge (Refuge or NWR). The proposed project would allow the Service to deliver our mission more fully to the local community and visitors to the North Shore of Kauai, connect the public with the Refuge, and provide an alternative for visitors wishing to learn more about the Refuge to minimize traffic on the narrow Ohiki Road entrance.

This Environmental Assessment (EA) has been prepared pursuant to requirements of the National Environmental Policy Act (NEPA), as amended (42 U.S.C. 4321-4347), Hawaii Revised Statute (HRS) Chapter 343, as amended, and Hawaii Administrative rule (HAR) Title 11, Chapter 200.

Compliance with HRS 343 and HAR Title 11 is initiated because of the use of state funds and a state right-of-way along Kuhio Highway (State Route 56). Any land use within any land classified as a conservation district by the State Land Use commission under chapter 205 HRS also triggers compliance with the Hawaii Environmental Policy Act (HEPA). Additionally, the Service will apply to subdivide 5.428 acres from tax map key (TMK) parcel (4) 5-3-001-016 to construct the viewpoint.

The proposed subdivision is also considered a land use within the State Land Use Conservation District pursuant to HAR 13-5-22 P-10 Subdivision or Consolidation of Property (D-1).

The proposed Hanalei Valley Viewpoint will formalize public access to Hanalei NWR, providing views to the sensitive landscapes of the Hanalei Valley that currently have limited public access. The proposed viewpoint is intended to welcome and orient visitors to Hanalei NWR and the Hanalei Valley, present the mission of the Service and National Wildlife Refuge System (Refuge System), and the purposes and management of Hanalei NWR. It would also provide educational and interpretive opportunities and an excellent location for photographing and enjoying views of the Hanalei Valley, Hanalei NWR, and Hanalei Bay.

The proposed viewpoint would be constructed on land that will be owned by the Service, which is within a Conservation District located along the Kuhio Highway (State Route 56) approximately 1/10th of a mile east from the intersection of Kuhio Highway and Ka Haku Road (the main entrance to Princeville). No portion of the site is in the shoreline management area as defined within HRS Chapter 205A.

The viewpoint project was originally proposed in 2003 through a public-private partnership involving the State of Hawaii Department of Transportation Highways Division (HDOT), the Federal Highway Administration (FHWA), the Princeville Corporation, and the Service, however, the project was not completed at that time. The site, conceptual facility design and operations, and anticipated impacts to the human environment were analyzed in the June 2003 Final Environmental Assessment and Finding of No Significant Impact for the Hanalei Valley/Hanalei National Wildlife Refuge Scenic Stop (2003 EA) (HDOT and FHWA 2003). A Finding of No Significant Impact (FONSI) was signed selecting both the location for the new viewpoint and the facility design elements which were to be used in developing the final design of the new viewpoint (HDOT and FHWA 2003). Final design was delayed until the proposed project was reinitiated in 2016.

The proposed viewpoint would function independently of the existing overlook, which is located just southwest of the main entrance to the Princeville shopping center. The existing overlook is primarily under jurisdiction of HDOT and neither the Service nor HDOT are proposing changes.

Constructing the new viewpoint would require clearing approximately 1.5 acres of an abandoned plant nursery that is overrun with non-native species and nursery debris. Approximately 0.5 acres would be paved for parking and approximately 0.1 acres would be paved for pedestrian trails. The remaining area would be landscaped and seeded to prevent potential erosion.

The viewpoint would serve to welcome and orient visitors to Hanalei Valley and Hanalei NWR. The location would provide safe access to and from Kuhio Highway, an improved visitor experience with short trails, lookouts, an orientation kiosk, and interpretive signage. The viewpoint would include the following program elements:

• Entrance sign and security gate

• Viewpoints for the Hanalei Valley, River, and Bay

• Welcome and orientation area

• Visitor contact area

• Low-impact development of on-site stormwater management

• Interpretive and educational displays

• Safe site access

• Landscaping with native and beneficial non-native plants

• Universal accessibility

• Perimeter fence

• Vehicle and tour bus parking

• Pre-engineered vault toilets

• Screening and buffering from adjacent land uses

The viewpoint is considered a “public purpose use” under HAR 13-5-22 P-6 Public Purpose Uses (D- 1), which means that not-for-profit land uses undertaken in support of a public service by an agency of the county, state, or federal government, which are allowed uses within the Resource subzone of a Conservation District, require a board permit. The Service intends to submit a Conservation District Use Application to the DLNR (HAR § 13-5-22). As part of the approval process for the new viewpoint, HAR §13-5-31(a) requires submission of an HRS Chapter 343 final EA. HDOT is the state’s proposing and approving agency due to partial funding of the project and use of Kuhio Highway right-of-way.

The approving agency will issue its determination of significance related to the 13 administrative criteria for significant impacts described in HAR §§ 11-200-12 in a notice of determination letter to the Office of Environmental Quality Control (OEQC). In accordance with the provisions of HRS Chapter 343, this EA concludes that the proposed project will not have significant adverse impacts on the environmental quality of the area. The key elements of this finding are as follows:

Consistency with State of Hawaii Environmental Policy: The project is consistent with the goals of Hawaii environmental policy. The project establishes a new viewpoint for public recreational and educational use. The viewpoint and interpretive displays would enrich the understanding of the ecological systems and natural resources important to the people of Hawaii.

Historic and Cultural Sites: The proposed project would have no impact on historic or cultural sites.

The cultural resources survey conducted for the 2003 EA concluded that there was no sign of surface archaeological sites and no pre-contact land alteration anywhere in the project area (Cultural Surveys Hawaii, Inc. 2000). The State Historic Preservation Officer (SHPO) concurred with a finding of “no adverse effect” on March 1, 2019. Interpretive signage at the proposed viewpoint would provide information on the cultural and natural history of the valley.

Flora and Fauna: The project would clear approximately 1.5 acres of an abandoned plant nursery overrun with non-native species. Any restorative landscaping would include only native and beneficial non-native plants. The opeapea (Hawaiian hoary bat), a federally endangered species, is known to roost and forage in the vegetation along the Hanalei Valley ridgeline. To minimize impacts to the Hawaiian hoary bat, site clearing would be timed to avoid disturbance during the bat-birthing and pup-rearing season (June 1 through September 15). During this time, woody plants greater than 15 feet tall would not be disturbed, removed, or trimmed. There would be no direct or indirect impacts to listed waterbirds, seabirds, or plants (USFWS 2016).

Socioeconomic Environment: There would be no significant direct effect to social or economic activities at the site of the proposed viewpoint since none occur there now. The site is used for composting vegetation, but several other composting and green waste sites exist on the North Shore of Kauai. Constructing the proposed viewpoint would have a negligible to minor effect on the North Shore’s socioeconomic environment. Construction would add approximately $3.3 million to the local economy as materials are purchased and a construction company is hired. Based on current visitation at the existing overlook, the estimated number of people traveling through the area that might stop along the way, and visitors to Kilauea Point NWR, the Service forecasts up to 1,000 visitors a day to the new viewpoint. The viewpoint would generate minimal economic activity because the Service is not proposing to permit commercial sales on the site; however, commercial tour operators would be required to operate under a commercial special use permit (SUP) and at some point the Service could propose a modest entrance fee to the site to help pay for maintenance and operations.

Visual and Aesthetic Resources: There would be minimal impact upon visual or aesthetic resources.

The proposed viewpoint would provide viewing portals with panoramic views of the Hanalei Valley, which would offer a slightly different vantage point than that offered by the existing overlook. The view would include Hanalei NWR with its taro fields against the dramatic mountain backdrop of Halelea Forest Reserve. Hanalei Town and Hanalei Bay would also be visible from the viewpoint.

This view is not available at the existing overlook and the new site offers much more room to safely park and provide interpretation and environmental education. To minimize visual impacts, the viewpoints would be built on-grade and integrated into the surrounding landscape. Landscaping and retention of much of the existing vegetation along the bluff would screen the parking area from the valley floor and would provide screening of the viewpoint for residences on the valley floor.

Traffic: Construction of acceleration and deceleration lanes on Kuhio Highway would require temporary lane closures and traffic delays. No long-term delays to traffic on the highway are anticipated. Following construction of the new viewpoint and with projected increases in traffic volume that would occur regardless of the new viewpoint, Kuhio Highway is forecast to operate at an acceptable Level of Service (LOS), as would the turning movements into and out of the new viewpoint (Austin, Tsutsumi & Associates, Inc. 2018).

CHAPTER 1. PURPOSE AND NEED FOR ACTION

1.1 Introduction

The U.S. Fish and Wildlife Service (Service) is the primary federal agency responsible for conserving and enhancing the nation’s fish and wildlife populations and their habitats. Although the Service shares this responsibility with other federal, state, tribal, territorial, local, and private entities, the Service has specific trust responsibilities for migratory birds, federally listed threatened and endangered species, and certain anadromous fish and marine mammals. Service efforts over the last 100 years to protect wildlife and their habitats have resulted in a network of protected areas that form the National Wildlife Refuge System (Refuge System). This network of protected areas is the largest and most diverse of its kind in the world. Refuge System lands provide essential habitat for numerous wildlife species, wildlife-dependent recreational opportunities for the public, and a variety of benefits to local communities.

This Environmental Assessment (EA) has been prepared pursuant to requirements of the National Environmental Policy Act (NEPA), as amended (42 U.S.C. 4321-4347), Hawaii Revised Statutes (HRS) Chapter 343, as amended, and Hawaii Administrative rule (HAR) Title 11, Chapter 200.

Compliance with HRS 343 and HAR Title 11 is initiated because of the use of state funds and a state right-of-way along Kuhio Highway (State Route 56), and any land use within any land classified as a Conservation District by the state land use commission under chapter 205, HRS also triggers compliance with the Hawaii Environmental Policy Act (HEPA).

1.2 Background

In 2003, a new viewpoint with spectacular views of the Hanalei Valley, Hanalei Bay, and the Hanalei National Wildlife Refuge (Refuge, NWR) was proposed through a public-private partnership involving the State of Hawaii Department of Transportation Highways Division (HDOT), the Federal Highway Administration (FHWA), the Princeville Corporation, and the Service. The proposed viewpoint would be located along the Kuhio Highway approximately 1/10th of a mile east from the intersection of Kuhio Highway and Kahaku Road (the main entrance to Princeville). (See Figure 1.)

The site, conceptual facility design and operations, and anticipated impacts were analyzed in the June 2003 Final Environmental Assessment and Finding of No Significant Impact for the Hanalei Valley/ Hanalei National Wildlife Refuge Scenic Stop (2003 EA) (HDOT and FHWA 2003) which is incorporated by reference. The 2003 EA evaluated alternatives for the proposed viewpoint, including a no action alternative, and the anticipated impacts to the human environment associated with the alternatives. The 2003 EA was prepared in compliance with NEPA and the Hawaii Environmental Policy Act (HEPA) (HRS, Chapter 343; HAR Title 11). The Finding of No Significant Impact (FONSI), signed by FHWA and HDOT, selected both the location for the new viewpoint and the facility design elements which were to be used in developing the final design of the new viewpoint.

As a cooperating agency to the 2003 EA, the Service participated in scoping, development of alternatives, environmental effects analysis review, response to public comments, and finalization of the 2003 EA/ FONSI.

In 2004, the Service issued its own FONSI (USFWS 2004) for expanding the boundary of Hanalei NWR and constructing the viewpoint at the site selected by the 2003 EA/FONSI. The FONSI described why the Service believed the reasonably foreseeable impacts associated with the new viewpoint were not significant and it is also incorporated by reference. The Hanalei NWR boundary was expanded in anticipation of accepting a donation of land that would accommodate the proposed viewpoint (USFWS 2004). The donation never happened and the project stalled.

In 2016, the Service, in coordination with the County of Kauai, HDOT, and public stakeholders reinitiated the design process and completed a feasibility study to update the never-completed 2003 design (BergerABAM 2016). The feasibility study is incorporated by reference.

The feasibility study evaluated four design concepts that were provided to the public at a March 2016 meeting at Hale Halewai in Hanalei to obtain public feedback. Based on comments received, a conceptual design incorporating elements from the different concepts was developed; however, as the total budget for this project and estimated costs for the proposed concept were refined, the cost of the proposed 2016 concept was determined to far exceed the project’s budget, making implementation not feasible at present and speculative into the future. This concept plan is discussed in this EA as an alternative that was considered but eliminated from detailed analysis (Section 2.3) in order to provide the public with an idea of the original design based on the comments from the March 2016 meeting.

It is not evaluated in this EA because concepts that are not feasible and are speculative are not considered to be ready for NEPA analysis (Bass et al. 2001). Although the Service’s preferred alternative is pared back from the 2016 conceptual design to fit within budgetary constraints, the preferred alternative preserves the opportunity for elements to be added at some future date if additional funding and support become available from partners. If such improvements were proposed in the future, the Service would complete additional NEPA analysis, including public involvement and comments.

1.3 Proposed Action

The Service proposes to implement the preferred alternative described in this EA, which would include two scenic viewpoints connected by an interpretive path, an interpretive kiosk, a 23–25 car parking lot, and toilets (funding dependent). For purposes of comparison, in the 2003 EA/FONSI, the preferred alternative included more infrastructure such as a new visitor information center, a maintenance building, and a much larger parking lot.

The current proposed action would address site capacity issues at the existing overlook, which at present can only accommodate a maximum of about 10 cars in a chaotic parking and ingress/egress configuration, by providing a larger viewpoint and parking lot located off Kuhio Highway. The preferred alternative is described in Section 2.2.

1.4 Decision to be Made

Based on the analysis documented in this EA, the Service will decide whether or not to implement the preferred alternative. If the Service decides to construct the viewpoint, this EA will inform the decision about whether a FONSI can be reached. If any effects are found to be significant, an Environmental Impact Statement would be developed. Significant, as used in NEPA, requires consideration of the context, intensity, and duration of the effects. Context refers to the affected environment in which a proposed action would occur. Intensity means, or refers to, the severity or magnitude of the impact. The duration of an effect has to do with how long the effect will persist.

Direct (short-term), indirect (long-term), and cumulative effects are relevant.

1.5 Purpose and Need for the Project

The purpose of the project is to develop a Hanalei Valley Viewpoint at Hanalei NWR, which would provide residents and visitors with a quality national wildlife refuge experience that includes opportunities to learn about the natural and cultural history of the Hanalei Valley and the Refuge.

The project is needed because the existing overlook has inadequate parking, uncontrolled vehicular access, a viewing area too close to the Kuhio Highway that detracts from the visitor’s experience, and inadequate space for informational displays or stationing of Refuge staff or volunteers to provide outreach and information to the public.

Figure 1. Proposed Hanalei Valley Viewpoint

CHAPTER 2. ALTERNATIVES

Although several conceptual designs were developed for the site, only two alternatives, the no action and the Service’s preferred alternative, have been carried forward for detailed study. As described in Section 1.2, budgetary constraints have placed limitations on what can be developed at the site. A concept of what might be developed at some point in the future, should budgetary limitations be addressed, is presented as an alternative that was considered but was not forwarded for detailed study.

Only the southern portion of the existing overlook is on Hanalei NWR, with much of it on HDOT right-of-way. Any decision to modify access to the existing overlook would be made by HDOT and is outside the scope of this EA. The Service and HDOT plan no modifications to the existing overlook as part of this project.

2.1 Alternative 1: No Action

Under the no action alternative, a new viewpoint would not be constructed. The existing overlook would remain open and there would be no improvements made to the site. Conditions would remain as they are today.

2.2 Alternative 2: Hanalei Valley Viewpoint at Hanalei National Wildlife Refuge (Preferred)

Under Alternative 2, the Service would construct a new Hanalei Valley Viewpoint at Hanalei NWR on an approximately 5.4-acre parcel at the north end of TMK parcel (4) 5-3-001-016, the same site selected in the 2003 EA/FONSI and the Service’s 2004 FONSI. A subdivision would be necessary to develop the Hanalei Valley Viewpoint. The subdivision would involve the removal of approximately

5.428 acres from TMK parcel (4) 5-3-001-016, which is owned by Kalihiwai Investors, LLC. The Service would acquire the land from Kalihiwai Investors, LLC, and incorporate it into the Hanalei NWR. The proposed subdivision is also a land use within the State Land Use Conservation District pursuant to HAR 13-5-22 P-10 Subdivision or Consolidation of Property (D-1).

The parcel from which the new viewpoint would be subdivided is approximately 174 acres and stretches almost three miles along Hanalei Valley’s eastern rim. The portion to be subdivided was once the site of a plant nursery. Under an agreement with a local landscape company, the site is currently used to compost plant debris and as a staging area for plants until they are needed. That agreement is in place until the Service acquires the parcel from Kalihiwai Investors, LLC.

The new 5.4-acre parcel would be bordered by Kuhio Highway to the north, private land to the east, and Hanalei Valley to the south and west. Construction of the entrance road, parking area, kiosk, and viewpoints would be funded by the Service and grants from FHWA, HDOT, and Kauai County.

Alternative 2 proposes a viewpoint that would serve to welcome and orient visitors to Hanalei Valley and Hanalei NWR. The viewpoint would feature world-class scenic views of Hanalei Bay, Valley, River, and Refuge. It would provide engaging and educational experiences for visitors of all ages and learning styles related to the Refuge’s wildlife, endangered species recovery goals, cultural resources, and the history of the area. The location would provide safe access to and from Kuhio Highway, parking stalls for cars and tour buses, and a quality visitor experience with short trails, overlooks, an orientation kiosk, and interpretive signage. The viewpoint would be open from 6:00 a.m. to 30 minutes past sunset. The preferred alternative includes the following program elements:

Safety and Security Welcome and Orientation

Perimeter fencing Entry sign

Security gate Parking for approximately 25 cars

Privacy wall at east property line Short-term parking for tour buses

Regulatory signage Welcome and orientation kiosk

Formalized ingress/egress from Kuhio Hwy Wayfinding signage

Acceleration and deceleration lanes on Kuhio Hwy

Interpretation, Education, and Community

Turn lanes on Kuhio Hwy Interpretive displays

Gathering space for educational programs

Universal Accessibility Short trails to two viewpoints

Two accessible parking spaces

Walking surfaces Sustainability, Environment, and Viewsheds

Views Low-impact development

Seating On-site sustainable stormwater management

Landscape restoration

Visitor Amenities Landscaping with native/non-invasive plants

Trash receptacles Vegetative screening and buffering from adjacent land uses

Three pre-engineered vault toilets

About 1.5 acres of mostly non-native woodland and brush would be cleared. Approximately 0.5 acres would be paved for parking and approximately 0.1 acres would be paved for pedestrian trails. The remaining area would be landscaped with native and beneficial non-native plants and seeded to prevent soil erosion. All construction staging would be within the areas to be disturbed. No off-site staging is necessary.

Figure 2. Hanalei Valley Viewpoint Site Plan

To facilitate safe ingress to the site, a deceleration lane would be constructed for eastbound travelers on Kuhio Highway turning right to enter the viewpoint. An acceleration lane would be constructed to facilitate a safe merge for travelers leaving the viewpoint turning right (eastbound) onto Kuhio Highway. A new left turn lane would be added for vehicular traffic traveling westbound on Kuhio Highway to enter the viewpoint. An acceleration lane would be added to provide vehicles turning left onto the highway space to accelerate before merging into westbound traffic. HDOT would maintain all improvements within the state’s right-of-way.

As required in the land transfer agreement, a wire mesh perimeter fence would be installed along the highway, the site would be secured at night with an electric rolling vehicle gate with a timer and keypad, and a privacy wall with a vegetated berm would be constructed along the east property boundary to screen nearby residences. The site would not be lighted. The gate would be powered by an on-site photovoltaic panel. The parking area would be curbed or controlled with concrete wheel stops to direct foot traffic to the paved pathways. Trees and shrubs native to Kauai would be planted along Kuhio Highway to screen the viewpoint from the highway.

Interpretive themes would highlight the unique elements of the Refuge, including the Refuge’s establishment purpose and role as one of the most important sites in the state providing essential life history requirements for and aiding in the recovery of five endangered water birds that occur there;

the taro fields and their importance in Hawaiian culture and in providing habitat for endangered waterbirds; the importance of the Refuge as a wintering and stopover location for migratory waterfowl and shorebirds from both North America and Asia; and the Service’s management efforts related to habitat needs, invasive species, plants, fish, and wildlife. Stakeholders, partner organizations, and interested community leaders have contributed to the content of interpretive panels and other materials associated with the viewpoint and have offered to continue to provide review and feedback.

Accommodations for Persons with Disabilities and Universal Accessibility

The project design complies with the requirements of the Architectural Barriers Act standards for the parking area, bus parking, toilets, and welcome/orientation plaza and kiosk. All pavement cross-slopes (slopes perpendicular to the direction of travel) would be a maximum of 2 percent. All ramps would have a maximum slope of 1:12 (vertical:horizontal). No changes in level greater than 0.5 inches would be allowed without a ramp. Changes in level between 0.25 and 0.5 inches would be beveled with a slope no greater than 1:2 (vertical:horizontal). Curb ramps would be required wherever accessible access routes cross a curb. Detectable warning tiles would be provided where pedestrian routes intersect with vehicle parking areas. The maximum running slope in this area is 4.7 percent and would not require ramps or handrails.

The pathways from the welcome/orientation plaza to the viewpoints would follow the Outdoor Recreation Access Routes (ORAR) standards. The ORAR is a continuous, unobstructed path that is intended for pedestrian use and that connects accessible elements, spaces, and facilities within viewing areas. The ORAR surface would be slip-resistant concrete paving with a minimum width of 72 inches. The maximum running slope would be 8.33 percent with a maximum segment length of 50 feet. Resting intervals of 60 inches in length will be proved between segments. Cross slopes of the ORAR would not exceed 2 percent.

Viewing areas would be provided at the two viewpoint locations. The surface of the viewing areas would be slip-resistant concrete paving with a maximum slope of 2 percent in any direction. The viewing areas exceed the minimum clear space requirements of 36 inches by 48 inches and would adjoin the ORAR. The viewing areas would be enclosed with 42-inch-tall walls that would provide fall protection if necessary.

Catch basin and drain inlet grates would have spaces no greater than 0.5-inch in all directions. If gratings have elongated openings, they would be placed so the long dimension is perpendicular to the dominant direction of travel. No gratings would be located in pedestrian areas.

On-site Utilities

On-site utility improvements at the viewpoint would be limited to stormwater improvements for the new parking area, landscape, and driveway. Surface runoff from the site and the parking area would be directed to landscape swales, which would convey storm water to 24-by-24-inch catch basins.

Runoff from the…