A.02.13 PWS Attachment 1 - FEMA Environmental Protection Plan.pdf

Hawaiʻi Wildfire Environmental Protection Plan 1

Hawai`i Wildfire Environmental Protection Plan

Household Hazardous Waste Removal; Private Property

Debris Removal and other Disaster Debris Operations

DR-4724 HI Maui County

September 2023; Version 0

Prepared for: Federal, State, and local partners associated with Hawai`i Wildfire Response and

Recovery Operations

Hawaiʻi Wildfire Environmental Protection Plan 2

TABLE OF CONTENTS

I. Introduction

a) Purpose

b) Implementation

II. Regulatory Agency Roles

III. Principal Federal/State Laws and Executive Orders

IV. Resource Agency Best Management Practices

Section 1: Project Planning

Section 2: Pollution Prevention and Equipment Storage

Section 3: Sediment and Erosion Control

Section 4: Vegetation and Tree Removal

Section 5: Watercourse Crossing and Bank Stabilization

Section 6: Fish and Wildlife Protection BMPs

V. Environmental and Historic Preservation Compliance

a) Site Assessments

b) Training for Contractors

c) Monitoring and Mitigation of Impacts

d) Final Reporting Obligations

VI. EPP Definitions

VII. Appendices

Appendix A: U.S. Fish and Wildlife Covered Species Table

Appendix B: U.S. Fish and Wildlife Best Management Practices and Programmatic Conservation Measures Appendix C: U.S. Fish and Wildlife Avoidance and Minimization Measures

Appendix D: National Marine Fisheries Service Best Management Practices

Appendix E: Invasive Species Biosecurity Protocols

Appendix F: Federal General Negative Consistency Determination

Appendix G: State Historic Preservation Division Notification Letter with Enclosures, including Archaeological Treatment Plan

Hawaiʻi Wildfire Environmental Protection Plan 3

LIST OF ACRONYMS

AMM Avoidance and Minimization Measures

ATP Archeological Treatment Plan

BMP Best Management Practice

CM Conservation Measures

CWA Clean Water Act

CRR Cultural Resource Report

DOD Department of Defense

DOFAW Division of Forestry and Wildlife

DOH Department of Health

DLNR Department of Land and Natural Resources

EFH Essential Fish Habitat

EPA Environmental Protection Agency

EPP Environmental Protection Plan

FEMA Federal Emergency Management Agency

HHP Hawaii Historic Preservation

HHW Household Hazardous Waste

IDP Inadvertent Discovery Plan

LFA Lead Federal Agency

NEPA National Environmental Policy Act

NHO Native Hawaiian Organizations

NHPA National Historic Preservation Act

NMFS National Marine Fisheries Service

OHA Office of Hawaiian Affairs

OFA Other Federal Agencies

PA Programmatic Agreement

PPDR Private Property Debris Removal

SHPD State Historic Preservation Divsion

SOW Scope of Work

USACE United States Army Corps of Engineers

USCG United States Coast Guard

USFWS United States Fish and Wildlife

Hawaiʻi Wildfire Environmental Protection Plan 4

I. Environmental Protection Plan: Introduction

During a State of Emergency, immediate response is necessary to protect the life and safety of the public from exposure to uncontrolled hazards, debris flows, hazardous materials, and toxic substances. Wildfire disasters can create the threat of potential exposures to toxic substances within dust, contaminated soils and debris as a result from the disaster event. In addition, wildfires commonly leave the threat of hazardous trees within reach of private parcels, public property, and public infrastructure immediately following the disaster event.

Without proper identification, handling, and removal of contaminates, ash and debris;

response personnel and the public will continue to be at risk of exposure. Residents are unable to return to their communities and the public is unable to begin recovery actions until all hazards from the wildfire burn scar areas are properly removed from the impacted areas. To reduce the risk of exposures to contaminates, ash and debris and to actively mitigate the threat of public safety, the State of Hawaii has requested assistance from several federal, state and local partners to initiate disaster response efforts. The Federal

Emergency Management Agency (FEMA), Environmental Protection Agency (EPA), U.S

Army Corps of Engineers (USACE) and U.S Coast Guard (USCG) have been engaged for planning, assessment, response and recovery actions for the 2023 Hawaiʻi Wildfires.

These actions include (but are not limited to) the evaluation and monitoring of immediate public health and safety threats; household hazardous waste identification, collection, and removal; the assessment, testing and removal of hazardous materials, pollutants, contaminants within the wildfire burn scar area; private property debris removal;

commercial property and public right-of-way debris removal; the development of access routes and temporary staging areas needed for debris processing, hazardous tree removal and vessel debris removal.

The State of Hawai`i and Maui County collectively issued emergency suspension authorizations immediately following the incident by Authority Secretaries which specified a comprehensive list of suspended environmental laws, regulations, and requirements for wildfire recovery activities.

Federal law stipulates that emergency activities funded by FEMA included under the

Governor’s suspensions are to be carried out in accordance with a plan that balances expeditious recovery efforts while still ensuring environmental compliance requirements are met. This Environmental Protection Plan (EPP) forms the baseline for any respective agency to initiate disaster debris and hazard tree removal activities conducted within State or local jurisdictions (pursuant to the suspensions) by maintaining environmental compliance requirements through the implementation of required Best Management

Practices (BMPs); Conservation Measures (CMs); Avoidance and Minimization Measures

Hawaiʻi Wildfire Environmental Protection Plan 5

(AMMs); an Archeological Treatment Plan (ATP) and other treatment measures contained therein to ensure all Federal, State and local environmental and historic preservation compliance requirements are achieved.

Hawaiʻi Wildfire Environmental Protection Plan 6

A.) Purpose

This EPPʻs purpose is to provide protections that accelerate disaster cleanup response and recovery functions while ensuring the protection of public safety, health, and natural resources. This plan serves as a general guideline to outline standard best management practices for Federal, State and Local regulation requirements needed to protect aquatic, wildlife and cultural resources as the scope and scale of disaster operations continue to develop. This plan may be amended, as necessary to apply to debris removal activities for additional seasonal wildfires; to add BMPs, defined by another state agency; or to add

AMMs for federally declared disasters, or by federal resource agencies upon request. In accordance with each agency’s statutory responsibilities, this document was prepared to include resource agency recommendations to ensure disaster operational functions and debris removal activity timelines can be expedited while conforming to applicable resource laws and regulations.

B.) Implementation

The EPP shall be implemented by all Federal, State and local entities conducting, overseeing and/or funding debris removal activities and must include coordination with the appropriate regulatory resource agencies, as needed. When local jurisdictions implement the EPP and conduct debris removal activities, they must coordinate with the State of

Hawai`i to ensure that such actions have been authorized by Agency Secretaries and all eligibility requirements have been met prior to the initiation of work. Federal law stipulates that all contractors (or subcontractors) undertaking any associated work will have provided appropriate documentation to demonstrate sufficient qualifications and training to do so.

This will ensure that EPP compliance is implemented in a manner that is legally sufficient.

II. Regulatory Agency Roles

The federal, state, and local agency roles and responsibilities for administering disaster recovery activities are summarized below.

1. Federal Agencies

Federally declared disasters are administered in accordance with the Robert T Stafford

Disaster Relief and Emergency Assistance Act (Stafford Act). The Federal Emergency

Management Agency is defined as the Lead Federal Agency (LFA) for this disaster response effort and subsequently is required to abide by Federal statutes. Other Federal

Hawaiʻi Wildfire Environmental Protection Plan 7

Agencies (OFA) have been and will be utilized under mission assignments or other agreements to complete mission essential components of disaster response activities.

FEMA and OFAs have initiated emergency consultations with the U.S Fish and Wildlife

Service (USFWS); the National Marine Fisheries Service (NMFS) (collectively referred to as the Services); the Hawai`i State Historic Preservation Division (SHPD); the Office of

Hawaiian Affairs (OHA) to establish all required measures to be implemented during immediate disaster response in an effort to minimize and/or mitigate impacts to federally protected species, critical habitats, essential fish habitats, archeological, cultural resources and historic properties, to the fullest extent possible. Through the consultation process, BMPs, CMs, AMMs, ATP, IDP and other specified measures are well defined and agreed upon by FEMA/OFAs with each responsible regulatory agency directly to expedite disaster recovery activities at the beginning of a Federally declared disaster event.

In practice, the BMPs, CMs and AMMs are to be implemented in accordance with such

Section 7 consultations with the USFWS/NMFS. A covered species table and the list of measures are contained in the appendices of this document, for reference. Federal compliance with Section 7 of the Endangered Species Act shall be achieved, maintained, and formally documented throughout the duration of debris removal activities.

In practice, the ATP and the IPD are to be implemented in accordance with such Section

106 consultations with the SHPD, OHA and NHOs. The treatment measures to be implemented are contained in the appendices of this document, for reference. FEMA’s framework and authority for initiating consultation is established in the Programmatic

Agreement (PA) among FEMA, the SHPD, the OHA, and the State of Hawai`i

Department of Defense (DOD). The protocols in the IDP must be followed in the event of an unexpected discovery where cultural resources (artifacts or archaeological features older than 50 years old) and/or human remains are encountered during ground disturbing activities, or if it appears that project work has affected (or will affect) a known historic property or cultural resources in an unanticipated manner as per Stipulation III.B of the

PA. Federal compliance with Section 106 of the National Historic Preservation Act shall be achieved, maintained, and formally documented throughout the duration of debris removal activities.

2. State Agencies

If a State Authority Secretary stipulates that State statutes, laws, regulations, and requirements have been suspended, the requirements specified in the EPP will still apply.

Refer to the State of Hawaiʻi Office of the Governor’s Emergency Proclamations for reference. The lead State agency for disaster recovery is responsible for insuring state

BMPs specified in this EPP are implemented, documented and resource agency consultations have been followed. Applicable state agency permits are still required

Hawaiʻi Wildfire Environmental Protection Plan 8 and will need to be obtained. A list of State statues to be implemented are contained in this document.

3. Local Agencies

If a Local Authority Secretary stipulates that local statutes, laws, regulations, and requirements have been suspended, the requirements specified in the EPP will still apply.

Refer to the Hawaiʻi Office of the Mayor, Maui County Emergency Proclamations for reference. The local agency for disaster recovery is responsible for insuring BMPs specified in this EPP are implemented, documented and resource agency consultations have been followed. Applicable local agency permits are still required and will need to be obtained.

III. Principal Federal/State Laws and Executive Orders

Federal Laws and Executive Orders

National Environmental Policy Act (NEPA): FEMA Directive 108-1 directs federal agencies to thoroughly assess the environmental consequences of major federal actions significantly affecting the environment.

FEMA Directive 108-1 ; DHS Directive 023-01, Rev 01; Regulations at 40 CFR Part 1500-1508.

National Historic Preservation Act (NHPA): Section 106 directs federal agencies to consider the effect of a federally funded project on historic properties. "Historic property" is any district, building, structure, site, or object that is eligible for listing in the National

Register of Historic Places because the property is significant at the national, state, or local level in history, architecture, archeology, engineering, or culture.

Protection of Historic Properties (36 CFR Part 800)

Hawaii Historic Preservation (HHP): Chapter 6E is triggered when a project impacts privately owned property that is listed on the Hawaiʻi Register of Historic Places (HRHP) or when a state or county project may affect a historic property whether it is listed on the

HRHP or not. Chapter 6E requires consultation with the SHPD, the primary consultation agency, and with the OHA, as necessary.

Ch6e92 (hawaii.gov)

Endangered Species Act (ESA): Section 7 directs federal agencies to ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat or Essential Fish Habitat (EFH).

eCFR :: 50 CFR Part 402 -- Interagency Cooperation—Endangered Species Act of 1973, as Amended

Hawaiʻi Wildfire Environmental Protection Plan 9

Magnuson–Stevens Fishery Conservation and Management Act (MSA): This law fosters the long-term biological and economic sustainability of marine fisheries by preventing overfishing, rebuilding overfished stocks, increasing long-term economic and social benefits, ensuring a safe and sustainable supply of seafood and protecting habitat that fish need to spawn, breed, feed, and grow to maturity.

eCFR :: 50 CFR Part 600 -- Magnuson-Stevens Act Provisions

Marine Mammal Protection Act (MMPA): This act includes a national policy to prevent marine mammal species and population stocks from diminishing, as a result of human activities, beyond the point at which they cease to be significant functioning elements of the ecosystems of which they are a part.

Full text of the Marine Mammal Protection Act (as amended 2019)

Migratory Bird Treaty Act (MBTA): This act is intended to ensure the sustainability of populations of all protected migratory bird species.

eCFR :: 50 CFR Part 21 -- Migratory Bird Permits

Hawaiʻi Wildfire Environmental Protection Plan 10

Clean Water Act (CWA): This law governs water pollution to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands.

Summary of the Clean Water Act | US EPA

Clean Air Act (CAA): This law governs federal air quality, intended to reduce and control air pollution nationwide.

eCFR :: 40 CFR Chapter I Subchapter C -- Air Programs

Coastal Zone Management Act (CZMA): This law governs federal agencies to follow the Federal Consistency provisions to protect the coastal environment from growing demands associated with residential, recreational, commercial, and industrial uses. The

Hawaiʻi Office of Planning and Sustainable Development has provided a Coastal Zone

Management Act Federal Consistency General Negative Determination for Repair, Reconstruction, and Emergency Activities Under FEMA-4724-DR-HI, which can be found in Appendix F of this document.

eCFR :: 15 CFR Part 923 -- Coastal Zone Management Program Regulations

Resource Conservation and Recovery Act (RCRA): This law creates a framework for the proper management of hazardous and non-hazardous solid waste.

Resource Conservation and Recovery Act (RCRA) Regulations | US EPA

Executive Order 11988 Floodplain Management: This EO requires federal agencies to avoid or minimize the adverse impacts of their activities on floodplains. Federal agencies must use an eight-step process to evaluate the alternatives and consequences of their actions in or affecting the floodplain.

Executive Order 11988 Floodplain Management (dot.gov)

Executive Order 11990 Wetlands Protection: This EO requires federal agency actions to avoid, to the extent possible, adverse impact on wetlands. This EO requires minimization of the destruction, loss or degradation of wetlands and encourages preservation and enhancement of wetland natural and beneficial values.

Executive Order 11990: Protection Of Wetlands (energy.gov)

Executive Order 12898 Environmental Justice: This law directs federal agencies to avoid disproportionately high and adverse environmental effects on low-income and minority populations.

Executitve Order 12898: Environmental Justice (archives.gov)

Hawaiʻi Wildfire Environmental Protection Plan 11

Executive Order 13089 Coral Reef Protection: This EO directs all federal agencies to protect coral reef ecosystems to the extent feasible, and instructs particular agencies to develop coordinated, science-based plans to restore damaged reefs as well as mitigate current and future impacts on reefs, both in the United States and around the globe.

Executive Order 13089 Coral Reef Protection (coralreef.gov)

Executive Order 13112 Invasive Species: This EO requires federal agencies to take steps to prevent the introduction and spread of invasive species, and to support efforts to eradicate and control invasive species that are established.

Executive Order 13112 Invasive Species (govinfo.gov)

Hawaiʻi Wildfire Environmental Protection Plan 12

State Statutes, Laws and Regulations

Hawai`i Environmental Policy Act (HEPA): Chapter 343 (HRS)

The purpose of this chapter to establish a system of environmental review which will ensure that environmental concerns are given appropriate consideration in decision making along with economic and technical considerations.

CHAPTER 343 (hawaii.gov)

Environmental Review Program (hawaii.gov)

State of Hawai`i Environmental Policy: Chapter 344 (HRS)

The purpose of this chapter is to establish a state policy which will encourage productive and enjoyable harmony between people and their environment, promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of humanity, and enrich the understanding of the ecological systems and natural resources important to the people of Hawai`i.

[CHAPTER 344] (hawaii.gov)

Environmental Review Program (hawaii.gov)

Hawai`i Historic Preservation Law: Chapter 6E (HRS)

SHPD, OHA, Historic Places Review Board, Burial Councils

Described in the previous section under the HHP.

Ch6e92 (hawaii.gov); State Historic Preservation (hawaii.gov); The Office of Hawaiian Affairs (OHA)

Prehistoric and Historic Burial Sites: Chapter 6E-43 (HRS)

SHPD, OHA, Burial Councils

At any site, other than a known, maintained, actively used cemetery where human skeletal remains are discovered or are known to be buried and appear to be over fifty years old, the remains and their associated burial goods shall not be moved without the department's approval.

Island Burial Councils; Creating; Appointment; Composition; Duties: Chapter 6E-

43.5 (HRS) SHPO, OHA, Burial Councils

The department shall establish island burial councils for Hawaii, Maui/Lanai, Molokai, Oahu, and Kauai/Niihau, to implement section 6E-43.

Inadvertent Discovery of Burial Sites: Chapter 6E-43.6 (HRS)

SHPD, OHA, Burial Councils

In the event human skeletal remains are inadvertently discovered, any activity in the immediate area that could damage the remains, or the potential historic site shall cease until the requirements of subsections (b) to (d) have been met.

h6e92 (hawaii.gov); State Historic Preservation (hawaii.gov); The Office of Hawaiian Affairs (OHA)

Hawaiʻi Wildfire Environmental Protection Plan 13

Caves Protection Act: Chapter 6D (HRS)

It is unlawful for any person to intentionally, knowingly, or recklessly break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave, or the cave resources within the cave, whether attached or broken, including speleothems, speleogens, and sedimentary deposits, without the owner's written permission being first obtained.

House Bill (hawaii.gov)

Protection of Rights of Native Hawaiians: Article XII Section 5 Chapter 10 (HRS)

It shall be the duty and responsibility of all state departments and instrumentalities of state government providing services and programs which affect native Hawaiians and

Hawaiians to actively work toward the goals of this chapter and to cooperate with and assist wherever possible the office of Hawaiian affairs.

CHAPTER 10 (hawaii.gov); The Office of Hawaiian Affairs (OHA)

Aha Moku Advisory Committee: Chapter 171-4.5 (HRS)

The aha moku advisory committee may provide advice on the following [amongst others]:

integrating indigenous resource management practices with western management practices in each moku; identifying a comprehensive set of indigenous practices for natural resource management; fostering the understanding and practical use of native Hawaiian resource knowledge, methodology, and expertise; and sustaining the State's marine, land, cultural, agricultural, and natural resources.

Hawaii State Aha Moku

Hawaiian Homelands, Hawaiian Homes Commission Act of 1920 : Article XII

The HHCA provides for the rehabilitation of the native Hawaiian people through a government-sponsored homesteading program. Native Hawaiians are defined as individuals having at least 50 percent Hawaiian blood.

Department of Hawaiian Home Lands | Hawaiian Homes Commission Act

Native Hawaiian Organizations: Chapter 10H (HRS)

The purpose of this chapter is to provide for and to implement the recognition of the

Native Hawaiian people by means and methods that will facilitate their self-governance, including the establishment of, or the amendment to, programs, entities, and other matters pursuant to law that relate, or affect ownership, possession, or use of lands by the Native

Hawaiian people, and by further promoting their culture, heritage, entitlements, health, education, and welfare.

HRS (hawaii.gov); Native Hawaiian Organizations | U.S. Department of the Interior (doi.gov)

Native Hawaiian Support Organizations | U.S. Department of the Interior (doi.gov)

Hawaiʻi Wildfire Environmental Protection Plan 14

Hawai`i Endangered Species Act: Chapter 195D (HRS)

DOFAW; DLNR

This act ensures the continued perpetuation of indigenous aquatic life, wildlife, and land plants, and their habitats for human enjoyment, for scientific purposes, and as members of ecosystems, it is necessary that the State take positive actions to enhance their prospects for survival.

CHAPTER 195D (hawaii.gov)

Division of Forestry and Wildlife (hawaii.gov)

Hawaiʻi Wildfire Environmental Protection Plan 15

Hawai`i State Water Code: Chapter 174C (HRS)

CWRM, DNLR

The state water code shall be liberally interpreted to protect and improve the quality of waters of the State and to provide that no substance be discharged into such waters without first receiving the necessary treatment or other corrective action. The people of Hawaii have a substantial interest in the prevention, abatement, and control of both new and existing water pollution and in the maintenance of high standards of water quality.

[CHAPTER 174C] (hawaii.gov)

Commission on Water Resource Management (hawaii.gov)

Public Water Systems, Chapter 340E (HRS)

DOH

State Primary Drinking Water Regulations shall protect health to the extent feasible, using technology, treatment techniques, and other means which are generally available, taking cost into consideration. The State Primary Drinking Water Regulations shall be not less stringent than the National Primary Drinking Water Regulations in effect at that time.

CHAPTER 340E (hawaii.gov)

Safe Drinking Water Branch (hawaii.gov)

Hawai`i Water Pollution Control Law: Chapter 342D (HRS)

CWB, DOH

This statute states that the director [of health] may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varying local conditions.

CHAPTER 342D (hawaii.gov)

Clean Water Branch (hawaii.gov)

Protections for Aquatic Resources: Chapter 187A (HRS)

DAR, DLNR

The department shall adopt, amend, and repeal rules for and concerning the protection and propagation of introduced and transplanted aquatic life or the conservation and allocation of the natural supply of aquatic life in any area.

CHAPTER 187A (hawaii.gov)

Division of Aquatic Resources (hawaii.gov)

Hawai`i Air Pollution Control Act: Chapter 342B (HRS)

CAB, DOH

The director [of health] shall prevent, control, and abate air pollution and the emission of air pollutants in the State.

Hawaiʻi Wildfire Environmental Protection Plan 16

CHAPTER 342B (hawaii.gov) Clean Air Branch (hawaii.gov)

Coastal Zone Management: Chapter 205A (HRS)

The legislature finds and declares that it is the state policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawaiʻi. This chapter also describes special management areas, shoreline setbacks, marine and coastal affairs, and artificial lighting. The Hawaiʻi Office of Planning and Sustainable Development has provided a Coastal Zone Management Act Federal Consistency General Negative

Determination for Repair, Reconstruction, and Emergency Activities Under FEMA-4724-

DR-HI, which can be found in an appendix of the EPP.

CHAPTER 205A (hawaii.gov)

Office of Planning and Sustainable Development | About CZM (hawaii.gov)

Hazardous Waste: Chapters 342J (HRS)

SHWB, DOH

The legislature finds that hazardous waste must be managed in a manner that protects the health, safety, and welfare of the citizens of the State and protects and conserves the State's natural resources and environment.

CHAPTER 342J (hawaii.gov)

Solid & Hazardous Waste Branch (hawaii.gov)

Solid Waste Pollution: Chapter 342H (HRS) DOH

The director [of health] shall prevent, control, and abate solid waste pollution in the State

[and] may establish by rule the criteria for siting design, construction, financial responsibility, manifest, and operation of solid waste management systems.

CHAPTER 342H (hawaii.gov)

Solid & Hazardous Waste Branch (hawaii.gov)

Underground Storage Tanks, Chapter 342L (HRS)

DOH

The director [of health] may adopt, amend, and repeal state rules controlling and regulating underground storage tanks and tank systems. The tank and tank system shall be designed, constructed, installed, upgraded, maintained, repaired, and operated to prevent releases of the stored regulated substances for the operational life of the tank or tank system.

CHAPTER 342L (hawaii.gov)

Underground Storage Tanks Program (hawaii.gov)

Asbestos, Chapter 342P (HRS)

DOH

Hawaiʻi Wildfire Environmental Protection Plan 17

The director [of health] may establish work practice standards and notification requirements for the demolition and renovation of facilities containing asbestos and for lead-based abatement activities in dwellings and child-occupied facilities.

CHAPTER 342P (hawaii.gov)

Indoor and Radiological Health Branch | Asbestos Program (hawaii.gov)

Hawai`i Soil and Water Conservation District Law, Chapter 180 (HRS)

DLNR

A district organized under this chapter…shall have, [amongst other powers] the power to

Form associations to coordinate their policies, objectives, and actions, with power to create staffs, set policies, obtain and administer soil and water conservation district program funds, provide surety bonds, coordinate soil and water conservation district projects, and conduct director training.

CHAPTER 180 (hawaii.gov)

Hawaii Association of Conservation Districts and the Soil and Water

Conservation District Program

Soil Erosion and Sediment Control, Chapter 180C (HRS)

DLNR

The county governments, in cooperation with the soil and water conservation districts and other appropriate state and federal agencies, shall enact ordinances for the purpose of controlling soil erosion and sediment.

[CHAPTER 180C] (hawaii.gov)

Hawaii Association of Conservation Districts and the Soil and Water Conservation District

Program

Forest Reserves, Water Development, Zoning, Chapter 183 (HRS)

DLNR

The department shall adopt, amend, and repeal rules for and concerning the preservation, protection, regulation, extension, and utilization of forest reserves designated by the department.

HRS (hawaii.gov) Division of Forestry and Wildlife (hawaii.gov)

Conservation District, Chapter 183C (HRS)

DLNR

It is the intent of the legislature to conserve, protect, and preserve the important natural resources of the State through appropriate management and use to promote their long-term sustainability and the public health, safety, and welfare.

Hawaiʻi Wildfire Environmental Protection Plan 18

HRS (hawaii.gov) Office of Conservation and Coastal Lands | Conservation District (hawaii.gov)

Wildlife, Chapter 183D (HRS)

DLNR

The department shall adopt, amend, and repeal rules concerning the preservation, protection, regulation, extension, and utilization of, and conditions for entry into wildlife sanctuaries, game management areas, and public hunting areas designated by the department; protecting, conserving, monitoring, propagating, and harvesting wildlife.

CHAPTER 183D (hawaii.gov)

Division of Forestry and Wildlife (hawaii.gov)

State Parks, Chapter 184 (HRS)

DLNR

The department of land and natural resources, in addition to the other powers herein granted, for the purpose of performing its duties and functions may construct and operate suitable public services, facilities, and conveniences on any land under its jurisdiction and control.

HRS (hawaii.gov) Division of State Parks (hawaii.gov)

Exceptional Trees, Chapter 58 (HRS)

It is the policy of the State to safeguard exceptional trees from destruction due to improper land development, and the legislature finds that enactment of protective regulations by the counties to accomplish this is a valid and important public purpose.

House Bill (hawaii.gov)

Exceptional Tree Program (honolulu.gov)

Microsoft Word - arb ExcepTrees col pau.doc (mauicounty.gov)

Natural area reserve system, Chapter 195 (HRS)

DOFAW

A statewide natural area reserves system should be established to preserve in perpetuity specific land and water areas which support communities, as relatively unmodified as possible, of the natural flora and fauna, as well as geological sites, of Hawaii.

HRS (hawaii.gov) Division of Forestry and Wildlife: Native Ecosystems Protection & Management | Natural Area Reserves

System (hawaii.gov)

State Land Use Law, Chapter 205 (HRS)

There is a compelling state interest in conserving the State's agricultural land resource base

Hawaiʻi Wildfire Environmental Protection Plan 19 and assuring the long-term availability of agricultural lands for agricultural use to achieve the purposes of conserving and protecting agricultural lands; promoting diversified agriculture; increasing agricultural self-sufficiency; and assuring the availability of agriculturally suitable lands.

CHAPTER 205 (hawaii.gov)

Office of Planning and Sustainable Development | Land Use Division (hawaii.gov)

Noise Pollution, Chapter 342F (HRS)

DOH

In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate noise pollution in the State.

CHAPTER 342F (hawaii.gov)

Indoor and Radiological Health Branch | Noise – Forms and Links (hawaii.gov) https://health.hawaii.gov/irhb/files/2013/07/noiserefmaui.pdf

County Code of Ordinances

Maui County Code Title 20 – Environmental Protection

Air Pollution, Chapter 20.04

It is declared to be a public nuisance and unlawful for any person, firm or corporation in the County of Maui to cause, permit or allow to escape into the open air, smoke, soot, poisonous gases, dirt, dust or debris of any kind from any smokestack, chimney, flue or incinerator, or any opening of any building, or from any smoldering or open fires under his or its charge or control in such a manner or in such a place as to cause annoyance, detriment, or injury to the health of persons or damage to property. (Prior code § 22-7.1)

Soil Erosion and Sedimentation Control, Chapter 20.08

The purpose of this chapter is to provide minimum standards to safeguard life and limb, protect property, and promote public welfare, and to preserve and enhance the natural environment, including but not limited to water quality, by regulating and controlling grubbing and grading operations within the County. The public health, safety and welfare requires that environmental considerations contribute to the determination of these standards insofar as they relate to protecting against erosion and sediment production.

(Ord. 2684 § 1, 1998: Ord. 816 § 1 (part), 1975: prior code § 24-1.1)

(Ord. 3135 § 6, 2003: Ord. 2684 § 5, 1998)

Litter Control, Chapter 20.20

Removal of abandoned or derelict vehicles.

Any abandoned or derelict vehicle on public place or private property without authorization of the owner or occupant of the property may be towed away at the expense of the owner of the vehicle, by order of the owner, occupant, or person in charge of the property.

Hawaiʻi Wildfire Environmental Protection Plan 21

IV. Resource Agency Best Management Practices

This section comprises a comprehensive list of Best Management Practices (BMPs) provided by the following entities, including incorporation of comments from the U.S Army Corps of

Engineers:

Hawaii Department of Transportation (DOT)

• Construction Best Management Practices Field Manual

D.1 Construction BMP Field Manual

City and County of Honolulu (CCH)

• Storm Water Best Management Practice Manual

Microsoft Word - CCH Construction BMP Manual 110311.doc (hawaii.gov)

State of Hawaii, Department of Land and Natural Resources, Division of Forestry and Wildlife

• Best Management Practices for Maintaining Water Quality in Hawaii

Hawaii-BMP.pdf

U.S. Fish and Wildlife Service (USFWS)

• Recommended Standard Best Management Practices; Avoidance and Minimization

Measures; Invasive Species Protocol (refer to Appendix A, B and C)

National Oceanic and Atmospheric Administration (NOAA)

• National Oceanic and Atmospheric Administration Marine Debris Program (2021).

2021 Hawaiʻi Marine Debris Action Plan. Silver Spring, MD: National Oceanic and

Atmospheric Administration Marine Debris Program

2021_Hawaii_Marine_Debris_Action_Plan.pdf

• Biological Evaluation of the Effects of Implementing Standard Local Operating

Procedures for Endangered Species in the Central and Western Pacific Region

(Pac-SLOPES) (2022) in conjunction with the U.S. Army Corps of Engineers

(refer to Appendix D)

Hawaiʻi Wildfire Environmental Protection Plan 22

Section 1: Project Planning

1.1 Assess the Project Area and Document Site-Specific Conditions: When project activities will require working within watercourses, installing temporary access through watercourses, and/or removal or placement of materials within the bed, bank, or channel of watercourses, the project proponent must ensure they are following federal notification and permitting requirements.

During the initial site assessments, responsible agencies and their contractors, the task force leader

(TFL) or other qualified persons should survey the project area to identify where work within the watercourse may occur, the location of any watercourses, 100-year floodplains, and staging areas, where operators plan to cross a watercourse, how many times they estimate they will cross, and what method of crossing will be used.

1.2 Obtain Proper Permits: Construction and operation of staging areas and processing sites may require National Pollution Discharge Elimination System (NPDES) General Stormwater

Permits (GP) or Individual Permits (IP) issued by the Department of Health Clean Water Branch.

One may also be required to obtain NPDS permit coverage or a Conditional “No Exposure”

Exclusion” under “Industrial Storm Water NPDES permitting (ISWP). Permit type and permitting requirements are determined based on site-specific characteristics and proposed use. National

Pollution Discharge Elimination System (NPDES) permitting requirements cannot be suspended and may apply to debris or hazard tree removal activities. This NPDES general permit for construction activities is normally triggered by projects covering one or more acres of land, such as the entire parcel(s) including paved, unpaved, disturbed, and undisturbed areas. The CWB has established that a construction general permit can be applied to most construction activities in the state. Information regarding General Permits can be found at the CWB website. Discharges of storm water associated with industrial activity are required to either apply for and obtain NPDES permit coverage or a Conditional “No Exposure” Exclusion. NPDES permit coverage or an exclusion to NPDES permit coverage is required when a facility is engaging in a regulated

“industrial activity.” This permit may be required for but not limited to:

i) Hazardous waste treatment, storage, or disposal facilities

ii) Landfills, land application sites, and open dumps that receive or have received any industrial wastes

1.3 Prepare a Spill Response Plan: Prior to the start of project activities, a spill response plan should be prepared that identifies how hazardous materials will be stored and removed from the site, and the actions to be taken in the event of spill of concrete, petroleum products, sediment, or other hazardous material. The plan should:

iii) Reference the State of Hawaii Oil and Hazardous Substances Emergency Response

Plan

iv) Identify the steps to be followed in the event of a spill

v) Have clear instructions on immediate reporting requirements

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vi) Identify the emergency response materials which will be kept at the project site to allow the rapid containment and clean-up of any spilled material

If a spill occurs, notifications should be made immediately to the Hawaiʻi State

Emergency Response Commission (HSERC) (through the HEER Office), the Local Emergency

Planning Committee (LEPC), and the National Response Center.

1.4 Consult with the Clean Water Branch and the Division of Forestry and Wildlife early in the site assessment phase to ensure certain planned activities follow the EPP; are within the scope of the EPP and adequate water quality BMPs and habitat and species-specific measures are in place. Consultation means at minimum, early notification of planned activities. A meeting to calibrate consultation needs should occur during the site assessment phase. If project activities will occur in or near sensitive habitat, project proponent should consult with the DOFAW Contact and the qualified biologist or Task Force Leader (TFL) to ensure the habitat is clearly marked and avoided during project activities. If aspects of the project may cause impacts to sensitive habitat(s), such as waterbodies that contain anadromous fish species or a domestic or municipal water supply, then all feasible measures should be taken to avoid such impacts.

1.5 Hire Qualified Subject Matter Experts (SME): When selecting a qualified biologist, the biologist should hold a wildlife biology, botany, ecology, forestry, or other relevant degree from an accredited university and:

• be knowledgeable in relevant species life histories and ecology

• be able to correctly identify relevant species and habitats in the field have experience conducting field surveys of relevant species or resources be knowledgeable about survey protocols

• be knowledgeable about state and federal law protections for special-status species

The preferred candidate would have experience and knowledge of Hawai`i specific species and habitats. The project proponent will review the resume and ensure the above qualifications of the biologist are met prior to beginning work.

If species-specific protocol surveys are performed, surveys will be conducted by the qualified biologist with the minimum qualifications required by the appropriated protocols, including having

DOFAW or USFWS approval to conduct such surveys. If the size of the project warrants more than one qualified biologist, one of the qualified biologists should be designated the lead qualified biologist and be the primary point of contact for the biological elements of the project.

Additionally, the qualified biologist or TFL should survey the project area to identify if wildlife resources are present, and then determine if special-status fish, wildlife, or plant species are active on the site. If wildlife resources such as nests, nest cavities, roosts, roost trees, or dens are present, the qualified biologist should determine if those resources are actively being used.

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When project activities are proposed within the wetted portion of a watercourse or ocean margin, the qualified biologist should survey the area prior to the start of project activities to determine if aquatic, terrestrial or amphibian wildlife resources, such as reeds or spawning gravel beds, are present within proposed watercourse crossings and may be impacted by project activities. When fish and wildlife resources within the project area are actively being used, the qualified biologist should refer to Section 6 on how to proceed.

1.6 Provide Pre-Project Education: USACE shall provide a training program for all employees, contractors, and/or personnel working within the project site prior to performing any work. The program should be approved by the agency representatives and consist of a presentation from a qualified person that includes a discussion of:

• What the EPP is, what it represents, and how to use the EPP

• Consequences for not acting in compliance with the EPP and all applicable regulations What nonpoint source pollution (NPS) is and how the different recovery activities can create NPS pollution, if not properly mitigated

• What properly executed BMPs look like while conducting these activities,

• Definitions of “Waters of the United States,” “Waters of the State,” and other relevant terms that may need to be defined

• Knowledge of permitting requirements and limitations, when it may be required

Knowledge of the Physical and Biological Features (PBFs) of the habitats and special- status species identified during the site assessments as present or that have the potential to be present on the project site.

• Information about the distribution and habitat needs of any special-status species that may be present and project-specific protective measures included in the EPP

• Define how a site should look before being signed off and returned

When new employees, contractors, and personnel are deployed mid-project, the pre-project education shall be provided prior to the new employees, contractors, and personnel beginning work on-site. Interpretation should be provided for non-English speaking employees, contractors, or personnel prior to their performing any work at the project site. A handout that summarizes the education program including guidance documents and graphics should be provided to the contractors.

1.7 Provide Reasonable Access for Inspection: Reasonable access to the property should be provided whenever requested for the purpose of performing inspections and conducting monitoring, including sample collection, measuring, and photographing/taping to determine proper implementation of management practices as described in the EPP.

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Section 2: Pollution Prevention and Equipment Storage

2.1 Non-Degradation: This EPP does not authorize activities that will cause or threaten to cause discharges of waste to waters of the state in a manner that creates pollution.

2.2 Hazardous Substance: Materials such as debris, ash, rubbish, creosote-treated wood products, raw cement/concrete, or washings thereof, asphalt, pesticides, paint or other coating material, petroleum products, and batteries can be hazardous to aquatic life, wildlife, or riparian habitat. Hazardous substances associated with project related activities should be handled, transported, and stored in a manner that prevents materials from contaminating underlying soils and/or entering any watercourse by either being removed daily or stored in watertight containers onsite until removed. Hazardous substances should not be stored in floodplains.

2.3 Invasive Species Prevention. All contractors should follow guidelines in the (the

Biosecurity Protocol for Hawaiʻi Island (Appendix B) to prevent the spread of invasive plant species. Equipment should be cleaned of material that may harbor invasive plant seeds or invasive pests before starting a new project in a different watershed or fire boundary. This material includes soil or plant seeds on construction equipment, tools, boots, and clothing.

2.4 Sawdust and other non-hazardous wastes: Sawdust, soil, silt, clay, rock, felled trees, slash, bark, and ash should be controlled in such a manner that it does not enter a watercourse in amounts that could adversely impact water quality and/or aquatic resources and, where feasible, should not be stored within 25 feet of a watercourse, or within a floodplain.

2.5 Debris and Trash Management: No litter, raw materials or waste and construction debris should be deposited within or next to the ocean, watercourse bed, bank, or natural or artificial channel or their margins, within a floodplain, or anywhere it may pass into a watercourse or the ocean. All raw construction materials and waste debris from the project site following the completion of work should be removed as soon as possible. All trash cans and dumpsters should remain covered except when in use and covered at the end of each workday, and food waste should be removed daily to avoid attracting wildlife to the project site.

2.6 Trenching / Excavation /Grading Spoils: As required by an applicable permit, castings or spoils from the trenching / excavation operations should be placed in a location where it cannot enter a watercourse and will have erosion control measures applied.

2.7 Operating Equipment and Vehicle Leaks: Equipment should not be stored within a wetland or a floodplain to the extent feasible. Any equipment or vehicles driven, operated, or otherwise adjacent to a floodplain or riparian habitat should be checked and maintained daily to prevent leaks of materials that could be harmful to aquatic life or riparian habitat.

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2.8 Equipment Maintenance and Fueling: All equipment maintenance, fueling, and storage should occur in staging, storage, or parking areas. No equipment maintenance, fueling or storage will occur within or adjacent to, any watercourse channel, wetland, floodplain, or lake margin where petroleum products or other pollutants from the equipment may be mobilized by stormwater runoff or otherwise enter these areas.

2.9 Pesticides: Use of any type of pesticides is strictly prohibited.

Section 3: Sediment and Erosion Control

3.1 Erosion Control Measures: Erosion control is any source of control practice that protects the soil surface and prevents soil particles from being detached by rainfall, flowing water, or wind.

Erosion control is often referred to as soil stabilization. Erosion control consists of preparing the soil surface and implementing one or more of the BMPs to disturbed soil areas. Some erosion control BMPs can be used effectively to temporarily prevent erosion by concentrated flows. These

BMPs, used alone or in combination, prevent erosion by intercepting, diverting, conveying, and discharging concentrated flows in a manner that prevents soil detachment and transport.

Temporary concentrated flow conveyance controls may be required to direct run-on around or through the project in a non-erodible fashion.

3.2 Sediment Control: Sediment control is any practice that traps soil particles after they have been detached and moved by rain, flowing water, or wind. Sediment control measures are usually passive systems that rely on filtering or settling the particles out of the water or wind that is transporting them. Sediment Control BMPs include those practices that intercept and slow or detain the flow of storm water to allow sediment to settle and be trapped. Sediment control practices can consist of installing linear sediment barriers (such as silt fence, and sandbag barrier);

providing fiber rolls, gravel bag berms, or checks dams to break up slope length or flow; or constructing a sediment trap or sediment basin. Linear sediment barriers are typically placed below the toe of exposed and erodible slopes, down-slope of exposed soil areas, around soil stockpiles, and at other appropriate locations along the site perimeter.

A few BMPs may control both sediment and erosion, for example, fiber rolls and sandbag barriers.

This EPP in accordance with the CCH Construction BMP manual classifies these BMPs as either erosion control (EC) or sediment control (SC) based on the most common and effective in use.

Sediment control BMPs are most effective when used in conjunction with erosion control BMPs.

The combination of erosion control and sediment control is usually the most effective means to prevent sediment from leaving the project site and potentially entering storm drains or receiving waters. Under most conditions the general permit requires that the discharger implement an effective combination of erosion and sediment controls. In Hawaii, the Clean Water Branch

(CWB) issues a general permit for storm water…