Attachment 1 - 767 LUAKINI REC_2025.06.05.pdf

Reviewer Name: Daphne Kuta, ENSP Disaster/Emergency/Program/Project Title: FEMA-4724-DR-HI, 2023 Maui Wildfires

Record of Environmental Consideration 06/06/25 1

Record of Environmental Consideration

See FEMA Directive 108-1 and FEMA Instruction 108-1-1.

Project Name/Number: FEMA-DR-4724-DR-HI, 2023 Maui Wildfires, FEMA Individual Assistance, Micro Site Alternative Temporary Housing Units Installation.

Project Location: FEMA 4724-DR-HI, Maui County, 767 Luakini Street.

Project Description: FEMA will be placing individual alternative transportable housing units (ATTHUs) in the form of prefabricated housing units on residential lots throughout Maui County, declared under FEMA-4724- DR-HI to serve as temporary housing for displaced residents. The ATTHU micro sites placement program is a form of Direct Temporary Housing Assistance that allows FEMA to provide temporary living arrangements for applicants on or near the location of their permanent residence.

National Environmental Policy Act (NEPA) Determination

Statutorily excluded from NEPA review. (Review Concluded) Categorical Exclusion - Category (N15)

No Extraordinary Circumstances exist.

Are project conditions required? Yes (see section V) No (Review Concluded)

Extraordinary Circumstances exist (See Section IV).

Extraordinary Circumstances mitigated. (See Section IV comments)

Are project conditions required? Yes (see section V) No (Review Concluded) Environmental Assessment Supplemental Environmental Assessment (Reference EA or PEA in comments) Environmental Impact Statement

NEPA: FEMA will be placing individual alternative transportable temporary housing units (ATTHUs) in the form of prefabricated housing units on residential lots throughout Maui County, declared under FEMA-4724-DR-HI, to serve as temporary housing for displaced residents. The ATTHU micro-sites placement program is a form of Direct Temporary Housing Assistance that allows FEMA to provide temporary living arrangements for applicants on or near the location of their permanent residence.

SOW: 767 Luakini Street will gain ATTHUs and associated surficial tie ins for electricity, water, and sewer to existing piping to the parcels. Installation may include limited grading of a footprint within the TMK where the ATTHUs can feasibly and safely be placed, excavating and pouring footers or temporary foundations, installing below ground anchors or tie downs, trenching for subsurface utilities hook ups, and TMK modifications for accessibility needs (i.e., mobility ramps).

This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001- 01; CATEX (N15) federal assistance for the development, installation and/or removal of individual housing units in pre-existing private or commercial sites that are not located on contaminated sites for individual temporary housing units.

Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding.

Conditions:

FEMA’s Contractors will secure all pertinent federal, state, and local permits and approvals before work and will comply with any applicable conditions.

Reviewer and Approvals

Record of Environmental Consideration 06/06/25 2

Project is Non-Compliant (See attached documentation justifying selection).

FEMA Environmental Reviewer.

Name: Nastassia Barnes, Environmental and Historic Preservation Manager.

Signature . Date .

FEMA Regional Environmental Officer or delegated approving official.

Name: Ethan McGaffey, Environmental and Historic Preservation Advisor.

Signature . Date .

Record of Environmental Consideration 06/06/25 3

I. Compliance Review for Environmental Laws (other than NEPA)

A. National Historic Preservation Act

Not type of activity with potential to affect historic properties. (Review Concluded) Applicable executed Programmatic Agreement Otherwise, conduct standard Section 106 review.

Activity meets Programmatic Allowance I.A.2.a.i.

Are project conditions required? Yes (see section V) No (Review Concluded)

HISTORIC BUILDINGS AND STRUCTURES

No historic properties that are listed or 45/50 years or older in project area. (Review Concluded) Building or structure listed or 45/50 years or older in project area and activity not exempt from review.

Determination of No Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file) Are project conditions required? Yes (see section V) No (Review Concluded) Determination of Historic Properties Affected (FEMA finding/SHPO/THPO concurrence on file)

Property a National Historic Landmark and National Park Service was provided early notification during the consultation process. If not, explain in comments No Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file).

Are project conditions required? Yes (see section V) No (Review Concluded) Adverse Effect Determination (FEMA finding/SHPO/THPO concurrence on file)

Resolution of Adverse Effect completed. (MOA on file) Are project conditions required Yes (see section V) No (Review Concluded)

ARCHEOLOGICAL RESOURCES

Project affects only previously disturbed ground. (Review Concluded) Project affects undisturbed ground.

Project area has no potential for presence of archeological resources Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence or consultation on file). (Review Concluded)

Project area has potential for presence of archeological resources Determination of no historic properties affected (FEMA finding/SHPO/THPO concurrence on file)

Are project conditions required Yes (see section V) No (Review Concluded) Determination of historic properties affected

NR eligible resources not present (FEMA finding/SHPO/THPO concurrence on file).

Are project conditions required Yes (see section V) No (Review Concluded)

NR eligible resources present in project area. (FEMA finding/ SHPO/THPO concurrence on file)

No Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file) Are project conditions required? Yes (see section V) No (Review Concluded) Adverse Effect Determination. (FEMA finding/ SHPO/THPO concurrence on file)

Resolution of Adverse Effect completed. (MOA on file) Are project conditions required? Yes (see section V) No (Review Concluded)

Comments: On August 16, 2024, FEMA consulted with the State Historic Preservation Division (SHPD), Native Hawaiian Organizations (NHOs), and the National Park Service (NPS) on the placement of ATTHUs as temporary housing for the Direct Housing Program in accordance with Stipulation II.C of the Programmatic Agreement among the Federal Emergency Management Agency (FEMA), the Hawaii State Historic Preservation Division (SHPD), the Office of Hawaiian Affairs, and the Hawaii Department of Defense, signed July 12, 2016 and amended June 30, 2023. This programmatic consultation included a provision that FEMA would notify SHPD, NHOs, and NPS if new locations would be used for the placement of TTHUs for the Direct Housing program.

FEMA notified SHPD, NHOs, and NPS about 767 Luakini on May 30, 2025 and made a finding of No Adverse Effect to Historic Properties

Conditions:

1. All ground disturbing activities will be monitored by an Archaeologist and a Cultural Observer, present during all work on site.

a. Archaeological monitor(s) shall meet the Secretary of the Interior Professional Qualification Standards for that discipline, and/or be under the direct supervision of a Principal Investigator meeting those requirements.

Record of Environmental Consideration 06/06/25 4

b. Cultural Observer(s) are traditional cultural practitioners with specialized knowledge of local cultural resources. A least one Cultural Observer shall be present during work so that field operations are executed with the benefit of local knowledge and with respect to local culture.

2. All ground disturbing work will be performed in the least impactful way possible as determined by the onsite Archaeological Monitor(s) and/or Cultural Observer(s).

a. Work will avoid any known cultural resources already documented, providing at least a 10-foot buffer from site boundaries. If an ATTHU will be placed within the boundaries of a known mapped cultural resource (i.e., 403 Paeohi St, 860 Kopili St, or 562 A Front St), archaeological and cultural monitoring will be required with the authority to stop work at any time during ATTHU installation.

b. Ground disturbing work will extend no greater than 10 feet below the surface and remain within the private site TMK. c. All equipment will access the private site TMK from a predetermined ingress/egress hardened surface pathway (i.e., road, driveway, parking lot), and all staging will occur on hardened surfaces. i. If necessary due to site limitations, protective mats must be in place prior to equipment driving over any surfaces that are not previously disturbed

3. If there is an inadvertent discovery of cultural materials or human remains during the course of work, no work will proceed within the vicinity of the discovery until FEMA EHP provides confirmation that work may resume.

a. If the Principal Investigator confirms the presence of potentially significant archaeological artifacts (precontact or historic), all reasonable measures to avoid or minimize harm to the finds shall be made. The Contractor shall inform FEMA, who will in turn notify and SHPO, OHA, and participating NHOs, and initiate consultation as necessary pursuant to Stipulation III.B. of the Agreement (Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects).

b. If suspected human remains are discovered, pursuant to Stipulation III.B.c. of the Agreement, the Contractor shall stop construction activities in the vicinity of the discovery and immediately notify FEMA, local law enforcement office, and coroner/medical examiner in accordance with the Hawai’i Administrative Rules (HAR) § 13-300-40 (inadvertent discovery of human remains). FEMA in turn, will immediately notify SHPD and OHA. Remains will be protected from any harm by covering them with a cloth and then a tarp, or similar material. Suspected human remains will not be photographed. and consultation with known lineal or cultural descendants and appropriate Island Burial Council (IBC) will be initiated.

Correspondence/Consultation/References: 08/14/2024 Section 106 Programmatic Consultation letter, May 30, 2025 Section 106 Notification Letter.

Record of Environmental Consideration 06/06/25 5

B. Endangered Species Act No listed species and/or designated critical habitat present in areas affected directly or indirectly by the Federal action.

(Review Concluded) Listed species and/or designated critical habitat present in the areas affected directly or indirectly by the Federal action.

No effect to species or designated critical habitat.

Are project conditions required? Yes (see section V) No (Review Concluded)

May affect, but not likely to adversely affect species or designated critical habitat (FEMA determination/USFWS/NMFS concurrence on file) Are project conditions required? Yes (see section V) No (Review Concluded)

Likely to adversely affect species or designated critical habitat Formal consultation concluded. (Biological Assessment and Biological Opinion on file)

Are project conditions required? YES (see section V) NO (Review Concluded)

Comments: A No Effect Memorandum has been prepared as it has been determined that the proposed actions would result in No Effect to federally listed species or designated critical habitat. Consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service is not required. See attached No Effect Memorandum.

Correspondence/Consultation/References: https://ecos.fws.gov/ipac/, No Effect Memorandum

C. Coastal Barrier Resources Act

Project is not on or connected to CBRA Unit or Otherwise Protected Area (Review Concluded).

Project is on or connected to CBRA Unit or Otherwise Protected Area. (FEMA determination/USFWS consultation on file)

Proposed action an exception under Section 3505.a.6 (Review Concluded) Proposed action not excepted under Section 3505.a.6.

Comments: None.

Correspondence/Consultation/References: Hawaii has no coastal barrier resources so no attached map is necessary.

D. Clean Water Act

Project would not affect any water of the U.S. (Review Concluded) Project would affect waters, including wetlands, of the U.S.

Project exempted as in kind replacement or other exemption. (Review Concluded) Project may require Section 404/401/or Section 9/10 (Rivers and Harbors Act) permit, including qualification under Nationwide Permits.

Correspondence/Consultation/References:

E. Coastal Zone Management Act

Project is not located in a coastal zone area and does not affect a coastal zone area (Review concluded) Project is located in a coastal zone area and/or affects the coastal zone

State administering agency does not require consistency review. (Review Concluded).

State administering agency requires consistency review.

Comments: FEMA-funded projects are not subject to Federal consistency certification and review under the Hawaii Coastal Zone Management Program according to the program's List of Federal Permits and Financial Assistance located at:

https://coast.noaa.gov/data/czm/consistency/media/hi.pdf. See condition.

Conditions:

The Subrecipient is responsible for contacting the Hawaii Office of Planning to determine necessary permitting requirements.

https://ecos.fws.gov/ipac/

Record of Environmental Consideration 06/06/25 6

F. Fish and Wildlife Coordination Act Not applicable for financial assistance. (Review Concluded)

G. Clean Air Act

Project will not result in permanent air emissions. (Review Concluded) Project is located in an attainment area. (Review Concluded) Project is located in a non-attainment area.

Coordination required with applicable state administering agency.

Comments: Hawaii has no non-attainment areas for any criteria pollutant. The scope of work associated with this undertaking is exempt from a conformity determination under the General Conformity Rule.

H. Farmland Protection Policy Act

Project does not affect designated prime or unique farmland. (Review Concluded) Project causes unnecessary or irreversible conversion of designated prime or unique farmland.

Coordination with Natural Resource Conservation Commission required.

Farmland Conversion Impact Rating, Form AD-1006, completed.

I. Migratory Bird Treaty Act

Project not located within a flyway zone. (Review Concluded) Project located within a flyway zone.

Project does not have potential to take migratory birds.

Are project conditions required? Yes (see section V) No (Review Concluded)

Project has potential to take migratory birds.

Contact made with USFWS

J. Magnuson-Stevens Fishery Conservation and Management Act

Project not located in or near Essential Fish Habitat. (Review Concluded) Project located in or near Essential Fish Habitat.

Project does not adversely affect Essential Fish Habitat.

Are project conditions required? Yes (see section V) No (Review Concluded)

Project adversely affects Essential Fish Habitat (FEMA determination/USFWS/NMFS concurrence on file) NOAA Fisheries provided no recommendation(s)

Are project conditions required? Yes (see section V) No (Review Concluded) NOAA Fisheries provided recommendation(s)

Written reply to NOAA Fisheries recommendations completed.

Record of Environmental Consideration 06/06/25 7

K. Wild and Scenic Rivers Act Project is not along and does not affect Wild or Scenic River (WSR) - (Review Concluded) Project is along or affects WSR

Project adversely affects WSR as determined by NPS/USFS. FEMA cannot fund the action.

(NPS/USFS/USFWS/BLM consultation on file) (Review Concluded) Project does not adversely affect WSR. (NPS/USFS/USFWS/BLM consultation on file)

L. Other Relevant Laws and Environmental Regulations None.

II. Compliance Review for Executive Orders

A. E.O. 11988 - Floodplains

No Effect on Floodplains/Flood levels and project outside Floodplain - (Review Concluded) Located in Floodplain or Effects on Floodplains/Flood levels

No adverse effect on floodplain and not adversely affected by the floodplain.

Are project conditions required? Yes (see section V) No (Review Concluded)

Beneficial Effect on Floodplain Occupancy/Values (Review Concluded).

Possible adverse effects associated with investment in floodplain, occupancy or modification of floodplain environment

8 Step Process Complete - documentation on file

Comments: The project is located within a Special Flood Hazard Area (100-year floodplain, base floodplain), per Advisory Flood Hazard Information dated 01/30/2025. The proposed action is not likely to result in any potential direct impacts that will adversely affect the natural values and function of floodplains, nor is it likely to increase the risk of flood loss. The Initial Disaster Public Notice was published on 08/14/2023. Per 44 CFR 9.5(d)(4), the 8-step Process was completed, and the determination was the project is the only practicable alternative. Floodplain Management Programmatic 8-Step is attached. See conditions. See attached map.

Conditions:

The Subrecipient must coordinate with the local floodplain administrator and obtain any required permits prior to initiating work. Coordination correspondence with the Floodplain administrator, any required permits , and implementation documentation to any permit conditions need to be forwarded to the State and FEMA for inclusion in the permanent project files.

Select Monitoring Required

Correspondence/Consultation/References: FEMA National Flood Hazard Layer (NFHL), Programmatic 8-Step, Alternatives Analysis Memo

B. E.O. 11990 - Wetlands

No Effects on Wetland(s) and project located outside Wetland(s) - (Review Concluded) Located in Wetland or effects Wetland(s)

Beneficial Effect on Wetland - (Review Concluded) Possible adverse effect associated with constructing in or near wetland

Review completed as part of floodplain review 8 Step Process Complete - documentation on file

Record of Environmental Consideration 06/06/25 8

Comments: Per review of the U.S. Fish and Wildlife Service Wetland Mapper viewed on May 24, 2025, the ATTHU site is located outside of wetlands and not likely to result in any potential direct impacts that will adversely affect wetlands. See Attached Map.

Correspondence/Consultation/References: https://www.fws.gov/wetlands/data/mapper.html

III. Other Environmental Issues

Identify other potential environmental concerns in the comment box not clearly falling under a law or executive order (see environmental concerns scoping checklist for guidance).

Comments: None.

Correspondence/Consultation/References: Ensure accessibility for all residents that need to utilize the services being provided by these facilities, including elements of the population with less capacity or mobility

IV. Extraordinary Circumstances

Based on the review of compliance with other environmental laws and Executive Orders, and in consideration of other environmental factors, review the project for extraordinary circumstances.

* A “Yes” under any circumstance may require an Environmental Assessment (EA). If the circumstance can be mitigated, please explain in comments. If no, leave blank.

(i) A potentially significant effect on public health or safety.

(ii) A potentially significant effect on species or habitats protected by the ESA, Marine Mammal Protection Act, Migratory Bird Treaty Act, Magnuson-Stevens Fishery Conservation and Management Act, or other law protecting a species or habitat.

(iii) A potentially significant effect on historic properties (e.g., districts, sites, buildings, structures, or objects) that are listed in or eligible for listing in the National Register of Historic Places, affects traditional cultural properties or sacred sites, or leads to the loss or destruction of a significant scientific, cultural, or historical resource.

(iv) A potentially significant effect on an environmentally sensitive area.

(v) A potential or threatened violation of a Federal, State, or local law or requirement imposed to protect the environment. Some examples of other requirements to consider are: a local noise control ordinance; the requirement to conform to an applicable State Implementation Plan for air quality standards; Federal, Tribal, State, or local requirements to control hazardous or toxic substances; and environmental permits.

(vi) An effect on the quality of the human environment that is likely to be highly controversial in terms of scientific validity, likely to be highly uncertain, or likely to involve unique or unknown environmental risks. This also includes effects that may result from the use of new technology or unproven technology. Controversy over, including public opposition to, a proposed action absent any demonstrable potential for significant environmental impacts does not itself constitute an extraordinary circumstance.

(vii) Extent to which a precedent is established for future actions with significant effects.

(viii) Significantly greater scope or size than normally experienced for this particular category of action.

(ix) Potential for significant degradation of already existing poor environmental conditions. Also, initiation of a potentially significant environmental degrading influence, activity, or effect in areas not already significantly modified from their natural condition.

(x) Whether the action is related to other actions with individually insignificant, but cumulatively significant impacts.

V. Environmental Review Project Conditions

General comments: None.

https://www.fws.gov/wetlands/data/mapper.html

Record of Environmental Consideration 06/06/25 9

Project Conditions:

1. Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.

2. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding.

3. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.

4. Handling, storage, and disposal of hazardous materials and waste during construction activities, including measures to prevent releases, must be conducted in accordance with applicable environmental compliance regulations.

5. Unusable equipment, debris and material will be disposed of prior to occupancy in an approved manner and location. In the event significant items (or evidence thereof) are discovered during implementation of the project, petroleum products, hazardous materials, and toxic waste will be handled, managed, and disposed of in accordance with the requirements and to the satisfaction of the governing local, state, and federal agencies.

6. FEMA’s Contractors will secure all pertinent federal, state, and local permits and approvals before work and will comply with any applicable conditions.

7. All ground disturbing activities will be monitored by an Archaeologist and a Cultural Observer, present during all work on site.

8. Archaeological monitor(s) shall meet the Secretary of the Interior Professional Qualification Standards for that discipline, and/or be under the direct supervision of a Principal Investigator meeting those requirements.

9. Cultural Observer(s) are traditional cultural practitioners with specialized knowledge of local cultural resources. A least one Cultural Observer shall be present during work so that field operations are executed with the benefit of local knowledge and with respect to local culture.

10. All ground disturbing work will be performed in the least impactful way possible as determined by the onsite Archaeological Monitor(s) and/or Cultural Observer(s).

11. Work will avoid any known cultural resources already documented, providing at least a 10-foot buffer from site boundaries. If an ATTHU will be placed within the boundaries of a known mapped cultural resource (i.e., 403 Paeohi St, 860 Kopili St, or 562 A Front St), archaeological and cultural monitoring will be required with the authority to stop work at any time during ATTHU installation.

12. Ground disturbing work will extend no greater than 10 feet below the surface and remain within the private site TMK. c. All equipment will access the private site TMK from a predetermined ingress/egress hardened surface pathway (i.e., road, driveway, parking lot), and all staging will occur on hardened surfaces. If necessary due to site limitations, protective mats must be in place prior to equipment driving over any surfaces that are not previously disturbed

13. If there is an inadvertent discovery of cultural materials or human remains during the course of work, no work will proceed within the vicinity of the discovery until FEMA EHP provides confirmation that work may resume.

14. If the Principal Investigator confirms the presence of potentially significant archaeological artifacts (precontact or historic), all reasonable measures to avoid or minimize harm to the finds shall be made.

The Contractor shall inform FEMA, who will in turn notify and SHPO, OHA, and participating NHOs, and initiate consultation as necessary pursuant to Stipulation III.B. of the Agreement (Unexpected Discoveries, Previously Unidentified Properties, or Unexpected Effects).

15. If suspected human remains are discovered, pursuant to Stipulation III.B.c. of the Agreement, the Contractor shall stop construction activities in the vicinity of the discovery and immediately notify FEMA, local law enforcement office, and coroner/medical examiner in accordance with the Hawai’i Administrative Rules (HAR) § 13-300-40 (inadvertent discovery of human remains). FEMA in turn, will immediately notify SHPD and OHA. Remains will be protected from any harm by covering them with a cloth and then a tarp, or similar material. Suspected human remains will not be photographed.

and consultation with known lineal or cultural descendants and appropriate Island Burial Council (IBC) will be initiated.

Record of Environmental Consideration 06/06/25 10

16. Installations will be temporary and for the purpose of providing emergency temporary housing to eligible disaster survivors.

17. Units will be elevated up to Base Flood Elevation (BFE), if practicable, and will be anchored to prevent movement. If elevation to BFE is not practicable, the units will be installed to the highest elevation recommended by manufacturer’s specifications and will comply with any more restrictive federal, state, local or government floodplain regulations.

18. Elevation will be on open works (walls, columns, piers, piles, etc) rather than fill, where practicable.

19. Temporary housing must be consistent with the criteria of the NFIP or any more restrictive Federal, State or local floodplain management standards;

20. Where appropriate, ATTHUs in the floodplain will be incorporated into existing local flood warning and preparedness plans with available flood warning time reflected.

21. There will be adequate access and egress to and from the proposed site of the ATTHUs.

22. Where appropriate, special attention will be given to flash flood and rapid-rise areas.

23. Coordination with the local floodplain administrator should occur to permit the installation of ATTHUs.

24. Individuals placed in ATTHUs shall be advised they are in a flood-prone area and provided information of evacuation procedures. As occupants complete the licensing-in process before occupying the ATTHUS unit, FEMA will provide a fact sheet that identifies the flood risk to the occupant and addresses health and safety, evacuation, right of entry, and personal property information. FEMA will obtain acknowledgement from the occupants that they have been provided this information.

Monitoring Requirements: