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Notice #: 0001295835-01
Legal Notices

NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS

These notices shall satisfy two (2) separate but related procedural requirements for activities to be undertaken by the City and County of Honolulu’s (“City”) Department of Land Management (“DLM”).

REQUEST FOR RELEASE OF FUNDS

On or about October 13, 2020, the City will submit a request to the United States Department of Housing and Urban Development (“HUD”) for the land value investment release of Community Development Block Grant (“CDBG”) program funds under Title I of the Housing and Community Development Act of 1974, as amended, to undertake a project known as:

Project: Halewai’olu Senior Residences

Location: 1331-1347 River Street, Honolulu, Oahu, Hawaii 96817
Tax Map Key: (1) 1-7-006:012

Project Description: The Project will include the demolition of an existing, vacant, commercial building, and parking lot on the Project Site and construction of a new affordable, rental housing residential facility for seniors aged 62 and over, with incomes at 80% and below of the HUD Area Median Income (“AMI”). The new residential facility will include 156 one- and two-bedroom units (includes one resident manager’s unit). The new residential facility will also include a multi- purpose room, warming kitchen, restrooms, storage rooms, utility rooms, computer room, social services activity rooms, social services office, property management offices, mail and package boxes, and elevator lobby on the ground level. On the ground level will also be a courtyard (plaza), retail space, and parking access, along with bicycle parking, the trash compactor room, and loading area. Levels 2-3 will include vehicle parking, a portion of the bicycle parking, a generator room, storage, and utility rooms. Level 4 will include a recreation area, laundry room, and equipment rooms. The residential units will be on Levels 5-17.

Total Estimated Cost: $93,575,504

Original CDBG Investment: $6,750,000

Mitigation Measures: A summary of mitigation measures include:

Air Quality

An Odor and Other Nuisance Impacts Assessment was prepared and a determination made that the Project will not exacerbate emissions from crematorium activities performed by the adjacent Borthwick Mortuary. Property management will be required to obtain statements from each resident acknowledging that the Project is next to a mortuary. Air conditioning is not a required mitigation measure, but will be provided in all residential units as an amenity. Windows will be operable and may be closed or opened at the discretion of the resident. Impacts during construction will be mitigated in accordance with standard air pollution control standards.

Demolition of Existing Building

Hazardous materials as determined in a Phase II Environmental Site Assessment such as asbestos-containing materials, lead-based paint, fluorescent light ballasts and other hazardous materials will be abated, removed, and disposed in accordance with Federal, State, and City environmental laws and regulations. A licensed asbestos abatement contractor shall be retained under the supervision of a qualified industrial hygiene professional. Coordination with Hawaii Department of Health is required.

Historic and Archaeological Resources

An Archaeological Inventory Survey (“AIS”) identified the Project Site and approximately 45 acres of surrounding neighborhood as the Project’s Area of Potential Effect (“APE”). Mitigation commitments include 1) a historic context study for the existing building as part of demolition; 2) archaeological data recovery and archaeological monitoring; 3) burial treatment plan in adherence to Hawaii State burial law during construction for a human remain found on the site; and 4) implementation of a GIS Story Map highlighting the history and cultural significance of the APE. A Memorandum of Agreement (“MOA”) detailing mitigation measures was executed by and among the City, the State Historic Preservation Division (“SHPD”), the developer, and certain concurring parties.

Geology, Topography and Soils

Planned mitigation of impacts during construction include: 1) vegetation, debris, and existing structures will be removed and disposed of properly to reduce the potential for contaminating excavated materials; 2) during excavations, if groundwater is encountered, backfill materials should consist of non-granular materials and should be wrapped on all sides; and 3) a professional soils expert shall monitor the grading, excavation and other construction activities to ensure conformance to city and state regulatory requirements.

Groundwater

If encountered during construction, appropriate dewatering methods shall be employed to minimize the potential for ground water infiltration into active work areas and to prevent the infiltration of pollutants into the groundwater table. A National Pollutant Discharge Elimination System (“NPDES”) permit for construction dewatering shall also be obtained.

Surface Water

Pollution control measures during construction shall be employed under Best Management Practices (“BMP”) Plans. BMPs will be employed in all phases of the Project. Permanent BMPs to minimize run-off will be required.

Flood

In the event of a flood event during construction, construction activities will cease, equipment and materials will be secured, and all Federal, State, and City requirements will be implemented to ensure the safety of construction crews and community members.

Tsunami, Seismic Hazards, and Hurricane/High Winds

In the event of any of the above-mentioned natural phenomena, construction activities will cease; equipment, machinery, construction materials, portable toilets, and potential flying objects will be secured and deliveries will cease.

Impacts on Visual and Scenic Resource

The developer and contractor shall schedule and phase construction activities, and schedule material and equipment deliveries and garbage removal during non-peak use periods on public roadways and within areas of high public use. The developer shall also install dust screens with a minimum height of 12 feet.

Noise

Impacts are expected during construction and mitigation measures include restricting construction activities to acceptable work hours and days. An approved Community Noise Variance will be required for any construction activities that exceed permissible sound levels outside of acceptable work hours and days.

Terrestrial Botanical Resources

Landscape designs may include use of lowland native plant species to the extent practicable.

Terrestrial Fauna and Avifaunal Resources

During construction, mitigation measures to minimize potential impacts to avifaunal species such as Hawaiian seabirds, Hawaiian waterbirds and the Hawaiian hoary bat shall be established pursuant to U.S. Fish and Wildlife Service requirements.

Transportation

Mitigation measures during construction will be followed based on an approved Construction Management Plan submitted to the City prior to the issuance of demolition/building permits. Prior to the issuance of a Certificate of Occupancy (“CO”), a Traffic Management Plan will be submitted and approved. Updates to the Focused Mobility Analysis Report shall be submitted approximately one year after the issuance of the CO.

Parks and Recreational Facilities

Short-term traffic impacts, noise conditions, and air quality due to construction activities will be mitigated as described above.

Fire, Police, and Medical Services

The Project will be designed and built in compliance with applicable fire code requirements pursuant to Chapter 20, Revised Ordinances of Honolulu 1990, as amended. The developer will coordinate with the Honolulu Police Department during construction to mitigate traffic impacts to ensure public safety.

Storm Water and Drainage

During construction, BMPs will include the installation of a stabilized construction entrance/exit, catch basin inlet protections and temporary filter socks. The Project will comply with the City Department of Planning and Permitting Administrative Rules, Title 20, Chapter 3. Post-construction storm water requirements include using a biofilter to filter residual storm water that is not retained on-site. Onsite mitigation measures include vegetative covering.

A more detailed list of the Project impacts and mitigation measures can be found in the link below:

https://drive.google.com/file/d/1STjmF0gKl9pZpZqV-dNW8eWD2aUrnlkg/view

FINDING OF NO SIGNIFICANT IMPACT

The City DLM has determined that the Project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (“NEPA”) is not required. Additional Project information is contained in the Environmental Review Record (“ERR”) on file at the City DLM, 558 South King Street, Honolulu, Hawaii 96813, which may be examined or copied on weekdays from 8:00 a.m. to 4:30 p.m.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to Sandra S. Pfund, Director, Department of Land Management. All comments received by October 9, 2020, will be considered by the City DLM prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing.

ENVIRONMENTAL CERTIFICATION

The City DLM certifies to HUD that Sandra S. Pfund in her capacity as Director of DLM consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the City to proceed with the land value investment.

OBJECTIONS TO RELEASE OF FUNDS

HUD will accept objections to its land value investment release of funds and the City’s certification for a period of fifteen (15) days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City; (b) the City has omitted a step or failed to make a decision or finding required by HUD regulations at 24 Code of Federal Regulations (“CFR”) Part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by
24 CFR Part 58 before approval of a release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the Project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and, due to the COVID-19 pandemic, objections should be emailed to the Office of Community Planning and Development, United States Department of Housing and Urban Development at
CPDHonolulu@hud.gov. Potential objectors should contact HUD to verify the actual last day of the objection period by email at CPDHonolulu@hud.gov and mark.a.chandler@hud.gov.

Sandra S. Pfund, Director
Department of Land Management
(SA1295835 9/23/20)