NOTICE OF SECTION 401 WATER QUALITY CERTIFICATION APPLICATION AND CLEAN WATER BRANCH TENTATIVE DETERMINATION FOR
PROPOSED 2026 DEPARTMENT OF THE ARMY NATIONWIDE PERMITS FOR
ALL ISLANDS, STATE OF HAWAII, FILE NO. WQC1100
DOCKET NO. WQC1100
PUBLIC COMMENT PERIOD
OCTOBER 1, 2025 – OCTOBER 31, 2025
The Hawaii Department of Health (DOH), Clean Water Branch (CWB) tentatively recommends to the Director of Health (Director) to issue a Clean Water Act (CWA), Blanket Section 401 Water Quality Certification (WQC) for certain 2026 Department of the Army (DA) Nationwide Permits (NWPs) and activities.
The Applicant’s information is as follows:
Applicant: U.S. Army Corps of Engineers, Honolulu District, Regulatory Office
Contact: Ms. Jennifer Martin, Chief, Regulatory Branch
230 Otake Street, Fort Shafter, Hawaii 96858
Phone: (808) 835-4300
E-mail: jennifer.l.martin@usace.army.mil
Under Section 401 of the Clean Water Act (CWA), an activity, that may result in a discharge into waters of the U.S. and that is authorized by a Federal permit, must receive a CWA Section 401 WQC or waiver, from the appropriate certifying authority. This process allows the certifying authority an opportunity to ensure that any discharge will comply with applicable water quality requirements. Federal permits include general permits such as NWPs and individual permits such as DA standard permits.
CWB has notified the applicant about the NWPs revoked under proposed Regional Condition 1 as listed in the Section 401 WQC Application. The applicant has confirmed that the eight (8) NWPs revoked under proposed Regional Condition 1 are NWP 21 (Surface Coal Mining Activities), NWP 24 (Indian Tribe or State Administered Section 404 Programs), NWP 30 (Moist Soil Management for Wildlife), NWP 34 (Cranberry Production Activities), NWP 44 (Mining Activities), NWP 49 (Coal Remining Activities), NWP 50 (Underground Coal Mining Activities) and NWP 52 (Water-Based Renewable Energy Generation Pilot Projects).
Based on an evaluation of the Section 401 WQC Application and the supporting information, there is a reasonable assurance that, when all applicable requirements specified in Hawaii Revised Statutes (HRS), Chapter 342D; Hawaii Administrative Rules (HAR), Chapters 11-53 and 11-54 are fully complied with, the discharges resulting from the proposed activities will be conducted in a manner which will not violate the applicable water quality requirements, and will comply with the applicable provisions of CWA, Sections 301, 302, 303, 306, and 307.
Copies of the application and other information on file are available for public inspection, Monday through Friday (excluding holidays) from 7:45 a.m. until 4:15 p.m., at the following locations:
1. DOH Clean Water Branch Office at 2827 Waimano Home Road,
Room #225, Pearl City, Hawaii 96782;
2. Hilo District Health Office at 75 Aupuni Street #201, Hilo, Hawaii 96720;
3. Kona District Health Office at 79-1015 Haukapila Street, Kealakekua, Hawaii 96750;
4. Waimea District Health Office at 67-5189 Kamamalu Street, Kamuela, Hawaii 96743;
5. Kauai District Health Office at 3040 Umi Street, Lihue, Hawaii 96766; and
6. Maui District Health Office at 54 South High Street Room #301, Wailuku, Hawaii 96793.
The application and other information are also available online at:
https://health.hawaii.gov/cwb/clean-water-branch-home-page/public-notices-and-updates/.
Persons wishing to comment upon the tentative determination or request
a public hearing should submit their comments or request in writing no later
than 30 calendar days from the date of this notice either by E-mail at cleanwaterbranch@doh.hawaii.gov or by mail at 2827 Waimano Home Road, Room 225, Pearl City, Hawaii 96782.
For more information or if you have special needs due to disability that will aid you in inspecting and/or commenting on the public notice Section 401 WQC Application and related information, please contact Mr. Reef Migita, Supervisor of the Engineering Section, at the above address or (808) 586-4309 (Voice) as soon as possible before the end of the comment period. For those who use a TTY/TDD, please call Sprint Relay Hawaii, at 1-711 or 1-877-447-5991.
All written comments and requests received on time will be considered. If the Director determines that there is a significant public interest, a public hearing may be held after at least 30 calendar days of public notice.
Please notify anyone you know who would be interested in this matter.
DARRYL LUM, P.E.
Clean Water Branch Chief
(SA/WHT/HTH/TGI1506970 10/01/25)
