Current through November, 2024
Section 11-200.1-18 - Preparation and contents of a draft environmental assessment(a) A proposing agency shall conduct, or an approving agency shall require an applicant to conduct, early consultation seeking, at the earliest practicable time, the advice and input of the county agency responsible for implementing the county's general plan for each county in which the proposed action is to occur, and consult with other agencies having jurisdiction or expertise as well as those citizen groups and individuals that the proposing agency or approving agency reasonably believes may be affected.(b) The scope of the draft EA may vary with the scope of the proposed action and its impact, taking into consideration whether the action is a project or a program. Data and analyses in a draft EA shall be commensurate with the importance of the impact, and less important material may be summarized, consolidated, or simply referenced. A draft EA shall indicate at appropriate points in the text any underlying studies, reports, and other information obtained and considered in preparing the draft EA, including cost-benefit analyses and reports required under other legal authorities.(c) The level of detail in a draft EA may be more broad for programs or components of a program for which site-specific impacts are not discernible, and shall be more specific for components of the program for which site-specific, project-level impacts are discernible. A draft EA for a program may, where necessary, omit evaluating issues that are not yet ready for decision at the project level. Analysis of the program may discuss in general terms the constraints and sequences of events likely to result in any narrowing of future options. It may present and analyze in general terms hypothetical scenarios that are likely to occur,(d) A draft EA shall contain, but not be limited to, the following information: (1) Identification of the applicant or proposing agency;(2) For applicant actions, identification of the approving agency;(3) List of all required permits and approvals (state, federal, and county) and, for applicants, identification of which approval necessitates chapter 343, HRS, environmental review;(4) Identification of agencies, citizen groups, and individuals consulted in preparing the draft EA;(5) General description of the action's technical, economic, social, cultural, historical, and environmental characteristics;(6) Summary description of the affected environment, including suitable and adequate regional, location, and site maps such as Flood Insurance Rate Maps, Floodway Boundary Maps, United States Geological Survey topographic maps, or state sea level rise exposure area maps;(7) Identification and analysis of impacts and alternatives considered;(8) Proposed mitigation measures;(9) Proposing agency or approving agency anticipated determination, including findings and reasons supporting the anticipated FONSI, if applicable; and(10) Written comments, if any, and responses to the comments received, if any, and made pursuant to the early consultation provisions of subsection (a) and statutorily prescribed public review periods. Haw. Code R. § 11-200.1-18
[Eff AUG 9 2019] (Auth: HRS §§ 343-5, 343-6) (Imp: HRS §§ 343-5, 343-6)