Clean Water Branch

NOTICE OF CLEAN WATER BRANCH RECOMMENDATIONS FOR
WATER QUALITY CERTIFICATION FOR
CONSTRUCTION OF DRY DOCK 5 AND WATERFRONT PRODUCTION FACILITY

File No. WQC1095

DOCKET No. WQC1095

January 12, 2023

The Hawaii State Department of Health (DOH), Clean Water Branch (CWB) tentatively recommends to the Director of Health (Director) to issue a Section 401 Water Quality Certification (WQC) to regulate and impose water pollution control requirements on the construction of Dry Dock 5 (DD5) and Waterfront Production Facility (WPF) located at Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY & IMF) in Joint Base Pearl Harbor‐Hickam (JBPHH), Oahu, Hawaii.  The project will be subject to compliance with applicable requirements authorized under Section 404 of Clean Water Act (CWA, 33 U.S.C. 1344); Section 10 of the Rivers and Harbors Act of 1899 (RHA, 33 U.S.C. 403) and Section 103 of Marine Protection, Research and Sanctuary Act (MPRSA).

The Applicant information is as follows:

Applicant:	United States, Department of the Navy Joint Base Pearl Harbor-Hickam
Contact:	Captain Stephen Padhi, Dry Dock 5 Team Lead Phone: (908) 577-7893 Email: [email protected]

The Navy proposes to construct and operate a graving DD5 and WPF at PHNSY & IMF, including auxiliary facilities containing equipment used to operate the dry dock, such as pump stations, water treatment system, parking lots, crane maintenance area, power, and utilities. The proposed DD5 would replace the existing DD3. Construction of the DD5 also includes construction and removal of the temporary supporting facilities (piles at Ford Island, ramp and pier at Waipio, offloading pier at DD5) that will involve in-water work, including dredging, fill, demolition and pile driving. Compensatory mitigation for this project will include wetland restoration, fishpond dredging, underwater benthic habitat restoration, and invasive soft coral removal.

Construction activities will be conducted above and below the mean higher high water (MHHW) level. Activities conducted below MHHW are anticipated to have the potential to directly impact water quality at the site.

The culmination of a replacement DD5 and new WPF will ensure that the Navy achieves necessary efficiencies and is capable of fulfilling scheduled maintenance requirements. According to the revised final Section 401 WQC application, the mission need date of January 2028 is driven by current projected fleet maintenance schedules.

The receiving State water, Pearl Harbor, is classified by the DOH as “Inland Waters, Class 2,” “Pearl Harbor Estuary.”  According to the April 6, 2022, Final “2022 STATE OF HAWAII WATER QUALITY MONITORING AND ASSESSMENT REPORT,” water quality criteria for Total Nitrogen, Total Phosphorus, and Chlorophyll-a were listed as impaired.  Pearl Harbor has also been identified and posted as an area where fish and shellfish should not be consumed. Contamination of fish and shellfish include organochlorine pesticides and/or polychlorinated biphenyls and lead.

Based on an evaluation of the Section 401 WQC Application, the supporting information, which are relevant to water quality considerations, and when all requirements and conditions contained in this proposed Section 401 WQC are fully complied with, there is a reasonable assurance that the discharges resulting from the proposed construction activities will be conducted in a manner which will not violate the applicable water quality standards and will comply with the applicable provisions of CWA, Sections 301, 302, 303, 306, and 307.

This proposed Section 401 WQC shall become effective on the date the Applicant submits the U.S. Department of the Army (DA), Pacific Division, Honolulu Engineering District (POH) accepted/approved final written compensatory mitigation plan to the DOH-CWB and will expire at midnight five (5) years from the effective date. The DOH-CWB will inform the Applicant of the effective and expiration dates of this Section 401 WQC. The Director may, upon receipt of written request from the Applicant or its Duly Authorized Representative administratively extend the expiration date of the issued Section 401 WQC.

Persons wishing to comment upon or object to the proposed determinations 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 in person or by mail, to:

Clean Water Branch
Environmental Management Division
Department of Health
2827 Waimano Home Road #225
Pearl City, Hawaii 96782

Copies of the application, proposed Section 401 WQC 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 DOH office address shown above. The application and proposed Section 401 WQC are also available on the Internet at: https://health.hawaii.gov/cwb/clean-water-branch-home-page/public-notices-and-updates/.

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 permit and related information, please contact Mr. Darryl Lum, Supervisor of the Engineering Section, at the above address or (808) 586-4309 (Voice) at least seven (7) calendar days before the comment deadline.  For those who use a TTY/TDD, please call through Sprint Relay Hawaii, at 1-711 or 1-877-447-5991.

All written comments and requests received on time will be considered.  If the DOH determines that there is significant public interest, a public hearing may be held after at least 30 calendar days of public notice.

If the DOH’s position is substantially unchanged, after considering all timely written comments and all oral comments at any public hearing that may be held, the DOH will issue or deny the Section 401 WQC, as appropriate, and this action will be final.

Please notify anyone you know who would be interested in this matter.