Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations

Request to:: Department of Health
Law used:: State of Hawaii UIPA
Status of this request:: Request Successful
Summary of Request: The County of Hawaii Department of Environmental Management and its outside contractors have stated "The [State of Hawaii] DOH will submit the Biological Resources report [under Endangered Species Act Section 7] and request concurrence from the appropriate federal agencies to the 'not likely to adversely affect' (NLAA) determination." (North Kona Sewer Pump Station Draft EA, Page 5-10). I request all records of the County, and its contractors, communications with DOH related to ESA Section 7 Biological Resources reports and NLAA concurrence requests, and all records of DOH Biological Resources reports communications and the actual reports to the US Fish and Wildlife Service, and all communications and NLAA determinations from other federal agencies related to any and all County of Hawaii activities.

Messages in this request

From	Sandra Demoruelle (Daniel's Ohana)
Subject	Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507]
Date	June 24, 2021, 11:02 a.m.
To	Department of Health
Status	Awaiting response
Attachments

Aloha, Pursuant to the public records law, I would like to request the following records in electronic format sent to my email address.

The County of Hawaii Department of Environmental Management and its outside contractors have stated "The [State of Hawaii] DOH will submit the Biological Resources report [under Endangered Species Act Section 7] and request concurrence from the appropriate federal agencies to the 'not likely to adversely affect' (NLAA) determination." (North Kona Sewer Pump Station Draft EA, Page 5-10).  I request all records of the County, and its contractors, communications with DOH related to ESA Section 7 Biological Resources reports and NLAA concurrence requests, and all records of DOH Biological Resources reports communications and the actual reports to the US Fish and Wildlife Service, and all communications and NLAA determinations from other federal agencies related to any and all County of Hawaii activities.

Sandra Demoruelle (Daniel's Ohana)

2 years, 10 months agoJune 24, 2021, 11:02 a.m.: Sandra Demoruelle (Daniel's Ohana) sent a message to Department of Health.

From	Nagato, Jonathan – Department of Health
Subject	RE: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507]
Date	June 25, 2021, 1:26 p.m.
Status	Request resolved

Sandra Demoruelle: At this time, the DOH has not yet received documentation regarding the Endangered Species Act (ESA) Section 7 from the County's consultant. As soon as the DOH receives adequate ESA Section 7 documentation, the DOH will draft documents to initiate informal consultation under Section 7 of the ESA directly with the U.S. Fish and Wildlife Service. No Clean Water State Revolving Fund (CWSRF) loan agreement will be executed until the ESA Section 7 consultation process, all environmental Federal Cross-Cutting Authorities, and all CWSRF requirements have been completed and/or met. Thank you, Jon Nagato State of Hawai‘i | Department of Health Wastewater Branch | Clean Water State Revolving Fund 2827 Waimano Home Rd., Rm. 207, Pearl City, HI 96782 (808) 586-4294 | <<email address>> and email address>> …

-----Original Message----- Sent: Friday, June 25, 2021 12:04 PM Subject: FW: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] -----Original Message----- Sent: Friday, June 25, 2021 11:29 AM Subject: FW: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] -----Original Message----- From: DOH webmaster < <name and email address >> Sent: Friday, June 25, 2021 11:22 AM Subject: FW: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] -----Original Message----- From: Sandra Demoruelle < <name and email address >> Sent: Thursday, June 24, 2021 11:03 AM To: DOH webmaster < <name and email address >> Subject: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] Aloha, Pursuant to the public records law, I would like to request the following records in electronic format sent to my email address. The County of Hawaii Department of Environmental Management and its outside contractors have stated "The [State of Hawaii] DOH will submit the Biological Resources report [under Endangered Species Act Section 7] and request concurrence from the appropriate federal agencies to the 'not likely to adversely affect' (NLAA) determination." (North Kona Sewer Pump Station Draft EA, Page 5-10). I request all records of the County, and its contractors, communications with DOH related to ESA Section 7 Biological Resources reports and NLAA concurrence requests, and all records of DOH Biological Resources reports communications and the actual reports to the US Fish and Wildlife Service, and all communications and NLAA determinations from other federal agencies related to any and all County of Hawaii activities. Mahalo, Sandra Demoruelle Daniel's Ohana

2 years, 10 months agoJune 25, 2021, 1:27 p.m.: Received an email from Department of Health.

From	HI Office of Environmental Quality Control – Department of Health
Subject	RE: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507]
Date	June 28, 2021, 10:55 a.m.
Attachments

Ms. Demoruelle, We have received your request from DOH. Please see attached Notice-to-Requester 062821. Thank you, Office of Environmental Quality Control…

-----Original Message----- From: Sandra Demoruelle < <name and email address> > Sent: Thursday, June 24, 2021 11:03 AM To: DOH webmaster < <name and email address> > Subject: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] Aloha, Pursuant to the public records law, I would like to request the following records in electronic format sent to my email address. The County of Hawaii Department of Environmental Management and its outside contractors have stated "The [State of Hawaii] DOH will submit the Biological Resources report [under Endangered Species Act Section 7] and request concurrence from the appropriate federal agencies to the 'not likely to adversely affect' (NLAA) determination." (North Kona Sewer Pump Station Draft EA, Page 5-10). I request all records of the County, and its contractors, communications with DOH related to ESA Section 7 Biological Resources reports and NLAA concurrence requests, and all records of DOH Biological Resources reports communications and the actual reports to the US Fish and Wildlife Service, and all communications and NLAA determinations from other federal agencies related to any and all County of Hawaii activities. Mahalo, Sandra Demoruelle Daniel's Ohana

2 years, 10 months agoJune 28, 2021, 10:55 a.m.: Received an email from Department of Health.

From	Ichinotsubo, Lene K – Department of Health
Subject	FW: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507]
Date	June 28, 2021, 12:08 p.m.
Attachments

Hi Sandra, Your request was forwarded to the DOH's Solid and Hazardous Waste Branch as well as other environmental programs within the Department. The Solid and Hazardous Waste Branch does not have the subject report identified in your email below, nor do we typically submit these types of reports to the U.S. Fish and Wildlife. Sincerely, Lene Ichinotsubo Solid and Hazardous Waste Branch State of Hawaii | Department of Health | 2827 Waimano Home Road, #100 |Pearl City, HI 96782 Phone: (808)586-4226 | http://health.hawaii.gov/shwb/solid-w... Notice: This information and attachments are intended only for the use of the individual(s) or entity to which it is addressed and may contain information that is privileged and/or confidential. If the reader of this message is not the intended recipient, any dissemination, distribution, or copying of this communication is strictly prohibited and may be punishable under state and federal law. If you received this communication and/or attachments in error, please notify the sender via email immediately and destroy all electronic and paper copies.…

2 years, 10 months agoJune 28, 2021, 12:08 p.m.: Received an email from Department of Health.

From	Nagato, Jonathan – Department of Health
Subject	RE: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507]
Date	July 7, 2021, 1:48 p.m.
Attachments

Sandra: Attached are all the documents for the County of Hawai‘i and its consultants related to the Endangered Species Act Section 7 consultations with the U.S. Fish and Wildlife Service (“USFWS”) from January 1, 2015 to the date of this email. * C150062-31 Lanihau Wastewater Pump Station Force Main Replacement * C150080-35 Kealakehe Wastewater Treatment Plant R-1 Upgrade * C150090-05 Pāhala Large Capacity Cesspool Conversion (covered by the same documents as C150090-08) * C150090-08 Pāhala Wastewater Collection System (covered by the same documents as C150090-05) Thank you, Jon From: Naalehu Theatre < <name and email address> > Sent: Wednesday, June 30, 2021 12:39 PM To: Pruder, Sina L < <name and email address> > Cc: OIG Hotline < <name and email address> >; Matt Kanealii-Kleinfelder < <name and email address> >; Nagato, Jonathan < <name and email address> > Subject: Re: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] To be clear, under UIPA, I requested all records of the County of Hawaii, and its contractors, communications with DOH related to Biological Resources reports and NLAA concurrence requests, and all records of DOH Biological Resources reports communication, as well as the actual reports, to the US Fish and Wildlife Service, and all communications and NLAA determinations from other federal agencies related to all County of Hawaii CWSRF projects from Jan. 1, 2015 to present and for any other not-CWSRF-funded County projects DOH performed Section 7 consult during that time period. Thank you for provision of these requested records. Sandra Demoruelle On Wednesday, June 30, 2021, 10:05:27 AM HST, Pruder, Sina L < <name and email address >> wrote: UIPA laws allows the requesting agency up to 10 business days to respond to a request. Based on the June 24th date of receipt of the request, we have a deadline to provide you with your request by July 9th. So that we are clear about your request, are you asking for Biological Reports and FWS concurrences that we have in our files for all County of Hawaii CWSRF projects? From: Naalehu Theatre < <name and email address >> Sent: Wednesday, June 30, 2021 9:10 AM To: Pruder, Sina L < <name and email address >> Cc: OIG Hotline < <name and email address >>; Matt Kanealii-Kleinfelder < <name and email address >> Subject: Fw: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] UIPA request for BioOP and FWS concurrence for all County of Hawaii CWSRF projects needs a timely response and Jonathon Nagato is not available. Sandra Demoruelle PO Box 588 Naalehu HI 96772 ----- Forwarded Message ----- From: Nagato, Jonathan < <name and email address >> To: Naalehu Theatre < <name and email address >>; Michelle Bogardus < <name and email address >>; OIG Hotline < <name and email address >>; Cohdem < <name and email address >>; CorpCounsel < <name and email address >>; Matt Kanealii-Kleinfelder < <name and email address >>; Holeka Inaba < <name and email address >>; Craig Lekven < <name and email address >>; Aecos Inc < <name and email address >>; <<email address>> and email address>> <<name and email address >> Sent: Tuesday, June 29, 2021, 03:06:47 PM HST Subject: RE: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] Sandra Demoruelle: Please see the attached letters. The USEPA designated the Hawai‘i Department of Health as their non-federal representative for information consultations for Section 7 of the Federal Endangered Species Act and Section 305(b)(2) of the Magnuson-Stevens Act. If it is determined by USEPA, USFWS, and/or NOAA that formal consultation for Section 7 is required, then the USEPA will perform the formal consultation with USFWS and/or NOAA. Thank you, Jon From: Naalehu Theatre < <name and email address >> Sent: Friday, June 25, 2021 4:07 PM To: Nagato, Jonathan < <name and email address >>; Michelle Bogardus < <name and email address >>; OIG Hotline < <name and email address >>; Cohdem < <name and email address >>; CorpCounsel < <name and email address >>; Matt Kanealii-Kleinfelder < <name and email address >>; Holeka Inaba < <name and email address >>; Craig Lekven < <name and email address >>; Aecos Inc < <name and email address >>; <<email address>> and email address> > Subject: Re: [EXTERNAL] Records Request for Department of Health: Biological Resources reports submitted to US Fish and Wildlife Service and requests for concurrence from Federal Agencies on NLAA determinations [#507] Aloha Jonathon, You do know that unless DOH is the "non-federal designee for the Section 7 consult," the State DoH has no authority to ever conduct Section 7 consultation and produce a BioOp? Under UIPA, I am asking you for records of any BioOps that DOH has produced. CWSRF funding would be illegally awarded if projects with NO FEDERAL INVOLVEMENT are allowed to use State DOH for Section 7 consult. At least two of the current County wastewater projects with NO FEDERAL AGENCY TO DESIGNATE DOH for Section 7 consultation are planning to use Section 7 to comply with ESA Section 9: North Kona SPS and the three Naalehu projects. Evidence of County of Hawaii use of illegal ESA Section 7 consultation which uses DOH: 1) North Kona SPS Draft EA Page 5-8 through 5-10. On page 5-10, it states "The DOH will submit the Biological Resources report" etc. There is no EPA - or any OTHER federal agency- involvement to designate DOH the non-federal consultant, so this is illegal. 2) Three Naalehu wastewater projects have contracts in place using the same outside contractors as No. Kona SPS promising Section 7 consultation by the DOH when there is absolutely no federal agency to designate the DOH as the non-federal Section 7 consultant. As evidence of this intended use of DOH to meet the County's ESA obligations please see c.007672 for the Naalehu projects and part of the North Kona DEA attached below. Respectfully, Sandra On Friday, June 25, 2021, 01:26:57 PM HST, Nagato, Jonathan < <name and email address >> wrote: Sandra Demoruelle: At this time, the DOH has not yet received documentation regarding the Endangered Species Act (ESA) Section 7 from the County's consultant. As soon as the DOH receives adequate ESA Section 7 documentation, the DOH will draft documents to initiate informal consultation under Section 7 of the ESA directly with the U.S. Fish and Wildlife Service. No Clean Water State Revolving Fund (CWSRF) loan agreement will be executed until the ESA Section 7 consultation process, all environmental Federal Cross-Cutting Authorities, and all CWSRF requirements have been completed and/or met. Thank you, Jon Nagato State of Hawai‘i | Department of Health Wastewater Branch | Clean Water State Revolving Fund 2827 Waimano Home Rd., Rm. 207, Pearl City, HI 96782 (808) 586-4294 | <<email address>> and email address>> …

2 years, 9 months agoJuly 7, 2021, 1:48 p.m.: Received an email from Department of Health.
1 year, 1 month agoMarch 11, 2023, 6:26 p.m.: Sandra Demoruelle (Daniel's Ohana) set status to 'Request Successful'.