West Hawaii Today
Notice #: 0001422888-01
Legal Notices

NOTICE OF APPLICATION FOR VARIANCE RECEIVED BY THE DEPARTMENT OF HEALTH STATE OF HAWAII Community Noise Control Variance Application No. V-1334 (Docket No. 23-NR-VN-20) Pursuant to Chapter 342F-5, subsection (h), Hawaii Revised Statutes, the Department seeks Yritten comments from interested persons regarding the following variance application: Y. Ebisu and Associates, 1126 12th Avenue, Room 305, Honolulu, Hawaii 96816, has applied to the Department of Health for a variance from Hawaii Administrative Rules, Chapter 11-46, Section 11-46-6(a), which states, “General Prohibition. Without a permit or variance issued pursuant to section 11-46-7 or 11-46-8, no person within the State shall operate, from any premises or land owned, rented, leased, occupied, or controlled by that person, any excessive noise source.” The applicant, as an agent for the Hawaii State Department of Transportation, Highways Division, Hawaii District, proposes to perform roadway pavement resurfacing work along Mamalahoa Highway, on the island of Hawaii, during the nighttime and early morning hours on weekdays and Saturdays, excluding holidays. Location of the work along Mamalahoa Highway is from approximately 3200 feet east of Mud Lane to Hohola Drive. Potentially affected properties exposed to off-hour construction noise include single family residences in agricultural subdivisions and residences on agricultural lots. Because the work will require the closure of traffic lanes and result in disruption of traffic, an Application for a Community Noise Variance has been submitted to the Department of Health to perform construction work during the nighttime and early morning hours when traffic volumes are lower. The applicant would like to conduct construction related activities from Tuesday to Friday (between 12:00 Midnight and 5:00 a.m. and between 6:00 p.m. to 12:00 midnight), excluding holidays. Additionally, the applicant would like to conduct construction related activities on Saturdays between Midnight. to 5:00 a.m.. The Department of Health will retain and consider all written comments received not later than thirty (30) days after the date of this notice. If the comments received warrant it, the Department may hold a public hearing, after at least thirty (30) days public notice, on the variance application. The final decision will be made on the basis of the application, related documents, written comments and the public hearing, if any. Written comments and requests for information or inspection of the variance application and related documents should be directed to: Indoor and Radiological Health Branch, 99-945 Halawa Valley Street, Aiea, Hawaii 96701, telephone 586-4700. (WHT1422888 7/19/23)