HAR §15-150-10. rules

[Eff 2/25/2000; comp 4/17/2009; am and comp 11/30/2012 ; comp UL J 2 t 2021 (Auth : HRS §§205A-29 , 206E-8 . 5) (Imp : HRS §§91-2, 206E-8 . 5) §15- 150-11 Determination . The l ead agency shall, withi n thirty days after submission of the completed i nformation for a proposed development, notify t he applicant in writing that the director has determined t he proposal to : (1) Be exempt f rom the preparation of an environment al assessment under chapter 343, HRS, where the lead agency finds the proposal is e xempt under section 11- 200 - 8 of the envi ronmental quality commission's EIS rules; (2 ) Be exempt from the requirements of this subchap t er; (3) Meet the requirements for t he special management a r ea minor approval, and issue a negative decl aration , which shall be filed with t he office of e nvironmental quality control where the l ead agency finds that the proposed devel opment : (A) Has a valuation or fair market value not i n e xcess of $500,000; and (B) Will not significantly affect t he speci al management area ; (4) Require a special management area use approval, and shall issue a negative declaration which shall be filed with the office of environmental quality control if s uch is required under chapter 343, HRS , where the lead agency finds that t he proposal : (A) Has a valuation or f air market value i n excess of $500 , 000 ; and (B) Will not significantly affect the special management area as s upported by studies which, in the lead agency ' s 150-14 §15-150-12 judgment , sufficiently describe the pot ential environmental effects on the s pecial management area; or (5 ) Require a special ma nagement area use approval , and shall i ssue an EIS preparation notice with the office of environmental qualit y control, regardless of the valuation or fair market value of the proposal where the lead agency f i nds that the proposal may significantly affect the special management area and that sufficient information to evaluat e this impact is not available . [Eff 2/25/2000 ; comp 4/17/2009 ; am and comp 11/30/2012 ; comp OCT Z 1 2021 l (Auth : HRS §§205A-26 , 205A-28 , 205A-30 , 206E-8.5) (Imp : HRS §§91-2 , 206E-8 . 5) §15-150-12 Environmental assessment requirements . (a ) The negative declarati on and EIS preparation notices shall contain all the i nformation required to be presented under the environmental quality commission ' s EIS rules . (b) The lead agency shall assure that the public is informed of the director ' s determinations on special management area use approvals through publication of notices in the Office of Environmental Qual ity Control Bulletin or another publication. (c) In processing a negative decl aration or environmental impact statement preparati on notice, the lead agency shall adhere to chapter 343, HRS, and the environmental quality commission ' s EIS rules . (d) Any development which has been assessed under the National Environmental Policy Act or chapter 343, HRS, and a negative declaration has been filed or a required EIS has been accepted may be waived from the environmental assessment requirements in this chapter . [Eff 2/25/2000 ; comp 4/17/2009 ; com 11/30/2012 ; comp OCT 2 1 202·) ] (Auth : HRS §§205A-27 , 206E-8 . 5) (Imp : HRS §§91-2 , 206E-8 . 5) 150-15 3 433 § 15-150-13