HAR §11-200-11.2. Notice of Determination for Final Environmental Assessments

(a) After preparing a final environmental assessment, reviewing public and agency comments, if any, applying the significance criteria in section 11-200-12, the proposing agency or the approving agency shall issue one of the following notices of determination in accordance with section 11-200-9(a) or 11-200-9(b), and file the notice with the office addressing the requirements in subsection (c), along with four copies of the supporting final environmental assessment, provided that in addition to the above, all notices of determination for any applicant action shall be mailed to the requesting applicant by the approving agency: (1) Environmental impact statement preparation notice. If the proposing agency or approving agency determines that a proposed action may have a significant effect, it shall issue a notice of determination which shall be an environmental impact statement preparation notice and such notice shall be filed as early as possible after the determination is made pursuant to and in accordance with section 11-200-9. (2) Negative declaration. If the proposing agency or approving agency determines that a proposed action is not likely to have a significant effect, it shall issue a notice of determination which shall be a negative declaration, and the proposing agency or approving agency shall file such notice with the office as early as possible after the determination is made pursuant to and in accordance with section 11-200-9. (b) The office shall publish the appropriate notice of determination in the periodic bulletin following receipt of the documents in subsection (a) by the office in accordance with section 11-200-3. (c) The notice of determination shall indicate in a concise manner: (1) Identification of applicant or proposing agency; (2) Identification of accepting authority; (3) Brief description of proposed action; (4) Determination; (5) Reasons supporting determination; and (6) Name, address, and phone number of contact person for further information. (d) When an agency withdraws a determination pursuant to its rules, the agency shall submit to the office a written letter informing the office of its withdrawal. The office - 16 - Hawai`i Administrative Rules Title 11, Chapter 200 - Unofficial shall publish notice of agency withdrawals in accordance with section 11-200-3. [Eff and comp AUG 31 1996] (Auth: HRS §343-5, 343-6) (Imp: HRS § 343-5(c), 343-6)