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MEMORANDUM OF UNDERSTANDING
BETWEEN
DEPARTMENT OF TRANSPORTATION
STATE OF HAWAII
AND
UNITED STATES
DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION

1. Purpose

This Memorandum Of Understanding (MOU) is to allow the Department of Transportation Highways Division (DOT-HWYS) to advertise federal funded projects before a Department of the Army (DA) Permit (404) from the United States Army Corps of Engineers (USACE) and the Section 401, Water Quality Certification (WQC) from the Department of Health, Clean Water Branch (DOHCWB) is verified. This MOU is applicable only to those projects that can be verified under the DA Nationwide Permit (NWP) and qualifies for a coverage authorized under the DOH-CWB conditional blanket Section 401 WQC.

2. Background

Federal Highway Administration's (FHWA) goal is to obtain all permits before advertising the project. To obtain a WQC coverage authorized under the DOHCWB conditional blanket Section 401 WQC, DOH-CWB requires that site specific BMPs and monitoring plans be submitted.

3. Objectives

  1. Foster effective interagency cooperation between DOT-HWYS and FHWA.
  2. Streamline the DA NWP and Section 401 WQC permit process.
  3. Allow advertisement with site specific BMPs and monitoring plans to be provided by the contractor.

4. Process

  1. DOT-HWYS consults with the USACE for projects that involve any activity in a stream, tributary, river, ocean, fishpond, wetland or other water bodies to determine if a DA NWP may be required in accordance with Section 404 of the Clean Water Act.
  2. DOT-HWYS formally applies for the Nationwide Permit (NWP) by submitting the pre-construction notification (PCN).
  3. After reviewing the PCN, the USACE District Engineer provides the DOTHWYS a copy of the letter requesting comments from resource agencies. This letter will contain information determining that the project activity qualifies for verification under the NWP and will specify which NWP is being processed.
  4. Once the USACE determines that the project can be verified under the NWP, the DOH-CWB will review the PCN.
  5. The DOT-HWYs will submit an application for an individual Section 401 WQC when DOH-CWB determines that the project is excluded from the coverage authorized under the conditional blanket Section 401 WQC.
  6. The DOH-CWB will provide a letter of determination to the USACE when DOH-CWB determines that the PCN can be processed under the authorization of the conditional blanket Section 401 WQC. A copy of the letter of determination will be sent to DOT-HWYS.
  7. Upon receipt of the letter from the USACE requesting comments about the proposed project activity under the NWP and DOH's letter of determination that the project activity can be processed under the authorization of its conditional blanket Section 401 WQC, the DOT-HWYS will be permitted to advertise the project.
  8. Upon award of the contract, the contractor shall submit the site specific BMP and monitoring plans to DOT-HWYS within ten calendar days. Plans shall be reviewed by DOT-HWYS design project manager to determine compliance of the conditional blanket Section WQC requirements prior to sending to DOHCWB.
  9. Once the DOH-CWB and the USACE are satisfied with the site specific BMP and monitoring plans, the DOH-CWB will provide its concurrence in writing to USACE and the USACE will provide a verification letter authorizing the project activity under the NWP program.
  10. DOT-HWYS will provide the contractor the notice to proceed (NTP) only after it receives the verification letter from the USACE.

5. Other Provisions

  1. This MOU does not alter the statutory authority and responsibilities or the respective permit requirements under the DA NWP and the Section 401 WQC. The intent of the MOU is to form a basis by which the aforementioned objectives can be carried out by each agency in a cooperative manner.
  2. The MOU will be reviewed annually and may be amended or terminated by mutual consent of the DOT-HWYS and FHWA. Agency proposing to terminate the MOU will give 60-days notice in writing.
  3. This MOU shall take effect upon signing by both the DOT-HWYS and FHWA.

Department of Transportation
Highways Division
State of Hawaii

Signed by:
Glenn M. Yusie
Title: Administrator Highways Division
Date: 6-5-03

US Department of Transportation
Federal Highway Administration

Signed by:
Abraham Wong
Title: Division Administrator
Date: 6/27/03


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