Vol VII No. 732 Part 2 - Pueo/Owl Nesting Site Being Destroyed by the State, Rail, etc.

URGENT: Case Reference #19-00747(HA): PUEO NESTING SITE Unlawful Take by State HART Agendas  Tom Berg Fri, Nov 30, 5:18 PM (2 days ago) to Office, Complaints, State, Scott, BOR, David, HART, andrew.robbins@honolulu.gov, Michelle, Honolulu, David, Afsheen, Melissa, Loyal, Michael, PublicDLNR, Suzanne, scase@hawaii.gov, Jayna, Nina, Vicki, Marsha, Lucy Aloha Ombudsman/Mr. Robin Matsunaga- Case Reference #19-00747(HA): PUEO NESTING SITE Unlawful Take by State Mr. Scott Glenn OEQC- ATTN: Herbert J. Almeida Analyst/Ombudsman UH BOR/President David Lassner-  ATTENTION HART-  TESTIMONY FOR DECEMBER 4, 2018 - PLEASE ACCEPT and disseminate  Agenda Item III - as is provided herein below:  An order should be issued by your Office- via Governor, Attorney General, DLNR, not sure who is to communicate the directive- but the notification should transpire that upon HART's Agenda item III,  regarding UH Property, HART's use of the 286-acres of non-campus private development lands at UHWO should be rejected- put on hold and the property remain undeveloped until a SEIS, or amended FEIS,  has been executed first. This would be in compliance to the FEIS for UHWO -as stated- UHWO SHALL- a SEIS SHALL be conducted, it says so in the FEIS.....  See image pasted below of HART Agenda-  The non-campus private development land at UHWO is per the FEIS, to undergo a revised environmental impact statement when a new condition- such as the endangered Pueo, has been certified  as occupying the property after the FEIS was accepted.  Any new condition of a feature to the property, as is observed after the FEIS has been executed, yet the new condition discovered on the property before the property is developed, SHALL REQUIRE A SEIS- it's the law-  and in the  FEIS/Governor Lingle's communication to the Office of Environment and Quality Control (OEQC). Hence, until your Ombudsman Office has ruled that an active Pueo nest must be present or not on the property in order for the DLNR to take proactive measures to protect the endangered species on State owned land-  to sit idle, would be adding risk, and induce irrevocable harm to the species on site.  It is imperative that clarity be provided as the precursor to determine if the Pueo  need be nesting or not on the property to induce, trigger, and receive the SEIS/amended FEIS-  for the purposes of: The planned development, its negative effects,  shall be quantified (per the FEIS for UHWO)  and examined to determine if a HCP and or  any mitigation for the loss of habitat shall be needed due to the planned development - what will the planned development have upon the new condition/Pueo? Until you answer this-  is a Pueo nest required - HART cannot, per the SEIS /FEIS/ EIS law, be afforded the right to develop any segment, parcel, quadrant, or plot of the non-campus private development land at UHWO-   per my understanding/reading of the law-  until all negative effects have been quantified upon the NEW CONDITION- that being the Pueo.  Please weight in-   mahalo. Tom Berg 91-203 Hanapouli Circle #39U Ewa Beach, HI 96706 808-685-1932 ----- Forwarded Message ----- From: "Carter, Michelle A" <michelle.carter@honolulu.gov> To: Sent: Wednesday, November 28, 2018 4:44 PM Subject: FW: HART Agendas Aloha All,   Please see the attached agendas for your review.   Please see the links below for the meeting materials.   http://www.honolulutransit.org/about/events/eventdetail/1015/-/hart-board-project-oversight-committee-meeting   http://www.honolulutransit.org/about/events/eventdetail/1013/-/hart-transit-oriented-development-committee-meeting     If you have any questions or concerns please feel free to contact me.   Mahalo,   Michelle Carter   HART Board Staff Assistant Honolulu Authority for Rapid Transportation http://www.honolulutransit.org City & County of Honolulu 1099 Alakea Street, Suite 1700 Honolulu, Hawaii  96813 Phone: 808.768.6224 Fax: 808.768.1358   NOTICE: This communication and any attachments ("this message") may contain confidential information for the sole use of the intended recipient(s). Any unauthorized use, disclosure, viewing, copying, alteration, dissemination or distribution of, or reliance on this message is strictly prohibited. If you have received this message in error, or you are not an authorized recipient, please notify the sender immediately by replying to this message, delete this message and all copies from your e-mail system and destroy any printed copies.