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Maile David, Council Chair and Members of the County Council County of Hawai`i Page 9 of 11 As the subject property was previous cleared, and given the suburban, developed nature of the surrounding area, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa`akai 0 Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: In February 2013, a complaint was filed for the grubbing of the property without permits. The complaint alleged that there was a possible disturbance of archaeological sites on the property. An enforcement action ensued before the State Historic Preservation Division (SHPD) and it was determined that a number of archaeological sites within the property had been disturbed. An Archaeological Inventory Survey (AIS)was subsequently completed by Haun and Associates in June 2013. The valued cultural, historical, and natural resources found in the rezoning area. The AIS identified seven (7) sites with 36 total features on the subject property. In a letter dated January 25, 2016, SHPD accepted the AIS, and the recommendations contained therein, including proposed data recovery for Sites 29789 (lava tube) and 29794 (terrace). Instead of data recovery, the previous landowner agreed to preserve the sites in place, thus a Preservation Plan was prepared and accepted by SHPD by letter dated October 26, 2016. Pursuant to the approved Preservation Plan, the sites will be conserved within a proposed 0.12-acre archaeological preserve situated within Lot 5 of the proposed subdivision. Other requirements of the preservation plan include an interim buffer of 20 feet marked by bright orange construction safety fence, to be erected prior to the commencement of any ground altering activity and retained in place until completion of all development on the property. The Preservation Plan also requires a 10-foot-wide permanent preservation buffer to be set by a metes and bounds survey and recorded on a plat map and submitted to the Bureau of Conveyances and recorded as a restrictive covenant in the property deed for Lot 5. By letter dated April 19, 2017, SHPD verified the completion of temporary preservation, however, the other requirements of the Preservation Plan haveet to be completed. Please note, based on the approximate Y p location of the preserve area,the applicants may have to adjust their proposed subdivision layout to accommodate the required temporary 20-foot buffer. Based on staff conversations with SHPD, the applicants could pursue the originally recommended Archaeological Data Recovery process in lieu of completing the preservation commitments outlined in the Preservation Plan, which may remove the buffer requirements and may allow more of the land area to be developed. Based on the