COM 0314.000 2020-2022 - Laserfiche WebLink

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Maile David, Council Chair and Members of the County Council County of Hawaii Page 10 of 11 preceding, the Deputy Director is recommending conditions either requiring completion of the treatments and provisions of the approved Preservation Plan or allowing the applicants to pursue the Archaeological Data Recovery process which would include the requirement of an approved Data Recovery plan and any mitigation steps recommended therein. In either case, completion of the archaeological mitigation commitments would be required prior to the issuance of any land alteration permits and no later than the issuance of Final Subdivision Approval. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicants have not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. Possible adverse effect or impairment of valued resources: With the exception of the previously mentioned archaeological sites, which should be protected upon completion of the required Preservation Plan treatments, the impairment of other valued resources on the property is unlikely. Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. However, in addition to the Preservation Plan condition mentioned above, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies.