COM 0595.000 2020-2022 - Laserfiche WebLink

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Maile David, Council Chair and Members of the County Council County of Hawai`i January 09, 2022 Page 9 agencies to provide roads and streets, sewers,water, drainage and school improvements, and police and fire protection. The proposed change of zone would allow for uses which complement the multiple family and single family residential uses established in the Waikoloa Beach Resort area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's"PASH" and"Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian rights, such as 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: A Draft Archaeological Inventory Survey of the subject property was completed by Haun&Associates in May 2021 and amended in August 2021 and again in October 2021. A Native Hawaiian Traditional and Customary Practices Assessment was prepared by Christopher Monahan, Ph.D. in June 2021. In addition, a Biological Survey was conducted by Ron Terry, Ph.D. in May 2021 for the subject area. Finally, a Biological Survey report dated May 2021 by Geometrician Associates, LLC that included results of field surveys conducted in May 2020 and November 2020 for the entirety of the project area was submitted with the application. The valuable cultural,historical, and natural resources found in the rezoning area: The most recent draft AIS identified a total of 14 sites with associated features, including nine (9) sites previously identified and five (5)newly identified sites. While none of the sites identified in the AIS were located within sub areas J1 and J2 of"Area A", the subject area does border the Ala Loa(Forerunner) trail and the Planning Department received comments from the State Na Ala Hele Trail &Access Program (Na Ala Hele) and Ala Kahakai National Historic Trail Program(Ala Kahakai) for preservation measures for the portions of"Area A" of the Kumu Hou project that border the Ala Loa (Forerunner)trail. Based on consultation with the State Na Ala Hele Trail &Access Program (Na Ala Hele) and Ala Kahakai National Historic Trail Program(Ala Kahakai) the applicant has agreed to uphold further preservation agreements for a segment of the Ala Loa(Forerunner) trail, located outside of and adjacent to sub-area J2 of"Area A" of the proposed Kumu Hou project area. These agreements include removal of ironwood trees encroaching on the trail and within its existing 10-foot buffer, the removal of ironwood duff that blows onto the trail/buffer area, and the establishment of an additional 30-foot buffer and "vegetative transition" between the trail and any buildings that are proposed for sub-area J2 of"Area A." The State Historic Preservation Division(SHPD)reviewed the August 2021 draft AIS and asked the applicant to incorporate the comments Na Ala Hele and Ala Kahakai provided in a revised draft of the AIS, which they did. However, at the date of this writing SHPD has not responded to a request for comment on the October 2021 draft