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Maile David, Council Chair and Members of the County Council County of Hawai i July 25, 2022 Page 7 The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASA" and "Ka Pa'akai D 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: An Archaeological Inventory Survey (AIS) was conducted of the site in 2015. No professional flora or fauna surveys were conducted of the site. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The property is located in an urban setting in an area dominated by single-family residential uses. The applicant does not believe that rare or endangered floral or faunal resources are on the site. The valuable cultural, historical, and natural resources found in the rezoning area: The State Historic Preservation Division (SHPD) confired that an archeological inventory survey (AIS) was completed in 2015 and accepted by SHPD. The AIS documented one (1) historic site and assessed by SHPD as significant under criterion D. According to the AIS, the site included twenty-nine mounds, eleven contours which functioned as sugarcane cultivation. The site was recommended for no further work. Based on the information, SHPD's determination for the proposed project is "no historic properties affected." The applicant has stated that during clearing and grading of the property, SHPD will be notified, and all work shall immediately cease, upon inadvertent discovery of any archeological or historic feature. No professional flora or faunal survey was conducted of the property. The property has been previously cleared and is overgrown with non-native plants and other invasive species. The vegetation within the project area is primarily non-native, consisting of tree fern, Hilo Grass, California grass, guava and some native `ohia. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW) the Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereas semotus) could potentially occur in the vicinty of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1 st through September 15th. Finally, DOFAW reported that the Hawaiian Duck, Hawaiian Stilt, Hawaiian Coot, Hawaiian Goose (Nene) and the Hawaiian Hawk (`Io) as possibly occuring in the vicinty of the project area. It is against State law to harm or harass this species. Based on the preceding, DOFAW has provided guidance on measures to avoid and minimize impacts to the listed species, in addition to guidance on avoiding the spread of invasive species and pathogens. Possible adverse effect or impairment of valued resources: There may be a possibility that native plants could be destroyed by construction and ground alteration, but the site has been cleared and is overgrown with non-native plants and other invasive species. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue.