COM 0922.000 2020-2022 - Laserfiche WebLink

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open space preserves, coastal ecosystems, or marine resources on the subject property. In view of the Hawaii State Supreme Court's PASH and"Ka Pa`akai O 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: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area: No professional archaeological and cultural study was conducted of the property. According to the applicant,no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places.No professional floral or faunal survey was conducted of the property. The vacant subject property was formerly used as a nursery and is currently covered in a variety of non-native trees, shrubs and grasses. The property was grubbed of invasive vegetation in 2001 and 2004. Since then, invasive trees and shrubs have again taken root. Feral pigs and goats have been observed; however no rare, threatened or endangered species have been located on the property. It is highly unlikely that they would exist on the property due to the property's close proximity to urban development. According to the Department of Land and Natural Resources Division of Forestry and Wildlife (DOFAW), the Hawaiian Hawk or `Io (Buteo solitarius)may occur in the project vicinity and their nests might be present during the breeding season from March to September. DOFAW reported that Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) could potentially occur in the vicinity of the project area and may roost in nearby trees. Bat birthing and pup rearing season spans from June 1 st through September 15th. DOFAW also reported that lighting should be shielded and other actions taken to minimize impacts on and remove predators of seabirds. Finally, DOFAW reported'that the Hawaiian Goose or Nene (Branta sandvicensis)may also potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass this species. 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 -4-