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Maile David, Council Chair and Members of the County Council County of Hawai`i August 17,2022 Page 7 According to the Department of Public Works — Engineering Division, all development generated runoff shall be disposed of onsite and not be directed toward any adjacent properties. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to the issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to the construction of any proposed structures on the property. The applicant will also be required to comply with the County Flood Code. The preceding will be added as conditions of approval. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The subject property is located more than three miles from the shoreline approximately 1.8 miles from the nearest shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, it is not known whether the subject property or immediate surrounding area have been used in the recent past for the gathering of plants by Native Hawaiians. The applicant has not observed any Native Hawaiians on the site or adjoining properties gathering plants and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical, or native resources in the area. The request will not have a signnificant 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: No professional archaeological, cultural studies, or flora/fauna studies were conducted on the subject properties as they have been heavily physically altered and used for intensive sugar cane cultivation for decades. According to the applicant, it is unknown if the subject property or immediate surrounding area was used in the past for the gathering of plants by Native Hawaiians. According to the applicant, vegetation on the subject properties primarily consists of abandoned sugar cane with a mix of non-native grasses and pockets of ironwood trees. Observed fauna include introduced bird species such as dove, Japanese White-eye, house finch and myna that are common in the surrounding area, as well as domestic animals such as cats, dogs, goats, chickens,rats, and feral pigs. The valuable cultural, historical, and natural resources found in the rezoning area: According to the applicant, the subject properties have been previously used for intensive