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� <br /> � <br /> � <br /> � <br /> � <br /> 1nview ofthe Havvai^iState Supreme Court's "PASH" and "Ka Pa^akaiO <br /> Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights <br /> must be addressed in terms of the cultural, historical, and natural resources and the <br /> associated traditional and customary practices ofthe site. { <br /> As the subject property has been physically altered and extensively improved | <br /> and landscaped as a home site with two single-family dwellings, agricultural uses and <br /> related improvements, it is unlikely that there are any valued cultural, historical, and <br /> natural resources tobefound within the property. For this reason, the Applicant could � <br /> find no evidence of any possible adverse effects or impairments that will occur to any <br /> valued resources should these land use amendment requests beapproved. Should the <br /> Applicant inadvertently encounter any remains of historic sites, such as rock walls, <br /> terraces, platforms, marine shell concentrations or human burials, the Applicant agree <br /> to cease any work in the immediate area and contact the Department of Land and <br /> Natural Resources-State Historic Preservation Division (DLNR-HPD), resuming activities <br /> only upon securing archaeological clearance from DLNR-HPD when it finds that <br /> sufficient mitigation measures have been taken. <br /> 37' <br /> Based onthe discussion above,the Applicant find that approval ofthe State Land <br /> Use District Boundary amendment from Agricultural to the Rural District and a Change <br /> of Zone from Agricultural-minimum 5-acre lot size (A-5a)to a Residential Agricultural- <br /> 2 acre (RA-2a) zoning district will conform to the goals, policies and standards of the <br /> gricu|tura|'2acre (RA-2a) znningdisLrictvviUconforrntotheAna|s, poiiciesandstandardsofthe <br /> General Plan and will not have a significant adverse impact upon coastal resources; and <br /> would result in an appropriate land use pattern that will further the public necessity and <br /> convenience and the general welfare. <br /> 21 � � a � e <br />