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Heather Kimball, Council Chair and Members of the County Council County of Hawaii December 6, 2022 Page 6 records, or botanical study was included in the application. The applicant is requesting to delete Condition J (Archaeological Survey), which required the completion of an archaeological survey or study prior to the receipt of final subdivision approval based on a prior determination by SHPD that"no historic properties would be affected" by the proposed four (4)-lot subdivision by letter dated April 2, 2005, completing their HRS Chapter 6E-42 review. In the letter, SHPD indicated that archeological sites would be unlikely on the subject property given results of an assessment on the adjoining property and other investigations of properties at a similar elevation. According to the DPW, approval from SHPD will still be required for specific grubbing and grading activities, which will be covered under requirements of Chapter 10 (Erosion and Sedimentation Control). Based on the preceding, the Planning Director recommends approval of this request. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), provided comments to address the impact of the proposed project on endangered or threatened flora and fauna that may occur in the project area, specifically the Hawaiian Hawk (`Io), Hawaiian hoary bats, Hawaiian goose (Nene), and seabirds. Additionally, DOFAW provided comments regarding the spread of Rapid `Ohi`a Death and the spread of invasive plant species. A condition of approval will be included to address the recommendations provided by DOFAW. The valued cultural, historical, and natural resources found in the rezoning area: Neither the applicant nor the Department area not aware of any cultural or historic resources on the property. According to the applicant, while the property is covered in native forest, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the property. Possible adverse effect or impairment of valued resources: Some native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permits, compliance with the Fire Code, installation of improvements required