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Heather Kimball, Council Chair and Members of the County Council County of Hawai'i December 19, 2022 Page 6 The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" and "Ka Paakai 0 KaAina" 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 Archeological Survey (AIS) of a 32-acre parcel, including the subject property, was completed by Hammatt et al. in 1987 and an archaeological field inspection (FI) report titled, Archaeological Field Inspection Letter Report for Nakoa Proposed Rezone, Kapala'alaea 2nd Ahupita'a, North Kana District, Island o Hawai'i; TMK (3) 7-7-08.-062 If (Scheffler, May 2022). • The valued cultural, historical, and natural resources found in the rezoning area: The Hammatt et al. 1987 survey identified 51 historic properties, 15 of which are located on the subject property, including a burial, a platform, six terraces, five agricultural complexes, and two previously identified sites. Two sites were assessed as significant under criterion d and were recommended for no further work and none of the sites were recommended for preservation. However, according to SHPD, the Hammatt survey does not meet current standards for an archeological inventory survey as defined in Hawaii Administrative Rules (HAR) 13-276 and SHPD requested that an archeological field inspection (FI) be conducted of the subject property to determine if undocumented historic properties exist in the project area. Subsequently, the applicant provided an FI report which identified one historic property, an agricultural complex, assessed as significant under criterion d and recommended for data recovery. Additionally, the FI report indicated that a historic house structure and auxiliary shed, both damaged by fire and cleared in 2018, and three historic graves within a burial plot have all been impacted by recent bulldozing. Based on the recommendation of the Fl, SHPD requested that an archeological inventory survey(AIS) be conducted for undisturbed portions of the project area prior to any ground disturbing activities and that an AIS report be submitted to SHPD for review and acceptance prior to initiation of any project related work. Additionally, SHPD requested that consultation associated with the encountered burials occur and be documented as part of the requested AIS, and a State Inventory of Historic Places (SIHP) Site # request be submitted for the burials. Once assigned an SIHP Site#, the burials shall be subject to burial treatment in a separate plan. In response to SHPD, the applicant requested to complete the AIS requirements after the proposed change of zone and subdivision of the subject property, allowing each