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Heather Kimball, Council Chair and Members of the County Council July 13, 2023 Page 5 applicant will comply with Chapter 10, Hawai`i County Code related to Erosion and Sedimentation Control. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is located along the shoreline and within the Special Management Area (SMA) which is a part of the Coastal Zone Management Program and regulated by the County. The SMA are lands extending mauka from the shoreline as delineated on the maps filed with the Planning Commission as of June 8, 1977, or as amended pursuant to Section 9-23 of the Planning Commission Rules. In conjunction with this proposed rezoning, the applicant has submitted a Special Management Area Use Permit application for the proposed four-lot subdivision in preparation for the future development of individual building sites that may accomodate a farm dwelling or other structures or uses associated with A-5a zoning. The request will not have a significant 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 and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with residential development and farming. The development of subject property into a four lot subdivision may require ground disturbance for infrastructure and future development of home sites. The Planning Department has no record of any cultural or historic resources on the property. The valued cultural, historical, and natural resources found in the rezoning area: Neither the applicant nor the Planning Department are aware of any cultural or historic resources on the property. Additionally, there are no known customary or Native Hawaiian cultural rights exercised on the property. A request for review of the application was sent to the State Historic Preservation Division (SHPD) as a part of this application process. By letter dated May 31, 2023, the State Historic Preservation Division determined that no historic properties would be affected by the proposed project. No professional flora or faunal surveys were conducted on the site as the property has historically been used as an orchard with cattle grazing and has since been developed with a dwelling and garage and it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area.