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Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 4 . require that all development generated runoff will be disposed of on site and not directed toward any adjacent properties and all earthwork activity, including grading, grubbing, and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. Thus, the proposed change of zone meets this criterion. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located approximately 4 miles from the nearest shoreline, is not situated within the Special Management Area, and will not be impacted by coastal hazards and beach erosion. There are no identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or historic resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. 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 Pa `akai O 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 no further ground disturbance is proposed. 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: According to the applicant, there are no known valued cultural, historical, and natural resources to be found in the rezoning area. The Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD) provided no objections to the requested change of zone application and stated that no historic properties will be affected for the proposed rezone. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments that will occur to any valued resources. Feasible actions to protect native Hawaiian rights: As stated by the applicants, no known gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed