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Heather Kimball, Council Chair and Members of the County Council September 15, 2023 Page 5 There are no severe geological or topographical problems for the property that cannotbe properly rectified, or which would render the land unusable. The subject property is in an area designated as Zone "X, an area determined to be outside the 500 -year flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). A condition of approval will be added to 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 10 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 formal archaeological reconnaissance survey, oral history of kama`dina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), provided recommendations to. mitigate potential impacts on endangered or threatened species that may occur in the project area, specifically the `Ope`ape`a (Hawaiian Hoary Bat), `lo (Hawaiian Hawk), A`eo (Hawaiian Stilt), `Alae ke`oke`o (Hawaiian Coot), Nene (Hawaiian Goose), and Blackburn's Sphinx Moth, in addition to minimizing impacts on seabirds and avoiding the spread of invasive 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: According to the applicants, the property has been used intermittently for cattle grazing and cultivation of fruit trees and has been improved with an existing