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Heather Kimball, Council Chair and Members of the County Council County of Hawai`i March 18, 2024 Page 6 Management Area and will not be impacted by coastal hazards and beach erosion. There is no designated public access to the mountains or the shoreline that runs through the property. The proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, arid marine and coastal resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawai`i Revised Statutes. 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 formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. As mentioned previously, the subject property has been cleared for construction of 2 existing dwellings and a garage and there are no known endangered or listed plant species on the property. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. No professional surveys were conducted of the flora/fauna resources on the property. According to the applicants, the likelihood of any rare or endangered species, habitat or flora on the property is remote given the developed, urban nature of the property and surrounding area. • Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted property as mentioned above. • Feasible actions to protect native Hawaiian rights: As stated by 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.