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COM 0816.000 2022-2024
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COM 0816.000 2022-2024
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Last modified
4/24/2024 9:10:09 AM
Creation date
4/16/2024 1:48:18 PM
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Communications
Communications - Type
COM
Communications - Council Term
2022-2024
Communication
0816
Point
000
Author
Mitchell D. Roth, Mayor
Communications - Referred To
LAAC
Document Relationships
AGE COUNCIL 2024-05-15 2022-2024
(Related To)
Path:
\Council Records\Agendas\2022-2024\Council
AGE LAAC 2024/04/30 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 149 Draft 01 2022-2024
(Related To)
Path:
\Council Records\Bills\2022-2024
REP LAAC 055 2024/04/30 2022-2024
(Related To)
Path:
\Council Records\Reports\2022-2024\Legislative Approvals and Acquisitions Committee (LAAC)
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Heather Kimball, Council Chair <br /> and Members of the County Council <br /> County of Hawai`i <br /> March 15, 2024 <br /> Page 7 <br /> disturbed and never identified during archeological surveys of the area. The State <br /> Historic Preservation Division (SHPD), by letter dated January 26, 2022, noted that a <br /> 2021 archeological inventory study (AIS) found no historic properties in the subject area <br /> and provided a determination of no historic properties affected. Based on this <br /> determination, the proposed request and use of the property will not adversely impact <br /> such resources. <br /> The request will not have a significant adverse impact to traditional and <br /> customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" <br /> and "Ka Pa`akai 0 Ka Aina" decisions, the issue relative to Native Hawaiian gathering <br /> and fishing rights must be addressed in terms of the cultural, historical, and natural <br /> resources and the associated traditional and customary practices of the site. <br /> ■ Investigation of valued resources: A Ka Pa`akai 0 Ka `Aina Assessment <br /> (Assessment) was submitted for the subject property, prepared by ASM Affiliates <br /> in May 2023. The Assessment concluded that no valued, historical, or natural <br /> resources, including traditional and customary native Hawaiian rights, will be <br /> affected or impaired by the proposed rezone, and includes no recommendations <br /> for mitigative actions. A biological survey of the subject property and adjacent <br /> properties was conducted by Geometrician Associates, LLC, in April 2021. The <br /> survey, which included a botanical survey and a faunal survey focused on birds <br /> and introduced mammals, reptiles, or amphibians, found no listed, threatened, or <br /> endangered species in the survey area, concluded that no significant effect on <br /> native land birds would be expected and provided several recommendations to <br /> minimize impacts to any potential listed and endangered species. A condition of <br /> approval will be included to address the preceding. <br /> • The valued cultural, historical, and natural resources found in the rezoning area: <br /> The property is vacant with no existing structures. There are no known valued <br /> cultural, historical, and natural resources to be found in the rezoning area. As <br /> noted above, SHPD provided a determination of no historic properties affected <br /> and the.Assessment concluded that no valued, historical, or natural resources, <br /> including traditional and customary native Hawaiian rights, will be affected or <br /> impaired by the proposed rezone. <br /> • Possible adverse effect or impairment of valued resources: As mentioned <br /> previously, there is no evidence of any possible adverse effects or impairments <br /> that will occur to any valued resources. <br />
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