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COM 0817.000 2022-2024
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COM 0817.000 2022-2024
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Last modified
4/24/2024 9:10:09 AM
Creation date
4/16/2024 1:48:19 PM
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Communications
Communications - Type
COM
Communications - Council Term
2022-2024
Communication
0817
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 150 Draft 01 2022-2024
(Related To)
Path:
\Council Records\Bills\2022-2024
REP LAAC 056 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 5 <br /> approval prior to receipt of Final Subdivision Approval. <br /> Lastly, existing conditions of approval require the applicant to secure approval of <br /> a drainage study from the Department of Public Works prior to issuance of a construction <br /> permit and that the applicant will be required to construct any recommended drainage <br /> improvements, prior to issuance of Final Subdivision Approval. <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statutes, <br /> relating to Coastal Zone Management. The project site is located over one mile from <br /> the nearest shoreline and is not situated within the SMA. Thus, the property will not be <br /> affected by coastal hazards and beach erosion. There are no identified recreational <br /> resources, historic resources, public access to the shoreline or mountain areas, scenic and <br /> open space preserves, coastal ecosystems, or marine resources on the subject property. <br /> In view of the Hawaii State Supreme Court's PASH and "Ka Pa'akai 0 Ka'aina" <br /> decisions, the issue relative to native Hawaiian gathering and fishing rights must be <br /> addressed in terms of the cultural, historical, and natural resources and the associated <br /> traditional and customary practices of the site: <br /> Investigation of valued resources: No formal archaeological reconnaissance <br /> survey, oral history of kama'aina accounts of the area, historical survey of documentary <br /> records, or botanical study was included in the application, however, during the original <br /> rezoning process in 2009, the Department of Land-and Natural Resources— State Historic <br /> Preservation Division (SHPD) determined that "no historic properties will be affected by <br /> this project" after a SHPD staff archaeologist conducted site visits for all development <br /> phases of the project. <br /> The valued cultural, historical, and natural resources found in the rezoning area: <br /> As mentioned above, SHPD determined that no historic properties would be affected. <br /> Furthermore, as the site has been historically utilized for sugar cane cultivation and for <br /> cattle grazing. The predominant vegetation type on the property is characterized as <br /> pastureland comprised of a mixed grass and herb association with scattered shrubs. The <br /> vegetation of the site is dominated by introduced or alien species with no candidate, <br /> proposed, or listed threatened or endangered species identified. Fauna resources <br /> including the Short-eared Owl or Pueo and the Hawaiian Hawk or `Io are known to the <br /> area and are commonly found in open grasslands and agricultural lands in Kohala. In a <br /> letter dated October 17, 2005, the DLNR Division of Forestry and Wildlife had no <br /> objections to the project, with no further need for consultation. <br />
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