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COM 1051.000 2022-2024
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COM 1051.000 2022-2024
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Last modified
10/7/2024 4:14:18 PM
Creation date
9/18/2024 8:45:34 AM
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Communications
Communications - Type
COM
Communications - Council Term
2022-2024
Communication
1051
Point
000
Author
Mitchell D. Roth, Mayor
Communications - Referred To
LAAC
Document Relationships
AGE COUNCIL 2024-10-16 2022-2024
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Path:
\Council Records\Agendas\2022-2024\Council
AGE COUNCIL 2024-11-08 2022-2024
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Path:
\Council Records\Agendas\2022-2024\Council
AGE LAAC 2024/10/01 (2022-2024)
(Related)
Path:
\Council Records\Agendas\2022-2024\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 209 Draft 01 2022-2024
(Related To)
Path:
\Council Records\Bills\2022-2024
REP LAAC 070 2024/10/01 2022-2024
(Related)
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 Hawaii <br />September 09, 2024 <br />Page 6 <br />There are no severe geological or topographical problems which cannot be <br />properly rectified, or which would render the land unusable. According to the Flood <br />Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency <br />(FEMA), the property is mainly located within Flood Zone "X", which is an area outside <br />of the 500-year flood plain. There is a portion of the property which is within Flood Zone <br />"D", which is an unstudied area where flood hazards are undetermined, but possible. The <br />subject property is situated over four (4) miles from the shoreline and thus not situated <br />within the tsunami inundation area or evacuation area. <br />The request is not contrary to Chapter 205A, Hawaii Revised Statues, <br />relating to Coastal Zone Management. The property is not located in the Special <br />Management Area. The site is located over 4 miles mauka of the shoreline and therefore <br />will not be impacted by coastal hazard and beach erosion. There are no identified <br />recreational resources, public access to the shoreline or mountain areas, scenic and open <br />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 O <br />Ka Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights <br />must be addressed in terms of the cultural, historical, and natural resources and the <br />associated traditional and customary practices of the site: <br />Investigation of valued resources: According to the applicant, no archaeological <br />survey of the site was conducted as part of the application. The property is not listed as a <br />historic site on the State or National Register of Historic Places. <br />The valued cultural, historical, and natural resources found in the rezoning area: <br />The Department is not aware of any cultural or historic resources on the property. <br />According to the applicant, there is no evidence of any traditional and customary Native <br />Hawaiian rights being practiced on the property. By letter dated August 2, 2024, the <br />Department of Land and Natura Resources -State Historic Preservation Division <br />determined that there was insufficient information to determine the potential of the <br />proposed project to impact on historic properties. SHPD requested that an archaeological <br />field inspection to be completed of the subject property to determine if undocumented <br />historic properties exist in the project area. Based on the preceding, a condition of <br />approval has been added to require that the applicants complete an archaeological field <br />inspection, including proposed mitigation measures will need to be submitted to SHPD <br />prior to any ground disturbance. <br />
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