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5 s , <br />The Honorable Dr. Holeka Goro Inaba <br />and Members of the County Council <br />County of Hawaii <br />November 23, 2025 <br />Page 7 <br />As there is no municipal wastewater system in this area, a condition of approval <br />will require wastewater to be disposed of by an individual wastewater system, meeting <br />the requirements of the Department of Health. This will be done by the respective <br />landowner in conjunction with the construction of a dwelling. <br />The subject property is located within an area designated as Flood Zone "X", or <br />an "Area of Minimal Flood Hazard." As conditions of this recommended ordinance, all <br />development generated runoff shall be disposed of onsite and not be directed toward any <br />adjacent properties. Moreover, all earthwork and grading shall comply with Hawaii <br />County Code Chapter 10, Erosion and Sediment Control and all development shall <br />comply with Hawaii County Code Chapter 27, Floodplain Management. Finally, the <br />applicant will be required to comply with the State Department of Health water pollution <br />control rules which may require the applicant to secure an NPDES permit. <br />All other essential utilities and services are or can be made available to the site. <br />The subject request is not contrary to Chapter 205A, Hawaii Revised <br />Statues, relating to Coastal Zone Management. The property is not located in the <br />Special Management Area. The site is located approximately 3.5-miles from the nearest <br />shoreline and therefore will not be impacted by coastal hazard and beach erosion. There <br />is no record of designated public access that traverses the property. No valued cultural, <br />historical or natural resources exist on the property and there is no evidence of any <br />traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is <br />not anticipated that the proposed request will have any adverse impact on cultural or <br />historical resources in the area. <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: No formal archaeological reconnaissance <br />survey, oral history of kama`aina accounts of the area, historical survey of <br />documentary records, or botanical study was included in the application. <br />■ The valued cultural, historical, and natural resources found in the rezoning area: <br />As the property was previously grubbed and cleared and has been partially used <br />as a house site, it is anticipated that no historic properties will be affected. The <br />area now supports mostly non-native and invasive plant species. Located in an <br />