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Honorable James Y. Arakaki, Chairman <br />and Members of the County Council <br />Page 9 <br />survey has been conducted of the subject area and recommends that an archaeological <br />inventory survey be conducted for their review and approval. If significant historical sites <br />are identified, a mitigation plan may be required. The applicant has stated that work will <br />cease and the applicant will notify the Planning Department if any unanticipated <br />archaeological features or sites are discovered during the course of improving the site. A <br />condition will be included to require the submittal of a "no effect" letter from DLNR- <br />HPD as well as the completion of an archaeological inventory survey and acceptance by <br />the DLNR-HPD. As the agency has indicated that their maps show the possible presence <br />of a trail on the subject site, a condition will be included to require the applicant to obtain <br />a determination from the DLNR-HPD to ascertain the presence of any State-owned trails <br />on the property, and if so, that there shall be no disturbance or alteration of such trails <br />without the agency's written approval. <br />Possible adverse effect or impairment of valued resources: Native plants could be <br />destroyed by construction and ground alteration. The subject property does not abut the <br />shoreline, therefore Hawaiian gathering and fishing rights is not an issue. <br />Feasible actions to protect native Hawaiian rights: Conditions of approval will be <br />included to require the applicant to notify the Department of Land and Natural Resources <br />- Historic Preservation Division (DLNR-HPD) should any unidentified sites or remains <br />be encountered, and proceed only upon an archaeological clearance from the DLNR- <br />HPD. The applicant has stated that no Native Hawaiians have used the subject or <br />immediate surrounding area in the recent past for gathering of plants. Thus, it is believed <br />that the project would have no adverse impact relative to the cultural and historical <br />resources of the area. To the extent to which traditional and customary Native Hawaiian <br />rights are exercised, the proposed action will not affect traditional Hawaiian rights and no <br />action is necessary to protect these rights. <br />For your favorable consideration, an amendment to Section 25-8-28 (Ka'u District Zone Map) of <br />the County Zoning Code is transmitted. <br />