COM 0769.000 2002-2004 - Laserfiche WebLink

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Honorable James Y. Arakaki, Chairman and Members of the County Council Page 4 Special Management Area. It is located approximately five miles from the nearest coastline and therefore, will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. Because the property has been previously grazed by cattle, it is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property, nor has the area been identified as a significant botanical or biological habitat. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The proposed request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural, historical, and natural resources found in the rezoning area: As the site was formerly used for pasturing, and there are two single-family dwellings on the property, an archaeological inventory survey of the site was not conducted. In a memo dated January 2, 2004, the DLNR-SHPD indicated that "we believe no historic properties are present because intensive cultivation has altered the land; thus, no historic properties will be affected by this undertaking." A condition will be included to require the applicant to cease any activities on the site and notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. Possible adverse effect or impairment of valued resources: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the immediate area. Therefore, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed request will not affect traditional Hawaiian rights, and no action is necessary to protect these rights. The subject property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue.