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<br /> <br /> <br /> <br /> <br /> <br /> Honorable James Y. Arakaki, Chainnan <br /> and Members of the County Council <br /> Page 5 <br /> <br /> By letter dated May 17, 2004, the applicant has requested a "no effect" letter from <br /> the DLNR-HPD. No professional surveys were conducted of the site. By letter dated <br /> June 25, 2004, the State Department of Land and Natural Resources Historic Preservation <br /> Division has indicated that "residential development/urbanization has altered the land; <br /> thus, we believe that no historic properties will be affected by this undertaking." The <br /> applicant has stated that should any archaeological features or sites be discovered during <br /> the development of this project, work will immediately cease and the applicant will notify <br /> the Planning Department. <br /> <br /> No professional flora or fauna surveys were conducted of the site. The applicant <br /> does not believe that rare or endangered floral or faunal resources are on the site. The <br /> property is located in an urban setting close to existing industrial and commercial uses <br /> and was previously cleared and used as a dwelling site. Introduced bird species include <br /> the dove, Japanese White-Eye, house finch and mynah. Domestic animals such as cats <br /> and dogs and other animals such as rats and mongoose are present on the site. Vegetation <br /> on the site includes lychee trees and an avocado tree. Due to its abandoned state, other <br /> <br /> plants normally associated with abandoned properties are present, including the African <br /> tulip and gunpowder trees, ivy gourd and other shrubs. <br /> <br /> The subject 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 project site is located more than two miles from the shoreline <br /> and will not be impacted by coastal hazard and beach erosion. There is no record of a <br /> designated public access to the shoreline or mountain areas that traverses the property. <br /> According to the applicant, no valued cultural, historical or natural resources exist on the <br /> property and there is no evidence of any traditional and customary Native Hawaiian rights <br /> being practiced on the site. Thus, it is not anticipated that the proposed request will have <br /> any adverse impact on cultural or historical resources in the area. Therefore, no action is <br /> necessary to protect these rights. <br /> <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 tenns of the cultural, historical, and natural resources and the <br /> associated traditional and customary practices of the site: <br /> <br /> Investigation of valued resources: No formal archaeological reconnaissance <br /> survey, oral history of kamaaina accounts of the area, historical survey of documentary <br /> records, botanical and/or fauna study was submitted. <br />