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<br /> Honorable Gary Safarik, Chairman <br /> <br /> and Members of the County Council <br /> <br /> Page 8 <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to <br /> Coastal Zone Management Area. The property is not situated within the Special <br /> Management Area. It is located approximately six miles from the nearest coastline and <br /> therefore, will not be impacted by coastal hazard and beach erosion. There are no <br /> identified recreational resources, historic resources, public access to the shoreline or <br /> mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or <br /> other natural and environmental resources in the area. Thus, the proposed request and use <br /> of the property will not adversely impact those resources. Because the property and <br /> surrounding areas have been previously used to pasture livestock, it is not anticipated that <br /> endangered or threatened candidate species of flora or fauna are located within the subject <br /> property, nor has the area been identified as a significant botanical or biological habitat. <br /> Presently, there is no evidence of any traditional and customary Native Hawaiian rights <br /> being practiced on the site, nor existence of known valued cultural, historical or native <br /> resources in the area. Thus, it is not anticipated that the proposed request will have any <br /> adverse impact on cultural or historical resources in the area. <br /> In view of the recent 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 kamaaina accounts of the area, historical survey of documentary <br /> records, botanical and/or fauna study was submitted. <br /> The valuable cultural, historical, and natural resources found in the rezoning area: <br /> As the site was formerly used for pasturing, and there is asingle-family dwelling on the <br /> property, an archaeological inventory survey of the site was not conducted. By letter <br /> dated July 5, 2004, the applicants have requested a "no effect" letter from the State <br /> Historic Preservation Division. A condition will be included to require the applicants to <br /> cease any activities on the site and notify the Planning Department if any unanticipated <br /> archaeological features or sites are discovered during the course of improving the site. <br /> Possible adverse effect or impairment of valued resources: The applicants have <br /> stated that there is no evidence of any traditional and customary Native Hawaiian rights <br /> being practiced on the site, nor existence of any known valued cultural, historical or <br /> native resources in the area. Therefore, to the extent to which traditional and customary <br /> native Hawaiian rights are exercised, the proposed request will not affect traditional <br /> <br />