COM 0494.000 2004-2006 - Laserfiche WebLink

Home

Stacy Higa, Chairman and Members of the County Council Page 5 The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located more than two miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. 1n view ofthe 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 property is fully developed, an archaeological inventory survey of the site was not conducted. The applicant has stated that work will cease and the Planning Department will be notified if any unanticipated archaeological features or sites are discovered during the course of improving the site. Possible adverse effector impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources - Historic Preservation Division (DLNR-HPD) should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR- HPD. The applicant has stated that there is no evidence of any traditional and customary Native Hawaiians rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised,