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Stacy Higa, Chairman <br />and Members of the County Council <br />Page 9 <br />practiced on the site. 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 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: The following information was submitted for <br />review: <br />• Archaeological Inventory Survey of the Kau Development Area, Rechtman <br />Consulting, June, 2003 <br />Biological Reconnaissance, Lands of Kau, North Kona, Hawaii, Patrick Hart, <br />Ph.D. October, 2003 <br />• Biological Assessment of the Lava Tubes of the Hiluhilu Development Area, Kau, <br />North Kona, Hawaii, Francis G. Howarth, David J. Preston, Shelley Anne James, <br />December 2003 <br />• Hiluhilu Cave Fauna Survey (Hawaii Biological Survey, December 2003) <br />• Cultural Impact Study, Maria E. Ka'imipono Orr, December 11, 2003 <br />• Integrated Natural Cultural Resource Management Plan (INCRMP) for <br />Palamanui, March 2005. <br />The valuable cultural historical and natural resources found in the rezoning area: <br />An Archaeological Inventory Survey was completed by Rechtman Consulting, LLC and <br />finalized in June, 2003. Of the 83 archaeological sites recorded during the study, 12 are <br />recommended for preservation, 30 are recommended for data recovery, and no further <br />work is recommended for the remaining 41 sites. Twenty-two (22) of the eighty-three <br />(83) sites, as well as a 65 -acre dryland native forest will be preserved, and valuable cave <br />areas and certain view planes will be managed under an Integrated Natural Cultural <br />Resources Management Plan (INCRMP) as part of this project. The applicant has stated <br />that work will cease and the Planning Department will be notified if any unanticipated <br />archaeological features or sites are discovered during the course of project development. <br />Possible adverse effect or impairment of valued resources: The Final <br />Environmental Impact Statement accepted by the State Land Use Commission on October <br />7, 2004, addressed probable impacts and mitigative measures as a result of project <br />development. Although the project will have a significant impact on the land, some <br />impacts are positive, and many negative impacts can be mitigated. Established standards <br />and controls that require developers to consider and manage potential negative effects <br />