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<br /> <br /> <br /> <br /> <br /> <br /> Stacy Higa, Chairman <br /> and Members of the County Council <br /> Page 5 <br /> <br /> to the applicant, there is no record of historic sites on the property in either the National <br /> or State Registers. By letter dated October 23, 2005, the applicant has requested a "no <br /> effect" letter from the State Department of Land and Natural Resources Historic <br /> Preservation Division." <br /> <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to <br /> Coastal Zone Management. The property is not located in the Special Management Area. <br /> The site is located approximately seven (7) miles mauka of the shoreline and therefore <br /> will not be impacted by coastal hazard and beach erosion. There is no record of a <br /> designated public access that traverses the property. According to the applicant, no <br /> valued cultural, historical or natural resources exist on the properties and there is no <br /> evidence of any traditional and customary Native Hawaiian rights being practiced on the <br /> site. Thus, it is not anticipated that the proposed request will have any adverse impact on <br /> cultural or historical resources in the area. <br /> <br /> Water is available to the site. Wastewater generated by the proposed development <br /> will be disposed of by individual wastewater disposal systems for each lot, meeting the <br /> requirements of the Department of Health. All other essential utilities and services are or <br /> will be made available to the site. <br /> <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 /> <br /> • Investigation of valued resources: No formal archaeological reconnaissance <br /> survey, oral history of kamaaina accounts of the area, historical survey of <br /> documentary records, or botanical study was included in the application. <br /> However, there are existing archaeological studies of the immediate area. <br /> <br /> • The valued cultural, historical, and natural resources found in the rezoning area: <br /> In similar rezoning in the Kaloko Mauka Subdivision, the State Department of <br /> Land and Natural Resources Historic Preservation Division has stated that the <br /> likelihood of historic sites is extremely low due to elevation and terrain and no <br /> historic properties will be affected by this undertaking. <br /> <br /> <br /> • Possible adverse effect or impairment of valued resources: Native plants may be <br /> destroyed by construction or ground alteration. There is no evidence that the flora <br /> in the area are particularly desired or used for cultural practices. <br />