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<br /> <br /> <br /> <br /> <br /> <br /> Stacy Higa, Chairman <br /> and Members of the County Council <br /> Page 4 <br /> <br /> candidate species of flora or fauna are located within the property, and the area has not <br /> been identified as a significant botanical or biological habitat. <br /> <br /> According to the applicant, "prior to and during the construction phase of this <br /> project, no native Hawaiians were observed visiting the site to gather plants or worship or <br /> traversing the site for access to other parts in this area." In the event that legitimate <br /> gathering claims are made by native Hawaiians, the applicant intends to respect and honor <br /> such claims and provide the needed access within the site. It is not anticipated that the <br /> proposed request will have any adverse impact on cultural resources in the area. <br /> <br /> The Flood Insurance Rate Maps (FIRM) indicate that the area is located in Zone <br /> "X," areas outside the 500-year flood plain. No formal archaeological study was <br /> submitted. The applicant states that "the site has been surveyed by an archaeologist, and <br /> appropriate mitigation has and/or will be taken in conjunction with the development of <br /> this project." By letter dated November 30, 2005, the applicant requested a "no effect" <br /> letter. By letter dated January 25, 2006, the DLNR-HPD responded that "no historic <br /> properties will be affected because this project has gone through the historic review <br /> process, and mitigation has been completed." Given the subdivision's urban setting, the <br /> presence of any known rare, threatened, or endangered species or endangered floral and <br /> fauna species is remote. The subdivision is not used for access to the mountains or <br /> shoreline and no access to these areas will be impacted by the proposed action. <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: As the project area is already subdivided, no <br /> formal archaeological, cultural or botanical survey was included with the request. <br /> <br /> • The valued cultural, historical, and natural resources found in the rezoning area: <br /> Regarding historical resources in the area, the HPD has stated that the project has <br /> gone through the historic review process, and mitigation has been completed. <br /> According to the applicant, "prior to and during the construction phase of this <br /> project, no native Hawaiians were observed visiting the site to gather plants or <br /> worship or traversing the site for access to other parts in this area." In the event <br /> that legitimate gathering claims are made by native Hawaiians, the applicant <br /> intends to respect and honor such claims and provide the needed access within the <br /> site. Given the subdivision's urban setting, the presence of any known rare, <br />