COM 0907.000 2004-2006 - Laserfiche WebLink

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Stacy Higa, Chairman and Members of the County Council Page 6 Department of Health. All other essential utilities and services are or will be made available to the site. In view of the recent 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, or botanical study was included in the application. However, there are existing archaeological studies of the immediate area. • The valued cultural, historical, and natural resources found in the rezoning area: According to the applicant, the parcel is located at the 4,600-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Park Service study of the area. This study identified remains of an agricultural field system up to the 3,500-foot elevation. In a letter dated February 22, 2006, the DLNR-HPD stated that "this property is situated in the highest elevation of Kaloko subdivision where previous archaeological studies have confirmed that historic properties are highly unlikely (Haun 2001; Nees & Williams 1995; Rechtman 2002). SHPD has previously addressed proposed projects at this elevation and determined sites are unlikely..." • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by construction or ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from an Agricultural 20-acre (A-20a) to the Agricultural 10-acre (A-]Oa) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare.