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<br /> Stacy Higa, Chairman <br /> <br /> and Members of the County Council <br /> <br /> Page 6 <br /> transmission and distribution lines, pump stations, and seven reservoirs which extend to <br /> approximately the 5,100-foot elevation. The reservoirs have a capacity of 500,000 <br /> gallons. Wastewater generated by the proposed development will be disposed of by <br /> individual wastewater disposal systems for each lot, meeting the requirements of the <br /> Department of Health. All other essential utilities and services are or will be made <br /> available to the site. <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 /> • 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 /> • The valued cultural, historical, and natural resources found in the rezoning azea: <br /> According to the applicant, the parcel is located at the 4,200-foot elevation and <br /> was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 <br /> National Park Service study of the area. This study identified remains of an <br /> agricultural field system up to the 3,500-foot elevation. <br /> • Possible adverse effect or impairment of valued resources: Native plants maybe <br /> destroyed by construction or ground alteration. According to the applicant, there <br /> is no evidence that the flora in the area are particularly desired or used for cultural <br /> practices. <br /> • Feasible actions to yrotect native Hawaiian rights: According to the applicant, no <br /> gathering is taking place on the site. Thus, to the extent to which traditional and <br /> customary native Hawaiian rights are exercised, the proposed action will not <br /> affect traditional Hawaiian rights; therefore, no action is necessary to protect these <br /> rights. <br /> Based on the above findings, approval of the Change of Zone request from an <br /> Agricultura120-acre (A-20a) to the Agricultural 10-acre (A-l0a) district would result in <br /> an appropriate land use pattern that will further the public necessity and convenience and <br /> the general welfare. <br /> <br />