COM 0565.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 4 will be disposed in a septic system, meeting the requirements of the Department of Health. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is not proximate to the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. According to the applicant, no valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the azea. 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 azea, historical survey of documentary records, or botanical study was included in the application. By letter dated August 17, 2006, the DLNR-HPD has stated that "no historic properties will be affecting by this undertaking." • The valued cultural, historical, and natural resources found in the rezoning azea: According to the applicant, there are no valued cultural, historical and natural resources found in the rezoning azea. The property was previously used for sugaz cane. The DLNR-HPD has stated that "no historic properties will be affected by this undertaking." • Possible adverse effect or impairment of valued resources: Given the scope of work previously conducted and the property's urban setting, no known raze, threatened, or endangered species are known to inhabit the pazcel or aze expected to be discovered on the site. • 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 aze exercised, the proposed action will not