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Pete Hoffmann, Chainnan <br />and Members of the County Council <br />Page 11 <br />there is no evidence of any traditional and customary Native Hawaiian rights being <br />practiced on the site. Thus, it is not anticipated that the proposed request will have any <br />adverse impact on cultural or historical resources in the azea. <br />In view of the 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: The following information was submitted with <br />the application: <br />• Biological Surveys of TMK(3J 7-3-10.•003, 051, 052, 053 and 054, as well as <br />Portions of the Proposed Homestead Road Conduced for the Lokahi Kau <br />Development, North Kor:a District, Island of Hawaii, by Reginald E. David of <br />Rana Productions, Ltd., dated July 13, 2006 (Appendix A) <br />• Archaeological Inventory Survey TMK: 3-7-3-1 D.• 03, Land of Ooma 1, North <br />Kona District, Island of Hawaii by Haun and Associates dated August 2000 <br />(Appendix B) <br />• An Archaeological Mitigation Plan for Ten Sites on TMK: 3-7-3-1 D.• 03, Ooma 1 s` <br />Ahupuaa, North Kona District, Island of Hawaii by Rechtman Consulting, LLC <br />dated November 2004 (Appendix C) <br />• Cultural Impact Assessment Associated with the Proposed Development ofLokahi <br />Kau (TMKs: 3-7-3-O1 D: DD3, DD6, 051, 052, 053, 054), Doma lsst and Kalaoa 5`h <br />Ahupuaa, North Kona District, Island of Hawaii, by Robert B. Rechtman, Ph.D., <br />March 2006 (Appendix D) <br />The valuable cultural, historical, and natural resources found in the rezoning area: <br />An azchaeological study, cultural impact assessment study, as well as flora/fauna <br />studies were conducted of the site and surrounding azea. An archaeological mitigation <br />plan has been accepted and approved by DLNR-HPD. The applicant proposes to include <br />an archaeological preserve area to protect Site 23417, which was recommended for <br />preservation. <br />Possible adverse effect or impairment of valued resources: Established standards <br />and controls to manage potential negative effects should effectively limit and mitigate <br />foreseeable long-term impacts. Native plants could be destroyed by construction and <br />ground alteration. The property does not abut the shoreline, therefore Hawaiian gathering <br />and fishing rights is not an issue. <br />