COM 1401.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 6 In view of the 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. These 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: A study titled "Archaeological Assessment, Cultural Impact Assessment and Botanical Survey for a 3.8 -acre Parcel at Honomakau, Pueuehu Ahupuaa, North Kohala, Hawaii Island (TMK: 5-4-8: 2) was conducted by Cultural Surveys Hawaii, Inc. in September 2006 and no archaeological, historical, or cultural sites were identified on the site. The DLNR-HPD has reviewed this project during the HPDES assessment phase and stated that no historic properties would be affected by the proposal. The valuable cultural historical, and natural resources found in the area: The archaeological/cultural/botanical survey conducted on the project site revealed no endangered species or historical sites. However, a condition will be included to require the applicant to cease work and notify the DLNR-HPD should any remains be discovered on the site, until given clearance to proceed by the DLNR-HPD. Possible adverse effects or impairment of valued resources: Native vegetation may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. The DLNR-HPD has indicated that no historic properties will be affected by this project. Feasible actions to protect native Hawaiian rights: The applicant has stated that there is no evidence of any traditional or customary Native Hawaiian rights being practiced on the project site, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. Based on the above findings, the approval of the Change of Zone request from an Agricultural (A -20a) to a Residential (RS -15) zoned district would result in an appropriate land use pattern that will further benefit the public. The accompanying draft bills to amend the State Land Use Boundary Maps and Section 25-8-7 (North and South Kohala District Zone Map) of Chapter 25, Zoning Code, of the Hawaii County Code, are provided for your favorable consideration to the County Council. Please note the proposed conditions of approval attached to the draft change of zone bill.