COM 1471.000 2006-2008 - Laserfiche WebLink

Home

Pete Hoffmann, Chairman and Members of the County Council Page 5 The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The project site is located about a quarter mile from the shoreline and will not be impacted by coastal hazard and beach erosion. The shoreline in this area is characterized by high sea cliffs. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, 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 area. Therefore, no action is necessary to protect these rights. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. 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 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 azchaeological reconnaissance survey, oral history of kama'aina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The applicant's agent has requested a "no effect" letter from the Department of Land and Natural Resources Historic Preservation Division (DLNR-SHPD). The valuable cultural, historical, and natural resources found in the rezoning area: The property has been in residential use for 30 years; therefore it is unlikely that valuable habitat exists for native terrestrial species. Possible adverse effector impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The property does not abut the shoreline; therefore Hawaiian fishing rights is not an issue. Feasible actions to protect native Hawaiian rights: Conditions of approval will be included to require the applicants to notify the DLNR-SHPD should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR-SHPD. There is no evidence of any traditional and customary Native Hawaiians rights being practiced on the 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