COM 0652.000 2008-2010 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chail111an and Members of the County Council Page 4 In view of the Hawai'i State Supreme Court's "PASH" and "Ka Pa 'a/wi 0 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: An Archaeological Inventory Survey and Limited Cultural Assessment for the Proposed Acquisition of Drainageway Lands Project was conducted by Rechtman Consulting, LLC in August 2006 which included the subject propeliies. Additionally, a Botanical Survey, Mohouli Drainage Area was conducted by Geometrician Associates, LLC and a Survey of Avian and Terrestrial Mammalian Species, Kukllau Street to Kapi'olani Road Mohouli Drainage Improvement Project was conducted by Rana Productions, Ltd in September 2006 for the County Department of Public Works' project to acquire existing drainage way lands, which included the subject properties. . The valued cultural, historical, and natural resources found in the rezoning area: The Archaeological Inventory Survey identified a single archaeological site on parcel 48 identified as SHPD Site 25547 and detel111ined the site is probably historic in origin and considered significant for the infonnation it has yielded regarding early twentieth century use. The survey concluded that the site was recorded in detail and has virtually no excavation potential, thus requires no further work or preservation. Additionally, the survey concluded that the properties do not contain valued cultural or natural resources and no traditional or customary native Hawaiian rights are being practiced on the site. According to the Botanical Survey and the Survey of Avian and Terrestrial Mammalian Species, no listed, threatened or endangered plant, mammalian or avian species were found on the properties. . Possible adverse effect or impairment of valued resources: The property does not abut the shoreline, therefore Hawaiian gathering and fishing rights is not an issue. Native plants may be destroyed by ground alteration. There is no evidence that the flora in the area are particularly desired or used for cultural practices. . Feasible actions to protect native Hawaiian rights: To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to protect these rights. A condition of approval will be included to require the applicant to notify the DLNR-SHPD should any unidentified sites or remains be