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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 5 By letter dated October 6, 2003, the DLNR-HPD has determined that no historic properties will be affected by this project because residential development/urbanization and previous grubbing/grading has altered the land. No professional surveys were conducted of the site due to the history of disturbance. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the project site has been disturbed and is located within an urban environment close to existing industrial and commercial uses. In view of the Hawai'i State Supreme Court's "PASH" and "Ka Pa 'akai 0 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: As the property has been previously disturbed, no formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valuable cultural, historical, and natural resources found in the project area: In a letter dated October 6, 2003, the DLNR-HPD states, "no historic properties will be affected by this undertaking." Possible adverse effect or impairment of valued resources: As stated by the State Department of Land and Natural Resources Historic Preservation Division, "no historic properties will be affected by this undertaking." The site has already been disturbed and as such, the project should not result in an irreversible commitment of natural or archaeological resources. Feasible actions to protect native Hawaiian rights: According to the applicant, the property is not used for native Hawaiians for the gathering of plants or gathering. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the applicant intends to respect and honor such claims and provide the needed access within the site. Based on the above findings, this request for a Change of Zone from an Agricultural (A-Sa) to a Family Agricultural (FA-2a) zoned district would result in an appropriate land use pattern and further the public convenience, necessity and general welfare.