COM 0904.000 2008-2010 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 8 ranching. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. 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 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 archaeological reconnaissance survey or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area. As the site was used extensively for cattle grazing in the past, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impainnents will occur to any valued resources. Feasible actions to protect native Hawaiian rights: The Department of Land and Natural Resources -State Historic Preservation Division commented that a search of their records found that no archaeological inventory survey has been conducted of the subject parcel. Because historic properties in this area are known to exist (from both pre- Contact and historic -era times, DLNR -SHPD is recommending that an archaeological inventory survey be conducted by a qualified archaeologist for their review and approval. a condition of approval will be added requiring the applicant to submit and receive approval of an archaeological inventory survey to the DLNR -SHPD prior to the issuance of any land alteration permits or the submittal of plans for Final Subdivision Approval, whichever occurs first. Additionally, a condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR -HPD when it finds that sufficient mitigation measures have been taken.