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The Honorable J Yoshimoto, Chairman <br /> and Members of the County Council <br /> Page 6 <br /> The proposed request will not have a significant adverse impact to <br /> traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme <br /> Court's "PASH" and "Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native <br /> Hawaiian gathering and fishing rights must be addressed in terms of the cultural, <br /> historical, and natural resources and the associated traditional and customary practices of <br /> the site: <br /> Investigation of valued resources: As the project site is located within an urban <br /> environment close to commercial and residential uses and was previously used as a <br /> dwelling site, no professional archaeological or flora/fauna surveys were conducted. The <br /> Department of Land and Natural Resources Historic Preservation Division (DLNR -HPD) <br /> has stated that no historic properties will be affected as previous grubbing /grading has <br /> altered the land and HPD previously reviewed the subject parcel and determined no <br /> historic properties were present. <br /> • The valuable cultural, historical, and natural resources found in the rezoning area: <br /> No formal archaeological reconnaissance survey, oral history of kama`aina <br /> accounts of the area, historical survey of documentary records, or botanical study <br /> was included in the application. The applicant has received archaeological <br /> clearance from the DLNR -HPD, as the property was reviewed previously and <br /> grubbed in 2009. A condition of the change of zone will require that the applicant <br /> cease work and notify the SHPD should any unanticipated archaeological features <br /> or sites be uncovered during the course of development. <br /> • Possible adverse effect or impairment of valued resources: The applicant believes <br /> that the project will not negatively impact existing flora and fauna on the parcel, <br /> as the property was previously used as a dwelling site. Native plants may be <br /> destroyed by ground alteration. There is no evidence that the flora in the area are <br /> particularly desired or used for cultural practices. The property is not adjacent <br /> and /or proximate to the shoreline. As such, gathering of marine life, fishing and <br /> coastal access is not an issue. <br /> • Feasible actions to protect native Hawaiian rights: As stated by the applicant, no <br /> gathering is taking place on the site. Thus, to the extent to which traditional and <br /> customary native Hawaiian rights are exercised, the proposed action will not <br /> affect traditional Hawaiian rights; therefore, no action is necessary to protect these <br /> rights. <br /> Based on the above findings, approval of this change of zone request from a <br />