COM 0181.000 2016-2018 - Laserfiche WebLink

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Valerie T. Poindexter, Council Chair and Members of the County Council Page 7 The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the recent 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: As stated above, an archeological assessment for a 0.047 -acre, undeveloped portion of the property was included with the application for change of zone. The valued cultural historical and natural resources found in the rezoning area. The majority of the site has been has previously been cleared and used as a school site for 25 years. An archaeological study was conducted in 2016 and found no archaeological or historic sites on the undeveloped portion of the subject property and previous studies have determined that no archaeological or historical resources were found on the property. As such, 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 impairments will occur to any valued resources. Since the property was previously bulldozed and cleared in the past, it is unlikely that any archaeological or historic features exist on the property. Additionally, 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: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. In addition to the preservation buffer condition referenced above, 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-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon