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Valerie Poindexter, Council Chair <br /> and Members of the County Council <br /> Page 8 <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statutes, <br /> relating to Coastal Zone Management Area. The entire State of Hawai`i lies within <br /> the Coastal Zone Management (CZM) area. The intent of the Coastal Zone Management <br /> Program is to guide and regulate public and private uses in the CZM area with respect to <br /> recreational resources, historic resources, public access to shoreline, scenic and open <br /> space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, <br /> managing development, public participation and beach protection. Both subject <br /> properties, at about the 1,100-foot elevation, are not situated within the County's Special <br /> Management Area(SMA) and are located over four (4) miles from the nearest coastline. <br /> The proposed change of zone and the subsequent subdivision are not anticipated to <br /> change the visual attributes of the existing views of the ocean from North Wilder Road or <br /> from Akolea Road. The views of Mauna Kea and Mauna Loa from Kaumana Drive will <br /> not be affected. The property is not listed as a distinctive and identifiable landmark as <br /> identified in the Hawai`i County General Plan. Thus, the proposed request and use of the <br /> property will not adversely impact those resources. <br /> Due to previous grading, grubbing and cattle grazing activity, the applicants. <br /> indicated that it is unlikely that any threatened or endangered floral or faunal species are <br /> present on the property. At the time of this writing, the U.S. Fish and Wildlife Service <br /> (USFWS) had not commented on the proposed project. However, in other nearby <br /> projects, the USFWS stated that the endangered Hawaiian Hawk and Hawaiian Hoary Bat <br /> have been observed in the vicinity of the proposed project area. In addition, the <br /> endangered Hawaiian Petrel, the threatened Newell's shearwater and the band-rumped <br /> storm petrel may transit the project area. According to USFWS, "potential impacts to <br /> seabirds can be minimized by: 1) shielding outdoor lights associated with the project, <br /> particularly when used during each year's peak fledging period (September 15 through <br /> December 15); 2) avoiding night-time construction; and 3) providing all project staff with <br /> information regarding seabird fallout. Conditions will be included to address the USFWS <br /> concerns regarding the endangered Hawaiian Hawk (Buteo solitarius), Hawaiian Hoary <br /> Bat (Lasiurus cinereus semotus), Hawaiian Petrel (Pterodroma sandwichensis), Newell's <br /> shearwater(Puffinus auricularis newelli) and the band-rumped storm petrel <br /> (Oceanodroma Castro). <br /> Presently, the applicant states that there is no evidence of any traditional and <br /> customary Native Hawaiian rights being practiced on the site, nor existence of known <br /> valued cultural, historical or native resources in the area. The DLNR-SHPD has <br />