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Aaron S.Y. Chung, Council Chair and Members of the County Council Page 6 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: An archaeological reconnaissance survey was conducted during March-June 1998 by William J. Bonk. The survey noted that possible presence of an unmarked burial. Subsequently, a Burial Treatment Plan was prepared and approved by the Burial Council. This resulted in the remains being reinterred in the descendants' family plot in North Kohala in November 2000. A copy of the Burial Treatment Plan, dated July 2000, and the court appointed commissioner's report, dated February 2, 2001 are found in Appendix A of the application. Subsequently, an Archaeological Inventory Survey(AIS) of the subject site was performed by Haun and Associates. The report, dated October 2001, was approved by the State Historic Preservation Division (SHPD) in a letter, dated May 8, 2002. The report and approval letter are found in Appendix B of the application. ■ The valued cultural, historical, and natural resources found in the rezoning area. As mentioned above, the remains found in the unmarked burial on the property were reinterred in the descendants' family plot in North Kohala in November 2000. The 2001 AIS identified thirteen(13) sites consisting of forty six (46) features. The site types included habitation, agriculture, ranching and a burial. Of the thirteen(13) sites, twelve (12) were determined to be significant solely for their information content. The remaining site was the burial which had been relocated as noted above. Thus,per the approved AIS, it does not appear that any archaeological resources would be affected by this proposed development. • • Possible adverse effect or impairment of valued resources: Native plants may be destroyed by ground alteration. 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 stated by the applicants, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. However, 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