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Aaron S.Y., Chung, Council Chair and Members of the County Council Page 13 identified recreational resources or public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property as the project site has been historically used for sugar cane cultivation and more recently grubbed and cleared for cattle grazing and sweet potato cultivation. The request will not have a significant adverse impact to traditional and ,customary Hawaiian Rights. In view of the 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: A draft Archaeological Inventory Survey (AIS) of the project site was completed by Scientific Consultant Services, Inc in July 2016 as part of an after -the -fact Grubbing Permit Application required of the applicant in response to a County grubbing violation. The draft AIS identified only one archaeological site (Site #50-10-35-30572), which consisted of a historic era cemetery used from the late 1800s through the 1940s. The AIS found 11 possible headstones in the cemetery indicating that people of Hawaiian, Asian, and other ancestry are interred there. The AIS indicated that the cemetery be "recommended for preservation in place with preservation treatments outlined in a burial treatment plan (BTP) to be prepared for and approved by the Hawaii Island Burial Council (HIBC) and the Hawaii State Historic Preservation Division (SHPD)." A revised AIS was submitted to SHPD in February of 2017 and a draft BTP was prepared in February 2017 by Scientific Consultant Services, Inc. (attached to the application as Appendix B). The draft BTP recommended that the burials be preserved in place. The applicant proposes to accomplish this by creating a 2.11 -acre lot to preserve the cemetery along with other interim and long-term preservations measures as recommended by the Burial Treatment Plan. To date SHPD has not finalized review of the draft AIS to determine next steps (e.g. whether a BTP or a Preservation Plan is most appropriate action) or mitigation measures for the cemetery site due to an alleged civil and administrative violation action under HRS 6E-11. This violation action stemmed from an investigation into damage to the cemetery by heavy equipment during the land clearing activities that precipitated the County's grubbing violation. This investigation spanned several site visits and found damage to the cemetery from at least two (2) instances of unpermitted grubbing (including one instance after the County issued a stop