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Aaron S.Y., Chung, Council Chair <br />and Members of the County Council <br />Page 14 <br />work order). The culmination of the investigation was a Board of Land and Natural <br />Resources (BLNR) Enforcement Action letter and associated 6E Violation Report from <br />SHPD to the BLNR dated December 8, 2017. SHPD has indicated that they will not <br />finish review of the draft AIS until the violation has been rectified. <br />Based on the preceding, the Planning Director cannot provide a finding of no <br />impact on historic resources in the area at this time. To ensure that impacts on the historic <br />resource are appropriately identified and mitigated, the Director is recommending a <br />condition requiring the applicant to secure review and approval of the draft AIS and <br />implement interim preservation mitigation measures as may be recommended by SHPD <br />prior to the issuance of any other land alteration pen -nits. Furthermore, the condition will <br />require the implementation of mitigation for the historic area cemetery as directed by <br />SHPD prior to issuance of Final Subdivision Approval. <br />The valued cultural, historical, and natural resources found in the rezoning area. <br />As mentioned above, the draft AIS identified one archaeological site consisting of an <br />historic area cemetery, which was assessed as significant under criterion "d" as it is likely <br />to yield infonnation important to history and under criterion "e" as it has important value <br />to Hawaiian people and people of other ethnic backgrounds in the State. <br />Possible adverse effect or impainnent of valued resources: While it is possible <br />that native plants may be destroyed by ground alteration, there is no evidence that the <br />flora located within the project area are particularly desired or used for cultural practices. <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 affect <br />traditional Hawaiian rights; therefore, no action is necessary to protect these rights. <br />However, in addition to the AIS condition mentioned above, a condition of approval will <br />be added for the protection of inadvertent finds should any remains of historic sites, such <br />as rock walls, terraces, platfonns, marine shell concentrations or human burials be <br />encountered. <br />Lastly, this recommendation is made with the understanding that the applicant <br />remains responsible for complying with all other applicable governmental requirements <br />in connection with the proposed use, prior to its commencement or establishment upon <br />the subject properties. Additional governmental requirements may include the issuance <br />