WPC PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER

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by letter dated August 17, 2010, requesting a "no-effect" determination from that agency, SHPD has not responded to the request. 51. A portion of the Kaumana Cave is accessible from the upper portion of the Property. Connections has agreed, per PD's Recommendation condition 5, to maintain a minimum 100-foot buffer along the cave's entire perimeter within the Property to alleviate concerns about impact from the Development on the cave's ecosystem. No use, structures or land alteration activities shall be permitted within this Kaumana cave preservation buffer. 52. A botanical survey of the Property identified 11 native plant species, but none of those species are considered protected species. 53. Invertebrate, mammalian and field surveys were conducted on the Property. No protected species were documented to be present on the Property. 54. No traditional or customary native Hawaiian rights have been identified as being exercised on the Property. Likewise,there is no known public access to the mountains or the shoreline that runs through the Property. IV. STATEAND COUNTYPLANS 55. The Property is within the State Land Use Agricultural District. A school is not a permitted use within the Agricultural district; however, a school may be permitted in this district if a special permit is obtained for such use pursuant to Section 205-6, HRS and Rule 6 of the Commission Rules. 56. The County of Hawaii General Plan Land Use Pattern Allocation Guide ("LUPAG")Map designates the Property for low density urban uses. The LUPAG designation of Low-Density urban use, allows for residential uses,with ancillary community and public uses, and neighborhood and convenience-type commercial uses. 10