PD BACKGROUND REPORT (PL-SPP-2022-000012)

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search by a qualified ornithologist using standard methods will be conducted. If Hawaiian hawk nests are present, no land clearing will be allowed until October, when hawk nestlings will have fledged. Finally, the quarry would agree to shield any exterior lighting from shining upward to minimize the potential for disorientation of seabirds, in conformance with the County's outdoor lighting standards. As the Project Site do contain a few isolated `Ohi`a trees, the Applicant will implement the following mitigation protocols to minimize the spread of Rapid `Ohi`a Death (ROD): • Prior to clearing the edges of the quarry, any isolated `Ohi`a trees on the boundary will be identified. Any such trees that are not planned for removal on the edges of the quarry will be protected from disturbance entirely or cut and chipped or buried to ensure that they do not present a ready target for ROD infection that could spread to other trees; • Treat any unavoidable scars on `Ohi`a trees that result from clearing to prevent infestation of the fungus; • Stack all removed `Ohi`a trees and dispose of by burying or chipping; do not remove from project site. Decontaminate boots and work tools before and after working in an area with `Ohi`a trees; • Implement any other recommendations imposed as part of the Special Permit. 9. Archaeological Resources An archaeological inventory survey of the Project Site was conducted by ASM affiliates and detailed in a report dated September 2019 (see Appendix 2 of FEA). Fieldwork consisted of a pedestrian survey that provided 100% coverage of the Project Site. No archaeological sites or other historic properties of any kind were identified. Past ground disturbance activities within the Project Site indicate that the potential for subsurface archaeological resources are unlikely. The study concluded "that the Yamada & Sons, Inc. quarry and stockpiling project will not impact any know historic properties" and that "no further work needs to be conducted within the [Project Site]...". 10. Cultural or Native Gathering Rights A cultural impact assessment (CIA) of the Project Site was conducted by ASM affiliates and detailed in a report dated September 2019 (see Appendix 3 of FEA). According to the study, there are no known customary or Native Hawaiian cultural rights exercised within the Project Site. The Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka `Aina" decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In addition to the CIA and as part of the environmental assessment process, the Office of Hawaiian Affairs, the Keaukaha-Pana`ewa Farmers Association, and the Sierra Club were also consulted by mail to determine whether they had any information on natural or cultural resources that might be present or affected. 10 Page