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

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of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. 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. As the Project Site is located about 2.9 miles from the shoreline and has been significantly altered in the past, the FEA found that no valued cultural, historic, or natural resources related to traditional and customary practices were identified within the project site, and no traditional and customary native Hawaiian rights are exercised therein. Archaeological and biological surveys conducted by the Applicant and included within the FEA could not identify any such valued resources within the Project Site. For these reasons, the Applicant could find no evidence of any possible significant adverse effects or impairments that will occur to any valued resources should this Special Permit request be approved. Should the Applicant inadvertently encounter any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, the Applicant agrees to cease work in the immediate area and contact the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-HPD), resuming activities only upon securing archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. I. CONCLUSION Based on the discussion above, the Applicant finds that the issuance of a Special Permit to allow for the establishment of quarrying and stockpiling activities within the Project Site consisting of 37.882 acres and situated within the State Land Use Agricultural District would support the objectives sought to be accomplished by the State Land Use Law and Regulations. 19 1 Page