PD RECOMMENDATION REPORT (PL-SMA-2022-017)

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not disrupt untouched landscapes as the lot has been previously graded and includes existing minor construction (walls). No part of the development is proposed within the shoreline setback, nor will it impact the public access on the makai side of the parcel, thus helping to preserve the coastline. The proposed development 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 rights, such as gathering and fishing rights, must be addressed. These 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: The applicant submitted a Cultural Analysis (CA) report for the subject parcel to address the preservation and protection of customary and traditional Hawaiian practices that may occur on or around the subject parcel. A review of the cultural-historical background information specific to the project area identified a portion of the ala loa, a historic coastal trail that once traversed through the project area. This trail meandered along the coastal portion of Lanihau and the neighboring ahupua`a and connected to the royal settlement at Kamakahonu. That portion of the trail that once extended through the Kona Bay Estates subdivision has been destroyed as a result of ongoing residential development. Concerning that portion of the ancient ala loa trail identified within the project area, the Ala Kahakai National Historic Trail Draft Comprehensive Management Plan & Environmental Impact Statement resolved that "In Kona Bay Estates and Lanihau subdivisions traditional access rights were asserted via a lawsuit". As a result,the ala loa was restored by relocating it on a low rock wall fronting each of the lots in the Kona Bay Estates Subdivision. Possible adverse effect or impairment of valued resources: Regarding the potential for the inadvertent discovery of human skeletal remains along the shoreline following periods of large surf, it is recommended that in the event that skeletal remains wash up along the shoreline, the landowner will contact the appropriate agencies including DLNR- State Historic Preservation and Division (SHPD) and Division of Conservation and Resources Enforcement (DOCARE). To prevent impacts on the -8-