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

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program. The Special Management Area (SMA) is part of the Coastal Zone Management Program regulated by the County. The subject property is not proximate to the shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems and marine resources. Additionally, the project site is not located in the SMA, and there is no record of a designated public access to the shoreline or mountain areas that traverses the property. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. The request 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 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: Investigation of valued resources: 1) No archaeological inventory survey or flora/fauna study of the property was conducted due to the significantly developed nature of the property. Furthermore, past ground disturbance activities within the property, which included backfilling, would indicate that the potential for subsurface archaeological resources is unlikely. The valuable cultural, historical, and natural resources found in the permit area: The subject site is not adjacent to or proximate to the shoreline. As such, there shold be no impact on fishing and/or coastal access. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised on the property. Furthermore, there are no known archaeological or historic resources on the property and the flora/fauna found on the property are largely introduced species consistent with that of an urban area, thus not considered to be particularly endangered or culturally significant. Possible adverse effect or impairment of valued resources: Given the lack of valued resources identified on the property, it is unlikely that such resources will be impaired. Feasible actions to protect native Hawaiian rights and valued resources: To the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights and no action is necessary to -10-