PD RECOMMENDATION REPORT (PL-REZ-2022-032)

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mountain areas, scenic and open space preserves, coastal ecosystems, or marine resources on the subject property. 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: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The applicant is requesting to delete Condition J (Archaeological Survey),which required the completion of an archaeological survey or study prior to the receipt of final subdivision approval based on a prior determination by SHPD that"no historic properties would be affected"by the proposed four(4)-lot subdivision by letter dated April 2, 2005, completing their HRS Chapter 6E-42 review. In the letter, SHPD indicated that archeological sites would be unlikely on the subject property given results of an assessment on the adjoining property and other investigations of properties at a similar elevation. According to the DPW, approval from SHPD will still be required for specific grubbing and grading activities,which will be covered under requirements of Chapter 10 (Erosion and Sedimentation Control). Based on the preceding,the Planning Director recommends approval of this request. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW), provided comments to address the impact of the proposed project on endangered or threatened flora and fauna that may occur in the project area, specifically the Hawaiian Hawk(`Io), Hawaiian hoary bats, Hawaiian goose (Nene), and seabirds. Additionally, DOFAW provided comments regarding the spread of Rapid `Ohi`a Death and the spread of invasive plant species. A condition of approval will be included to address the recommendations provided by DOFAW. The valued cultural, historical, and natural resources found in the rezoning area: Neither the applicant nor the Department area not aware of any cultural or historic resources on the property. According to the applicant, while the property is covered in native forest, there is no evidence of any traditional and customary Native Hawaiian -6-