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The development will to the extent feasible, reasonably protect native <br /> Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's <br /> "PASH" and "Ka Pa'akai O Ka'Aina" decisions, the issue relative to native Hawaiian <br /> rights, such as gathering and fishing rights, must be addressed in terms of the cultural, <br /> historical, and natural resources and the associated traditional and customary practices of <br /> the site. <br /> Investigation of valued resources:No formal archaeological reconnaissance survey, <br /> oral history of kama`aina accounts of the area, historical survey of documentary records, <br /> or botanical study was included in the application. <br /> The valuable cultural, historical, and natural resources found in the area: As the <br /> property has been vacant, it is unlikely that there are any valued cultural, historical, and <br /> natural resources to be found in the project area. <br /> Possible adverse effects or impairment of valued resources: Vegetation may be <br /> destroyed by ground alteration. There is no evidence of any possible adverse effects or <br /> impairments will occur to any valued resources. <br /> Feasible actions to protect native Hawaiian rights: To the extent that traditional and <br /> customary native Hawaiian rights are exercised, the proposed action will not affect <br /> traditional Hawaiian rights. The proposed project will not restrict the use of natural <br /> resources along the shoreline, as all proposed work will be set back 40 feet from the <br /> shoreline. Conditions of approval have been added to protect endangered, threatened, and <br /> indigenous Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) and the <br /> Hawaiian Hawk (`Io) and to utilize native plants in site landscaping. A condition of <br /> approval will be added for the protection of inadvertent finds should any remains of historic <br /> sites, such as rock walls,terraces,platforms, marine shell concentrations or human burials <br /> be encountered. The applicants shall be required to cease work in the immediate area and <br /> contact the Department of Land and Natural Resources — State Historic Preservation <br /> Division(DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance <br /> from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. <br /> Lastly, this approval is made with the understanding that the Applicant remains <br /> responsible for complying with all other applicable government requirements in connection <br /> -6- <br />