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approved plan. None of the proposed improvements will impede this access or its <br /> activities. <br /> Further, the nature of the project is of such a nature that water quality to the <br /> nearshore waters should not be compromised given the appropriate wastewater <br /> system will be installed. <br /> B. Historical and Cultural Resources <br /> While the site does not have any archaeological resources, there are cultural <br /> implications. As noted earlier, <br /> 1. Traditional and Customary Native Hawaiian Rights: The owners of the <br /> Retreat have lived in the community for nearly 50 years. During the past 15 <br /> years, traditional Hawaiian ceremonies and customary protocols have been held <br /> on this land. Further, local divers, fishermen, and pickers of opihi have frequently <br /> parked and then traversed the property to access the ocean. <br /> 2. Coastal Public Access: The subject property is a shoreline parcel. The project <br /> area is approximately 100 feet from the cliff. The required lateral and <br /> mauka/makai shoreline public access plan, as identified in Figure 4, is in <br /> compliance with Condition 5 of SMA Use Permit No. 417. The public access trail <br /> was created and maintained on a regular basis. Public parking was created for <br /> those wishing to access the trails. <br /> 3. Lincoln Burial: There is an existing burial(s) on adjacent TMK:5-4-009:20 within <br /> the State Land Use Conservation District consisting of .779 acres. Figure 4 also <br /> depicts an access easement on TMK:5-4-009:14 to the burial site. <br /> In sum, the Applicant has been very sensitive of the cultural aspects of the property <br /> and accommodated these aspects into its program. It can thus be reasonably <br /> concluded that this project would have no significant adverse impact relating to <br /> native Hawaiian cultural and historical resources and/or practices that cannot be <br /> otherwise mitigated. <br /> C. Scenic and Open Space Resources <br /> The only reasonable open space in this area would be the shoreline. The project is <br /> not adjacent to the shoreline, as there is a band of Conservation District. The <br /> coastal use would not be significantly visually or otherwise impacted by this project. <br /> Further, the height and size of the proposed hale would be within the existing <br /> agricultural fields and thus somewhat not overly visible within the Retreat, let alone <br /> from the shoreline or the Highway. <br /> 12 <br />