PD Background Report BWA LLC (PL-SPP-2023-033)

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18. By memo dated January 13,2004 the State Department of Land and Natural Resources Historic Preservation Division has indicated that they believe "there are no historic properties present because intensive cultivation has altered the land, and no historic properties will be affected by this undertaking." According to the applicant,because the property consists of former sugarcane land that was completely and intensively cultivated for nearly a century, there are no observable or otherwise known archaeological resources on or associated with the property. 19. In view of the recent Hawaii State Supreme Court's "DASH"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 kamaaina accounts of the area, historical survey of documentary records, botanical and/or fauna study was submitted. The valuable cultural,historical, and natural resources found in the rezoning area: As the site was formerly cultivated in sugar cane, an archaeological inventory survey of the site was not conducted. By letter dated January 13,2004,the DLNR-HPD has indicated that"we believe there are no historic properties present [because] intensive cultivation has altered the land. Thus, we believe that no historic properties will be affected by this undertaking." However, a condition will be included to require the applicant to notify the Planning Department if any unanticipated archaeological features or sites are discovered during the course of improving the site. Possible adverse effect or impairment of valued resources: Native plants could be destroyed by construction and ground alteration. The subject property does not abut the shoreline,therefore Hawaiian gathering and fishing rights is not an issue. Feasible actions to protect native Hawaiian rijzhts: Conditions of approval will be included to require the applicant to notify the Department of Land and Natural Resources -Historic Preservation Division(DLNR-HPD) should any unidentified sites or remains be encountered, and proceed only upon an archaeological clearance from the DLNR-HPD. The applicant has stated that since the property was intensively cultivated in sugarcane production for approximately 100 years,no traditional and customary native Hawaiian rights are exercised in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. 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 protect these rights. 20. Based on the above considerations, the request to construct a visitor center, parking lot and related uses would be an unusual and reasonable use of land within the State I,-