PD Recommendation Report (PL-USE-2022-000006)

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In addition to the criteria for granting a Use Permit, the request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The subject property is located about 4.7 miles from the nearest shoreline and is not located in the Special Management Area, and therefore will not be impacted by coastal hazards and beach erosion. There are no identified coastal recreational resources, coastal scenic and open space resources, coastal ecosystems, and beach or marine resources in the area, thus the proposed request will not adversely impact coastal resources. Additionally, there is no record of a designated public access to the shoreline or mountain areas that traverses the property and no gathering or other traditional practices have been documented. 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: A cultural resources review, field inspection, and consultation with native Hawaiian organizations was completed in an Archaeological Inventory Survey (AIS) by Scientific Consultant Services (SCS) and included in a report dated July 11, 2022. The valued cultural, historical, and natural resources found in the area: The AIS indicated that there are four sites that are eligible for listing on the National Register of Historic Places and/or on the Hawai'i Register of Historic Places located within the 0.5- mile radius of the area of potential effects (APE). The sites include three churches and the ruins of a fourth church. The report also indicates that there are historic properties documented within a 0.25-mile radius of the proposed facility site. Site 50-10-28-31352 is documented in the AIS and consists of an agricultural complex comprised of five features (3 terraces and 2 rock mounds). However, there were no historic subsurface remains identified after completing a single test unit and 3 stratigraphic trenches. Site 50- 10-28-31352 was interpreted as a late pre-Contact to early post-Contact era agricultural -7-