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In addition to the criteria for granting a Use Permit,the request is not contrary <br /> to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management <br /> Area. The property is not located within the Special Management Area and is <br /> approximately one mile from the nearest coastline. There is no record of a designated <br /> public access to the shoreline or mountain areas traversing the property. Due to the project <br /> site's distance from the shoreline,the property will not impact any recreational resources, <br /> scenic and open space or visual resources,coastal ecosystems and marine coastal resources. <br /> The request will not have a significant adverse impact to traditional and <br /> customary Hawaiian Rights.In view of the Hawaii State Supreme Court's"PASH" and <br /> "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and <br /> fishing rights must be addressed in terms of the cultural, historical, and natural resources <br /> and the associated traditional and customary practices of the site. <br /> Investigation of valued resources:No formal archaeological reconnaissance survey, <br /> oral history of kama`dina accounts of the area, historical survey of documentary records, <br /> or botanical study was included in the application because the property has been developed <br /> for residential use since 1948. <br /> The valued cultural, historical, and natural resources found in the area: According <br /> to the applicant, no archeological or historical features are known to exist on the subject <br /> property. The subject property has been previously cleared for the construction of an <br /> existing single-family dwelling and driveway. The remainder of the property is being used <br /> to grow ornamental plants, palm trees, fruit trees, and a grass yard. There are no known <br /> endangered or listed plant species on the property. <br /> According to the applicant, it is not known whether the subject property or <br /> immediate surrounding area has been used in the recent past for the gathering of plants by <br /> Native Hawaiians. Furthermore, the applicant has not observed any Native Hawaiians <br /> gathering plants or conducting any other customary and traditional practices on the site or <br /> the adjoining properties. <br /> No professional surveys were conducted of the flora/fauna resources on the <br /> property. According to the applicant, the likelihood of any rare or endangered species, <br /> 5 <br />