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The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O <br /> Ka'Aina"decisions require decision-makers to consider a project's <br /> impact to native Hawaiian gathering and fishing rights. Specifically, <br /> there must be a discussion of the cultural, historical, and natural <br /> resources and associated traditional and customary practices of this <br /> site and the impact of this project to these resources and practices. <br /> In this situation, the subject site is not adjacent and/or proximate to the <br /> shoreline. As such, gathering of marine life and coastal access is not <br /> an issue. <br /> It is not known whether the subject or immediate surrounding area <br /> was used in the recent past for the gathering of plants by native <br /> Hawaiians. Almost, if not all of the existing vegetation on the parcel <br /> now consists of introduced plant species. Further, the Applicants have <br /> not observed any native Hawaiians on the site or adjoining properties <br /> gathering plants in recent times. Thus, it would appear unlikely that <br /> the site would serve such purpose today. <br /> The cultural impacts, if any, thus appear to be non-existent. However, <br /> in the event legitimate gathering claims are made by native <br /> Hawaiians, the Applicants intends to respect and honor such claims <br /> and provide the needed access within the site. <br /> F. Volcanic and Earthquake Hazards <br /> The United States Geological Survey (USGS) classifies the area as <br /> Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The <br /> populated area of Kailua-Kona also falls in this category, while the City <br /> of Hilo is classified Zone 3. There is very little that can be done to <br /> mitigate this situation and reflects an ongoing threat to all residents <br /> and businesses in these areas. <br /> The entire island of Hawaii falls within Earthquake Zone 4, according <br /> to the County Building Code. As such, certain structural requirements <br /> have been taken during the building permit process to address this <br /> seismic hazard. In this situation, the Applicants have no plans to <br /> make further improvements to the building. In the event it does, <br /> compliance with these requirements will be addressed during the <br /> building permit process. <br /> G. Other <br /> 11 <br />