PD Recommendation Report New Hope-Waikoloa (PL-SPP-2023-042)

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any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. 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: An Archeological Assessment(AA) of the permit area was prepared by Kualaiwi Archeology, LLC, dated April 2023. No formal botanical study was included in the application. The valued cultural, historical, and natural resources found in the special permit area: According to the AA, "No archeological sites or features were identified within the project area" and that"the absence of archeological sites within the parcel is likely attributable to the rugged and and conditions within the area." The entire parcel has been historically used for cattle grazing and the property is vacant of any structures. According to the applicants, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. None of the floral or faunal species observed by the applicant are listed or endangered and given the findings of the Environmental Impact Statement(EIS) conducted in 2007 for the Waikoloa Highlands project across Waikoloa Road, the applicant does not believe that rare or endangered faunal resources are likely to be found in the permit area. Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the historical use of the entire property for cattle grazing, as mentioned above. Feasible actions to protect native Hawaiian rights: As stated by the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and -10-