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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" <br /> and "Ka Pa`akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering <br /> and fishing rights must be addressed in terms of the cultural, historical, and natural <br /> resources and the associated traditional and customary practices of the site. <br /> Investigation of valued resources: The applicant submitted an Archaeological <br /> Field Inspection (AFI) from ASM Affiliates, which covered the entirety of the permit <br /> area. Additionally, the applicant submitted a Botanical Survey and Vertebrate Fauna <br /> Assessment from Geometrician Associates, LLC, which also covered the entire permit <br /> area. <br /> The valued cultural, historical, and natural resources found in the special permit <br /> area: According to the AFI, the permit area is located at the southern end of the of a vast <br /> cultural landscape that has been termed archaeologically as "the Kona Field System", a <br /> 140- square mile landscape of dry-land agricultural fields developed by native Hawaiians <br /> who lived in the Kona district. The permit area is within the `apa`a zone, approximately <br /> 1,099 feet to 1,131 feet above sea level, conducive for growing taro, sweet potato, sugar <br /> cane, and ti. However,previous ground disturbance and development in the permit area <br /> has removed any trace of this agricultural system. <br /> The AFI found one (1)potential historic artifact on-site consisting of a 50-meter <br /> portion of a rock wall that was constructed in the early to mid-20th century. According to <br /> the applicant, the rock wall remnant will remain intact within the permit area and will not <br /> be affected by the proposed project. Consequently, the AFI found that since most of the <br /> Area has been previously disturbed and developed, there are"no historic properties <br /> affected." <br /> The Flora/Fauna survey determined that while there were some native species of <br /> flora found within the permit area, none were considered threatened or endangered. <br /> Furthermore, no threatened or endangered faunal species were observed on-site. Thus, the <br /> survey concluded that due to the developed nature of the site and its proximity to <br /> Mamalahoa Highway, the presence of threatened or endangered species is unlikely. <br /> -10- <br />