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Possible adverse effect or impairment of valued resources: Based on the <br /> preceding studies, it is unlikely that the proposed project will have an adverse effect on <br /> valued resources. However, if future development plans of the education center propose <br /> new ground disturbance in the vicinity of the wall remnant, further archaeological <br /> assessments should be completed and approved prior to commencement. <br /> Furthermore, there were no threatened or endangered species found within the <br /> permit area, so there will be no adverse effect on those resources. <br /> Finally, given the developed nature of the permit area, it is unlikely that <br /> traditional and customary native Hawaiian rights are exercised thereon. <br /> Feasible actions to protect native Hawaiian rights: A condition of approval will <br /> require the applicant to secure SHPD approval prior to issuance of any land alteration <br /> permits should the applicant propose any ground disturbance in the vicinity of the rock <br /> wall in the future. <br /> Because there is no evidence that traditional and customary native Hawaiian <br /> rights are occurring within the permit area, the proposed action will not affect traditional <br /> Hawaiian rights; therefore, no action is necessary to protect these rights. <br /> Lastly, this approval is made with the understanding that the applicant remains <br /> responsible for complying with all other applicable governmental requirements in <br /> connection with the approved use, prior to its commencement or establishment upon the <br /> subject property. Additional governmental requirements may include the issuance of <br /> building permits, compliance with the Fire Code, installation of improvements required by <br /> the American with Disabilities Act (ADA), among many others. Compliance with all <br /> applicable governmental requirements is a condition of this approval; failure to comply <br /> with such requirements will be considered a violation that may result in enforcement action <br /> by the Planning Department and/or affected agencies. <br /> Based on the preceding findings,it is recommended that this request to allow the <br /> development and operation of the "Hi`ialo/Captain Cook Learning Center" including a <br /> preschool, community education programs, and related improvements on a 1.25-acre <br /> portion of a larger 5.98-acre area of land be approved. Approval of this request is subject to <br /> the following conditions: <br /> -11- <br />