PD Background Report Ching (PL-REZ-2023-044)

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Although only the ohia tree is native, it— like the others identified above — is not listed for inclusions on or considered endangered on either the National or State registers. Thus, floral impacts should be minimal. This site is not known to be a habitat for any rare or endangered animal life. Given its elevation plus the stand of trees north of the subject site, however, it would be possible to find the Hawaiian Hawk (Fo) and the Hawaiian Owl (Pueo) flying in the area. If needed, appropriate protocols outlined by the State Department of Land and Natural Resources - Division of Forestry relative to tree cutting can be observed. E. Historic/Cultural/Archaeological Resources As the site was and continues to be used for cattle grazing and other crops, an archaeological inventory survey of the subject site was not performed. In conjunction with the consideration for the FA-3a rezoning request in 2007, it was represented that the site did not have any archaeological or cultural resources. Although a letter requesting a determination of "no historic properties affected"from the Department of Land and Natural Resources — Historic Preservation Division ("SHPD")was submitted then, to date, there has been no response. Notwithstanding the above, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease, and the Applicants will immediately notify the Planning Department and SHPD. F. Valued Cultural Resources In view of the recent 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. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It was represented by the prior landowner in its application as well as the Applicants that neither of them observed any native Hawaiians using the subject or immediate surrounding area in the recent past for the gathering of plants nor learned of any information to that effect from area residents. The property itself, historically and currently maintained for cattle grazing, 8