.PD BACKGROUND REPORT (PL-SMA-2023-000038)

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urban area, it does not appear likely that rare or endangered plant life exists on the site. The subject site and much of the surrounding areas have or are developed with structures. As such, it does not appear likely that one would find rare or endangered animal life on the site. The floral and faunal implications should thus be negligible, if at all. F. Archaeolo2icalImplications As the site had been fully disturbed when the original SMA application was considered in 1998 and in subsequent time extensions, no archaeological inventory survey was prepared for the site. In its letter, dated June 21, 2006, the State Historic Preservation Division ("SHPD") gave a determination of "no historic properties will be affected"for a prior grading permit. Subsequently, in a letter dated March 14, 2019, commenting on the last time extension request, the SHPD confirmed the absence of any studies of the subject site. However, while it had no objections to the requested time extension, it requested an opportunity to review any permits involving ground disturbance. (Exhibit D) Notwithstanding the prior comments from SHPD, in being proactive, the Applicant commissioned Kulaiwi Archaeology, LLC to do an Archaeological Assessment("AA") of the site. The June 2023 draft AA found "No archaeological sites or features...within the project area. " Due to the site being completely altered mechanically, the AA concluded that based on the survey results, "No further archaeological work is recommended. " (Exhibit E) During the course of developing the subject site, in the event any inadvertent discoveries of cultural or archaeological features are discovered, work will immediately cease. The SHPD and the County Planning Department will be consulted before work resumes in the affected area. G. 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 traditional and customary practices of this site. In this situation, the subject site is not adjacent to the shoreline and there were no known trails identified on the subject site. As such, fishing and/or coastal access should not be an issue. 10