PD Recommendation Report (PL-USE-2023-000008)

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Investigation of valued resources: EBI Consulting (EBI) prepared a Natural Resources Review of the subject property, dated February 22, 2023, which supports a National Environmental Policy Act (NEPA) review of the proposed telecommunications facility, completed in accordance with FCC procedures. According to EBI, the purpose of the review is to determine whether further environmental review is required and whether the proposed facility will result in significant impacts to federal lands, listed species, flood zones, or other significant changes to surface features. The valued cultural, historical, and natural resources found in the area: The review by EBI finds that 25 federal-listed (endangered or threatened) species are known to occur within the project vicinity, however the proposed facility location is not within a designated critical habitat. Furthermore, the permit area has been graded in the past and existing vegetation consists mostly of grass. Possible adverse effect or impairment of valued resources: The above-referenced Natural Resources Review concludes that suitable habitats are not present at the proposed project site that would be capable of supporting listed or endangered species that may be present in the area. As such, the EBI review states the proposed facility is anticipated to have "no effect" on identified listed species. Additionally, as the tower will have no exterior lighting, it is not anticipated to adversely affect migratory birds. By letter dated January 9, 2023, the Department of Land and Natural Resources-State Historic Preservation Division (SHPD) states that no historic properties will be affected by the proposed project. A request for comment was sent to the State Department of Land and Natural Resources — Division of Forestry and Wildlife, however no response has been received as of the date of this writing. Feasible actions to protect native Hawaiian rights: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. An inadvertent finding condition will be added in the unlikely event resources are discovered on the property during construction activities. Lastly, this approval is made with the understanding that the applicant remains -7-