.PD RECOMMENDATION REPORT (PL-SMA-2024-000047)

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will utilize Best Management practices during construction to minimize any coastal impacts during construction. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: Based on the long development history of the subject parcel is highly unlikely that any historic sites would be found on the property. In conformance with review criteria the project was submitted to the State Historic Preservation Division (SHPD) for a HRS, Ch. 6E-42 review, however, no response was received from SHPD, this is typical when SHPD agrees that the proposed project will not have any impacts or effects on any valued resources in the area. The valuable cultural, historical, and natural resources found in the area: The applicant notes that the subject parcel is located adjacent to an established public shoreline access trail and no changes to access or use are proposed or anticipated. It is not known whether the subject site or immediately surrounding area was ever used for the gathering of plants by native Hawaiians. Given the residential development of the area, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Thus,the project does not appear to present any cultural impacts. Possible adverse effects or impairment of valued resources: No floral or faunal species listed as threatened, endangered, or proposed for listing under the federal or state endangered species statutes were identified on the site. Additionally, no species used for cultural gathering purposes were identified within the project area. The residential nature of the surrounding areas would make it less likely to find other protected or endangered animal life in this area. All construction activities will follow Best Management Practices to minimize adverse point and non-point pollution to coastal resources and surrounding areas. Feasible actions to protect native Hawaiian rights: A public pedestrian access route to the shoreline runs through the County owned parcel located just south of the 7