PD RECOMMENDATION REPORT (PL-SPP-2022-000018)

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which will be addressed by conditions of the recommendation regarding the request to amend SMA 417. Given the preceding, the request will not be contrary to the General Plan and North Kohala Community Development Plan. The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management program. The Special Management Area (SMA) is part of the Coastal Zone Management Program, regulated by the County. The subject property is located in the SMA and the applicant has concurrently applied to amend their existing SMA Use Permit for which the Planning Director is also recommending approval as the proposed use meets the criteria for granting an SMA Permit. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. 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. These 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: An archeological assessment of the subject property, including the permit area, was done by Haun and Associates on February 16, 2001. Additionally, a botanical survey of the subject property was conducted on February 12, 2001. The valuable cultural, historical, and natural resources found in the area: The archeological assessment concluded that no historic or prehistoric artifacts or structures were observed on the proposed building sites. The Lincoln Family Burial Site is located near the subject property, to which access is provided in accordance with the recorded public access plan. By letter dated October 5, 2022, the State Historic Preservation Division (SHPD) indicated that a previous project review resulted in a"no historic properties affected" determination and that due to the impacts on the permit area by the development of the existing retreat center, it is unlikely that any unidentified historic -8-