PD Recommendation Report Black Sand Beach (PL-SMA-2023-046)

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providing a new revenue stream to the area to support on-going restoration efforts and the community. The project area is adequately served with essential services, such as water, electricity, and telephone. Wastewater will be directed to the existing privately owned WWTP, and stormwater will be managed on site via approved drainage and other supporting structures. Additionally, DEM-Solid Waste Division is requiring a Solid Waste Management Plan be submitted and approved by DEM prior to occupancy of the development. As such the proposed development is consistent with the County General Plan, Zoning Code, and Ka'u Community Development Plan. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. hi 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: A Cultural Impact Assessment (CIA) was completed in 2006 to complement the 2006 Draft EIS for the SeaMountain at Punalu'u project. The report identified important cultural places and uses present within the project site such as stone cultural remains, petroglyphs and trail segments, a fishpond, marine resources, and the black sand beach itself. An update to the 2006 CIA was conducted in April 2023 which consisted of an archival review of the 2006 CIA, a review of the 2023 archaeology report, and an ethnographic survey (which included oral history interviews). A draft Archeological Inventory Survey (AIS) of the entire project area was conducted in 2005 as part of the 2006 Draft EIS. In preparation for this current project the applicant conducted an update to the 2005 draft AIS with an "Addendum Archeological Inventory Survey" for the Punalu'u black sand beach property which was conducted in March 2023. It was found that the proposed development and redevelopment activities will occur within previously disturbed portions of the project site and will avoid direct impacts to any of the previously identified historic properties. Staff notes that in July 2023, the Planning Department submitted the addendum to the AIS to the State Historic -10-