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If this cannot be avoided, woody plants greater than 15 feet(4.6 meters) tall should not be <br /> disturbed, removed, or trimmed without consulting the DLNR Division of Forestry and <br /> Wildlife (DOFAW). The State listed Hawaiian Hawk, or `Io (Buteo solitarius)is also <br /> known to occur in the project vicinity. If any tree cutting occurs between March and <br /> September, DOFAW must be consulted first. A pre-construction hawk nest search by a <br /> qualified ornithologist using standard methods must be conducted. If nests are found, no <br /> land clearing is permissible until October. <br /> The movement of plant or soil material between worksites, such as fill, must be <br /> minimized. Soil and plant material may contain invasive fungal pathogens such as Rapid <br /> `Ohi`a Death (ROD), vertebrate and invertebrate pests such as Little Fire Ants <br /> (Wasmannia auropunctata), or invasive plant parts that could harm native species and <br /> ecosystems. All equipment, materials, and personnel should be cleaned of excess soil. <br /> Gear that may contain soil, such as work boots and vehicles, should be thoroughly <br /> cleaned, and sprayed with 70% alcohol solution to prevent the spread of ROD and other <br /> harmful fungal pathogens. If any material removed from the site is moved to areas <br /> without fire ants or ROD, the material will be inspected and treated if necessary. No <br /> `Ohi`a trees are present on the properties; therefore, none will be cut down during <br /> construction. <br /> 3H. Valued Cultural Resources <br /> In view of the Hawaii Supreme Court's "PASH" and "Ka Pa`akai O Ka`Aina" decisions, <br /> the issue relative to native Hawaiian gathering and fishing rights must be addressed. <br /> Specifically, there must be a discussion of the cultural, historical, and natural resources <br /> and associated traditional and customary practices of this site. <br /> No known archaeological sites, historical, or cultural resources are known to be located <br /> on the property. It is not known whether the subject site or immediate area was ever used <br /> for traditional and customary rights by native Hawaiians. Given the residential <br /> development of the area, and that the site has been cleared, it would appear very unlikely <br /> that the site would serve such a purpose today and/or in the recent past. Thus, the project <br /> does not appear to present any cultural impacts. However, in the event documented <br /> claims of gathering or access are made of this site the applicant will honor them. <br /> 3I. Public Access <br /> The subject parcel is not adjacent to or near any shoreline or mountainous areas, therefore <br /> public access will not be impacted by the request. <br /> 3J. Description of Access <br /> Access to the subject property is via a driveway off 24'Avenue, approximately 150 feet <br /> north of its intersection with Paradise Drive. 24'Avenue is a two-lane paved road with a <br /> 40-foot right of way. All roads within Hawaiian Paradise Park are privately owned and <br /> maintained. <br /> 22 <br />