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PD RECOMMENDATION REPORT
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2024
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2024-07-18 Leeward
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Item #1 Margaret Iliev (PL-SPP-2023-000051)
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PD RECOMMENDATION REPORT
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6/13/2024 1:04:24 PM
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7/5/2024 12:40:02 PM
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RECOMMENDATION REPORT
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areas over the property. Therefore, the proposed use will not adversely impact any <br /> recreational resources, including access to and along the shoreline, scenic and open space <br /> nor visual resources, coastal ecosystems, and marine and coastal resources. Therefore, the <br /> proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. <br /> The request will not have a significant adverse impact to traditional and <br /> customary Hawaiian Rights.In view of the Hawaii State Supreme Court's"PASH" and <br /> "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and <br /> fishing rights must be addressed in terms of the cultural, historical, and natural resources <br /> and the associated traditional and customary practices of the site. <br /> Investigation of valued resources:No formal archaeological reconnaissance survey, <br /> oral history of kama`aina accounts of the area, historical survey of documentary records, <br /> or botanical study was included in the application. <br /> The valued cultural, historical, and natural resources found in the special permit <br /> area: According to the applicant,no archeological or historical features are known to exist <br /> on the subject property. The site has been previously impacted by ground-disturbing <br /> activities associated with residential development and the land is being used to grow fruit <br /> trees, ornamental plants and vegetables. There are no known endangered or listed plant <br /> species on the property and the likelihood of any rare or endangered species, habitat or <br /> flora on the property is unlikely, given that the property has been extensively improved. <br /> According to the applicants, it is not known whether the subject property or <br /> immediate surrounding area was ever used for traditional and customary rights by native <br /> Hawaiians. <br /> Possible adverse effect or impairment of valued resources: Native plants and/or <br /> endangered species are unlikely to be impacted by the proposed development due to the <br /> already impacted property as mentioned above. <br /> Feasible actions to protect native Hawaiian rights: To the extent which traditional <br /> and customary native Hawaiian rights are exercised, the proposed action will not affect <br /> traditional Hawaiian rights; therefore,no action is necessary to protect these rights. <br /> -7- <br />
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