2024-11-11 PL-CRC-2024-000019 Draft Cultural Impact Assessment Report for Lāʻīpala Makai PUD

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1.Introduction 1. INTRODUCTION At the request of Aldersgate Investment LLC, on behalf of Hawaii Onel Investors LLC(referred to hereafter as the Applicant), ASM Affiliates (ASM) has prepared this Cultural Impact Assessment (CIA) for the proposed Laipala Makai Planned Unit Development (PUD; referred to hereafter as the proposed project) located on Tax Map Key (TMK)parcel(3)7-7-008:121 and a portion of TMK parcel(3)7-7-008:001,both of which are within Kapala`alaea 2nd Ahupua`a,North Kona District,Island of Hawaii(Figures 1,2,and 3). The request for this CIA is in response to the Leeward Planning Commission's(LPC)review of Hawaii Onel Investors LLC's Amendment to Change of Zone Ordinance No 09 8 and Special Management Area use Permit No. 07-024 for the proposed project. At their April 21, 2022,meeting,the LPC deferred action on the applications and requested that the Hawai`i County Cultural Resources Commission(CRC)be provided with an opportunity to review the proposed project to determine its impacts on the overall cultural landscape and whether those impacts have been adequately minimized or mitigated. The LPC questioned the level of effort undertaken by the Applicant to consult with lineal descendants in planning the overall project;whether lineal descendant access issues had been fully considered by the State Historic Preservation Division (SHPD) and resolved in the Burial Treatment Plan; and whether additional lineal descendant access and open space requirements should be proposed to mitigate or minimize project impacts on the overall cultural landscape. A copy of the LPC's letter dated May 10,2022,is attached as Appendix A. On June 8,2022,the CRC convened their meeting and reviewed the written and oral public testimony,reviewed the subject permits and due diligence documents, and heard from and questioned the Applicant. After deliberation, the CRC moved to recommend that the Applicant conduct additional consultation with lineal and cultural descendants associated with the project area and neighboring ahupua`a. After the motion was approved by unanimous vote, Commissioner Ku`ulei Keakealani requested that consideration be made regarding concerns raised during the public testimony,one of which included an analysis of the remnant nature of cultural resources in the project area,as well as impacts to the site and place. A copy of the CRC's response letter to the LPC dated June 16, 2022 is attached as Appendix B. This CIA,which is intended to update the earlier 2006 CIA(Orr 2006),was conducted in compliance with Hawai`i Revised Statutes Chapter 343 and prepared pursuant to Act 50 and in accordance with the Office of Environmental Quality Control(OEQC) Guidelines for Assessing Cultural Impacts,adopted by the Environmental Council, State of Hawaii, on November 19, 1997 (OEQC 1997). Act 50, which was proposed and passed as Hawaii State House of Representatives Bill No. 2895 and signed into law by the Governor on April 26,2000, specifically acknowledges the State's responsibility to protect native Hawaiian cultural practices. Act 50 further states that environmental studies". . . should identify and address effects on Hawaii's culture, and traditional and customary rights" and that"native Hawaiian culture plays a vital role in preserving and advancing the unique quality of life and the `aloha spirit' in Hawaii. Articles IX and XII of the state constitution, other state laws, and the courts of the State impose on governmental agencies a duty to promote and protect cultural beliefs,practices,and resources of native Hawaiians as well as other ethnic groups."This CIA is also intended to aid the LPC in determining the project's effect on the cultural landscape and whether those impacts have been adequately minimized or mitigated. The current report is divided into four main chapters. Chapter 1, the introduction, includes an overview of the proposed project as well as a physical description of the project area. To provide a cultural context of the project area, Chapter 2 includes cultural-historical background specific to the project area and the broader geographical region of Kapala`alaea 1st and Kapala`alaea 2nd, and at times the greater North Kona District with emphasis on the historic and culturally significant Kahulu`u makai area. This chapter also includes a summary of prior archaeological and cultural studies that have been conducted within or near the project area. The methods and results of the consultation process are then presented in Chapter 3.Lastly,Chapter 4 includes a discussion of potential cultural impacts as well as actions and strategies that may help to mitigate any identified impacts. CIA for the Ld'Ipala Makai Planned Unit Development,Kapala`alaea 2,North Kona,Hawaii 1