2026-01-05 PL-BOA-2026-000127 Petition

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and, thus, the development's substantial adverse environmental/ecological effect and potential cumulative effects on those rights. Although acknowledging the existence of historical sites, including burials, and traditional and customary practices on or in the immediate vicinity of the subject property, Kaimu Cove LLC's application minimized the proposed project's impacts to such resources. For instance, in support of the SMA Assessment, the Applicant discloses that on the subject property there are four (4) historical sites, which were identified in a 1992 archaeological inventory survey and at that time deemed significant under Criterion D of Hawai`i Administrative Rules ("HAR") § 13-284-6—meaning they "[h]ave yielded, or [are] likely to yield, information important for research on prehistory or history[.]"). The Applicant surmises however that "because sufficient data has been collected from each site, they can be evaluated as 'no longer significant[.]"' The Applicant contends that its study of the subject property"supports a HRS Chapter 6E-42 determination of'No historic properties affected' by the proposed subdivision [sic] development of the subject property, which has now been reduced in scope to a single-family dwelling." Due to its limited consultation though, the Applicant failed to obtain information about additional historic sites, including iwi kupuna, on the subject property. Likewise, the Applicant did not obtain or disclose information about the kanu (burial) protocol or malama iwi kupuna (caring for ancestral remains) practices, including gathering natural resources used for kanu, that are conducted or exercised on the subject property. Kaimu Cove LLC states "there are no known customary or Native Hawaiian cultural rights exercised within the subject property." However, in briefly discussing cultural or Native gathering rights in its SMA Minor permit application, the Applicant focuses on whether burial sites exist within the subject property and the footprint of the proposed project. The Applicant 18