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Aaron S.Y. Chung, Council Chair and Members of the County Council County of Hawaii Page 2 dwelling unit to account for potable water and irrigation), archaeology, and emergency access, the plan was scaled back to twenty-nine (29) single-family dwellings with related amenities, including a recreation center, to possibly include a pavilion or lanai, swimming pool, and a barbeque area. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. Since the change of zone was granted in 2009, the applicant has been diligently working on satisfying conditions of approval, the most time consuming of which were completing archaeological and cultural resource mitigation plans. In compliance with Condition N of the subject Change of Zone Ordinance, the applicant submitted an updated Archaeological Inventory Survey (AIS), which was approved by the State Historic Preservation Division (SHPD) in 2012. The AIS identified 52 archaeological sites, including 22 sites that were recommended for data recovery fieldwork. Of those, nine (9) sites were considered possible burials, eight (8) of which were recommended for exploration through data recovery fieldwork. The AIS further identified six (6) non -burial sites recommended for preservation, one (1) site recommended for preservation given its proximity to an identified burial and one (1) site recommended for a combination of data recovery and preservation. Based on this proposed mitigation, the applicant submitted and SHPD approved the following plans: a Final Archaeological Data Recovery Plan in 2013; a Burial Treatment Plan for three (3) burial sites with concurrence from the Hawaii Island Burial Council that the sites should be preserved in place in 2014; an Archaeological Preservation Plan outlining specific mitigation commitments and preservation measures for eight (8) sites in 2014; and an Archaeological Monitoring Plan in 2014. Furthermore, Condition P of the subject Change of Zone Ordinance required a completed Cultural Impact Assessment (CIA) be approved by SHPD. By letter dated July 18, 2012, the Planning Department confirmed receipt of the document in compliance with Condition P and noted that according to the CIA's author (Cultural Surveys Hawai `i), there is no formal approval process for a CIA. During this timeframe, other conditions were also being addressed. For example, the applicant largely completed roadway improvements from the Mamalahoa Highway Bypass to the project's entrance as required by Condition F. According to DPW, there are outstanding `punch lists' from the DPW Engineering and Traffic Divisions that need to be satisfied to deem construction complete and eligible for roadway dedication to the County. In response, the applicant's contractor indicated the punch lists were complete and will be requesting a final inspection from DPW.