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CARR SMITH: I think so. Christian, is the information that they've provided regarding those <br /> sites sufficient to you folks at this stage of the game? <br /> KAY: Thanks for your question, Commissioner Carr Smith. So, as I stated in my presentation, <br /> we had some concern over the proposed layout,just given that the 0.12-acre preserve area has <br /> not been surveyed yet, as Mr. Pipan stated. So, looking at that and adding another 10 feet for the <br /> temporary buffer that is per the preservation plan supposed to be kept in place through the <br /> duration of the development of not only the subdivision but the development of the parcels as <br /> well,we had some concerns that they might not be able to effectively develop the property. So <br /> based on that, I shared that information with the applicants, and then I called State Historic <br /> Preservation Division and asked if the previously accepted data recovery process would still be <br /> viable even though there is an approved preservation plan; according to SHPD staff, they said <br /> yes, either option would be okay. Further conversation with SHPD, staff also said that their <br /> preference would be preservation in place, and that they would be willing to work with the <br /> applicants in order to amend the preservation plan to lessen the temporary buffer in order to help <br /> facilitate the development of the subdivision while still maintaining the arch sites on site. So <br /> that's why we put in the recommendation kind of conditions that allow for either-or option. The <br /> applicants have been pretty consistent from the beginning that their preference is to maintain the <br /> sites on the property but appreciate the flexibility in case, when the survey is done, there are <br /> some problems with that. So that's kind of where we are at right now, that's the trail of the <br /> conversations we've had around the arch sites. <br /> CARR SMITH: Okay. And then a little more clarity,if you will-I'm not sure if that's for you, <br /> Christian, or for you, John-but there was testimony that the previous owner, Mr. Stewart, may <br /> have had obligations, and I, I'm sorry, I just wasn't clear who the obligations were with, and I <br /> wasn't clear whether they had been satisfied. <br /> KAY: So, in terms of the preservation plan, that was,approved. One of the conditions, one of <br /> the immediate conditions, was to conduct a metes and bounds survey to identify the location of <br /> the 0.12-acre preservation area on the property, and that it will be recorded against the deed of <br /> the property with the intention of it carried through during the subdivision process. So that's, <br /> that has not been done to date,hence the kind of the general location, that Mr. Pipan talked <br /> about, of the preserve area on the proposed site plan. <br /> CARR. SMITH: Okay, so even though that was supposedly something that was supposed be <br /> done before the property was sold, that wasn't done, and the buyers bought the property,maybe <br /> willingly or knowingly or not knowingly. But it's now their kuleana, I assume— <br /> KAY: That's correct. <br /> CARR SMITH: to complete that. Okay. <br /> KAY: The preservation plan says original owner or any subsequent owners are responsible. <br /> CARR SMITH: Okay. My last item that needs some clarity,please, is the settlement and release <br /> agreement, I was a little confused, that's between Mr. Stewart and the Ikedas? And that <br /> 10 <br /> DRAFT <br />