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Maile David, Council Chair and Members of the County Council County of Hawaii December 27, 2021 Page 8 Condition Q of the current ordinance (to be re-lettered to Condition S if the amendments are approved) requires compliance provisions of the SHPD approved Archeological Inventory Survey, Archaeological Preservation Plan and Burial Treatment Plans that address five (5) burial sites, seven (7) non-burial sites in the project area. Those sites and associated buffers and treatment will be preserved within an interpretive preservation complex within in Parcel 78. Remnants of two (2) trails are situated within Parcel 78, the Mamalahoa Trail (Site 00002) which runs parallel to Queen Ka`ahumanu Highway and whose interest was sold to Lanihau Partners in 1973 and the Honok6hau Historic Trail (Site 18099), which runs in a mauka-makai direction from Kaloko Mauka to the Aimakapa`a Fishpond and intermittently traverses the center of the Parcel 78 preserve as a kerbstone trail. The approved preservation plan allows for a breach of the Honok6hau Historic trail to extend Kanalani Street into Parcel 77. According to a 2006 abstract memo from the Na Ala Hele Statewide Trails and Access Program (Na Ala Hele)this trail is subject to the Highway's Act of 1892 and thus eligible to be claimed by the State. However, consultation with Na Ala Hele's trail specialist at the time indicated that since the state sold sections of the Mamalahoa Trail to the applicant, Na Ala Hele was not interested in the mattka-makai remnants of the Honok6hau Historic Trail for programmatic purposes (e.g., hiking trail), nor did the trail have linear recreation or access value. However, a revised abstract memo, dated July 14, 2021, was issued clarifying statements on the disposition of the trail from the first memo and confirming that while the trail remnant did not serve a Na Ala Hele program purpose at the time, the trail is still owned in fee simple by the State pursuant to the State Highway's act of 1892 and HRS 264-1(b). Thus, according to Na Ala Hele, any breach of the trail would require the purchase of an easement from DLNR Land Division subject to the approval of the Board of Land and Natural Resources. Despite this claim, the applicant has been in communication with the State to determine if an alternative agreement can be reached to permit the crossing of the trail. Based on the preceding, the Director is recommending amending new Condition S to require either the previously mentioned easement or an alternative agreement prior to the breach of the trail. Condition No. 12 of LUC Docket No. A00-073 requires the installation of a solar powered siren in a central location as determined by the County of Hawaii and State Civil Defense agencies. The applicant will install the siren as required by these agencies. Lastly, this recommendation is made with the understanding that the applicant remains responsible for complying with all other applicable County, State and Federal governmental requirements in connection with the approved use, prior to and during its commencement or establishment upon the subject properties. Additional governmental