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revised AIS was submitted to SHPD in Febrary of 2017 and a draft BTP was prepared in February 2017 by Scientific Consultant Services, Inc. (attached to the application as Appendix B), which recommended that the burials be preserved in place. The applicant proposes to accomplish this by creating a 2.11 -acre lot to preserve the cemetery. Additionlly, the applicant intends to adhere to/implement the recommended• interim and long term preservation measures outlined in the draft BTP, which include the establishment of a construction barrier; archaeological monitoring during construction activities proximate to the burial; establishment of a twenty (20) -foot buffer (which is already reflected in the proposed site plan) with possibly plantings of ti leaf within the buffer; a ten (10) -foot structural setback from said buffer; a provision for access to lineal descendants; and a deed recordation of the cemetery lot. To date SHPD has not finalized review of the draft AIS to determine next steps (e.g. whether a BTP or a Preservation Plan is most appropriate action) or mitigation measures for the cemetery site due to an alleged civil and administrative violation action under HRS 6E-11. This violation action stemmed from an investigation into damage to the cemetery by heavy equipment during the land clearing activities that precipitated the County's grubbing violation. This investigation spanned several site visits and found damage to the cemetery from at least two (2) instances of unpermitted grubbing (including one instance after the County issued a stop work order). Details of the investigation are outlined in a letter from SHPD to the DPW and the Planning Department in response to their review of the after -the -fact grubbing permit application (Planning Department Exhibit 5 — Letter from SHPD dated October 18, 2016). The culmination of the investigation was a Board of Land and Natural Resources (BLNR) Enforcement Action letter and associated 6E Violation Report from SHPD to the BLNR dated December 8, 2017. The Enforcement Action Letter recommended that the BLNR find: the applicant was in violation of HRS Section 6E-11 (c) by altering or damaging a known historic property without a permit; the applicant damaged four (4) individual burial sites and the cemetery as a whole; and that the BLNR fine the applicant $64,960. The violation was scheduled to be heard at the January 12, 2018 BLNR meeting, but was subsequently postponed and has yet to be re- scheduled. SHPD has indicated that they will not finish review of the draft AIS until the violation has been rectified. The applicant states that their attorney, Paul Alston, I on