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VITOUSEK: [Inaudible.] <br /> TERRY: That's absolutely true. It's a separate project, on a separate property. <br /> VITOUSEK: Okay. Okay. So that's not part of this one. I guess the question remaining is <br /> where, where we are with the preservation plan for the fishing shrine and whether this project <br /> meets that, and since we don't have that information, I guess we can move on to something else. <br /> My question is, is there an existing SMA for the improvements either on Magic Sands Beach <br /> Park or La`aloa Beach Park? Does anybody know if there's an existing SMA permit to allow the <br /> construction of the parking lot or the facility? <br /> ROY: Chairperson, in November 1975, the original development of the comfort station, no <br /> SMA permit was obtained as SMA rules and regulations were enacted that same year. However, <br /> an environmental assessment was conducted for the development for the comfort station. This is <br /> clearly listed in the background report. <br /> VITOUSEK: Okay, what about the parking lot in the vicinity? The-- <br /> ROY: The La`aloa Park? The applicant would have to, to discuss a different park. Sorry. <br /> VITOUSEK: Yeah, I mean, one of the, the concerns that I have is the kind of segmenting and <br /> piecemealing of this where we're looking at this as different parks, when in actuality, this is all <br /> use of one park by the public. To me, I think we should be looking at the improvements of the <br /> park collectively so that we get an idea of what the overall improvements will be. What the <br /> overall effects will be on the SMA, rather than kind of segmenting here and there. My concern <br /> being that we have a case where there is a burial treatment plan that's been identified, and we <br /> know that the applicant is not in compliance with the burial treatment plan, and so, my question <br /> being whether or not that's a condition of an existing SMA permit that they're not in compliance <br /> with. <br /> If it was a private developer in the same situation, it wouldn't be looking good for them. You <br /> know? The fact that the applicant's not in compliance with their burial treatment plan and then <br /> preventing the use of the parking for that area and then kind of segmenting it into separate <br /> projects, to me raises, raises some issues, and I just wanted to know if there's a way that we <br /> can— [alarm sounds] my timer. But if there's a way that these all can be considered together <br /> instead of segmenting them separately, the use of La`aloa and Magic Sands. <br /> KOMATA: Chair Vitousek, I would say that, you know, the two beach parks are used in <br /> different manners even though they're directly adjacent to each other. The majority of the, the <br /> park users that use Magic Sands are there to use the beach and those facilities, not necessarily <br /> what's present on the La`aloa Beach Park site. They're two different sites. The, as far as to <br /> answer to your question about the SMA for the La`aloa Beach Park site, I, I don't have that <br /> information. I can't get you that right now off the top of my head. But again, again the purpose, <br /> the reason we're here, the primary purpose we're here trying to do these improvements at <br /> La`aloa is for compliance with the federal mandate. A standing, standing condition plan <br /> 13 <br /> EXHIBIT C <br />