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Solid waste will be disposed of at the County's Pu`uanahulu landfill, approximately 18 miles north of the site and the applicant will comply with their approved Solid Waste Management Plan. The proposed development is not expected to have a significant negative impact on botanical resources, nor is it considered to be an essential habitat for any native terrestrial vertebrate species and there is no federally designated critical habitat for birds in or near the site. 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 mauka-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 -8-