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background in botany or native plants that would make him an expert to be able to make such an unqualified statement? MOOERS:I do not believe that the applicant has a degree in Botany. I think is a conclusion that was drawn by many previous applications that have taken place in this area. I think theres a recognition for the importance of the native forest and that the preservation of the forest is the purpose for the resolutions the Council passed supporting these change of zone applications. So in that regard I think its safe to say that the applicant recognizes the importance of the forest and the preservation of forests and the conditions that are applied that are designed to do that. SIRACUSA:Are you saying then that when the area was studied back in what 1970 or so that, that would have constituted the botanical study? MOOERS:IthinktheCouncilsResolutionwere1996and1997.Ithinktherewas2 or 3 resolutions were passed and work was done at that time. So I would, the assumption that the forest is important has been stipulated to by the applicant. So I dont recall theres anything in our application itself that says that theres no significant flaw there. I think that was the conclusion drawn by the staff. There was not an archaeological inventory survey done, nor has there been done for many. There was an original archaeological survey done for the area and they, I didnt identify above the I think the 3500 foot level. And you have kind of a situation here where really in order to do an inventory survey you pretty much have to take the forest out to do the survey. And what weve done over the past number of years is to send a request to the State Historic Preservation Division asking them for a no effect letter. And up until about a year and a half ago they were issuing those letters now theyre not responding to the letters. I think it has to do with the amount of work or their workload whatever but theyre put on notice that were requesting this no effect letter and they, I think they started not coming about a year ago. Theres no response to those but they have always responded in the past that they dont want an inventory survey done and that they understand that the initial work was done that identified you know the field system up till about 3500 feet was adequate. So we do make the request and I think youll find the request is part of the application that the Historic Preservation Division indicate there be no effect from the proposed action. SIRACUSA:Thank you. ALAMEDA:Other Commissioners questions for our applicant, its representative? You have any other additional comments to make before we go ahead and accept public testimony? MOOERS:Not at this time. ALAMEDA:Thank you, you may be seated. There is a testifier. Mr. Joel Gimpel would you please step forward? Mr. Gimpel could you please raise your right hand? Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? GIMPEL:I do. EXHIBIT C 3