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LINDSEY:Yes. <br />MATSUKAWA:Okay. Were you aware that this entire parcel was known as the Hoikeana <br />Cemetery that was a church in South Kona? <br />LINDSEY:I wasn€t aware that this entire parcel was identified by that name. <br />MATSUKAWA:Okay. Assuming that it is true that there is a survey map and testimony <br />that the entire 0.7 acre parcel, not just A & B but the entire thing is a cemetery would you have <br />discussed Mr. Ibbetson€s construction of a home in any different manner? Would your analysis <br />of the situation have been any different in other words? <br />LINDSEY:Only if there was question of actual burial sites existing outside of areas <br />identified as A & B. <br />MATSUKAWA:And would you have considered the entire parcel as a historic property? If <br />itweremorethan50yearsold? <br />LINDSEY:Ican€tanswerthatquestion. <br />MATSUKAWA:Okayandyou€veansweredmyquestion.Youwouldhave,wouldyou <br />have nonetheless. Let me ask again. Would you have treated the entire 0.7 acre parcel as a <br />cemetery not just A & B? <br />LINDSEY:Only if burials existed outside of those areas A & B. <br />MATSUKAWA:So your definition of cemetery is where the burials are located as opposed <br />to the entire? Let€s say-. Let me backtrack. Let€s say I have a cemetery that€s 2 acres but only a <br />portion has been developed and used for burials. Would you call, would your use of the word in <br />your profession, cemetery be the entire parcel or just the area where burials are located? <br />LINDSEY:Well I mean it€s tough cause you know cemetery is a word that shows up <br />in the statutes that we run under. But, what we€re truly trying to do is protect any actual burial <br />sites. <br />MATSUKAWA:Okay fair enough. Now after you went out to the site on March 11, 2003 <br />you recall according to what€s been submitted here is a memorandum by yourself that you <br />discussed other issues discussed were recordation of sites with the Bureau of Conveyances, <br />Consultations with an access for lineal and/or cultural descendants formalizing burial treatment <br />plan prior to ground altering activities. Mr. Ibbetson seemed agreeable to these items and said he <br />would contact SHPD again soon.‚ When you wrote that memo were these things that had to be <br />done in your mind at the time in 2003 when you wrote the memo? <br />LINDSEY:The day I wrote the memo those are things that potentially had to happen <br />yes. <br />EXHIBIT B <br />12 <br /> <br />