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notify everybody, and certainly I don€t think this project has been a secret to anybody. In fact, in <br />the case of the Sea Villas, their sales documents, their deeds and the condo documents notify <br />them that this project will occur. You can understand that when the developer built the Sea <br />Villas project, he had full intention of developing the balance of this property. He made sure <br />there is adequate notification in all of those documents that such a project will be developed. <br />And that notification is in all those documents. So I think we€ve made every effort to notify <br />according to the law and made every effort to try and let people know about this project. <br />ALAMEDA:Mr. Lim? <br />LIM:Mr. Mooers, there was comments made during the testimony, and I <br />think in some of the written submittals, that an environmental impact statement pursuant to HRS <br />Chapter 343 would be required for this project. Is that true or false? <br />MOOERS:Idonotbelievethatthereisanytriggerfor343,wasestablishedby <br />this project; I do not believe that there is a 343 requirement. Rule 9 does allow the Planning <br />Director to make determination if he would like to have the 343 done, and no such determination <br />was made. But as far as any of the other triggers that appear in the law, I€m not aware of any <br />trigger to require a 343 assessment. <br />LIM:There was I think written communication some time ago that the <br />Great Wall of Kuakini was listed on the National Register of Historic Places, and therefore that <br />was a trigger for the requirement to process an EIS. Is that a true statement? <br />MOOERS:No, it€s not. The Great Wall of Kuakini does not appear on either <br />the Hawaii or National Register of Historic Places. It is eligible for placing on the National <br />Register, but it has not been placed on the National Register. <br />LIM:I will be submitting an Exhibit now, which is a letter from our <br />archaeologist, Dr. Alan Haun, dated March 14, 2007, in which he states that although the site <br />was determined to be eligible for this thing, it was never formally listed. We€ve also attached <br />several pages from the National and the State Register of Historic Places for Hawaii Island, <br />which shows that the sites that are indicated on the list with the capital E are those that might be <br />determined eligible but have not been formally put on the Register. So it€s our position that the <br />Chapter 343 requirements are not triggered for the Great Wall of Kuakini. In any event, that€s <br />one of the preserved sites ƒ an archaeological site ƒ in the archaeological studies and we will be <br />preserving the site. <br />ALAMEDA:Mr. Lim, may I ask ƒ €cause there was deferring to the expert on <br />the drainage ƒ would you like to just do your presentation and then entertain questions, or -? <br />LIM:I think what we€ll do is -. I think Mr. Mooers is pretty much <br />through with his summary report. I think that the drainage obviously was one of the big issues. I <br />think there was also some -. Okay, so I think what we€ll do is we€ll entertain questions from the <br />Commission as to the subject matter that they want to discuss. <br />ALAMEDA:Okay. Commissioner Domingo? <br />19EXHIBIT C <br /> <br />