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2008-03-20 TKOHALA LLC
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2008-03-20 TKOHALA LLC
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LIM: Right. You are looking at the State Historic Preservation approval letters. <br />The actual surveys themselves were done much earlier, I believe, in conjunction with the <br />applicant’s proposed development of a retreat resort on that property. That was when <br />Ms. Bowman was involved. They had done what they call a draft environmental assessment to -, <br />because they were going to go for a General Plan amendment at that time. And it kind of points <br />up our position which is that if you are going to change the zoning, you should go do the General <br />Plan amendment for this specific property. <br />RHO: Maybe I can ask the Director when the Director testifies. But I have <br />another question on page 11 of the site preservation plan that’s dated or submitted -, dated <br />August 2000, page 11. Should I just read you the sentence? It’s actually Long-term Protection <br />Measures, and the last sentence of that very short paragraph says, “The owner will be responsible <br />for having a qualified archaeologist, on a biennial basis, verify that the sites are being <br />preserved.” So if in fact this was done in 2000, and it’s 2007, there should have been two reports <br />filed, if my definition of biennial is correct, which is every two years. So I wondered whether or <br />not that was done. <br />LIM: To best of my knowledge, no, because no development was being done. <br />RHO: Well, the way I read this thing, that whole section based on this plan was <br />not going to be developed; he was just going to put in a road to a single-family dwelling on the <br />part of the parcel on – when I looked at the map – on the left side. On the right side was the <br />burials and archaeological whatever they call those things; and then they have this long-term <br />protection measure. <br />LIM: I think what was anticipated was that the development would be <br />proceeding and they would be making reports while they were developing. But since they didn’t <br />do anything, there were no reports filed. <br />RHO: Okay, thank you. If there are no other questions from the Commissioners, <br />I wanted to ask the Director if he had any questions. <br />YUEN: I have some comments that I’d like to make, similar to Mr. Lim -. <br />RHO: Right. But I was -. <br />YUEN: Just some time to address this -. <br />RHO: Yeah, but I was going to give you time to ask -. <br />YUEN: I’m sorry, the questions on Mr. Lim. Yes, actually I do. And it’s a <br />procedural issue and I just wanted to make sure that we were all on the same page here on what <br />we are doing today. We have the SMA permit for which the Planning Commission has a final <br />say. However, the zoning of the property still is pending at the County Council. Mr. Lim has <br />kept the time extension on the zoning here, and that has not gone up to the County Council; so <br />the only thing actually before the County Council now is the rezoning that I proposed to <br />residential 5-acre minimum lot size. So on the question of the SMA permit, the SMA permit <br />EXHIBIT A <br />19 <br /> <br />
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