2022-08-18 Leeward Exh B (Items 4 Meneghetti PL-SMA-2022-000017)

Home

And under normal circumstances, the archaeological testing will be done first in the form of an archaeological inventory survey if anything is found, or an archaeological assessment if they go out and do the testing and don't find anything. At that point the archaeological assessment would be submitted to SHPD, and so the County saying, hey, we didn't find anything, everything is good to go. SHPD would review and comment on that application according to 6E-42, saying that we've reviewed it, we don't think there is anything. Or if they don't hit their deadline, they miss it, they don't respond, we've given them the opportunity to review and comment. And technically, what the law says is that the County agencies, the permitting agencies, have to give SHPD the opportunity to review and comment on the effect of a proposed project on historic preservation sites. And so I think that it would make sense in advance to send this to SHPD, and if they don't make a comment, then we can come back, but we have obligation to send it prior to the issuance of the permit and not as a condition. DEFRANCO: It hasn't already been looked at by SHPD? ROY: Well, actually, the rule is that an archaeological inventory report is done, or a no-effect letter from SHPD has been provided, or in this case, a copy of a letter written by the applicant to SHPD requesting a no-effect determination, so the applicant has followed the law in accordance with our rules for applying for the SMA. It was after my review of all the historic impacts and my site visit, and then based on the Chair's previous ask that the Planning Department try to take a better look at whether it needs to go in certain cases or not. But we can definitely condition and run it through 6E-42 if that would be helpful. VITOUSEK: So, did the letter that was submitted, did that go to SHPD? ROY: Yeah, that was, that was his letter. But SHPD doesn't always respond. VITOUSEK: Sure ROY: And since the HICRIS system has come into play—if you don't know, that's their online application submission system they are not really responding to applicants anymore. So it's, the law needs to be updated, the rule needs to be updated, to kind of take in this new system. But, and then the HICRIS system does allow you to search the sites, and then as I told you this morning, there wasn't anything shown on the SHPD map, but that doesn't mean anything; the things may now have just been registered. VITOUSEK: Right, right. So what was the process like, Matt? CLARK: I can clarify. The letter was prepared to go to SHPD. And typically, the submissions now come from the county to SHPD; they will not take just a letter sent to them without a project that comes in from the county. So I was anticipating this letter to go to SHPD as part of the review of the SMA. VITOUSEK: Okay. CLARK: That was my, that was the intention of the letter. 15 EXHIBIT B