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mentioned, they did very thorough research on past historical activities that had occurred on this <br /> property, it's a smaller property, it has a lot of bedrock—if you feel comfortable, you could also <br /> consider placing a condition that we go ahead and submit it to SHPD, and whatever requirements <br /> they bring back, that the applicant comply with that. If you don't feel comfortable with that, then <br /> we can go the other route. <br /> VITOUSEK: So we would have to then condition the issuance of the permit, the timing of the <br /> issuance of the permit, so we couldn't be issuing the permit until after SHPD has reviewed it. <br /> DARROW: Right. <br /> VITOUSEK: But that would be giving all of the decision-making to SHPD in essence and <br /> taking it away from us as the Commission on how the historic preservation review process would <br /> play out. So that would be something for the Commissioners to decide is that if we put this as a <br /> condition and we say that we will allow this permit to go forward after SHPD has reviewed it <br /> and completed the 6E review process and made any determination that they want to make, at that <br /> point the permit would be issued. Or the other option would be that we can say that we want to <br /> defer this until SHPD has had the opportunity to review and comment on it, and then it will back <br /> to us, and we would either agree with what's proposed by SHPD, or not, or if they missed their <br /> deadline, that gives us the authority to then say they've had the opportunity to review and <br /> comment, we can make the decision on this and move the project forward. Because I worry <br /> about that dangling out there for the applicant and extending their process when, if we have the <br /> ability to say that they didn't meet their deadline, we want to move forward. How would the <br /> applicant feel about those options? <br /> NICHOLSON: So I just have a responsibility to the client to speak on their behalf, and there <br /> might be some ignorance that's displayed in this conversation by my, on my part. So I'm giving <br /> you eye contact over here, Roy [sic], because you've been so helpful, Alex, and I feel like this is <br /> the first time this has ever happened for a residential home on Ali`i Drive to get a SMA Major <br /> application—is this correct? <br /> ROY: This is, yeah, this is new because of the law change <br /> NICHOLSON: Because of the law change, and so, you know, we are jumping through as many <br /> hoops as we can to get the process going, and I'm, I'm fearful that this is going to belabor this <br /> for a long time. So the terms that I want to be able to deliver back to the client and say, hey, this <br /> is how we are expediting and, but also wanting to treat the land with respect. And so we know <br /> that that's—is there another option besides going to SHPD where we have an archaeologist <br /> reviewing any time the machine is on the job? We are not even going to be poking holes in that <br /> area that's in question, so that's adding fill soil. The areas that we really should be considering is <br /> the deep excavation of the pool because that might find some lava tubes or any depressions that <br /> were unforeseen, so having a qualified person there reviewing that would help us expedite the <br /> process if that's put in as a condition versus to go back around and have to come back before you <br /> and say, okay, SHPD never responded to our letter, the time expired, and now we are going to <br /> get on the next docket and do this all again. Am I missing something in that process? <br /> 17 <br /> EXHIBIT B <br />