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

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KNOWLES: Chair, is there a way to do an if-then kind of a condition? You know, the idea of having it hang out there with SHPD. And so since we would be approving the permit today with these conditions, if then, unless something is triggered for SHPD, that then would bounce it back to us. I'm just curious. I'm still new to this process, but I'm wondering if there is a way to do an if-then. And so if there is nothing, it just rolls along; if there is something, it kicks back to us. ROY: Well, there is the standard SHPD condition that is for every, well, it's VITOUSEK: Which would, the inadvertent discovery condition, yes, yes. But I think in this case we are talking about, again, the two options about whether 6E-42 compliance be a condition of this or whether that be done in advance of our approval of the application. So to me, it's got to be done one way or the other. And it's for us to decide whether we condition that or we ask them to do it and come back. Either way, this adds time, because either way I think this has to be done, you know, they have to do a 6E-42 review of this project in my opinion. Yes. DARROW: So, again, that's your you've explained very well what the two options are the option that the applicant does not need to appear back before the Commission, normally what happens is we place a condition. In this particular situation, it's a little bit more unique because Planning would send the application through HICRIS, and they would respond to Planning and also whoever the contact is. So the condition would be, the permit would be issued, but in the conditions, it would say that the applicant could not submit for a building permit until this process is complete. And so if SHPD comes back and says, you know, issues a no-effect letter, then at that point, they could proceed. If they come back and say we want an AIS, they would have to an AIS and comply with whatever requirements, or whatever they would say, they would be held based on that condition to comply with whatever requirements are requested by SHPD. So, again, that's the two options; either they come back after SHPD responds and then you folks decide what you want to do there, or you give the ability for SHPD to respond, and they comply with whatever they want. And again, you still can request an on-site archaeologist monitor to be there. JACKSON: Mr. Chair? VITOUSEK: Yes. JACKSON: May I suggest we take about a 10-minute recess to crack some language and then bring it back to the Commission VITOUSEK: Sure, no problem. JACKSON: to achieve the objective? VITOUSEK: Sure. JACKSON: Okay. 20 EXHIBIT B