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VITOUSEK: And, I mean, is the applicant, if you guys have suggestions, please feel free to <br /> work with them during the recess. <br /> NICHOLSON: Thank you. <br /> VITOUSEK: Yeah. We'll be back at 11:13. <br /> [Chairman Vitousek called a short recess at 11:03 a.m. He called the hearing back to order at <br /> 11:14 a.m.] <br /> VIOTUSEK: Are we good to go? Okay. Welcome back. <br /> ROY: Okay, I'm going to go ahead and read the condition that was worked out during recess. <br /> The condition right now on the table is "The Applicant shall conduct subsurface tasting of the <br /> property and submit its findings to the Planning Department for HRS 6E-42 review"that's the <br /> HICRIS review—"The Applicant shall implement any mitigation required by SHPD prior to the <br /> issuance of a building permit for the proposed development." <br /> VITOUSEK: So, that would indicate that they have to go in there and do some testing, make <br /> sure there is no possibility of anything out there, submit that to SHPD as part of the review of the <br /> overall project, and then SHPD would make any mitigation recommendations once they have <br /> that information. They may look at that and say they've done a thorough testing of this, there is <br /> no deposits deeper than a couple centimeters, there is no possibility of any subsurface remains, <br /> project can go ahead right away, or they may look at it and say, oh, there could be something <br /> there, they might have to do an archaeological monitoring plan, an archaeological monitor may <br /> have to be there. But they'd be making that decision based on actual information about what's <br /> on the ground. I'm good with that. The only question I have on that, having heard it is, is the <br /> issuance of the building permit that is the requirement for, the right time for the requirement of <br /> the mitigation commitments? <br /> KNOWLES: As opposed to grading? <br /> VITOUSEK: Right. <br /> DARROW: So you, sorry, Chair, so you could put that in, "prior to any land altering activities." <br /> VITOUSEK: That sounds good. <br /> ROY: Prior to ground disturbance or any land altering activities? <br /> VITOUSEK: That sounds good. Is that okay with you guys? [Inaudible agreement] <br /> ROY: Okay. <br /> VITOUSEK: Okay. Commissioners, if you are okay with that, somebody make a motion to <br /> amend the motion that's on the floor to include the updated condition language. <br /> 21 <br /> EXHIBIT B <br />