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that the architect has assured you that they were going to be mauka of the alleged burial site. <br />MOOERS:Thats correct. <br />SIRACUSA:Im wondering if that includes the heavy equipment? <br />MOOERS:Yes. <br />SIRACUSA:Will the heavy equipment also avoid that area or are they just talking <br />about the actual building per say? <br />MOOERS:The typically, Im sorry Cory Foulk whos our architect is here, I think <br />maybe hes better prepared to answer that. <br />GALDONES:Mr.Mooers,Imgoingtohavehimswornin.Couldyoupleaseraiseyour <br />right hand? Do you swear or affirm to tell the truth on this matter now before the Hawai¡i <br />County Planning Commission? <br />FOULK:I do. <br />GALDONES:Please state your name and your residence address. <br />FOULK:Dr. William C. Foulk, F-O-U-L-K. 75-5888 Alii Drive B-3, Kailua-Kona, <br />Hawaii 96740. <br />GALDONES:Thank you Dr. you may proceed. <br />FOULK:Okay, as far as the setback area goes, I dont believe that the building is <br />mauka of the proposed or what theyre suggesting might have been the gravesite. Its actually to <br />the south of it. That tree and such are in the side yard setback that were, its a 14-foot side yard <br />setback were using. Now in that area thats a designated flood zone and so were not allowed to <br />amend the grade there. Were not allowed to change the grade substantially. The County of <br />Hawaii Engineering Division mandates that we leave that grave the same because they dont <br />want the water to be deflected by a variation in the grade and knock somebody elses house or <br />some such deal like that. So, were really restricted as far as what we can do with equipment in <br />that area. There will be heavy equipment on the site theres no doubt about that, there will be <br />excavation going on. The Department of Engineering rules require that if any kind of an <br />archaeological feature or artifact is found during excavation, that all work stop until the <br />Department of Land and Natural Resources can come on site and survey and all of that. So those <br />are all rules that are in place that we have to abide by SMA or not I mean thats just the way it is <br />here. Okay. <br />SIRACUSA:Im aware of what youre saying but you didnt answer the question, the <br />question was will there be something done, like the area roped off or something to prevent the <br />heavy equipment from even just driving over the gravesite? <br />EXHIBIT A <br />6 <br /> <br />