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2007-07-20 TD-Bar
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2007-07-20 TD-Bar
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resources but there has been no identification and description of the cultural resources, <br />practices and beliefs located here. To the contrary, it says it appears to be none. The <br />Applicant has told Mr. Fuke that, according to the Applicant, it appears to be none. The <br />Applicant is not qualified to assess this. And, finally, “(6) assess the impact of the <br />proposed action, alternatives to the proposed action, and mitigation measures, on the <br />cultural resources, practices and beliefs”, now, remember, practices and beliefs identified, <br />since none have been identified and they haven’t been identified because there have been <br />none of these studies, then you have not met the requirements of the law. <br />So I’m not here today to oppose this project. I’m only here today to insure that you <br />follow your rules and the law, and I’m not saying you’re not going to. You’ve got a lot <br />of materials before you and you have a lot to review here. I think at the very least you’ve <br />got to continue this for at least 30 days, perhaps longer. And I’m sure Mr. Yuen, who is <br />an attorney and understands what I’m talking about because he was instrumental in <br />getting these revisions and amendments to your rule put in, will be able to explain this to <br />you. <br />And I kind of want to leave it at that because you can’t really go on until you have taken <br />care of that. Thank you. I’ll be happy to answer any questions. <br />WATANABE:Okay, thank you. Do we have any questions for -? <br />IWASHITA:I don’t have a question of Mr. Tyler but I guess I have a concern <br />I’d like to express about the point raised by Mr. Tyler at this time. And that is that the <br />ordinance is clear in my mind requiring the inclusion of a Cultural Resource Management <br />Plan; and, you know, there is none here. The rules are clear that such study be done, and <br />it’s not included in the application. And I guess the rules, to me, are also clear that in <br />order to proceed to hearing, you first need a properly filed and completed application; <br />and it seems to me that we don’t have a complete application. So I guess, procedurally, <br />in my mind, what should be done is the application should either voluntarily be <br />withdrawn or a determination should be made that it’s not complete and it’s not proper <br />for hearing. <br />TYLER:Mr. Chairman, just one quick comment, I’m sorry. Mr. Iwashita is <br />exactly correct in my estimation, and I’m not your legal advisor. And this brings in, and <br />the reason this is important for you to think about and consider is that there are people in <br />the audience, and perhaps otherwise, who were unable to assess what the impacts of this <br />project might be because they didn’t get the materials in a timely fashion. You know, <br />two days before, when did you get yours, Monday, a few days? You know, this is <br />insufficient time. And second of all, if there are people who want to file a Contested <br />Case and the application is insufficient and incomplete and therefore should have never <br />been here, you open -, back up. So I would say be careful about that. Thank you. <br />WATANABE:Mr. Graham? <br />EXHIBIT C <br />15 <br /> <br />
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