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environmental assessment or an environmental impact statement required. That’s the <br />trigger for that. So this project, not requiring an environmental assessment or <br />environmental impact statement, does not need a cultural impact statement under the Act <br />passed a couple of years ago as an amendment to Chapter 343 by the State Legislature. <br />Then in the reference to Rule 9 which talks about the amendments to Rule 9 which cover <br />the requirements of the PASH and Ka Pa‘akai case which requires a written description <br />of the anticipated impacts of the proposed development on the valuable cultural, <br />historical and natural resources on or in the vicinity of the property, that is included in the <br />application; and it’s dealt with in the Background and Recommendation. The written <br />description of the, in order to find out what the valuable resources are, in the case of this <br />application, you have a botanical survey that was done, you have an archeological survey <br />and you have a survey of the flora and fauna. And the botanical survey will tell you if <br />there are plants that may be valuable and used in Native Hawaiian culture. The <br />archaeological survey will tell you what historic sites may exist that are important as a <br />resource for Hawaiian, Native Hawaiians. There’s also a study of the potential for water <br />pollution arising from the project. That would tell you about the, you know, because <br />there is fishing and gathering, and the quality of the ocean is also a valuable natural <br />resource. So all of that, those are the kinds of information that’s in the application that <br />addresses all of those issues. <br />Then there is, you know, in analyzing this as a Department, in the Background <br />Report -. There’s a discussion of all of these issues in the Background Report, mostly on <br />Pages 3 and 4; and it talks about some of the resources on the property. Then in the <br />Recommendation, the rules and the PASH cases require us to make findings about the <br />potential effects on these natural and cultural resources, and those are contained in the <br />Recommendation. Starting at the bottom of Page 5 and going on into Pages 6 and 7, it <br />talks about the, there’s a paragraph showing what has been submitted as far as the <br />investigation, and then it talks about possible adverse effects and then the feasible actions <br />to protect it, which would include the protection of the historic sites and the fact that, <br />with respect to plants which I talked about earlier, there aren’t any rare plants. They <br />mention that there’s one plant, the kokoholau, which is used in Hawaiian culture; but it’s <br />not rare, or unusual, or unique to this site. <br />So all of that has been dealt with in both the application and in the proposed Findings and <br />Recommendation that was submitted; and this is pretty much what you’re seeing with all <br />SMA applications like this. You will see a discussion in our Background and in our <br />Recommendations of the requirements of Rule 9, and how it has been dealt within the <br />application, and what the actions that we’re saying should be taken to protect those. <br />WATANABE:So then, Mr. Director, you’re saying, you’ll be in discussion with <br />the Applicant and the Applicant’s consultant with regard to the cultural impact statement <br />if, indeed, it is something that you feel is necessary. But it also seemed like you said it <br />may not be necessary on this property because we didn’t need an EIA. <br />EXHIBIT C <br />17 <br /> <br />