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need to clarify. And, for the record, it’s your opinion, Mr. Director, that the application is
<br />complete?
<br />YUEN:We have to look at that, ensure the Cultural Resource Management
<br />Plan. But in the other two respects it is complete.
<br />WATANABE:Okay, so, I guess my next question will be for counsel since we did
<br />indicate earlier that, you know, the timeframe had, or the time for filing a Contested Case
<br />Hearing had ended; but, technically, I guess it’s done. And if it’s incomplete, how do we,
<br />we’re kind of in limbo here.
<br />TORIGOE:Yeah. Maybe what we should do is, well, the application that was
<br />turned in today it seems was deficient in a couple of ways. It didn’t have the filing fee,
<br />for one thing. But I guess it’s possible that if the Department determines that the
<br />application is not complete, that it would have to be refiled. I don’t know, it’s -.
<br />WATANABE:I’m not trying to open a can of worms here but, you know, I mean,
<br />that issue was brought up earlier by Tyler.
<br />TORIGOE:Right. I don’t know if, Mr. Director, what would you foresee as
<br />being the procedure if it’s determined that the application was not completed at this
<br />point?
<br />YUEN:Well, I think we probably determined the application was
<br />complete, but that it should be supplemented with a Cultural Resource Management Plan.
<br />But I still, you know, I haven’t heard from the Applicant on this point, but that’s my
<br />sense right now, unless they’ve got something in there that I missed.
<br />WATANABE:Okay. That said, Mr. Fuke, do you have any comments with
<br />regard to, you know, supplementing the -? ‘Cause that would then walk, lead us right
<br />into when we would reschedule this.
<br />FUKE:Thank you very much, Mr. Chairman. First of all, I’d like to
<br />reiterate my agreement with the Director’s conclusions relative to the second component
<br />of what Mr. Tyler had to say in regards to the necessity for having like a Cultural Impact
<br />Assessment, you know, pursuant to Chapter 343. I think what Mr. Tyler was quoting was
<br />a quote from, if a person were to do like an EIS or EA, pursuant to 343, then those are the
<br />criteria; but this is not like a 343 document. Nevertheless, the Commission’s rule does
<br />require that you address like the cultural aspects; and, so, as the Director pointed out,
<br />there is a finding both also in the Background of the report as well as in the proposed
<br />Recommendation. Likewise, in the application that we filed in our report, we also did
<br />have a discussion both on the cultural aspects as well as the findings thereto.
<br />On the other component on the Cultural Resource Management Plan, as was kind of
<br />outlined in the ordinance, we are truly aware of that. We had asked specifically of the
<br />archaeologist, Dr. Alan Haun, to prepare a report that fulfills that requirement. In his
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