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TORIGOE:Thank you, Mr. Chair. So your question exactly is -? GRAHAM:In this application there is a trail that the documentation lets us know was habitually used for mauka-makai, the main mauka-makai access trail within this ahupua`a. And, you know, I’m also aware of the Highways Act of 1892, I believe it is, which says that trails are rights-of-way that the public habitually uses on maps dating from that time, they continue to have a public interest and a public access. And I’m just wondering, you know, what is the demarcation line? Why is this particular trail not subject to some kind of public ownership or continued public access, and just using this as an example for me better understanding when that Highways Act comes into play and why it doesn’t come into play in this situation. TORIGOE:Yeah, well, I’ll have to pull up the Highways Act which is in the HRS which we have and take a look at it. I don’t know if there has been any kind of determination made by Mr. Hahn or some facts that might come to bear on that. So maybe we could get whatever background information we have on that. And I can pull up the HRS, and see if there’s anything relevant that we should look into at this point. GRAHAM:Oh, maybe I can just hold it for when Mr. Hahn comes forth; and if we need to pursue it more, we can. FUKE:Mr. Chairman? ALAMEDA:Yes. FUKE:If we may, I’d like to introduce Dr. Allen Hahn who did the archaeological report and possibly could answer some of those questions. ALAMEDA:Okay. Dr. Hahn, could you please raise you right hand? Do you swear or affirm to tell the truth now before the Hawai`i County Planning Commission? HAHN:I do. ALAMEDA:Thank you. Could you please state your name and address for the record? HAHN:My name is Allen Hahn. My address is HCR-1, Box 4730, Keaau, Hawai`i. ALAMEDA:Thank you, Dr. Hahn. You’ve heard the question, would you like to comment on that? HAHN:The trail that we documented during the inventory survey does not appear on any historic maps that we’re aware of; and it’s my understanding that at least one representative of the Applicant has made contact with the Na Ala Hele Trails Program staff, and they had actually made a visit to the site. And it’s my understanding that they didn’t have any jurisdiction over this trail, but we’re happy that at least a portion of it was, that the intent was to at least preserve a portion of it. EXHIBIT B 10