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obviously the Director was involved in this and Mr. Torigoe, in incorporating consideration of valued resources. Its very important and I think its a very proactive move that will allow the kinds of-, excuse me, that will bring best efforts forward to preclude the kinds of problems that we have had relating to, in the past, relating to valued resources, in particular burials. And so I think, I congratulate you Mr. Chairman, members of the Commission and others involved for your foresight in addressing the Kapaa Kai decision as well as other legal precedence to make it better for everybody including the applicant. Thank you very much. GALDONES:Thank you Mr. Tyler. Commissioners any questions? Commissioner Springer? SPRINGER:Thank you. Mr. Tyler are you suggesting that condition number 9 needs to be strengthened or are you just drawing our attention to it? TYLER:Uh,both.Imnotsureifitneedstobestrengthened,Ithinkitdoes because I want to be sure that there is no disturbance regardless of whether final plan approval is granted or not. Until such time as the valued resources have been properly identified and protected. Well, theyve been properly identified, to be protected in accordance with approvals from SHPD. SPRINGER:And if, may I continue? GALDONES:Sure. SPRINGER:Then also, I think you correctly note that there is no landscaping condition and often times thats a standard condition. And, with regard to the mauka-makai access are you suggesting that that should be a condition? TYLER:I am if it is the desire of the Commission I think its always nice to commit these things to writing so that theres no confusion later on when the division or department or agency that has the kuliana to carry, to see that its carried out, is done. SPRINGER:Thank you. Mr. Chair, may I ask the Directors response to these concerns raised by Mr. Tyler? GALDONES:Mr. Yuen? SPRINGER:We have the strengthening of condition number 9. Youve heard his concerns Mr. Yuen do you feel that condition number 9 needs to be strengthened? YUEN:The requirement of a preservation plan and a burial treatment plan would-. I think what we have is a burial site that was discovered and is being now preserved and there is an interim buffer set and then theyll be- apparently the final buffer has been proposed by the applicant but has not been approved SHPD yet. But if this went forward with the present condition Im sure it would require a marking of the buffer before any grading and grubbing occurred on the site. That would be the normal kind of condition that would go EXHIBIT C 17