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know something of that sort. So I guess what we€re saying is conceptually we have no <br />problem with it we just don€t want to make a commitment that we can€t you know unilaterally <br />comply with. <br />GRAHAM:Sure I understand that and I don€t have any problems I€m just <br />wondering like when the plan is being put forward right now to Historic Preservation is it <br />being presented that if possible we would like a corridor for public access or is that just being <br />left out so it€s-? <br />MOOERS:No. When the plan was produced it was produced just to address what <br />are the adequate buffers for the burials and the features that are there. It was not put forth that <br />there be a pedestrian path at that time. <br />GRAHAM:So somebody other than you folks would have to initiate something if <br />theyweregoingtogetHistoricPreservation-? <br />MOOERS:Iwouldthinkthatiftherewereaconditionplacedthentheywould <br />have to respond to it. The problem right now and I€m not trying to make excuses for the <br />Historic Preservation Division but they€re very under staffed and it€s very, very difficult to get <br />any approvals through. And, but that€s the responsibility of the archaeologist to get that <br />approval letter from them. <br />GRAHAM:I understand. Thank you. <br />SPRINGER:Commissioners any questions further questions? No one has signed up <br />to testify on this matter. So if there are no further questions we may go into deliberation and <br />decision making. I€d like to begin though with a motion to accept the withdrawal of the <br />Intervenors in the Contested Case. Commissioner Salavea? <br />SALAVEA:I move that we- in the matter of, I€m sorry hold on one sec.- in the <br />matter of Phil Tinguely, Special Management Area Use Permit SMA 05-004 that we accept <br />the Contested Hearing withdrawal submitted by Patty Hattenburg acting member for the <br />Association Kona Pacific AOAO. <br />SPRINGER:Thank you is there a second? <br />WATANABE:Second. <br />SPRINGER:Commissioner Watanabe seconded the motion. Is there any discussion <br />on the motion? Mr. Darrow we can take the roll call on this. <br />DARROW:Thank you Madam Chair. Commissioner Salavea? <br />SALAVEA:Aye. <br />DARROW:Commissioner Watanabe? <br />EXHIBIT B <br />6 <br /> <br />