2022-06-08 Cultural Resources Commission Meeting Minutes

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on the project site or nearby area, nor existence of any known valued cultural historical or native resources within the project site. The second concern of the LPC was whether the level of consultation with lineal descendants in the planning of the overall project was sufficient. Legal public notices regarding the burials located on the property was published three times in the Honolulu Star Advertiser and the West Hawai`i Today in July 2016, and in Ka Wai Ola in August 2016. There are no kuleana awardees known for the project site. In January 2017, only one descendant responded to the notice and was placed in contact with SHPD to obtain the descendancy application. An earlier notice in 2007 resulted in a SHPD-confirmed descendant, Clarence Medeiros. The cultural assessment, as one of its findings and recommendation stated that the Kahulamu and Hale `ohana whose ancestors are from these lands afforded the opportunity to have a walkthrough of the project site prior to bulldozing and grading activities. The late Josephine Nahale Kamoku of the Nahale `ohana and Hiram Rivera of the Kahulamu `ohana were consulted in preparation for the cultural assessment study. Others that participated as consultants were Wattie Green, Clarence Medeiros, and Mahealani Pai. The third concern of the LPC was whether lineal descendant access issues have been fully considered by SHPD and resolved in a burial treatment plan. The final burial treatment plan accepted by SHPD indicated that access to the burials for appropriate cultural activities will be permitted to any lineal or cultural descendant formally recognized by the Hawai`i Island Burial Council and by SHPD. If descendants wish to visit, they will need to coordinate with landowners and provide 24-hour notice prior to accessing the burial site. Finally, the LPC was concerned with whether lineal descendant access and open space should be proposed to mitigate or minimize project impact upon the overall cultural landscape. This question has been specifically directed to the CRC by the LPC based on the voluminous information on the record and that has been provided to all commissioners. On behalf of the applicant, Mr. Arai stated that years of studies conducted, and mitigation plans developed and prepared under the direction and guidance of County Council, Planning Commission, Planning Department, SHPD, and the Hawai`i Island Burial Council have demonstrated that this project would not have a significant adverse impact on the overall cultural landscape within the portion of North Kona. At this time Commissioner Hirano disclosed that consultant Sidney Fuke is his uncle. However, he explained that he has not had any communication with Mr. Fuke about this project and it is not a conflict. Commissioner Hirano offered this information for transparency purposes. Mr. Van Bergen stated that the original ordinance was for parcel 121. It was for a 62-home subdivision. The ordinance allowed for two accesses to the subdivision, one off Naniloa and one off Ali`i Drive. Later, negotiations were made with the previous landowner of Parcel 1, for the easement off Ali`i Drive. A year later the landowner purchased the easement. A grubbing permit in 2018 allowed for bulldozing of parcel 121. A cultural monitor was hired and was on site during all activities. The two burial sites were hand-cleared as indicated in the burial plan and installed the 70-foot construction fencing. All the protocols were followed. Regarding the Kuakini Wall on parcel 1, the easement was created in 2018 and surveyors were hired to survey the easement and a soft boundary assessment. This is the location where Page 7 of 14 Cultural Resources Commission June 8,2022