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Shoreline Public Access sign meeting with Planning Department approval <br /> at the entrance to the public access path at Kalapana-Kapoho Beach Road. <br /> The Shoreline Public Access Sign description may be obtained from the <br /> Planning Department. <br /> 9. Due to insufficient information regarding potential impacts to <br /> subsurface historic properties, the Applicant is required to prepare an <br /> Archaeological Monitoring Plan (AMP) meeting the requirements of <br /> Hawai`i Administrative Rules (HAR) Ch. 13-279-4 for review and <br /> approval by the State Historic Preservation Division(SHPD)prior to the <br /> issuance of Building Permits for the proposed development. The Applicant <br /> shall provide a copy of the approved AMP to the Planning Department <br /> once approved by SHPD. The Applicant shall comply with the <br /> approved AMP including, but not limited to, having an archaeologist <br /> onsite to conduct archaeological monitoring for identification <br /> purposes during all ground disturbing activities to adequately identify <br /> any archaeological historic properties present and, if identified, to <br /> determine potential impacts to them, and to ensure that appropriate <br /> mitigation is implemented. <br /> 12. That in issuing this permit, the Department has relied on the <br /> information and data that the applicant has provided in connection <br /> with this permit. If, subsequent to issuance of this permit, such <br /> information and data prove to be false, incomplete or inaccurate, this <br /> permit may be modified, suspended, or revoked, in whole or in part, <br /> and/or the Department may, in addition, institute appropriate legal <br /> proceedings. <br /> See Exhibit 1 (emphases added). <br /> DISCUSSION <br /> I. THE DIRECTOR'S DECISION WAS BASED ON CLEARLY ERRONEOUS FINDINGS <br /> OF FACT AND APPLICATIONS OF LAW <br /> The Director's Decision was based on clearly erroneous findings that are not supported <br /> by reliable, probative, and substantial evidence. <br /> The Hawai`i Supreme Court follows the clearly erroneous standard in reviewing findings <br /> of fact: <br /> A finding of fact is clearly erroneous when, despite evidence to support <br /> the finding, the appellate court is left with the definite and firm conviction <br /> in reviewing the entire evidence that a mistake has been committed. A <br /> 13 <br />