2006-07-06_Memorandum_re_Puu_Lani_Ranch

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I. INTRODUCTION Puu Lani Ranch Corp. ("PLRC") is appealing from the March 20, 2006 final decision of the Planning Director, County of Hawai'i, in which the Planning Director set out the remedial action that will be required because of PLRC's destruction of the Henry Hao homestead site in violation of the conditions of final subdivision approval. A prehearing conference relating to the appeal was set by the Chair of the Board of Appeals ("Board"), Valta A. Cook, for Thursday, July 6, 2006 at 2:00 p.m. A statement of the facts leading up to this appeal is provided below. 1. Statement of the Facts A significant historic site,which was assessed by the State Historic Preservation Division(SHPD) as an excellent example of a historic period homestead, was bulldozed in the Pu'u Lani Ranch Phase II Subdivision. Record on Appeal ("ROA") at 11. It looks as if it was deliberately destroyed because "the [bulldozing] was limited to the vicinity of the [historic] site." ROA at 11. PLRC,the developer of the subdivision, who is also the owner of the lot, was supposed to preserve the site as a condition of the final subdivision approval. ROA at 122 and 84— 87, respectively. There had been previous correspondence in which the owner acknowledged their responsibility to protect archaeological sites. ROA at 104 -105. Yet,Newell Bohnett, President of PLRC, admitted under oath during a hearing before the Board on February 10, 2006 that he authorized the grubbing/bulldozing of the historical site. ROA at 360. After being informed by SHPD of the destruction of the site, the Planning Director tried to find out who was responsible, and sent a letter asking Mr. Bohnett and the prospective purchasers, Mr. and Mrs. Glidden, to give any information they had about 2