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Duane Kanuha December 5.2013 Page 2 Japanese/Korean Cemetery The Rosendahl 2009 report indicates that burials were removed from Site 26592 in the early 1970s and reinterred at Homelani Memorial Park.A former Homelani Memorial Park employee who was present during this activity was interviewed by PHRI staff; they report that "Mr. Kutsunai also stated that, perhaps not all the graves were disinterred."He also stated that the headstones were buried on site in the excavated graves,and the burials were removed with a backhoe.It is therefore likely that both intact burials and disturbed human remains are still present at this site. The AIS report recommends that Site 26592 is significant under Criterion D and potentially under Criterion E,pending the findings of additional work at the site.Data recovery was recommended in order to identify the presence or absence of additional human remains at the site.SHPD concurred with this recommendation in 2010 (Log No.2009.4136 Doc.No. 1001 MD08).As stated in the 2009 report:"The landowner has agreed not to develop the former Japanese/Korean cemetery area makai of the former stables until subsurface data recovery excavations, approved by SHPD,are conducted(page 24)."Our records indicate that we have not received a data recovery plan to address the agreed-upon mitigation for this site.The proposed subdivision map shows that this cemetery area composes well over half of a proposed residential lot. If in situ burial(s) are discovered at this site during data recovery work,they will be considered previously identified and procedures as outlined in HAR§13-300-31 will be followed. If identified burial(s)are non-Hawaiian,the Department of Land and Natural Resources shall review a burial treatment plan and determine the disposition of the burial(s). If the identified burial(s)are Native Hawaiian, the Hawaii Island Burial Council shall review a burial treatment plan and determine the disposition of the burial(s). The REZ application for this project states that,"There are no known burials left on the property but caution should be displayed in any future soil disruption in the area in the event that not all of the prior burials have been removed." This statement is not consistent with previously agreed upon mitigation procedures.We request that a data recovery plan that outlines proposed work to confirm the presence or absence of human remains at this site be prepared pursuant to HAR§13-278 and submitted to SHPD for review and approval prior to the approval of the SMA permit. The results of this field work are critical in determining potential future uses of the affected subdivision lot. If undisturbed burials are present,their disposition should be determined prior to initiation of any ground alteration and prior to subdivision approval. Hakalau Landing SHPD requests clarification of the ownership/jurisdictional status of Hakalau Landing. Exhibit A of the REZ application depicts this site partially within the boundaries of the proposed project;however,it was not included in the archaeological inventory survey. Recommendations In summary,significant historic properties are present within this project area and there is a potential for these sites to be adversely affected if development of the area proceeds. We recommend that the SMA permit for the development of this subdivision be deferred until the applicant has submitted plans for agreed upon mitigation measures at Sites 29591 and 29592,and the plans have been approved by SHPD.These include a preservation plan for Site 29591 and a data recovery plan for Site 29592. We also recommend that the data recovery plan be implemented prior to the initiation of any ground disturbing activities and prior to approval of the subdivision plat map. We also request clarification of the status of Hakalau Landing and any additional historic properties that are located along the cliff or at the base of the shoreline cliff,within what is identified as the project area. Please contact me at (808) 933-7653 or theresa.k.donham@a,hawaii.gov if you have any questions or concerns regarding this letter. Aloha, Theresa K.Donham Archaeology Branch Chief cc: Dylan Shropshire(dylanna alohagreen.com)