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it has been known to be located in that area of the property and to the south of the subject <br />property. So, will an increase in the amount of people on the property and beach area adversely <br />affect threatened green sea turtles that bask and may nest in the area? The Department has <br />consulted with the U.S. Fish and Wildlife Service. Staff went out on a site visit with Fish and <br />Wildlife Service staff last week, and they provided a memo with recommendations in your <br />background report, and you should also have gotten a supplemental email with further <br />recommendations this morning. So some of those recommendations that Fish and Wildlife is <br />making is that mechanical and construction activities cease within 100 feet of a green sea turtle <br />until the turtle voluntarily leaves the area; also avoid holding large gatherings, and minimizing <br />lights during turtle nesting season, which is from May to December; and placing signage <br />informing the public of turtles and how to, how to behave around the turtles, and also have an <br />on-site, on-staff monitor to place temporary boundary fencing, should a turtle come up to bask on <br />the beach. Fish and Wildlife did not indicate the distance that the temporary boundary fencing <br />should be placed from a turtle; we are assuming it’s not the full 100 feet that’s required for the <br />construction activities, but we are consulting with them still to find out that distance the boundary <br />fencing should be placed. <br /> <br />The last two concerns are related to the shoreline setback and public access. So the survey that the <br />applicant provided showed that the shoreline has moved about 30 to 80 feet since 1968. The <br />applicant is proposing to implement a 60-foot setback for any structures from the certified <br />shoreline, but the question is whether that is enough to protect those new structures and future, <br />from future shoreline erosion and ensure safe public access. And I’m just going to go back and <br />show you on a map real quick. So taking those measurements the 80-foot movement of the <br />shoreline was in this area. You can kind of see the current certified shoreline; it’s a solid light <br />black line here. And so the 80-foot inland movement was in this area, you can see a pretty big gap <br />here. The 30-foot movement was in this general area here and then further to the south. <br /> <br />And lastly, is the current ten-foot wide public access easement located mauka of the certified <br />shoreline adequate or should the public be able to enjoy the entire sandy beach area, similar to the <br />sandy beaches to the north within the Waikoloa Beach Resort? And I’m just going to back up <br />again to that photo and show generally where that, so, the applicant under SMA Permit 412 agreed <br />to a floating easement, a ten-foot wide floating public access easement, and basically what that <br />means is anytime the certified shoreline gets recertified and the shoreline moves in, the access <br />easement will move mauka as well, so it’ll be located just mauka of the certified shoreline. And <br />so currently the certified shoreline is, again, this black line, so the current public access easement <br />is located along that line and ten feet mauka would be the corridor for current public access. <br /> <br />So that concludes the presentation from staff. I do just want to bring to your attention the <br />handouts that we have for you; so you should have your background report, we also have provided <br />public testimony in, it looks like, three groups, so you should have one batch that is from, let’s see, <br />thth <br />January 11 to January 13 and that one, the first email, if you are looking at them, is form <br />thth <br />Barbara Funk, and the next batch is dated from the 13 through the 16 and that first one on top is <br />thth <br />from Cassandra Crandall, and the third batch is from the 16 to the 17 and that email on the top <br />th <br />is from Kevin Reece McPherson. You should also have a fourth batch, sorry, from the 17 to the <br />th <br />18, the name on that first one is Rodrigo Romo. And just for Commission’s information and <br />public’s information the Planning Department provided all public testimony to the Commission up <br />7 <br />EXHIBIT B <br /> <br />