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HomeMy WebLinkAboutCOM 0641.022 2004-2006 Hawaii Island Burial Council Minutes for 081805 Page 31 of 40 De Silva says nothing has happened. Young asks if the sites are on State or private property?. Lindsey says it looks like all of the area is on State land. De Silva says there are fishermen that use the area. Pele Hanoa asks if the trails are still there?-the stepping stones?. De Silva says the mauka-makai trails are there- that is something else he is working on. The whole area down there- there are sites. There are some concerns over the trail. De Silva is going to stay involved down there. The first step is the Burial Registration. Lindsey says he will coordinate with De Silva to schedule the site visit, and start working on the burial registrations-that will give the HIBC the information. Maigret says she is looking forward to the site visit to get background information on the area. C_.~ C. TMK (3) 1-6-91:54 and 1-6-91:Various KEA'AU AHUPUA'A, PUNA DISTRICT, HAWAII ISLAND Keoni Alvarez (Alvarez) introduces himself to the HIBC. Aileen Alvarez introduces herself to the HIBC. She lives in Ainaloa Subdivision. The lots are about a quarter acre- 12, 000 square feet. There is a burial cave across the street from their property. The opening of the cave is on the lot across the street, but the cave runs under her lot. There are three iwi-Lindsey came and say it. Nc . ~ http://www.state.hi.us/dlnrlhpd/bcdlminutes/tii081805m.htm RGeofro~To:P~ 11/1412005 Ref. Data Hawaii Island Burial Council Minutes for 081805 Page 32 of 40 Her concern is the buffer for the site. Just a D-9 bulldozer could take up the whole lot, and it would destroy the lot. The State Historic Preservation Division needs to preserve the lot, and preserve and protect this aina, and the iwi. They also have concerns over saftey hazazds-there have been cave ins. There is a roadway- they aze not sure who will take responsibility for protection of the cave. Keoni Alvazez (Alvarez) says 16 years ago they built their home- that is how it all started. They reported the burial site to the police- they have no records of it. When they reported it, the archaeologist at the time came over and did their investigation- Alvazez has no records of that. The people who went in the cave were Elson Kalawe and Kekipi. Alvarez also thinks it was a Smith who was the archaeologist. Alvazez's whole goal is to perpetuate the Hawaiian culture and preserve everything with it. Alvazez reported the cave because he knows people started to develop, and right now four or five home per month are being built. This is a large cave- it has three iwi in it. This is a part of our heritage, and we want to preserve it- and not disturb it in any way. Alvarez says he had a hard time getting on the agenda- it took numerous calls to Lindsey, and Alvarez really had to convince Melanie Chinen- they had some long talks, and Chinen agrees with him. That is why he is here today. Personally Alvazez feels you should not be able to build on a burial site at all. When you move the burials, it is tampering with the site, and Alvazez believes strongly that is wrong. A realtor came to the property, and Alvazez told him about the cave. The realtor came with the landowner who wanted to build a house. Alvarez told her no, because there was the cave- and there is iwi in it. Alvazez got in touch with Elson Kalawe and Kalawe told him the whole situation. This property has been sold three times in three weeks. The police went in the cave and their report says these iwi are believed to be ancient Hawaiian burials. This is a big cave- if there is one there is many more. Alvarez is trying to preserve the area. http://www.state.hi.us/dlnr/hpd/bcd/minutes/hi081805m.htm 11/14/2005 Hawaii Island Burial Council Minutes for 081805 Page 33 of 40 Alvarez does not feel when Maigret and Lindsey went into the cave that it was a thorough investigation. Alvarez feels you need to be prepared- you can't take it lightly- they did not have a ladder or the proper geaz. You need to survey the cave, and look for artifacts. Alvarez went into the cave- he did not want to. The cave could go farther- we are not sure. A road runs over the cave- school buses go over the road. Alvarez alerted the County, civil defense, SHPD, Ainaloa Subdivision- he is really going to take action on the issue. The site is on private property. Someone can take three bulldozers and level a whole lot in one day- it would only be a 1000 dollar fine- it is a petty misdemeanor. Alvarez called Senator Kokubun-they are going to meet, and try and establish stricter penalties for these types of violations. There is another site that his brother went into- there are ocean rocks. There are two round bodies. It is a burial site and needs to be protected. The landowners need to be notified now- we can't wait until people start bulldozing. The whole thing about Ainaloa Subdivision is that you don't need to report the grading- you can wipe out the whole property. Alvarez wants to notify the landowners that there are sites. They are trying to get an inventory survey for the entire area. Burials are supposed to be there forever- they should not be moved or tampered with. Lindsey says Leslie Eversole has been identified as the landowner of the property where the opening to this tube is. About 300 feet into this lava tube there aze iwi. It is most likely that the location of these iwi aze on an adjacent property. The Department has determined preservation in place-the question is how to protect the tube since it crosses over multiple properties. Not every property in this subdivision is going to be subject to a permit or action- the State's ability to come in and inventory cultural sites relies on a permit or something of that nature. The letter that went out notified Hawaii County Planning and Public Works, and the Ainaloa Community Association- at least they have been notified in case there is some sort of development or improvements in the future. There aze multiple landowners involved, because we don't know where this tube goes- the tube has not been delineated on the surface. http://www.state.hi.us/dlnr/hpd/bcd/minutes/hi081805m.htm 11/14/2005 Hawaii Island Burial Council Minutes for 081805 Page 34 of 40 Alvarez says that is something that needs to be done quickly- there are burial sites involved. Elarionoff asks Alvarez the lots aze 12, 00 square feet- the houses are on catchment, and there are cesspools?. Alvazez says yes, and that is another concern- the lava tube could be used for a cesspool. It is legal to do that. Alvarez is upset over how people get away with this- the property is being sold over and over. Cariaga asks this is in Ainaloa Subdivision?. Alvazez says yes. He is trying to alert everyone. Young says the letter has been written, has there been a response from the landowner?. Alvazez says the realtor wants to preserve it. Lindsey says the thing to emphasize is that the opening to the tube is on one property, and the tube very quickly leaves the property and goes beneath other properties. The tube needs to be delineated as it runs through the subdivision. Saffrey asks Alvazez about his thought that this is an Ali'i burial site. Alvarez says from talking to Kalawe and Kekipi-the way the light shines into the cave- that is what he has been told. He knows there is some mana- he wishes he did not go in- he when pule before he went in. For some reason something is pushing him to preserve the site. Young asks if this site is inadvertent?. http://www.state.hi.us/dlnr/hpd/bcd/minutes/hi081805m.htm 11/14/2005 Hawaii Island Burial Council Minutes for 081805 Page 35 of 40 Lindsey says it is. From the time they went in 16 yeazs ago, it was inadvertent. Aileen Alvarez says she called the police when it initially happened 16 years ago-the police gave the information to the DLNR. Young asks if any knowing desecration of the site would be considered a violation of the law?. Lindsey says it would be. Young asks how the State would react if the entrance to the cave was disturbed?. Lindsey says generally for a violation to occur, the has to be damage to the iwi in the cave- penetrating abuffer zone- destroying the entrance to a cave- there is a lot of grey area there what the violation is. Alvazez says 6D protects caves from damage. Lindsey says 6D is not necessarily a historic preservation thing- Lindsey is talking specifically about 6E burial violations. A recent law makes it a little stricter. Young asks if there are CC&R's in the subdivision?-these may provide protection. Aileen Alvarez says there aze. Lindsey says going back to 6D, it is illegal to go on someone's land and destroy or alter a cave, but under 6D, if you have the landownez's permission, it is ok. The real issue is what http://www.state.hi.us/dlnr/hpd/bcd/minutes/hi081805m.htm 11/] 4/2005 Hawaii Island Burial Council Minutes for 081805 Page 36 of 40 is a burial site- it is where the iwi aze. Sherlock says there aze ways to do a title search for the original owners of the property- there may be old maps. Alvarez says someone was recently fined 10,000 dollazs for selling a skull on ebay. These people here aze selling whole burial sites. We need to work together to get stricter penalties. Lindsey says there are private property interests afforded people in this Country. As far as burials go, as long as you provide protection, or go through the process to relocate the burial, you can build on the land the burial is on. Alvazez does not want to leave his heritage in someone else's hands. He is letting these people know about the iwi. The iwi are under his house- the opening to the tube is on another property. End Tape 3 Side A Begin Side B The iwi are towards the back end of his house. Ron Dela Cruz asks if it is a big cave?. Alvarez says it is. Young says there have been cave-ins in the tube- aze these natural or caused by activity?. Alvarez says buses drive on the road. http://www.state.hi.us/dlnr/hpd/bcd/minutes/hi081805m.htm 11/14/2005 Hawaii Island Burial Council Minutes for 081805 Page 37 of 40 Cariaga asks about the condition of the iwi. Lindsey says the iwi were probably placed in there a certain way, but through time things have changed. Dela Cruz asks if there are burial goods?. Lindsey says most likely, no. Alvarez says what about other sites in the area?. Lindsey says we can take a look at those too, but for this cave it is a staffing and time issue- to do the level mapping that needs to be done, it won't be anytime soon, there are 50 cases ahead of this one. Lindsey says he does not like going that route. Young says the responsibility of these iwi should run with the land. If Young was the lot owner, he would afford protection for the iwi, and do it his way. Alvarez asks if the burials will be moved?-they need to be preserved in place. Lindsey says the Department has determined to preserve in place. Kuali'i says the mapping does take time, and the cave does cross over multiple properties. Alvarez says they are notifying everyone of the iwi. http://www.state.hi.us/dlnr/hpd/bcd/minutes/hi081805m.htm 11/14/2005 Hawaii Island Burial Council Minutes for 081805 Page 39 of 40 Saffrey asks if the entrance could be blocked?. Lindsey says it could be- the landowner would have to be consulted. Alvarez says he does not want rocks dumped in there. Lindsey says it would be like capping a cesspool. Dela Cruz says everyday it is exposed, there is danger. A motion is made to recommend that the entrance to the cave be blocked (Saffrey/Cariaga). Vote: All in Favor Alvarez hopes it would not be a permanent cap. VI. ADJOURNMENT A motion is made to adjourn the meeting (Dela Cnxz/Sherlock) Vote: All in Favor The meeting is adjourned at 317p. http://www.state.hi.us/dlnr/hpd/bcd/minutes/hi081805m.htm 11/14/2005 ~P~~ to•F9h'~~' yrr s, 95 ¦'•'4r f ' i + S C ;m S , ~ Jp~ ~,///~P/.IB'I~a KEOI~II KEALOHA ALVAREZ HAWAIIAN ISLAND PRODUCTIONS JANUARY 22, 2005 On behalf of the people of Hawai i, I send greetings of warm aloha and offer my congratulations on the creation of Hawaiian Island Productions. Your vision to perpetuate Hawaiian culture celebrates our values and fosters pride in and respect for our rich heritage. The traditional Hawaiian stories, music, dance and language illustrated in your productions will surely generate a newfound appreciation for our island pazadise among residents and visitors alike. Best wishes for a memorable preview event of your latest work, "Hawai'i's Traditional Hawaiian Music Videos," featuring renowned musicians as well as up-and-coming artists. I commend your dedication to sharing the aloha spirit characterizing our beautiful islands, and may you enjoy continued success in your endeavors. Aloha, Linda Lingle Governor, State ofHawai'i NAMES & ADDRESS OF LAND OWNERS RIGNT TO LEFT ON MAP 1) Parcel # 16091069 Name: William ~ Estola Cabus Address: 16-2117 Anturium Dr. Pahoa HI, 96778 2) Parcel # 16091070 Name: Frank & Linda Do Martini Address: 79 Alamarida Camboll, CA 95008 3) Parcel # 16091071 Name: Aileen Alvarez Address: 16.2109 Anthurium Dr. Pahoa, H196778 4) Parcel # 16090078 Name: Sherman Richards Address: 16-2107 Anthurium Dr. Pahoa, H196778 5) Parcel # 16090077 Name: Edric bhnson Address: P.O. f30X 1-1136 Volcano, HI 96785 6) Parcel # 16090076 Name: Chuck & Judith Ann Wakeley Address: 1170 Lei Nina hina Place Hilo, N196720 PAGE 1 NAMES & ADDRESS OF LAND OWNERS RIGHT TO LEFT ON MAP 7) Parcel # 16091056 Name: Shinichi 6 Setsuko Address: 116-2 Tsuchibami Tomochi • Machi Shimomashiki Kumamoto, Japan 8) Parcel # 16091055 Name: Robert & Donna Family Tr Address: P.O. BOX 569 Shell Knob, MO 95747 9) Parcel # 16091054 A 1609007 Name: Daryl Nenry Rapozo Address: HtR 1 BOX 5685 Keaau, HI 96749 10) Parcel # 16090080 Name: Reed Yuichi Takaaze & lay Tokiol Address: 138 Apoke St. Hilo, HI 96720 11) Parcel # 16090081 Name: Reed Yuichi Takaaze 6 Jay Tokiol Address: 138 Apoke St. Hilo, HI 96720 12) Parcel # 16091051 Name: Lewis ~ Verna Tolson Address: 508 Oscar ST. 0 Lathe, KS 66061 PAGE 2 NAMES ~ ADDRESS OF LAND OWNERS RIGHT TO LEFT ON MAP 13) Parcel # 16091052 Name: lames & Vicki Balis Address: 45575 Lori Leigh LN. Salt Lake City, UT 84117 14) Parcel # 16090053 Name: James Robert ~ Charles Sides Address: 180505 Skyland Circle Lake Oswego, OR 97034 15) Parcel # 16090104 Name: James Robert & Charles Sides Address: 180505 Skyland Circle Lake Oswego, OR 97034 16) Parcel # 16090103 Name: David & Francis Spielberger Address: 1361 S GreenFeild RD #2086 Mesa, AZ 85206 17) Parcel # 16090102 Name: Chuck & Judith Ann Wakeley Address: 1170 Lei Ninahina PL. Hilo, N196720 PAGE 3 - - n~ ~ - N u~~ •mror era rowxnr ~ ~ ~ I~ N V ~ ~ E N w = . T .t ~j iI ~ t g~ ~ .fix ~~~'~a i ~ ~ ~ . 'i8 ~a ~ g.3 ~ ~ s i M ~ ~ a w y ~ ~~Y ~ 't r i ~ ~ o ~ ~ ~ ~ ~ ~~8i = ig s 3~ 3 $~IF_ ~ SIFT s ~ " I ~ ~ gs ~ $ 8R ~ 8g a we~o R .r ~ 7 i y ~ ~ ~ ~ F ~ ~ ¦ r ~ 'UAlB YOltlNltl a A LETTER FROM ' KEONI ALVAREZ INFORMING OTHER LANDOWNERS IN THE AREA ABOUT THE CAVE BURIAL & HIS CONCERNS OF POSSIBLE SURFACE BURIALS ~ AROUND THIS AREA - - - September 19, 2005 To: Daryl Henry Rapozo Parcel # 16091054 i Address: HCR 1 BOX 5685 Keaau, HI 96749 From: Aileen & Keoni Alvarez Cultural Descendant of Burial & Home Owner 16.2109 Anthurium St. i WARNING: It is our understanding that you are the owner of the subject property. On June 1, 2005 in Ainaloa Subdivision on Anthurium Street (DLNR) the Department of Land and Natural Resources staff and the Police Department (Puna District) responded to a report of human remains in a massive lava tube. To the Archaeologist findings it is positively identified as ancient Hawaiian skeletal remains and there is a possibility that your property might contain surface Hawaiian burials. The DLNR and Hawaii Island Burial Council has determined to preserve these remains in place. There will be further surveys and investigations on the June 1, 2005 cave and skeletal remains site. Because of this finding our concerns j are for additional surface burials that may be around area. if a discovery of a burial site is found on your property and we ask for your serious concern and cooperation. [Law § 6E] Description: Establishes criminal offenses for knowingly taking, appropriating, excavating, injuring, destroying, or altering historic property, aviation artifacts, and burial sites without permission or without obtaining required approval. Establishing criminal offense for knowingly failing to stop work in area and reporting the discovery when burial site is discovered. Establishes that it is civil and administrative violation, to knowingly fail to re-inter human remains that are discovered on private lands, or lands owned by the State or counties or to knowingly glue together, label or conduct any test that destroy skeletal remains. If you violate this law that preserves and recognizes the value of conserving culture) sites you may be charged, property fines and severe penalties by the Department of Land and Natural Resources and the Hawaii State Historic Preservation, Planning Department etc. Mahalo nui, For more Information please contact: Aileen Nalani Alvarez CULTURAL DESCENDANT/HOMEOWNER i Name: Aileen or Keoni Alvarez Phone: (808) 982b925 Malting Address: RR3 BOX 1043 Keoni Kealoha Alvarez Pehoa HI, 96778 CULTURAL DESCENDANT/HOME OWNER Department of Land and Nature) Resources Name: Keola Lindsey Phone:(SOS)327-3692 Address: 74383 Kealakehe Parkway II Kallua-Kona, HI 96740 - - - - OUR BURIAL CAVE MEETING WITH THE ISLAND BURIAL COUNCIL " THE AGENDA & MEETING MINUTES" ~ i ~ Island Burial Councils, Hawai' i Page 1 of 2 5tatc ~t • ~ ~e~vat 1~~r ISLAND BURIAL COUNCIL MEMBERS Island Burial councils have •scheduled meetings once each month on their respective islands. All Council members aze appointed by the Governor of Hawaii and confirmed by the Senate for a four year term. Expiration dates for council members aze shown in pazentheses following their names. No council member may serve more than two consecutive terms. All meetings by the council aze open to the public. Any person may submit oral or written testimony to the council regazding a matter under consideration, provided that applicants first submit a written request to the department to be placed on the council meeting agenda. For more details on the burial sites program or the Island Burial Councils, please refer to the •program rules and_regulations_. Click here to see •meetin$ a~en_das and minutes for an Island Burial Council. HAWAII (13) OAHU (13) Cariaga, Anna (06/30/08) Bridges, Cy M. (06/30/07) Dela Cruz, Ronald N. M. (06/30/08) Diamond, A. Van Horn (06/30/06)* Elazionoff, Leningrad (06/30/09) Ehrhorn, Chazles A. (06/30/07) Hanoa, Winifred Pele (06/30/09) Greenwood, Alice U. (06/30/09) Harris, Roger A. (06/30/06) Josephides, Analu K. (06/30/08) Helbush, Roy (06/30/08) Keli ikoa, Andrew (06/30/09) Hoover, Jacqui (06/30/09) Kini, Kalei S. (06/30/07) Kahakalau, Ku (06/30/08) Kruse, T. Kehaulani (06/30/06) Keliikoa-Sherlock, Gail U. (06/30/06) Mahi, Aaron D. (06/30/09) Kuali'i, Melvyn Kaleo (06/30/08) McKeague, Mazk Kawika (06/30/09) Nazara, Cynthia (06/30/07) McQuivey, Jace L. (06/30/09) Saffrey, Dutchie K. (06/30/07) Paik, Linda "Kaleo" (06/30/08) Young, Charles Kui Hin (06/30/09) Tiffan ,Lynette Pualani "Nettie" (06/30/06) KAUA'1/NI`IHAU (12) MOLOKAI (06) A'ana-Nakahara, Donna (06/30/07) Albino, Louella Opu'ulazu W. (06/30/06) Hubbard, Mark S. (06/30/08) Dunbaz, Lance M. "Kip" (06/30/09) Kamm, Grace H. (Q¢/30/06) Hodgins, Pearl Alice (06/30/05) Kapaka-Arboleda, La France (06/30/O8)* Malo, William K. (06/30/09) Kruse, John A.P. (06/30108)** Napoleon, Nanette Lehua (06/30/06) Pfeffer, Catherine Ham Young (06/30/06) Pescaia, George "Keoki" (06/30/06) file://D:\BURIAL%2000UNCIL%20MEMBERS files\councils.htm 8/18/2005 t ~ O ~ N., eL'~'gmwa" wig L7PIDIA LPICLL a~ fYOG ~ k1~ w.vuu woAw tunnAt,mnm OOV®tNOI OP NAWAU ~ mMmppl pl pAIR,OOIAB WNA®RR 10~TY.IWDM `4 MI+IYOpBL1tll-1.1W y~d~~~~ ~ ( ACIQJJ[~W ~.WAIH ~~y.~.~ wAIQ10"~At00®AN WO®A9W ,ma"u Q wmrerAe~ CCABOYWIONMAIR,OWb WWAtitllf L1M. LLVAIIMI NOtOQR(Y @84L9~!! STATE OF HAWAII °°'°""°@' ,~ed~ DEPARTMENT OE LAND AND NATURAL RESOURCES w~ IpC[flll'AORYA'IfON STATE HISTORIC PRESERVATION DMSION ~"~'""a~i. ~1V° ""~0" 601 KAMOKII,A BOULEVARD, ROOM 554 '~"m'"~" KAPOLEI, HAWAII 96707 AGENDA HAWAII ISLAND BURIAL COUNCIL MEETING DATE: THURSDAY, AUGUST 18, 2005 TIATT: 10:00 AM PLACE: NAALEHU COMMUNITY CENTER 95-5635 MAMALAHOA ffiGHWAY NAALEHU, KAU, HAWAII 96722 L OPENING REMARKS Call to order- Introduction of Burial Council Members, Historic Preservation Staff and Deputy Attorney General. II. APPROVAL OF JULY 21, 2005 HIIiC MEETING MINUTES III. BUSINESS A. ESTABLISHING A COUNCII, POLICY REGARDING THE REASONABLEADMINISTRATION OF ORAL TESTIMONY, INCLUDING TIME LIMITS ON ORAL TESTIMONY B. BURIAL TREATMENT PLAN FOR STTES ON A PROPERTY LOCATED IN HONOKOHAU NUI AND HONOKOHAU IIQ AHUPUAA, NORTH KONA DISTRICT, HAWAII ISLAND [TMK (3) 7-4-008:13 AND 30] Information/Recommendation: Informational presentation by West Hawaii Business Park, LLC on the development of a burial treatment plan. Council recommendations on the development of the burial treatment plan. Recognition of cultural and/or lineal descendants. C. BURIAL TREATMENT PLAN FOR STTES 24123 AND 24124- PUU EO AHUPUAA, KAU DISTRICT HAWAII ISLAND [TMK (3) 9-3-03:73] Information/Determination/Recommendation: Presentation by Rechtman Consulting. Council determination to preserve in place or relocate previously identified burials. Council recommendations to the Department on the short and long term preservation measures detailed in the Burial Treatment Plan. Recognition of cultural and/or lineal descendants. - . --r D. BURIAL TREATMENT PLAN FOR S+F1'E 24214- KAIAOA 2r'n ~tiHiJPUAA; NORTH KONA DISTRICT, HAWAII ISLAND [TMK (3) 7-3-2:09j 1, r ~ ~ Information/Determinstion/Recommendation: Presentation by Rechttnan Consulting. Council determination to p~sprve in place otaelocate previously id~tthsfted burials. Council recommendations to the Department on the short and long term preservation measures detailed in the Burial Treatment Plan. Recognition of cultural and/or lineal descendants. ~ t ti~~ V. CASE UPDATES A. TMK (3) 9-516:32 KAAi.AiKi ,d?ND HOKUKANO AHUPUAA, KAU DISTRICT, HAWAII ISLAND Information: Discussion of community concerns regarding the possible disturbance of Native Hawaiian burial sites by the construction of a single family residence on the subject property. B. TMK (3) 5-9-02 and &9-03 OKOE AHUPUAA, SOUTH KONA DISTRICT, HAWAII ISLAND Information: Discussion of community concerns related to burial sites in the above mentioned area. C. TMK (3)1-6.91:54 and 1-6-91:Varioua KEAAU AHUPUAA, PUMA DISTRICT, HAWAII ISLAND Information: Discussion of inadvertent burial discovery on the above mentioned properties and Department determinations on the matter. VI. ADJOURNMENT Pursuant to §92-3, HCtS, all interested persona shall be afforded an opportunity to prosent oral testimony or submit date, views or arguments in wilting on any agenda item. A request to be placed on a Burial Council agenda must be made with Burial Sites Program staff at least two weeks preceding the scheduled meeting date. In addition, the request must be accompanied by all related documentation. Failure to comply with this procedure will delay your item to the following month's agenda. Materials related to items on the agenda are available for review at the State Historic Preservation Division at 555 Kakuhihewa Building, 601 Kamokila Boulevard, Kapolei, Hawaii 96707 and will also be available at the meeting. Disabled persons requiring special assistance should contact our office in advance at (808) 692- 8015. i HAWAII COUNTY DEPARTMENTS INFORMED ABOUT CAVE BURIAL RECEIVED COPY OF STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES PRESERVATION LETTER, POLICE REPORTS, BURIAL SITE & INFORMATION OF TAX KEY: 1-6-91 "54" 1) INALOA COMMUNITY SUBDIVISION SIGNATURE 2) DEP T T F URAL AND LAND RESOURCES (HILO) -`~0 (9Ci~~~ SIGNATU E 3) CO/~ IJ~VTY P~F~P~j~iING DEPARTMENT ~~~.~J(,( , Y/a/ofi SIGNATURE 4) COUNTY DEPARTMENT OF PUBLIC WORKS SI NATURE 5) COUNTY COUNCIL REPRESENTATIVE SIGNATURE PACIQ:T: 1. July 25, 2005 two page letter from State of Hawaii Department of Land and Natural Resources Subject: Inadvertent Discovery of Human Skeletal Remains. Log No: 2005.1220 Doc. No: 050610A1 2. follow up call of 16 years aga Call Date: 5-20-OS (found out department did not Rag burial sight in system. No notes or rewrds were found from first Archeologist 16 years ago about burial site). 3. Hawaii County Pollee Department Miscelaneous Service Sheet Misc. Service ID: M05023746 Date reported: 5-30.05 4. Hawaii County PoBce Department Miscellaneous Service Sheet Misc. Service ID: M05024014 Date of report: 6-01-05 5. Hawaii Island Burial Council Meeting Alvarez on agenda. Present at meeting, voiced concerns of preserving cave & burial sites, & safety issues. 6. Island Burial Council Members 7. Sunrise Properties Inc. Realtor Terry M. Schoneberg "Principal Broker" Sold TMK 1-6-91 several times 8. Photograph of burial cave entnrrce 9. Path of cave direction 10. Trial to cave sRe 11. Map in cave to burial site 12. Names and address of land owners parcel numbers on page L• 16091069, r609rmo, 1609171, 16090078, 16090077 S 16090076. 13. Continue. Names and address of land owners parcel numbers on Page 2: i6o91s6, i6o91oss, tfio9~os+, rso9ao79. ~6o9ooao, a i6o9oo6~ 14. Continue. Names and address of land owners parcel numbers on Page 3:16o91os1,1so91osz,16o9oos9, 16090104, 16090109 5 16o9o1oz. 15. aroperty map of landowners around burial she 1-6-90 Page 1 of 1 1 ~ RF,AI..ITIES THAT ARE ~ ~ CONTINUING ~ TO SALE THIS HAWAIIAN j ~ BURIAL SITE ~ y v 1 A'iN ti7 +A.z5a4-' k V ~ i y..(.:~~.......: i_.....w.p.,~__.ysy<~~.r....uy~..~.~.maw....~~.w~v~..~...».qu.»....~...,_{..~y~~.w..y..~>.~e/p 1V~ VUV"OlA lI1W ~,•DYY ~WVJ i~1D"'4'h1~~~~ ERA Big Island eo. aox aozs Hilo, NI 96720-0026 o3Qg{c (i{gln Olfice: 18081 9 61-018 6 - Nome OlOce: (8 0 81 9 5 9-8570 Fmc (8991975.. E-Mail: ricknrie8lkuelo.om Ri~ck~Barbeti _ MM ERA EacM1 fM' gM1Ca ¢ Intlepntla~Xly OcnaJ and Opua~ed f MAPS OF BURIAL SITE AND I..ANDOWNERS INFORMATION i BURIAL CAVE ENTRANCE i i . , ~~Z:~i. { I J , ; i i i i I TOP OF PROPERTY MAP Tax Key: 1.6-90 ~~78"& 1-6-90 "79" O BURIAL CAYE SMALL 2112 x 21 /2 O BURIAL CAYE BIG ~ 41/2x41/2 120 ft into property I I x...II.. a~a.~ h~u Tax Key: 1-6-91 "54" iu.u1 Tax Rey: 1-6-90 "79" Parcel # 16091054 Parcel # 16090079 Name: Darryl Rapozo Name: Darryl Rapoxo Address: NCR 1 BOX 5685 Address: NCR 1 BOX 5685 Keaau, HI 96749 Trall Keaaa, NI 96749 Anthurium Road Tax Key: 1-6-9i "71" Tax Key: 1-6-90 "78" Parcel # 16091071 Parcel # 16090078 Namo: Aileen Aharez Name: Sherman Richards Address: 16.2109 Autburium Dr. Address: 16-2107 Autburium Dr. Pahoa, N196778 Pahoa, HI 96778 PATH OF CAVE DIRECTION TO IWI TAJI KEY: 1-6-90 "79" ~ 1-6.90 "78" Q s~uu uvE O 616 GYE I I I I I RQAD ~ HOUSE GARAGE X x..,,u.. CAVE MAP Tax Key: 1-6.90 "79" Cave i Q Care 2 Small Entrance Width 2'/: X 2'/: ft. Depth: 8 to 12 ft. Large Entrance Width: 4'/: X 4'/z ft. Deptb: 15 - 20 ft. 250 to 300 ft. Care 3' three Hawaiian bodies ware located. Care 4 CAYE nl i maaiE t X" UYE EI i IWBaIE 2 ~ru.-u.«wu.w.^ X location of - -then Newailaa yt bodlea Care 5 EXPLORERS ? caw ~ i rsssiF a Keoni Alrares - Founder Arckaeologist: Mary Ane Maigret and "''"-^-n.r.w«....- Krala Unsay Poliee OFficer: Kskiki Hadaon Sr. Investigation of care slopped due to lack of equipment i safety at an estimate 2g0 to 300 ft. p R 0 ~ ION 5 (Summary) RR3 BOX 1043 PHONE: (808) 982-5925 PAHOA HI, 96778 FAX: (808) 982-6802 Aloha, my name is Keoni Kealoha Alvarez President of Hawaiian Island Productions. * This is a very important matter and vriceless to the history and future generations of Hawaii. I'm asking foundations, business and community to help preserve an untouched ancient Hawaiian burial site and take it off the market which it rightfully deserves. FIRST REPORTING TO THE STATE PRESERVATION DEPARTMENT: Sixteen yeazs ago in our subdivision, neaz our home my brother and his friends ventured into the forest and they discovered a cave. When they entered this cave they found Iwi which in Hawaiian means skeletal remains. My mom was told what my brothers found and she reported to the Puna police and they came out to investigate. The officer said they are going to notify the State Preservation to document and protect this burial site. Later Mark Smith an archaeologist from the State preservation came out to our area along with two cultural archaeologist from the Puna district Elson Kalawe and Keiki Kekipi Aloha. They did there surveys and documentation of the burial site. * Our understand of the process was that the state preservation was to document the area and their findings which would be filed and the property owner would be notified of this matter. SIXTEEN YEARS LATER AFTER REPORTING THE CAVE BURIAL: My family and I are the Kahu (keeper) and cultural descendant of this burial site it was then it became our kuliana or responsibility as Kanakamaiole to make sure that this area was in assured protection. March of this yeaz 2005, I noticed a for sale sign that the realtor put up about six parcels way from the burial site that we reported sixteen years ago. Due to all this development I just wanted to bring attention to "Island Homes Reality° that a near by burial site was discovered and their might be possible ancient surface Hawaiian burials around the azea. The owner denied knowing about the burial site and also said it's leeal to sale burial sites and he also said "theirs nothing we can do". I knew that was not true because the news did a story of someone who tried to sell a Hawaiian skull on E-Bay which was charged by the courts for selling Hawaiian remains. PAGE 1 OF 3 P R O IONS RR3 SOX 1043 PHONE: (808( 982-5925 PAHOA HI, 96778 FAX: (808) 982-6802 So I wasn't going to let that rest. So I called the State Preservation and I told them about our burial site. The director Keola Linsey of the program looked on the State computer as well as the state files he said "theirs no records of this burial site ever being documented. I mentioned about the Mazk Smith the archaeologists that came out to document this azea sixteen yeazs ago aze there any kind of notes? He said "no" the azchaeologist at that time retired. It's a good thing we knew the two cultural azchaeologists that came out with the State Preservation azchaeologist that verified sixteen yeazs ago we had reported this burial site. After fmding out that the State Preservation Department did not have any records of our report I went to the police department to retrieve our police report of the burial cave sixteen years ago. I was told by the clerk that the police system clears reports like ours which fell into a miscellaneous reports every five years. To make things even more difficult we found out the property that we reported with the cave and Hawaiian bones was sold two weeks before we found out about this. The new landowner Daryl Rapozo purchased this property and was investing to build two homes and to sale it. After finding out that his property contains a Hawaiian burial he requested to "Sunrise Properties" wanted his money be refunded because the burial was not disclosed to him, the realtor denies knowing about cave. This cave is massive in size that rest in the middle of a half acre the new land owner will not be able to develop until State Preservation prolonged process of safety procedures, extensive survey and burial protection plan is in place. Because this will be a lengthy process the new land owner doesn't want to deal with this and want to move on. So I proposed to him if I could find the protection and funding to purchase this property. He agreed and is willing to give it only to me for the price that he purchased it. Amount of of property $51, 000. CONTACTS• Keoni is working with Ne'e Papa, Hui Paa, Ike Aina, Oha Preservation Program, Island Burial Council, State Preservation, County Council, Hawaii Island, Senator Russell Kokubun, Governors Liaison Andy Smith and other cultural descendants to put sites like these under Hawaiians assured protection from the threat of development. Channel 9, 2 and 4 news will be covering this story along with the Hawaii Tribune and other press media. They will follow up when this cave burial is under complete protection. PAGE Z OF 3 i~ T 1 O N S ~,i~ P R O D U C RR3 BOX 1043 PHONE: (808) 982-5925 PAHOA HI, 96778 FAX: (808) 982-6802 GOAL: Hawaiians believes burial sites should not be sold. It is the qualified cultural, collateral lineal and direct descendants as well as the burial councils responsibility as Kahu or Keepers of burial sites to take care and protect our ancestors. Realizing the law process can take time to change and issues regarding the protection of burial site are not concrete I feel to purchase this property is the key to keep it in Hawaiians hands which it will be under assured protection and preserved. I'm asking the community, business, organizations and foundations for support monetary to get this untouched historical site off the market and protected for the future generation of Hawaii. OUTCOME WHEN BURIAL SITE IS TAKEN OFF THE MARKET' Film maker Keoni Kealoha Alvarez will create a documentary that focuses on bring awareness to all, Hawaiians and non Hawaiians. Educating the history of burials, sacredness, threats, and importance of preserving and protecting these sites. All who supports to save this historical site will be credited and possibly be in the film. * This priceless site has been proposed to me for $51, 000 what the owner originally paid for this property. I believe this cost is a drop in the bucket and priceless to the history and future generation of Hawaii. PAGE 3 OF 3 STATE PRESERVATION DEPARTMENT LETTERS REGARDING CAVE BURIAL As c r-y~ esiBB r. vounc LINDA LINCL6 A• •,B4~^i~`~1i eoAgp OFUNONkN,pegouN:aS fAVERNJBOF HAWAR 4 ti:•:?.~ k~ ['OMM@SpH CN wA1WI P18WPGE MANAaB.1&!f ROBBBi K MA80DA AAFd~„d Nm vvvurr oBenoB ~ uHn DBAN NABANO ACIIII00@IT' OdKKTIq - WAIPA /QIIATC HP9(NIM:fl9 S O A I Pb AV D O C E.U1 M E L%Ai KKI STATE OF HAWAII CONMBSIXI ON WAIPA Y6fOUPCE NAXAG@f@it y DEPARTMENT OF LAND AND NATURAL RESOURCES `°"'a`vAi°""ND~"'T""-"iD9 '~d1NW_ mrvsexvAnoN umxeeouacea wroN.~etrr WaWH®xwa HISTORIC PRESERVATION DNISION 1Op~^BY AXD1Y°D1~ HISIOPCPP8t0N'AIHX! KAKUHR{EWA BUILDING, ROOM S55 uxoouwa BUrvoArem,vacaN,.ms~on 601 KAMOKB.A BOULEVARD nAre~ o KAPOLEI, HAWA1196707 July 25, 2005 Ms. Leslie A. Eversole LOG NO: 2005.1220 P.O. Box 865 DOC NO: 0506KL01 Mountain View, HI 96771 Dear Ms. Eversole: SUBJECT: Inadvertent Discovery of Human Skeletal Remains 'Ainaloa Subdivision Kea'au, Puna District, Hawaii Island TMK f3)1-6-91:54. 1-8-91:Various On June 1, 2005 Department of Land and Natural Resources (DLNR) staff conducted a site inspection to the above mentioned property. The site inspection was in response to a report that there was a lava tube with human remains present on the property. You were present at this site inspection, along with Mr. Terry Schoneberg, Ms. Aileen Alvarez, Mc Keoni Alvarez, and a Hawaii County Police Department Officef: It is our understanding that you are the owner of the subject property. DLNR staff determined that the lava tube extends in a northeasterly direction from an opening on your property. Approximately 300-feet into the tube human skeletal remains were observed. The DLNR- Hawaii Island Assistant Archaeologist positively identified the skeletal remains of at least three individuals. Based on context, the remains are believed to be over 50 years in age, and thus, pursuant to §6E-43.6 of the Hawaii Revised Statutes, under the jurisdiction of the DLNR. The State Historic Preservation Division (SHPD) represents the DLNR in these matters. The DLNR has determined to preserve these remains in place. Although the opening to the tube is on your property, we believe that the tube extends off of your property, under Anthurium Drive, and the human skeletal remains are actually located beneath another property. DLNR staff did not continue investigations in the tube past the area where the skeletal remains were identified, and it is likely the tube continues for an undetermined distance, In the event you plan to improve or develop this property in the future, we respectfully request that appropriate protection measures be implemented to preserve and protect the opening and overall integrity of this lava tube. Furthermore, we are continuing to Ms. Leslie A. Eversole Page 2 collect and review inforration indicating that there may be additional surface burial sites present in the vicinity of the lava tube opening. Should we obtain information confirming the presence of additional burial sites on your property, you will be immediately notified. By copy of this letter, we are informing the 'Ainaloa Community Association of this matter in the event there are plans to improve the infrastructure in 'Ainaloa Subdivision- specifically on Anthurium Drive in this area. We are also notifying the Hawaii County Planning Department and Department of Public Works of this matter in the event they review any action relative to this area in this future. Thank you for your time, cooperation, and patience thus far, and we hope to continue working with you and all other appropriate parties to provide a respectful conclusion to this most important matter. Should you have any questions, please contact Keola Lindsey of our Burial Sites Program at 327-3692. Aloh ~/1 n anie Chinen, Administretor State Historic Preservation Division KL:jen c: ,j~rMleen Alvarez and Mr. Keoni Alvarez (RR 3 Box 1043 Pahoa, HI 96778) Mr. Terry Schoneberg- Sunrise Properties, Inc. (101 Aupuni Street, #106 Hilo, HI 96720) Ms. Dutchie Saffrey- Hawaii Island Burial Council- Puna Representative (P.O. Box 1864 Kea'au, HI 96749) Ms. Debbie Boggs-'Ainaloa Community Association (RR 3 Box 1303 Pahoa, HI 96778) Hawaii County Planning Department (101 Pauahi Street Suite 3, Hilo, HI 96720) Hawaii County Dept of Public Works (101 Pauahi Street, Suite 7, Hilo, HI 98720) ~ p ~ M PETER T. YOUNG LPlDA UNCLE A~A~{D~SD ~ 1 BDARDOF BArvoxANMxDa prvRALaFSOUaces CQVERNOR OF HAWAII ,R f°MMISSION ON WATER RESOIIRCEMANAGFMENT ROBERT K. MARUDA DEPUIV DIXECroR -1 AND ~pOd by m ~o~ ~(Pa ~ ~ DEAN NAKANO A('IWO UEPIfFY DIXFITOR-WAfFR ~.D,~,mON^ AQD AT IC NCSODRCFS PtIAIWG AND IX'EAN RFC'aEAT10N BUPEAU OFCroNVETANCCS COMMLSSION ON WAIFA RESOURCE MANAGFM FNT STATE OF HAWAII `°"seR"ATI°"""O mASTU BANDS CI)NSERVATON qND RFSWRCES ENFTIRCEN FM FDRES'rax AnD wBnBo-e sra2~~,a DEPARTMENT OF LAND AND NATURAL RESOURCES °"°~0 xECTDav: vRESerAVnnoN KAHmuwE auND aaseavemMrmssxm STATE HISTORIC PRESERVATION DIVISION BAND 601 KAMOKIl.A BOULEVARD, ROOM 555 srnRe vARas KAPOLEI, HAWAII 96707 December 14, 2005 Keoni Alvarez Log No.: 2005.2724 RR 3 Box 1043 Doc No.: 0512KL04 Pahoa, HI 96778 Dear Mr. Alvarez: SUBJECT: Documentation of Lava Tube Burial Site `Ainaloa Subdivision Kea'au Ahupua'aR Puna District. Hawaii Island This is to inform you that the burial site you brought to the department's attention has been confirmed and designated as a historic site. The lava tube site has been assigned Statewide Inventory of Historic Places (SIHP) Site Number 50-10-45-24851. The department is continuing to work at documenting the lava tube, which is located in the 'Ainaloa Subdivision and contains the human skeletal remains of at least three individuals believed to be of Native Hawaiian ancestry. Upon review, it appears as if the lava tube crosses beneath multiple properties. We are working to identify each landowner, so as to apprise them of the burials. We thank you for your patience and hope to continue working with all appropriate parties to provide a respectful conclusion to this most important matter. Should you have any questions, please call Keola Lindsey of our History & Cultural Branch at (808) 327-3692. Sincerely, elanie Chinen, Administrator State Historic Preservation Division c: Members, Hawaii Island Burial Council County of Hawaii Planning Department (101 Pauahi Street, Suite 3, Hilo, HI 96720) Keola Lindsey, SHPD-Kona Sunny Greer, SHPD HAWAII COUNTY POLICE DEPARTMENT "POLICE REPORT" ~ REGARDING CAVE BURIAL HAWAII COUNTY POLICE DEPARTMENT Miscellaneous Service Sheet Misc. Service ID: M05024014 Printed On: 08/16/2005 09:17 Misc. Service ID: M05024014 Reporting Officer: PN KAHIKI HODSON Date Reported: 06/01/2005 11:24 Investigating Officer: 182892 KAHIKI HODSON Date Occurred: 06/01/2005 11:24 Disposition: CLOSED Close On: 08/01/2005 14:45 Disp Date: 08/01/200514:45 Call Type: PERAST Shift: 2W Status: Report District: PN Address: AINALOA BLVD & ANTHURIUM DR AINALOA-KEAAU PosU Beat: 835 - PUNA Incident Num: Accident Num: Synopsis: THIS OFFICER ASSISTED WITH THE STATE DNLR HISTORIC PRESERVATION OFFICERS IN IDENTIFYING THE REMAINS OF WHAT IS BELIEVED TO BE AN ANCIENT HAWAIIAN BURIAL GROUNDS. THIS BURIAL AREA IS IN A LARGE CAVE. DUE TO THE UNSTABLE WALLS AND CEILING, IT WAS UNSAFE TO PROCEED DEEP INTO THE CAVE. THE POTENTIAL FOR THE COLLAPSE OF THIS CAVE IS HIGHLY PROBABLE. HAWAII COUNTY POLICE DEPARTMENT Miscellaneous Service Sheet Misc. Service ID: M05023748 Printed On: 06/03/2005 08:06 Misc. Service ID: M05023746 Reporting Officer: PN KENNETH WALKER Date Reported: 05/30/200517:09 Investigating Officer: 189055 KENNETH WALKER Date Occurred: 05/30/2005 17:09 Disposition: CLOSED Close On: 05/30/2005 20:08 Disp Date: 05/30/2005 20:08 Call Type: PUBACC Shift: 3W Status: Report Distdct: PN Address: 182109 ANTHURIUM DR PAHOA PosU Beat: 835 - PUNA Incident Num: Accident Num: Comment: REPORTING PARTY REQUESTED ADVISE UPON POSSIBLE HAWAIIAN BURIAL GROUNDS. ADVISE RENDERED.