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F. STONE: In the Judd Trail. So I'll back up. On Page 15, it shows where it was not the
<br /> Nahona Partners. Seeing that there was no progress being made because the Nahona Partners
<br /> had gone out of business, we stepped forward to the State and said, can we do it, can we go
<br /> ahead and pay for all those appraisals to be done so we can get the Judd Trail so that not only
<br /> ourselves but eight, there are eight Judd Trail easements onto Ho`omaluhia Road, so we paid for
<br /> all of them. And then we also paid for the easements themselves, and that is on Page 17, and that
<br /> was for 1,255 dollars. After that, on Page 18 we got a perpetual non-exclusive easement for
<br /> roadway, utility and driveway access purposes, and it says all of that. And we thought we were
<br /> done. We thought not only had we paid for ours but we'd also paid for all our future
<br /> neighbors the properties hadn't been sold yet that we took care of that because Nahona
<br /> wasn't doing that. And that's kind of how neighbors look out for each other; if you are a good
<br /> neighbor, you try to help out. Then if you go forward onto Page 26—so we have a lengthy
<br /> history spanning many years with the Judd Trail—on Page 26, and this is in 2007 now, they said,
<br /> well, you can't have all eight easements because those property owners need to own their own.
<br /> So they gave us back the check, it's on the next page that, oh, not that one, they did refund us for
<br /> the other seven easements, and then we reapplied just for our own individual easement of 148.50,
<br /> and that's what's on the next page is that those were cashed. And then on Page 28, and that's
<br /> again in 2007, and remember we started this process in 2000, we were again, the Subject says,
<br /> "Perpetual, Non-Exclusive Easement for Roadway, Utility & Driveway ..." onto the Judd Trail.
<br /> We thought we were done. So then, come to present, and that's actually on Page 2, when we
<br /> applied for the permit, the special use permit, it was discovered that those, that SHPD had never
<br /> finished the approval. They needed to do the recommendation for how to preserve. Now,they
<br /> had given us a paper that said how we were supposed to do it, and we did that; we did gravel, we
<br /> didn't put any cement or anything like that, we respected everything that we were supposed to
<br /> do. However, the preservation plan was never put in place. And so that was when we found out,
<br /> when we did the Special Permit, that it's still not in place. This is 15 years later. So I have
<br /> talked to Candace and I have talked to Sean at SHPD, and we've contacted Na Ala Hele Trails.
<br /> And now they are working on it together. They had a meeting, and then they are working on it
<br /> together just, all they need to do is the preservation plan, that's the last step. In the meantime, I
<br /> don't think other property owners even were aware that there maybe was a Judd Trail or that
<br /> there was any preservation, so, not all, not all owners did that, kept with that. All right, so, there
<br /> is much more about the Judd Trail, but I think that shows that we've been earnestly working on it
<br /> for quite a long time.
<br /> All right, on Page 7, I'm sorry, of the yellow, yeah, it does say that the proposed development is
<br /> consistent with the County General Plan and all of those things, so, and we, we agree. We were
<br /> surprised that we had to do a Major SMA since SMAS are mostly coastal areas. We are not on
<br /> the coast, we are about a half a mile up. The archaeological we have, the Judd Trail is adjacent
<br /> to our property, not on our property, it's right next to our property. And the AIS had already said
<br /> that no further work needed to be done, that there weren't important archaeological things.
<br /> However, we were told that we would not be able to apply for a special use permit without doing
<br /> the SMA, so we did it. We did a lot of research. We weren't able to get very much from the
<br /> County. I called Oahu to get how it should be done, and they said, well, the first thing is that
<br /> you fill out a survey and then you submit that to the State, and then, or to the County, and then
<br /> they recommend whether it's a Minor, a small SMA, or a Major SMA. That never happened; it
<br /> was just decided for us. And I'm only mentioning that because I think this isalthough John
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<br /> EXHIBIT E
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