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Mauck and Associates are not Hawaii attorneys, it is federal law—it's, specifically, he wrote the
<br /> federal RLUIPA law, which protects churches, and if you look at Page 1, the Background of
<br /> RLUIPA, it says that"Congress enacted RLUIPA unanimously to combat the widespread
<br /> municipal practice of using `individualized and discretionary processes to exclude churches....
<br /> And a half way down the next page it says, "RLUIPA requires, among other things, that religious
<br /> and nonreligious assemblies [and institutions] be treated on equal terms," and that, I'm going to,
<br /> "RLUIPA further provides that a municipality may not substantially burden the exercise of
<br /> religion ...." So why I'm mentioning that is because things like SMA can be very costly. From
<br /> what we've found out,they can be anywhere from 10 to 40 thousand dollars, maybe more, I
<br /> don't know. [Addressing to Commissioner Vitousek] Do you know anything—I know that you
<br /> are familiar with archaeological things—do you know what an SMA, Major SMA could cost?
<br /> VITOUSEK: That's not an archaeological
<br /> F. STONE: Okay, so you wouldn't know that, okay. At any rate, it was a big deal to us to have
<br /> to write it, and, but we did it. So, No. 4, it talks about the floodplain, and I'm going to turn to
<br /> Joe for this for a minute because we can't find that we are in a floodplain. We've been told that
<br /> we are not from the Kona side, and then the Planning Department is telling us we are.
<br /> EHINGER: Is there room on your desk for one more paper, I'm sorry, I'm sorry, look, I, you
<br /> know, I just
<br /> HALL: Please, please speak into the mic.
<br /> EHINGER: Yeah, thank you. Yeah, so these are just four images that we put together that I
<br /> really thought would just help the floodplain concept be really clear and simple. So the top left
<br /> image is an overhead view of the current residence—yeah, I know the quality is a little poor,this
<br /> is from the original, sort of okay that we got on the floodplain like originally, so I just took that
<br /> picture from this original floodplain hazardous assessment report, which decided that—of
<br /> course, in that time 20 years ago we built an entire home with the, net full well knowing that the
<br /> tributary was there, and hence that's why the house is elevated four feet off the ground on
<br /> concrete pillars with the concrete surrounding those pillars actually, and extra support,that's
<br /> why we sloped the driveway to carry water away from the house, that's why we planted
<br /> vegetation, 30 mango trees, grass, bamboo, mauka of the house, and had drainage holes dug. So
<br /> in 20 years we've never had any water make it over the driveway in the Kaumalumalu Tributary.
<br /> That being said, you see just in each image, the Zone X designation, which, you know, earlier in
<br /> this today it was asked about and it came up earlier, and I believe it was Alex that said, well, I
<br /> mean the property is in the Zone X. And it was almost like a non-issue. And I was like, oh,
<br /> yeah, the Zone X is a non-issue. In fact, when I went to talk to Dion in Engineering right over
<br /> there, he sort of had trouble, he was like, why are you, why are you here? And I'm like, oh,
<br /> because the County said we were in a floodplain. He just kept looking at me like, you are in
<br /> Zone X. And I was like, I'm new to this, they must be more serious than that. He goes, no, I
<br /> mean, he's like, I don't have anything to tell you, you are in Zone X. And then I, so he said you
<br /> can call Bryce. So I called Bryce and talked to him on the phone. He had the same sort of
<br /> puzzled response. He just kept saying like, I don't understand, like, this is Zone X, what's the
<br /> problem? He said, well, you know, at very least you have to have your place elevated. And I go,
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<br /> EXHIBIT E
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