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while. At one point I thought I had found our easement for Ho`omalu, and showed that to <br /> Christian and Candace, but they said, no, that's an easement for the Judd Trail. Then Candace <br /> said, no, it's not, because the State owns the Judd Trail, and then Christian told me it's for the <br /> land under the Judd Trail. But I contacted a real estate attorney, and he said there is no such <br /> thing that easements are just on the surface. So all I'm trying to say is that this was brand new <br /> news to us. With Ho`omalu, I could either, we could wrap up the SMA, because I could talk <br /> about that separately on the other one, but we've been working on that very diligently, and <br /> CARR SMITH: So <br /> F. STONE: Mm-hmm. <br /> CARR SMITH: just,just to be clear, so the issues that you have on the SMA are <br /> F. STONE: Only floodplain. We don't find that there is a floodplain. <br /> CARR SMITH: The floodplain only, okay. <br /> F. STONE: Yeah, that's it. And that the exten- if we can get clarification on how long is the <br /> time, and can we get clarification that it would not include the easements? Because we don't <br /> know how long that will take. <br /> VITOUSEK: Is that Condition 4? <br /> F. STONE: I think it's under 9 where it just time links and extensions. On the SMA one. <br /> VITOUSEK: The floodplain portion is Condition 4. Is that right? <br /> F. STONE: Oh, that's Condition 4, yes. Sorry. <br /> VITOUSEK: Okay. And so, is there a recommended change that you have to Condition 4? <br /> F. STONE: Well, it's, there is no floodplain. That shouldn't be in there. <br /> CARR SMITH: They are saying it's a tributary versus <br /> F. STONE: And that's what the Department of Public Works gave us. <br /> KAY: Is it possible to address <br /> CARR SMITH: Yeah, why don't we have <br /> KAY: —how this came about? <br /> CARR SMITH: —staff address those issues? <br /> 16 <br /> EXHIBIT E <br />