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KAY: You know, I apologize, there is one condition that says the applicant, its successor or <br /> assigns shall comply with all conditions of the Special Permit; I believe that that's why I put it in <br /> there. It may be superfluous at this point, and we can strike it out since there is nothing on this <br /> one that's timed. But the same rationale and thought process goes for the Special Permit. <br /> CARR SMITH: So I think what they were asking is if there will be a time extension or time <br /> frame that has to do with the easement over the Judd Trail. <br /> KAY: So because there is, there is no performance condition that's put in there, that's between <br /> the applicant and the State relative to the Judd Trail. We have no idea how long that's going to <br /> take. According to Land Division, it can take a year or longer, but that's something that is <br /> between, was between Nahona Partners and the State, but is now, according to the Board of Land <br /> and Natural Resources easement sale document, now any successors or assigns would be <br /> required to comply with that. And so that's the hold-off I think with those Judd Trail easements, <br /> is that SHPD is still determining what those preservation requirements are going to be, and the <br /> applicant would need to comply with those before they can have legal access across the Judd <br /> Trail. <br /> CARR SMITH: Does that make sense? <br /> F. STONE: So it tells me that the easement is not, we are, we are not given any conditions, <br /> that's great. <br /> CARR SMITH: Because I think the County sees your access through the subdivision, right? <br /> F. STONE: Both. We still see it as both, but we'll address that in a minute. <br /> VITOUSEK: Going back to the flood <br /> F. STONE: Yes. <br /> VITOUSEK: issue. So, hearing that, you know, there is something coming from the County <br /> DPW Engineering that any as-built structures within the area need to comply with the Chapter <br /> 27, do those structures comply with Chapter 27? <br /> F. STONE: On what we show is that the tributary, which is also on your map here, it's straight <br /> under the original permitted building, and we did comply with everything. <br /> VITOUSEK: So theI guess the question for both the unpermitted yoga deck, does that <br /> comply, as far as anybody knows, with the standard <br /> F. STONE: We think it does because it's not near there. <br /> KAY: Based on our conversations with Building Division, they would need to come in for an <br /> as-built permit, and those <br /> 18 <br /> EXHIBIT E <br />