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Hawaii Onel property for this development is going through the Hawaii Two2 property, but <br /> that's not part of this SMA? Is that correct? <br /> ARAI: That's, it's not a part of this SMA. That's correct. <br /> VITOUSEK: Why is that? <br /> ARAI: Because <br /> VAN BERGEN: Because that's added after the fact. I mean we've got an SMA Minor for the <br /> road specifically. I think it was back in 2018 or 2019. But it wasn't part of the original 2009 <br /> SMA because that parcel wasn't, at that particular time the access was going to be off Naniloa <br /> only, and this was added at a later date. <br /> KAY: The Change of Zone ordinance gave the landowners options on how to provide for <br /> roadway improvements to access the property. They chose option one, which was to extend the <br /> roadway from Alii Drive through that intermediary parcel. And so because it met the <br /> requirements for a Minor Permit, they came through and permitted it through an SMA Minor <br /> Permit process. And that was part of the applicant's exhibits to you showing the Minor Permit <br /> for that. So it wasn't wrapped into the SMA Major because it was done after the ordinance in the <br /> original Major were approved. <br /> VITOUSEK: Obviously, it's all part of the same project. Would it make sense to wrap it into <br /> this SMA now? <br /> KAY: I don't know why it would because they've already gotten approval for that roadway <br /> onto, or across that makai parcel. So they've already, they've already met the requirements for <br /> SMA review for that roadway. <br /> VITOUSEK: Right, but I mean the thing that I guess I'm struggling with is how a roadway for a <br /> major development would be considered SMA Minor. Wouldn't it have a cumulative impact? I <br /> mean, would we be analyzing that? I guess that would be, is that, I mean, wouldn't, wouldn't we <br /> be thinking that's a cumulative impact that increase from the development that that's serving? <br /> ARAI: I jumpoh, sorry. <br /> KAY: No, go ahead, Daryn. <br /> ARAI: At this point in the game I don't see it as cumulative impact because it was clearly <br /> expressed as a mitigating option in the Change of Zone ordinance. It's more of a mitigation <br /> action rather than a cumulative action. That's the way I see it. I, and again, because that option <br /> was expressed in the Change of Zone ordinance of the current project site. <br /> VAN BERGEN: One of the factors with that road was, was that the parties didn't own that <br /> parcel; it was owned by John Metzler. And so, that roadway wasn't really an option until the <br /> property was acquired in 20- either 2018 or 2019. At first, we negotiated an easement with John, <br /> 26 <br /> EXHIBIT D <br />