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all we ask is that flexibility be built in and not hard baked into the permit conditions that will <br /> foreclose any reasonable opportunities. If Ho`olaulima is to be further widen for example, why <br /> wouldn't that be a consideration where safety concerns are reasonably addressed by the <br /> applicant, and they can continue to use the rock haulers. <br /> So, that's the substance of our requests and the applicant Shellbylynn can speak further to that if <br /> you have any specific questions. So, thank you for your time. <br /> ZERN: Mr. Chair, if I may. Thank you, Mr. Arai. So related to Condition 5 as you just <br /> mentioned. I understand you wanted to be dynamic, so you guys could have the discussion <br /> moving forward with DEM. Is it your understanding though at this moment moving forward that <br /> DEM has already made a request that there shall be no rock haulers used at this time moving <br /> forward, is that clear? <br /> ARAI: That is our understanding based on the memo that's part of the record. Yes. <br /> KERN: So, then the as may be directed gives you the flexibility but your understanding is <br /> now for the record that that request has been made. Doesn't mean that you guys can't talk about <br /> that in the future and come up with some other agreements that is acceptable. Is that the intent? <br /> ARAI: That is correct. The reason being is that while the Department has made its position <br /> known in its memo to as part of this process. All comments received by the reviewing agencies <br /> are recommendations that are, should be considered by the Planning Director. So, like any other <br /> comments we see by the County, the Director and ultimately the Commission and in this case <br /> ultimately the State Land Use Commission will then assess whether or not it's reasonable or <br /> unreasonable. So, we're just asking for some reasonable accommodations. <br /> KERN: Sure. So, with that understanding I am okay with it, with having that condition. But let <br /> it be known that DEM has stated that that's what they want right now. Don't come back and be <br /> like oh we thought it was different. <br /> ARAI: No. <br /> KERN: It's been stated unless we get something different DEM that will hold true. Fair? <br /> ARAI: That is totally understood — <br /> YAMADA: Understood. <br /> ARAI: — and totally fair. <br /> KERN: Thank you. <br /> ARAI: Thank you Director Kern. <br /> YAMADA: Thank you. <br /> 7 <br /> EXHIBIT E <br />