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become an arm of the sea and then the edge of the pond becomes part of the shoreline. And I <br />know that, either this is in the DLNR letter from November 2007 that we have or I was told this, <br />that the DLNR agrees with that interpretation. I can’t tell you whether or not their rules <br />specifically speak to that. But I know it’s either in that letter or something that I’ve been told <br />that they would agree that if a pond, you know, and a place like Kapoho Vacationland, many <br />other places on the island or even an ordinary tide pool, not necessarily an anchialine pond, there <br />are areas of bodies of water that may be separated from the ocean at low tide, that then join up <br />with the ocean at high tide. And, as I said, we would look at then the edge of the pond at the <br />high tide as being the edge of the shoreline. <br />WATANABE: Clearly though I think the significance here is that at that specific high <br />tide, whichever high tide mark which shows 2.8 or3.2, it would be a surface connection and not <br />subsurface, subterranean connection, right? <br />YUEN: Yes, that’s right, that’s right, clearly. <br />WATANABE: Okay. <br />YUEN: And the other question I think -. <br />WATANABE: Is that clear, because, you know, a number of the hotels have anchialine <br />ponds, and I don’t believe that’s considered part of the shoreline. <br />YUEN: Correct. The other question was vegetation. Vegetation is one of the <br />indications of the shoreline. It still is, it’s not the only indication. <br />WATANABE: Okay. Ms. Bowman. <br />BOWMAN: Just a quick question. The photograph of the flooding, that was sea water? <br />It wasn’t runoff from a storm? I misunderstood, because I thought it was raining and, you know, <br />you can have runoff from -? But that was actual sea water? <br />YUEN: That was sea water. It’s ocean water that gets strong trades and higher <br />than normal surf pushed across Wai Opae Road, which it normally does not do. <br />BOWMAN: Okay, thank you. <br />WATANABE: Okay. Are we done with the questions for staff then? It looks like it. So <br />maybe now we can call up the applicants. And I do have one testifier here but we’ll just call up <br />the applicants for right now. Thank you for your restraint. I know you wanted to join in the <br />conversation but, you know, we do have our procedures so -. <br />SULLIVAN: I understand. I apologize. <br />WATANABE: No problem, no problem. Okay, would you both raise your right hands so <br />I can swear you in please. Do you swear or affirm to tell the truth now before the Planning <br />Commission? <br />10 <br /> <br />