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COTTLE: It looks just like the picture depicts. <br /> <br />GIFFIN: Okay. And there was a picture of Jeff with his back -. <br /> <br />COTTLE: Yes. <br /> <br />GIFFIN: Standing. <br /> <br />COTTLE: This is actually another good shot -. <br /> <br />GIFFIN: See so it’s high, wait, yeah, high on the left and then it drops to the right. Is there a way <br />for the public to traverse that to get into the water? <br /> <br />COTTLE: The public, it’s assumed that the public would traverse wherever it’s accessible, so -. <br /> <br />GIFFIN: Okay, so there is no attempt to replace the walkway that once was, that is in reference to <br />the background -. <br /> <br />COTTLE: No. <br /> <br />GIFFIN: Okay, so it’s going to be as is. <br /> <br />COTTLE: The public access way will remain as is. <br /> <br />GIFFIN: Okay. <br /> <br />LEITHEAD TODD: Yeah -. <br /> <br />GIFFIN: Bobby Jean. <br /> <br />LEITHEAD TODD: Prior to this, there was a wall across that open area, and on one side of the <br />wall you had a set of steps that came down. And what occurred over time is that the steps separated <br />from the wall, behind the wall the ocean came in and dug a hole, and we ended up having to <br />barricade the public access because it was unsafe and we were concerned. Working with <br />Mrs. Scharpf and her representatives, they took care of the dangerous condition – that’s one of the <br />reasons we had the emergency permit – they took care of the dangerous condition; they fixed that <br />access way to improve it because there was a hole just, where you see that line of sand, right behind <br />there, there was a big hole, so they fixed that up, and then they angled their wall a little bit to reduce <br />the impact of some of the potential wave action in that area, and have substantially improved public <br />access through the work that they did. <br /> <br />GIFFIN: Okay, so the rock, the lava rock that is built up there towards the top of the access, is that, <br />that was put in by the applicant’s representative, I mean, the applicants, to ensure that that roadway, <br />that access would be kept in good condition to pervert flanking or whatever -. <br /> <br />LEITHEAD TODD: I think it would be easier to have the applicants talk about what went on. <br />There is a problem in that, as far as we can tell, there are a lot of walls that got built in Puakō <br />without permits -. <br />4 <br />EXHIBIT B <br /> <br />