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<br />ARAI: Microphone— <br /> <br />HEAUKULANI: My question is not whether you, it’s the County’s position. I’m asking you. <br />Do you agree that as part of a subdivision process, the County and the landowner can agree to <br />establish the setback at a distance greater than 40 feet from the shoreline? <br /> <br />WATSON: They can do that, sir, but the law states that the BLNR determines the shoreline, and <br />a certification has to be within twelve months of the application, and that the setback as the law <br />is 40 feet. And we followed the law here, and we’re asking that everyone follow the law here. <br />That’s all. <br /> <br />HEAUKULANI: Followed the law, but you didn’t follow the permit, right? <br /> <br />WATSON: Again, none of that was disclosed to us after, until after we had a permit and started <br />construction. <br /> <br />HEAUKULANI: I’d like to explore that a little bit. What do you mean disclosed? You didn’t <br />have access to the permit itself? <br /> <br />WATSON: The Planning Department didn’t even know about it until we started construction <br />and it was brought up. <br /> <br />HEAUKULANI: Okay, well, again, we’re gonna be here all afternoon if the, if our questions <br />and answers aren’t connecting up. My question is did you have a copy of the permit itself at the <br />time when you decided to construct in the location that you did. <br /> <br />WATSON: Which permit? I have a Building Permit based on our application. <br /> <br />HEAUKULANI: I’m talking about Condition 11. <br /> <br />WATSON: Condition 11. No, I did not have any, any, any idea that even existed until the <br />Planning Department discovered it and brought it to our attention. Neither did the prior owner <br />that we purchased the property from. So, none of it was disclosed to any of us until after <br />construction had started and a permit was in place. Nothing was done until there was a permit in <br />place. And, at that time, sir, BJ had when she gave me the permit for the house, she was calling <br />that a side yard, not a, because it isn’t the ocean front, she called it a side yard and gave it a 20- <br />foot setback on my permit. The house is 19 feet from this supposed boundary line or 2002 <br />shoreline. <br /> <br />HEAUKULANI: I’m sorry, I’m still trying to get my head wrapped around the idea of <br />undertaking construction of this magnitude without ever having in your hands the Special <br />Management Area Use Permit No. 450. Is that, is that what was going on here? <br /> <br />WATSON: No one was aware of it. <br /> <br />15 <br />EXHIBIT E <br /> <br /> <br />