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HEAUKULANI: Okay, I’m—there’s a document called Special Management Area Use Permit <br />No. 450. <br /> <br />WATSON: I understand that. <br /> <br />HEAUKULANI: All right. Did—are you saying that no one had a copy of it? <br /> <br />WATSON: No. <br /> <br />HEAUKULANI: You undertook this construction without ever physically seeing the permit <br />itself. <br /> <br />WATSON: Yes sir. <br /> <br />HEAUKULANI: All right— <br /> <br />WATSON: And the Planning Department issued a permit in the same respect. They didn’t <br />know about it either until further research. When it was brought to our attention, we stopped and <br />we continually been trying to work this out for the past 18 months since the permit, or since we <br />were issued a stop work order. <br /> <br />KANUHA: Mr. Chairman? <br /> <br />MIYASATO: Director. <br /> <br />KANUHA: Gary [sic], you know, I just had one follow up based on something you just said, <br />and I think you’re argument has you know kind of been—I’m trying to get past that in terms of <br />you know the shoreline is the shoreline. And, you’re basing this on a certified shoreline—what, <br />th <br />dated March 4 2010? <br /> <br />WATSON: Yes sir. <br /> <br />KANUHA: So, if you just said, you know, if you just stated that a shoreline survey is only good <br />for a year, and you are correct, it’s only good for a year, then did you make any of these <br />applications by March 4, 2011? <br /> <br />WATSON: Yes, yes sir. The application for consolidation and resubdivision was submitted in <br />2009. The Building Permit after that we applied for a—or excuse me, we had the surveyor come <br />out and shoot the shoreline, that BLNR came and inspected it a week later, determined that was <br />the new shoreline, sent us the map, the approved map. That established the setback from the <br />shoreline. Forty foot setback is, we agree with that, and always have. It’s just the line that they <br />want us to believe is the shoreline, and you saw from the pictures, that line, that pali as they’re <br />calling it, is actually a ramp that’s made by the Sugar Mill when they developed all of the <br />property, and they got everything on shore from that landing they created. So, that is not a sea <br />cliff. That is a man made ramp that they cut down and built a pier at the bottom of that is in all <br />16 <br />EXHIBIT E <br /> <br /> <br />