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<br />WHITTEMORE: It’s been approved? The preservation has? <br /> <br />TYLER: The preservation of those items is for that parcel, 67, is built in, and, yes, there is red <br />fencing. So there has been confusion between 54 and 67. I’m not speaking about 67; I’m speaking <br />about 54. And that’s the one that had most sensitive sites in addition to the burial that’s on, burial <br />complex on 67, and there are other burials. <br /> <br />WHITTEMORE: Okay. Is there any condition in the, all these conditions spelled out here, so I <br />understand clearly, 67 to trigger the occupancy they have to have the preservation plan in place for <br />54? <br /> <br />KAY: Not that I’m aware of, no. <br /> <br />WHITTEMORE: It’s not a condition. Okay, so that could, 54 could just remain as is now and 67 <br />continues to be developed without any conditions there. <br /> <br />KAY: Right. Really the only timing here is before any grading permit is granted or any mechanical <br />disturbance on 54, they need to get a preservation plan. <br /> <br />WHITTEMORE: Okay. <br /> <br />TYLER: And I thought it was the same for 67 that they couldn’t get anything until they preserve, <br />put preservation buffers up for 54, because otherwise what happened happen. In other words, the <br />bulldozer went down there to clean up. There was no demarcation there between 67 and 54. And <br />so the very essence of the law, J and K, to preserve the lower parcel and leave it, or have it rezoned <br />from Ag-1 to Open, failed; it didn’t happen because the left hand didn’t know what the right hand <br />was doing. And by the time I saw it nobody seemed to acknowledge that there was such a condition <br />that no mechanical disturbance could be there, including Public Works, who went out there and <br />said, no, they found no violation. But it’s clear. Anyway, thank you for the question. <br /> <br />BEAUDET: Commissioners, any more comments? <br /> <br />SHIMAOKA: Well, the question I have is that, are they any restrictions from having any <br />mechanical machinery on 54? <br /> <br />KAY: Yeah, there are restrictions --. <br /> <br />SHIMAOKA: According, when I read this, that’s what it says. And so you are in violation already <br />when you put any kind of mechanical equipment on 54. <br /> <br />BEAUDET: Yeah, so the violation is is that they went in prior to the formalization of the <br />preservation plan for Parcel 54. <br /> <br />KAY: Correct. <br /> <br />10 <br />EXHIBIT A <br /> <br />