STATE OF HAWAII

o

LINDA LINGLE GOVERNOR OF HAWAII

Mr. Lance Dunbar Kainalu Ranch HC-Ol Box 901 Kaunakakai, HI 96748

Dear Mr. Dunbar:

o

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES .

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

October 12,2006

Applicability of Water Use Permit #222 for Pue1e1u-Kainalu Ranch Well (Well No. 0546-02)

PETER T. YOUNG CHAIRPERSON

MEREDITH J. CHING • JAMES A. FRAiII!iR· NEAL S. FUJIWARA.

CHIYOME'L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D.

STEPHANIE A. WHALEN

DEAN A. NAKANO ACTING DEPUTY DIRECTOR

Thank you for your inquiry concerning uses of the captioned water use permit (issued June 28, 1994). The application for the permit indicates proposed domestic use as well as the irrigation uses that predominate, while the letter announcing approval of your permit states "Your use of the Pue1elu We1l...is limited to the irrigation uses described above" ("133 acres of pasture and 85 acres of various agricultural crops").

Please be advised that individual domestic use is exempted from water use permits, so that it was not mentioned in your approval letter. This means that a single individual domestic use allowed under your agriculture zoning may be served under this water use permit.

If, however, the use changes - the property is subdivided or changed to a different zoning, resulting in multiple domestic uses on your existing agricultural parcel -- you would need to apply to modify your water use permit prior to such new use.

If you have any questions, please contact Charley Ice of our staff at (808) 587-0251 or toll free from Molokai at 1-800-468-4644, extension 70251.

CI:ss

Sincerely,

w.f7h ~

DEAN A. NAKANO Acting Deputy Director

Q State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT Deparbnent of Land and Natural Resources

FAX: Transmitting l pages, including this one; call 587-0251 with any reception problems.

TO: [Ct;f OvtAl\-~ Date: JCRIo OD

N~-r:~ FROM: ____ ~------~~~------------

T~~~ 1Lu ~,*~ \N1~ r\~t (~~ O~ {owl

WOv~ U~ p~+.

Return Fax: 587-0219 Return Post: P.O.Box 621, Honolulu 96809

----------------______ ' 'ItiloItll'llltlt' >'I!'~'

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BENJAMIN J. CAYETANO GOVERNOR OF HAWAlI

MICHAEL D. WILSON CHAIRPERSON

{

Mr. Lance Dunbar Kainalu Ranch

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P. O. BOX 621

HONOLUlU, HAWAII 96809

FEB '8 1997

Star Route Box 320 Kaunakakai, Hawaii 96748

Dear Mr. Dunbar:

Extension of Water Use Pennit

ROBERT G. GIRALD DAVID A. NOBRIGA

LAWRENCE H. MilKE RICHARD H. COX

HERBERT M. RICHARDS. ~~

RAE M. lOUI. P.E. OEP\ITY

In response to your request of February 4, 1997 to extend t~~ ,Water Use Pennit approved June 2, 1994, the Commission would not be anticipating taking action to revoke until four years of non-use. Placing your request on file records your intent to stay current with the existing pennit.

Approval of the Water Use Pennit required application for well modification and pump installation and the normal aquifer pump tests prior to work on the well and use of the water. These applications have not yet been filed; a form is enclosed for your use. We are also enclosing a copy of both the well completion report form and the pump test procedures, for your information.

If you have any questions, please call Charley Ice at 587-0251, or toll-free at 1-800-468-4644, extension 70251.

CI:ss Enclosures

Sincerely,

RAE M. LOUI Deputy Director

----------------- ,,---,,!'"'--

.'

JOHNWAIHEE

OOVEANOII OF HAWAII

Mr. William Dunbar Kainalu Ranch

o Q


COMMISSION ON WATER RESOURCE MANAGEMENT

P.O.aoX621

HONOLUlU. HAWAII lI68OII

JUN 28 1994

P.O. Box 320 Kaunakakai, HI 96748

Dear Mr. Dunbar:

Approval of Interim Water Use Permit Puelelu Well (Well No. 0546-02)

Waialua Ground Water Management Area, Molokai

KEITH W. AHUE

CHAIRPEASOH

JOHN C. LEWIN. M.D. ROBERT S. NAKATA

J. DOUGLAS lNG, ESQ. RICHARD H. COX, P.E.

ROBERT G. GIRALD

RAE M. LOUI, P.E. DEPUTY

On June 2, 1994, the Commission on Water Resource Management (Commission) approved your application for a future use of the Puelelu Well (Well No. 0546-02) to irrigate 133 acres of pasture and 85 acres of various agricultural crops.

Your use of the Puelelu Well may not exceed 202,000 gallons per day, on a 12-month moving average basis, and is limited to the irrigation uses described above. Should any impacts on streamflow result from your use of this well, a petition to amend the interim instream flow standards must be submitted to the Commission. Should any stream dewatering result, you must cease pumping immediately and notify the Commission

Please be aware that, prior to beginning any work required to complete the well construction, you must submit well modification and pump installation permit applications for administrative approval by the Chairperson. The permit document requires the approval and signature of the Attorney General and will be issued to you once this process is complete.

Please be sure to read the attached conditions of your interim water use permit. You are required to keep monthly records of your pumpage and to submit this infonnation to the Commission once a month and you must do so on the enclosed water use report fonn. You should make copies of the enclosed report fonn as needed.

In addition, you are required to submit a water shortage plan to the Commission. Your water shortage plan should briefly describe what you are willing to do should the Commission declare a water shortage situation in the Waialua Ground Water Management Area and can be as short as a one page letter. In a water shortage situation, the

Mr. William Dunbar Page 2

o o JUN 28 1994

Commission may require temporary reductions in pump age from all sources. The Commission is required, by law, to formulate a plan to implement such area-wide reductions, which should accommodate, include, and be consistent with your plans. Therefore, your input is necessary for the formulation of the Commission's overall Water Shortage Plan.

LN:ko Attach.

If you have any questions, please contact Lenore Nakama at 587-0218.

Sincerely,

Deputy Director

"

JOHNWAIHEE 00YPM:)fI Of"_

JOHN C. LEWIN. M.D ROIIERT S. NAKATA



J. DOUGlAS ING. ESO. RICHARD H. COX, P.E.

ROBERT G. GIRAlO

. P.O. BOX 621

HONOUJl.U. HAWAII _

RA.E .... LOU', P.E.

Mr. William Dunbar Kainalu Ranch P.O. Box 320 Kaunakakai, HI 96748

Dear Mr. Dunbar:

JJN 28 1994

Approval of Interim Water Use Permit Puelelu well (Well No. 0546-02)

Waialua Ground Water Management Area. Molokai

On June 2, 1994, the Commission on Water Resource Management (Commission) approved your application for a future use of the Puelelu Well (Well No. 0546-(2) to irrigate 133 acres.of pasture and 85 acres of various agricultural crops.

DEI'UTY

Your use of the Puelelu Well may not exceed 202,000 gallons per day, on a 12-month moving average basis, and is limited to the irrigation uses descn'bed above. Should any impacts on streamflow result from your use of this well, a petition to amend the interim instream flow standards must be submitted to the Commission. Should any stream dewatering result, you must cease pumping inunediately and notify the Commission


Please be sure to read the attached conditions of your interim water use permit. You are required to keep monthly records of your pumpage and to submit this information to the Commission once a month and you must do so on the enclosed water use report form. You should make copies of the enclosed report form as needed.

In addition, you are required to submit a water shortage plan to the Commission. Your water shortage plan should briefly describe what you are willing to do should the Commission declare a water shortage situation in the Waialua Ground Water Management Area and can be as short as a one page letter. In a water shortage situation, the Commission may require temporary reductions in pump age from all sources. The Commission is required, by law, to formulate a plan to implement such area-wide reductions, which should accommodate, include, and be consistent with your plans. Therefore, your input is necessary for the formulation of the Commission's overall Water Shortage Plan.


Sincerely,

Deputy Director I.N·len

Chairperson and Members Commission on Water Resource Management June 2, 1994

ITEM 4

ITEM 5

ITEM 6

ITEM 7

ITEMS

ITEM 9

U.S. GEOLOGICAL SURVEY. APPLICATION FOR A WELL CONSTRUCTION PERMIT. WAIAKEA TANK 7 EXPLORATORY WElJL WELL NO. 3907-01. WAIAKEA, HAWAII

Unanimously approved (Cox/Nakata).

HONOLULU BOARD OF WATER SUPPLY. APPLICATION FOR A WELL CONSTRUCTION PERMIT. KAIJHI UKA m EXPLORATORY WELL <WELL NO. 2250-03), KAIJHI, OAHU

Unanimously approved (Nakata/Cox).

HONOLULU BOARD OF WATER SUPPLY, APPLICATION FOR A WElJ. CONSTRUCTION PERMIT. KAIJHI UKA m EXPLORATORY WELL CWELL NO. 2348-06). KANEOHE. OAHU

Unanimously approved (lng/Cox).

KAlNALU RANCH. APPLICATION FOR A WATER USE PERMIT. PUELELU WELL <WELL NO. 0546-(2). WAIALUA GROUND WATER MANAGEMENT AREA. MOLOKAI

Mr. Cox noted that in Table 1, the available allocation should be 7.9998 instead of 8.000.

Ms. Nakama amended "Recommendation bIt by deleting the second sentence so that the recommendation reads as follows:

"Should any impacts on streamflow result from the use of the well, a petition to amend the interim instream flow standards shall be submitted to the Commission. [The applicant may continue this use of water, within the limits approved by the Commission, until such time that the Commission has acted on the filed petition.]"

Unanimously approved as amended (Cox/Nakata).

LOKAHI PACIFIC. APPLICATIO~ FOR STREAM OIANNEL ALTERATION PERMIT. STREAM DIVERSION WORKS ALTERATION PERMIT AND AMENDMENT TO INTERIM INSTREAM FLOW STANDARDS. AUWAl DIVERSION RESTORATION, KAHAKULOA STREAM. KAHAKULOA. MAUl

unanimously approved (Cox/Nakata).

KUKUI MOLOKAL INC. PIPELINE DECLARATORY RULING IJEOUEST FOR A CONTESTED CASE HEARING =~==~==~=~-.. Chairperson Ahue stated that he received a request for deferral. Before considering the request for deferral,. Chairperson Ahue asked Mr. Tam to provide infonnation from the Attorney General's office relative to the issue before the Commission and the merits of pursuing the issue further (by the requestors) •

·2·

,;-" •.. -

o o State of Hawaii

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

Honolulu, Hawaii

June 2, 1994

Chairperson and Members Commission on Water Resource Management State of Hawaii Honolulu, Hawaii

Gentlemen:

Applicant:

Kainalu Ranch Star Route Box 320 Kaunakakai, HI 96748

Background

Kainalu Ranch Application for a Water Use Permit

PueleluWell (Well No. 0546-02) Waialua Ground Water Management Area. Molokai

Landowner:

Same

The applicant submitted a completed water use permit application to the Commission on June 9, 1993. On September 15, 1993, the Commission determined that the plans for the proposed agricultural land development and future irrigation use were unclear and that additional information would be required to support the applicatipn. lAt the request of the applicant, action was deferred on September 15, 1993 and November 17, 1993.')On February 15, 1994, the applicant submitted his agricultural plan. ~pecific information regarding the source, use, notification, objections, and field investigation(s) are described in Attachment A and the attached exhibits]

Analysis & Issues

This application is for a future use of fresh water from an incomplete drilled well in the Waialua Aquifer System. Construction of the well was halted in 1989, and the two-year permit to construct has since been revoked. The applicant is aware that permits will be required to modify the well and install a pump and is in receipt of the appropriate application forms. [Although the application indicates that fresh water will be used, it is highly likely that marginally brackish to brackish water will be developed in the well~

The water will be used for irrigation of 133 acres of pasture and 85 acres of various fruits, flowers, and trees. Based on the proposed farming plans, the U.S. Soil Conservation Service (SCS) has estimated the irrigation requirement is about 202,000 gallons per day (gpd). The SCS is working with the applicant to develop a conservation plan and implement appropriate conservation practices. Prior to installation of the planned practices, the SCS requires that all necessary permits be obtained. Work is expected to start once this process is complete.

By the following analysis, staff finds that this proposed use meets each of the seven (7) criteria set forth in HRS 174C-49(a) Conditions for a permit:

(1) Water availability - The estimated sustainable yield of the Waialua Aquifer System is 8 mgd. Virtually all of this remains available at this time. There are no other pending permit applications for this aquifer, and there are no existing or planned state or county water development projects. To date, only one permit has been

ITEM 7

o o Chairperson and Members Commission on Water Resource Management June 2, 1994

(2)

(3)

(4)

(5)

(6)

(7)

granted for 215 gallons per day. From Table 1, there appears to be sufficient water available to meet the applicant's water needs.

TABLE 1.

Ouantity Waialua Aquifer !mgQl System

8.0000 Sustainable Yield

-0.0002 Existing Allocation

0.0000 Other Pending Applications

8.0000 A vailal2l~ AII~atiQn

Reasonable-beneficial - The SCS has estimated the irrigation requirement for the 85 acres of citrus, pumpkin, flowers, and trees is about 127,000 gpd. This figure is based on average monthly crop consumptive use, pan evaporation, soil type, and moisture extraction depths. An additional 75,000 gpd will be needed for supplemental sprinkler irrigation for the 133-acre pasture. Because the conservation measures are expected to result in greater efficiency, these estimates are much lower than the Oahu Water Requirements Forecast and the county consumption guidelines would suggest.

Interference with other existing legal uses - The Division of Aquatic Resources has commented that the Waialua and Honomuni Streams provide important habitat for native amphidromous biota in their upper reaches. The Waialua Stream is roughly 3/4 miles to the east of the proposed well site, and the Honomuni Stream is about a mile to the west. However, given the proximity of the well to the ocean (Exhibit 1), it is unlikely that these stream~will be impacted by the proposed withdrawal at the well site. If any effect on streamflows result, a petition to amend the interim instream flow standard for the affected stream must be submitted. Should any dewatering occur due to the use of the well, pumping should cease immediately.

Public interest - Use of water for agricultural purposes is considered to be in the public interest.

State & county general plans and land use designations - This proposed use has been shown to be consistent with the state and county general plans and land use designations. No objections to this application were raised following review of this application by other divisions of the State Dept. of Land and Natural Resources and the County of Maui Dept. of Planning, Dept. of Water Supply, and Office of the Mayor.

County land use plans and policies - This proposed use has been shown to be consistent with county land use plans and policies. No objections to this application were raised by the Office of the Mayor, County of MauL

Interference with Hawaiian home lands rights - There are no homestead lands within or near the boundaries of the Waialua Aquifer System. The Dept. of Hawaiian Home Lands (DHHL) and the Office of Hawaiian Affairs have reviewed this application. No comments or objections have been raised.

The Final Report of the Molokai Working Group did not provide any specific recommendations for the Waialua Aquifer System. However, the following guidelines

2


were established for the Southeast Sector, which encompasses the Waialua Aquifer:

1. Limit ground water withdrawal to 50% of its developable yield subject to verification of existing users and water use permits.

2. Any withdrawals from this Sector should not diminish water supplies and supply availability for traditional uses, including taro patches and fishponds.

3. Development of additional water from the Southeast Aquifer Sector should be reserved first for residences of this Sector who are not yet served.

Currently, existing permits for the Southeast Sector show a total allocation of 0.51 mgd, or about 2 % of the Sector's estimated sustainable yield of 24 mgd. There are no fishponds or large-scale taro cultivation in the vicinity. Further, this use of water is

:if consistent with a general recommendation of the Working Group that " ... agriculture will continue to be the economic and cultural 'heart' of Molokai". Staff finds that the proposed use does not appear to violate any of the recommendations made by the Molokai Working Group.

RECOMMENDATION

Attach.

Staff recommends:

That the Commission approve the issuance of an interim water use permit to Kainalu Ranch for the reasonable and beneficial use of 202,000 gallons per day of fresh water from the Puelelu Well (Well No. 0546-02) for agricultural irrigation use on 85 acres and for irrigation of a 133-acre pasture, subject to the standard water use permit conditions listed in Attachment B and the following special conditions:

c.

The applicant shall submit well modification and pump installation permit applications for administrative approval by the Ch-airperson, prior to beginning any work required to complete the well construction.

Should any impacts on streamflow result from the use of the well, a petition to amend the interim instream flow standards shall be submitted to the Commission.

fThe applicant may continue this use of water, within the limits approved by th~ lSommission, until such time that the Commission has acted on the filed petitiol!1

Should any stream dewatering result from the use of the well, pumping shall cease immediately.

Respectfully submitted,

Deputy Director

APPROVED FOR SUBMITTAL:

6±H~~f!:: 3


WATER USE PERMIT DETAILED INFORMATION

Source Information

AQUIFER: Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending allocations:

WELL: Location: Year Drilled: Casing Diameter:

Elevations (msl= 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:

Total Depth: Grouted Annulus Depth:

Pump Capacity

Told Depth

Use Information

~

I I I

-

I I

r-

Waialua System, Southeast Sector, Molokai 8.000 mgd

<0.001 mgd -8.000 mgd

o mgd

Puelelu Well (Well No. 0546-02) Kainalu Ranch, Molokai, TMK:5-7-3:62

before 1982 10 in.

NA ft. 450 ft. -10 ft.

-NA ft. -20 ft.

470 ft. NA ft.

NAgpm

-~ ound

• , ouled 0IIWs_.

.. we ler Ienl

hn t. sold casilg

hO I. perl. casilg

hO I. open hole

Quantity Requested: 202,000 gallons per day. Proposed Type of Water Use: Agricultural Irrigation of 85 acres and irrigation of

133-acre pasture Place of Water Use: Kainalu Ranch, Molokai at TMK: 5-7-3:62

Reported Water Usage: Nearby Similar Water Usage: Waialua Aquifer System Current 12-Month Moving Average Withdrawal:

ATTACHMENT A

NA gpd NA gpd

NA gpd


Nearby Surrounding Wells and Other Registered Ground Water Use

There are three other wells within a mile of the well (Exhibit 1). Only one of these wells is currently in use. Information from the registration program indicates there are possibly eight existing wells in the Waialua Aquifer System. However, no estimate of existing withdrawals from the Waialua Aquifer System is provided in the 1992 Draft of the Maui Water Use and Development Plan, Island of Molokai or the Final Report of the Molokai Working Group.

Public Notice

In accordance with HAR § 13-171-17, a public notice was published in the StarBulletin on July 9 & 16, 1993 and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources & Historic Preservation Divisions of the Department of Land and Natural Resources, and other interested parties for comments. Written comments and objections to the proposed permit were to be submitted to the Commission by July 30, 1993.

Objections

The public notice specifies that an objector meet the following requirements: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection letter(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by July 30, 1993. No objections were filed with the Commission.

Briefs in Support

Responses to objections, or briefs in support, regarding the application are required to be filed with the Commission ten (10) days after an objection is filed and, presumably, copies are served to the applicant. No briefs in support were filed with the Commission.

Field Investigation

The water source and existing use was investigated on November 20, 1992. The investigation verified the applicants request for water use permit.

ATTACHMENT A

" . o o Chairperson and Members Commission on Water Resource Management June 2, 1994

STANDARD WATER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachments. Reasonable-beneficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." (HAR §13-171-2).

2. The right to use ground water is a shared use right.

3. The water use must at all times meet the requirements set forth in HAR §13-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consistent with county land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home Lands as

provided in section 221 of the Hawaiian Homes Commission Act and 174C-10I(a), HRS.

4. The ground water use approved must not interfere with surface or ground water rights or reservations.

5. The ground water use approved must not interfere with interim or permanent instream flow standards or policies as determined by the Commission. If it does, then:

a. A separate water use permit for surface water must be obtained in the case an area is also designated as a surface water management area;

b. The interim or permanent instream flow standard, as applicable, must be amended.

6. The water use permit is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and staff submittal approved by the Commission at its June 2, 1994 meeting are incorporated into the permit by reference.

8. Any modification of the permit terms, conditions, or uses can only be made with the express written consent of the Commission on Water Resource Management.

9. The water use permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect water sources in quantity, quality, or both; b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as of

June 1987, shall be protected; f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or g. Carry out such other necessary and proper exercise of the State's and the

A IT ACHMENT B


Commissions's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard.

10. If the ground water source does not presently exist, the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twenty-four (24) months from the date the water use permit is approved.

11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a monthly basis in accordance the Commission's September 16, 1992 action on reporting requirements;

12. The water use permit shall be subject to the Commission's periodic review of the applicable aquifer's sustainable yield. The amount of ground water use authorized by the permit may be reduced by the Commission if the sustainable yield of the Waialua Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR § 13-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR § 13-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

14. The use(s) authorized by law and by the water use permit do not constitute ownership rights.

15. The permittee shall comply with all applicable laws, rules, ordinances, and other agencies' permits and conditions pertaining to water use or- the water resource.

16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance of the permit to assist the Commission in fulfilling HAR § 13-171-42( c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Waialua Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, pursuant to HAR § 13-171-21. The final determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.

18. The water use permit shall be issued only after AG review.

19. The water use permit shall be subject to the Commission's establishment of instream standards and policies to Stream Protection and Management (SPAM), as well as legislative mandates to protect stream resources.

ATTACHMENT B

) (

10' ! I r

J __ _

II

".I ,1 .. ,1 "'1''1,1,

' .. I "'I""'"

.. III /

/ n :j.

o ... ~ o

SQ' P

KAlutlCOI .. 40101

I'YHAKOU - 40102 .. ......

KUALAPUU - 40Z0]

HOOLEHUA ... 40201

MAUNAWAINlA .. 40202

. KALAUPAPA .. 4040t

KAHANUI .. 4011102

wAnCOLU .. 40403

I IlAPU(" 040303

K ... W(l. ..... 410302

,&MILO,-O" .. 40101

HYDROLOGIC UNITS - ISLAND OF MOLOKAI

oq 4

Exhibit 1

I.

45

WAIALUA - 40104

PROJECT AREA

Molokai

\,

1-.

'3.

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-------- .-.

~vA ~~~ ~-\a'u~wA Lh AJ O~\"h ~~~~ ~1)~ ~~s QVL, ~\tt~ ~D~ e, ~~ C~(Q~·LR..;

JOHNWAIHEE OOVERNOR OF' HAWAII

o o



P.O. BOX'521


MAY 21 1994

Mr. William B. Dunbar Kainalu Ranch Star Route Box 320 Kaunakakai, HI 96748

Dear Mr. Dunbar:

/ Commission Submittal for your Water Use Permit


KEITH W. AHUE CHAIRPeRSON

JOHN C. LEWIN, M.D. ROBERT S. NAKATA

J. DOUGLAS lNG, ESO. RICHARD H. COX, P.E.

ROBERT G. GIRALD


The Commission on Water Resource Management will be acting on your water use permit application for your Puelelu Well (Well No, 0546-02) at its June 2, 1994 meeting at ~a.m. in the Mitchell Pauole Center, Molokai.

A copy of the submittal for action on your water use application is enclosed for your information and review. You may wish to attend the meeting in case the Commissioners have questions regarding your application. Otherwise, we will notify you of the Commission's decision soon thereafter.

LN:fc

Attach.


Sincerely,

~~ lAEM. WUI Deputy Director

· ._'"" 04/12/94 11:14 '5'808 567 9062 USDA SCS

o o

No. of Pages, i'ransnd ttal. Shtt -t- ~.~

To:~~~&o~O~~ ________ D~L~N~~ ______ ~ ______ _ 52" ~ .:-O'd;-It1

From: USDA Soil C()nservation service (Ml.a\ FO) P.o. Box 396, Hoolehua, HI 967~9

Phone;

DSS1\.GE:

"

(808) 567-6868 FAX !5tH-9062

~OOl

11: 15 '0'808 567 9062 USDA 5CS fiZJ 003

o o PRODUCER'S CERTnlCATION:

STATUS OFPERMlTS

N&ne: _____________________________________ _

OPID: _________ TMK: _. ~ ____ _

Loom~ ____ ~--------------------------~. Descrlptton of work to be perfonned:

---.--------------------------

I UNDERSTAND THA.T r AM RESPONSIBLE FOR OBTAINING AlL NECESSARY PERMITS FOR. THE PLANNED WORK. I CERTIFY THAT r HAVE CONTACTED THE AGENCIES RESPONSIBI..E FOR ISSUlNG TEE l-i"ECESSARY PERMITS AND:

__ AIL TIm AGENCIES :ErA VB INDICATED THAT'PERMITS ARE ~OT REQUIRED ~ TO COv'ER T.HB PLANNED WORK ON TijB PARCEL IDENIlFIED A.ND NO

FURTHER ACTION IS REQUIRED.

OR

__ ONE OR MORE PERM...lTS ARE REQUIRED AND 1 HAVE ATtACHED COPIES ,)P ALL THE APPROVED PERMITS REQUIRED OR AGREE TO J?ROVIDE THE son.. CONSERVATION SERVICE WITH COPIES PRIOR TO STARTING WORK.

Signature

Date

IklUtulhl:;: 1.0 th~ Soil CoDSCtY~ ~i¢",;

to be. fI<ld ill ~ cast: fiJc.

-.:,*.4/12194 7----

11:14

./' UNITED STAXES DEP.A.R.1'MENT OF A<m.ICDLTURE

'6'808 567 9062 ·-TiSIlASCS-----.----

o 0 SOIl.. CONSEQ.VATION SERVICE

~002

We would li.ke toW"Q:cII )"Qu th4Lt the cawoerva.tion t:reaOlteut:s or pra.C'C1.ces you have plarmed may 1;e~e one 01; jJ.Ql;e peJ;:m.i ts . Beca.use ot dlis. you may be required 1;0 abeam" pem.1t:.s from one or more gove?:llm.eut: age.nc:f.es ptior -co lnst:a111ug tltose practices. 11lo::der tor us t:o prOV1.c1e you. technical assis.-cance with these llleasm:e.s. 'W'e 'Would like you to obtain .m.y necessary permits.

J:)epe-uding on. the-type. and magnitude of the wo-rk plamled. there are several different: permits that llIB-y be ret}uired+ TBP:SE PnlITrS VOULD BE NEEDED BR~pU YOu CAN START VORK. You should c.ontac.t the following a.gencies to s~e. wha:\: is required:

The Corps of Engj~eers is respo~sible. for issuing several different national pe:rmit:s for cischa.'r'ges of fill into ·streams, wetlands> and ot:her waters of the United St".ates_

u.,S$ Army Corps of En2iueer5 Operations Dlvisi.on Building 230 F'ort Shafter, Hawaii 96858 Phone: 438-9258

Thill Hawa.ii DepaJ:tIl1e-nt of" Hea.lth :ts l:6spon=lible for u~ng theQ"i!!.t.I!:~ Quallcy Cert:i.£!.cati..on and the N~ti.on41 Pc-llutant:: Ouchara-e: EliminZltion Syst:e::ll (N.EDES) permico YAter Quality Ccr~ification is naeded whenever a fede~al pe~c. llke the Section 4·04 pe.rmit> is required.

Hawaii Department oCHeatth Oean Watet" Branch Five 'Vaterfront Plaza, Suite 250 500 Ala Moana Boulevard Honolulu, Hawali 96813 Phone: 586-4309

-!he DLNR-Commission on Yater Reso~ces Management is responsibla for iSSuing the Stream .. Htara-cion an.d Stres.m. Div~rsion perndts .. These permits m.ay bet"e:quir~d even if a. Corps of Enginee.rs's permit: is not require4.

Hawaii Department of Land and Natural Resonn.-es Commission on '\-Vater Resources Management 1151 Punchbowl Street~ Room 227 Honolulu~ Hawaii 96809 Phone: 587-0249

A Sp~cial Managament Area pe~t may be 4~q~ir~d if the pl~ea work is in the Spec~al Hanage~t A~~a. ~his p~rmit$ mos~ly a.ff~cte work ncar the coastal areas and is tied to Coastal Zone. Management program requirements. E.ach county :l.S

re~pon3~ble£or i~suino thi$ permit.

Contact the County Planning Department foJ:' mere information.

FEB 15 '94 13:11 BANK OF HAWAII K'KAI 41 ~

UNITED STATES DEPAR'l'KlINT OJ' ACRICULTURI

'w'

'.bruary SI, 1094

t.anoe "ltip" Dunbar stal:' Route ~aunakakai, HI 96748

Dear Kip.

SOIL eON s BRVATI ON SIRVICI

li'. O. BOX ~HUi HOOLIHUA., HI Q&729

You have requeated information regardin9 water needs fer your planned a9rioul~ural pursuits. W. are unable to a4dro •• 4om •• tio noeda; however the followinq tiqure • •• timate irrigation water neede to .~it your proposed tarm1ng plana.

~ A.raM Citrus 26 Aqrotorestry '2 Plowers 5 pumpkin -1

Total 85

Ga1/d1Y Ne.4d

40,000 (Sa,ooo 20,000 ,.000

127,000

These figurel are baled on average monthly grop consumptive us., pan evaporation, 1011 typa, an4 moisture extraction depth.. Rainfall informat1on hal not ~.an tactorea into these f1qure8. we have no informat1on reqar4ing your well·. sustainable yield.

YOU requ.sted a limilar estimate for supplemental spr1nkler (water qun) irriqation for 133 aore. ot palture. Because supplemental irrigation needs varY baled on daily weather conditions during the "dry aeason", quantifying specific needs i. vary difficUlt. It i.sate to lay, that an additional 75,000 qallona/day s.e.s reasonable. I have conferred with ses Enqineer, Jame. LUD, regarding the •• tiqur •••

A. we oontinue developinq your conlervation plan, adjustments to field layout may be needed 1n order to meet SCB planninqcriteria. Conservation practices such as oontour orchard plantin;, cover crop. irriqation management, reduced planting, denlitie., etc. may be needed.

yours,

(\ Q..c:':"" \.. ___ "') t\~ '-><--.:1"_ ~,~\,\, .. ~ $ :-",a..c ;t-e...>

Pamala A. Milla-Packo District Conaarvationist

ROLL CALL

o

MINUTES

FOR THE MEETING OF THE COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: TIME: PlACE:

November 17, 1993 1:30 p.m. Mitchell Pauole Center Conference Room Kaunakakai, Molokai, Hawaii

Chairperson Ahue called the meeting of the Commission on Water Resource Management to order at 1:35 p.rn.

The following were in attendance:

MEMBERS: Mr. Keith Ahue Mr. Richard Cox Mr. Guy Fujimura Mr. J. Douglas Ing Mr. Robert Nakata Dr. John Lewin

STAFF: Ms. Rae Loui Mr. Edwin Sakoda Mr. Roy Hardy Ms. Lenore Nakama Ms. Sharon Kokubun

OTHERS:

Weymouth Kamakana Pearl Petro John Urauchi Eugene Gerguson Sarah Sykes Michael Ribao Mark/Becky Yuen Wilma Grambusch Dave Martin

DeGray Vanderbilt RachaelKamakana Greg Helm-Peter Eichhorn Myrle Florea Noelani Joy Colette Machado Michael Foulkes Barry Ching

All written testimonies submitted at the meeting are filed in the Commission office and are available fore review by interested parties. Some items were taken out of sequence to accommodate requests by applicants or interested parties.

ITEM 1

ITEM 2

MINUTES OF THE OCTOBER 13 AND 2Z 1993 MEETINGS

Unanimously accepted with the correction of the dates on the header pages for the minutes of October 13, 1993 (Cox/Nakata).

AMENDMENT TO CHAPTER 13·171 HAWAII ADMINISTRATIVE RULES (HARl. ADDING A NEW SECI10N 13·171·63. DEPARTMENT OF HAWAIIAN HOME LANDS RESERVATION FOR KUALAPuu:. MOLOKAI>

Ms. Loui explained that the proposed rule was amended to address concerns raised at the public hearing held on October 13, 1993. Therefore, the rule reads more directly that the Commission hereby reserves .905 mgd from the Kualapuu Aquifer for use on Hawaiian Home Lands on Molokai.

IT~ 2

AGENDA 1

\ ' o o Chairperson and Members Commission on Water Resource Management November 17, 1993

ITEM 6

ITEM 3

ITEM 4

Mr. Dave Martin of the Native Hawaiian Advisory Council submitted concerns (see Commission files) but stated they would not contest the issue.


APPLICATIONS FOR WATER USE AND WELL CONSTRUCDONI PUMP INSTALLATION PERMITS. UALAPUE GROUND WATER MANAGEMENT AREA, MOWKAI

1. John N. Urauchi, Well No. 0352-12


2. Ellen M. Osborne, Well No. 0448-01

Mr. Nakata asked if the concerns of Historic Preservation were addressed. The investigation was satisfactory and Historic Preservation had no objections to Mrs. Osborne's water use permit request.


3) Pearl Friel Petro, Well No. 0549-01


DEFERRAL OF WATER USE PERMIT APPLICATIONS, MQWKAI GROUND WATER MANAGEMENT AREAS

1. Wilma Kamakana Grambusch, Well Nos. 0352-17, 0456-01, & 18 to 20

Unanimously approved for deferral (Fujimura/Cox).

2. Kainalu Ranch, Well No. 0546-02

Unanimously approved for deferral (Fujimura/Cox).

3. Zelie Duvauchelle, Well No. 0448-08

Ms. Collete Machado was concerned because they relied on the water that drains from the Duvauchelle property. Mr. Hardy explained that further field investigation is necessary before any decision can be made on the application. Ms. Machado said she would discuss the matter with Mr. Hardy after the meeting.

Unanimously approved for deferral (Fujimura/Cox).D

HALE MAHAOLU APPLICATION FOR A WATER USE PERMIT. HOME PVMEHANA WELL <WELL NO. 0501-06), KAMILOLOA GROUND WATER MANAGEMENT AREA. MOLOKAI


- 2 -

\ . o o Chairperson and Members Commission on Water Resource Management November 17, 1993

ITEM 5

ITEM 7

ITEMS

WATER USE APPLICATIONS. MANAWAINUI GROUND WATER MANAGEMENT AREA. MOLOKAI

Mr. Cox asked for cOlnments on testimony submitted by Mr. Martin on their concerns of how the numbers were developed and if the short growing season was taken into consideration. Mr. Hardy explained that by using a 12-month moving average, that is taken into consideration.

Mrs. Wilma Grambusch stated her objections to the permit applications because withdrawals of brackish or potable water would have an affect on the Kalamaula Homestead lands. She felt there was not enough monitoring information and that the eco-balance on the south shore water would be threatened.

Mr. Mike Ribao of Maui Electric commented on the recommendations of staff.

Mr. Cox asked if the requests were for existing uses only and if staff did consider the use of brackish water. Mr. Hardy replied that except for Application 5 which was for a future use, all requests were for existing uses. In regards to the brackish water, if it is from the aquifer system, it is deducted from the sustainable yield.

1. Hawaiian Research Ltd., Well No. 0603-01

Unanimously approved the water use permit as recommended by staff (Nakata/Cox).

2. Maui Electric Company, Ltd., Molokai Division, Well No. 0603-07


3. Maui Electric Company, Ltd., Molokai Division, Well No. 0604-03


4. Maui Electric Company, Ltd., Molokai Division, Well Nos. 0603-06 and 0604-04 & 05 .

Unanimously approved to deny without prejudice the water use permit as recommended by staff (Nakata/Cox) .

.. .

5. Molokai Ranch Ltd., Well No. 0706-02


HONOLULU BOARD OF WATER SuppLY APPLICATION FOR PUMP INSTALLATION PERMITS. MIULANI WELLS 9 & 10 <WELL NOS. 2858-01 & 02>, PEARL HARBOR, OAHU


HONOLULU BOARD OF WATER SUPPLY APPYCATION FOR WELL CONSTRucnON/PUMP INSTALLATION PERMITS. WAIPAHU III WELLS ewELL NOS. 2459·26 TO 30) PEARL HARBOR. OAHU


- 3 -

~ .. ' \ .. o o Chairperson and Members Commission on Water Resource Management November 17, 1993

ITEM 9

ITEM 10

ITEM 11

HONOLULU BOARD OF WATER SupPLY APPLICATION FOR WELL CONSTRUCfIONIPUMP INSTALLATION PERMITS. WAIAWA 575-FT. WELLS 1 & 2 <WELL NOS. 2658-03 & 2659-04). PEARL HARBOR. OAHU


HONOLULU BOARD OF WATER SupPLY APPLICATION FOR WELL CONSTRUCfION/PUMP INSTALLATION PERMITS. WAIAWA 765-FT. WELLS 1 & 2 <WELL NOS. 2658..Q4 & OS>. PEARL HARBOR. OAHU


The Board of Water Supply applications (Items 7 to 10) were heard, discussed, and acted on together.

Mr. Ing asked how staff would know if the Board was drawing more water than what is bein~ requested. Mr. Sakoda replied that monthly pumping records are submItted and reviewed.

OTHER BUSINESS

24-Inch pipeline bein& installed by Kukui-Molokai

Ms. Sarah Sykes expressed her concern that the construction and grading work done by the Molokai Ranch is too close to and may degrade the drinking water wells and that further evaluation such as an EIS is needed.

Chairperson Ahue stated that the issue of an environmental assessment and EIS is currently being reviewed by DLNR staff but is a Board of Land and Natural Resources issue, not a Water Commission issue.

Mr. DeGray Vanderbilt also testified that an BIS should be done.

ADJOURNMENT The meeting was adjourned at 2:37 p.rn.


SHARON S. KOKUBUN, Secretary

APPROVED AS SUBMITIED:

M. LOUI, Deputy Director

- 4 -

o o State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES Commission on Water Resource Management

Honolulu, Hawaii

November 17, 1993


Gentlemen:

Deferral of Water Use Permit Applications Molokai Ground Water Mana~ement Areas

AQQlicants:

Well Nos. 0352-17,0456-01 & 18 to 20 Wilma Kamakana Grambusch P.O. Box 614 Kaunakakai, HI 96748

Well No. 0546-02 Kainalu Ranch Star Route Box 320 Kaunakakai, Hi 96748

Well No. 0448-08 Zelie Duvauchelle P.O. Box 98 Kaunakakai, Hi 96748

Background

Landowner:

Same

Same

Same

The Commission designated Windward Oahu and the island of Molokai with their corresponding aquifer systems as ground water management areas on May 5 & 13, 1992, respectively. All registered ground water users have been sent an initial notification of the official date, July 15, 1992, on which the Commission would begin accepting water use permit applications for existing water use permits.

These applicants require Commission action. The first one listed is to satisfy the ninety (90) day requirement for action. The second applicant has already been before the Commission for action and was given until today's meeting to provide further information for further action. The third applicant also requires further field investigative work. Table 1 summarizes applicants, and the reasons for their deferral. '\

ITEM 3

o o Chairperson and Members Commission on Water Resource Management November 17, 1993

TABLE 1

.

, >., .... ' Reason forJ)eferral

....

... ,' Applicant .... I .,.

Wilma Kamakana Further field investigation necessary. Grambusch Wells 0352-17,0456-01 & 18to20

Kainalu Ranch Further time necessary to finalize agricultural plan in Well conjunction with the Soil ConservatiQn Service. When this 0546-02 plan is finished the applicant will be able to submit well

construction and pump installation permit applications with the pending water use permit application.

Zelie Duvauchelle Well Further field investigation necessary. 0448-08

RECOMMENDATION:

That the Commission defer action on the applications listed in Table 1 until the reasons for deferral are completed. .


~ RAE M. LOUI Deputy Director


KEITH W. AHUE, Chairperson

2

o o NATIVE HAWAIIAN ADVISORY COUNCIL

'Aha kako '0 kanawai 110 ka 11a 'auao, no ke kulaIwi, no ka Hawai'i A NONPROFI. 501(c)(3) CORPORA11ON

1088 Bishop St., Suite 1204, Honolulu, Hawaii 96813. (808 )523-1445, Facsimile 599-4380 684 Keolu Drive, Suite NHAC, Kailua, Hawaii 96734· (808)261-6318, Facsimile 261-2012

1993 November 17

TESTIMONY TO THE STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT

ITEM 1. Minutes of October 13 and october 27, 1993

ITEM 5 POAMOHO A WELL & NHAC WELL

Poamoho Venture's comments "that they made modifications to their agricultural plans because of the amount of water available in the aquifer" are not supported by the history of its application. Its reduction in quantity of water requested (from 0.8 to 0.6 mgd) was apparently achieved by eliminating the water requirement for nearby University of Hawaii projects, not by modifications to agricultural plans for its own lands. Therefore Poamoho Venture's suggestion that we "also make modifications" to our crop selections "in consideration of the amount of water available" is shibai. It also illustrates the Venture's lack of knowledge about agricultural condi tions in our area, where edaphic and hydrological characteristics limit crop selection to those suited for highly waterlogged mucky soils and/or ponded fields.

Nonetheless, our agricultural plan already exhibits modifications made because of the amount of water available. If we were to plant the entire acreage in our preferred cash crop, watercress, our water requirements would 4.5 mgd. Knowing that the historical maximum capacity of our existing water source to be 0.75 mgd, we scaled back our watercress acreage accordingly and eliminated the immediate need to develop additional water sources on the property.

ITEM 2. Molokai HHL Reservation

Public Hearing:

How does staff differentiate between applicable and inapplicable comments from testimonies received? An analysis of the (in)applicability of comments received should be included in the submittal.

For instance, the Maui mayor's suggestion that the water reserve be defined in terms of quality as well as quantity is an extremely applicable comment which we upport and which probably has broad support among Molokai ben ficiaries of the Hawaiian Homes

o o

commission Act. Note that DHH 's testimony explicitly states that "These foreseeable needs ref ect potable water requirements of planned developments." Fur hermore, staff apparently ignored DHHL ··s request for "the re ainder of the available Kualapuu groundwater as a reserve for his [agricultural] purpose."

These comments and issues wer no apparent reasons and were amendment. The rationale sur staff decisions about public for public consumption.

apparently deemed inapplicable for not incorporated into the proposed ounding these and other significant earing testimony must be documented

Attachment: DRAFT HAR 13-171 63

The words "from state lands" must be deleted from the proposed rule. Nothing in HRS 174C 101 or HAR 13-171-13 (d) restricts reservations to water from state lands and no testimony supports such restriction. COWRM authority extends to all aquifer waters, not merely to those portions underlying state lands.

A first calIon government-owned water is not the same as a reservation of water to guarantee fulfillment of priority needs. Moreover, the definition of "government-owned water" is debatable, with no formal Attorney General or judicial decision on the matter recorded. Under the current constitutional and common law of Hawaii (which characterizes all water resources as a public trust) government-owned water is all water, and there is no legal basis for restricting sources of water reserved for Hawaiian Home Lands to state lands. In general, the Hawaiian Homes Commission Act (HHCA) is currently interpreted in accordance with currently prevailing law. Arguments that the current definition of "government-owned water" in HHCA section 221 must coincide with that accepted at the time of HHCA legislation attempt to apply a double standard to that section and are void.

The phrase "for use on Hawaiian Home Lands on Molokai" must be changed to "for use by the Hawaiian Homes Commission (HHC) on Molokai. " Once a reservation. of water based on current and foreseeable needs on Hawaiian Home Lands is achieved, HHC must not be barred from activating that reserve for other purposes while developing the capability to use the water on its own lands. In fact, HHC use of reserve water in this way will speed the achievement of this capability, as HHC will be able to use the reserve to generate more resources for homestead development.

ITEM 3. Deferral of Water Use Permit Applications

Background

Unlike similar items on this agenda, the date of submittal of the completed water use permit applications is not given. Specific information regarding the source, use, notification, objections, and field investigations are not attached. When recommending a

• • .' ... o o deferral, staff should still submit this information to facilitate complete public and COWRM review and assessment.

Issues

Given that COWRM has contracted for verification of water uses on Molokai and that this work has been going on for some time, "Further field investigation necessary" is a weak reason for deferral of the Grambusch and Duvauchelle applications. Verification of their uses and of all uses connected to pending water use permit applications should be a COWRM' priority coordinated with the contractor. For instance, it is hard to understand why the investigation of the application submitted for agenda item 4 (Home Pumehana Well) was completed within three weeks of its submittal while the Grambusch and Duvauchelle applications were not afforded similar timeliness of due process.

"Further field investigation necessary" implies that some field investigation has already been completed. Staff should present the results of investigations completed to date and specify the investigative work remaining.

RECOMMENDATION }Jf.A"'-

COWRM should issue the Grambusch and Duvauchelle applications based on current information, or at least impose a time limit for completion of "Further field investigation."

ITEM 5 Manawainui Ground water management Area

Analysis & Issues

NHAC again obj ects to COWRM I S practice of bl indly permitting existing uses at 100% of existing use. While the Water Code assures existing correlative uses of ground water, it does not require that 100% of the use be assured. Rather, the intent of water use permitting is to create a level playing field inclusive of all existing and pending uses, so that the best combination of reasonable-beneficial use serving the public interest can be achieved. There is nothing holy about existing use, except that it is assured only to the extent that it remains more reasonable and beneficial than competing existing and new uses. Especially at a time when COWRM does not yet have a specific framework ofr idantifying, assessing, and eva~uating reasonable and beneficial us~s and applying public interest balancing tests, it is ridiculous to blanketly assume that existing uses are better than new uses.

.. ... o o

TABLE 1

The table requires an additional column showing the recommended allocation to each pending application. It also lacks at least two additional components:

1. Bulk allocation of water to Maui County for municipal use.

2. Reservation for Hawaiian Home Lands.

1. Hawaiian Research, Ltd.

Just because impacts "should not be any different than it has been for the last twenty (20) years" does not necessarily mean that adverse impacts are not now occurring. COWRM apparently has no baseline information for concluding that "Unacceptable adverse impacts are not anticipated from continuation of this long-standing water use." Behind seemingly innocuous statements like "because this use has been in existence for a number of years, no further impacts are anticipated" lies the possibility that this and other uses may have created and continued significant impacts that have not been idenstifies, assessed, or evalueated due to a presumption that "old use is good use."

If "Comments regarding potential impacts of existing and future withdrawals from this source on fishponds and nearshore ecosystems is a valid concern," yet "information necessary to determine the extent and nature of resultant impacts, if any, on the productivity of these ecosystems is not available," then COWRM must define its mission for obtaining this information and determining these impacts. The issue can not be written off just because "no designated marine conservation areas exist in the immediate vicinity," the "use has been in existence for a number-of years," and "no further impacts are anticipated" (emphasis added).

In future submittals, the wording of the title to this section should be changed from "Analysis & Issues" to "Issues & AnaJ,ysis." This should foster more ordered and logical thinking among all involved.

4. Molokai Ranch, Ltd.

In addition to the uncertainty "whether pumping at the proposed rate can be sustained without compromise to water quality," NHAC also questions the proposed discharge rate of aquacultural effluent and whether such discharge can be sustained without compromise to water and environmental quality._ In the past, COWRM has requested demonstration of wastewater system viability in conjunction with applications for aquacultural water use. However, in this case

o applicant's development plan only makes oblique reference to

"drainage canals" with no identification of ultimate wastewater discharge points, volumes, constituents; or treatment methods.

ITEM 6 ual~pue Ground water Management Area

Analysis & Issues

2. Ellen H. Osborne

What was the result of the completed investigation regarding alleged multiple violations of HRS 6E-ll involving the subject wells? Mere reference to HOD and Dept. of the Attorney General "satisfaction" is not enough, and completion of the investigation does not necessarily mean that the matter has been resolved.

ATTACHMENT E

While Mrs. Osborne finds "no relationship whatsoever between granting me the water use permit and the alleged disturbance of a burial site," the staff submittal clearly states that the wells are directly involved. What is the truth of the matter? Even if the wells do not coincide with the burial site, the issues are not separate. Concerns of various state agencies, especially thos~ regarding violations of state law, should be visible and applicable across the spectrum of permitting and enforcement activities.

Mahalo

fJ~ )e 12taI. David L. Martin, Water Claims Manager

pc: W. Grambusch z. Duvauchelle Molokai homestead associations Molokai Working Group Maui Mayor and county Council BLNR and board members HHC and Commissioners OHA and Trustees Ka Lahui Hawai'i Molokai NHLC Water Code Review Commission and Commissioners

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1608.77 11 10 o 0-I

JOHN WAIHEE GOVERNOR

STATE OF HAWAII

HOALIKU L. DRAKE CHAIRMAN

HAWAIIAN HOMES COMMISSION

STATE OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS

P. O. BOX 1879


October 14, 1993

The Honorable Keith W. Ahue Chairperson Commission on water Resource Management Department of Land and Natural Resources P. o. Box 621 Honolulu, Hawaii 96809

Dear Mr. Ahue:

\..,., .. <

(.:j c..;.;).

C:)' ,> ~.~-\ -dJ

~ .....s' ..

Wi thdrawal of Obj ections .~~ ::;\ c.;. The Department of Hawaiian Home Lands has been in a position to raise objections to various applications for water use permits, particularly in Windward O'ahu, on the basis that water reservations were yet required to meet statutory obligations to Hawaiian home lands.

Please be advised that as the proposed water reservations in O'ahu and Moloka'i water management areas are finalized, our objections for this reason are thereby withdrawn.

HLD:BH:ci/1608L.77

wfZ~tll~~o a

H~ Drake, Hawaiian Homes Co sion

II· ··V

Q

JOHNWAIHEE GOVERNOR OF HAWAII

KEITH W. AHUE CHAIRPERSON




J. DOUGLAS lNG, ESQ. RICHARD H. COX, P.E.

GUY K. FUJIMURA

P.O. BOX 621


RAE M. LOUI, P.E.

Mr. Kip Dunbar Kainalu Ranch HC01 Box 901 Star Route Box 317 Kaunakakai, HI 96748

Dear Mr. Dunbar:

SEP 30 1993

Application for a Water Use Permit Waialua Ground Water Management Area. Molokai

At the Commission's September 15, 1993 meeting, your application for a water use permit for the Puelelu Well (Well No. 0546-02) was deferred until the tentative November 10, 1993 meeting on Molokai. This was due to testimony you provided concerning the legitimacy of the future use from this well. Since this request is for a future use rather than an existing use, further information is required.

OEPUTY

We have attached another water use permit application for your convenience. Please complete Table 1 on the back of the form, have both landowner and the applicant sign the application, and return it to us no later than October 27, 1993. If there have been any changes to the original application, or its accompanying maps, please include those changes.

We have also attached the well construction and pump installation permit applications you requested. At your option, you may submit these applications together with the updated information on the water use permit application. However, if the permits are approved together, please remember that while you must initiate your requested use within four (4) years, the well construction and pump installation permits are only good for two (2) years. Well construction and pump installation permits are not extended without good cause.

Since the Commission is considering approval of your future use we are also attaching comments we have received on your water use permit application. Please provide your responses to these concerns by the October 27, 1993 deadline to submit your amended applications.

If you have any questions, please contact Roy Hardy at 587-0274 or Lenore Nakama at 587-0218.

LN:ky Attachment William B. Dunbar

ROLL CALL:

o o

MINUTES


DATE: TIME: PLACE:

September 15, 1993 1:30 p.m. Mitchell Pauole Community Center Conference Room Kaunakakai, Molokai, Hawaii

Chairperson Ahue called the meeting of the Comniission on Water Resource Management to order at 1:47 p.m.

The following were in attendance:

MEMBERS: Mr. Keith Ahue Mr. Richard Cox Mr. Guy Fujimura Dr. John L Lewin Mr. Robert Nakata

EXCUSED: Mr. J. Douglas Ing

STAFF: Ms. Rae Loui Mr. Edwin Sakoda Mr. Roy Hardy Ms. Lyann Mizuno Ms. Lenore Nakama Ms. Sharon Kokubun

COUNSEL: Mr. William Tam

OTHERS:

Dan Kuhn Wilma Grambusch Mike Foulkes Edwin Miranda Paul Matsuo Robert Granger Charley Ice Gene Ferguson Rick Ten Cate Duane Cranney June Kapuni-Dearson Joseph Wampler Daniel Bennet Kelii Mawae Neal Wu

Tom Hill Judy Caparida Ellen Kraftsow Steve Kaiser Wilma Joy Peter Eichhorn Collette Machado Tom Nance Tom DeCourcy Elizabeth Johnson George Denison Peter T!nmpson Kip Dunbar David Martin

All written testimonies submitted at the meeting are filed in the Commission office and are available for review by interested parties. Some items were taken out of sequence to accommodate requests by applicants or interested parties.

ITEM 1 MINUTES OF THE SEPTEMBER 1. 1993 MEETING


ITEM 1

o o Chairperson and Members Commission on Water Resource Management July 28, 1993

ITEM 2

ITEM 3

ITEM 4

ITEM 5

ITEM 6

ITEM 7

OLD BUSINESS/ANNOUNCEMENTS

Ms. Loui announced the public meeting which would be held that evening at Molokai High School to hear testimony for proposed reservations of water for the Department of Hawaiian Home Lands (DHHL).

RESVBMITfALj SEA LIFE PARK HAWAII APPLICATIONS FOR WATER USE PERMIT. WELLS 1,2,3, & A <WELL NOS 1939-01 & 02. 1940-11 & 02>, WAIMANALO GROUND WATER MANAGEMENT AREA, OAHU>

Mr. Steve Kaiser, representing the applicant, stated that a request was sent to the Department of Land and Natural Resources to determine if a water license is required.

Mr. Martin of Native Hawaiian Advisory Council presented testimony (copt in Commission files).

Unanimously approved as submitted (Lewin/Cox).

APPOINTMENT OF HEARINGS MASTERS

Unanimously approved (Lewin/Nakata).

HOUSING FINANCE AND DEVELOPMENT CORPORATION APPLICATION FOR A PUMP INSTALLATION PERMIL WAHIKULI IRRIGATION WELL <WELL NO. 5440-01), WAHIKULI, MAUl

Mrs. Grambusch asked if any allotment for housing was made for native Hawaiians. Mr. Neal Wu, representing HFDC, had no response. Mrs. Grambusch asked for an allotment for native Hawaiians to go with the permit if water is approved for the project.

Chairperson Ahue stated that the matter was reviewed by OHA. If the project is on ceded lands and there are revenues, OHA would be 'entitled to 20% of the revenues.


KALAELOA PARTNERS, LP. AMENDMENT OF A WATER USE PERMIT AND APPLICATION FOR A WELL CONSTRUCTION PERMIT, KALAEWA WELLS PW-7 TO 9 <WELLS NOS. lS05-10-U>, EWA BEACH, OAHU


HAWAIIAN RESEARCH LTD. APPLICATION FOR A WATER USE PERMIT. KAMILOLOA GROUND WATER MANAGEMENT AREA. MOLOKAI

Unanimously approved (Nakata/Lewin).

- 2 -

o o Chairperson and Members Commission on Water Resource Management July 28, 1993

ITEMS

ITEM 9

ITEM 10

DAVID W. CURTIS. R.M. GRANGER. KAWELA PLANTATION HOMEOWNERS ASSOCIATION. JOHN UAEA. SR.. AND MAUl DEPARTMENT OF WATER SupPLY APPLICATIONS FOR WATER USE PERMITS, KAWELA GROUND WATER MANAGEMENT AREA. MOWKAI

Ms. Grambusch objected to the amount of water being requested by the Kawela Plantation from the Kawela Aquifer. She felt the evening meeting on reservation of water should have taken place before the Commission meeting because all the applications being heard are affected by reservation of water.

A Petition to Intervene was filed by Michael Foulkes on behalf of Wilma Kamakana Grambusch, pursuant to the right to a contested case hearing under Section 174C-60 (see Commission. files). Mr. Foulkes reviewed the petition asking for deferral of the applications.

Mr. Tam stated that the objector (Mrs. Grambusch) must file an application to be a party in a contested case hearing within ten days detailing the grounds for her objections so a determination on standing can be made. H she has legal standing on all five applications a public hearing will be held.

Unanimously approved for deferral for a public hearing process to possibly be held on November 10, 1993. Existing uses may continue. (Lewin/Cox).

DEPARTMENT OF HAWAIIAN HOME LANDS AND MAUl DEPARTMENT OF WATER SupPLY APPLICATIONS FOR WATER USE PERMITS, KUALAPUU GROUND WATER MANAGEMENT AREA, MOWKAI

1. DHHL Well Nos. 0801-01 & 02: Mr. Charley Ice, representing the Department of Hawaiian Home Lands, stated that the existing amount is acceptable but they would eventually have to come back to the Commission to request additional irrigation and potable water for future developments.

2. DWS Well No. 1059-01: Ms. Ellen Kraftsow of the Maui Department of Water Supply requested an amendment to 36,000 gpd (the amount used to currently serve the customers in Kalae) instead of 25,000 gpd being recommended.

NHAC presented testimony (see Commission files) asking that the Commission records reflect "DffiIL's continuing and increasing reliance upon the principle that their right of first call will be effectuated with a sense of immediacy".

1. Unanimously approved (Nakata/COx). .

2. Unanimously approved with an amended water use of 36,000 gpd (Nakata/Cox).

MOLOKAI RANCH, LTD. APPLICATION FOR WATER USE PERMIT, MANAWAlNUI GROUND WATER MANAGEMENT AREA. MOLOKAI

Mrs. Wilma Grambusch stated her concerns in regards to the wetland areas that may be affected by the applicant's request. .

- 3 -

o o

Chairperson and Members Commission on Water Resource Management July 28, 1993

ITEM 11

Mr. Ice (DHHL) said the first of the four wells appear to be an existing use, therefore they have no objections. The other three wells appear to be new uses and are upgradient of Hawaiian Home lands. Withdrawals could affect salinity for future uses on Hawaiian Home lands. DHHL recommends monitoring the salinity of water and conditioning any future use upon the means of future uses on Hawaiian Homes lands. Ms. Collette Machado asked Molokai Ranch what the plans were for the land because the community has not been kept informed of the development plans. Until plans are made known, their permits should be denied.

The applicant was asked to provide written information on the specific uses for the water use being requested. The following actions were taken on the four recommendations made by staff in regards to the issuance of interim water use permits:

• 1. Unanimously approved to deny without prejudice the issuance of an interim water use permit for 150,000 gpd from the Ooia Dug Well (Cox/Lewin).

2. Unanimously approved the issuance of an interim water use permit for use of 600,000 gpd for the Orca Shaft #1 and Orca #2 Wells (Cox/Lewin)

3. Unanimously approved the issuance of an interim water use permit for use of 40,000 gpd from Orca #3 (Cox/Lewin).

4. Unanimously approved for deferral to the November 10, 1993 meeting on Molokai, the request for 40,000 gpd of water from the Orca #3 Well (Cox/Lewin).

JOHN N. URAUCHI. ELLEN M. OSBORNE. AND MAUl DEPARTMENT OF WATER SupPLY APPLICATIONS FOR WATER USE PERMITS, UALAPUE GROUND WATER MANAGEMENT AREA. MOWKAI

1. Mr. Urauchi asked that the acreage of land be corrected to 0.25 acre and not 25 acres.

2. Mrs. Osborne explained the water would be used to irrigate established plantings.

Chairperson Ahue stated that the resolution of the issues raised by the Historic Preservation Division is not determined by the Commission. He asked that Mrs. Osborne work with staff.

Ms. Collette Machado of the Molokai Burial Council asked that the application be denied because of pending charges and fines against Mrs. Osborne for deliberate disturbance of a burial site.

Dr. Lewin asked for AG. opinion in regards to the burial site since the well in question does not affect the site. Mr. Tam stated that the Commission can act independently of any action with the burial council and the Historic Preservation Division.

3. Ms. Ellen Kraftsow of the Maui Department of Water Supply requested that the water use be amended to 185,000 gpd instead of the stated 171,000 gpd.

- 4 -

o o


ITEM 12

ITEM 13

ITEM 14

Ms. Grambusch was concerned that 1) the County of Maui needs to be more precise on the amount of water they need and 2) questioned if the County was conforming to the safe drinking water act.

Dr. Lewin stated that he did check with the Safe Drinking Water Program and since 1992 the County has complied with the Safe Drinking Water Act.

The following actions were taken on the above three applications:

1. Urauchi: defer to the November 10, 1993 meeting. Applicant to submit more detailed information for the proposed water use being requested (Lewin/Cox).

2. Osborne: defer to the November 10, 1993 meeting. Applicant tQ submit written plans for use of the water being requested and to supply information on the source of the existing irrigation system (Lewin/Cox).

3. Maui Department of Water Supply: Unanimously approved for the amended use of 185,000 gpd (Lewin/Nakata).

KAINALV RANCH APPLICATION FOR A WATER USE PERMIT, WAIALUA GROUND WATER MANAGEMENT AREA. MOLOKAI

Dr. Lewin requested the applicant to submit a written request to continue the permit process for a well construction, pump installation, and water use permits. Recommendation was made to defer action until the next meeting to be held on Molokai.

Unanimously approved for deferral (Lewin/Nakata).

DEPARTMENT OF AGRICULTURE APPLICATION FOR A WATER USE PERMIT, WAIKOLU GROUND WATER MANAGEMENT AREA, MOLOKAI

On the advice of the Attorney General, Chairperson Ahue called for a deferral of this application as recommended by staff due to objections raised and stated that a public hearing would need to be held. A tentative date of November 10, 1993 was set for the public hearing to be held on Molokai. The Department of Agriculture may continue pump age of the existing source.

Testimonies were presented by parties for as well as against the project. All written testimonies received are on file in the Commission office.

OTHER BUSINESS

1. In regards to the letter from Lanai Company raising questions on the sustainable yield and institutional problems with the Land Use Commission, Mr. Cox felt it should be reviewed with the staff, the Commission, and John Mink.

Ms. Loui said a briefing would be scheduled at a later date.

- 5 -

-- o o


2. Dr. Lewin asked for the following items to be brought up for future action:

a. The Water Quality Plan - the Code Review Commission and the Commission should meet to review the recommended actions relating to overlapping enforcement and adding additional enforcement to certain areas of the Water Code so water quality work can be carried out more effectively.

b. Issues on the Caprock - a hearing will be held in the near future, suggest staff from the DOH and CWRM attend the hearing and register concerns. Long-term effects of the harbor should be considered in terms of caprock water resources.

ADJOURNMENT The meeting was adjourned at 5:20 p.m.


A""'r,,-,,-,, L "/A"""

.--

u. SHARON S. KOKUBUN Secretary

APPROVED AS SUBMITIED:

,~~ L M. LOUI, Deputy Director

- 6 -

• -t o o State of Hawaii


Honolulu, Hawaii

September 15, 1993


Gentlemen:

Applicant:

(Well No,0546-02) Kainalu Ranch Star Route Box 320 Kaunakakai, Hi 96748

Background

Water Use Permit Applications Waialua Ground Water Management Area, Molokai

Landowner:

William B. Dunbar Star Route Box 320 Kaunakakai, HI 96748

This is the only pending water use permit application in the Waialua Aquifer System at this time (see Exhibit 2). The applicant submitted a completed water use permit application to the Commission on May 21, 1993 for an existing use of irrigation for 200 acres of fruits, flowers, & vegetables and for a future use of domestic needs for one (1) to five (5) homes. Specific information regarding the source, use, notification, objections, and field investigation(s) are described in Attachment A and the attached exhibits.

Analysis & Issues

According to the November 20, 1992 field investigation report, this existing source does not use any ground water from the Waialua Aquifer System. In fact, the well was not completed and has no pump installed and therefore cannot physically withdraw water without obtaining well modification and pump installation permits first. On September 29, 1992 the existing well construction permit for this well, issued on June 6, 1981, was revoked since no well completion report was submitted to either the Board of Land and Natural Resources or the Commission. Therefore, this application was processed as a request for a future use.

In the Final Report of the Molokai Working Group (MWG) there were no specific guidelines for the Waialua Aquifer System. However, there were general guidelines for the Southeast Aquifer Sector which are as follows:




ITEM 12

o o Chairperson and Members Commission on Water Resource Management September 15, 1993

Since the use is for future purposes, MWG recommendations 1 and 2 may be affected but recommendation 3 may indicate that this future use is allowable if irrigation of 200 acres is included in 'residence' needs. Given the fact that there were only two (2) other applications for existing ground water use submitted to the Commission in the Waialua Aquifer System, it does not appear that the granting of the applicant's request for future use in this aquifer system would jeopardize any of the MWG recommendations.

To date, the applicant has not provided the Commission with any plans regarding his intent to use the water within the next four (4) year period. Additionally, according to the applicant's request, 200 acres of basically diversified agriculture would need approximately 1.557 mgd which is almost eight (8) times the requested amount.

The reservation issue concerning the Department of Hawaiian Horne Lands (DHHL) is not clear in the Waialua Aquifer System. The Draft of the Final Report of the Molokai Working Group indicates that there are no existing or major projected increases for DHHL needs in the area (See Exhibits 3 to 6). Additionally, the rule-making proceedings have been initiated for reservation concerning DHHL and a public hearing is scheduled for September 15, 1993. It is anticipated that reservations will only be made for DHH~ within the Kaualapuu Aquifer System.

NOfJ~ ~/J.;v.. ~ ~~ ~>

RECOMMENDATION

Attach.

That the Commission deny without prejudice the issuance of an interim water use permit to the Kainalu Ranch to use 200,000 gallons per day of potable water from the Puelelu Well (Well No. 0546-02) for the reasonable and beneficial use of irrigation of 200 acres for farming needs unless the applicant can show he has definite plans to use his requested amount within the next four (4) years. If and when granted, the interim water use permit should be subject to the standard water use permit conditions listed in Attachment B and the following special condition:

1. The issuance of the interim permit shall be withheld until the reservation of water for the Dept. of Hawaiian Horne Lands is set by rule.

Respectfully sL

Deputy Director


2

o o Chairperson and Members Commission on Water Resource Management September 15, 1993


Source Information

AQUIFER: Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending allocations (Exhibit 2):


Elevations (msl= 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:


Waialua System, Southeast Sector, Molokai 8 mgd

<0.001 mgd -8 mgd

0.200 mgd

Puelelu Well (Well No. 0546-02) Kainalu Ranch, Moiokai, TMK:5-7-3:62

before 1982 10 in.

NA ft. 450 ft. -10 ft. NA ft. -20 ft.

470 ft. 250 ft.

,.... r-+-----f

• , auted mils

1<::7 • wo ler level ~

Tofcj Depth

hn I. sold casilg I I I I I lin t. perl. casilg

~

lin t.~1xIII

Use Information

Quantity Requested: 200,000 gallons per day. Existing Type of Water Use: Irrigation for 200 acres of fruits, flowers, & vegetables. Future type of Water Use: One (1) to Five (5) homes. Place of Water Use: Kainalu Ranch at TMK: 5-7-3:62

Reported Water Usage: Nearby Similar Water Usage: WAIALUA Aquifer System Current 12-Month Moving Average Withdrawal:

A IT ACHMENT A

xx None gpd NAgpd

NAgpd (NA% of Sy)

o Chairperson and Members Commission on Water Resource Management September 15, 1993


There are three (3) other wells within a mile of the well (see Exhibit 1). Two (2) of these wells are currently in use. Information from the registration program indicates there are possibly eight (8) existing wells in the Waialua Aquifer System. However, neither the 1992 Draft of the Molokai Water Use and Development Plan nor the Draft of the Final Report of the Molokai Working Group estimated the existing withdrawals from the Waialua Aquifer System (See Exhibits 3 to 5).

Public Notice

In accordance with HAR §13-171-17, a public notice was published in the StarBulletin on July 9 & 16, 1993 and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources & Historic Preservation Divisions of the Department of Land and Natural Resources, and other interested parties for comments. Written comments and objections to the proposed permit were to be submitted to the Commission by July 30, 1993.

Objections

The public notice specifies that an objector meet the following requirements: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection letter(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by July 30, 1993.

To the best of staffs knowledge there are no objectors who have property interest within the Waialua Aquifer System or who will be directly and immediately affected by the proposed water use. All objections andlor comments to the application are summarized as follows:

Objector

NHAC

Briefs in Support

Objection

General process of water use permit applications. No specific objections to this application.

Responses to objections, or briefs in support, regarding the application are required to be filed with the Commission ten (10) days after an objection is filed and, presumably, copies are served to the applicant. No briefs in support were fil~d with the Commission.

Field Inyesti&ation

The water source and existing use was investigated on November 20, 1992. The investigation(s) verified the applicants request for water use permit.

A IT ACHMENT A

_J __ ._

I' I

.lh·,.IIIII"/I! I'

'1,1

'I! ,

)', , f ,"

f ) . } ,

1 .• 48If'Jf'~

, d I " I ,,'J.II 10

t'

o .. ~ o

... ......

/

KAlAUPAPA - 40401

KUALAPUU - 40203 KAHANUI - 40402

HOOLEHUA - 40201 WAIKOLU • 4040]

I.

45

PROJECT AREA

Molokai

HYDROLOGIC UNITS - ISLAND OF MOLOKAI

•

Exhibit 1

o

o

+

lo'UPA NO APPLICANT ~ELL NO WELL NAME

--------------------ISLAND OF MOLOKAI

Aquifer System: WAIALUA

CHARLES AA KAAHANUI KAINALU RANCH THOMAS N. MATAYOSHI

0546-02 PUELELU ~ELL 0548-01 MATAYOSHI T.

~ATER USE PERMIT APPLICATION NOTICE STATUS REPORT 09/04/93

PUBLIC 1 PUBLIC 2 OBJECTION DAYS EXIST PROPOSED RECEIVED ACKN~GD ACCEPTED NOTICE NOTICE DEADLINE SUSPENSE LEFT AGENDA

Y Y

07/15/93 08/30/93 / / / / / / / / OS/21/93 06/09/93 06/09/93 07/09/93 07/16/93 07/30/93 09/25/92 10/13/92 03/02/93 OS/24/93 06/07/93 06/21/93

/ / 09/07193 05/31/93

o / / _ 3 09/15/93

155 08/04/93

lo'UPA mgd

0.000 0.200

**.***

3 Applications Totaling 0.200

Page No.

C\J

I--III -I X W

o o

Molokai Working Group

BREAKDOWN OF 2010 POTABLE WATER USE PROJECTIONS IN MGD

CENTRAL SECTOR Manawainui System

1. Hawaiian Research

Kualapuu System 1. County DWS 2. DHHL 3. Kaluakoi Resort 4. Other State Projects 5. Palaau Industrial Park 6. Others (Kualapuu, Kalae, Kipu)

Subtotal

NORTHEAST SECTOR Kahanui System

1. National Park Service

Waikolu System 1. DOA MIS

SOUTHEAST SECTOR Kamiloloa System


Kawela System

0.56

0.94 0.84 2.14 0.11 0.20 0.20 4043

0.22

2.70

0.26

1. County DWS 0.32 2. Kawela Plantation 0040 ~3~. ~K~run~al~o~R~a~n~ch~ _________________________ 0.04

Subtotal 0.76

U alapueSystem 1. County DWS 2. Kamalo Ranch 3. Place, M. J.

Subtotal

Alpha USA

WEST SECfOR

TOTAL

1 Water development source wtidentified.

EXHIBIT 3

0.18 0.22 0.22 0.62

2.01

0.00

11.55

o o


NON-POTABLE WATER USE PROJECTIONS IN MGD*

5 to 2010 to 10 years Total Build out

D1-11-IL Hoolehua 4.00 16.0 Kalamaula 1.42 7.5 Subtotal DHHL 5.421

Other MIS users .. -2.502

Molokai Ranch Agriculture, Dally, Pastures: 1. Ag. Par~ - Kualapuu 7.70 2. Coffee - 800 acres 1.50 3. Dairy - 4,000 head 0.70 4. Palm Nursery - brackish 0.30 5. Feedlot 0.20 6. PastuJes 0.20 7. Hay - assume all irrigated on Homesteads 0.00

Recreation: Subtotal Agriculture 10.63

1. Maunaloa Links 0.25 2. Ironwoods 0.20 3. Network 0.05

Subtotal Recreation 0.503•4

Kaluakoi Resort Recreation: Golf Course Addition 0.00

(two 36-hole courses)

Alpha USA 1.503

TOTAL 20.52

·Estimates furnished by users and were accepted by working group without challenge.

1 From DHHL projections From DOA - MIS average delivery = 7.5 mgd

2/3 x 7.5 mgd = S.O mgd preference to DHHL 1/3 x 7.5 mgd = 2.5 mgd for other MIS users Note: deficit from MIS of 0.42 mgd

2Assumes maximum usage of 1/3 of MIS for other'users

JWater developmeni. source unidentified

Total

23.53

2.5

10.63

0.5 3,4

2.8 3

3.03

42.9

4A portion of this projection will be met by the MIS and a portion from private sources

Note: Non-Potable Water Use Projections are for major agricultural and recreational uses in the central and western areas of the island. It does not include inStreams uses, fishponds, taro patches, aquacultural projections, etc.

EXHIBIT 4

LEGEIlD:

.. o -~y~<,'< .... -" o

" -c ~---<

""OUFER S~CTOF\ AOUFIR SYSTEM DWSwEll..S PRI .... TE wEl.LS OTt£~ DWS Dl'YE,RC.....$3ON PRIvATE OIV~5K)H OWS POT4B1...£ seRVICE ARE .... PRIVATE POl4SLE SCRYJCE. AREA OT>e! DWSSH"~ ~V':'TE StUFf OT>ell peJOED GROc.K) WAT9 n.H-!a 0E"VEl.~ - mAHSIC.SSION l\H£:.

-------:-~-~--,--r~,--;-"7"~T-,T--:--:~-__:·-~-:---;--i-'---:i-~I-!I=;,....T=Ii='-;---'~---'--~-[ .. -~ .. -; j- ";-

-.'-..;..--'--~--+~-+-.--;.--+-~,.....::~~'--l.--'------t_ . _L _..J. __ ---- :---;____ _ ... __ . __ '. __ ..

5OC.MCE. OEMAn£HT OF LAfC) AfrO NAT\lRA,l onra..OlPM!NT. wee WATER RfS~CES DE.VElOPtENl YQlQlltAL. OOWALJ) Bl.I..l.ETJr' ... 1I5 BaT COl.1..HS " A.SSOClAns YOLO«. .... I.TJfR STSTnII PL .......

-.-~---'--... .:..-~- :.....-'i-'-~.- --:: --'r-~...!.-;- ---.-.--.----j • I I' J I ' i

-;------~l- -t-j-----·-i -T---------t-! -.1--.-------"- --.-.----- .. ':J-_ :.j ___ -_!_._ : -._

!ra~~~-=~

MOlOKAI AQUIFER SECTORS WATER SOURCE AND SERVICE AREAS

seALl .. ItLOUETI.Jd &000 0 .000 eooo

SCALE OIFUT

-

FIGUM

to

I--al -I >< W

-• o


BREAKDOWN OF EXISTING GROUNDWATER USAGE IN MGD

CENTRAL SECTOR Manawamui System


Kualapuu System 1. County DWS 2. DHHL 3. Kaluakoi Resort

Subtotal

NORTHEAST SECTOR Kahanui System

1. National Park Service

Waikolu System 1. DOA MIS

SOUTHEAST SECTOR Kamiloloa System


Kawela System 1. COWlty DWS 2. Kawela Plantation 3. Kamalo Ranch

Subtotal

Ualapue System 1. County DWS 2. Kamalo Ranch 3. Place, M. J.

Subtotal

WEST SECTOR

TOTAL

0.56

0.59 0.38 0.82 1.79

0.22

1.13 .

0.26

0.32 0.16 0.04 0.52

0.18 0.22 0.22 0.62

0.00

5.10

EXHIBIT 6

JOHNWAIHEE OOVERNOR OF HAWAII

o o




Dear Mr. Dunbar:

P.O. BOX 621


SEP - 9 1993

Commission Submittal for Your Water Use Permit Waialua Ground Water Management Area. Molokai



J, DOUGLAS lNG, ESO. RICHARD H. COX, P.E.

GUY K. FUJIMURA


The Commission on Water Resource Management will be acting on your water use permit application for your Puelelu Well (Well No. 0546-02) at its September 15, 1993 meeting at 9:00 a.m. p.m. at the Mitchell Pauoli Center.

A copy of the submittal for action on your water use application is enclosed for your information and review . You may wish to attend the meeting in case the Commissioners have questions regarding your application. Otherwise, we will notify you of the Commission's decision soon thereafter.

RH:fc Attach.

If you have any questions, please contact Roy Hardy at 587-0274.

Sincerely,

Deputy Director

>1-** , L'lO

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DEPARTMENT OF LAND AND NATURAL RESOURces

COMMISSION ON WATER RESOUnCE MANAGEMENT

P, O. BOX 121

HONOLULU. HAWAII "10'

FACSllHlLE THANSfHJTTAL PAGE

Please ueliver the followillg pnges to:

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COlllpallY:

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Date: TillIe: 2~oOf?

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If you t1u 1I0t Icceive nil of the pages legil.lly. please clIlI l.lm;k: (8U11) 587- oz...'"""\4

SClldillg Fncsilllile NUllltJcr: (HlIS) 587-°219 CQ 8' Receivillg Pncsilllilc NUlllhcr: (~) Sf;::) "3> - -..:> -, \.P

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---------------------- ._-_ ..... _.-

o o 16. REMARKS, EXPLANATIONS (cont'd):

TABLE 1. MULTIPLE TMKs TO USE REQUESTED WATER

o State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

APPLICATION FOR WATER USE PERMIT

o Ground Water or 0 Surface Water Instruction.: Please print in ink or type and send completed application with attachments to the Commission on Water Resource Management. P.O. Box 621. Honolulu. Hawaii 96809. Application must be accompanied by a non-refundabla filing fee of $25.00 payable to the Dept. of Land and Natural Resources. The Commission may not accept incomplete applications. For a .. istance. call the Regulation Branch at 587-0225 (neighbor islands. 1-800-468-4644).

PERMITTEE INFORMATION

1. (a) APPLICANT (b) LANDOWNER OF SOURCE Firm/Name ______________ _ Firm/Neme _________________ _

Contact Person ________ ---.l:P;IJbL.;..· ___ _ Contact Person __________ --"P .... b_· ___ _ Address ________________ _ Address __________________ _

SOURCE INFORMATION

2. WATER MANAGEMENT AREA:

3. (a) EXISTING WELL/DIVERSION NAME AND STATE NUMBER:

(b) PROPOSED (NEW) WELL/DIVERSION NAME:

ISLAND:

(c) LOCATION: Address Tax Map Key ____ -'--_ (Attach a USGS map, scale 1" = 2000', and a property tax map showing source location referenced to established property boundaries.)

4. SOURCE TYPE (check one): 0 Stream 0 Basal 0 Dike-confined 0 Perched 0 Caprock

5. METHOD OF TAKING WATER (check one): 0 Artesian 0 Well & Pump 0 Diverted Surface 0 Other (explain)

USE INFORMATION

6. LOCATION OF PROPOSED WATER USE: (If possible, show on same maps as source location. Otherwise, attach similar maps)

(a) Proposed use of water is: 0 Existing 0 New 0 Both existing & new uses (b) Tax Map Key: (If location of use is over multiple TMKs, please complete Table 1 on back of application) (c) Address: ______________________________________ _

(d) Current Land Use District: 0 Urban o Agriculture 0 Conservation o Rural (e) Current County Zoning Code: _______________________________ _

7. QUANTITY OF WATER REQUESTED: __________ gallons per day (averaged over 1 year)

8. METHOD OF MEASUREMENT: 0 Rowmeter o Open-pipe o Weir o Orifice o Other (explain)

9. QUALITY OF WATER REQUESTED: 0 Fresh o Brackish o Salt o Potable o Non-Potable

10. PROPOSED USE: 0 Municipal (including hotels, stores, etc.)

o Industrial

o Individuel Domestic o Irrigation

o Military o Other (explain) .. For questions 12 & 13: If multiple TMKs are involved, please complete Table 1 on back of application.

11. TOTAL NUMBER OF RESIDENCES TO BE SERVED: 12. TOTAL ACRES TO BE IRRIGATED AND TYPE OF CROP: ______________ _

(acres) (crop)

13. PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: (daytime hour. of operetion, ex. 7 a.m. to 2 p.m.)

14. APPLICANT MUST BRIEFLY DESCRIBE FOLLOWING POTENTIAL RESTRICTIONS ON WATER USE: (a) Impact on Sustainable yield (1):

(b) Instream Flow Standards affected (1): (c) Hawaiian Home Lands use affected (1)' ______________________ _

(d) Other existing legal uses affected (1):

(e) Other (pending permits, EIS, etc.)(?):

15. REMARKS, EXPLANATIONS: _____ ---.; ________________ _

(if more space i. needed. continue on back sidel

NOTE: Signing below indicM_ the! the eppIicent ~ .... the!. if e wMor ..... mit ill IVented by the ComrniIIeion on WMor Aeeource M~. e pennit ill eubject 10 prior existing .. mined .... ""-- in _ ....... ,_ end inet,eem flow Mend ..... ,-.ved ... _ defined by the C ........... on. end H_eiien Home L .... future.... In eddition. eppIic_

....... M .... the!. _ .. mit _onl. e wetor Ihort_ plen m .. 1M IUbmined 8hoUd the Cornmilleion ,equire _.

Applicant (print,..) ___________ _ Landowner (print) _____________ _

Signature ______________ _ Signature ________________ _ Date _______________ __ Date _________________ __

For Official Use Only: Date Received, ______ _ Hydrologic Unit No. ____ _ Diversion Works No. ______ _

Date Accepted ______ _ State Well No. ______ _

5/19/93 WUPA Form

TABLE 4-4: OAHU WATER REQUIREMENTS FORECAST FOR SELECTED CROPS

Acr .. Estimated Forecall 1989 Acres Acre. Acre. Acres Acre.

Crop GaUAc/Day Actual MGD 1990 MGD 1995 MGD 2000 MGD 2005 MGD 2010 MGD

OTHER VEGETABLES BITTERMELON aJfI 7.500 4 0.03 8 0.06 8 0.06 9 0.07 8 0.07 10 0.07 CARROTS aldl 8.700 1 0.00 2 0.01 1 0.01 1 0.01 1 0.00 0 0.00 o CORN. SWEET U 805 105 0.08 178 0.18 183 0.17 202 0.18 212 0.18 228 0.20 DAIKONbIU 1.811 80 0.14 11 0.02 138 0.22 187 0.27 207 0.33 255 0.41 DASHEENalU 17.600 2 0.03 4 0.08 4 0.07 4 0.07 4 0.07 6 0.08 LOTUS ROOT bId! 8.000 20 0.12 28 0.17 27 0.18 28 0.18 27 0.18 29 0.17 PARSLEYaldl 8.700 8 0.04 7 0.05 8 0.06 10 0.07 11 0.07 12 0.08 PEAS. CHINESE aid! 30.000 1 0.02 3 0.08 3 0.08 3 0.08 3 0.09 3 0.09 POTATO aldl 7.400 -- 0.00 38 0.28 41 0.30 43 0.32 45 0.33 48 0.35 PUMPKIN aJbIfI 40.000 1 0.04 3 0.14 3 0.12 3 0.11 2 0.10 2 0.09 RADISH aJfI 3.333 8 0.02 II 0.03 II 0.03 10 0.03 10 0.03 11 0.04 SQUASH. ORIENTAL aid! 6.000 4 0.02 12 0.08 13 0.06 13 0.07 14 0.07 15 0.08 SWEET POTATO d! 7.400 10 0.07 15 0.11 17 0.12 17 0.13 18 0.13 18 0.14 TAROb! 8.000 8 0.03 8 0.04 7 0.04 8 0.05 10 0.06 12 0.07

DIVERSIFIED AG. TOTAL :: 'n~~·~ 3.188 28 3.422 32 3.859 38 4.278 40 4.759 45 5.268 50

.>t 8' C-vv 0 Et, A OJJ' UJlA\I!<.£

Note.: Acreage 'orecalls developed by State Department of Agrlcuhure. W.ter requirement. b ... d on thelndic.ted gallon. per .cre per d.y. Feed and Forage - Include. grain •• gr .... legume crop •• and pineapple green chop. a! Acreage. for Oahu not avall.ble. 25~ 0' the St.te total a.lUmed. b! Calculation. derived "om the St.te Statillic. of HawaIIan Agriculture. 1888 •• nd d.ta from the Dlpartment of Agriculture. o c/ Calcul.Uon. derived from the State 1880 Oat. Book and data from the Dep.rtment of Agriculture. d! Department of Agriculture. B ... d on pan evaporation rat .. of .2 to .25 Inche. per day (effect of lOIar r.di.tion .nd wind) for drip Irrigation.

eI Sugarcane - drip Irrlg.tlon a.lUmed for 80 percent 0' acreag •• U Decl "on Analy'" HawaII. Inc .• An Economic Development Str.tegy & Implementation Program f-II' MoIoka'l I

TABLE 4-4: OAHU WATER REQUIREMENTS FORECAST FOR SELECTED CROPS

Acrel Eltlmaled Foreca .. 1889 Acrel Acrel Acrel Acrll Acrel

Crop . GaUAclOay. Actual MGD 1990 MGD 1995 MGD 2000 MGD 2C05 MGD 2010 MGD

o SUGARCANE e/ 8,800 24,300 185.24 24,355 185.81 21,881 149.47 19,838 134.90 17,905 121.75 18,159 109.88

PINEAPPLE bl ·1,000 13,002 13.00 13,398 13.40 12,229 12.23 10,910 10.91 9,734 9.73 8.684 8.88

AQUACULTURE U 38,000 403 14.51 470 18.93 550 18.81 830 22.68 710 25.57 781 28.46

FEED AND FORAGE aJ 7,700 325 2.50 338 2.60 82 0.71 25 0.18 7 0.05 2 0.01

FLORICULTURE & NURSERY TOTAL b/cldl 7,400 493 3.85 427 :5.18 814 4.55 702 5.20 790 5.84 878 8.49

FOLIAGE PlANTS 5,000 144 0.72 177 0.89 202 1.01 223 1.11 241 1.20 255 1.28 DENDROBIUM ORCHID 3,500 87 0.23 85 0.23 78 0.27 91 0.32 103 0.38 115 0.40

PROTEA 2,250 9 0.02 10 0.02 12 0.03 13 0.03 18 0.04 18 0.04

BANANAU 3,019 540 1.83 688 1.77 711 2.15 834 2.52 857 2.89 1,080 3.26

GUAVAcI 4,400 373 1.84 408 1,79 481 2.1f 577 2.54 882 2.91 748 3.29

o MACADAMIA NUTS bI 4,400 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00

PAPAYAdI 5,000 48 0.23 83 0.32 70 0.35 78 0.38 82 0.41 89 0.44

PASSION FRUIT 10,000 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00

lEAFY VEGETABLES 4,725 291 1.38 280 1.32 240 1.13 208 0.87 177 0.84 152 0.72

SOLANACEOUS & CUCURBIT CROPS dI 8,700 241 1.82 274 1.84 330 2.21 385 2.58 441 2.85 496 3.32

- - -

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!RANSMISSION REPORT

THIS DOCUMENT COULD NOT BE

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ABOVE)

f=~t RE_M_O_T._E_3T_A_:_~_:_l:_3_:~:~ f_9_~ ::;_T __ ~_~=~=:=3=P=M=:===D=U_R-O A=, :=~=~=, N=::===-__ ~ ___ o_:_:_:_:_E_:_: ____ J TOTAL o

XEROX TELECOPIER 7020

t1 hAlA~-~ ~<t1..(..- "'of '. VN vV

V Neo....- F "f1 o~ r,...e 10HNWAIHEE

GOVERNOR OF HAWAII

MEMORANDUM

TO:

STATE OF HAWAII

DEPARTMENT OF LAND AND NATURAL RESOURCES

STATE HISTORIC PRESERVATION DIVISION 33 SOUTH KING STREET, 6TH FLOOR


August 12, 1993

Rae M. Loui, Deputy Director ~ission on Water Resource Management

FROM: ~ Don Hibbard, Administrator

SUBJECT: Historic Preservation Review Application for Eainalu Ranch Puelelu (Waialua), Molokai TMlt: 5-7-03: 62

KEITH AlIVE, CllAlRPERSON BOARD OF lAND AND NATURAL RESOURCE

DEPUTIES

JOHN P. KEPPELER II DONA L. HANAIKE

AQUACULTURE DEVELOPMENT PROGRAM

AQUATIC RESOURCES

CONSERVATION AND

ENVIRONMENTAL AFFAIRS CONSERVATION AND

RESOURCES ENFORCEMENT

CONVEYANCES

FORESTRY AND WlLDUFE HISTORIC PRESERVATION

DIVISION lAND MANAGEMENT STATE PARKS WATER AND lAND DEVELOPMENT

"7"', (,,1:;:)

LOG 1'fQf?, 8829-' DOC tio," :':', 930~G09")J

c:) 'or', ')

; '1 .. , ..

~",

"0

[,1

We have no objections to this application. This is an existing well facility and we believe that the use of water from this well will have "no effect" on historic sites.

Please contact Annie Griffin at 587-0013 if you have any questions.

AG:lll

o

DEPARTMENT OF ~t~ ~;~~~t!JRk. riM.~~VE!) COMMISSION ON WATER RESOURCE MANAGE~.lt1EtfOT -S -.. 8.'-'.

. Honolulu, Hawaii SJ Jll J r V

JUl 1 1993

MEMORANDUM

TO:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation and Management

, atural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Director¥1 fjJ( Request for Comments \ v -

Water Use Permit Application Waialua Ground Water Management Area, Molokai

Transmitted for your review and comment is a copy of a water use permit application for Kainalu Ranch for Well No. 0546-02. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please return this form by July 30. 1993.

If you have any questions regarding this application, please contact Roy Hardy at 587-0274.

LN:ko Attachment(s)

Response: Contact person: ___________ _

JUL 9 1903

( ) We have no comments (.{' We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: c2 V'~7<€-

Phone: _____ __

Date: )' //?,/F...3 7

~(LI hi

lP----,.,-,-"-'- Ir,jl'

--------"'----------" -_ .... _-

JOHN WAIHEE

GOVERNOR OF HAWAII

REF:WRM-KO

o Q

Sj JJ! ... Z3 p 4: 31 J~L C STATE OF HAWAII


:~~MI~~l'IiIt()NI WATER RESOURCE MANAGEMENT i '0," ".~' - - -- , ,

(';.: ;~, F:r: f)f}~T P. O. BOX 621 0' __

HONOLULU. HAWAII 96809 -Jut 2 1993

jlfoV~'

KEITH W. AHUe

CHAIRPERSON


RICHARD H. COX. P.E. GUY K. FUJIMURA

J. DOUGLAS lNG, ESQ.

RAE M. LOUI. P.E.

DEPUTY

MEMORANDUM RECEIVED JUL 0 7 1993

TO: ,/ Mrs. Hoaliku L. Drake, Director

FROM:

Department of Hawaiian Home Lands

Dr. John C. Lewin, M.D., Director Department of Health

Mr. Clayton H. W. Hee, Chairperson Office of Hawaiian Affairs

Keith W. Ahue, Chairperson (\ J tv-Commission on Water ResOu~~~agement

~ ..

SUBJECT: Water Use Permit Application et(NI W(}.(y. Waialua Ground Water Management Area, Molokai


We would appreciate your review of the attached application and please return. this form by July 30. 1993.

Additionally, for your information, the deadline to submit a ground water use permit application for existing uses from existing wells in Windward Oahu and the island of Molokai is July 15, 1993. We respectfully ask that you publish this information in any of your public newsletters, bulletins, etc. This additional help would be greatly appreciated.


Attachment(s)

-------_.'--'"-

o Memorandum to:

Honorable Hoaliku L. Drake Dr. John C. Lewin Mr. Clayton H.W. Hee

Page 2

o JUL 2 1993

Response: Contact person: Ben Henderson, Planning Office Phone: 586-3836

QcQ We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: _~ ___ /o_~ ___ "'--______ _ Date: _?,.....:..~_~_~_~_3 __

-

o ~e .(". ~. " '.! !:" ,,0 , I;, t- -.. '. . ,! - ... - ....

IN THE MATTER OF

PUBLIC NOTICE D3 JUL 20 pf2: I 9 Applications for Water Use Permits Ground Water Management Areas

AFFIDAVIT OF PUBLICATION t"(: .. i~: :.', -,;. • i· ,"- ", = ~"'!! f

PUBLIC NOTICE Appllcatlona tor Water U.e'.rmlt Grou~d Water, Manaa,ment . A,rea •. Applications for the following water use permits

have been received and are hereby: made/ublic, iii accorilance with Department of: Land.an Natural Resources Admiriistrative Rbles 13-'171;' ·"nesigna. lion and Regulation of Water Management Areas." LW Holt Well (Well No. 3654-0%) . . .' • Applicant: Lemon W. Holt . . : . . . 3789 Kumulanl Place ' , . ' .. :. Honolulu, HI 96822 '. . Date Completed Application Recel.ved:

June 14, 1993 .' . Aquifer: Koolauloa System, Wlndwai-d Sector, Oahu Well Source: LW Holt Well,Well No. 3654-02, 53·007

Halal PI. Hauula, Oahu at Tax ~p Key: 5-3·15:25 Quantity Requested: 1,600 gallons per day, EXisting Water Use: Irrigation of 1 acre of coconut k~s .'.".

Place of Water Use: 53-007 Halai Place Hauula, HI 96717 at Tax'Map Key: 5-3·15:25 '. '. ~,.

Ota Well (Well No. 3453-03) '" I

Applicant: Gentaro Ota . '.' P.O. Box 661

. . Kaaawa, HI 96730 Date Completed Application Received:

June 14, 1993 . Aquifer: Kahana System Windward Sector, Oahu Well Source: Ota 'Well, Well No. 3453·03, Punaluu,

Oahu at Tax Map Key: 5-3:5:6 Quantity Requested: 6,000 gallonsrer day . Existing Water Use: Irrigation of acres of bananas

& vegetables . . Place of Water Use: Punaluu at· Tax Map Key:

5·3·5:6 . Puelelu Well (Well No. 0546-02) Applicaut: Kainalu Ranch .

. Star Route Box 320 Kaunakakai, HI 96748 . " ,

Date Complete~A.pplic;lltlo~ Received; ... ~ June 9, 1993 .. ;'.,;" y ::~ '.::-1:;:; .:\'::, .. ' :::'1~'; "

Aquifer: Waialua System; Southeast Sector; Molokal Well Source: Puelelu Well, Well No. 0546·02,

Kainalu Ranch, Molokai at Tax Map Key: 5-7·3:62 Quantity Requested: 200,000 gallons per day New Water Use: Domestic use for future 1 to 5

units; irrigation of 200 acr~of fruits, vegetables, and flowers \!

Place of .Water Use: Kainalu Ranch at Tax Map Key: 5·7·3:62 . ' . Written objections or comments on the applica.

tions for water use permits may be filed by any person who has property interest in !lnY.land within the hydrologic unit of the source of water. supply, any person who will be directly· andimmediafely affected by the proposed water lise, 'or any other interested person. Written objections shall: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which oblections are taken; and (3) state all grounds for objections to the proposed permits. Send. ~ritten objections by July 30, 1993 to 1) the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809 and 2) a copy of objection leUer(s) to the applicant at theabov~ address.

COMMISSION ON WATER RESOURCE MANAGEMENT RAE M. LOU! . . For KEITH W. AHUE '.' Chairperson

Dated: JUNE 25, 1993 ' ._- - - ... ... .. #I 'II 1'\1\1'1\ " lC'n_DnA9\

E~:;C:: :;,;- ! ... ,', ~.;i'r STATE OF HAWAlI ' .. , City and County of Honolulu

................. !.l:~.::~.~9. ... ~~~.~~~.~~ ............................ , being duly sworn, deposes and says that she is a clerk, duly authorized to execute this affidavit of the HAWAII NEWSPAPER AGENCY LIMITED PARTNERSHIP, a partnership of GANNETT PA.CIFIC COP.POR-tTION, publisher of THE HONOLULU ADVERTISER, and LIBERTY NEWSPAPERS LIMITED PARTNERSHIP, publisher (If tile HONOLULU STAR-BULLETIN, that said newspapers are newspapers of general circulation in the state of Hawaii, and that the attached notice is a true notice as was published in the aforereferenced newspapers as follows:

The Honolulu Advertiser: ............................ times, on .......................... ..

Honolulu Star-Bulletin: ....... J·W9 ........ times, on ..................................... .

................ J.H.~y .... ~.I. •••• lR., .... J.9.~.3 .......................................................... .

Sunday edition of The Honolulu Advertiser: ............. times, on ............ .

and that affiant i 'not a party to or in any way interested in the above entitled m tt~r. _

\ '-\, ;; '11 I. 1/ , . ..................... ~ ..... -::(.{.~!.Ir.£J. ..... .!{ •. (.l/L.{.l../l.'.t.,(~.:'.(;;6. ..................... .

Subscribed and sworn to before me this .... ~.~~.~. day of ..... .'l.Mly. ....... A.D. 19 ... ?.~

....................... L.~~.re: ... Lh:la&u~ .. ~.~ ....................... . Notary Public of tht First ludi i I Cireu;t,

S/att of H~w.aji. amh 7) -mq,r, My commIssIon txpITtS .............................................. : .............................. ..

----------------_ .~jtf_

t

State of Hawaii t~ llll Pf:PWfv1&fiif OF LAND AND NATURAL RESOURCES 'oj'; Vv1.. ttJ~sI<!lM ON WATER RESOURCE MANAGEMENT

Honolulu, Hawaii <::..\ ,,: - ~ , . JUL I 1993

MEMORANDUM "93 -1

TO:

FROM:

SUBJECT:

Aquatic Resources F I.; r:-Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Directo~fjJ( Request for Comments \ v -


r-, ~.

j.:: -:-




LN:ko Attachment(s)


( ) ( )

M ( )

We have no comments We have no objections Comments attached Additiona inf~ tion requeste .

Signe :/~~~_~~ __________ _

Phone: ________ __

Date: _,_j'_,t_I __ 2_,_, _'/'_' _

o State of Hawaii

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

Honolulu, Hawaii

JUL 1 1993

MEMORANDUM

TO: Aquatic Resources Forestry and Wildlife Historic Preservation Land Management

FROM:

SUBJECT:

l1atural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy DirectorVtMA

Request for Comments \ v -

Water Use Pennit Application Waialua Ground Water Management Area, Molokai

Transmitted for your review and comment is a copy of a water use pennit application for Kainalu Ranch for Well No. 0546-02. Public notice of this application will

. be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.



LN:ko Attachment(s)


( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: _______________ _

Phone: ------

Date: ________ _

o Rr'('Clv~n . c. ,- , -. . ... - '--' State of HawaIi

DEPARTMENT OF LAND AND NATURAL RESOURCES ~llS~ijlNftIJ:~R RESOURCE MANAGEMENT

t,I . Honolulu, Hawaii .

I 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

Rae M. Loui, Deputy Directo~~ Request for Comments \ v -


..

Transmitted for your review and comment is a copy of a water use permit application for Kainalu R.a1i.ch for Well No. 0546-02. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9. 1993 and July 16. 1993.



LN:ko . AttachmentCs)

"", ... ",

..... , ........ , ..... ,.,'

Response: Contact person: S"ttve, L~a:<W0- Phone: ~7 -(l3as-C ) We have no comments 77te sttJ&ed wellS/ie I t'clt!¥/-A~ecl P.S ~~ C ) We have no objections of T/t1t(: S-7-03; 6) ) IS nof /(}(Q1ed W;/f,I"~ Cyf Co~ents ~ttached. -I1te C(Jn.93rVt'l~ .0.6:1,..., cr. C ) AddltlOnal informatlOn requested ( .) Exte~eriOd requested

SIgned: ~ c c;c.s?1J Date:

o o State of Hawaii

Department of Land and Natural Resources DIVISION OF AQUATIC RESOURC~ J1. 8

July 8, 1993

p3: 27

MEMORANDUM

TO

FROM:

SUBJECT:

Rae M. Loui, Deputy Director Commission on Water Resource Management

Henry Sakuda, Administrator ~ Division of Aquatic Resources

Comments on Water Use Permit Application for Kainalu Ranch for Well No. 0546-02 for the Waialua Ground Water Management Area, Molokai

The application involves pumping 200,000 gallons per day of basal water from a well located at approximately 500 feet in elevation above Pauwalu for irrigation and domestic purposes.

Two streams in the area, Waialua to the east and Honomuni to the west, provide important habitat for native amphidromous biota, including Lentipes con c%r, in their upper reaches. These streams may represent a unique ecosystem type that should be preserved. Although we believe the well is far enough removed from these areas to eliminate any significant risk of dewatering of these valuable habitats by the well, the opinion of qualified geologists is needed to confirm this supposition. If dewatering of these streams is deemed to be a possibility, well tests and stream flow (or pool) monitoring should be required to assure that the existing stream habitats and their associated biota are not lost.

I

t£.N .• '~ .. 'N-J \A' ",

------------ ._-----."._-

MEMORANDUM

TO: Aquatic Resources Forestry and Wildlife Historic Preservation Land Management Natural Area Reserve System Office of Conservation and Environmental Affairs State Parks Water and Land Development Other Interested Parties

FROM: Rae M. Loui, Deputy Director¥1A)J(

Request for Comments \ v .

Water Use Permit Application SUBJECT:

Waialua Ground Water Management Area, Molokai


We would appreciate your review of the attached application and please return this form by July 30, 1993.


LN:ko Attachment(s)

Response: Contact person: ELLEN KRAFTSOW/DANA DE Phone: 243-7835 SORS

(fl We have no comments ~ We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requ ste

avid R. Craddick, Director DEPARTMENT OF WATER SUPPLY

---------------------------___ '~-I.I-

o

~, . . . .~

o

I -...

JOHN WAIH~E

o o 4:~~"<#-,-.(. r-. (}J ()~ - 6--(,.

KEITH W. AHUE

GOVERNOR OF HAWAII CHAIRPERSOI.l

JOHN C. LEWIN. M.D.

STATE OF HAWAII ROBERT S. NAKATA

RICHARD H. CO.(. P.E.



GUY K. FUJIMURA

J.DOUGLASING. Esa.

P. O. BOX 621


RAE M. LOUI, P.E.

REF:WRM-KO

JUL 2 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Mrs. Hoaliku L. Drake, Director Department of Hawaiian Home Lands

Dr. John C. Lewin, M.D., Director Department of Health

Mr. Clayton H. W. Hee, Chairperson Office of Hawaiian Affairs

Keith W. Ahue, Chairperson (\ J I'v-Commission on Water ResouMl~~agement Water Use Permit Application Waialua Ground Water Management Area, Molokai



DEPUTY

Additionally, for your information, the deadline to submit a ground water use permit application for existing uses from existing wells in Windward Oahu and the island of Molokai is July 15, 1993. We respectfully ask that you publish this information in any of your public newsletters, bulletins, etc. This additional help would be greatly appreciated.


AttachmentCs)

o Memorandum to:

Honorable Hoaliku L. Drake Dr. J oIm C. Lewin Mr. Clayton H.W. Hee

Page 2

o

Response: Contact person: _____________ _

( ) We have no comments ( ) We have no objections ( ) Comments attached ( ) Additional information requested ( ) Extended review period requested

Signed: ____________________________ ___

JUL 2 1993

Phone: __________ __

Date: ------------

JOHN WAIHEE

GOVERNOR OF HAWAII

REF:WRM-KO

o o



P. O. BOX 621

HONOLULU. HAWAII 96809

JUL 2 1993

Honorable Linda Crockett Lingle, Mayor County of Maui 200 South High Street Wailuku, HI 96793

Dear Mayor Lingle:

Notice of an Application for a Water Use Permit Waialua Ground Water Management Area, Molokai

KEITH W. AHUE

CHAIRPERSON

JOHN C. LEWIN. M.O. ROBERT S. NAKATA

RICHARD H. COX. P.E. GUY K. FUJIMlJRA

J. DOUGLAS lNG, ESQ.

RAE M. LOUI. P.E.

DEPUTY

In accordance with the Department of Land and Natural Resources Administrative Rules, Section 13-171-17(a), we are sending you a copy of the public notice for the water use permit application for the Kainalu Ranch for Well No. 0546-02, which will be published in the Honolulu Star Bulletin.

In addition, Section 13-171-13(b) of our Administrative Rules states:

"Within sixty days after receipt of notice of a permit application, the county shall inform the commission if the proposed use is inconsistent with the county land use plans and policies."

We have enclosed a copy of the application for your review and would appreciate receiving your comments, within the next sixty (60) days, on whether this water use is consistent with county plans and policies.

Very truly yours,

~kl---.~ KEITH W. AHUE

Enc.

JOHN WAIHEE

GOVERNOR OF HAWAII

o o



Mr. David Craddick, Director Department of Water Supply County of Maui 200 South High Street Wailuku, HI 96793

Dear Mr. Craddick:

P. O. BOX 621


JUL 2 1993

Notice of an Application for a Water Use Permit Waialua Ground Water Management Area, Molokai

KEITH W. AHUE

CHAIRPERSON


RICHARD H. COX. P.E. GUY K. FUJIMU~A

J. DOUGLAS ING. Esa.

RAE M. LOUI. P E.

DEPUTY

In accordance with the Department of Land and Natural Resource Administrative Rule, Section 13-171-17(a), we are sending you a copy of the public notice for the water use permit application for the Kainalu Ranch for Well No. 0546-02, which will be published in the Star Bulletin.

In addition, Section 13-171-13(b) of our Administrative Rules states:

"Within sixty days after receipt of notice of a permit application, the county shall inform the commission if the proposed use is inconsistent with the county land use plans and policies."

We have enclosed a copy of the application for your review and would appreciate receiving your comments, within the next sixty (60) days, on whether this water use is consistent with county plans and policies.

LN:ko Ene.

Sincerely,

JfJd/;L~ RAE M. LOUI Deputy Director

-+--. "

c o JOHN WAIHEE KEITtfW. AHUE

GOVERNOR OF HAWAII



Mr. William B. Dunbar Kainalu Ranch Star Route Box 320

. Kaunakakai, HI 96748

Dear Mr. Dunbar:

P. O. BOX 621


JUL 1 1993

CHA'R·PERSO ..


RICHARD H. CO~. P.E. GUY K. FUJIMURA

J. DOUGlAS lNG, ESQ.

RAE M. LOUI. P.E.

DEPUTY

Enclosed is a copy of the public notice for your water use permit application for Well No. 0546-02 which will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

please be aware that there may be objections to your application. If objections are made, the objector is required to fIle such objections with the Commission and is also required to send you a copy of the objections.

You, or any other party, may respond to objections by fIling a brief in support of your application with the Commission within ten (10) days of the fIling of an objection. You, or the other party, must also send a copy of the response to the objector.

LN:ko Encl.


Sincerely,

~~ RAE M. LOUI Deputy Director

PUUUC NOTICE

Applications for Water Use Permit Ground Water Management Areas

Applications for the following water use permits have been received and are hereby made public, in accordance with Department of Land and Natural Resources Administrative Rules 13-171, "Designation and Regulation of Water Management Areas".

LW lIolt Well (Well No. 3654-02) Applicant: Lemon W. Iiolt

3789 Kumulani place Honolulu, HI 96822

1)11!£ Completed Application I!eccived: June 14, 1993 Aquifer: Koolauloa Systcm, Willdward Sector, Oahu Well Source: LW Iiolt Well, Well No. 3654-02, 53-007 I I alai PI. Hauula, Oahu at Tax Map Kcy: 5-3-15:25 Quantity Requested: 1,600 gallons per day Existing Water Use: Irrigation of 1 acre of coconut trees place of Water Use: 53-007 Balai place Hauula, HI 96717 at Tax Map Key: 5-3-15:25

Ola Well (Well No. 3453-03) Applicant: Gentaro Ola

P.O. Box 561 Kaaawa, III 96730

Date Completed Application Received: JWle 14, 1993 Aquifer: Kaltana System,. Windward Sector, Oahu Well Source: Ola Well, Well No. 3453-03, PWlalUU, Oahu at Tax Map Key: 5-3-5:6 Quantity Requested: 6,000 gallons per day Existing Water Use: Irrigation of 2 acres of bananas & vegetables place of Water Use: Pwtaluu at Tax Map Key: 5-3-5:6

Puclclu Well (Well No. 0546-02) Applicant: Kainalu Ranch

Slar Roule Box 320 KaWlakakai; HI 96748

Date Completed Application Received: JWle 9, 1993 Aquifer: Waialua System, Southeast Sector, Molokai -Well Source: Puelelu Well, Well No. 0546-02, Kainalu Rancb, Molokai at Tax Map Key: 5-7-3:62 Quantity Requested: 200,000 gallons per day . New Water Use: Domestic use for future 1 to 5 wuts; irrigation of 200 acres of fruits, vegetables, and flowers Place of Water Use: Kainalu Ranch at Tax Map Key: 5-7-3:62

(more)

------------------------"-"._-

Written objections or comments on the applications for water use permits may be HIed by any person who has property interest in any land within the hydrologic unit of the sourc~ of water supply, any person who will be directly and immediately affected by the proposed waler usc, or any olher interested person. Written objections shall: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; and (3) state all grounds for objections to the proposed permits. Send written objections by July 30, 1993 to 1) the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809, and 2) a copy of the objection letter(s) to the applicant at the above address.

Dated: JUN 25 1993


. (~&L;Ja-~ ~y~i\E ~1. LOlli d· KEITII W. AIIUE

Chairperson

Publish in: Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993

, o State of Hawaii

DEPARTMENT OF LAND AND NATUHAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

Ilonolulu, llawaii

JUL 1 1993

MEMORANDUM

TO:

FROM:

SUBJECT:

Aquatic Resources Forestry and Wildlife Historic Preservation I.and ManagC'lllcllt N;lllllal Alea H('s<,)vC Systelll otfice of Conservation and EnviroIUllental Nfairs State Parks Water amI Land Development Olher Interested Parties

Rae M. Loui, Deputy DirectorClMA

Request for Comments \ WatN Usc Pennit Application Waialua Ground Water Management Area, Molokai

Transmitted for your review and comment is a copy of a water use pennit application for Kainalu Ranch for Well No. 0546-02. Public notice of this application will be published in the Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993.

We would appreciate your review of the attached application and please retWll tIlls fUI III by July 30. 1993.

If you have any questions regarding tlus application, please contact Roy Hardy at 587-0274.

LN:ko Attachment (5)


( ) We have no C0l11111Pl11s ( ) We have no objections ( ) Comments at tached ( ) Additional information requested ( ) Extended review period requested

Signed: ________________ _

Phone: ------

Date: ______ _

{,J.<'-._ ........ \j

..-

o

---Mr. David Martin Native Hawaiian Advisory Council

I 1088 Bishop St., Suite 1204 Honolulu, Hawaii 96813

Ms. Rachel Kamakana P.O. Box 145 Kaunakakai, Hawaii 96748

Mr. Matthew Adolpho P.O. Box 153 Hoolehua, Hawaii 96729

Ms. Sarah E. Sykes P.O. Box 370 Kaunakakai, Hawaii 96748

o INTERESTED OTHERS LIST

Ms. Marjorie Ziegler Sierra Club legal Defense Fund, Inc. 212 Merchant Street, Room 202 Honolulu, Hawaii 96813

Ms. Noelani Joy Farrington Ave. Kaunakakai, Hawaii 96748

Mr. \Jayne Meyer P.O. Box 454 Kaunakakai, Hawaii 96748

Mr. David Craddick, Director Department of \Jater Supply County of Maui 200 South High Street \Jailuku, Hawaii 96793

fI'. o o· RF.~F"\!.r."n State of Hawaii ....... ~

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON -e JV:SCiff:'Etf1ANAGEMENT

Honolulu, Hawari'

,. -JMINISTRATOR . tSS'i .~~MIN.

'" nEV. SR. _ Pl.GN SR. MEMORANDUM

TO:

FROM:

SUBJECT:

- RES. MGT. SR. Aquatic Resources --- pj~OJ CONTROL Forestry and Wildlife-- sw REC. PLAN.

-_.. CLE?'!CAL STAFF Historic Preservation_ MiMIN. ASS'T.

Land Management -- MI[,HIlEOLOGISTS

Natural Area Reserve System _ CIRCULATE/POST Office of Conservation and Environmental Affairs - GfjMMENTS & REC. State Parks ---- DRAFT REPLY

FILE Water and Land Development f!i!J0W UP

Other Interested Parties ;~if:J .' 'H {DUE __ .... ~

Rae M. Loui, Deputy Directo~ .", ., fJ-,L,;U (;()py TO' ___ _

Request for Comments Water Use Permit Application Waialua Gr~und Water Management Area, Molokai




LN:ko Attachment(s)

Response: Contact person: g; lJ1fv\ )J~ (~we have no comments ( ) We have no objections ( ) Comment ttached ( ) Addition I . ( )

Signed: ----¥---I-----,/I--J..::::::::::=::::::::::.:..-

Phone: SC61 t>2--1V

Date: _ ........ '"""---+--11--_

------------ .. ---........ .

o o

[

o ~

~A.w\.. - UoO'~ \ AppUcarlo%UI for 'Wa".r U •• P.nnit , (lJ O;g:!Und 'WaU'r M_nnacment Ar... '01.t

f'ollovvlnS __ .tar u.e. pennit. have been received and are hereby ()v(!.w.1,6 'W'ith Departu'1ent of Land and Natural Resource. Adu11n1atradve and Reguladon. of 'W.t:ar ManaSenJ.en.t Ar...... . ~;.; r-l&l~

") ( 3 (,') '\ ' D--1\ Place ._)

968~

(znore)

TRANSMISSION REPORT

THIS DOCUMENT· WAS SENT

(REDUCED SAMPLE ABOVE)

** # COUNT ** 3

*** SEND *** ~~o REMOTE STATION 1. D. START TIME DURATION #PAGES COMMENT

I 1 808 5257449 6-25-93 3:47PM l' 55" 3 L

TOTAL 0:01 '55" 3 XEROX TELECOPIER 7020

PUBUC NOTICE


D

Applications for the following water use permits have been received and are hereby made public, in accordance with Department of Land and Natural Resources Administrative Rules 13-171, "Designation and Regulation of Water Management Areas".

LW Holt Well (Well No. 3654-02) Applicant: Lemon W. Holt

3789 Kumulani Place Honolulu, HI 96822

Date Completed Application Received: June 14, 1993 Aquifer: Koolauloa System, Windward Sector, Oahu Well Source: LW Holt Well, Well No. 3654-02, 53-007 Halai PI. Hauula, Oahu at Tax Map Key: 5-3-15:25 Quantity Requested: 1,600 gallons per day Existing Water Use: Irrigation of 1 acre of coconut trees Place of Water Use: 53-007 Halai Place Hauula, HI 96717 at Tax Map Key: 5-3-15:25

Ota Well (Well No. 3453-03) Applicant: Gentaro Ota

P.O. Box 561 Kaaawa, HI 96730

Date Completed Application Received: June 14, 1993 Aquifer: Kahana System, Windward Sector, Oahu Well Source: Ota Well, Well No. 3453-03, Punaluu, Oahu at Tax Map Key: 5-3-5:6 Quantity Requested: 6,000 gallons per day Existing Water Use: Irrigation of 2 acres of bananas & vegetables Place of Water Use: Punaluu at Tax Map Key: 5-3-5:6

Puelelu Well (Well No. 0546-02) Applicant: Kainalu Ranch

Star Route Box 320 Kaunakakai, HI 96748

Date Completed Application Received: June 9, 1993 Aquifer: Waialua System, Southeast Sector, Molokai Well Source: Puelelu Well, Well No. 0546-02, Kainalu Ranch, Molokai at Tax Map Key: 5-7-3:62 Quantity Requested: 200,000 gallons per day New Water Use: Domestic use for future 1 to 5 units; irrigation of 200 acres of fruits, vegetables, and flowers Place of Water Use: Kainalu Ranch at Tax Map Key: 5-7-3:62

(more)

o Written objections or comments on the applications for water use pennits may be filed

by any person who has property interest in any land within the hydrologic unit of the source of water supply, any person who will be directly and .immediately affected by the proposed water use, or any other interested person. Written objections shall: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; and (3) state all grounds for objections to the proposed pennits. Send written objections by July 30, 1993 to 1) the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809, and 2) a copy of the objection letter(s) to the applicant at the above address.

Dated: JUN 25 '993


E M. LOUI KEITH W. AHUE Chairperson

Publish in: Honolulu Star Bulletin issues of July 9, 1993 and July 16, 1993

--------------------,,_._--

- STATE O~JilAWAIl i

REQUISITION & ·Pl'J.t:HASE ORDER

DEPARTMENT OF lAND AND ~ruw.. RESOURCES CWRM ORGANIZATION FUNCTION AND ACTIVITY

NOTICE TO VENDORS Conditions of purchase are listed on the back side of this purchase order. Please read carefully. Payments may be delayed if all steps are not fOllowed.

Hawaii Newspaper Agency Honolulu Star Bulletin

P.O. Box 3350

Honolulu, HI 96801 Attn: Legal Ad The State of Hawaii is an EQUAL EMPLOYMENT OPPORTUNITY and AFFIRMATIVE ACTION employer. We encourage the participation of women and minorities In all phases of employment.

;.,,9UAN. UNIT DESCRIPTION

PUBLIC NOTICE


C35437 IJ 062593 Date ________________ _

Deliver Before ___________ . __

DELIVERY ADDRESS COMMISSION ON WATER RESOURCE MANAGEMEli i Department of Land and Natural Resources 1151 Punchbowl Street; Room 227 Honolulu, Hawaii 96813

BILLING ADDRESS

COMMISSION ON WATER RESOURCE MANAGEMnli Po O. Box 621 Honolulu, HawaD 96809

OBJECT UNIT PRICE

750.00

Publish in issues of July 9, 1993 & July 16, 1993

V/ -~( fi A rr/\I\~ '-d!»~L/~\ v· U 587-0225

Roy/Kay ~ TELEPHONE REQ~ TIONER

GOODSISERVIcES RECEIVED IN GOOD ORDER AND CONDITION BY DATE

VOUCHER NUMBER

AUTHENTICATR BY~ _ Q ~'--=:-~~~--~~'----~

A. FURUUCHI AUTHORIZED SIGNATURE

••• II-_____________ F_O_R_D_E_P_A_R_T_M_E_N_T_U_5_E_O_N_L_y __________________ •. _ ... __

r==~~::::V~E§:N~DO#.R~~~~n-------------------------------------_.,._.

1---;:;NU;-;;M~B~ER~==r-;;-SF~X:-r----1I-------------------·-,-------------.. ----.---... ----

I-1lXlSXl!X;]XL;X!US.XlSXlSX.lXL;X~X!US.X+-_-lII-----------------------------------.----..... -

117494 00

SFX TC F VR APP

XX XXX X xx xxx Ul {)21 G 93 p44

11------------------------------------------_·_--

D OBJECT CC PROJ NO.

xx XXXX XXXX XXXXXX

C 4000 0726 000000

PH ACT ESTIMATED COST

xx xxx XXXXXXXXXXX IXX

00 075 750 100 I I I

I I I

I

COpy #1 - VENDOR

ACTUAL COST M R OPT DEPT DATA

XXXXXXXXXXXIXXX X XXXXXXXXXXX I

I I I I I

I I

STATE ACCOUNTING FORM C·03 JULY 1. 1983 (REVISED)

--------~----- .. _ ..... _-

JOHN WAIHEE

GOVERNOR OF HAWAII

o o




Dear Mr. Dunbar:

P. O. BOX 621


JJN 22 1993

Application for a Water Use Permit Waialua Ground Water Management Area. Molokai

KEITH W. AHUE

CHAIRPERSON

JOHN C. LEWIN. M D. ROBERT S. NAKATA

RICHARD H. COX. P.E.

GUY K. FUJIMURA

J. DOUGLAS ING. ESa.

RAE M. LOUI. P.E.

DEPUTY

We acknowledge receipt, on June 9, 1993, of your completed water use permit application for the Puelelu Well (Well No. 0546-02). You can expect your 'application to be processed within ninety (90) days from the date of receipt unless there are objections to your application.

We will be sending you a copy of the public notice for your application and any further information regarding the status of your application. In addition, we may need to visit and verify your proposed water source and use sites if we have not done so aheady under our registration program.

LN:ky


Sincerely,

~fi~ i jRAE M. LOUI Deputy Director

--YI~ / ,pp ---- -[)() 0 00

--

--

----

--'~-

s:

--

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-

--

/ 0')41.::>- 0 \

DEPARIJvIENr OF lPND ftJ--D /{I).I Ur~L RESOURCES V

. UAC OR ATTACIlED HORKSHEET DATE: May 28, 1993

sr~c/ -_.- - -=J

COSl o IX) erR PROJECr Pit ACt N'0Lkll' NN'-1E/OESCR I PIlON (WfWG INPun _._---1026 0726 (1) $25.00 Wm. B. & Vera B. Dunbar ---- ---- ------ -- --- --------------------

(2) ---- ---- ------ -- --- --------------------(3) ---- ---- ------ -- --- --------------------(4) ---- ---- ------ -- --- --------------------

TOTAL $25.00

-->--- - ---.

LINE (1) Water Use Permit

LINE (2) 06/01./93 *OIJOB* CHECI< 25.00 LINE (3)_

I Tl'lE.J..!.:c)

~ CllnSSION ON WATER RESOURCE MANl~ FROM: __ --+\-_______ DATE: ~o/ )ij FILE IN: ___________ _

TO: INIT:

G. Matsumoto E. Sakoda Y. Shiroma E. Hirano

__ D. Higa G. Bauer R. Rozeboom

-4-- R. Hardy . ( _.J' '- - fU- ~ f~

R. LOUr s. KOKUBUN M. TAGOMORI L. Nanbu

PLEASE:

See Me Call Review & Comment Take Action

__ Investigate & Report Draft Reply

__ Acknowledge Receipt __ Type Draft __ Type Final __ Xerox __ copies

FOR YOUR:

Approval Signature Information

REMARKS:

<!~1c/4t?:> ~J... :&,... ~' L \~ It\:b ~'1>..vur: W

() 1 •

0; •

•• , \ -.

State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

APPLICATION FOR WATER USE PERMIT

, Ground Water or 0 Surface Water Instructions: Please print In ink or type and send COfY1)Ieted application with attaclvnen1B to the Cormlisslon on Wet« Resource Management P.O. Box 621, Honolulu, Hawaii 96809. Appllca1ion rrost be lICCOJTl)anied by a non-refundable filing fee of $25'.00 payable to the Dept of Land and Natural Resources. The Cormlisslon may not accept incomplete applications. For 888istance, call the Regulation Branch at 587-0225.

1.

2.

3.

4.

5.

6.

7.

8.

(a) APPUCANT (b) LANDOWNER Firm/Name k~'/4//I~ ~;u erA Firm/Name /PJ/j,"'m /a. r3v;r.),j","<') Contact PeJ8QII fIh· SJ'F'R.J.7...( Contact ~ pb • ..rS4'-~ .l7<t. Addr ... a.,)C..-.- Po",)2c:.... 23~Y .:!.,.).{) Addr ... Yb.as:.. /t?6""ic.- §Sox .J';CJ • _ &nw .... h~;t=~/c ;:;%', ~e:..z¢~ k;p.H&./9k._;{:,,~ , /"7/. f~ Z4S-' "",\.0\\ ,4 .... ~~~~· t;;1."}~1..~).,.- --~-.'"" .. ~ __ .~~-_~.~_. __ •. __ --=-~ __

V1hTEfi r."A.\jIGb~fj~i,-r Afii.:A: _ ~ n,. /9 /L.J ...a. i~l.A ~u:j~'lktbA4' V"a)a...\v..-

(a) EXISTING SOURCE NAME AND STATE NUMBER: ZJ u eft Iu /t/"..// CJ~"'" -<L , - 0 )... (well or stream diversion name/number)

(..;.;)

(b) PROPOSED (NEW) SOURCE NAME: ------------~?'O?:_tt:'f'!-.,------I.L..:.;:'.':__-__ --f"';':<::' ~ " J::' -~~,'::: ~ rn

SOURCE LOCATION: Address /<~/P/J/v Ji?».gc,t ~:i~ap ~J'-7:,!3-~2 (Attach a USGS r' scale 1"=2000', and • property ~ showing aourceloca1lon referenced to ~ ProtMl1Y bou~.)

SOURCE TY~E (check one): 0 Stream Ii' Basal 0 DIke-conftned 0 PercmeJ~,L,;;i~~:, ~ capra;

METHOD OF TAKING WATER (check one): 0 AI1eeIan Flow 6e1 & Pump 0 0IvertecI i~~ Flow :iaOther(~laln) ,,,""', .. 1:1 I'

LOCATION OF PROPOSED W~TER US~' ( po .~ show on same. as aourcelocation. ~,attach _II' maps) (a) Adc:haa lLA\~I .. \A ~-l± Tax MIP K8y 5<±~.o: ~'2-. (b) Land Use Dlslrict(check one~ 0 Urban ~I A !!'~ ~c::onserv~n 0 Rurll.d.=r _ \ ~ '1. 2. ~ a" (e) County ZonIng (de9cribe) ~be,\c... ~ ~<b • ~ ~_ " ~ ?fJJYsEf-~lQ rv 61.0 . ~ .-/

'2;15 I 00 0 ~U) QUANTITY OF WATER REQUESTED: .,.J 0 0 ~ ~ ...., :5 ft- c1 ., gallons per day

9. METHOD OF MEASUREMENT: o Flownwtar g Open-pipe 0 W" 0 Orifice 0 Other (explain)

10. QUAUTY OF WATER REQUESTED: fiTFreah o Bracklah o Salt o Potable 0 Non-Potable

11. PROPOSED USE: 0 Municipal (Inducing hotels, stores, etc.)

o Industrtal

1a'00maetic (Individual, nonconmarcill, etc.) 8'lrrigation

o MIta'y 0 Other(explain)

12_ NUMBER AND TYPE OF UNITS TO BE SERVED (explain): _·-r.---.;;..u_~_u_r_c...I_......;...../_~_"'_' 3) __ tJ-,.-"eJ_I_-/._Y __ _ ~"-'co(!~

~ CD 1(... rRlA,/ - v'et:c-~/t", 13. TOTAL ACRES PROPOSED FOR IRRIGATION AND TYPE OF CROP: (acree) (crop)

14. PROPOSED TIME OF WATER WITHDRAWAL OR DIVERSION: _.;..~_-........:;.Y_/9_-r>=~v-~~~-:::-:-:--::-:~~e~"""" __ _ (\rIdIc8I8a houri of operation)

15. APPUCANT MUST BRIEFLY DESCRIBE FOLLOWING POTENT!,- RESTRICTIONS ON USE: (a) Impact on Sustainable yield (1): ~ /? /' / ~L i;7fi-,/ ",.7 .... 4 - r A] N (b) Permenant or Interim

Instream Aow Standards affected (1): ~?,_",_~":::::....../)-....::6:",;/"""L,--_"v_t::>_-_J __________ _ (c) Hawaiian Home Land uses affected (1): __ A/;...;....:o;.........;;; ..... _-.--______________ _

(d) Other oxlstlng leg£! uses affect9d (1): ""'~(.>-_'"'_D ______________ _ (e) Other: __________________________ _

16 REMARKS, EXPL"NATIONS: ______________________ _

(If mora apace .. needed. conllnUe on baCk Iide)

NOn:: Signing below IndIcatn ttwt the IOPIIc:ant uncMrst8ndt INt.If a -ur use permit II grnad by the Commtlllon on Water RelOl6ce Management. a permit 15 subject to prior exlst1n9 permmed uses. CllanQes In sUltainable ytetds and Inltream flow standards. reserved usel al ddned by the Commission. and HaMitan Home l.AndS future uses, In addition. appIIcanI understands 1tIIt. upon permit approwt. a wet« shortage plan must be IUbmmed shOuld the Commllslon require one.

Applicant ~ V, / /' ... "" ,£ . ..)"...., /"''C lmldawner (p<InI) tV, / /, ,,~ -d. cjv'" /"...,

Signatur "%'k.c..J SIgnature 5L~. ~ Date /17-6- ?>= Date ~ /0 -c-- 9'.Y

For Official Use Only: D"R~ _________ __ Hydrologic Unit No. ____ _ Diversion Works No. ______ _ D.te Accepted, _________ _ Stale Wei No. _____ _

Notice D .... : Public Mayor ____ _ BWS __ _ MIlilList __ _ Bulletin ____ _

. ,_. - - 6/24,<32 WUPA Form

•• . - J '

----------_._-------------------_.-_c-~ __ -_~-__ .~_ - ________________________ _

:(P.1UOO) SNOI.lVNVldX3 'S>n:tVV'43~ 'SL

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Dear Mr. Dunbar:

STATE OF HAWAII DEPARTMENT OF LAND AND ~Al'lJR"At 'RESOURCES

COMMISSION ON WATER RESOURCE .MANAGEPt4J:.tJJT .P.O. BOX 6~1

HqNOLULU, HAWAII 96809 .', . : • ~ "II' .,~, .. "

June 18, 2003

Well Completion Report for Well No. 0546-02

.. -""


MEREDITH J. CHING CLAYTON W. DELA CRUZ CHIYOME L. FUKINO, M.D.

BRIAN C. NISHIDA HERBERT M. RICHARDS, JR.

ERNEST YW. LAU DEPUTY DtRECTOR

OS46-02.wcr2.acc

We received your pump curve for the solar pump installed in the Kainalu Ranch Well 2 (Well No. 0546-02) on June 10,2003 and acknowledge that the Well Completion Report Part II for this well is complete. Other than the continuing water use reporting requirement, the permitting requirements for this well are now complete.

If you have any questions, please contact Charley Ice of the Commission staff at 587-0251 or toll-free at 1-800-468-4644 extension 70251.

CI:ss

c: Paul Frandsen

Sincerely,

~tJ.--L ERNEST Y.W. LfuDeputy Director

/

FROM : DUNBAR BEACHFRDNT COTTAGES FAX NO. : 808-558-8153 06110/2003 T(E 12;07 HX B0853055So Pacitic LlqUlO " .ur ~y~

j'.'

A - 0 ~4-4? - 01...- 'Pu E-LEi-h.-l

Jun. 10 2003 04:54PM P1 1I!:l"1S"; VUU

Performance Curves 25 GPM Model 258

it. il

FLOW RANG~: 18 ·32 GPM

1600

OUTLET SIZE: 1111 U NPT

.,

i .. 25S'OO~2DS (10 HP)

. I ~ · w 4 UJ · & .. C) · ~

[: , . . , . . ,

W :I:

1500

1400

1300

1200 I-- 256 's;..,S 11f2 HP

1100

1000

900

800 i=.o-26 Ii HPl ! I""

700

600 I \

500 f- UN0-15 3 Hp I"" - •

400

~ - - ..II1II.

300 !;= 2581S-9(1'hJotPl

r- 25610.7 (1 HP) 200

!- 2SSG7-6 PI. HP

o o 5

-

.. '. ~ -

10

--I--

L.

,.,

I~

-.. t--;--

• r- ..

15 20

CAPACITY (GPM)

t;E.

NOMINAL DIA. 4"

~l

~'3"50~ I·

:1RPM~ I

1'-

"' ; .

25 30


Mr. Lance M. Dunbar Kainalu Ranch HC-01 Box 901 Kaunakakai, HI 96748

Dear Mr. Dunbar:

o




April 22, 2003

Notice of Commission Action Request for Reconsideration (Well No. 0546-02)

PETER T YOUNG CHAIRPeRSON

MEREDITH J. CHING CLAYTON W. DELA CRUZ CHIYOME l. FUKINO, M.D

BRIAN C. NISHIDA HERBERT M. RICHARDS. JR

ERNEST Y.w. LAU DEPUTY DIRECTOR

Ref: 0546-02.act

This letter serves as your official notice of action taken by the Commission on Water Resource Management (Commission) on the subject application. Bya unanimous vote of the Commission at their meeting on April 16, 2003, the Commission:

CI:ss

Denied reconsideration of its decision on February 25, 2002 regarding Kainalu Ranch and American Drilling.

If you have any questions, please contact me at 587-0214.

Sincerely,

~tJ~ ERNEST Y.W. LAU Deputy Director

FROM: Charley

TO: INIT.

_BAUER, G. _GOODING, K _ FUJII, N. _OHYE, M _ YOSHINAGA, M _ SWANSON, S. _ KUNIMURA, I.

_IMATA,R. _ NAKAMA, L. _HIGA,D. _UYENO, D _ MATHIAS, T

CON( tSION ON WATER RESOURCE MANA1 }lENT

DATE: 1ft:, by- 03 SUSPENSE DATE

TO:

LHARDY,R.

~'ANO'E.

__ ~KODA, E. AKANO, D.

LAU, E DANBARRA S ..

--2". SUBIA, S. It ill' _YODA, K. _CHING, F. _ ANAKALEA, P

FOR:

~Approval ~ Signature __ Information

26Sep02

PLEASE: Review & Comment

__ Type Draft -2-- Type Final

File __ Xerox __ copies

Take Action:

Please See Me \ •

LINDA LINGLE ClQ¥EI'tNOR OF HAWAII

o o

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAl RESOURCES



AGENDA


DATE: TIME: PLACE:

A. CALL TO ORDER

B. ROLL CALL

C. ACCEPTANCE OF AGENDA

April 16, 2003 9:00 am DLNR Board Room Kalanimoku Building

D. APPROVAL OF MINUTES - February 25,2003 meeting

E. CORRESPONDENCE/ANNOUNCEMENTS

F. OLD BUSINESS

PET~~ T. YOUNG CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CRUZ CHIYOME FUKINO. M.D.

BRIAN C. NISHIDA HERBERT M. RICHARDS. JR.

ERNEST Y.W. LAU DEPUTY ClRECTOA

1. Kainalu Ranch, Request For Reconsideration, Findjng Of Violation, PueleluKainalu Ranch Well #2 (Well No. 0546-02), Pump Installation Without a Permit, TMK 5-7-3:62, Waialua, Molokai

G. NEW BUSINESS

1. Oasis Water Systems, REQUEST FOR A VARIANCE FROM THE AQUIFER (PUMP) TEST PROCEDURES, Ke Hoomaka Well (Well No. 1120-34), TMK4-9-11:13, Moloaa Valley, Kauai, Hawaii

2. Adoption Of Water Use Permit Standard Conditions

3. Application for a Stream Channel Alteration Permit (SCAP-357), Kahala Senior Living Community, Inc., Drainage Modifications, WaialaeNui Stream, Honolulu Oahu, TMK (1) 3-5-017:013

4. Application for a Stream Channel Alteration Permit (SCAP-OA-351), Emergency Access Road, Nanakuli Stream, Oahu (TMK: 8-9-01 :02 & 3 and 8-9-06:69)

5. Application for a Stream Channel Alteration Permit (SCAP-354), Board of Water Supply, Construct 16" Water Main, Whitmore Reservoir, North Fork Kaukonahua Stream, Wahiawa, Oahu (TMK 7-1-02:004)

6. Application for a Stream Channel Alteration Permit (SCAP-356), Board of Water Supply, Construct Discharge Structure for, Nanakuli 242' Reservoir, Nanakuli Stream, Oahu, TMK (1) 8-9-08:003)

7. Declaratory Ruling No. DEC-ADM03-S9, Department of Transportation, Highways Division, Stream Clearing Activities

•

•

o o Agenda April 16, 2003

H. REPORTS

1. First Quarterly Report, Implementation of Lalakea Alternative Mitigation Project (LAMP), submitted by Kamehameha Schools.

I. TOPICS FOR FUTURE COMMISSION MEETINGS

1. McCandless Pipeline Water Use Permit Applications

2. Hanawana Stream Dispute Resolution

J. NEXT COMMISSION MEETINGS (TENTATIVE)

1. Wednesday, May 21, 2003

2. Wednesday, June 18,2003

K. COMMISSION'S UPCOMING EVENTS

1. WRRC Seminar on Thursday, April 17, 2003 at MSB 114 from 3:00 to 4:15 pm on "Incorporating Sound Science into Water Quality Monitoring" by Dr. Robert Ward.

2. AWWA Conference from May 14-16,2003.

3. Summit to the Sea Conference in October 2003.

L. ADJOURNMENT

Materials related to items. on this agenda are available for review at our office at 1151 Punchbowl Street, Room 227, and also will be available at the meeting Any person may testify or present information on any meeting agenda item, unless the item involves a proceeding in an existing contested case. In addition, if

you have a legal interest that may be adversely affected by the proposed action, you may have a right to an administrative contested case hearing. You.must make the request for such a hearing either orally or in writing at the public hearing or meeting for which this notice is given. Hawaii Administrative Rules (HAR) §13-167" 52(a).

If you request a contested case hearing, you will have the opportunity to present to the Commission oral or written evidence or testimony or both to establish your standing. You may present your testimony or evidence on standing at the meeting or public hearing described above or, alternatively, at a hearing set by the Commission at a later date.

If you request a contested case hearing either orally or in writing, you must also complete and file (or mail and postmark) a written petition for a contested case with the Commission within ten days after the date of the public hearing or meeting noticed here. Petition forms are available from the Commission. HAR §13-167-52(a).

If you do not make such a request or fail to file a timely written petition with the Commission, the consequence is that you will be precluded from later obtaining a contested case hearing and seeking judicial review of any adverse decision. HAR Chapter 13-167.

UNANTICIPATED EXECUTIVE SESSIONS: Pursuant to Hawaii Revised Statutes (HRS) §92-7(a), the Commission may, upon the affirmative vote of twothirds of the members present (provided the affirmative vote constitutes a majority of the members to which the Commission is entitled), hold an executive session on any agenda item without written public notice if it was not possible to anticipate the need for an executive session in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a).

Disabled individuals planning to attend the public hearing or meeting are asked to contact the Commission at the above address or phone (Kauai) 274-3141 ext. 70214, (Maui) 984·2400 ext. 70214, (Hawaii) 974-4000 ext. 70214, (Molokai or Lanai) 1·80Q-GOV·INHI ext. 70214 or 587-0214 at least three days in advance of the public hearing or meeting to indicate if they have special needs which require accommodation.

i


o o




STAFF SUBMITTAL

for the meeting of the



BRIAN C. NISHIDA HERBERT M. RICHARDS, .JR.



APPLICANT:

Kainalu Ranch HC-Ol Box 901 Kaunakaki, HI 96748

BACKGROIUND:

April 16, 2003 Honolulu, Oahu

Kainalu Ranch REQUEST FOR RECONSIDERATION

FINDING OF VIOLATION Puelelu-Kainalu Ranch Well #2 (Well No. 0546-02)

Pump Installation Without a Permit TMK 5-7-3:62. Waialua. Molokai

LANDOWNER:

Lance M. Dunbar Same

DRILLER:

Paul Frandsen American Drilling (License C13131) P.O. Box 2035, Aiea, HI 96701

On February 25,2003, the Commission on Water Resource Management (Commission) found Kainalu Ranch and American Drilling in violation ofHAR §13-168-12(a), for installing a 140-gpm pump without a permit. No fines were imposed on Kainalu Ranch, but a fine of $250 fine was imposed on American Drilling for a repeat violation.

On March 3, 2003, staff received an undated letter soliciting the Board's (sic) reconsideration of the finding of violation. The letter listed ten points that repeat the discussions of that meeting (Exhibit 1).

Itan F1

o o Staff Submittal April 16, 2003

ISSUES/ANALYSIS:

Neither the Water Code nor the Commission rules specifically allow for a reconsideration of Commission action. However, a reconsideration may be appropriate when either 1) new information comes to light that may not have been part of the original discussion and decision, or 2) if procedurally the decision would lead to an injustice. The applicant's letter requesting reconsideration is simply a "recap of the discussions of that meeting", and staff believes the record clearly shows that neither new information nor procedural injustice occurred.

Another option for the applicant and driller is a request for a contested case hearing, in which case, they would have had to reenter the meeting and ask for it verbally. Staffs understanding of the applicant's desire to keep a low profile in the Molokai community with respect to contentious issues suggests that he might not have considered this option favorably, and in any case, the applicant is aware of this option and did not exercise it on February 25,2003,.

On March 28,2003, the driller finally submitted the missing original and complete application shown at the Commission meeting of February 252003. As Commissioners witnessed at the meeting, the application was dated August 15,2001, not October 16, as was the purported copy of the original faxed to the Commission on November 26, 2002 by the applicant. Also, the original was not time-stamped, indicating it had never been received by the Commission. Therefore, staff could not have "lost" what had never been received. Staff stands on its portrayal ofthe facts in the case and its original recommendation, subsequently amended by the Commission. . ~ (.-, ., ,- ,.I~1, :;\VX o PO! "/'\', . ,..''"'1' .;.".,

, I. ,... '! t, <) 6\'\ y'Wt () 1'1 C ;,'

RECOMMENDATION:

That the Commission:

Deny a reconsideration of the February 25,2003 decision regarding Kainalu Ranch and American Drilling concerning Well No. 0546-02.

Exhibit( s):


~AJ~ - ERNESTY.'W. LAD Deputy Director

1 (Applicant Letter Requesting Reconsideration) 2 (Completed Original Pump Installation Permit Application (PIP A» 3 (Fax of Purported Original PIPA)

2

•

o o Chairman Peter Young RECEIVED ... DLNR-Water Commission P.O. Box 621 Honolulu, Hawaii 96808 03 MAR 3 A 10: 4 9

Re: Kainalu Ranch 2-25-03 meeting COMHISSION ON WA.TER REsotHCE MANAGE'~EHT

Dear Chairman Young

This letter is being written to solicit the Board's reconsideration ofa violation occurring with the installation ofa 140 gpm pump in well #0546-02. I would like to recap the discussions of that meeting in order to present our case for reconsideration.

1. Under HRS 13-168-12 we have the right to install a test pump, which was the 140 gpm pump.

2. Staffwas aware that the test pumping would be conducted with the 140gpm pump and eventually two pumps would be installed, however we would have to apply for the 140gpm pump, if it were to remain in the well.

3. Our documents clearly showed that staff should have had the 140 gpm pump application on 9-4-01, when they receipted our other documents, namely the Well Completion documents that were all·part of the same submission. We delivered the application on that day in good faith.

4. On 10-12-01, staffed issued a letter of "potential violation", which prompted the submission of a second 140 gpm pump application. This was thought to have been delivered again, along with a response letter to Mr. Ice requesting other information, namely a well head elevation.

5. On 11-08-01, I called Mr. Ice and was informed that" I didn't owe anything to the Commission".

6. On 12-07-01 the driller met with Mr. Ice and was told that all was okay. Indeed on 1-07-02, 1-08-02, 1-15-02, 4-01-02, 8-02-02, the applicant was told that all was okay and only the well head elevation survey was missing to finalize the approval. Not once were either of us told that the 140 gpm pump application was still missing.

7. It was not until 11-25-02 that we learned that our two previous attempts to file the proper application had not been received. Clearly during one of the previous numerous attempts to assure compliance someone should have known that a potential violation still existed and should have informed us of such.

8. Admittedly staff has lost documents, and we submit that this could have been one of those times.

9. \Ve have paid the fine so we could move this process along, however we are adamant that we did not break the law and at the very most only a "potentia] violation" might have occurred. We had the right under present Jaw to instal1 the .140 gpm pump and needed only the permit to make it permanent, which we clearly tried to do.

EXHIBIT 1

o o 10. We are not asking for a refund, only that the Commission finds us in

"potential violation" and expunge from our record the "violation" as noted under recommendation A.

Thank you for your time and consideration in this matter and we respectfully look forward to your kindly reconsideration.

Sincerely,

Lance Kip Dunbar Kainalu Ranch Kainalu, Molokai. Hawaii

•

•

State of HAii • • For Official

COMMISSION ON WAT ESOURCE MANAGEMENT Department of Land and Natural Resources" RE, t: IV E D APPLICA TION FOR PERMIT

bly:

Instructions: Please print In ink or type and send CQmpleled application with attachmenls to the ml on Water Resource Management, P.O. BOk 621, Honolulu, Hawaii 96809. Application musl be accompanied by 3 CQpi~s and a non-refundabl.e filing fee 01 $25.00 payable to the Dept of Land and Natural Resources. The _" Commission may nol accepllRCQmpiele applications. For assistance, call the Regulation Branch at 5tltG3l51. I~N N~ WrlTrR For further information and updales to this application form visit http://wwwstateniusldlnr/cwrm IJVf.l1.lI ,I;,. ...

, " . RES88il .: lit' !:

o Well Construction and/or Pump Installation

APPLICANT INFORMATION: (Fill oul all three, if appilcable, and piece a check next to the primary contact)

1. (a) ill WELL OWNER: -"L~a~n",c""e~!:!.D~u~n~b~a~r,--__

Mailing Address:" HC 01 Box901 Contacl Person: ~K;..:i:Jp,"-___ _

Kaunakakai,Hi" 96748 Phone:

Fax:

(b) 0 LANDOWNER: Same E-mail: __

Contael Person: ______ _ Mailing Address:

-...:::.;=0-____ _ P~e: _________ _

Fax:

(c) Jil CONTRACTOR: American Drilling E-mail: _________ --____ ~ _______ _

Mailing Address: Box 2035 Aiea, Contact Person: Paul Frandsen P~e: 685- 614 5

Hawaii 96701 Fax: E-mail: _________ _

Llc#: C 5e 1~~ "3' (cirCle one: C-St. C-Ma, or A)

WELL & PUMP INFORMATION: (Please fill in the diagram on the back of this form.)

2. WELL NAME: PUQ1Ql'l 1{aillalu RallcQ Island: Mo]oka; HC 01 Box 901, K'kai 96748 Tax Map Key: --.5..- -~ -~: 062 -....;.;;~...;;....'--=.:.:......:...:....:....L.....:.:......;.:;=~:.....:...:.....:..::.... . ~ ----sec- --pJjI l'arcel

Attach the relevanl pprtIon of (a) a 7.5-MinUle Saries USGS topographic map (scale 1:24,000) and include the name of the quad map, and (b) a

Address

property tax map, showing well location referenced to established properly boundaries.

3. PROPOSED WORK: 0 Construct New Well " (chBck aU that apply)

KI Modify Existing Well·

o AbandonlSeal·

-Ii Install New Pump·

o Modify Pump·

·Stale Well No.: 2 - 0 5 4 6 - 0 2 (If unknown, piaase call Commission al 587-0225) ----------------4. CONSTRUCTION: Ii Drilled o Dug o Shaft o Tunnel

Is this well part of a battery of wells? DYes ii1No (Please describe)

5. PROPOSED PUMPING RATE: gallons per minute -----=i11...o!4Kl9>-.---6. PROPOSED USE:

(check aU that apply) o Municipal (Including hotels, stores, etc.)

5t Domestic (individuaf, noncommercial water system)

o Industrial

Does lhis well serve 25 or more people al 18881 60 days per year or have 15 or more Hrvice conneCtIons? 0 Yes 0 No

!XI Irrigation (crop) reforestat; on; ka la, floweR No. of Acres: __ .... 1...;;5 ... 0"'-___ _

o Military 0 Other (explain): Not to exceed daily allocation set by Lthe water Re

2s0

00urogg Mana9~~~~;perday 7. (a) PROPOSED AMOUNT OF WITHDRAWA : «

(b) METHOD OF FLOW MEASUREMENT: 0 Flowmeter ijl Open-ppa eor lOW' 0 Orifice 0 Other(explaln)

OTHER IMPORTANT INfORMATION:

8. LEGAL REQUIREMENTS: 0 COUP o SMAP o EIS OEA Ii None o Other (explain)

9. REMARKS, EXPLANATIONS:

(H more space Is needed, Please attadi additiOll8l sheet)

I understand thaI approval o/this application altaches the follc:'wlng standard cond'.1ion • = report within 60 deys after the compietion dete o! the approval dale; 2) the contractor shall submit to the Comm,ssion a well compi~tio~a)~~ prayaf shaN nol constitute. determination of correlative the permitted work: 3) monthly water use data shall be submitted to the Commlss~, 4 p city waler righls and shall nol guaranlee the pump capacily or future use up to the pemlltted pump capa .

. "" s' 1) the sed work Is to be compleled within two (2) years of

Well Owner ---' ....... ..,k4l.Ul\9,ii~----(prinlleglbly)

Signature

Date

Landowner --L......,...,1~~~-- Contractor p!9vi lj./Ut-l.s~ l{ (print fegibl~) (prinllegibly) .4" ~ r-.. __ ~~~~===--Signatu,. vSignature

Date Date

For official use only Latitude Longitude

Aquifer System No. ------- State Well No.

WCPIPA Form 10125100

EXHIBIT 2

o lQ. PROPOSED WELL SECTION

(Please attach schematic If different from diagram provided below)

Elevation ill top of casing 4 52ft .. msl" Hole Diameler: 1 6 In.

Total Depth

---A.3.A.fl

C~ment Grout: -2..2.S-fl (mIn. 70% of distance from ground elevation 10 top of water surface or 500 ft .. whichever is less.)

Annular space belween hole and casing (mln.3"):

-L_ln.

ROCk or Gravel Packing:

159 fl Material:

III Crushed BasaH

o Rounded Gravel

Estimated Water Level

Elevation:

JSJ I g.yt'mSI"

Minimum of 2' Radius & 4" Thick Concrete Pad (to contain benchmarl< surveyed to nearest 0.01 ft.)

Ground Elevation: ....A.5.Lft .• msl" 1:7!.f~~~~

Please refer to the HAWAII WELL CONSTRUCTION AND PUMP INSTALLATION STANDARDS to ensure that your as-buiH Is In compliance

with applicable standards.

Solid Casing: (Ot 90% x (Ground Elev.-Water Level Elev»)

Total length: 388 ft.

Nominal Diameler: .... 1 ... 0'--_ ... I..,D==-_____ ln.

Wall Thickness: 2 5 0 In.

Boltom Elevation: Ii 2 ft., msl"

Open Casing: JCl Perforated o Screen

Total length: _--!l4uOJ-________ fl

Nominal Diameter: --l.......,O'---_-.lI~C ....... __ in.

Wall Thickness: --........ 2~5~Ow--____ ,ln.

Boltom Elevation: 22ft., msl"

noIe: Neithe, bentonite nor mud should be used in

saturated zone durino drillino

Open Hole: Length: _____ ~6~ ______ fl

Diameter: lOin,

Bottom Elevation: 16ft., mal"

" The approximate elevation must be referenced to mean sea level (msl) at the time of application filing. Final elevations of well components shall be submitted In the Well CornpletionlWeU Abandonment reports and referenced to a benchmarl< which has been established by a surveyor licensed by the Stata.

For non-salt water Basal Wells - boltom elevation of well should not be deeper than 114 of aquifer thickness or, Boltom Elevation of WeU limit = (Water Elevation _ 41 x Water ~ .. E!ev!1ign )

Example: Estimated + 2ft. WsterLevel EIeY. _ Bottom EIe.sUon 01 Wei UmIt- (2-~) • -18.5 It.

Solid Casing Material: Carbon St .. i: compliant with (check 0fIfI or mora): 0 ANSUAWWA C200 0 API Spec. 5l Xl ASTM A53 0 ASTM A139

And compliant with (check 0fIfI or more): 0 ASTM A242 0 Type E 0 Type S 0 Grade B 0 Other

Stalnle .. St .. l: (check 0fIfI): 0 ASTM M09 (production wells) 0 ASTM A312 (monitor waUs)

ABS Plastic conforming to ASTM F480 and ASTM 01527: (check one) 0 Schedule 40 0 Schedule 80

PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (check one): 0 Schedule 40 0 Schedule 80 0 Schedule 120

Thermoset Plastic: (check 0fIfI) 0 Filament Wound Resin Pipe conforming to ASTM 02996

o Centrifugally Cast Resin Pipe conforming to ASTM 02997

o Reinforced Plastic Mortar Pressure Pipe conforming to ASTM 03517

o Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950

o PTFE Auorocarbon Tubing conforming to ASTM 03296

o FEP Fluorocarbon Tubing conforming to ASTM 03296

Open Casing Material: Carbon Steel: compliant with (check one orl1lOl1l): 0 ANSI/AWWA C200 0 API Spec. 5L 0 ASTM A53 0 ASTM A139

And compliant with (check one or more): 0 ASTM A242 0 Type E 0 Type S 0 Grade B 0 Other Stainless St .. l: (check one): 0 ASTM A409 (production wells) 0 ASTM A312 (monller wells)

ASS Plastic conforming \0 ASTM F480 and ASTM 01527: (check OIIe) 0 Schedule 40 0 Schedule 80

PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (check one): 0 Schedule 40 0 Schedule 80 0 Schedule 120 Thermoset Plastic: (check one) 0 Filament Wound Resin Pipe conforming to ASTM 02996



o Glass Fiber ReinforCed Resin Pressure Pipe conforming 10 AWWA C950

o PTFE Fluorocarbon Tubing conforming to ASTM 03296

o FEP Fluorocarbon Tubing conforming to ASTM 03296 • •

•

1U8lR.~ COTT~'. FA>< 1-1). 809-558-8153 ~ Nov. 26 20B2 04:1 Pi

State Of Hawaii 0 For Omcil" UN O. )':

'QN~ MlSO."." ••• 'P!"" ~!l"'" ""'~1""'~'''''!'''1111!.!!' 1f'."I11_ of Land and Natural Resources

APPUCATION FOR PERMIT

D AbaIldonlSear

"8 ..... w.. No.: os", c.. -02. (II unknown. pIeac Gla CarnmiNiDn .t l1li700226)

4. CONSTRUCTIoN: J( DriIIecI [J 6"" tJ Shaft 0 TUIIMl

I, this well part of iI baltel) of...a&? DYes ~No (Please deKribe)

5. PROPOSED PUMPING RATE: I 40 gallons per minute

6. PROPOSED USE: (r:IteoIt .. /haf ~

o Munic:ipaI Clncluding hOtels, ltore5, eIc.)

III Domestic (individual. _ldal weter systam)

[JlndusIIiaI

~ - -- seMI 25 01 mDn! people • _leo clap per,..., flI _ Ii flI ~ MnIio2 anIKIIDr.? 0 v_ A I0Io

1/{ Irrigalion (crop) ~""" rl v'1 ' f*:'~' ..... 10 ... No. or AcnIa: _..::'..:":;,:0=--___ _ o MiIIiIIy 0 OIlIer ( __ In):

7. (8) PROPOSED AMOUNT OF WITHDRAWAl.: wrt' fo .. .,~ '2DZ.,~b lIallonaperday ..alo~"'"

(b) METHOD OF FLOW MEASUREMENT: 0 FJowrneeer ! ~ [J w.!r D 0rIfiae D 0Ihert1DlPllln)

OTHER IMPORTANT INFORMATJQN:

8. LEGAl REQUIREMENTS: /l1fIqIIiTea, ",.. pemriIa 1DlI!!'" 0I1I1Jined __ file CGmmiuian _ '-"Y issua .".""..

ConJerwIion ilI5trict Use Permit (COUP) To find GUll. COUP ia..........". cal DlNR Lond DMoion .. 687_14

J( Nell RequI..cI It lllCluired. d8III apPftMd ;:0 ("') ~ EnYironmcntallmpiICI Statttnwc (EIS) or ~ AaHGsment tEA) To determine If an EIS ... EA. ~~ 0E'~1~ J!l. Not RequI,.g It 1IICIUiIId. elM: JIUbishIId In OEQC bulletin ~ ~ ~ m \

SpedallIanIgcmcnt AnIa Pwnnll '8MAP) To ~ illIII saw> is -:e-ry. on o..u, cal 527-4137.: on ~1.a2lBi!:" MrwI (') enunly • .,.. 270.7235: on Kwai. GIU 241-4iG77, '3: 0 m

" Not R-quiNld If required, dale IIppRlWld ~ ~ < 9. REMARKS, EXPlANATIONS: !5: ~ rTf.

rn;:> :: c1 (If more is neeOed, IeNe ati8Ch lIddilionai ~;:;;;;

For offrcJal use only Latitude ______ Aquifer System No.

Longitude State Well No.

WCPI A fonn 11121~1

EXHIBIT 3


11r.PauIFrandsen American Drilling P.O. Box 2035 Aiea, HI 96701

Dear 11r. Frandsen:

o




April 8, 2003


R E C~Eb~f JJNG CLAYTON W. DELA CRUZ CHIYOME L. FUKINO, M.D.

BRIAN C. NISHIDA

o 3 APtfTEr:E:~!!~1Jrg DEPUTY DIRECTOR

CCk lISSlnN m~ W flJU"{ RES(" {cr :·~,','U,GE~Eln

Signature for Well Completion Report Part II and and Change of Address

We understand from a phone conversation with staff that you are reluctant to sign a Well Completion Report, Part II (WCRII, pump installation) for the 30-gpm pump in the PueleluKainalu Ranch Well (Well No. 0546-02) on 11olokai, because the pump has not been connected to its solar power source and therefore not been tested.

The completed (and signed) WCRII you submitted for the 140-gpm pump clearly states that due to the lack of power for the installed 30-gpm pump, it has not been run. The Commission's well completion report form for pump installation is only a statement that a pump has been installed, not including any appurtenances, hook-ups, or proofing. The pump test for the 140-gpm pump should suffice for the backup nature between these two pumps, so no additional pumping tests are required.

Your signature on the WCRII for the 30-gpm pump is required under the conditions of the permit. Normally, the well completion report must be filed within 60 days of the end of installation, but due to issues remaining unresolved until February 25, 2003, we will allow the 60 days to begin on that date. This process is not complete until the WCRII is complete, and this needs to be done by April 25, 2003.

We also understand that your effort to change your mailing address was unsuccessful, and that your mail has been sent to an outdated address despite your efforts. We have updated our permanent address database, with your business address entered as above.

If you have any questions, please call Charley Ice ofthe Commission staff at 587-0251.

Sincerely,

~R<stfrJ;L ERNEST Y.W. LAU Deputy Director

CI:ss J~~ ~

.~ weRt! ;:;~JJ/l5

-V / y" 3 ~ 4~zr1-

}1,,/k--~

o State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

,FAX: Transmitting L pages, including this one; call 587-0251 with any reception problems.

TO: f?Ve ~UM.J'..?t1Jr Date: fYl Apr 03

FROM: ~~~

l ~ ot '1f)l)1V ~ ~ ~~e d-J~ ~ 0.. (t-#e;v- \Art. sat} VlD~ (~ 1ClA ~ 5~ ~ ~,~ ~ ~ W6--J .hW At, 2..

it INfJ ~ .. ~ " ftw ~J ~ .. tJ.Md ~ jtQ f-r1MQ. (~W~ cnitJ

~ ~~ ~ ~ \-rY\. ~- ~ ~ ~ +r~t1.) tJMd ~ V\I\1 ~I Z.. L ~r i0"'V.. Il- ~ f1;.A.t ~ ) ~~'~ tL<.Wr 6.X'riv-J. ) v-ri~ 0-- ~r ~ {or fLy 31) . fj p~ FVVf'

~'ve. ~ .rrtWt"eure.J • fW WCR2. ~'r ~ fw.o (>W'f-5' beth ~~ tw ~~l4ft"", h..t.. w<-t : 'f /1 /O~" ) kt tw t> WI P.wl ~lN 6V' ~t,4 (~1 ~ 1W ~1t~ Mte ~( "8-2--ot"' .

.-

L~ P~R ~'~€ 1tJ <1Y(rtil ~faUJL~ Mte

~ f Luu-e ~ ru»i> wcve ~ 60 ~ jflM ~,

~t wiU ~ ().J.A ~.~t ~ w~ ~t.Q.. r~M(L~) ~ CL~ sw1 (JJ,o-~ Ujp t' e l of fk ~j fi<-a.t tL("r\ve.t{ 4r ~l {) t1.A

'1 QVI. ~ vU cei .


___________________ . ___ .. _'.H __

MEMO and RclTE SLIP o 04/09/03

LI W:..:....::C:...:...R-=-=2--=C:..:h.:.:e:...:c:..:.:k:.....::f~o..:.-r--.:W:..:....::e.:.:II....:.N..:..:o::..::.~=O=5=46=-~02~~(s:..:..urv.:.:e:!...y -=to....:...:re~g.:..:.ula=ti=on~m..:.::e:.:.:m-=o~) --.JI ru ~ -t~ 1. Pum Tests Check s ecial condition of PIP? Vi

Yes No

Step-Drawdown Test:

followed WCPI Stds 0 0 analysis attached 0 0 proposed pump cap o.k. 0 0

Aquifer Pump Test:

followed WCPI Stds 0 0 T & S analysis attached 0 0

WeI/Interference: estimated Steady-State

drawdown at 1-mile radius is _-:---:--_ ft. analysis attached o o

'No Glenn Bauer (initial if yes) no. describe deficiency

Stream Surface Water Impacted: o o +- If yes, identify most probable stream

GeOIOgyt{{~de for Well Index: ____ _

/

2. Pump Installation Check Mitch Ohye

data complete followed Special Cond & Elev.

well database updated

3. ~/LenOrelRyan +--(initial)

4. ROY--*- (initial) check

5. SUbia-lb-- (initial) finalize

I'"liIiIan1:lr.tw(initial) signature (

7. ~eY/LenOre/Ryan File

(initial) No If no. describe deficiency

o o o

//'

take action based on above analysis

*,~c--r~----. \. ft ~ ~.,. fr- 140,~

Ck ~-;t:i..A ~ '11"1(')~ t ~/'l-{~' ;!" ~ ,~ 'l{l./o~)

~. 1> ~ Avt. ,f#-rt40-'i ~ ~tP for f1.- ~o ,r 1>1"! II ~I ~dlFP~~~~'

~,


Mr, Paul Frandsen American Drilling P.O. Box 2035 Aiea, HI 96701

Dear Mr. Frandsen:

o




April 8, 2003




ERNESTYW. LAU DEPVTY DIRECTOR

Signature for Well Completion Report Part II and and Change of Address

We understand from a phone conversation with staff that you are reluctant to sign a Well Completion Report, Part II (WCRII, pump installation) for the 30-gpm pump in the PueleluKainalu Ranch Well (Well No. 0546-02) on Molokai, because the pump has not been connected to its solar power source and therefore not been tested.

The completed (and signed) WCRII you submitted for the 140-gpm pump clearly states that due to the lack of power for the installed 30-gpm pump, it has not been run. The Commission's well completion report form for pump installation is only a statement that a pump has been installed, not including any appurtenances, hook-ups, or proofing. The pump test for the 140-gpm pump should suffice for the backup nature between these two pumps, so no additional pumping tests are required.

Your signature on the WCRII for the 30-gpm pump is required under the conditions of the permit. Normally, the well completion report must be filed within 60 days ofthe end of installation, but due to issues remaining unresolved until February 25,2003, we will allow the 60 days to begin on that date. This process is not complete until the WCRII is complete, and this needs to be done by April 25, 2003.

We also understand that your effort to change your mailing address was unsuccessful, and that your mail has been sent to an outdated address despite your efforts. We have updated our permanent address database, with yoUr business address entered as above.

If you have any questions, please call Charley Ice of the Commission staff at 587-0251.

Sincerely,

~~~;L --_. --~-------- ~~~~~~~A~r-~~-~~~~~~-

Deputy Director

CI:ss

/

FROM: Charley

TO: INIT.

_BAUER, G. _GOODING, K _ FUJII, N. _OHYE, M _ YOSHINAGA, M _ SWANSON, S. _ KUNIMURA, I.

_IMATA,R. _ NAKAMA, L. _HIGA,D. _UYENO, D _MATHIAS, T

COI\()sSION ON WATER RESOURCE MANA( ),lENT

DATE: bAker 0,) SUSPENSE DATE

TO:

-L HARDY, R. __ HIRANO, E.

~AKODA'E.

NAKANO, D. LAU, E DANBARR~'"

~ SUBIA, S. IfIIT _YODA,K.

__ Approval __ Signature

Information

CHING,F. rnflftOn LL,,~ {./ .. = ANAKALEA, P r~ 1 ~ '" uro "'- t

'f'L.;lJ ~

26Sep02


__ Type Draft __ Type Final

File Xerox __ copies Take Action:

Please See Me


Mr. Lance M, Dunbar Kainalu Ranch HC-01 Box 901 Kaunakakai, HI 96748

Dear Mr. Dunbar:

o o


COMMISSION ON WATER RESOURCE MANAGEMENT P,O, BOX 621


April 2, 2003


MEREDITH J. CHING CLAYTON W. DELA CRUZ CHIYOME L. FUKINO, M.D

BRIAN C. NISHIDA HERBERT M. RICHARDS, JR


0546-02.pipa.ack

Pump Installation Permit Application for Well No. 0546-02

We acknowledge receipt, on March 28, 2003, of your completed Pump Installation Permit application for the 140-gpm pump in Puelelu-Kainalu Well 2 (Well No. 0546-02), dated August 15, 2001. The application is now part of the record on this well. The permit was approved by the Commission on February 25,2003 and issued February 27,2003.

We understand that there are additional items for the record en route, and we will acknowledge their receipt upon arrival.

If you have any questions, please contact Charley Ice of the Commission staff at 587 -0251 or toll-free at 1-800-468-4644, extension 70251.

CI:ss

c: American Drilling

Sincerely,

c:::=z0~ y~J~ ERNEST Y.W. LAU Deputy Director

/

State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

FAX: Transmitting ~ pages, including this one; call 5~7-0251 with any reception problems.

TO: _~t;,,--+'r---=-~ __ ·;;-d.._V ___ _

FROM: C1~ ~A Date: 02-1r;pc 03

Rw.xv-e4 ~ '''/ ~ f-., ~ ") .ktN~~J. D1 A-pn'l 0 3 ) 10 k cp p-l' e..d o.AJ. ~,-t ~- {,,-wr ~ d.c ~

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.. ~ cu.~-v-e. ( if:{) S' ~ (2.0 ~ ) & k..tlJJlMj {3~ 3[> M @ 4;9)' ~'-~

ttv-..J. ~1v4 Pu-~ (vd·h.~-h~ ~t ~ fW- 14D"8P)1.. ~~ "

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l SfO~ IN! Pcud 10-1

P btL) ''''IF'-it lL l vtLtu:J-cLV 1 .f,oo s-t8 krkc w <.' R ').

(MA,-tll 1tu fvv~ ~~ W'fJvtJ, U~\1 iW' cf1rt-vv\M..t,fu-,v-w: j )


State of Ha~i For Official Use Only:

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources R E C f: ,\I t D WELL COMPLETION REPORT - PART II Pump Installation , A 8: 5 8

Instructions: Please print in ink or type and send completed report (with attachments, if applicable) to t 3 APR Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. The Commission may not accept incomplete reports. This form shall be submitted within 60 days of the completion of work. f'l\l hll it:"R For assistance, please consult the Hawaii Well Construction and Pump Installation Standards or call the C MM\SS\C;N \1;1 1r'! f\ .... Regulation Branch at 587-0225. For updates to this form or additional information, please visit our website at RC JS10I'I')('E Mf.H~\GEMENT http://www.state.hi.us/dlnr/cwrm/ L l,;, 'v '

1. State Well No.: 0546-02

2. Address: Puelelu, Manae

Well Name: Puelelu-Kainalu Ranch #2

Tax Map Key:

Island: Molokai

5-7-3:62

3. Pump Installation Company: ----"'A""M:..;..%.-e---''':...:~=::....L---''D~V....!. .. .:.:H:..:.'·.:...:~'1-______________ _

~nthl Iyear

I

4. Date Pump Installed: 2~L & /

5. PERMANENT PUMP INFO ATION <1("" 0\I\t9-1<4 -o\1S Pump Type, Make, Serial No.: 4", '2.0~,t. ~¥'UM4t~s 'SfAbW\~itole" (ftC- I:>dow)

Rated Capacity: lbS gpm at head of: ~SO ft. ----~-------------

Motor Type, H.P., Voltage, rpm: (00 ~ 'Z. .. ').() &.tt tit .c.O 5 '~c.. j ).(9"O~

Type of flow meter: 0 fe.t'\ f' f'~ which measures in ----,,:9I-'p~""'---=-------

p--."'t Model Number \-'OstOfl-n Serial Number '2.% """'" 02,1)

Pump type (check one):

o Deep Well Turbine

IJ( Submersible

o Centrifugal

6. Method of flow measurement:

o Flowmeter

o Rotary

o Rotary-Displacement

o Rotary-Gear

Manufacturer

o Propeller

o Reciprocating

o Impulse

Make Size ------ ---------- -------o Weir "Open Pipe 0 Orifice* 0 Other*, explain below

*attach schematic

7. Fill in the as-built section on the other side of this sheet.

8. Attach photograph of well and concrete pad clearly showing benchmark on concrete pad.

9. Other remarks/comments:

pumplnsta~=~ Signature ? ~

~W4<Uf.C-57/C-57a/A Lic. No. I» L<$ (

Date _--=.3+/Ic=b-4l<--O...;.!I __ -

Permittee (print)

~-Signature

WCR2 Form 11112102 Pa. I , 1 of;

State of HaAii 0 For Official Use Only:

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources RECEIVED WELL COMPLETION REPORT - PART II

Installation Instructions: Please print in ink or type and send completed report (with attachments, if applicable) to 3 APR I A 8: 5 8 Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. The Commission may not accept incomplete reports. This form shall be submitted within 60 days of the completion of work. For assistance, please consult the Hawaii Well Construction and Pump Installation Standards or call the CC 'MltS!CH OH WA Tt'i Regulation Branch at 587-0225. For updates to this form or additional information, please visit our website at..:

E·, ~"·)";.,E ~I ~:Ar.r~.IElLT

http://www.state.hi.us/dlnr/cwrm/ K" vl.;\\./ l,if'l! ''::::Pi -If

1. State Well No.: 05"4'-02. Well Name: ~"'~-L-\i\ - ~,~~ ~"" ff2 Island: fv(D'D~i 2. Address: P .. e.\ ~ \~ - Mc:IU'\~e.. Tax Map Key: '5 -, - ~', <P '2..

3. Pump Installation Company: ~MlVl"'\GAV' "DV'l' \ ;"'j 4. Date Pump Installed: ., ( "1 (0 \

month/day/year

5. PERMANENT PUMP INFORMATION

Pump Type, Make, Serial No.: ~ k. f' S~~Me~"~~G- 1 G.V'~~Q.s 34-S'l>w,,,,, .t?oso \oe,,z-"_ Rated Capacity: 2.5 ~ tM. gpm at head of: S I, , ft.

Motor Type, H. P., Voltage, rpm: _--=$:::...0'«-~:::=cs~~=....,tJ-...:S:::.....:.;~:.....' .s:.t..:.." -'-..::::.:1:.....~=-=-:.....'lo=..:..\ is..:..::.......J,'-...::::.~...!..-'=SO~.,....If...:.Iot~ _____ _

Type of flow meter: 0 t4W\.. (J' e~ which measures in

Model Number --'

Pump type (check one):

o Deep Well Turbine

Pit Submersible

o Centrifugal


-------

o Rotary

o Rotary-Displacement

o Rotary-Gear

o Flowmeter Manufacturer

o Weir ~ Open Pipe 0 Orifice* 0 Othl

*attach schematic


8. Attach photograph of well and concrete pad clearly showing benl


Pump Installation Contractor (print) ~ .s:v~~

Signature ~~ Q..

Permittee (print)

Signature

Serial Nllmh".r -~-~.~ tL~.(/

W< ~~1tt£..- ~~Sc,.. ~~ 1N\e. Uf,·l..,S _ At*fi-~~'1K\ ~ +0 ~Gcv Cov ~ S(~ -- t.a.v Wc;.(~jY Qt..~' .c. ~ ~ ........ Ls .c.:.r,

df2t~ ~

C-57/C-S7a/A Lic. No. __ '_~_l ~;......:..' __ -, Date ___ '3_-_:2._'5'_-_0_; __

Date _...;;6:.....-_l.._S_-o_~ __ _

WCR2 Form 11112102 Page 1 of;'

/ /

FROM: Charley

TO; INIL. _ BAUER, G, _GOODING, K _ FUJII, N, _OHYE, M _ YOSHINAGA, M _ SWANSON, S. _ KUNIMURA, I.

_IMATA, R. _ NAKAMA, l. _HIGA, D. __ UYENO, 0 _ MATHIAS, T

COMMISSION ON WATER RESOURCE MANAerENT

Qe: ;?8 f{.t<ro~ SUSPENSE DATE

TO:

LHARDY, R.

~RANO'E. AKODA, E.

NAKANO, D. LAU, E DANaARR,\~

~SUBIA, S. rr7I' _ YODA, K. _CHING, F. _ ANAKALEA, P

FOR;

d Approval ~ Signature _ Information

26Sep02


_ Type Draft -k. Type Final _File _ Xerox _ copies

Take Action:

Please See Me

State of H&ii o For Official Use Only:

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources . ~E .' ~ ~VE' D APPLICATION FOR PERMIT o Well Construction and/or Pump Installation A8: S6

Instructions: Please print in ink or type and send cQmpleted application with attachments to the i on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. Application must be accompanied by 3 copies and a non-refundable filing fee of $25.00 payable to the Dept. of Land and Natural Resources. The Commission may not accept incomplete applications. For assistance, call the Regulation Branch at 58irQ31ll For further information and updates to this application form, visit http://www.state.hLus/dlnr/cwrm. \;\JMI"II ----------------~--------~------------R~E~S8~UI~~~~~~----~ APPLICANT INFORMATION: (Fill out all three, if applicable, and place a check next to the primary contact)

1. (a) KI WELL OWNER: Lance Dunbar Contact Person: _K:::.:.::i:...lE::..-____ _ Phone: 558-8362

Mailing Address: HC 01 Box901 Kaunakakai,Hi. 96748

Fax: 808-558-8153 E-mail: Kainalu @ aloha.net

(b) 0 LAND OWNER: Same ~~~~------------

Contact Person: ----------- Phone: -------------Mailing Address:

Fax: E-mail: --------~--------------------------

(c) If CONTRACTOR: American Drilling ContactPerson:Paul Frandsen Phone: 685-614S

Mailing Address: Box 2035 Aiea, Hawaii 96701

Fax: E-mail: --------------- Lic #: C S~ l ~ ~ II (Circle one:-57,- Ta, or A)

WELL & PUMP INFORMATION: (Please fill in the diagram on the back of this form.)

2. WELL NAME: PUillill'l--Kainalu Ranch Island: Mo]oka;

Address _..:.H::....C=---0::....1=---B.::....o-=--x--=-9..:.0....:.1..!.,~K.::....'....:.k.:..:a~1=-· -=..9..:.6....:..7-=4-=8_ Tax Map Key: ----..zo-.;R~e - lec ct>9ar: 0 ~~rcel Attach the relevant pprtion of (a) a 7.5-Minute Series USGS topographic map (scale 1 :24,000) and include the name of the quad map, and (b) a property tax map, showil)g well location referenced to established property boundaries.

3. PROPOSED WORK: 0 Construct New Well . (check all that apply)

~ Modify Existing Well·

o Abandon/Seal·

,. tK Install New Pump·

o Modify Pump·

·State Well No.: __ 2_-_0 __ 5_4_6_-_0_2______ (if unknown, please call Commission at 587-0225)

4. CONSTRUCTION: '* Drilled DOug o Shaft o Tunnel

Is this well part of a battery of wells? DYes :fiNo (Please describe)

5. PROPOSED PUMPING RATE: ----1+-44++0---- gallons per minute

6. PROPOSED USE: 0 Municipal (including hotels, stores, etc.) o Industrial

(check all that apply) ~ Domestic (individual, noncommercial water system)

Does this well serve 25 or more people at least 60 days per year or have 15 or more service connections? 0 Yes 0 No

IXllrrigation (crop) reforesta t; on, ka] 0, f 1 owe~ No. of Acres: ___ .... 1_5...,Ou--_____ _

o Military 0 Other (explain): Not to exceed daily allocation set by the water Resource Management

7.' (a) PROPOSED AMOUNT OF WITHDRAWAL: 200,000 gallons per day

(b) METHOD OF FLOW MEASUREMENT: 0 Flowmeter tK Open-pipe 0 Weir 0 Orifice 0 Other(explain)

OTHER IMPORTANT INFORMATION:

8. LEGAL REQUIREMENTS: o COUP o SMAP o EIS o EA ~ None o Other (explain)

9. REMARKS, EXPLANATIONS:

(if more space is needed, please attaCh additional sheet)

I understand that approval of this application attaches the following standard conditions: 1) the proposed work is to be completed within two (2) years of the approval date; 2) the contractor shall submit to the Commission a well completion/abandonment report within 60 days after the completion date of the permitted work; 3) monthly water use data shall be submitted to the Commission; 4) such approval shall not constitute a determination of correlative water rights and shall not guarantee the pump capacity or future use up to the permitted pump capacity.

Well Owner (print legibly)

Signature

Date

Landowner (print legibly)

Signature

Date

Contractor PI/v' HA"f,./.s1t \.., (print legi~I~L2 ~ ,.~

___ ~::""':'-=:::::::=:..""':::::::===-- Signatl:lr~~~...,o.-. Date

For official use on y Latitude Longitude

Aquifer System No. ------- State Well No.

WCPIPA Form 10/25/00

10. PROPOSED WELL SECTION (Please attach schematic if different from diagram provided below)

Hole Diameter: 1 6 in.

Elevation at t,op 0 casing 45

2

ft., m/'z;m;SI',~: .. : •. : I!:.~~:.:,: .. :'( I Minimum of 2' Radius & 4" Thick Concrete Pad (to contain benchmark

&.8 surveyed to nearest 0.01 ft.)

\~b . '.' r Ground Elevation: 4 50ft., msl* . .. •. . . '. , .; ~~~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!;I

· :'. 7!~\ -= Ir • " .' .00. •• · ." . Please refer to the

Cement Grout: 2 75 ft. (min. 70% of distance from ground elevation to top of water surface or 500 ft.,

~'.; :.';. HAWAII WELL CONSTRUCTION AND •... PUMP INSTALLATION STANDARDS h; % to ensure that your as~built is in compliance

iii with applicable standards.

whichever is less.) --. " " .'. .' . .. '

• c." ~ .:

Qj

~ ...J :. ~ 2.jf---I Solid Casing: (~90% x (Ground Elev.-Water Level Elev»

Annular space between hole and casing (min.3"):

~ Total Length: 388 ft. Nominal Diameter: .!.1...!:O!......_--'I:!:.!::D:.-_____ in.

__ 3~_ in. Wall Thickness: _ .... ""':2;...;S~\JO--------in.

Bottom Elevation: g:2 ft., msl*

Open Casing: Xl Perforated o Screen Total Depth

434 ft. Total Length: _....!:I4 ..... 01--________ ft.

Nominal Diameter: --1t--YOL----J.I....LD.J---in.

Wall Thickness: • :2 5 0 in.

Bottom Elevation: 22ft., msl*

3 83 I 911" msl* 2

note: Neither bentonite nor mud should be used in

saturated zone durina drillina

••••• L...-

,

* The approximate elevation must be referenced to mean sea level (msl) at the time of application filing. Final elevations of well components shall be submitted in the Well CompletionlWell Abandonment reports and referenced to a benchmark which has been established by a surveyor licensed by the State.

Open Hole:

Length:

Diameter:

Bottom Elevation:

For non-salt water Basal Wells - bottom elevation of well should not be deeper than 1/4 of aquifer thickness or,

Bottom Elevation of Well Limit = (Water Elevation _ 41 x Water L~vel Elevation)

Example: Estimated + 2 ft. Water Level Elev. ---+ Bottom Elevation of Well Limit = (2 - 41 ~ (2» = -18.5 ft.

Solid Casing Material:

6 10

16

Carbon Steel: compliant with (check one or more): 0 ANSIIAWWA C200 0 API Spec. 5L }fl ASTM A53 0 ASTM A139

And compliant with (check one or more): 0 ASTM A242 0 Type E 0 Type S 0 Grade B 0 Other

Stainless Steel: (check one): 0 ASTM A409 (production wells) 0 ASTM A312 (monitor wells)

ASS Plastic conforming to ASTM F480 and ASTM D1527: (check one) 0 Schedule 40 0 Schedule 80

ft. in.

ft., msl*

PVC Plastic conforming to ASTM F480 and (ASTM D1785 or ASTM D2241): (check one): 0 Schedule 40 0 Schedule 80 0 Schedule 120

Thermoset Plastic: (check one) o Filament Wound Resin Pipe conforming to ASTM D2996

o Centrifugally Cast Resin Pipe conforming to ASTM D2997

o Reinforced Plastic Mortar Pressure Pipe conforming to ASTM D3517


o PTFE Fluorocarbon Tubing conforming to ASTM D3296

o FEP Fluorocarbon Tubing conforming to ASTM D3296

Open Casing Material: Carbon Steel: compliant with (check one or more): 0 ANSIIAWWA C200 0 API Spec. 5L o ASTMA53

o Grade B And compliant with (check one or more): 0 ASTM A242 0 Type E 0 Type S

o ASTMA139

o Other

Stainless Steel: (check one): 0 ASTM A409 (production wells) 0 ASTM A312 (monitor wells)

ASS Plastic conforming to ASTM F480 and ASTM D1527: (check one) 0 Schedule 40 0 Schedule 80

PVC Plastic conforming to ASTM F480 and (ASTM D1785 or ASTM D2241): (check one): 0 Schedule 40 ~ Schedule 80 0 Schedule 120

Thermoset Plastic: (check one) o Filament Wound Resin Pipe conforming to ASTM D2996

o Centrifugally Cast Resin Pipe conforming to ASTM D2997

o Reinforced Plastic Mortar Pressure Pipe conforming to ASTM D3517


o PTFE Fluorocarbon Tubing conforming to ASTM D3296

o FEP Fluorocarbon Tubing conforming to ASTM D3296 o 0

, ,

I, I, I'

"

, 03/18/2003 TUE 7:39 FAX 8085365586 SOLARAY ~003/00J

o o Performance Curves 50 Gi~r"l Model 150S

FLOW RANGE: 30 -220 GPM OUTLET SIZE: 3" NPT NOMINAL DIA. 8"

40

11OS20-112.HP) 1"" ... r- ~ r"

:-

o~--------------~--------------~~~~--~--~--.. ~~-~~ o 25 50 75 100 125 I 150

CAPACITY (GPM)

SPECIFICATIONS SUBJECT TO CHANGE WITHOUT NOTICE. 4' MOTOR STANDARD, 2-10 HP/3450 RPM 6· MOTOR STANDARD, 7.5-60 HF'13450 RPM. 6" MOTOR STANDAAD, 75 HP~ RPM, • Alternate mOlor sizes available.

r:~ ........ _,...c:r.~

175 200

Performance conforms to ISO 990$ Annex A o 5 tt, min. $lJbmergence.

•PUMP INSTALLATION PERMIT _

P elu-Kainalu Ranch #2. Well No. 054_

Note: This permit shall be prominently displayed at the site until the work is completed

In accordance with Department of Land and Natural Resources, Commission on Water Resource Management's Administrative Rules, Section 13-168, entitled 'Water Use, Wells, and Stream Diversion Works", this document permits the pump installation for Puelelu-Kainalu Ranch #2 (Well No. 0546-02) at Puelelu, Manae, Molokai, TMK 5-7-3:62, subject to the Hawaii Well Construction & Pump Installation Standards (1/23/97) which include but are not limited to the following conditions:

1. The Chairperson to the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weeks before any work covered by this permit commences and staff shall be allowed to inspect installation activities in accordance with §13-168-15, Hawaii Administrative Rules.

2. The pump installation permit shall be for installation of a 140 gpm rated capacity at 434 ft. of head, or less, pump in the well.

3. The permittee, well operator, and/or well owner shall provide and maintain an approved meter or other appropriate means for measuring and reporting withdrawals and water levels, and appropriate devices or means for measuring chlorides and temperature. These data shall be measured monthly and reported to the Commission on an annual basis, on forms provided by the Chairperson (attached).

4. The proposed use shall not adversely affect existing or future legal uses of water in the area, including any surface water or established instream flow standards. This permit or the authorization to pump water from a well shall not constitute a determination of correlative water rights. The permittee, well operator, and/or well owner are notified and by this provision understands that the quantity of water taken from the well could be reduced by the Commission in the future. This permit is not a commitment that the pump capacity permitted here or even some lesser amount is guaranteed in the future.

5. The permittee, well operator, and/or well owner shall complete and submit as-built drawings and Part II - (Permanent) Pump Installation Report of the Well Completion Report (attached) to the Chairperson within sixty (60) days after completion of work.

6. The permittee, well operator, and/or well owner shall comply with all applicable laws, rules, and ordinances, and non-compliance may be grounds for revocation of this permit.

7. The pump installation permit application and any related staff submittal approved by the Commission are incorporated into this permit by reference. This permit is also subject to the Hawaii Well Construction & Pump Installation Standards (1/23/97). If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result.

8. The permit may be revoked if work is not started within six (6) months after the date of approval or if work is suspended or abandoned for six (6) months, unless otherwise specified. The work proposed in the pump installation permit application shall be completed within two (2) years from the date of permit approval, unless otherwise specified. The permit may be extended by the Chairperson upon a showing of good cause and good-faith performance. A request to extend the permit shall be submitted to the Chairperson no later than three (3) months prior to the date the permit expires. If the commencement date is not met, the Commission may revoke the permit after giving the permittee, well operator, and/or well owner notice of the proposed action and an opportunity to be heard.

9. If the well is not to be used it must be properly capped. If the well is to be abandoned then the permittee, well operator, and/or well owner must apply for a well abandonment permit in accordance with §13-168-12(f) prior to any well sealing or plugging work.

10. The permittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for property damage, personal injury, or death arising out of any act or omission of the applicant, assigns, officers, employees, contractors, and agents under this permit or relating to or connected with the granting of this permit.

11. Special conditions in the attached cover transmittal letter are incorporated herein by reference.

Date of Approval:

Expiration Date:

February 25, 2003 February 25, 2005

?cETER T. YOUNG, Chairperson

Commission on Water Resource Management

I have read the conditions and terms of this permit and understand them. I accept and agree to meet these conditions as a prerequisite and underlying condition of my ability to proceed and understand that I shall not commence work until I and the pump installer have signed, dated, and returned the permit to the Commission. I also understand that non-compliance with any permit condition may be grounds for revocati\:~d :es of up to $1000 per day starting from the permit date of approval.

Permittee's Signature: ~/[)fJ!!. - Date: ~"Da..~ Printed Name: Firm or Title: Q.\~ ~ ~orU~~~

/

Instalier'SSignatu~ k57,C-57"mALicense#: I) V I Date:,¥S;Z,";t'

Printed Name: p t/-(J L £r /9 It dSc 2t Firm or Title: 4C-4+-£A)n<.L.c..-...c.J.....L./--'C"'-'II~*"-;:--....,[)"'<:T-';.~) ..",~f-')+-l-=..~'"%::::_:-Please sign both copies of this permit, return one to the Chairperson, and retain the other for your records.

Attachments c: USGS

Department of Health! Safe Drinking Water & Wastewater Branch Molokai Department of Water Supply American Drilling

Q

Memo to: File

Subject: Request for Reconsideration of Finding of Violation

ISSUES/ANALYSIS:

On February 25,2003, the Commission found Kainalu Ranch and American Drilling in violation ofHAR §13-168-12(a), for installing a 140-gpm pump without a permit. No fines were imposed on Kainalu Ranch, but a fine of $250 fine was imposed on American Drilling for a repeat violation.

On March 3, 2003, Staff received an undated letter soliciting the Board's (sic) reconsideration of the finding of violation. The letter listed ten points to recapitulate the discussions of that meeting (Exhibit 2). What follows is the listing, with staff comments.

"1. Under the HRS 13-168-12 we have the right to install a test pump, which was the 140-gpmpump."

A test pump is assumed necessary for test pumping under a well construction permit. All well construction permits are sent with a cover letter specifying "This permit does not authorize work for your permanent pump installation." (emphasis in original) "Approval and issuance of your pump installation permit is contingent upon completed application and information provided to and accepted by Commission staff as required in the Well Construction and Pump Installation Standards (1123/97) and any special conditions performed under this permit."

All applications, letters, and other documentation received by staff are date-stamped, routed, and acknowledged in writing, whether arriving by hand, fax, or mail.

"2. Staff was aware that the test pumping would be done with the 140gpm pump and eventually two pumps would be installed, however we would have to apply for the 140-gpm pump, if it were to remain in the well."

Staffwas aware that eventually two pumps would be installed, one the original30-gpm solar pump, and one a larger standard electric backup 140-gpm pump. Staff was not aware that the backup pump would be used for pump testing, although there is no prohibition upon doing so and that was a plausible scenario for the applicant. It was also possible that the solar pump would be tested under its own power - an appropriate test of the expectations for the solar pump performance, given the applicant's stated concerns.

"3. Our documents clearly show that staff should have had the 140gpm pump application on 9-4-01, when they receipted our other documents, namely the Well Completion documents that were part of the the same submission. We delivered the application on that day in goodfaith."

The only copy of the application in our files is the one stated to be a copy of the original submitted earlier. The signature date on that copy is October 16,2001. The original we saw at the February 25 2003 Commission meeting, was dated August 11, 2001 and had no time stamp. It was finally submitted and time-stamped March 28, 2003. Our acknowledgement letter for the materials submitted September 4,2001 is dated October 12,2001, stating that an application for the 140-gpm pump is required, and that pump installation without a permit is a potential violation of the Water Code, subject to fines. No application nor copy of an application was received until November a second notice was sent a year later.

The documents in the file date-stamped September 4, 2001 include the original hand-written Well Completion Report, Part 2 (140-gpm pump installation) signed "9-4-01", a copy of a typewritten Well Completion Report, Part 1 form signed "8-29-01", a copy of hand-written constant-rate pump test results, and a copy of the driller's log. There were no as-built drawings, and no Well Completion Report, Part 2 for the 30-gpm pump. There is no original nor copy ofthe 140-gpm pump installation application.

Following the meeting on February 25, 2003, the original application hand-carried to the meeting by the driller was not submitted for the file. When notified by phone that it may be an important part of

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the record, the original application did arrive on March 28, 2003. It verifies that the application was filled out and signed August 15,2001 and not previously time-stamped.

"4. On 10-12-01, staff issued a letter of "potential violation", which prompted the submission of a second 140 gpm pump application. This was thought to be delivered again, along with a response letter to Mr. Ice requesting other information, namely a well head elevation." October 12. 2001 letter (Exhibit 3) An acknowledgement dated October 12,2001 was sent to the applicant, with copy to the driller, indicating first a response to the items submitted: 1) the requirement for a step-drawdown pump test for pumps larger than 70 gpm, and sending a pump test form for that purpose; this form had not been sent with the well construction permit, as the constant-rate test.form had been, because the step-drawdown test is not required for pumps of less than 70 gpm. 2) the requirement for chloride readings to be taken both prior to and immediately after the pump tests. 3) the requirement for a wellhead elevation survey, without which the well completion report could not be formally accepted. Staff had earlier telephone conversations with the applicant, and was aware that the elevation survey was going to be difficult to arrange because there are no licensed surveyors residing on Molokai. 4) the requirement for an as-built drawing showing configuration of both pumps. Most significantly in this context, the acknowledgement goes on: "The original application is for a 30-gpm pUlnp, and while it was understood following discussions with staff that a 140-gpm pump would likely be installed as a backup, the larger pump should be supported by an additional after-the-fact application. If we are responsible for miscommunications on this point, let us correct it now. Having installed a pump larger than what was permitted is a violation of the Water Code, and you must submit an after-the-fact application for this secondary permanent pump (attached), with an explanation."

Response (Exhibit 4) A response letter from the applicant in the file is date-stamped October 26, 2001, referring to a few of the points in staff's acknowledgement: 1) requesting that the wellhead elevation survey requirement be waived, with an explanation. 2) noting the belief that the as-built plans were already in the Commission office, and that ifnot, the contractor would provide it shortly. 3) step-drawdown test and chloride readings would be handled by the contractor as soon as possible. The letter made no mention of the required pump application, nor was any application filed at the same time. There was only an explanation of the reason for the backup pump, as requested. On November 26,2001 (by date-stamp) the as-built drawings, step-drawdown test, and chloride readings were received. These were acknowledged in writing on January 11,2002. With responses coming in partially, staff expected the application might follow.

"5. On 11-08-01, I called Mr. Ice and was informed that "I didn't owe anything to the Commission". Such conversations are done with open file in hand for reference. Staff believes that the verbal communication was in connection with explicit written communications received by the applicant, and the response would have been expressed in that context, to wit: "other than what you see in writing, there is no further documentation owed the Commission".

"6. On 12-07-01 the driller met with Mr. Ice and was told that all was okay. Indeed on 1-07-02, 1-08-02, 1-15-02,4-01-02,8-02-02, the applicant was told that all was okay and only the well head elevation survey was missing to finalize the approval. Not once were either of us told that the 140 gpm pump application was still missing." Had the application been received, that fact would have been acknowledged in writing. The outstanding requirements were laid out clearly in writing on October 12, 2001. When the filings are complete, that also is acknowledged in writing, in this case with issuance ofthe pump installation

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permit for the 140-gpm pump. We acknowledge the applicant's belief that the application had been delivered by the driller not once but twice, while in fact it had not been received yet at this point. In the absence of confirmation, the assumption by the applicant should be that the materials were not received. In the many conversations with the applicant, he discussed many subjects of his interest, concerning his land use plans, his interactions with other members of the community, etc., not all related to the permitting process. He often expressed his intentions and concerns about a variety of things. In this context, we do not know what is meant here by "all okay".

"7. It was not until 11-25-02 that we learned that our two previous attempts tofile the proper application had not been received Clearly during one of the previous numerous attempts to assure compliance someone should have known that a potential violation still existed and should have informed us of such." We put the shoe on the other foot. Because all documentation submitted is faithfully acknowledged, the applicant should know what was and what was not received. Written acknowledgements are intended to avoid reliance on verbal communications that can be misread or misunderstood.

"8. Admittedly staff has lost documents, and we submit that this could have been one of those times." Scientifically speaking, one cannot say it never happens. That is very far from "admitting" that it happens with any frequency. It is in fact a rare occurrence. Given the enormous number of documents we handle, the scrupulousness of maintaining these files is an outstanding record. We believe the applicant's hopeful assertion is highly unlikely.

"9. We have paid the fine so we could move this process along, however we are adamant that we did not break the law and at the very most only a "potential violation" might have occurred We had the right under present law to install the 140 gpm pump and needed only the permit to make it permanent, which we clearly tried to do." Staff believes the simplest way to look at this is to recognize that when a pump installation is contemplated, an application must be submitted. The applicant understood this in September 2000 when submitting an application for a 30-gpm pump. In response to a Commissioner's question whether the 140-gpm pump was intended all along to be the permanent pump, the applicant responded "yes", and staff believes this correctly reflects the applicant's intent as expressed in telephone conversations. A licensed driller also should be aware of this basic procedure, from repetition, and in fact this one might have had it impressed on his mind in February 2001 upon receiving a notice of potential violation for installing a pump without an application in a Kona project, five months prior to installing the Kainalu Ranch 140-gpm pump. Installation of a 140-gpm pump to do pump testing is acceptable, and even if it were not originally intended to be permanently installed, leeway is given for changes to be made on-site. For a first-time "potential violation", it has to be supported by an after-the-fact application within thirty days. For a repeat incident, that leeway is removed. The Chair asked for clarification on this point, "if the paperwork had been done back then in October or September 2001 would your recommendation on the fine be the same?" (no fine for the applicant, a repeat violation for the driller). The pump was installed Augt!st 2~ 200.1 according to the driller's well completion report, and thus the staff's answer IS obVIouSly "Yesv. As it was, our acknowledgement letter of October 12 clearly specified that an application needed to be submitted, and even if the "second attempt" at submitting the application had been successful, at that point it would technically have been a violation. Our submittal clearly states our belief that the applicant fully intended to comply with procedures, and we therfore recommended no fine be imposed. The situation with the driller is different. Having already been notified of a potential violation of the same kind earlier, he might have been more certain to deliver the application in one of the two "attempts", as represented by the applicant.

"10. We are not asking for a refund, only that the Commission finds us in "potential violation" as noted under recommendation A." "Potential violation" is the term used by staff, because it is an "alleged" conclusion until the competent authority makes the decision. The staff recommendation was for the Commission to find

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that the "potential violation" was indeed a violation of the procedures. The Commission has the authority to determine whether it was a violation, and further whether the violation warrants a fine. Staff would not recommend a fine, nor expect to have the Commission impose one, ifno violation' occurred.

Commission Decision of Februarv 25,2003

Following staff presentation and clarifying questions from the Commissioners, there was testimony from both driller and applicant and clarifying questions from the Commissioners. Following this was a motion to amend the staff recommendation with respect to the amount of fine, and a discussion among Commissioners before reaching a decision.,

Following the meeting, the applicant and driller met with staff and raised the issue that the installed pump was a test pump allowed under the well construction permit and that they then had the option to consider leaving the pump in and filing an application. This is somewhat contrary to the testimony noted above, and when asked what they could do about it, staff offered the possibility that they could ask for a reconsideration of the decision based on new representations they would like to give.

Another option for the applicant and driller is a request for a contested case hearing, in which case, they would have had to reenter the meeting and ask for it verbally. Staffs understanding of the applicant's desire to keep a low profile in the Molokai community with respect to contentious issues suggests that he might not have considered this option favorably, and in any case, the applicant is aware ofthis option and declined to exercise it.

A reconsideration may be considered appropriate when new information comes to light that may not have been part of the original discussion and decision. Staff were given to believe that the applicant and driller would emphasize the propriety of using the test pump to conduct aquifer tests and then filing an after-the-fact application, yet the bill of particulars does not reconstruct that issue but focuses more on whether staff properly informed the applicant about the lack of an application. The applicant's letter requesting reconsideration introduces it as a "recap of the discussions of that meeting". Staff believes the record shows that both these issues were adequately explored at the February 25,2003 meeting. Staff does not believe that new information sheds light on this subject, and has not altered its position on the facts in the case nor its recommendation.

o 0 COMMISSION ON WATER RESOURCE MANAGEMENT (01/03)

FROM: _D_E_A_N_N_" ___ DATE: MI\R - 3 2003

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'i;i-"T)hcr; l' 'cY}:' '-(l/P'J//ck rY~J '1)!Jf ~~/)"'-f r1J:?V ~~, ~ ~) " 1111_

o Chairman Peter Young DLNR-Water Commission P.O. Box 621 Honolulu, Hawaii 96808

Re: Kainalu Ranch 2-25-03 meeting

Dear Chairman Young

o RECEIVFO

03 MAR 3 AIO: 49

COtJ.HISSICN ON W,HER RESO'nCE M!JU"GEt~ENT

This letter is being written to solicit the Board's reconsideration of a violation occurring with the installation of a 140 gpm pump in well #0546-02. I would like to recap the discussions of that meeting in order to present our case for reconsideration.

1. Under HRS 13 -168-12 we have the right to install a test pump, which was the 140 gpm pump.

2. Staff was aware that the test pumping would be conducted with the 140gpm pump and eventually two pumps would be installed, however we would have to apply for the 140gpm pump, if it were to remain in the well.

3. Our documents clearly showed that staff should have had the 140 gpm pump application on 9-4-01, when they receipted our other documents, namely the Well Completion documents that were all part of the same submission. We delivered the application on that day in good faith.

4. On 10-12-01, staffed issued a letter of "potential violation", which prompted the submission of a second 140 gpm pump application. This was thought to have been delivered again, along with a response letter to Mr. Ice requesting other information, namely a well head elevation.

5. On 11-08-01, I called Mr. Ice and was informed that" I didn't owe anything to the Commission".

6. On 12-07-01 the driller met with Mr. Ice and was told that all was okay. Indeed on 1-07-02, 1-08-02, 1-15-02, 4-01-02, 8-02-02, the applicant was told that all was okay and only the well head elevation survey was missing to finalize the approval. Not once were either of us told that the 140 gpm pump application was still missing.

7. It was not until 11-25-02 that we learned that our two previous attempts to file the proper application had not been received. Clearly during one of the previous numerous attempts to assure compliance someone should have known that a potential violation still existed and should have informed us of such.

8. Admittedly staff has lost documents, and we submit that this could have been one of those times.

9. We have paid the fine so we could move this process along, however we are adamant that we did not break the law and at the very most only a "potential violation" might have occurred. We had the right under present law to install the 140 gpm pump and needed only the permit to make it permanent , which we clearly tried to do.

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o o 10. We are not asking for a refund, only that the Commission finds us in

"potential violation" and expunge from our record the "violation" as noted under recommendation A.

Thank you for your time and consideration in this matter and we respectfully look forward to your kindly reconsideration.

Sincerely,

Lance Kip Dunbar Kainalu Ranch Kainalu, Molokai. Hawaii

II


o PETER T. YOUNG

CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CHUZ CHIYOME L. FUKINO. M.D.

BRIAN C. NISHID,A HERBERT M. RICHARDS. JR.

. STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES



February 27, 2003

DEAN A. NAKANO ACTING DepUTY DIRECTOR

Ref: 0546-02.act


Dear Mr. Dunbar:

Notice of Commission Action Puelelu-Kainalu Ranch Well #2 (Well No. 0546-02)

This letter serves as your official notice of action taken by the Commission on Water Resource Management (Commission) on the subject application. Bya unanimous vote of the Commission at their meeting on February 25, 2003, the Commission:

A. Find Kainalu Ranch and American Drilling in violation of HAR §13-168-12(a), installing a pump without an appropriate permit.

B. Assess no fine to Kainalu Ranch for the violation in Recommendation A as summarized in Exhibit 5a.

C. Impose a $250 fine on American Drilling for the violation in Recommendation A, as summarized in Exhibit 5b, payable within 30 days.

D. Suspend any current, pending, or future applications by the driller until the fine is paid and the driller completes the permit process for this well.

E. Approve the issuance of an after-the-fact pump installation permit for PueleluKainalu Ranch Well #2 (Well No. 0546-02) subject to the standard conditions.

We received payment of the fine in item C on February 25, 2003, satisfying item C and part of item D. Attached is your Pump Installation Permit, in accordance with item E, accepting your Well Completion Report, Part 1 for this well as complete. Also attached is your Well Completion Report, Part 2. .

Upon return of the fully signed Pump Installation Permit and acceptance of your signed completion of the Well Completion Report, Part 2, the permitting requirements for this well will be complete, as expressed in item D.

If you have any questions, please contact Charley Ice of the Commission staff at 587 -0251 or toll free at 1-800-468-4644, extension 70251.

CI:ss


Sincerely,

~~ DEAN A. NAKANO Acting Deputy Director

/

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-r

LINDA LINGLE GOVERNOR Of HAWAII

Ref:0546-02.pip


Dear Mr. Dunbar:

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Pump Installation Permit Puelelu-Kainalu Ranch #2 (Well No. 0546-02)


MEREDITH J. CHING CLAYTON W. DELA CRUZ CHIYOME L. FUKINO. M.D.

BRIAN C. NISHIDA HERBERT M. RlCHARDS. JR


February 27, 2003

Enclosed are two (2) originals of your approved Pump Installation Permit for the captioned well(s) that authorize permanent pump installation work for your well(s). As part of the Chairperson's approval, the following special conditions were added and are part of your permit under Permit Condition 11:

Special Conditions

1. If the elevation benchmark needs to be altered, the permittee, well operator, and/or well owner shall ensure that the benchmark is transferred (or the well resurveyed) and documentation of the new benchmark shall be submitted to the Commission within sixty (60) days after the pump is installed.

2. Please enclose the pump specification and rating curve for the installed pump with the Well Completion Report.

The permittee, well operator, and/or well owner are responsible for all conditions of the permit. Be advised that you may be subject to fines of up to $1000 per daYJor any violations of your permit conditions starting from ttle permit approval date.

Please sign and have the contractor sign both permit originals and return one for our files. A copy of your water use report form is enclosed for your use. .

Except for the monthly water use report form, please provide copies of all the information in this packet to your pump Installation contractor. -

Finally, this letter is notice that we have accepted your Well Completion Report - Parts I as complete.

If you have any questions, please call Charley Ice of the Commission staff at 587-0251 or toll-free at 1-800-468-4644, extension 70251.

Sincerely,

~~~ #eter T. Young f/ Chairperson

Enclosure


/

- , , " ..... A PUMP INSTALLATION PERMITA "Ielu-Kainalu Ranch #2. Well No. 05Wb2

Note: This permit shall be prominently displayed at the site until the work is completed

In accordance with Department of Land and Natural Resources, Commission on Water Resource Management's Administrative Rules, Section 13-168, entitled "Water Use, Wells, and Stream Diversion Works", this document permits the pump installation for Puelelu-Kainalu Ranch #2 (Well No. 0546-02) at Puelelu, Manae, Molokai, TMK 5-7-3:62, subject to the Hawaii Well Construction & Pump Installation Standards (1/23/97) which include but are not limited to the following conditions:

1. The Chairperson to the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weeks before any work covered by this permit commences and staff shall be allowed to inspect installation activities in accordance with §13-168-15, Hawaii Administrative Rules.

2. The pump installation permit shall be for installation of a 140 gpm rated capacity at 434 ft. of head, or less, pump in the well.

3. The permittee, well operator, and/or well owner shall provide and maintain an approved meter or other appropriate means for measuring and reporting withdrawals and water levels, and appropriate devices or means for measuring chlorides and temperature. These data shall be measured monthly and reported to the CommiSSion on an annual basis, on forms provided by the Chairperson (attached).

4. The proposed use shall not adversely affect existing or future legal uses of water in the area, including any surface water or established instream flow standards. This permit or the authorization to pump water from a well shall not constitute a determination of correlative water rights. The permittee, well operator, and/or well owner are notified and by this provision understands that the quantity of water taken from the well could be reduced by the Commission in the future. This permit is not a commitment that the pump capacity permitted here or even some lesser amount is guaranteed in the future.

5. The permittee, well operator, and/or well owner shall complete and submit as-built drawings and Part II - (Permanent) Pump Installation Report of the Well Completion Report (attached) to the Chairperson within sixty (60) days after completion of work.

6. The permittee', well operator, and/or well owner shall comply with all applicable laws, rules, and ordinances, and non-compliance may be grounds for revocation of this permit.

7. The pump installation permit application and any related staff submittal approved by the Commission are incorporated into this permit by reference. This permit is also subject to the Hawaii Well Construction & Pump Installation Standards (1/23/97). If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result.

8. The permit may be revoked if work is not started within six (6) months after the date of approval or if work is suspended or abandoned for six (6) months, unless otherwise specified. The work proposed in the pump installation permit application shall be completed within two (2) years from the date of permit approval, unless otherwise specified. The permit may be extended by the Chairperson upon a showing of good cause and good-faith performance. A request to extend the permit shall be submitted to the Chairperson no later than three (3) months prior to the date the permit expires. If the commencement date is not met, the Commission may revoke the permit after giving the permittee, well operator, and/or well owner notice of the proposed action and an opportunity to be heard.

9. If the well is not to be used it must be properly capped. If the well is to be abandoned then the permittee, well operator, and/or well owner must apply for a well abandonment permit in accordance with §13-168-12(f) prior to any well sealing or plugging work.

10. The permittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for property damage, personal injury, or death arising out of any act or omission of the applicant, assigns, officers, employees, contractors, and agents under this permit or relating to or connected with the granting of this permit.

11. Special conditions in the attached cover transmittal letter are incorporated herein by reference.

Date of Approval:

Expiration Date:

February 25, 2003 February 25, 2005

?c,ETER T. YOUNG, Chairperson Commission on Water Resource Management

I have read the conditions and terms of this permit and understand them. I accept and agree to meet these conditions as a prerequisite and underlying condition of my ability to proceed and understand that I shall not commence work until I and the pump installer have signed, dated, and returned the permit to the Commission. I also understand that non-compliance with any permit condition may be grounds for revocation and fines of up to $1000 per day starting from the permit date of approval.

Permittee's Signature: Oate: ____ _

Printed Name: Firm or Title: ________________ _

Installer's Signature: C-57, C-57a, or A License #: Oate: ____ _

Printed Name: Firm or Title: _______________ _

Please sign both copies of this permit, return one to the Chairperson, and retain the other for your records.

Attachments c: USGS

Department of Health! Safe Drinking Water & Wastewater Branch Molokai Department of Water Supply American Drilling

_._------------------------

FROM: DEAN N.

TO:

BAUER, G. CHING, F. DANBARA, S. FUJII, N.

. GOODING, K. -:r- HARDY, R. -+ HIGA, D. _0_ ICE, C.

IMATA, R. KUNIMURA, I.

INIT.

--

~.


DATE: --J2'-.\+r, :o..:-"-",,,lP,-i (~{)'-?,.-Lj-' __ SUSPENSE DATE:

TO:

MATHIAS, T. NAKAMA, L. NAKANO, D. OHYE, M. SAKODA, E. SUBIA, S. SWANSON, S. UYENO, D. YODA, K. YOSHINAGA, M.

INIT: FOR:

Approvai Signature Information

(01/03)

PLEASE:

See Me Review & Comment Take Action Type Draft Type Final File Xerox __ copies

, "-

DOClJ" lENT 110. SRCI

F YR I:>PP DOBJ

S P3_ ~32_ ~- 1564 - ----

- -- --- - ----

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DEPAATMENT OF L/IND PH) ~TURAL RESOLRCES FEB 26 3XJ3 U\C OR ATTACHED \ttQRKSt ~ET DA . . .

COST CTR PROJECl PH ACT At'OlNT NAME/DESCRIPTION'(WANG IIIPUT)

°l.=>3_ (1) $250.00 ",ance M. & Leslie H. Dunbar (Ck#271) ----- -- --- -------------------

---- ------ -- (2) --- ----------------------- ------ -- 0) --- ----------~--------.

---- ------ -- --- (4) ----------------------- .

TOTAl- !250.00

(1) Fine Well No. 0546-02

(2) Puelelu-Kainalu Ranch Well #1

0) ATF PIP Appl.

(4)

LllDA LINGLE GoveRNOR OF HAWAII

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STAFF SUBMITTAL

for the meeting of the


MEREDITH J. CHING CLAYTON W. DELA CRUZ CHIYOME L. FUKINO. M.D.



0546-02.atfpipa.sub


February 25, 2003 Honolulu, Oahu

Kainalu Ranch American Drilling

APPLICATION FOR AFTER-THE-FACT PUMP INSTALLATION PERMIT Puelelu-Kainalu Ranch Well #1 (Well No. 0546-02)

Well Construction: lO-inch Casing Diameter, 434-ft. Deep Well Pump Installation: 140 gpm for Agricultural Use

APPLICANT: Kainalu Ranch HC-01 Box 901 Kaunakakai, HI 96748

DESCRIPTION:

TMK 5-7-3:62, Puelelu, Manae, Molokai

LANDOWNER: Lance M. Dunbar Same

DRILLER Paul Frandsen, American Drilling, License C-13131 P.O. Box 2035 Aiea, HI 96701

Location (See Exhibit 1a) Dimensions: (See Exhibit 1 b)

BACKGROUND:

September 12, 2000

October 24, 2000

Staff received completed application for well construction and pump installation, to recondition and deepen existing non-functioning well and install a 30-gpm photovoltaic pump.

Well construction permit approved. The normal report forms were sent, in this case including only the constant-rate pump test form, as a 30-gpm pump does not require a step-drawdown test.

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. Item 7

Staff Submittal rtL.t[I)~/, \ J",'-J/~ 'h,.?(

September 4,2001

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October 12,2001

October 26,2001

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November 26, 2001

o o February 25, 2003

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Well Completion Report Part I (WCRl) received, with constant rate pump test, but no wellhead elevation survey. WCRI indicated that two pumps were installed in series, a solar pump rated at 30-gpm and an electric pump rated at 140-gpm. The 140-gpm pump was used for the constant rate pump test using temporary power source. "",cis., ;\~"~( \ S

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Staff sent a letter to the permittee, indicating the requirement for a step-drawdown pump test for pumps greater than 70-gpm capacity, and the need for a wellhead elevation survey before the completion report could be accepted. The survey was especially significant because the well had tapped water 69 feet above sea level, which is unexpected for a well so near the coast.

The letter also acknowledged telephone communications in which it was understood that a 140-gpm pump would be installed as a backup, but that staffs expectation was for that to be supported by an after-the- 7,

fact pump installation permit application. The letter noted that it was " potentially a Code violation to install an additional pump without aN' ". permit nor application, and that this could result in fines. The letter requested an explanatory response to be transmitted with an application, which was enclosed therewith. (See Exhibit 2)

A response letter from the permittee, dated October 16,2001, was received, explaining that the backup pump was intended to overcome potential problems when solar incidence was insufficient. The solar pump would be extremely economical but would likely operate for no more than about 5 hours. This would suffice for pumping needs but not allow a normal constant-rate test of 8 hours. (See Exhibit 3) The letter also indicated that there are no licensed surveyors residing on Molokai, and asked that this requirement be waived.

No after-the-fact pump installation application was submitted with the letter.

The follow-up step-drawdown test was received and analyzed, and

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acknowledged by staffletter dated January 11, 2002. The WCRI 'J

could not be accepted without a wellhead survey, and no further action could be taken on the larger pump pending receipt of the application. An immediate response was unnecessary so long as there was !!Q E~'Y~r ~up.p!y for the pumps, so staff exercised the discretion to defer enforcement.

2

o o Staff Submittal February 25,2003

November 19,2002 Staff sent a letter concerning unfinished business, specifically the lack .. ~ of an after-the-fact application for the 140-gpm pump and the lack of wellhead elevation survey. The letter indicated that no enforcement of the survey requirement had been pursued due to the difficulty of acquiring one. (See Exhibit 4)

December 3, 2002

December 18,2002

By telephone conversation, the applicant stated that the application had been completed and was believed to be transmitted with the letter, and would be resent to staff.

Staff received a copy of the pump installation permit application with only Kainalu Ranch's signature, dated October 16, 2001. The driller had not signed the application.

Staff received a letter transmitting a wellhead elevation survey despite earlier request to waive this requirement, correcting the original application estimate and establishing the water level in the well as basal rather than high-level.

WATER AVAILABILITY:

W"t"~ ~ Aquifer System of the Southeast Sector Estimated Sustainable Yield: 8 mgd Proposed Use: 0.202 mgd (WUP 622), Domestic and Agricultural Total amount ofWUPs for .. UalaJll:l8-Aquifer System: 0.437 mgd

W,-,'o,w.-. ISSUES/ANALYSIS:

HAR §13-168-12(a) states that:

No well shall be constructed, altered, or repaired and no pump or pumping equipment shall be installed, replaced, or repaired without an appropriate permit from the commission.

The applicant states that the backup pump of 140-gpm came into playas he learned more about the limitations of the solar pump, and that as soon as he realized a separate application was required, he completed the application and believed it had been transmitted properly. The date of his signature suggests that the form then went to the driller for signature and walk-in transmittal, but beyond that, we have not been able to confirm what became of the original afterthe-fact application. Once notified again, the applicant copied his original and both faxed and mailed it in immediately.

3

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o o Staff Submittal February 25, 2003

The pennittee also indicates the survey was pursued persistently, and several false starts occurred; after a prolonged period, a survey was finally completed and submitted. Telephone conversations clearly indicate genuine effort to comply with regulations and staff requests. All responsive communications have been prompt, and staff acknowledges many incoming phone calls to check on situation status or to share infonnation.

It is possible that the driller bears some responsibility for lack of following procedure, perhaps in misplacing the pump installation pennit application when other items were transmitted to the Commission. However, there is no way to ascertain that the application was transmitted to the driller. All we can be certain of is that an application was apparently filled in and signed by Kainalu Ranch When notified it was required, but not received at the Commission until over a year later, after we noted again that it had never been received. In reconstructing the events, we believe that the driller's visit to the office around the time of the applicant's October 16,2001 response letter, was the intended transmittal of the application. The applicant believed that necessary follow-up was complete.

Penalty Calculation: (the calculation sheets for applicant and driller are Exhibits 5a and 5b; the referenced penalty policy was adopted by the Commission on April 18, 2001, Exhibit 6)

Applicant

Minimum fine. As a first-time violation, the minimum fine would be $250/day. Because this is a water management area, the penalty policy adds a second minimum $250/day, for a total of $SOO/day.

Potential gravity factors. The penalty policy outlines six potential gravity factors, which can increase the daily fine:

damage or harm to the resource or the environment risk to the resource or to human health refusal to correct the situation the violator should have known it was a potential violation several, not one, violation of standard conditions failure to meet deadlines

The installation of a functioning pump at greater capacity than requested might be a cause for concern for doing damage to the resource, but the pump tests were done with the larger pump, and the results show drawdown stabilizing almost immediately and recovery also very rapid. Given that the wellhead survey was completed, no gravity factors seem to apply.

Potential mitig~~ng factors. The penalty policy outlines six mitigating factors, which can decrease the daily fine:

4

o o Staff Submittal

an insignificant risk to the resource an attempt to remedy without notice of violation or warning good faith effort to remedy following receipt of notice diligence shown following notice of potential violation speedy compliance once notified emergency considerations

February 25, 2003

1-0 S(','\I·i~:·I:, ~c Because neither pump has permanent power for operations, pumping could not take place and the risk to the resource was thus insignificant. Frequent communications throughout the early stages of the original application indicate good faith efforts to follow our fairly strict process correctly, especially with the difficulties experienced in obtaining a surveyor to do the elevation survey. This suggests that the lack of staff receipt of the application for the second pump may be result of misunderstanding or mishandling by the applicant and/or driller. In view of these mitigation factors, the potential violation on Kainalu Ranch's part can be mitigated to SO/day. (See Exhibit 5a)

Driller

I I I • t ~'_f'1l1! ,) to Minimum fine, We cannot show that the driller is directly involved with miscommunication or

v '.v/ -",:-:;' ,-' ) mishandling of the missing application for a second pump installation permit application.

"K 0<1·' ( r' ~I However, this is a licensed driller we expect to understand the process, and he was previously h" 'I'; '~'<- involved with another case that we expect would have made this particular issue fresh in his

mind. More details are presented below. On the face of it, it seems the driller should have known that an approved and signed permit was necessary before il)8~a1ling the 140-gpm

. "backup" pump used to test the well. /1lterefore, the minimum finlettS250), plus water }~management area factor ($250), plus ~epeat instance ($250) starts the calculation at S7S0/day.

Duration of fines. The penalty policy also provides that daily fines may accrue if appropriate to the case, starting at the date of notification of violation and ending with compliance - in this j€l:\o . ,I 'i: ; \ case, resolution or removal ofthe violation. The driller has reaped the benefit of the applicant's' 3r ,( prompt response on notices of violation, and therefore staff recommends that only the one-day fine is applicable.

Repeat violation. This is a repeat incident involving installation of a pump without a permit, following one concerning the Hokukano Well (3153-01) on Hawaii. In that case, the driller was eventually fined $125. The driller had been sent a notice of violation (NOY) on February 14, 2001 for installing a pump without a permit. The installation of the additional, larger pump in Kainalu Ranch Well #2 was completed on July 18,2001, five months after the Hokukano NOY. The driller has likewise been copied on all communications with the applicant for this Kainalu Ranch Well #2 on Molokai, beginning with the October 18,2000 acknowledgement of the original application for well construction and installation of a 30-gpm pump (no mention of a 140-gpm pump), which he ~igned. He also received a copy of the well construction permit itself, dated December 19, 2000, which allows, upon request, the installation of a permanent pump under 70-gpm to conduct aquifer testing, subject to removal if pump test results do not support it. Therefore, the driller should have known about the potential violation when he installed the 140-gpmpump.

5

o o Staff Submittal February 2S, 2003

Potential gravity factors. The driller was sent a copy of the October 12, 2001 notice of potential violation when we first discovered that the backup pump had already been installed without an application or permit, and the November 19,2002 letter about failure to submit an application. No effort on the driller's part seems to have been made to correct this situation after notification. Because the applicant took the lead in resolving the misunderstandings, staff does not believe this necessarily reflects poorly on the driller. Beyond that we see no other potential gravity factors, and none are used in calculating the proposed fine.

Potential mitigatingfactors. Following both the October 12,2001 notice of potential violation and the November 19, 2002 letter, the driller has visited our office, and whatever became of the original application for the 140-gpm pump, the driller appears to have overlooked it from that point on. The applicant has been the one to remedy the after-the-fact application. Staff does not see grounds for completely mitigating potential fines for the driller, and cannot escape holding him responsible for knowing that the original application did not cover installation of a second, larger pump and that such installation was a potential violation of the Water Code. Staff therefore recommends the full $750 one-day fine. (See Exhibit Sb)

Finally, until the fine is paid, the penalty policy requires the Commission to decline acceptance of applications or reports submitted by the driller.

RECOMMENDATION:

That the Commission:

A. Find Kainalu Ranch and American Drilling in violation ofHAR §13-168-12(a), installing a pump without an appropriate permit.

B. Assess no fine to Kainalu Ranch for the violation in Recommendation A as summarized in Exhibit Sa.

C. Impose a $750 fine on American Drilling for the violation in Recommendation A, as summarized in Exhibit Sb, payable within 30 days.

D. Suspend any current, pending, or future applications by the driller until the fine is paid and the driller completes the permit process for this well.

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6

Staff Submittal February 25,2003

E. Approve the issuance of an after-the-fact pump installation permit for PueleluKainalu Ranch Well #2 (Well No. 0546-02) subject to the standard conditions in Exhibit 7.

Exhibit(s):


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1 a (Location Map)


Ib (proposed Well Section) 2 (Staffletter of October 12,2001) 3 (Applicant response letter of October 16,2001) 4 (Staffletter of November 19,2002) 5a & b (Penalty Calculation) 6 (Penalty Policy Guideline) 7 (Standard Pump Installation Permit Conditions)

7

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, , --t BENJAMIN J. CAYETANO

GOVERNOR Of HAWAII

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ADMINISTRATNE AND CNIL PENALTY GUIDELINE (GOl-Ol) COMMISSION ON WATER RESOURCE MANAGEMENT DEPARTMENT OF LAND AND NATURAL RESOURCES

STATE OF HAWAII

I. GOALS

GILBERT S. COLOMA·AGARAN CHAtRPERSON

BRUCE S. ANDERSON ROBERT G. GIRALD BRIAN C. NISHIDA

DAVID A. NOBRIGA HERBERT M. RICHARDS, JR.

LlNNEL T. NISHIOKA DEPUTY DIRECTOR

This penalty guideline seeks to provide a logical and consistent means to assess penalties and guide the settlement of Commission on Water Resource Management (Commission) enforcement cases. The Commission and staff should use this system to:

A. Deter violations;

B. Remove the economic benefit of violations;

. c. . Provide fair treatment of the regulated community; and

D. Offer the violator a chance to undertake a beneficial alternative, under proper conditions, in a partial or total replacement of a cash penalty.

II. LEGAL AUTHORITY

Hawaii Revised Statutes (HRS) § 174C-l5 provides for fines of up to $1,000 for any violation of any provision ofHRS § 174C. For a continuing offense, each day during which the offense is committed is a separate violation.

Administrative Rule § 13-167-10 provides for fines of up to $1,000 for any violation of any provision of Title 13, any permit condition or limitation established pursuant to Title 13, or for negligent or willful failure to comply with any final order of the Commission. For a continuing offense, each day during which the offense is committed is a separate violation.

III. APPLICABILITY

A. This guideline applies to the Commission programs, which include but are not limited to:

1. Measuring and reporting of water data; 2. Well Construction and Pump Installation Permits; 3. Stream Diversion Works Permits; 4. Stream Channel Alteration Permits;

G:\ WORK\POLICIES\Penalty Policies\GO 1-0 1 Penalty Guideline.DOC (Rev. 4-18-01) EXHIBIT 6

o o 5. Instream Use Protection Program; 6. Instream Flow Standards; 7. Water Use Pennits; 8. Violations of any pennit issued by the Commission; 9. Violations for failure to comply with final orders issued by the

Commission; and 10. Violations of Hawaii Administrative Rules Title 13.

B. This guideline is only for use by Commission personnel. The guideline is not intended and cannot be relied upon to create rights, substantive or procedural, enforceable by any party in litigation with the Commission on Water Resource Management, Department of Land and Natural Resources or the State of Hawaii. The Commission's staff reserves the right to act at variance with this guideline and to change it at any time without notice. The Commission's staff expects to change this guideline as it gains experience with the guideline's implementation.

IV. PENALTY CALCULATION METHOD

A. The Commission's staff shall calculate an initial minimum penalty figure for daily fines for settlement purposes based on the following:

1. Finding of violation = $250 per day/incident

2. Occurring in Water Management Area = $250 per day/incident

3. Repeat Violation = $250 per day/incident

(A repeat violation is deemed to occur when the party has previously been found to be a violator by the Commission. A repeat violation is tied to the party involved and is irrespective of the nature of the violation.)

B. Adjustments to Initial Minimum Penalty Figure in Section A: Mitigative and Gravity Factors.

(Rev. 4-18-01)

Reduction or enhancement of any recommended fine will be made based on:(I) the degree of risk or actual harm to water resources or the environment and (2) specific factors listed below. Where the risk or actual harm is slight, reduction of the recommended fine should be considered and where the risk or actual harm is great, enhancement of the recommended fine should be imposed.

1. Mitigation Component

Mitigative factors can be considered in the recommendation of any fine or alternative penalty. Presence of one or more mitigative factors can reduce or eliminate the fine or alternative penalty recommendation. Mitigative factors include but are not limited to: insignificant impact on the resource, attempt to remedy the violation without notice, good faith effort to remedy violation once noticed, self reporting in a timely manner, and diligent and speedy effort to remedy the violation once noticed.

2

o o 2. Gravity Component

Gravity factors can be considered in the recommendation of any fine or alternative penalty. Presence of one or more gravity factors can enhance the fine or alternative penalty recommendation. Gravity factors include but are not limited to: significant risk of or actual damage or harm to the water resources or the environment, mUltiple or repeat violations of the code or regulations, evidence that the violator should have known about the violation, refusal to correct the violation once noticed, failure to meet deadlines as set by the Commission or its staff.

C. Calculation of the Number of Days for the Recommended Fine.

I. If one or more of the gravity components are met, a daily fine may be imposed. Those fines shall accrue on the following basis:

I. Violation where no permit is issued and no prior permits have been issued or no permit is required.

The date the violation has occurred.

2. Violation where no permit is issued but prior permits have been issued

The date the violation has occurred.

3. Violation where permit has been issued

Either: a. The date the violation has occurred b. The date of permit approval c. The date permit issued d. The date of Commission meeting for conditions or

deadlines imposed by the Commission not contained in a permit

4. Tolling. In calculating a recommendation for the imposition of a daily fine, the time may be tolled for upon the filing of a permit application, satisfactory progress in addressing the violation, or for good cause.

5. End. In calculating a recommendation for the imposition of a daily fine, the period of the violation ends upon: (1) satisfactory resolution of the violation, or (2) removal or remedy of the violation.

D. No staff recommendation shall exceed the maximum amount allowable in Section 174C-15, HRS.

(Rev. 4-18-01) 3

e o V. ALTERNATIVE SETTLEMENT

The following considerations will guide the Commission's staff recommendation in deciding whether to allow a project to substitute for or be credited against a cash penalty. However, any finding of a violation by the Commission shall result in a minimum onetime $500 cash fine in addition to an alternative settlement. Failure to successfully meet the alternative will result in re-institution of the fines as calculated in IV.

1. The project must be something that the violator was not required to do anyway, either because of legal or other obligation. Projects committed to, or started before a settlement is [mally agreed upon may be eligible for credit, but such projects must be carefully examined to determine the extent to which they resulted from the enforcement case or were due to other factors, or prior plans or commitments. In some cases, partial credit may be appropriate.

2. The project must result in new water resources (including aquatic biota) information, provide water resources education, or benefit the water resources of the state.

3. The project may consist of corrective action to be completed within a timeframe established by the Commission. Failure to abide by the timeframe will result in re-institution ofthe fines as calculated in IV.

VI. FUTURE APPLICATIONS

Future applications from an applicant who has not paid fines or met alternative settlements or for a project with outstanding violations may be considered incomplete until sanctions are fulfilled and/or violations are corrected.

~.~ L T. NISHIOKA Deputy Director

(Rev. 4-18-01) 4

• o o STANDARD PUMP INSTALLATION PERMIT CONDITIONS

In accordance with Department of Land and Natural Resources, Commission on Water Resource Management's Administrative Rules, Section 13-168, entitled "Water Use, Wells, and Stream Diversion Works", this document permits the pump installation for Pu'elelu-Kainalu Ranch Well #2 (Well No. 0546-02) at Pu'elelu, Mana'e, Moloka'i, Moloka'i, TMK 5-7-3:62, subject to the Hawaii Well Construction & Pump Installation Standards (1/23/97) which include but are not limited to the following conditions:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

The Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weeks before any work covered by this permit commences and staff shall be allowed to inspect installation activities in accordance with § 13-168-15, Hawaii Administrative Rules.

The pump installation permit shall be for installation of a 140 gpm capacity, or less, pump in the well.

The permittee shall provide and maintain an approved meter or other appropriate means for measuring and reporting withdrawals and water levels, and appropriate deVIces or means for measuring chlorides and temperature. These data shall be measured monthly and reported to the CommiSSIOn on monthly basIs, on forms provided by the Commission (attached).

The proposed use shall not adversely affect existing or future legal uses of water in the area, including any surface water or established instream flow standards. This permit or the authorization to pump water from a well shall not constitute a determination of correlative water rights. The permittee is notified and by this provision understands that the quantity of water taken from the well could be reduced by the Commission in the future. This permit is not a commitment that the pump capacity permitted here or even some lesser amount is guaranteed in the future.

The applicant shall complete and submit as-built drawings and Part IT - (Permanent) Pump Installation Report of the Well Completion Report (attached) to the Commission within sixty (60) days after completion of work.

The applicant shall comply with all applicable laws, rules, and ordinances.

The pump installation permit application and staff submittal approved by the Commission at its February 25, 2003 meeting are incorporated into the permit by reference.

The permit may be revoked if work is not started within six (6) months after the date of approval or if work is suspended or abandoned for six (6) months, unless otherwise specified. The work proposed in the pump installation permit application shall be completed within two (2) years from the date of permit approval, unless otherwIse specified. The permit may be extended by the Commission upon a showing of good cause and good-faith performance. A request to extend the permit shall be submitted to the Commission no later than three (3) months prior to the date the permit expires. If the commencement or completion date is not met, the Commission may revoke the permit after giving the permittee notice of the proposed action and an opportunity to be heard.

If the well is not to be used it must be properly capped. If the well is to be abandoned then the applicant must apply for a well abandonment permIt in accordance with §13-168-12(f) prior to any well sealing or plugging work.

The permittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for pr<>perty damage, personal injury, or death arising out of any act or omission of the applicant, assigns, officers, employees, contractors, and agents under this permit or relating to or connected with the granting of this permit.

EXHIBIT 7

FROM: Charley

TO: . INIT .. ~BAUER, G. --_ GOODING, K __ _ FUJII, N. _OHYE, M. _JINNAI, R. _ SWANSON, S. _ KUNIMURA, I.

) " COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: 1)~~ 03

INIT.

11

SUSPENSE DATE

__ Approval ~ Signature

Information

26Sep02

PLEASE: ~ Review & Comment

__ Type Draft "l,./ Type Final


Take Action:

Please See Me


o

STATE OF HAWAII

GILBERT S. COLOMA-AGARAN, CHAIRPERSON BOARD OF LAND AND NAnJRAL RESOURCES

COMMISSION ON WATER RESOURCES MANAGEMENT

DEPARTMENT OF LAND AND NATURAL RESOURCES AQUATIC RESOURCES

HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING, ROOM 555

801 KAMOK/LA BOULEVARD KAPOLEI, HAWAII 96707

BOATING AND OCEAN RECREATION COMMISSION ON WATER RESOURCE

MANAGEMENT CONSERVATION AND RESOURCES

ENFORCEMENT CONVEYANCES ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION LAND

Applicant/Agency: Address:

HA WAn HISTORIC PRESERVATION DIVISION REVIEW

Linnel T. Nishioka, Deputy Director Commission on Water Resource Management

STATE PARKS

Log #: 31932 Doc #: 0212SC08

SUBJECT: (Well No.0546-02) Chapter 6E-42 Historic Preservation Revie~& a Pump Installation Permit at Pu'elelu-Kainalu Ranch #2 ~ ~

(:;) :'-'

Ahupua'a: District, Island: TMK:

Pu'elelu Kona, Moloka'i (2)-5-7-003: 062

1. We believe there are no historic properties present, because:

__ a) intensive cultivation has altered the land __ b) residential development/urbanization has altered the land ~ c) previous grubbing/grading has altered the land

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__ d) an acceptable archaeological assessment or inventory survey found no historic properties ~ e) other: The well site is in existence, and is situated in an existing pasture that has been cleared through chain-dragging. Thus, it is unlikely that significant historic sites are still present.

2. This project has already gone through the historic preservation review process, and mitigation has been completed _.

~ Thus, we believe that "no historic properties will be affected" by this undertaking

Title: ~_~A=r=ch=a=e=ol=o"",l=' s,,-t --=M=o",l=ok,",a~'l,,--' ___ (Phone: 808-692-8026)

C: Director, Dept of Planning, County of Maui, 250 S. High Street, Wailuku, HI 96793 Cultural Resources Commission, Planning Dept, County of Maui, 250 S. High Street, Wailuku,

HI 96793 Malia Akutagawa, Chair, Molokai Planning Commission, PO Box 1715, Kaunakakai, HI 96748

••

----------------------------------------_ ... _-_ ..... -

BENJAMIN J. CAYETANO GOVERNOR OF HAWAII

Date:

To:

Attention:

From:

Attention:

Subject:

o

STATE OF HAWAII DEPARTMENT OF HEALTH

P.O. BOX 3378


STATE MESSENGER

Commission on Water Resource Management Department of Land and Natural Resources State of Hawaii

Charley Ice Commission Staff Member

Wastewater Branch Department of Health State of Hawaii

Lori Kajiwara Planner, Planning/Design Section Phone (808) 586-4294 Fax (808) 586-4300 Email: [email protected]

Well Construction/Pump Installation Permit Application Response

STATE MESSENGER

statemessengerroute,wpd wp14/26/2001

BRUCE S. ANDERSON, Ph.D., M.P.H. DIRECTOR OF HEALTH

In reply, please refer to: EMD/WB .

o o LINDA LINGLE GILBERT S. COLOMA-AGARAN

GOVERNOR OF HAWAII CHAIRPERSON

TO:

FROM:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES :::0 ("')

COMMISSION ON WATER RESOURCE MANAGEMENT ~5? P.O. BOX 621 0 ;:!::

HONOLULU, HAWAII 96809 c-: -"" ;OU:; 0(/1 r::O ~'.;Z: December 10, 2002

MEREDITH J. CHING CLAYTON W. DELA CRUZ

BRIAN C. NISHIDA HERBERT M. RICHARDS, ,IR.

L1NNEL T. NISHIOKA DEPUTY DIRECTOR

:';0 ~;;;&. -a

Department of H~alth ?~ £ ... Attention: ~nnis Tulang, Wastewater Branch 3::?-4 ••

William Wong, Safe Drinking Water Branch ~f""'t-Dr. Keith Kawaoka, Hazardous Evaluation and Emer~y RespmTse Alec Wong, Clean Water Branch, , ~ ~

Gilbert S, Coloma-Agaran, Chairperson tA'A') j ;r~11 Commission on Water Resource Managemen~v, U I~

SUBJECT: Pump Installation Permit Application Pu'elelu-Kainalu Ranch #2 (Well No, 0546-02)

Transmitted for your review and comment is a copy of the captioned Pump Installation permit application,

We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by December 24, 2002, If we do not receive comments or a request for additional review time by this date, we will assume that you have no comments.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Charley F, Ice of the Commission staff at 587-,

CI:ss Attachment(s)

RESPONSE:

[ 1

[ 1

[ 1

[ 1

x [ 1

This well qualifies as a source which will serve as a source of potable water to a public water system (defined as servin!) 25 or more people at least 60 days per year or has 15 or more service connections) and must receive Director of Health approval prior to Its use to comply with Hawaii Administrative Rules (HAR), Title 11, Chapter 20, Rules Relating to Potable Water Systems, §11-20-29.

This well does not qualify as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or 15 service connections) and if the well wafer is used for drinking, the private owner should test for bacteriological and chemical presence before initiating such use and routinely monitor the water quality thereafter. However, if future planned use from this source Increases to meet the public water system defimtion then Director of Health approval is required prior to Implementation.

If the well is used to supply both potable and non-potable purposes in a single system, the user shall eliminate cross-connections and backflow connections by physically separating potable and non-potable systems by an air \lap or an approved backflow preventer, and by clearly labeling all non-potable spigots with warning signs to prevent inadvertent consumption of non-potable water. Backflow prevention devices should be routinely inspected and tested.

It does not appear that this well will be used for consumptive purposes and is not subject to Safe Drinking Water Regulations.

For the applicant's information, a source of possible wastewater contamination )/,is [I is not located near the proposed well site (information attached). r Ct ~ £7 ro G An NPDES permit is required. P ,~O f.tU)~

[ 1 Other relevant DOH rules/regulations, information, or recommendations are attached. X No comments/obje~tions • •

Contact Person: UJ ~ N iCU J' W~V~l ~?l.~ Signed:--->'~"---'---'--__ ~_+t--__ ----'L ________ _

Phone: Sf(} ~4fY14-Date: 1~~2.h· 0'2-

---------------------------______________ ,_, .. ,_ .... t<,'.~

-- DEC-24-2002 139:12 FROM:Mf:iUI E.H. 808 984 8237 ~ . TO: 64300

eaeSOZ0e p: 1/1 ..

• IMoIAIIII" ,I. CII'I'tITMCI aOVClNCI or. MAW,..: II11UCI 8, ~E1t!lll'1fll, l1li.0 • M .... I~ •

"'Hf"OIUI' !fI[M.

I""

I ! J

, ....... ;

STATE OF HAWAII DEPARTMENT OF HEALTH

be.lmlle Request MId Cover Sheet Wastewater Branch

919 All Mglniliw. Room 30t Hal'lCllulu, HawaII 968144'20

(808) 58(;-4294 Fax (808) 586-4300

In "",It. pili ... ,...., , EMC/WI

Dab!: D~0 :Jer; <2QJ?- Total Pages ____ ) ~ __ _ ~ ()~'$-

~Y'IP'w'\otand Tejano, M~ul District H9fth OffIce Ph (SDS)~-8232 FaX(eoS)9~1222

Subject:

L.crl KajlwlrI, Planning/DesIgn sectIOn email: IMllwara(l)eha.health.state.hl.U5

Request far lnformatlon

Do you have any IWS files or records '" q rnWY forthC!! following:

(2) 5 -.l. 3 : 02 p('f,tcl U ~ nafu Rctncli 'ft Q. - - V\ 0 I 0 t::aJ~ ttttWal j _

Please check all that aJWlff [ ] se.werec:l [ ...f1{O record' [~5POCI [ ] septic tank

Pile' If applicable: _~ __

Record Date: Submit Date: Plan Approval Date:

Inspection Date:

Sysb!m nApproval for USe" Oate:

# of 8Idrooms ___ _

[ ] aerobic unit

~~:----------------------------------------------.--------

Please fax slta/plot plan If available. Thank you.

----------------------_ 1 __ M_r"·".>J11i

DEC-20-2002 12:26 FROM:DDH HEE~FFICE

'W'

8085867537 TO: 8085870219 ....,.'" ...",

P.l

'" !'It 7,'1_""1'""1111 "'II.!UI!I"II"~'l~ \1' '~" 'I~! 11'I'~lfJl" "'f',"" ' I" 1111'" I'~"I V 1M""11'1 I, I f1~"'. III''''''I''''flftl\'''t1tIIt'UI ,... 11'''·I'1''''''tt'.*ll'~.I''_ ""'If.~iPt •• u~ll"GLE _ ............ _ RECEIVED

" Oc.PARTMOn OF HL~LTH IItIfAEOITH J. CHlJ-lG

CLAYTON w~ OCI.A CAUZ BRill'" C NIStiIOA

HeNIER'T M. RICHARDS JR

TO:

FROM:

SUBJECT:

1112 DEC I b A C 3b

HEER OFfICE STATE OF HAWAII DEPARTMENT OF LANI.) ANO NATURAl RESOURC~S


Department of Health

P.O. BOX 121 HONOlULU. HIWV"II lIMO.

December 10.2002

UNN". T NISHIOIIA --&OTQII

Attention: . Dennis Tulang, Wastewater Branch' William Wong. Sefe Orloking~Water. Bl:ancb_

t:D~Itb:tCawaoKar:J;t3zardo{Jn=valuatio.,..·and.Emer.o!!1.~-Response; Alec Wong, Clean Watel' Branch • ~tE· . . .. -

Gilbert S. Coloma-Agersn, Cheirperson i:A) 1. ;r Commission on Water Resource Management1f1Y~ • U l Pump Installation Pennit Application

pu'elelu-KQinalu Raoctl #2 (Well No. 0546-02)

Transmitted for your review and comment is a copy of the captioned Pump Installation permit application.

We would appreciate your comments on the C<.tptioned appfiCation for any conflicts or inconsistencies with the programs, plans. and objectives specifIC to your department Please respond by returning this cover memo form by December 24, 2002. If we do not receive comments or a request for additronal review time by this date. we win assume that you have no comments.

Please find the attached maps to lOcate the proposed well, If you have any questions about this permit application, request additional information. or request additional review time. please contact Charley 'F. Ice of the Commission staff at 587-.

CI:ss Attactlmentis~

RESPONSE:

I J

II

(I

[ I

[ I

11

Il Il

ThiS welt guallliO& a5 a &QUR;8 which wiD serve " " IOUrce or QOIabIC waIat to 8 public; 'MIller 'Y'lem (Clof.ned ;!u; MllVillQ 2S or mote .,.Opl8 at ICiist 80 CIaIy5 par ywar or h115 15 or mo .. MMee corwMICIiOnS) and mUlit racaNe Director 0' I1eaII/IIIPflravall!!!g[ 10 II, ute 10 ootnply wilh Heweii Aijrninistrallve RuleS (HARJ. Tille 11. Chaplar 20. RWe5 RelII1inO 10 POIabIO Wat. Systam!i. §11,2Q.29

'tnis well d~ not Qualify a& a &OU1aI saving a public weter ~ (sel'YCa IOU thlln 25 pl!!opk! 01 more peof)Ie all .. 51 60 d¥ per ~ or 15 lif:Mcc g)tinoclion5) and if the welt WIIt~ is UMd for cJrtri"inO. tne MY.1e owner 5hould tesllOr batleti6lOQiCal and chellllCll pr .... nl:e befora iniIiaklg _I,II;h Ulle .nd rout;neIY. mOflitot thO w.w.r guality~.r Howevet. if future pl~ IlIe rrom lllilllourca 1IICraa&llli to maalt'- puolic ~ system definitiOn than DinIdor d Hllallh epprov311s tequirO(l prior to mplementadon.

II Ule wall i5 uMMI to 5upply bath paleble ... ~ I'IOn1lQlllble ~ in a 1Ii.ve ,~m. the use, shall aliminale !;IOss-connecuon, and backIIow co~ tJy ~'y.sic8l!y SCCIOrating potable and nan.potabIe syslemti by an air gap or an IIj)J)IO\Ied baCkIow pnJVenter, an~ by dally I3be1lAO all ~ cpigol5 with werning ,Igns 10 pfeftII1t inBd¥elt8nl con.,umptiOtl ot non-pobIbIa water. 8IdCIlow pnMIntion CIevicOI; Ihoulcl bo routinely inapecied and tested

It dc)e, 1'101 ,ppeat I""'this wOn will be ur;ad for consumplille PIII1ID8H and i5 1'101 aubjecl to ~'C Orinking We1er Regulations.

For Ihe .pplte.nl', Inlomratiol'l. ;II IiOUrca of po,eible wasth/ater contaminalion (]I:. ( ] IS not locatad Mer the propoSf:d WIIIIIIite (infcrmauon anac'-~)

An NPDES permit is reQuited.

OUlCr relOvant DOH rula&lregul.etlon,. In

Contact Person:_ ........ ~-1:$~r---I/lt:l~b'b~~ ____ _

Signed: tI{ Phone: _----:;-__ _

Date:I1/r~ I

-1- Dllc-19-2002 09:24all - From-DEPT OF HEALTH ENVIRONMENTAL MNGMT ,-, '~

8085864352 o T-854 P.00I/002 F-938

'" .. ' '" "'",I'''Ii~''delMHKi'el1t b'f JloIe~I&a,·'Cr~al'j"w~er'l!:mit'tdl·Hl&ljltl1~·Mfll5tJlr1~'~l:!'h~!tlll ",'11" "~"I"" ·"~111.'1"11"""."'1 tit ".'1"'''.

1. For Well-Drilling Activities

Any discharge to State waters of treated process wastewater effluent associated with well drilling activities is regulated by Hawaii Administrative Rules, Title 11, Chapter 55, Appendix I, effective September 22, 1997. Treated process wastewater effluent covered by this general permit includes well drilling slurries, lubricating fluids wastewaters, and well purge wastewaters. This general· permit does not cover well pump testing. The applicable Notice of Intent Forms and filing fee shall be submitted at least thirty (30) days before the start of discharge to the' Department of Health, Clean Water Branch at 919 Ala Moans Boulevard, Room 301, Honolulu, Hawaii 96814-4920 or P.O. Box 3378, Honolulu, Hawaii 96801~337a. Inquiries may be directed to the Clean Water Branch at (808) 586-4309 or by fax at (808) 586-4352.

2. For Well Pump Testing

"Ths--discharger shall·take--aH·measures necessary t-oprevent the discharge -of pol-lutantsfrom i!ntering State-·-- _.- -- -waters. Such measures shall include, if necessary. containment of the initial discharge until the discharge is essentially free of pollutants. If the discharge is entering a stream or river bed, best management practices shall be implemented to prevent the discharge from disturbing the clarity of the receiving water. If the discharge is entering a storm drain, the discharger must obtain written permission from the owner of that storm drain prior to discharge. Furthermore, best management practices shall be implemented to prevent the discharge from col/ecting sediments and other pollutants prior to entering the storm drain.

JS/cr

._--_ .. -_._-- -- -- _._-- .. -

....

~.

-" Dlc-18-Z00Z 08:25am From-DEPT OF HEALTH ENVIRONMENTAL MNGMT .r- 808586435Z o T-854 P.OOZ/OOZ F-838 .. '-'" 1I,t! ... ,~ .• , I~ltl~" I t I, ;'i I'" ~' I'i If ,/I

L~ UNGU! GlLflEKT S. COLOMA-AGARAN .M,....OJ~M ~

TO:

FROM;

SUBJECT:

MefU!DllH J. CHING CLAYTON W. DELA QlIJZ

1IIRJA111 C. NI6HIOo\

1(1]2 DEC ,6 rnI [I:" t=RIE.ffI' M. AICHARDS.JR. HI 12· _ T.t4ISHIOtCA

. ---STATE OF HAWAII

DEPARTMENl OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

P,O. BOX 1521 HONOLULU. HAWAR 116B1111

December 10,2002

Department of Health Attention: Dennis Tulang, Wastewater Branch .. --- -- William·Wong, SefeDril'lkingWater·Branch

Dr. Keith Kaw80ka, HszardOlJs Evaluation and Emergency Response Alec Wong, Clean Water BranCh" ". {C.

Gilbert S. Coloma-Agaran, Chairperson i_"A) j if Commission on Water Resource Managemen~v '

Pump Installation Permit Application Pu'elelu-Kajnalu Ranch #2 (Well No. 0546-o2)

Transmitted for your review and comment is a copy of the captioned Pump Installation permit -application.

We woulO appreciate your comments on the captiOned application for any con'flicts or inconSistencies-with the programs, plans, and olljectiVes specific to your department. Please respond by tetutnr:athis cover memo form by December 24, 2002. If we do not receive comments or a

... _. -teques ditionaLteYJew.time..by.this...d.ate,-wc .. wil[.assume that you have no comments .

. - Please.fiAd..#le-attaaed, maps tQ-I~,the-proposed·well. If..YOI:}-tJav~f1Y"tlt1estions about this permit application, request additional information, or request additional review time, please oontact Charley F. Ice of the Commission staff at 587-.

CI:ss Attachment{s)

RESPONSE;

[ 1

I J

[ 1

[ J

II

II

)( I J

ThiIi wall quaPf_ .. ~ mUral whic;h wib IiIlMi a& 8 &OUIOII of palllbl8 ~ to IllIUbIIc: w.er sYSlflm (dBfinad a6 ...,1119 Z6 Or mora people .t 1 .. 51 80 ~ ptII" year or has 15111' mora .. arvice QIIIII'IIIf;tio) IIId mus' receMt DIrecuIr of l18ahh ilpl)nwal ~ to IS U •• to IXImply whh Hawlk AcIfI'Inil;hlive I\IIlft IHAR), Tilllll. CIIIpIIr 20. RuleS Relaung 10 Palilble Waltlr S_m,.. §11-Zo.aB.

"(his well doeS not quaMfy .. alOUfCe Hf\IIng a PIlIIUc: ".., S~ IseMl less mo 25 peollla or rnorB peOPle at letI&t tIO ~ par \'OIW or 1:i HNioe GOfIIIOGIione) n if lhe wetl ..... l. IIHCI for IIrInlllng, =1e owner ahoultf _ far bactericllOllicaI ana CIlaIlllC81 pteSlInCe befOre InIll8tlnQ sUCft lise Ind routinely' moni1CW tne wafer guati lhereafter. Howaver. if fImn lIIat1nea !lie from lhi& IIOUn;e InctOI.es to meet the plibllo weter .t*m definitIOn !hell DIIedOI' or h IPProvai iI; nlquinld prior to ImpiementaliOn.

If 1t1e WBlt iii UHd to supply both poIa/JIa and non-polllble purpa~ in a 5i.ve ~~. the uset ShaD elinlinata ~CIIOft. Ind b8c:kfIow c:annection. b1 phyeicaM}' MPlrming paIIOIe and nan-pataIIIe s~ms by an air gap Or ~n approved bIIc:IdIow prevanlllr. Ino DV cl.arly labeling au non-pcIIaCIII spigOtS wM warning Sigt'& 10 pnrvant iniIdWrtant mn&IImpllOIi of non-potable WaIar'. BeCkIbv pre.emtan cMMCft 5hou1d be RlUtinaty in&p8cllld ~nd 1IEIad.

II does nOI appear !hIII tnts wen will be used fOr consumpdve ~ ana. IlOl subj&t;t ID Safa Drinking Waler ~egUlabon&.

For tria apPlicanl'5 information. 8 source of po&5ib1a _lIaWatar CMtamInadon [ )Is [ ) 1$ Jlot located ncar the propOli8d ~I Si1C (InfOrmation DftIIChecl).

All NPDeS peml is requlreCl.

Other relevllnl DOH rut8llregulaliOn ... illfOrmation. or rucomrnendlllionii 1m' pttedled.

1110 C<ltTlrnenllwDPjacl,ons

Contact' Person; At J!. & WI) ~

SigrIed: GJ,L,vW 4 Phone; 51{, - Lt-3 t1~

Date; (Z{lq (tl k=-

A·· , , r c RECEIVED

OZ DEC 18 All: 3 0

cm~~~ISSION ON W}\ TER RESOUHCE M;\!~,~GEMEIH

f'l~", ~CM.~-e.. ~ bvAMt( a.0I\A. ~ 1tA-tev,

·;' ,

-'"j

, .'

"1

'/

. " " .....

• AKAMAI LAND SURVEYIIVG, lNC.

December 10,2002

Kip Dunbar HeOI Box 901 Kaunakakai, Hawaii 96748

SUBJECT: Drilled Water Well L 4 .. 09A-~ -01..) TMK: (2) 5-7-03: 62 MoJokai, Hawaii

To Whom It May Concern:

o p. 0 IJox i 7·18, ;\ /akawuo, AIUtli, / /mraii <)6 ~68

(e!ephcf71.! (8(/\) 8 7(;-0177 1-1 X (808) 8 76-!Jj ~()

[hereby certify that the elevation on the top ofconcrl;!te pad supporting the well head casing is at 385.6 feet and the top of well head casing is at 387.3 feet above sea level. -Elevations are based on an actual field sLlrvey performed on January J 6,2002 and t1dal observation on that day.

Please call me if you ha\e any questions.

lQ9.~~~ Sherman Dudley DePonte Licensed Professional Land Surveyor State of Hawaii Certificate No. 6960 Expiration Date: April 30,2004

SDD/sar 202216' enclosllres

_________________________________________ ~."' ...... 'f._

-- \

"

\\~ainaIU tanch Forest StewardSh' Plan

Unit Description A 25A Dry, moderate slope, south exposure B 20A Dry, moderate slope, eastern exposure D 20A Dry, moderate slope, south exposure E 34A Moderate Moisture, Steep, south exposure F 10A Moderate Moisture, Steep, west exposure G 22A Moderate Moisture, Moderate to steep slope, varied exp , H '10A Riparian to be managed for native species I 65A Moderate Moisture, Moderate slope, varied exposure J 15A Moderate Moisture, Moderate slope, south exposure K 20A Moderate Moisture, Moderate srope, south exposure L 40A Moderate Moisture, Moderate slope, east exposure Z 4A Flat, irregated, Planted to kou

Fencing

BLOCK B Size = 20A Exposure:: Eastern Slope = Moderate - Steep Moisture = Arid Soils = Windbreak = 6,000 Feet Fencin~ = 3,400 Feet Drip Irregation = 12,000 Feet

FidA *1'7>

Fencing must be designed to exclude pig and deer. An eight foot fence is recommended. The fence should include a lower section of 4 foot hog wire with the top consisting of three rows of barbed wire spaced a foot apart.

On flat ground, and particularly, if the ground outside the exclosure slopes toward the fence, a 4 foot outrigger fence may be needed to keep the deer from jumping the fence.

There is no existing cattle fence in this unit. An 8 foot primary fence will be built around this unit. Because of the topography, we expect a single fence to be an effective exclosure.

Windbreak Windbreaks will consist of two rows of trees ten feet apart. The effect of a windbreak is roughly 1.5 times the height of trees. Therefore, spacing between windbreaks should be no more than 150 feet. On sloping ground, where the windbreak needs to contour the slope, the windbreaks should be closer together in order to make up for the height lost due to slope.

In a relative arid site, windbreaks not only reduce the physical impact of the wind, but they also help reduce transpiration and mOisture evaporation from the soil.

_________________ -I~ "~'II~I'I!I~ ,,-,tIP

\ o ;K':' .~~ ~ (o~

.fv QJ,..~ m ' ,.

GILBERT S, COLOMA-AGARAN CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CRU2

BRIAN C. NISHIDA HERBERT M, RICHARDS, JR

1fiu1 L1NNEL T NISHIOKA DEPUTY DIRECTOR

TO:

FROM:

SUBJECT:


COMMISSION ON WATER .RE-5QURCE MANAGEMENT P,O, BO)( 621·--:'

HONOLULU, HAy./4JJ 96809

December 10, 2002

Dede Mamiya, Administrator Land Division

Linnel T. Nishioka, Deputy Director dA£ j Commission on Water Resource Management ,

Pump Installation Permit Application Pu'elelu-Kainalu Ranch #2 (Well No. 0546-02)


Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Charley F. Ice of the Commission staff at 587-.

, CFI:ss Attachment(s)

RESPONSE:

[ 1 A water lease/permit is required of this applicant and an application for such will be requested by our division.

»xl A water lease/permit is not required of this applicant. Land Commission Award 7758:1 issued bet:ween

[ 1

. .,. tfl A water lease/permit has been obtained by the applicani'iAfu'tgfl 1~§s'k5rro. _________ _

[ 1

[ 1 xpq

This well project [ 1 requires h<l..does not require a CDUP. If a CDUP is required it [ 1 has [ 1 has not been approved' and [ 1 is [ 1 is not currently active.

Other relevant Land Division rules/regulations, information, or recommendations are ~§ed.

No objections ~ 3:-c=::;

Other comments: . -

e applicant's map. ~eveGit -~~"eIi~:d~~~;:;rlt'e'!rt1trrc~"'S't~~a.a..-, --.:z: ~ci

Contact Person: _..:;G,;;,:a.::.r.LY-=-=M,;;,:a.::.r..:;t..:;i.:.:n~ _________ _ Phone: 587-04~:Z: .. Gl.:¥£ CIt

Signed:_-"'7"::"'~";>"" L-----f--~---'---. -----n:l> 3:."'""fI

Date: DEC 1 8~ .... .W

11

a~ears to

< I'll!

-------------_________________ 1 ,,· ........ P'HIUIII ..

DUNBAR BEACHFRONT COTTW~- FAX NO 808-558-8153 Nov. 26 2002 04: 18PM Pi

State of Hawaii 0 . For Official Use y:

IE1CJMMII6I.'IONMlArrHR RI!StIJ._""AtIQ.!'M ..... •, ,," "" "I."II,.~.nH"'''! .11t .'.'.'111'. t

Department of Land and Natural Resources APPLICATION FOR PERMIT

Instrucrl_: Pluae print in ink or type and send completed application with aDa_ills 10 Ilia Commission on Water Re.ource Management. P.O. Box 1121. _ulu. Hawaii Il15809. Application must be ~niecI by !i Cllpia& and a iIolI-refUndabie filing lee of $25.00 pavable 10 tlla Dept. 0' land and Nlltu,al _,.,... Tbe Commia5lon ""'Y nolac:cept """""pieIe applictlions. For a&6iG1anoe. can tile Regulation Branch at 517-G22Ii. For further information and update610 lhis application fClllJl. vis~ htrp:l'-.state.hi.U6ldlnr/.-n>.

APPLICANT INFORMA nON: (FiU out all tluee. if applicable. and place a chec:k next 10 th8 primary contact)

1. (a) Jit WELL OWNER: l...N.lc.w M 1),\~ ConI8CtPelllon: ~"'d Phone: '&e>-5Se~83k1:,

MBitingAddress: ""'" ~D.'. f50C)'l- 90 1 • t A.L!~ " \Hew." -">14f F.: Q, .. t!>- S5e-els~ E-mail: K.40:'Nt1I/IUJ e.. 1Il"""-",,, .,c. ...

(b) 0 LAND OWNER: Sea""''''''$ .....w.,,~

Mailing AckIteS$:

Conrac:t Pelllon: ______ _ Phone: _______ _

Fax: E~H: _____________________________ ___

(c) iii CONTRACTOR: AM\? rLlC.4~l)(U .. L!~ Contact Perwn: ~.Uc..£'lUINb&'4W Phone: ,ss; ~,"I +s V·O.4DX '-DDS A,e: .. , ~.." 9b1o'

FIX; E-mail: ____________ _

WELL & PUMP INFORMATION: (Please IiII in !he diagram OIllhe back oIlhill form.)

2. WEll NAME: "1Ac.\c..'''\-~iwv..I'''' ~V\Lk '\\'2.. OS4'-"0'2lsland:

Address ~t: 01 t!!O-t 00" "'folo~.~ Tax Map Key; ~.~-~: ,~ Zone Sec Pial P.rcel

A\IJCII: (a) portion of a 7.~nute lielie& USGS \OpDgIaphic map (scale I :24.000) with _U locaIioIIlabelec! and include the nama 01 "'" quad map (b) a property ..... map. ehowing well location referenced ID established property bDuI\dIIn....

3. PROPOSED WORK: 0 ConstructNewWell JO lnst.aJJNllwP""'P" P.;..o;:..:/ \~~W\ (c/IecI( 811 t/rat apply) 0 Modify Exi&ling WeI' 0 Modify Pump'

4. CONSTRUCTION:

D Abandon/Sear

__ O=-5_4.:..c..~-_0_2. __ (~unknown. pleae call CommMion at 5117~) 'SIaIa Well No.:

/Ill Drillecl o Dug tJ Shaft 0 Tun",,'

Is this well part <JI a battery of wljl~? DYes If; No (Please daaibe)

5. PROPOSED PUMPING RATE: 140 . gallons per minute

6. PROPOSED USE: (~.,I f1I.al apply)

o Municipal (including holels. 5Iore •• etc.) o Industrial

til Domestic (individual. noncommercial waler systlllll)

Does 1hi5 _N """'" :>5 0' mOr@ I"'opfe 81Ie;OSI80 Uy. per year or have 15 or mora sa~ _Ions? 0 Yes A No

]i( '"igalion (c:rop) ....:E2""" 'i-t V'1 __ -f-C''M, Uk> ~ No. 01 Acres: _..:.16=0=--___ _ D Milt;uy 0 Other (explain);

7. (a) PROPOSED AMOUNT OF WITHDRAWAL: "" ..... k> ~ "1Dl-.lIOb gallons per day "'''o~."",

(b) METHOD OFFlOW-MEASUI~EMENT:-____O FIoi.vmete. III Open-pipe 0 Weir D Orifice 0 Othertexp~in)

OTHER IMPORTANT INFORMATIQN:

8. LEGAL REQUIREMENTS: /I fflqUirerJ. u..$' pwmiIs truI!! be olIlained babe!he ~ """ /ef1aIIY issue. permit.

Conservation Dlelrict Use Pennlt (COUP) To find out if a CDUP is -'Y. cal DLNR Land Division al1i87~I4

1(. Not Requl18d If requited. dille appllMd :::0 ~ <:')

Environmenlallmpact Stllle"",nt (EiSI 0, MviroMIanlal AsGlIGSmeni (EA) To determine if ~n EIS 01 Ell i5 ~ ~ OECIC,a&Ji86-o41~ JIl.. Not Required If required. ale publi&hed in OEQC bllllelin ~ ;:; ~ m

Speclallbniogemeni AlBa Pennit (8MAI') To determine if an SMAP is necessary: on o.",u. cal !i27~374; on Hawa~1.a288; for Mau; (') murdy •• .aII :l70-72J5: on K .. uai. U1124t -wn. 00 W .~

oJ Not"- .~ If '-- d ~ '3,::z ~ ".-.Uh.... requlr_. ale approv~ 7::: -=> / -x: .. ~

9. REMARKS, EXPlANATIONS: ~"'~ W \j (II more s ace is needed. "lI58 aaach .dditional sheet fll:;:;;l\

\

" , ol..III8iUoQwledga. F .. ttl!er. ~nalCriec; " .... ..:llIIan.s 11-... 1 __ 1 o! ~1Icn allac/le the IIlIowing _lUll Condlliona; II I/Ioj piOpOsea NOTE: Signing ~1Qw indicates. !he slgnaton.... und£nllllncI and swear lhallhe information prDVlded. on lIIis application Is . rille and t the be5~

l

work is 10 be c;ompleled within two (2) YNIS of the approval date; 2) the con_ shaU submit 10 Ilia Convniosion a well compIeIiot1Iabando""",t11 report wllhln 10 days ,fter Ilia completion dale of !he permII\Id work; 3) monthly water use data shall be I!UIJrnIIII!d to the _CO!n!TIission; 4) slIGh approval 5hal1 not c:onsIiIute a dell!lminallon 01 correlaliwo _ rights and GIlaU not guarantee the pump Qlpacily or future use up to the permitleO pwnp

c;apac:ity; ~) in the IMII'II that the application iIr not campleted oooedly,any permII. rna, be suspenaecJ untl!he 111m 15 brought in.IOCOi1ijlIia.· nay~ a, ny 1-work GOne while tile pennI is in suspension may ,.tIII in fi.- 01 up to $1D0111day. .,:." / ,-)

Well Owner ' '0 Landowner __ .. contractorC.,4 .... ···'~i.h .... J~< - . (prinllegibly) (prini't./glbly) (print iIIgibIy) ;.

Signature Signature Signature"

Date Date Date J..4,,:/ It - ,-' I ~c.~J For official use only

Latitude ______ Aquifer System No.

Longitude State Well No. WCPI~ Form 8121101

_______________________________________ ,~ <~'~It<,..)l1 11.~1~

·}

, :or .... I .:., ,

FRX NO. : 808-558-8153 .~ Nov. 29 2002 03:45PM P2 IIII:.:lUUK\..t:. I',Lo1 • 6J. U.,uu....., ...

~" ~ ." "',' "tlf"'Io-' ... , ,,,.' .. "11"" ,t.: ." I! P t~!''t IiI., .. , •• ,. j, •• ! 11"' ~. , ... .,.<-11 ,It 1 ; •• .., .. tlttllfJ N' .I"'t"'" '''' ...

10. PROPOSED wa...L SECTION (p1NfIIe f/tfadI t;OMlNIIic II tJiIWrmt from ~ pnM:I/:f1l1tt1kJw)

Hole og".-: It. In.

Elewlioe • top d eII8iftS ~ flu rlI8I" ~. -I----:. MiniIl'MYl of 2\ RadIus & •• TllIdC COr1cr$ Pad (to CIOftt;in bBnchmtlk ~ ID tIearest 0.01 I.)

j

i ! .... j ! i I

Cemert GJWt: It. (mi,.. 70% of dilllal108 flam ..-s oI-.IIioo\ tv kip II war ~oe or $00 ft.. whiahew:r is Ie».)

""l!uJar.~ il&tween "* and c:MIiftg (min.3i:

-S...-iIl.

J...:- . , Ground EIIMIIion: __ ...Jft.. rn.r

~O:"-"""--;dir....,~

Soid QiIISiftg: ~ ~ )C (Grvund hv . .w.r l.eIIel BW))'.

. TotIl~ .. .J.". ._ ... _. .. .-1.-'" _._ .. __ .. - .- _._.-Nominal DiIImeIer: __ -:::,~o::':::Z;..:lln ___ in. WM,"**,-,: ___ ~~~ 1!!ft<=-____ irI. JITl" IIOIIOm a...ation:. ___ !! ...... ~"'-__ L. mat

~ ~

ADdc or GmeI ~

,~q ~ ~

c CrvMoct e.N1i c~GrDII

)( PelfOlllted

Teitel L.IngIh: __ ---'4~o~~---tt. Nominal CI8rm8r: • 0 ~ P in. .. I

\MIi1~ ~_ ...... 4~· ~S .... O_J:""''''--~1rL BeamI fleYalien; ~'L ft. ......

ra.: ".".,.bDnfDIr.mrmutJ~ .. .,..,;" .

ClplnHgle: :j : .

.' .!: .. Langfl; ___ ~,Ir::__----lI.· DIeIIMIw. ___ ... I~O~-----in.;

I ·r ':1. :. J.j _______________ ....

BoaoftI EIewtkln: \ " -.. ".;.

~ Iton-qlt __ Baal w.a. - boItom elJwatign of wet ~~ no! l* CIMpef than 114 til aqll"'~ or.

UoIWm ~ afW .. LmiI- (w.rEleYldion •• , , MIIr ',.' EIm!jgn )

EJ3nIDIB: 1!III1mtRd .. 2 fl W»Itt a,...., II"IIN. --. ~ ~ fA MI Unit. (a-~) ~ ., •.• Il

kDd CUhaMlllpriIlj c.tIan 5tM1: CIOIIIP(1Id wiItI (c:beGII one Of~): :::l ANSVAWNIt caoo !:I API Spec. Sl 0 A!rnI ~ c A$'1\4 A139

And COft1p/IanI Uth ~GIIf or IIIOt1t>; ;I A$N ~ D 1)pe e 0 T~ S 0 GIWIM 8 e at. staInIHa ItIIeC (dIac*DtIIr): 0 ASTt.4 A.09(prvdudoft .... ) ::I ASJUAS12 [mIIniecir-ua, ASS PI.aie aJIIfoaIftiw to AST'M F.ao andAS1M D1Rt7: (~_ D SdIed.40 0 ScMduIe 80 PVC PI..sc ~ IDAITU ....., 1l1li (ASlM 01'M or ASnA D2:lI&1): (~_): 0 SdIecIuJe ~ 0 Sehecka 80 0 Sc:IIIIdUe 120

'rhenncBe! PIIBI:Ia: (r:hteIt Mt) C RIIIIMnt Wound RMia JIipe ~ fj) ASTM DaU88 c ~ CUt AMI" PIpe QOnfocnIing tl)A,SN ~

Oecn C~ln9. .ater!aJi.

~ RIIinfon:ecl PIas1Ie MorIIr PI1au .. pt,e ~ to ASnA 03617 OJ Gt .. FIber ~ ~II PreaII. pp! COllfOtftIIIIg tDAWWA C950 :: Pn=! ~TIDng~t)ASTMD32Se o FEP flUOI'DC~I!'1OII TubiI\g confOrmitlOtoASTU D3296

camon .... :compllantWllh(c.'IocIcM8(1/'I\'IO,.): OAN$VAWWAC2QO 0 APiSilec.15L DI.SNA53 oA81MAI88

And compr_wBa (~~ or men): iJ AS1M A242 D TyDe E 0 ~ S 0 OradIJ IS ::; OIlIer

Sta.II-. S1MI: (a-ott~): 0 ASTU ~ ~ ..... ) 0 AS"D11A312(1DOIIIIor -'''I AM PIaaIc eonfarmiQg to ASTU F480 ane AS'TM Di621: (ditJdt 0118) C ScmduJe 40 :I SdIodule ao

.' ...

PVC PIMtio COIIbming ~ ASTM F.c&O and (A$Tl.1 01716 or AS1'M D2241): (cfNCIIt 0fIe)! 0 Sc:hedula «l r:! 8eIIecIulliIO 0 Sc:Ndule 120

TlIomIOut PI:adc: (chedt one) c Fa.llII/It Wound ResIIt P\tIe ~ toASTM ~

. __________________ 1'I-,.'t'~llt', , """

::::J!.1lloe.k'e Fishpond

EXHIBIT 1

· . LINDA LINGLE

GOVERNOR OF HAWAII GILBERT S. COLOMA·AGARAN

CHAtRPERSON

TO:

FROM:

SUBJECT:

RECEIVED MEREDITH J. CHING CLAYTON W. DELA CRUZ

SAFE DRINKI BRIAN C. NISHIDA NG WATER BRMfCtIM. RICHARDS. JR.




December 10, 2002

Department of Health Attention: Dennis Tulang, Wastewater Branch

Wil1iam Wong, Safe Drinking Water Branch


Dr. Keith Kawaoka, Hazardous Evaluation and Emergency Response Alec Wong, Clean Water Branch . , " .. G' .

Gilbert S. Coloma-Agaran, Chairperson i ",'M j If 11 Commission on Water Resource Managemen~v, U I~ Pump Installation Permit Application

Pu'elelu-Kainalu Ranch #2 (Well No. 0546-02)


We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by December 24. 2002. If we do not receive comments or a request for additional review time by this date, we will assume that you have no comments.


CI:ss Attachment(s)

RESPONSE:

[ 1

[ 1

[ 1

[ 1

[ 1

II

This well qualifies as a source which will serve as a source of potable water to a public water system (defined as servin!) 25 or more people at least 60 days per year or has 15 or more service connections) and must receive Director of Health approval prior to Its use to comply with Hawaii Administrative Rules (HAR). Title 11. Chapter 20. Rules Relating to Potable Water Systems. §11-20·29.

This well does not quality as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or 15 service connections) and if the well water is used for drinking, the private owner should test for bacteriological and chemical presence before initiating such use and routinely monitor the water quality thereafter. However. if future planned use from this source Increases to meet the public water system definition then Director of Health approval is required prior to Implementation.

If the well is used to supply both potable and non-potable purposes in a single system, the user shall eliminate cross-connections and backfiow connections by physically separating potable and non-potable systems by an air Qap or an approved backfiow preventer, and by clearly labeling all non-potable spigots with warning signs to prevent inadvertent consumption of non-potable water. Backflow prevention devices should be routinely inspected and tested.


An NPDES permit is required.

Other relevant DOH rules/regulations, information, or recommendations are attached.

No comments/objections --Contact Person: l3 i /1 (Md? Signed ~/L~

Phone:

••

----:.a.; ..... ~ DEPARTMENT OF LAND PKJ t-.LA.TURAl.. RESO~CES 2002 DATE:OEC 13

DOCUJFNT N:) • c. lJI\C OR ATTACHED WORKSHEET g . SRC/ COST -

F YR fJPP D OBJ CTR PROJECT PH ACT AMJlNT NAME/DESCRIPTION'(WANG INPlfT)

S 03 326 C 1026 0752 (1) 25.00 Lance & Leslie Dunbar -- --- - ---- ---- ------ -- --- ------------------ -- --- - ---- ---- ------ -- --- (2) ---------------_._---- -- --- - ---- ---- ------ -- --- (3) -----------=----------

(4) .. '

- -- --- - ---- ---- ------ -- --- --------------------TOTA!- 25.,00

REl-'ARKS: LINE (1) '-1:1 No. 0546-02

LINE (2)

LINE 0) LINE (4)

LANCE M DUNBAR LESLIE H DUNBAR HC01 BOX 901 PH 808 558 8362 KAUNAKAKAI, HI 96748 Date

59-10211213 41

~.4, 7.001-

I $ 25.~

241

~h Bonk of Hawaii ~ KAUNAKAKAI BRANCH '--R- I KAUNAKAKAI. HAWAII 96748 , J L-___ _

• • P-.- ~4 -. lIP 10r ~9\~~""'f'ec. C. Ic:.c- ___ . -----~- -------------

I: I. 2 I. ~o 1.0 281: 008 I.lIlb 20 ~ ~~II' 2~ I.

~-~--------------'- .""", ..

LINDA LINGLE GOVERNOR Of" HAWAII


Dear Mr. Dunbar:

o o




December 10,2002

Request for Extension Pump Installation Permit Application for Well No. 0546-02

GILBERT S. COLOMA-AGARAN CHAIRPERSON




0546-02.pipa.ack

Thank you for your letter of November 29, 2002, requesting an extension of the pump installation permit for the 30-gpm pump to complete the power hook-up in the captioned well, .,...) and submitting a copy of an application for the 140-gpm pump, also installed In September'. ' 2001, which you believed to be filed in December 2001. Because the installation work is complete, with only appurtenant wiring to be completed, we have determined that a permit extension is unnecessary.

"We-aCRnowleagereceipt, on December 3,2002, of"your completed after-the-fact Pump Installation permit application and filing fee for the Pu'elelu-Kainalu Ranch #2 (Well No. 0546-02). You can ~xpect your application to be processed within ninety (90) days from this date. Because this i$ an after-the-fact application, it must be taken to the Commission for approval. Please be awar-etAat after-the-fact applications are a potential violation of the Water Code subject to fines of up to $1000 per day.

For your information, the process of constructing a well is normally regulated and permitted in two (2) steps. First, a well construction permit is issued for drilling and testing purposes only. Based upon information provided by you through a Well Completion Report Part 1 (Well Construction), a pump installation permit (upon completed application) may then be issued to authorize pump work. If a pump is installed then a Well Completion Report Part 2 (Pump Installation) is required.

If you have any questions about your permit application, please contact Charley Ice of the Commission staff at 587-0251 or toll-free at 984-2400, extension 70251.

CI:ss


! Since;; t1 v-O :PlJU. U~ ~ ~JEL T. NISHIOKA

Deputy Director

I

--------------------------------,- "" ...

o o LINDA LINGLE

QOVERNOR OF HAWAII GILBERT S. COLOMA-AGARAN

CHAIRPERSON

TO:

FROM:

SUBJECT:




December 10,2002

Department of Health Attention: Dennis Tulang, Wastewater Branch

William Wong, Safe Drinking Water Branch

MEREDITH J. CHING CLAYTON W. DELA CRJZ

BRIAN C. NISHIDA HERBERT M. RICHARDS JR


Dr. Keith Kawaoka, Hazardous Evaluation and Emergency Response Alec Wong, Clean Water Branch. .. .. C'" .

Gilbert S. Coloma-Agaran, Chairperson i:D j ;r"11 Commission on Water Resource Managemen~v ,U I~ Pump Installation Permit Application

Pu'elelu-Kainalu Ranch #2 (Well No. 0546-02)


- --We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by December 24, 2002. If we do not receive comments or a request for additional review time by this date, we Will assume that you have no comments.

Please find the attached maps to locate the proposed well. If you have any questions about this permitapplication, request additional information, or requ~st additio"-~Lre'{i~w time, please contact

~Cnarley F. Ice' of tlieCommis-sloh-staff at 587-.

CI:ss Attachment(s)

RESPONSE:

[ I

[ I

[ I

[ I

[ I

[ I

[ I [ I

This well qualifies as a source which will serve as a source of potable water to a public water system (defined as servin!) 25 or more people at least 60 days per year or has 15 or more service connections) and must receive Director of Health approval prior to Its use to comply with Hawaii Administrative Rules (HAR), Title 11, Chapter 20, Rules Relating to Potable Water Systems, §11-20-29.

This well does not qualify as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or 15 service connections) and if the well water is used for drinking, the private owner should test for bacteriological and chemical presence before initiating such use and routinely' monitor the water quality thereafter. However, if future planned use from this source Increases to meet the public water system definition then Director of Health approval is required prior to Implementation.

If the well is used to supply both potable and non-potable purposes in a single system, the user shall eliminate cross-connections and backflow connections by physically separating potable and non-potable systems by an air ~ap or an approved backflow preventer, and by clearly labeling ail non-potable spigots with waming signs to prevent inadvertent consumption of non-potable water. Backflow prevention devices should be routinely inspected and tested.


For the applicant's information, a source of possible wastewater contamination [lis [l is not located near the proposed well site (information attached).

An NPDES permit is required.


No comments/objections

Contact Person: _________________ _ Phone: ______ _

Signed: __________________ _ Date: _______ _

-------------------------------------------------------------------------

o o LINDA LINGLE

GOVERNOR OF HAWAII GILBERT S. COLOMA-AGARAN

TO:

FROM:

SUBJECT:




December 10, 2002

Dede Mamiya, Administrator . Land Division

Linnel T. Nishioka, Deputy Director Jkf9 j Commission on Water Resource Management ,

Pump Installation Permit Application Pu'elelu-Kainalu Ranch #2 (Well No. 0546-02)

."

CtWRPERSON


BRIAN C. NISHIDA HERBERT M. RICHARDS. JR



We would appreciate your comments on the captioned application with regard to the programs, plans, and objectives specific to your division. Please respond b1 returning this cover memo form by December 24. 2002. If we do not receive comments or a request or additional review time by thiS date, we will assume you have no comments.


CFI:ss Attachment(s)

RESPONSE:

[ 1 A water lease/permit is required of this applicant and an application for such will be requested by our division.

[ 1 A water lease/permit is not required of this applicant.

[ 1 A water lease/permit has been obtained by the applicant through lease no. __________ _

[ 1 This well project [ 1 requires [ 1 does not require a CDUP. If a CDUP is required it [ 1 has [ 1 has not been approved and [ 1 is [ 1 is not currently active.

[ 1 Other relevant Land Division rules/regulations, information, or recommendations are attached.

[ 1 No objections

[ 1 Other comments:

Contact Person: ________________ _ Phone: ___________ _

Signed: _____________________ _ Date: ______ _

-------------------------------,_ ..... .

o o LINDA LINGLE

GOVERNOR OF HAWAII GILBERT S. COLOMA·AGARAN

TO:




December 10, 2002

CHAIRPERSON



LlNNEL T. NISHIOKJl. DEPUTY DIRECTOR

FROM:

Don Hibbard, Administrator Historic Preservation

Linnel T. Nishioka, Deputy Director i~·D j YJ/? Commission on Water Resource Management ~V . () "-V

SUBJECT: Pump Installation Permit Application Pu'elelu-Kainalu Ranch #2 (Well No. 0546-02)


We woulMppreciate your comments on the captioned application with regard to the programs, plans, and objectives specific to your division. Please respond by returning this cover memo form by December 24. 2002. If we do not receive comments or a request for additional review time by this date, we will assume you have no comments,

- PleaseiindttTe-attached maps to locate the proposed well. If you have any questions about this permit appli9ation, request additional information, or request additional review time,

-pTease cOhlatrCharrey~.-lce of the Commission staff at 587-.

CI:ss Attachment( s)

RESPONSE:

[ 1 There may be areas in the vicinity of the well site that contain subsurface cultural remains such as artifacts, burials or concentrations of shells or charcoal.

[ ] Other relevant Historic Preservation rules/regulations, information, or recommendations are attached,

[ ] No objections

[ 1 Other comments:

Contact Person: ________________ _ Phone: ______ _

Signed: __________________ _ Date: ____ '--__ _

________________________________________ It .. iI"~I'''~jj

FROM DUNBAR . BEACHFRONT COTTAg FAX NO. 808-558-8153 0 Nov. 26 2002 04: 18PM P1

State Of Hawaii For Official Use Only:

~~1.1::MIIftlm •• "Q"-I-... __ l ...... _I""'.1.1t"_Il!·~.I~"'~.t" III .. ' .... Department of Land and Natural Resources APPLICATION FOR PERMIT

Instructions: Please print in ink or type and send completed application with attachments 10 the Commission on Water AeIlQUfQe Management. P.O. Box 821, Honolulu. Hawaii 96809. Application must be accompanied by 5 copies and anolHtlfundable filing fee of $25.00 payable to the Dept. of Land and Natural Raources. The Commis&lon may not accept inQompiete applrc.tions. For as&iGtance. caR the Regulation Branch at 58704225. For further information and update, to this application form. visit htrp:Jlwww.state.hi.u$ldlnr/cwnn.

APPLICANT INFORMA nON: (Fill out all three. if applicable. and place a check next to the primary contact)

1. (8) ~ WELL OWNER 1...At.,)"" M 1)ub.\!!JM.. Contact Person: ~c.. Phone: MaiHngAddress: Itt.. ... E).\. ~OlC- 90, . tA.4J~ « "'+w..... ~'14f Fax; E-mail: \4.,~ e. A',,"'ul • .,c:.+

(b) D LAND OWNER; S(l'V\1: AS .,u".vc.,. Contact Person: ______ _ Phone: ______ _

Mailing Address; Fax: E-maH: ________ .-:...-__________ _

(c:) a CONTRACTOR: AM" 1JC.4a.) 'Q(,kLI~ Contact PelSOn: ~.uc.£lQNI>~ Phone: '6.- .", I +S Mailing Add,..: V. C. 4D1C. ;l.DilS A,~" """",,01(1' 9b1ol fax; ~ C'-- E·mail: ________ _ lic#: i~lf!,l

(circle O~-67a, or A)

Yla.L & PUMP INFORMAnON: (Please fill in lhe diagram on Ihe back of this fann.)

2. WELL NAME: Pclck'''''''~'W\AI", 11a.~,*1. OS4'-"'0'2.lsland:

Address l-\G 01 ~o" Qo" ~Jo'--'.~ Tax Map Key: ---.JI7:.....-- - C~ ,~ Zone Sec Plat Parcel

Attad'!: (a) portion of a 7.~nute SeliII& USGS topograPhiC map (scale 1:2.,000) with waIJ ~ labeled and include the nama of the quad map (b) a property tax map, showing well location referenced 10 Mtablished property boul'¥laries

3. PROPOSED WORK: [) ConstructNewWell ]0 InstaUNawPump· ~~ \4c>~W\ (check all that apply) 0 Modify ExiGting Well" 0 ModifY Pump·

4. CONSTRUCTION:

D AbandonlSear

·stata Well No.:

" Drilled

---=O=S;;..4-=-=(P::...--_O.....:2.=--_ (If unknawn, pleae call Cammi55ion at 587-0(25)

o Dug o Shaft o Tunnel

Is this well pert of a battery of wells? DYes JSNo (Please dexribe)

5. PROPOSED PUMPING RATE: 140 gallons per minute

6. PROPOSED USE: (check .u that apply)

o Municipal (including hotels, Gtore:;, etc.) o Industrial

J1. Domestic (individual. noncommercial water system)

Does this wen 5eNe 25 or morl'! people at least 60 day.; per ~ar or have 15 or more service CllmeCtlons? CI Yes A /110

11! Img~ (crop) ~~ rl "'11 fM"~ I Ulo IJ, No. of Aaes: ~-,"I_S;....:O,,--___ _

D Millary 0 Other (explain);

7. (a) PROPOSED AMOUNT OF WITHDRAWAl: .",+ ~ •• <'~ '2Dz..." b gallons per day .N\o~."""

(b) METHOD OF FLOW MEASUREMENT: 0 Flowmeter ! Open-pipe D Weir D Orifice 0 Other(explain)

OTHER IMPORTANT INFORMATIQN:

8. LEGAL REQUIREMENTS: IllfIquifed, thft~ petmits m!l!t be Obtained befete the ComtnissiDn can I8gBIIy issue. pemrit.

Consemdian Di5trict Use Pennlt (CDUP) To find out if a CDUP is necessary, ~. DlNR Land Division at 587-0414

J( Not RequiJed If required. date apPl'O'l8d :0 C") = Environmental Impact Statement (ElS) Or EnvirOnmental AsGeGsment (EA) To determine if an EIS Dr EA i& n~!! OE~1~ A Not Required If 18Quired, date published in OEac bulletin ~ ~ R tTt

5pec1a1 ...... gement Area Pennit (SMAP) To dlrtermine if an SMAP is necessary: on Oahu, call 527-S374; on Hawaii~C)1-8288; for Maui (") munly. call :l70-7235: an l(;luai, call 241-66'77. (5 .. .-

'3: 1<' 1« Not Required If required, date approved ~ ~ --:/ :z: X .. <.",

9. REMARKS, EXPLANA nONS: g;.~ ~ ~ (if more s ace is needed, lea5e attach additional sheet'..",

NarE: Signing indk:ates the signatories undeJStancl and swear that the information provided on this application 1& rate and t the bee",," .,.. ,of .. mai~. l'utlher, tbe.sigaatcl'ie& u~rstan:i that apprvval ~ ttr.rapplicatlon atlacha the foIowing standard Conditions: 1) the pR;pOsed "',

work is 10 be completed within two (2) YNIS of the approval date; 2) the contr.ctor shall $IIbmit 10 the Commission a well completior1labandonmeJrt , report within eo days after the completion date of the permlUec:l work; 3) monthly Wllter use data shalf be subml1ted to the Commission; 4) &uoh approval \ WlIIII not constirute a cleterminarlon Of correlative lM*ter rights and Gllall not gtJatiJntee the pump capacity or future use up to the permitted pump capacity; 5) in the evant that the application is not campletied corredly, fny permit may be suspended lIIltI the hm 1& brougtrt..jn.to·¢OiiipIian~ any work Clone while the permit is in suspension may re5ull in fines of up to $100Olday. , . . ... / . / ,/, /

. Well OWner • D Landowner . Contractor ... .~

\

(print legibly) (Prtnfleglbly) --. '. (print legiblY) . v/ Signature Signature ---- Signature ( l . _I ... ~ 1.",

~D:am~~~~~~==~ .. '= .... ~D~m~e~====~=======-~======~D~~;e~==~~~~==~~==~~~1~ For official use on

latitude ______ Aquifer System No. . Longitude State Well No.

WCPI Form 8121101

Aloha Mr. Ice,

Per our recent roJl\'CtSations regarding your letter to me dated 11/19102, I am submitting the following, which summarizes my understanding of those conversations. I was unaware that our refurbishment ofwe112-0546-02, Pu'elelu, Molokai Jacked anymore than an elevation survey to benchmark the ground level of the well site above MSL, which the original application indicated to be 450' above MSL, and test pumping the 30 gpm photovoltaic powered pump. (See Jaowuy 11, 2002 Jetter) All other eonditions had b~ mct .... _________ .. --.--....... -.. --.-.--.... - .. -.-_ ... -. :.-----------.- ... -.-.-- .---.--.-----.-.. -.-.-.-----.. ------.--.. --.-

-. --- .--.-.. -.-.- -.. ------ .. -Re83l~g t1;-devation survey. NRCS using their GPS recorded an elevation of 450' above MSL in 2001. In April of this year, I contracted Akamai Land Surveying to shoot the elevation of the wen site. Unfortunately no ground benchmarks could be found on the Waialua Bridge, which gives visual reference to the well site, to complete the suney, though the elevation was estimated to be 380' or 381' above MSL. On 11126102 The Nature Conservancy using their GPS unit recorded an elevation of 137.5 meters above MSL. If that metric calculation is converted to feet @ 3.28 fPm the well site elevation is 450' above MSL

I am trying to resolve the elevation difference so the State's forbearance is appreciated. Additionally any help that you might gn,e in that regard would also be appreciated. I will resubmit the 140 gpm application per- your request. Please note that 7

this is a copy of the original application submitted in 2001 and which youir offi" cannot locate. I have also enclosed page 2 orthat application. ("riJi~ ~ik~ ''''/'''-')

With regards to the 30 gp1n photovoltaic pump, the array bas not been completed due to our c:tforts in establishing tbe watec storage area first. That has now been completed and I am negotiating with an installer to complete the array. As reported to you in response to January 11, 2002 letter it is impossible to operate a photovoltaic direct pump for 8 hours. There simply is not enough sunlight.

Your letter also mentions an expiration date of 10124102. If it is necessary to apply for an extension, then I would like to do so at this time. rm sony for the confusion and I'll push to complete the paperwork, though the Jarwary 11, 2002 letter indicated that there was no significant unfinished business. Thanks for your support and I hope you had a great Thanksgiving.

Al~. D-IG ~

p ar

· FROM : DUNBRR BERCHFRONT COTTRO' FRX NO. : 808-558-8153 ~ Nov. 29 2002 03: 45PM P2 NUV*:'!!j-I!I:.! !;t!,ID.J I'~UI'I:W" . ft&~uu.l".r:. ",u.L J~'u",uuu"",,'"

;-1" '!'. I.' 1'1' ,;t .11, '1'1 II'

10. PROPOSE;D weLL SECTION CJl ... Illtat;ltWtcIMlit:II~ from ~ ~ NbMJ

Hole Dilln'ttIK: 1G. In.

EIIMIIiOe - tap ~ eII8i"S ~ ft .. rntr ~. J.....-:. MiriITlml of"Z ttaIIus & 4"1lI1dC COr1cretat Pad (to ClOfttaiR ~cf( ....1.-r-- . SIIIWJ1ld ID ~ 0.011.,

i

!--==~~\ I ....:Lit. i I

RGck 01 ~ I'IIcUIIiI:

GAlUftd EIIMticIn: ft.. rntor 1i"-:i40.-.-"_~

~ ~

I I

a t.

c~"'1i: C Ra:N:rIIl Growtl

J(PeIfMted TCllaI LtmuI1: __ ----"4~o~-=-_-_ft., Narn~ DIarr.-r: , 0 ~ P ir\..

Wd~*C~ __ J.L~S~O .. ~~~~ __ k I!teaan £1er.IIicn; 2.'1. ft. .......

fIf1IrI: ,..,.,.~ flDl"lIIUII./Ihotid be ... in .

,."r.tNwI_ tfItIWt

I

I , ep.nHale:

l..IntItI. , it: ~ 10

j J I ! BCJII:uM EJewtlgI1:_-.&:U __ • __ ~_4t..IIII'"

.j1Mt ~ eIIwaIItIft must be ~"ID Mei!I\ se. ,..,.. ~ _u. .... oI..-oft Mv. FinaI ..... I!t.-lC01Qlnpc:IftMI&lld lie -..m-.s in .. WeI ~,QIWeII AbMJo."InCIII ..... IIId .... _ ~. beudm_k ~ ... Men 811:1b11t'.-d .".. III~ ......,b,r ......

ForItO" ... lh.-r SaMI w.at- boIIDm ........ ofwel$hggkJ not ~aeeper ... 1/4 rlfaquifet~ or, IJuClrIrft IIMIIon IlfWlll.imt .. (w.r~ . 6' !lMWL7" BpgJjgn )

EDnIJlIII; .........,.Zft.WMtr ....... liIIII ........ UcaIDm~ ... IMIILmI.(iI-~) .. "",rt.

"lid C!!iftg II!!Ip!itI; CIrtIan S1IeI: 0CIIIIP1IIrt IIIIIIIl (c6eGk_ cr~); :l ANS"~ caoo CI API Spec. Sl 0 ABlIIA53 c A8'TMAt39 AM...,.... ~CIfIOfJI'~ :lASI'M AMi 0 'J)pe e C T)De S 0 Gr8II68 e ot.r .............. (~IN): cAS'NMCI8(pnM1udo11W11) lJASJUAS12[m1111ieot'Wl., A81~~tDAlTMN80andAS'rMD1Slr7!(___ o8cltMullt40 oSc:Mdule80 PVC ....... ~ IDAS!'U P480 alld (ASTM ot?*' or ASnA 1:lIa:aII1): (CIIICIr-): a ScMduIe ~ !J Sd*"* 80 g SciIIedUe 120

n.u ... PIIeIIa: (r:II«r") c AanltMltWound AMia PIpe IIDIIfannlng tar ASTU I:IGIIII8 ~ ~ o.t..., PIpe confClfnlil1!l"A,SN D2If7

oem C ..... Mater!!!i

c ~ PIas1Ie MadIr PMlUra ~ c:ont'Dn!q to AS'TM 03611 i;I Gir.-FIbtI FeIir.lDad Allin PnMi:scIre PIpe COIIIIMlIn; tDJrWNA C9SO ::: P1F8 ~""~w.o\STMD:1281 lJ F!P JilUOI'IICIIrtMIIt r __ canrocmi/at to ASTU D3296

c.tIofta...l: cernpa.nt wIDt (dlaefrcm (Ir 1ttIn): :s N4S11NNWAC200 CI API SiIIIc. ill 0 IoSTU ASS c ASTMA'. AId ~w!Il C"*" GIll crmcn}: 0 M1MA2G c ~ e Q 'T)pe $ :::I amdB a :::; alief ~ .... (dMo/tOl't): !J AS1UAaOB ~ W8Ia) c AS'MI4A3'12~wellc) .. Maile COIIiIImIQo toASTU F4IO .. ASrM Di&21: (diedtane> c ~ 40 :l Sc;I\Odulll80

" .

PYC PIteIio COIIfDIminIJ. AI'fM NaO and (A$'TV 01715 or ASrM D2241): (cIItM ~! C Schedula C) t! teIIecIula '80 0 SeIIeclIlIe 120 'l1IInIIOrM "life: (dNdc_) c FIcM Wound AesIIt ~ CMfiIMIiI'$ to ASI'M DatH

BENJAMIN J. CAYETANO GOVERNoR Of HAWAII

Mr. Lance Dunbar Kainalu Ranch HC 01 Box 901

o o

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL ReSOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621.


OCT 1 2 2001

Kaunakakai, Moloka'i, HI 96748

Dear Mr. Dunbar:

Well Completion Report for Well No. 0546-02 and Notice of Potential Viola~ion

GILBERT S. COLOMA·AGARAN CIWIINRION


DAVID A. NOBRIGA HERBERT M. RICHARDS. JR.

LlNNEL T. NISHIOKA DEI'UTY """'eA

0546-02.wcr.ltr

We have received your Well Completion Report Part II for the Pu'elelu-Kainalu Ranch #2 (Well No. 0546-02). However, matters which must be addressed before we accept your report as complete are as . follows: .

1.

2. 3. 4.

A step-drawdown test is required for installing a pump >70 gpm. The installed pump is rated at 140 gpm. . Chloride readings must be taken prior to and immediately following pump tests. The wellhead elevation must be surveyed by a licensed surveyor. As-built of pump configuration for both pumps.

In vie~ of the unusual findings of ample water above sea level, these well completion details become more Important.

The original application is for a 30-gpm pump, and while it was understood following discussions with staff that.~ 140-gpm pump would likely be installed as a backup, the larger pump should be supported by an addltlo~al after-the-fact application. If we are responsible for miscpmmunications on this point, let us correct It now. Having installed a pump larger than what was per~itted is a violation of the Water Code, and you must submit an after-the-fact application for this secondarY permanent pump (attached), with an explanation. . .

When th~ ~O-gpmplJmp. is installed, a constant rate test must be performed with that pump, which may be permanenlly installed pending results of the pump tests. ,

Please respond to the above item(s) within thirty (30) dafs of this letter's date. Failure to do so may result in fines of up to $1000 per day. ,

I

If you have any questions, please contact Charley Ice of the ComrT1ission staff at 587-0251 or toll-free at 1-800-468-4644, extension 70251. ' .

.. Sincerely. g ~~ISHIOKA

Deputy Director .

CI:ky c. American Drilling

EXHIBIT 2

.1'

Nov. 29 2002 03: 45PM P2 .... . .. _-1"1 " "I:' c '" :, '1 4:. ! I r"~ ~I~' • I' I' 'II' .•• ,,~ .•.•. ~ " ••• ,.,. .. ' ..... M~'I"' .. "U!I'MII,,· · ... ~··: .. ,· •• ~~lfHl .'U"IIl •• ,,.., ~~'t4ll~1'.tl. "" • .," ""'II'II .. t~t_'iI'·'

1D. PROPOSED waL SECTION (p __ 1IItadt «Jhclfllllicll~ In:Jm ~ ~,...,

HoIe~ I~ In.

EIeWIioe. tap tt easifts ~ fI .. ~ .... J---:. MiniITMll of Z' MaIIus & ... TlIIdc COr1c:ret- Pad (to cont.i/I banchrntlk ~ . ~1D..arestO.Oll.)

i i ! .... j ! i

Cemert GJVUt ft(min. 73 of dilllaftOl hm ~~tvklptl IoIIIDI CU'!aoe "" $00 ft.. whiahever is less.)

A.nI!LlJarJ!P8lZ~n. ~ and CMillS (rnin.l"):

...3...... in.

AQdcOl~~

GAlUftCI EIIMIIion: ft.. m.r ~~.,--=,~~

~ ~

,,-q t. ........ Open c::.iq: )( p....,...., 0"-':

TCltaII..nsllh: .. 0 It.

I Ncr.maI DIIDn..r: a 0 1: P ir\. .. \Nail TIIida-.; 4S 0 l:P h.

c CnaIt9cf ... It C RI:a:N:IIa Grwtl j

~:~~ ..... IIcaan £1w.Iticn; ~L ft., .....

i ra.! """~lIIJTmutlMtNldt» ..... · , :-+ ..",r.IM;Im-~,..,."

;:'. !! -:===========:::;:~ . 1-! ..

~ .. : Langlllo ___ -?,L-____ f!.· ~ ______ DIQ~ ________ ~

I ~ . j ~ EIewtIcn: lie ... ",.,.

~ 7be ~ eItMnitIft must be .... .,., ID "*" SoN ...,.. CmtJ) at u. __ of .JIIlIation 1IIhJ. FiJIiII ....... lit ....... " ......... &lid he -.em .... in tile IIVd ~ AbMto.-.nent ,... .... reJtwaiOld .., • beQcba .. k wtall:ft Me bien eIbbIIt.-d by • ~ 1icefteeG." ........

~ tto,,"-,, __ 88M1 w... -baIIDm .~ ofwel $I1QuId not MOIeper .... 114 of aqllltr~ Dr.

BoIPft 1!Je1llttlot. urW" Unit .. (w.r EIeYdrIn • A' , ..... 1" QrnIipn )

ElCII!UIIB: ~"2fLW*r"""'I_. --+UGIIDm~ .. MI ....... (z-~) I! '11.511.

k Ud Cuing ... * c.n-. SIMI: CIOfIIPIim wIIh (~one Gr~): :J ANSIIAYVWA caoo o API Spec. 51.. 0 AS'TU~ c A$TMA!39

And CCInIpIaal Utb ~ ant Qr tnM}: :I ASrM Aafit D,. E 0 T)'Dt 8 0 GI1II» 8 e Ot.r ....... I11III: (dJeclcGPll): c AS1M M09~ ~ 0 ASTUAS12 (InMieer.., AIlS PS.tic~to AIrM Fa andASTM D1Q7: (~~ D SdlMulD40 Q 8cbeduIe 80 PVC PIMk ~ 10 ~ F480 I. (ASTM Df?t5 or ASnA D2'.1i&1):ICIIICIr _}:. C ~ ~ c Sdted&.fe 80 g SdIIIdUe 120 Thtm..-tPllella: (cMeleo.) 0 AlnentWo.nf RMia .... 1:IDIIIannlns toAITM CIiIIIII8

c ~ CUt AllIn PIpe QOIIfoI'.s tlAS'I'M DZIf1

Pac" C~~9-M!t!Ita!i

e Ft.infon:ed P\as1Ic ~r Pl'tMU18 ~ ~ to ASN 03617 ~ ~ FIber Am:foad Allin PM:MIID PIPe call1lllrllDg IDAWN/\ ceo. :: PTFI ~ TuIrint~t>ASnID.'1281 c FEf' f1~1tNIIt r ..... CllllfCllmint IDASJU D329Ii

CadIon a...: cornl'llllnl MItt ~"". f)l'mew): :2 N4$IIAWWA C2CIO 0 API Spec. IlL D ASTV A53 0 ASlMA1. AM contpr.,nfwllt [~ _ Gr mt{It&1- 0 I\SIM A2C D '1)De e Q T)pe S :I o..a. IS

~ 8trIoeI: (ehIok -.): c ASlM M09 Q)IUdudb1 ~ D AS'n11A312{IIIOIIItorwall5)

AU ...... c eo~ to AS'I'U FaG ue ASTM Di&27: (diedtane) c :ScDdIa 40 :I SdIOduIIIIO

. . . '

.'

PYCPIMtio COIIbmin& ~ A8TM HaC and (A$tV D1715 Df ASrM D2241): (~cm)! D SchedulllC E:! 8cftedlllalO c ~ 1'20 'lbIrIItout Platte: (CIhedc,..) c ~ Wouftd AesfI ~ ~ tDAS"I'M DaN

",...". .iI ..... ". .... D-'! ........ _______ .......... ~ EXHIBIT 1b

• BENJAMIN J. CAYETANO

GOYEANOR 01 HAWAII

o o




November 19,2002

Mr. Lance "Kip" Dunbar Kainalu Ranch HC 01, Box 901 Kaunakakai, HI 96748

Dear Mr. Dunbar:

GILBERT S. COLOMA·AGARAN C ........ RSON

BRUCE S. ANDERSON MEREDITH J. CHING

CLAYTON W. DELA CRUZ BRIAN C. NISHIDA

HERBERT M. RICHARDS. JR.


Unfinished Permitting Requirements and Potential Violations of the Water Code Pii'elelO-Kainalu Ranch Well #2 (Well No. 0546-02)

This letter is to bring to your attention unfinished business and potential violations ofthe Water Code in the well construction and pump installation in the captioned well. We also draw your attention our letters of October 12,2001 and January 11, 2002 on this matter.

Our records indicate that a combined well and pump permit application was filed on September 12, 2000, for the refurbishment and completion of an uncompleted well and installation of a 30-gpm pump, under a Declaratory Ruling allowing installation of a permanent pump of less than 70 gpm prior to issuance of a pump installation permit in order to conduct aquifer pump tests. Use of the well was to be supported by an existing Water Use Permit #222. Subsequently, the 30-gpm pump was installed but not connected to its intended solar power source, and a second, larger (140-gpm) pump was installed as a backup, without an application or a permit (noted in our October 12,2001 letter).

To date, we have not received information indicating the originally applied-for 30-gpm pump is actually connected up for use, nor has it been used for aquifer tests as the specific purpose facilitated by the Declaratory Ruling. Because a wellhead elevation survey was not completed, the Well Completion Report Part 1 could not be accepted, and the permanent pump installation permit for tbe 30-gpm could not be issued (note our January 11,2002 letter). The permit for the 30-gpm pump expired on October 24,2002, and no further work should be done on this permit.

Given the difficulty of arranging a survey,we have been forbearing in enforcing that permit condition. The survey is of value because the estimated elevation places the water level far above its expected level, an anomalous condition that may have impact on our understanding of the aquifer. The estimate may be erroneous, and a true survey may correct our impression of the aquifer.

EXHIBIT 4

Mr. Lance "Kip" Dunbar Page 2 November 19, 2002

o o

Under the Water Code, installation ofa 140-gpm pump without an application is a potential violation subject to fines of up to $1000 per day. Use of water from a well without a permit is also a violation of the Water Code. Lack of wellhead elevation survey and any future work without a permit are yet other potential violations.

Please file an after-the-fact application for the l40-gpm pump within 30 days to minimize your liability for fines. Please file a new application when you are prepared to complete work on the installation of the 30-gpm solar pump. Please renew your efforts to arrange a wellhead elevation survey.

If you have any questions, please contact Charley Ice of the Water Commission staff at 587-0251 ortoH-free at 984-2400, extension 70251.

CI:ss

Sincerely,

CffreJ.~ LINNEL T. NISHIOKA Deputy Director

• BENJAMIN J. CAYETANO

GOVERNOR OF HAWAII

o o




November 19,2002

Mr. Lance "Kip" Dunbar Kainalu Ranch HC 01, Box 901 Kaunakakai, HI 96748

Dear Mr. Dunbar:

GILBERT S. COLOMA-AGARAN Ct-wRPERSON





Unfinished Permitting Requirements and Potential Violations of the Water Code Pii'elelii-Kainalu Ranch Well #2 (Well No. 0546-02)

This letter is to bring to your attention unfinished business and potential violations of the Water Code in the well construction and pump installation in the captioned well. We also draw your attention our letters of October 12,2001 and January 11, 2002 on this matter.

Our records indicate that a combined well and pump permit application was filed on September 12, 2000, for the refurbishment and completion of an uncompleted well and installation of a 30-gpm pump, under a Declaratory Ruling allowing installation of a permanent pump of less than 70 gpm prior to issuance of a pump installation permit in order to conduct aquifer pump tests. Use ofthe well was to be supported by an existing Water Use Permit #222. Subsequently, the 30-gpm pump was installed but not connected to its intended solar power source, and a second, larger (140-gpm) pump was installed as a backup, without an application or a pennit (noted in our October 12, 2001 letter).

To date, we have not received information indicating the originally applied-for 30-gpm pump is actually connected up for use, nor has it been used for aquifer tests as the specific purpose facilitated by the Declaratory Ruling. Because a wellhead elevation survey was not completed, the Well Completion Report Part 1 could not be accepted, and the permanent pump installation permit for the 30-gpm could not be issued (note our January 11, 2002 letter). The permit for the 30-gpm pump expired on October 24, 2002, and no further work should be done on this permit.

Given the difficulty of arranging a survey, we have been forbearing in enforcing that permit condition. The survey is of value because the estimated elevation places the water level far above its expected level, an anomalous condition that may have impact on our understanding ofthe aquifer. The estimate may be erroneous, and a true survey may correct our impression of the aquifer.

f'

Mr. Lance "Kip" Dunbar Page 2 November 19,2002

o o

Under the Water Code, installation of a 140-gpm pump without an application is a potential violation subject to fines of up to $1000 per day. Use of water from a well without a permit is also a violation of the Water Code. Lack of wellhead elevation survey and any future work without a permit are yet other potential violations.

Please file an after-the-fact application for the 140-gpm pump within 30 days to minimize your liability for fines. Please file a new application when you are prepared to complete work on the installation of the 30-gpm solar pump. Please renew your efforts to arrange a wellhead elevation survey.

If you have any questions, please contact Charley Ice of the Water Commission staff at 587-0251 or toll-free at 984-2400, extension 70251.

Sincerely,

LINNEL T. NISHIOKA Deputy Director

CI:ss

9. AS-BUILT PU_ECTION (Please attach as-built if different fro'Oram provided below)

Bench mark elevation surveyed to nearest 0.01 ft. =

~&S.~. mean sea level

Elevation of top of chase tube 3&1.? ft. mean sea level

/ Pump intake depth = ~.O fl"l (referenced to bench mar~_.~

Chase tube depth = ~\ .by'! (referenced to bench mark) __ ~

If airline installed, bottom of airline elevation = N/A ft. mean sea level

WCR2 Form 11112102 Page <: of2

------------------------------------ .,,-,-- ", .. -

9. AS-BUILT PU1:#ECTION (Please attach as-built if different fromoram provided below)


'SS·loft. mean sea level

Elevation of top of chase tube ~e "T. ~ ft. mean sea level

Pump intake depth = &0&. 0 ft. (referenced to bench mark)

Chase tube depth = 4:u .f ft (referenced to bench mark)

If airline installed, bottom of airline elevation = at{.. ft. mean sea Jevel

WCR2 Form 11112102 Page ~ of2

FROM: Charley

TO:

_BAUER, G. _GOODING, K _ FUJII, N. _OHYE, M. _JINNAI, R. _ SWANSON, S. _' KUNIMURA, I.

CO~SION ON WATER RESOURCE MANA~ENT DATE: 02--=~ 9- SUSPENSE DATE

DY, R. ANO, E.

_____ AKODA, E.

NAKANO, D. NISHIOKA, L DANBAR~

~ SUBIA, S.,. ~ .

FOR: =r= Approval ~ Signature

Information

- YODA, K. KtOQ~fo ,4 ~ ~ _IMATA, R. '-:r~. - CHING, F .• (<:.:iW.; \.\Q'lf ~ w--')

26Sep02


__ Type Draft ~ Type Final


Take Action:

- NAKAMA, L. , lJU...J <J «it ~ ~ FA ~ J - HIGA, D. ~~ ~ 0"( ew-RJ.l"? ) ~~ ~ ~. _ UYENO, D ~ J..c '( Y< _ MATHIAS, T "17 +0 ~ 1tit? )

, __ ._'.'M_. ____ -(~--J--..~V{ .:u.eo -~pw. ~

o o BENJAMIN J. CAYETANO

GOVERNOR OF HAWAII GILBERT S. COLOMA-AGARAN

CtWRPERSON




January 11, 2002





0546-02.wcr2.ack

Mr. Lance "Kip" Dunbar Kainalu Ranch HC 01 Box 901 Kaunakakai, HI 96748

Dear Mr. Dunbar:

Well Completion Report for Well No. 0546-02

On November 26, 2001, we received your corrected Step-Drawdown Pump Test for the PU'elelu-Kainalu Ranch #2 Well (Well No. 0546-02) 140-gpm backup pump. There are two matters remaining before we can acknowledge that your Well Completion Report Part II is complete.

1. We recognize that the required licensed wellhead elevation survey will be delayed, as there are no licensed surveyors on Moloka'i. If we learn that a licensed surveyor will be working on Moloka'i, we will make an effort to facilitate your survey. Meanwhile, the wellhead benchmark must be maintained to assure accuracy of water levels measurements.

2. The primary pump, a 30-gpm solar pump, has been installed without power supply, and should be tested in an 8-hour constant-rate pump test when it is connected. It is our understanding that you have retained the forms to record and report those results.

3. Because your well appears to be in an anomalous geologic formation, with water level about 76 feet above sea level, with almost no drawdown and with a relatively high temperature of 71 degrees F, we would like to conduct further investigations by staff in the future, to be arranged with your permission and cooperation, under HAR 13-168-15.

We had earlier sent water use report forms for each pump, which should reflect monthly recording and annual reporting.

If you have any questions, please contact Charley Ice of the Commission staff at 587-0251 or toll-free at 1-800-468-4644, extension 70251.

(~;)1. aX ~~k-f."NISHIOKA

Deputy Director

CI:ss

c: Paul Frandsen

.. : ........ ,.~ t" '_ .... .. '44. .......... __ . .. ..... ~

Charley--There are several problems with the step test. 1) The water level stands at 67± ft.,msl which indicates dike-impounded water. The drawdown at 80 gpm is only 2.5 inches or .28 ft. That seems too low for a high level aquifer. Dikes, which are boundaries, cause much greater drawdowns. The temperature for dike-impounded water seems too high. The rise in temperature could be from ~hea...ting wi thin the pump column. 2) At 100 gpm the drawdown didn't change. According to the standards, the rates should create a noticeable change in drawdown. 3) At 120 gpm the same drawdown. 4) At 160 gpm they report 384 1/2 ft. to water. Does that mean the drawdown was only a ~-inch greater? Or does it mean that it is 0.5 ft. greater? I don't know.

I wouldn't accept the test and I would have them redo it, with all measurements in ft. not inches.

o Cit Table 1 (SDPTD Form 12117/97)

STEP-DRAWDOWN PUMP TEST DATA (not required for wells producing < 100,000 gpd or 70 gpm)

Pumped Well No. a SI./t -02- f I Observation w o. Pumped Well Name p-1I'.L1-t.1 u _1Y9~"L. t.J if ~i§tance between & Pumped Well __ ~_ ft. Target Q /' 0 gpm ·'·'Reference pt. for depth to ft. msl

Static Water Level @ start of tes ft. msl Water level measurements by: 0 steel taPe 0 pressure transducer 0 airline

W.Jl... L L S OClHd"<.f'

START TEST Date: /1- t;, - 0 I - Zf.JJime of day:

Flow Meter Reading '.-=~...;....IiI<.. __ gals

0

-15 0

0 g'1) 1

1.5

2

2.5

3

4

5 3 150 6

7

8

10

15

20

25

302 'liJ I

to

~

do lei t:1 I

Chloride sample taken

Step 2 begin?

o

000

1 13~'/ I

1.5

2

2.5 / 3 ( 4

5 )

6

7 ( 8

10 / 15

20

25 ( 30

40

50

60

70

80

90

100

150

200

250

END TEST Date: I/-to '- D I

ADDITIONAL REMARKS:

o o o o o o o o o o o o o

o

o o o o o o

Time of day: / /: it'

CIt Table 1 (SDPTD Form 12117/97)

Pump off. start recovery

tjo 7/'·

. I ~. J/)f)~

IZJ ~/o recovery achieved o 80% recovery not achieved

FV LL

Person in charge of pump test (print): T?A u L r )-14 Yl d s e V\.-

--

4

o

Table 1 (SDPTD Form 12/17197)

Max possible duration, water level or quality did not stabilize for any 24 period

Begin recovery data next page Flow meter reading at end of pumped period: 3,37 '1.- gals

J~

i~Lgges~~" ':' . Ehips~o'i:1';

timif'~::,< , t:;:;,; :

(min)

1 starting pumping rate Q

o

2 minimum length of step period of constant pumping rate

e Table 1 (SDPTD Form 12/17197)

3 minimum mandatory Chloride (Cn measurement/sampling at end of every step

4 Use same ending drawdown figure as start for recovery

W....JL T-'L~ Il.A.d

'b O Gi'wt 31)~

/PO &rIM 3 I ~

I ). 0 ~- fJ 1-+'\ 3 " vn--

)(,~ t. f fY1 30 ~

_~ e 'l~ /) Table 1 (SDPTD Form 12/17197)

Signa :~~~~~==::::::===:.;. __ _ "" /

The signature above indicates that the data reported on this form is accurate and true to the best of the person's know ledge who operated this pump test.

o

fv>4' "o-'Z- S~/-I7"" 4" 1" r "~I

i!

::= ===-=f' rpV~f M .:J. 3o Gfil't ftl~1I "

411 o,...~ l',jflsJI...

&"'1 e no-.l II) /.L-T I.J 0<& '

Sot. 7 iT II' 9 ,

I I

..... i

1 ~

I I !

i i I ' I

i :

o

~~ /0" vJ.sl-LL CA~Jl.1 yt.; q'ta ' VP M Tie i ;/1 A'..:!!:.

, , i ~ }I~ !:.I)(:J' --

, ! 1"1- e ~ 'ti b J tL e W\...

"1-· ~'--~'-"-""-'-'-" I '-_., ", , I

iii ' I ) I : I I i

! : f [] ~." ~II",,-e I It I"r tf't 7 '

:;J ,r ~pJ , ,.. ;/

f'~:J

lJL l {)J.Q, II b~jJTiz If 34 '

• ·9. AS-BUlL T PUMP SECTION (Please attach as-built if different from diagram provided below)


'-/:''z)---- ft. mean sea level

elevation of top of chase tube 'Ji'oi!....O...!!!!!:!~ ft. mean sea level

i/ / t'

Pump intake depth = £.2 Z ftl (referenced to bench mark) J

Chase tube depth = '/-20 ft.] (referenced to bench mark)

if airline installed, bottom of airline elevation =

ft. mean sea level --S'-o~ l-(d..tLr wAS US'~d

-------------------------------- .... --.-...... -

o • Table 1 (SDPTD Form 12/17197)


Pumped Well No. 0546-02 Pump #1 Observation well no. Pumped Well Name Pu'elelu-Kainalu Ranch Distance between Obs. & Pumped Well ____ ft. Target Q 30 gpm Reference pt. for depth to water ft. msl

Static Water Level @ start of test ft. msl Water level measurements by: 0 steel tape 0 pressure transducer 0 airline

START TEST Date: _____ Time of day:

Flow Meter Reading Start:, _____ gals

-45 o Start test! Step 1

-30 o -15 o

o Start pump

1

1.5

2

2.5

3

5 .... \}J I

7 ,\I,../\. \r:> J ' f./J \.v~r'f.

15 r V'

20 I A \ 25

3 Chloride sample taken

Step 2 begin?

.+ o o ...... ':"" '"' .. -r'··· .

Kip Dunbar HC-Ol Box 901 Kaunakakai, HI 96748

n! t')."", 26 U i U\.J I AID: 35

State of Hawaii Department of Land and Natural Resources Commission on Wat~r Resource Management P.O. Box 621 Honolulu, HI 96809

October 16,2001

Aloha Mr. Ice:

r~. ' ~.. :

Per our conversation, I have drafted this letter in response to your letter to me dated October 12,2001 requesting additional information on the completion of well #0546-02. We will provide all data that you requested in your letter, however, I would like your consideration on items 3 and 4.

Item 3 relates to the need for the well elevation data to be supplied by a " licensed surveyor". We do not have a "licensed surveyor" in residence on Molokai. All surveys are performed and approved by off-island companies. The original well was reported to be at 450 feet elevation above MSL in the original application, which is in your office. We have not changed that data with our well refurbishment. Due primarily to costs and the fact that we haven't changed the original placement, we ask that this request be waived.

Item 4 relates to the "as built" configurations. It is my understanding that these design plans are already in your office. If this is not the case, the contractor will provide this information shortly.

The contractor will comply with items 1 and 2 as soon as possible. We have already made arrangements to satisfy your request so we can move the project towards full completion.

Additionally, the need for the second pump, which could either be the 5 horsepower pump or the 20 horsepower pump, is a matter of economics, weather, irrigation and flexibility. The 5 horsepower pump was installed second and will be powered photovoltaically. The sun's capacity and the solar power capacity means the pump (based on 5 hours of sun energy) could only draw 9,000 gallons of water per day, however, once installed this pump is extremely economical. This pump, while efficient, is weather sensitive and allows for little expanded use. Once the pumped water is consumed there is no other way of boosting the capacity. The 20 horsepower pump, while flexible and not weather sensitive, can provide for expanded use. This pump is economically inferior to the 5 horsepower pump. This pump, if run for 24 hours, can

.- I ,l~ , ;

o o provide up to our approved daily (24 hour) allocation of 202,000 gallons. There is no plan to use this pwnp regularly or for 24 hours, as we consider it a back up to the more economical pwnp.

I hope this answers all your questions and I would be available for any comments. Thank you for your understanding and help with this project. We look forward to working closely with your office through full compliance.

o o 9. AS-BUlL T PUMP SECTION (Please attach as-built if different from diagram provided below)

Bench mark elevation surveyed to nearest 0.01 ft. = ___ ft. mean sea level

elevation of top of chase tube ___ ft. mean sea level

Pump intake depth = ft. (referenced to bench mark)

Chase tube depth = ft.] (referenced to bench mark)

if airline installed, bottom of airline J elevation =

ft. mean sea level

~-

.+ > _ It .. Table 1 (SDPTD Form 12117/97)


Observation well no. Pumped Well No. -"0",,54=,-,6'7-~02,,,:--:-:-:--:Pumped Well Name Pu'elelu-Kainalu Target Q 140 gpm

Distance between Obs. & Pumped Well __ ---=-_ ft. Reference pt. for depth to water ft. msl Static Water Level @ start of test ft. msl

Water level measurements by: o steel tape 0 pressure transducer 0 airline

START TEST Date: ____ _ Time of day:

Flow Meter Reading Start: _____ gals

-45 0 Start test! Step 1

-30 0

-15 0

0 Start pump

1

1.5

2

2.5

3

4

5

6

7

8

10

15

20

25

302 Chloride sample taken

Step 2 begin?

o


2 minimum length of step period of constant pumping rate 3 minimum mandatory Chloride (CI") measuremenUsampling at end of every step 4 Use same ending drawdown figure as start for recovery

Max possible duration, water level or quality did not stabilize for 24

Beg recovery data next page Flow meter reading at end of pumped period: _______ gals

o Orable 1 (SOPTO Form 12117/97)

o o o Pump off, start recovery

1 o 1.5 o

2 o 2.5 o

3 o 4 o 5 o 6 o 7 o 8 o

10 o 15 o 20 o 25 o 30 o 40 o 50 o 60 o 70 o 80 o 90 o

100 o 150 o 200 o 250 o 080%

o 80% rAt".nverv

END TEST Date: ____ _ Time of day: ____ _

ADDITIONAL REMARKS:

Person in charge of pump test (print): ______________ _

Signature: ______________ _

The signature above indicates that the data reported on this form is accurate and true to the best of the person's knowledge who operated this pump test.

o

STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT


ANNUAL GROUND WATER USE REPORT

Lance Dunbar Kainalu Ranch

He 01 Box 901 Kaunakakai, Moloka'i HI 96748

o

State Well No. 0546-02 Well Name Pu' elelu-Kainalu Ranch #2 (total of two pumps in weill

Year

INST UCTIONS: Please TYPE OR PRINT CLEARLY. Complete this form to report total monthly ground water use, and, if required, other information from each of our well sources. Mail to: Commission on Water Resource Mana ement P.O. Box 621, Honolulu HI 96809. For assistance lease call (808) 587-0265.

January

February

March

April

May

June

July

August

September

October

November

December

- Flow meter, electrical consumption, weir of flume, not metered (estimated). - Measurement should be taken while pump is NOT running just prior to a pumping cycle; if measurement is taken while pump is running, please indicate so.

Other comments or additional information (e.g. - method of chloride measurements; how pumpage amounts are estimated; etc ... ):

Submitted by (print) _______________ _ Title ____________________________ _

Signature ___________________ _ Date _________ _ Phone No., __________ _

Form wur-ann-gw.doc.doc (3/99)

o

STATE OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT


ANNUAL GROUND WATER DELIVERY REPORT (INFORMATION TO BE USED BY U.S. GEOLOGICAL SURVEY)

lance Dunbar Kainalu Ranch

He 01 Box 901 Kaunakakai, Moloka'i HI 96748

State Well No. 0546-02 Well Name Pu'elelu-Kainalu Ranch #2 (total of two pumps in weill

Year

INSTRUCTIONS: Please TYPE R PRINT CLEARLY. Complete this form to report total monthly ground water use and other information from each of your well sources. Mail to: Commission on Water Resource Mana ement P.O. Box 621 Honolulu HI 96809. For assistance lease call (808) 587-0264.

January

February

March

April

May

June

July

August

September

October

November

December

• Use of water code:

AQ: C: 0: 10: IF: IS:

AQuaculture A: Commercial I: Domestic H: Irrigation - Drip F: Irrigation - Furrow Irrigation - Sprinkle

Other comments or additional information:

Agriculture non-irrigation use (livestock, cane wash, etc.) Industrial-manufacturing, construction, etc. Hydroelectric power generation - indicate KWH of power generated Fuel power generation - cooling

•• For estimated values use code:

P: T: 0: x:

Power consumption Total time of operation Comparison with past data Other means - (indicate method)

Submitted by (print) _______________ _ Title ____________________________ _

Signature ___________________ _ Oate _________ _ Phone No. __________ _

Form wur-ann-gw.doc.doc (3/99)

o o p ~:- (' r--:- "'.t I~~ ~-,

IGpDunbar HC-Ol Box 901 Kaunakakai, HI 96748

State of Hawaii Department of Land and Natural Resources Commission on Wat~r Resource Management P.O. Box 621 Honolulu, HI 96809

October 16,2001

Aloha Mr. Ice:

~ .

Per our conversation, I have drafted this letter in response to your letter to me dated October 12,2001 requesting additional information on the completion of well #0546-02. We will provide all data that you requested in your letter, however, I would like your consideration on items 3 and 4.

Item 3 relates to the need for the well elevation data to be supplied by a " licensed surveyor". We do not have a "licensed surveyor" in residence on Molokai. All surveys are performed and approved by off-island companies. The original well was reported to be at 450 feet elevation above MSL in the original application, which is in your office. We have not changed that data with our well refurbishment. Due primarily to costs and the fact that we haven't changed the original placement, we ask that this request be waived.

Item 4 relates to the "as built" configurations. It is my understanding that these design plans are already in your office. If this is not the case, the contractor will provide this information shortly.

The contractor will comply with items 1 and 2 as soon as possible. We have already made arrangements to satisfy your request so we can move the project towards full completion. . .

. Additionally, the need for the second pump, which could either be the 5 horsepower pump or the 20 horsepower pump, is a matter of economics, weather, irrigation and flexibility. The 5 horsepower pump was installed second and will be powered photovoltaically. The sun's capacity and the solar power capacity means the pump (based on 5 hours of sun energy) could only draw 9,000 gallons of water per day, however, once installed this pump is extremely economical. This pump, while efficient, is weather sensitive and allows for little expanded use. Once the pumped water is consumed there is no other way of boosting the capacity. The 20 horsepower pump, while flexible and not weather sensitive, can provide for expanded use. This pump is economically inferior to the 5 horsepower pump. This pump, if run for 24 hours, can

EXHIBIT 3

o o provide up to our approved daily (24 hour) allocation of 202,000 gallons. There is no plan to use this pump regularly or for 24 hours, as we consider it a back up to the more economical pump.

I hope this answers all your questions and I would be available for any comments. Thank you for your understanding and help with this project. We look forward to working closely with your office through full compliance.

A B C D E F G H J K l M N o DAILY~ES DUAATION ITION

IFinding of IOCCUrring ~ .... U' I~~~~ I!~:~on I Gravity ITOTAl DAilY No. of Iwithin ... Iviolation IWMA {min Iviolation Mitigative ,.., .. "", .. ,,, litem No. IDeser ~ ~ 1"""'1""":"" IFINES Istart date End date I Tolled ~~ I violation ,~"'''~ .... 1"'""""""'"

installation of pump wlo oermit ,0 I NOV resoonse to WCR1 $250 $250 -$50C ,0 10/1212001 '10116/2001 4.Yes

, Dus,m."" ' letter IC 11/19/2002 1213/2002 14 IYes IC C Ie C

0 0 so 0 0 so 0 0 $C 0 0 $C 0 0 $( 0 C $0 0 (

$0 _0 0 $0 a 0 $0 0 0 so 0 0 SC 0 0 IC 0 0 IC 0 0 SC 0 C SC 0 C S( ( C $0 _0 0 $0 0 0

ITOTAL FINI:~

NOTES A B C D E F G H I J K l M N

o P Q

R

Item No Description - description of the violation, see submittal text for specific rules violated Finding of violation {min. $250} - where there is a violation, there is a minimum daily fine of $250 Occurring in WMA {min. $250} - When the violation is in a designated Water Management Area, there is a minimum additional daily fine of $250 Repeat violation (min. $250) - When the violator has committed violations in the past, there is a minimum additional daily fine of $250 Gravity component - allows for the Increase of the daily fine Mitigative component - allows for the decrease of the daily fine TOTAL DAilY FINES - the sum of the values in columns C through G Start date - the date where calculation of daily fines begins {date of notice of violation, or permit approval, or permit fully Signed, or violation occurred, or CWRM order} End date - the date of the end of the violation or latest CWRM meeting or completed permit application Days tolled - the amount of days that are tolled, to be subtracted from the total duration of the violation No. of days - calculated between start and end dates and subtracting the tolled days Compliance within 30 days {yes/no} - if the applicant complies with the Commission staffs notice of violation requirements within 30 days Total duration of violation - if there was compliance with staff notice of violation within 30 days, the duration shall be one {1} day. If there was no compliance with staff notice of violation within 30 days, the duration shall be the total days of the violation. However, gravity circumstances can increase the total days even if the 30 day compliance is met. Altemate settlement {yes I no}- an altemate settlement in lieu of the daily fine was recommended Subtotal fine for one incident - per incident fine No. of incidents - of violation that occurred for this investigation Subtotal fines - the subtotal of fines, calculated by multiplying (per incident fine) • {no. of incidents}

Pu'eIeIu-Kainalu Ranch Well #2 PIP Violation:

p Q R

I~UDtOtal lfine for lone INo. of I;~:!otal ~ "'~u,,"~

III ~O ,0 ~O ;0

~o ;0 ~O .0

so s( s( ~ $0

~ -.. ~IU s( ~C

SO $( ~

50 5(

$0 50 ,0

,0

o

Kainalu Ranch Pen. Calc. Form 1012101

A B C D E F G H J K L M N o p Q R DURATION

l:;uOlOtat IFinding of Occurring in Repeat I Total I vv" , ... ,ig,,~ I Total lfine for

!m'.", IWMA ,""1-·, I"""" MOg,"" ImTAL MIL Y I~ ~r-;;J."'~:'..~~;'~_iil .. liuJ~:.!;Ji:' ~'_E.lilSta.rtdaite •• Einldldlatle.llilu.",::u '. ~IVIU""'VII . . 1'11':""""'.

I of pump wlo permit I !'joy nesponse to WCR1 S25C $250 $250 S750 10/1212001110/16/200 4 Yes S750 1 $7

I business" letter SO 11/19/2002 1213/2002 14 Yes SO $0 0 a SO SO 0 C S( SC a c so SC a c S( S( C C S( S( C C $0 S( C C SO $0 « SC

~::l=::::::::::::~::::~====~==--~----~----~----~'C~--~~---+---r--m-°-----t----i~t---:jt::j:~~:::1::~'~ ~ :~ ~ 0 so SC 0 a SO SC 0 S( SC a S( SC a S( SC 0 S( SC C C S( SC C C S( S( C C $C $0 0 0 $0 SO a a $0

IT01AL FINES

NOTES A B C D E F G H I J K L M N

o p Q

m X ::r: --OJ -~ 0'1 0'"

Item No Description - description of the violation, see submittal text for specific nules violated Finding of violation (min. $250) - where there is a violation, thene is a minimum daily fine of $250 Occurring in WMA (min. $250) - When the violation is in a designated Water Management Anea, there is a minimum additional daily fine of $250 Repeat violation (min. S250) - When the violator has committed violations in the past, there is a minimum additional daily fine of $250 Gnavity component - allows for the incnease of the daily fine Mitigative component - allows for the decrease of the daily fine TOTAL DAILY FINES - the sum of the values in columns C through G Start date - the date whene calculation of daily fines begins (date of notice of violation, or permit approval, or permit fully signed, or violation occurred, or CWRM order) End date - the date of the end of the violation or latest CWRM meeting or completed permit application Days tolled - the amount of days that are tolled, to be subtnacted from the total duration of the violation No. of days - calculated between start and end dates and subtnacting the tolled days Compliance within 30 days (yes/no) - if the applicant complies with the Commission staff's notice of violation requirements within 30 days Total duration of violation - ifthere was compliance with staff notice of violation within 30 days, the duration shall be one (1) day. Ifthene was no compliance with staff notice of violation within 30 days, the dunation shall be the total days of the violation. However, gnavity circumstances can incnease the total days even if the 30 day compliance is met. Altemate settlement (yes I no)- an altemate settlement in lieu of the daily fine was recommended Subtotal fine for one incident - per incident fine No. of incidents - of violation that occurred for this investigation Subtotal fines - the subtotal of fines, calculated by multiplying (per incident fine) • (no. of inCidents)

Pu'elelu-Kainalu Ranch Well #2 PIP Violation: American Drilling Pen. Calc. Form 10/2/01

sc SC SC

$0 $0

$750

o

MEMO and RffuTE SLIP o

1. Pump Tests Check Glenn

Step-Drawdown Test:

followed WCPI Stds analysis attached proposed pump cap o.k.

Aquifer Pump Test:

Well Interference: estimated Steady-State drawdown at 1-mile radius ili n.

analysis attached

Stream Surface Water Impacted:

2. Construction Check Mitch Ohye

data complete followed WCPI Stds well database updated

If no, describe deficiency

g ~ D ? D

D D

D D .- If yes, identify most probable stream

co (initial) q / \ \ ~() \. Yes No If no, describe deficiency

( D

.~ S\,t ,)l.,... I ". .'. ! ~ ~.I 1.11, \ ,.f)' , {'\\.CMA£\)iJl..r1

fl. ,'" '-1 f "'::<., ,(U';\'T • .I-.n •• I'IA.:a..J ..... L.... ".,(",' f'"(W, I , __ \ "",' -",,,,,,-.,,"'1'~""" ~V.(I

D

3. Charley/Lenore/Ryan __ S-"I"",,=<:>,.-- (i nitial) take action based on above analysis

ATTACHMENTS FOR PUMP INSTALLATION PERMIT: 1 COVER LETTER

2 PERMIT (2x) 3 DOH COMMENTS

4LAND DIV. COMMENTS

5WCR2FORM

6WURFORM

4. Roy -(~itial) check 5. Kathy ./. (. !(initial) finalize ~ (, p(initial) signature ~JLenore/R~an File

__ not necessary - only WCP.

To be sent to apPlican@

Q Q Table 1 (SDPTD Form 12117197)


Pumped Well No. 0546-02 Pump #2 Observation well no. Pumped Well Name Pu'elelu-Kainalu Ranch Distance between Obs. & Pu II il p 1: I' Target Q 140 gpm Reference pt. for depth to water _---"'....",. __ ft. msl

Static Water Level @ start of test . msl Water level measurements by: 0 steel tape 0 pressure transducer 0 airline'

W.A.-J..I- S" "#I 4. Q. I- "

START TEST Date: ~ -/~ ,ot U~ J~ Time of day:

Flow Meter Reading Start: _____ gals

-30 o -15 o

0 911h1 Start pump 1 m

1

1.5

2 r;f)~ .s ~ I

2.5

-a-4 /1 5

6

7

8 J'Io 10 / 15

20

25

302 • Chloride sample taken

Step 2 begin?

o Table 1 (SDPTD Form 12/17197)

r-------~~--~~~----r_----~~~~--~~~~--~r_--~~~


2 minimum length of step period of constant pumping rate

3 minimum mandatory Chloride (Cn measuremenUsampling at end of every step


-----------------'-- . __ ..... __ .... -

o Table 1 (SDPTD Form 12/17197)

000 Pump off, start recovery

1 0

1.5 0

2 0

2.5 0

3 0

4 0

5 0

6 0

7 0

8 0

10 0

15 0

20 0

25 0

30 0

40 0

50 0

60 0

70 0

80 0

90 0

100 0

150 0

200 0

250 0 o 80% recovery achieved o 80% recovery not achieved

END TEST Date: ------ Time of day: _____ _

ADDITIONAL REMARKS:

Person in charge of pump test (print): _______________ _

----------------------------------------- --------------

o • Table 1 (SDPTD Form 12117197) Signature: _______________ _

The signature above indicates that the data reported on this form is accurate and true to the best of the person's know ledge who operated this pump test.

BENJAMIN J. CAYETANO GOVERNOR OF HAWA.II

Mr. Lance Dunbar Kainalu Ranch HC 01 Box 901

o


COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621.


OCT 1 2 2001


Dear Mr. Dunbar:

Well Completion Report for Well No. 0546-02 and Notice of Potential Violation

GILBERT S. COLOMA-AGARAN CHAIRPERSON



LlNNEL T. NISHIOKA DEPUTY otRECTOR

0546-02.wcr.ltr

We have received your Well Completion Report Part II for the Pu'elelu-Kainalu Ranch #2 (Well No. 0546-02). However, matters which must be addressed before we accept your report as complete are as follows:

1. A step-drawdown test is required for installing a pump >70 gpm. The installed pump is rated at 140 gpm.

2. Chloride readings must be taken prior to and immediately following pump tests. 3. The wellhead elevation must be surveyed by a licensed surveyor. 4. As-built of pump configuration for both pumps.

In view of the unusual findings of ample water above sea level, these well completion details become more important.

The original application is for a 30-gpm pump, and while it was understood following discussions with staff that a 140-gpm pump would likely be installed as a backup, the larger pump should be supported by an additional after-the-fact application. If we are responsible for miscommunications on this point, let us correct it now. Having installed a pump larger than what was permitted is a violation of the Water Code. and you must submit an after-the-fact application for this secondary permanent pump (attached). with an explanation.

When thG-9p~ is installed, a constant rate test must be performed with that pump, which may be permanently Installed pending results of the pump tests.

Please respond to the above item(s) within thirty (30) days of this letter's date. Failure to do so may result in fines of up to $1000 per day.

If you have any questions, please contact Charley Ice of the Commission staff at 587-0251 or toll-free at 1-800-468-4644, extension 70251 .

CI:ky c. American Drilling

. SiBJ,g ~NNEL T, NISHIOKA

Deputy Director

/

I e State of Ha . aii For Official Use Only:


WELL COMPLETION REPORT - PART II

.,. .... .-.. '~ ~~~ 1 ., ,f ~- r, '." ~1

~ Pump Installation rn" 'St:"· or LI Instructions: Please print in ink or type and send completed report (with attachments, if applicable) to the

4 p3: 15 Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. The Commission may not accept incomplete reports. This form shall be submitted within 60 days of the completion of work. For assistance, please consult the Hawaii Well Construction and Pump Installation Standards or call '@le'" Regulation Branch at 587-0225. For updates to this form or additional information, please visit our websi~at ," http://www.state.hLus/dlnr/cwrm/ ' -

'-,.' • ~"i'

1. State Well No.: 0546-02 P2 Well Name: Pu'elelu-Kainalu Ranch Island: Moloka'i

2. Address: Kainalu, Mana'e Tax Map Key: 5-7-3:62

3. Pumpln~al~tionCompany: ~~~~~~~~_'~~=A~h~~~O~A~/~/_(~/~n~~~~~~~~~~~~~ 4. Date Pump Installed: « - z - 0 I

month/day/year

5. PERMANENT PUMP INFORMATION b

Pump Type, Make, Serial No.: ~~~~~~~K~D~~~O~S~~S~U_~_·~_~~~~t~~~o~#~3~6~b~/_q~~_O~~_6~._ Rated Capacity: / '112 gpm at head of: .. ? g $- I ft.

rp"'" Motor Type, H.P., Voltage, rpm: J Y:z"fp' thtttJ Type of flow meter: e>yj~&.(,' p , ~...s:::L

~ ,- . Pump type (check one):

D Deep Well Turbine

~ Submersible

D Centrifugal


D Rotary

D Rotary-Displacement

D Rotary-Gear

~(!) II? ,s-vt.... £rl'l'kk /r'1 6E"<1? V/'3 which measures in G..a J1.1

~~~,~~~~~~--

D Propeller

D ReCiprocating

D Impulse

D Flowmeter Manufacturer Make Size

D Weir ~ Open Pipe D Orifice* D Other*, explain below

*attach schematic



pu~p Installation con~or (print) ~-<-A-,-}1It~, !::!:'o.(..r;",,:w,, IW~Io!<L.!)f~::L-.!§~~rL/L.!1./I..!..,,pC-57a/A Lic. No. J) / 1 I

Signatur~-G~~~= -- Date ,!-t; 0 I /

Permittee (print)

Signature Date 'f... ¥ - tf) I

WCR2 Form 512100

o Q Table 2 (CRPTD Fomf12117197)

CONSTANT-RATE PUMP TEST DATA

Pumped Well No. 0546-02 Pump #2 Observation well no. Pumped Well Name Pu'elelu-Kainalu Ranch Distance between Obs. & Pumped Well __ ---:_ ft. Target Q 140 gpm Reference pt. for depth to waWt ~r-r- iI P 3 :ttft·.I¥11

Static Water Level@start of test0_'~_·i ____ ms Water level measurements by: 0 steel tape 0 pressure transducer 0 airline

'6(1C1l1,o.....y, ,.

START TEST Date: ~ -I L _ g I Time of day: /I ,11'1«

Flow Meter Readi Suggested Actual elapsed. elapsed

time . time

t t

-45 Start Test

-30

-15 1 o lI' , JS-O • Start pump/CI- taken

1

1.5

2 1/' IJ I I ~

2.5

3

4

5

6

7

8

10

15

20

25

30

40

50

60 .l: D-V

70

80

o o Table 2 (CRPTD Form 12117197)

"'!for:

90

100

/fo 200

/jO

300 , • CI" sample taken f /It -460.1 " n... 13<b4 ~

r-----~--~--~~~~------~------~----~--_+----_+--------------~ 560

f)Jf 660 1.3 ;' d 1- 3(' I(~ 3// ,~o r-----~------~--_T~----~~------~----~--_+----_+--------------~

f~r-__ 7_00~7~:~~~~3_~_4~'~~:~3_'_'-+ __ /~ __ D-+ __ ~ __ ~ ____ .+-__________ ~ 800 / / p)A'J S ~ 4..f 3 I ( , J - 4 ' • CI" sample taken

'b-J6,,'" 900 ~----~------~---4I~------~------~----+---~-----r--------------~

'" 1'1 1000 102' : •• Jg 'I ~ J h / ~ to 1 • CI" sample taken

1500 1 • CI" sample taken

• CI" sample taken

2500 7 /1m J '6V~ ? ~{ 1 • CI" sample taken


1 • CI" sample taken


~~r-___ 60_0_0~h~~~IJ_S ___ ~3~'~~',~~.~1r~~3 ___ // ___ ~_/_~_~_O-+-___ ~~_~1 ______ .~C_I"_S_am_p_le_t_ak_e_n ___ ~ 7000 1 • CI" sample taken

8000 ' . CI" sample taken


2

o

1 Chloride sampling required

Max possible duration, water level or quality did not stabilize for any 24 period

Begin recovery data next page Flow meter reading at end of pumped period: ___________ gals

o • Table 2 (CRPTD Form 12/17/97)

0 0 0 Start recovery

1 0

1.5 0

2 0

2.5 0

3 0

4 0

5 0

6 0

7 0

8 0

10 0

15 0

20 0

25 0

30 0

40 0

50 0

60 0

70 0

80 0

90 0

100 0

150 0

200 0

250 0 o 80% recovery achieved o 80% recovery not achieved

END TEST Date: Time of day:

ADDITIONAL REMARKS:

Person in charge of pump test (print):

o o Table 2 (CRPTD Form 12117197)


/ .

~'

o o Hawaii For Official Use Only:

COIMMISSION ON WATER RESOURCE MANAGEMENT of Land and Natural R •• ources

N REPORT - PART I p 3: I 5

Instructlo ... : Pi .... print In send completed report (with attachments. if applicable) to the Comml .. 1on on Water Resource P.O. Box 821. Honolulu. H.waIl96809. The Commission may not accept Incomplete reports. Thia shall be IUbmlttect within 80 days of the completion of work. (F~;" , assla ..... ce. plelH consutt !he Hawaii Construction and Pump Installation Standards or callihe Regur.tton Branch a. 117.0221. For updates' to thIs form or additional Information, plea •• visit our webslle at

",f" · ..... t r , ,

htlp:IIwww .••. hi.lllldlnr/awrml

,

Well· Name: ,G;P .... JJ--=e:..loJ .......... l~l.1_l(l'o<a .. "'''"'· AW«oa .. l~\il ..... RWiaHR~e:rlR!i-- Iisiand: 1. State Well No~: -_.x..a::~~:.M

2. Address: ~~~~~~~~~~~~~~~~~~~

T_MapKey:

3. Drilling Company:

4. Drilling method used contruction:

5. Date Well Construction , ,cased, grouted) completed: _2 -.. ~o { Attach urlll' ..... Log (7/26119 DL FoIm) ; monttll~

In Ndltlon fo the .~. log, If. ,.o/oglc log w •• prepM8d, ,.... RUbin" with this 101m.

6. Was the subject well co ed? 0 Yes ~ No "\ ':,/

7. Initial water-level encou tered ..J q r ft. bejWI ground Date and time of measur~ment: J - 3 '- "f) I ! monlhIdiYJ;iir .~

8. Step-[)rawdown Test c~mpleted? 0 No 21 Yes Att8ch StepoDrawdown T •• t fori (1V11/87 SDPTD Fonn)

9. Constant Rate Aquifer Test completed? 0 No EI Yes Attach Constant Rate Aquifer T., t fc',rm (12117191 CRPTD Form)

Parameters prior to pump t~st: If ~ 10. Water-level: I: 6,'''' ?6.. ft. above mal Date and time of measurem nt -a' - / s-- 0 ,

monlhldlv/Yiir Ume

I , "tt.' ppm Date and time of sampling: I 11. Chloride: . monthld'v1ye« IN'

12. Temperature: ~ OF Date and time of measurem~nt: ." - 1-;;- _ 6 (

~ I monttiIa.vlYiir time

13. Fill In the •• -bunt .actlon on tha other aide of thla ah~et. • I. 14. Attach plot plan and su~i veyor's stamped elevation report.

15. If a pump is not planne to be installed, please describe (belOW in the remarks section how well i8 secured to prevent unauthorized a ess (example: lockable cover. threaded coupling. etc,) I I '.

16. Remarks: Th, i . _ J 6r 7h

C-57 Lie. No. _-+ ___ ~==-..:..._. __ _ --' Signature Date ---lLlL--.-:::;..-'---..:.-----

Surveyor (print) --i------------- L.P.L.S. Lie. No, -t---------plea" .ttsch stamped

Signature Date _1-. _________ _

Permitt .. (prInt) Date .4-----------

S\I)nature

-- .. 8 I 13. AS~BUIL T vtIIrL SECTION (Please attach as-built if different:ll diagram ~fDvided below)

I

• r

(to nearest 0.01 ft.) -=:, , . i- Minimum of 2' Radius & 4" Thl~k,Concrete Pad Elevation at top of casing..:.J..5.2. ft., msl". ;F' _L~O~le ~iameter: • €i in.

r-a-en-c-h-m-a-rk----, ~.r'.: .~/"., ~- Ground Elevation: I ft .• msl

elevation: r·---- ---- :1~l~;~;: ~tl~,L..r-71k'~~' -,-=-~ t--'---v-

r----.....

ft I" ' ~':~ < I HJ ~~ ..yf..-A. 0 -- .,ms I . <. I hS~~~ro nearest I ~~.e~~:~~ISa.?c~ fro~ i ~L: f":~~ '> ~ 1N.C 6(>~ l~r·S W\ f

j ground elevation to top of I ". '~', '. ';'. [l I ~ ~. t.J H" ) I whichever is less.)' /: ;'::: ~ ~. fl_

'---------'\ water surface or 500 ft"l' \:: :.::: a; ~ ~., l( .' ! '::~' ...J t--- Solid Casing: (

--, i :~. ".: .!

Annular space between hole and casing (min.3"):

,» I Length:_ IJ:V ~ I :.. .

~ t';: t I Nominal Diamerer: ! _.- rg:--=±p--- ....

1...-...-------1 tJ: I i

in.

Rock or Gravel Packing:

I Wan Thickness: , • 25Q In .

I I I Bottom Elevation: e:;:'} ft •• msl

, Tolal Depth

434_ft. MJtit~,: ft.

l' Open Casing: [){PI rforaled o Screen

I

t J~.,:.

". Crushed Basalt

o Rounded Gravel

Waler Level Elevation: ., :3 8:3 ' 9 .,'msl* .

Length: ~~ ft.

Y Nominal Diameter: TO In.

Wall Thickness: • jJ5Q lD In .

Bottom Elevation: ~:2 ft .• msl

---4-1 -b-6 ____ ft.

1 _____ . ______ _ "msi = mean sea level

Diameter: --........ -tl-+~"*Qr------ in. Bottom Elevation: • 1; ft .• msl

4 .... DS4lo,o'L ?u~\l(u 1, I Solid Casing Material: I Carbon Steel: compliant with (check onu or more): 0 ANSI/AWWA C200 0 API Spec. 5L 2(ASTM A53 \ 0 ASTM A139

And compliant with (check one or more): 0 ASTM A242 0 Type E 0 Type S ~ Grade BiD Other

Stainl ••• Steel: (check one): 0 ASTM A409 (production wells) 0 ASTM A312 (monitor wells)

ABS Plastic conforming to ASTM F480 and ASTM 01527: (check one) 0 Schedule 40 0 Schedule ~O

PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (check one): 0 Schedule 40 1 Schedule 80 0 Schedule 120

Thermoset PI.stic: (check one) 0 Filament Wound Resin Pipe conforming 10 ASTM 02996

o Centrifugally Cast Resin Pipe conforming to ASTM 02997 I

o Reinforced Plastic Mortar Pressure Pipe conforming to ASTM 03517 ! o Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C9SP

o PTFE Fluorocarbon Tubing conforming 10 ASTM 03296 'I


Open Casing Material: Carbon Steel: campUant with (check one or more): 0 ANSI/AWWA C200 0 API Spec. 5L ,fASTM A53 0 ASTM A139

And compli .. nt with (check Of18 or more): 0 ASTM A242 0 Type E 0 Type S • Grade B,D Other

Stain .... St •• I: (check one): 0 ASTM M09 (production wells) 0 ASTM A312 (monit01 wells)

ABS Plastic conforming to ASTM F480 and ASTM 01527: (check Of18) 0 Schedule 40 0 Schedule ,0

PVC Pla.tlc conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (check one): 0 Schedule 40 0 Schedule 80 0 Schedule 120

Thermoset Plastic: (check one) 0 Filament Wound Resin Pipe conforming to ASTM 02996




o PTFE Fluorocarbon Tubing conforming to ASTM 03296


J

-I-._....!- L 1 ~r . 1"1~ _,...1 I _ 1--.1 T'--'+' I T ',-t- +-.~ -r-= i I "I -, I - "- I I~" I I I

:~3_~Ej __ F __ ~_=T~·~Et~=+=t=,±=+=i _ t"1 I f---~ ,1--.-

-I.....

I \ \. "

0\ II 'I II II

II II

II :1

!

~ \0 ~ ,-I \)

r-'

'0 s: f;\

~ f ~

I I ! I

I


Mr. Lance "Kip" Dunbar HC 01 Box 901

o o




DEC 1 9 2000


Dear Mr. Dunbar:

Well Construction Permit Pu'elelu-Kainalu Ranch Well #2 (Well No. 0546-02)

GILBERT S. COLOMA·AGARAN CHAIRPERSON



LINNEL T. NISHIOKA DEPUTY DIReCTOR

0546-02.wcp

Enclosed are two (2) copies of your approved Well Construction Permit for the captioned well(s) that authorize well construction activities but excludes installation work for your permanent pump. As part of the Chairperson's approval, the following special conditions were added and are part of your permit under Permit Condition 13:

Special Conditions

1. Attached for your information is a copy of the Department of Health's (DOH) review comments. Please note DOH's requirements related to discharge of effluent from well drilling and testing activities. .

This permit does not authorize work for your permanent pump installation. Approval and issuance of your pump installation permit is contingent upon completed application and information provided to and accepted by Commission staff as required in the Well Construction & Pump Installation Standards (1/23/97) and any special conditions performed under this permit. However, a permanent pump may be installed prior to the permanent pump installation permit issuance in accordance with the Commission's April 15, 1998 Declaratory Ruling No. DEC-ADM98-G5, which states that:

·Permanent pump installation for capacities between 0-70 gpm and where the proposed use is for private individual needs in non-ground-water management areas 'may be allowed prior to the final pump installation permit issuance. When required as a condition of the well construction permit, subsequent pumping tests shall validate the acceptability of the permanent pump. The permanent pump installed prior to final pump installation permit issuance is subject to removal if the testing shows that a smaller pump is required to reduce the potential of affecting neighboring wells and localized upconing at the applicant's well .•

If you qualify and wish to take advantage of this ruling, please'include a written request to install the permanent pump prior to final pump installation permit issuance when you return to us your signed well construction permit.

Please sign and have the contractor sign both permit originals and retum one for our files. Also, copies of the aquifer pump test worksheet and the well completion report form are enclosed for your use.

IMPORTANT - Drilling work shall not commence until II fully signed permit is returned to the Commission. Please provide all the information in this packet to your well drilling contractor. The permittee, well operator, and/or well owner are responsible for all conditions of the permit. This includes ensuring that the well construction contractor, or other party who constructs the well(s), submits a completed Part I of the Well Completion Report form (enclosed) within sixty (60) days after the well construction work is completed. Be advised that you may be subject to fines of up to $1000 per day for any violations of your permit conditions starting from the permit approval date.

If you have any questions, please call Charley Ice of the Commission staff at 587-70251 or toll-free at 1-800-468· 4644 extension 70251.

Aloha, ~

~o~--'~+ Chairperson D

Enclosures c. Paul Frandsen

/

I WELL CONSTRUCTION PERMI",

Pu"e u-Kainalu Ranch Well #2, Well No'46-02

In accordance with Department of Land and Natural Resources, Commission on Water Resource Management's Administrative Rules, Section 13-168, entitled 'Water Use, Wells, and Stream Diversion Works", this document permits the construction and testing of Pu'elelu-Kainalu Ranch Well #2 (Well No. 0546-02) at Pu'elelu, Mana'e, Moloka'i, TMK 5-7-3:62, subject to the Hawaii Well Construction & Pump Installation Standards (1/23/97) which include but are not limited to the following conditions:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

The Chairperson of the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weeks before any work authorized by this permit commences and staff shall be allowed to inspect installation activities in accordance with § 13-168-15, Hawaii Administrative Rules.

The well construction permit shall be for construction and testing of the well only. A minimum 11/4-inch diameter monitor tube shall be permanently installedl in a manner acceptable to the Chairperson, fo accurately record water levels. The permittee, well operator, and/or well owner shall coordinate with the Chairperson and conduct a pumping test in accordance with the Standards (a pump testing worksheet is attached). The permittee, we" operator, and/or we" owner shall submit to the Chairperson the test results as a basis for supporting an application to install a permanent pump and withdraw water for use. No permanent pump may be installed until a pump installation permit is approved and issued by the Chairperson.

In basal ground water, the depth of the we" may not exceed one-fourth (1/4) of the theoretical thickness (41 times initial head) of the basal ground water unless otherwise authorized by the Chairperson.

The permittee, well operator, and/or we" owner shall incorporate mitigation measures to prevent construction debris from entering the aquatic environment, to schedule work to avoid periods of high rainfall, and to revegetate any cleared areas as soon as possible.

In the event that subsurface cultural remains such as artifacts, burials or concentrations of shells or charcoal are encountered during construction, the permittee, well operator, and/or well owner shall stop work and contact the Departmenfs Historic Preservation immediately.

The proposed we" construction shall not adversely affect existing or future legal uses of water in the area, including any surface water or established instream flow standards. This permit or the authorization to construct the we" shall not constitute a determination of correlative water rights.

The following shall be submitted to the Chairperson within sixty (60) days after completion of work: a. Well completion report, (attached - Part I, Well Construction Report). b. Elevation (referenced to mean sea level, msl) survey by a Hawaii-licensed c. As-built sectional drawinjJ of the we". d. Plot plan and map shoWing the exact location of the well. e. Complete pumping test records, including time, pumping rate, drawdown,

The permittee, welJ operator, and/or we" owner shall comply with a" applicable laws, rules, and 0 . for revocation of this permit. .

The we" construction permit application is incorporated into this permit by reference and is Insta"ation Standards (January 23, 1997; HWCPIS). If the HWCPIS are not followed and as a lien on the property may result.

The permit may be revoked by the Commission if work is not started within six (6) months after It abandoned for six (6) months, unless otherwise specified. The work proposed In the well within two (2) years from the date of permit approval, unless otherwise specified. The showing of gOOd cause and good-faith performance. A request to extend the permit shall months prior to the date the permit expires. If the commencement date is not met, the ('.olmlTli~~:ion permittee, we" operator, and/or we" owner notice of the proposed action and an opportunity

If the well is not to be used it must be properly capped. If the well is to be abandoned then the permittee, well operator, and/or well owner must apply for a we" abandonment permit in accordance with § 13-168-12(f) prior to any we" sealing or plugging work.

The permittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for property damage, p'ersonal injury, or death arising out of any act or omission of the applicant, assigns, officers, employees, contractors, and agents under this permit or relating to or connected WITh the granting of this permit.

Special conditions in the attached cover transmittal letter are incorporated herein by reference;.-~-

Date of Approval: October 24, 2000 October 24, 2002

TIMOTHY E. JOHNS, Chairperson Commission on Water Resource Manage Expiration Date:

I have read the conditions and terms of this permit and understand them. I accept and agree to meet these conditions as a prerequisite and underlying condition of my ability to proceed and understand that I shall not commence work until I and the driller have signed, dated, and returned the permit to the Commission. also understand that non-compliance with any permit condition ~ be grourBfor revocation and fines of up to $1000 per day start~om he permi date of approval. :~ p c:')

Permittee's Signature: '---P( \.., '--" ;:~ ~te: Ii . ")"1~O Printed Name: l....AtJc...e H 'O.1.l~·~A~ Firm or Title: "-A1 ~A.tt;u-' ~~~ .--)

,I J ...

Driller's Signature: " ....

_______________ C-57 License # : ____ "'"' •• ~",...~ Qate: ---!!!~ __ '-l-l __ _

Printed Name: ~.~~ .> 'J

Firm or Title: _____ --'~c..;.;~~~ :...:;~~:;...~ ----1c::;)~------


Attachment c. USGS

Department of Health! Safe Drinking Water, Wastewater, and Clean Water Branches Moloka'j Department of Water Supply Paul Frandsen

-'1 en

----------------------------------------------.~-"." .. ---_ ... ,,_ ...

, I WELL CONSTRUCTION PERM ••

Pu"e u-Kainalu Ranch Well #2. Well N~546-02

In accordance with Department of Land and Natural Resources, Commission on Water Resource Management's Administrative Rules, Section 13-168, entitled 'Water Use, Wells, and Stream Diversion Works", this document permits the construction and testing of

Pu'elelu-Kainalu Ranch Well #2 (Well No. 0546-02) at Pu'elelu, Mana'e, Moloka'i, TMK 5-7-3:62, subject to the Hawaii Well Construction & Pump Installation Standards (1/23/97) which include but are not limited to the following conditions:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

The Chairperson of the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified. in writing, at least two (2) weeks before any work authorized by this permit commences and staff shall be allowed to inspect installation activities in accordance with § 13-168-15, Hawaii Administrative Rules.

The well construction permit shall be for construction and testing of the well only. A minimum 11/4-inch diameter monitor tube shall be permanently installed, in a manner acceptable to the Chairperson, to accurately record water levels. The permittee, well operator, and/or well owner shal coordinate with the Chairperson and conduct a pumping test in accordance with the Standards (a pump testing worksheet is attached). The permittee, well operator, and/or well owner shall submit to the Chairperson the test results as a basis for supporting an application to install a permanent pump and withdraw water for use. No permanent pump may be installed until a pump installation permit is approved and issued by the Chairperson.

In basal ground water, the depth of the well may not exceed one-fourth (1/4) of the theoretical thickness (41 times initial head) of the basal ground water unless otherwise authorized by the Chairperson.

The permittee, well operator, and/or well owner shall incorporate mitigation measures to prevent construction debris from entering the aquatic environment, to schedule work to avoid periods of high rainfall, and to revegetate any cleared areas as soon as possible.

In the event that subsurface cultural remains such as artifacts, burials or concentrations of shells or charcoal are encountered during construction, the permittee, well operator, and/or well owner shall stop work and contact the Department's Historic Preservation immediately.

The proposed well construction shall not adversely affect existing or future legal uses of water in the area, including any surface water or established instream flow standards. This permit or the authorization to construct the well shall not constitute a determination of correlative water rights.

The follOwing shall be submitted to the Chairperson within sixty (60) days after completion of work: "a. Well completion report, (attached - Part I, Well Construction Report). <. b. Elevation (referenced to mean sea level, msl) survey by a Hawaii-licensed surveyor.

c. As-built sectional drawing of the well. d. Plot plan and map shOWIng the exact location of the well. e. Complete pumping test records, including time, pumping rate, drawdown, chloride content, and other data.

The permi~ee, wel.1 operator, and/or well owner shall comply with all applicable laws, rules, and ordinances; non-compliance may be grounds for revocation of thiS permit.

The well construction permit application is incorporated into this permit by reference and is subject to the Hawaii Well Construction & Pump Installation Standards (January 23, 1997; HWCPIS). If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result.

The permit may be revoked by the Commission if work is not started within six (6) months after the date of approval or if work is suspended or abandoned for six (6) months, unless otherwise specified. The work proposed In the well construction permit application shall be completed within two (2) years from the date of permit approval, unless otherwise specified. The permit may be extended by the Chairperson upon a showing of goad cause and good-faith performance. A request to extend the permit shall De submitted to the Chairperson no later than three (3) months prior to the date the permit expires. If the commencement date is not met, the Commission may revoke the permit after giving the permittee, well operator, and/or well owner notice of the proposed action and an opportunity to be heard.

If the well is not to be used it must be properly capped. If the well is to be abandoned then the permittee, well operator, and/or well owner must apply for a well abandonment permit in accordance with § 13-168-12(f) prior to any well sealing or plugging work.

The permittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for property damage, personal injury, or death arising out of any act or omission of the applicant, assigns, officers, employees, contractors, and agents under this permit or relating to or connected with the granting of this permit.

Special conditions in the attached cover transmittal letter are incorporated herein by reference1.----:r-


TIMOTHY E. JOHNS, Chairperson

Commission on Water Resource Manage Expiration Date:

I have read the conditions and terms of this permit and understand them. I accept and agree to meet these conditions as a prerequisite and underlying condition of my ability to proceed and understand that I shall not commence work until I and the driller have signed, dated, and returned the permit to the Commission. I also understand that non-compliance with any permit condition may be grounds for revocation and fines of up to $1000 per day starting from the permit date of approval.

Permittee's Signature: ______________ _ Date: ______ _

Printed Name: Firm or Title: -------...;~.~::'-i.f;..;--:;:-, __ c:::J _____ _

Driler'SSignatu~. C-57License#: IriS 1 .::~te:~/~ Printed Name: Ji;;:t4IJ L ,b II ~ h'€- );! Firm or Title: d?n...e-t I cA:tl~ .b kr: II I n~

y-- ~ -a -~ Please sign both copies of this permit, retum one to the Chairperson, and retain the other for your records. , !

~::..

Attachment c: USGS

Department of Health! Safe Drinking Water, Wastewater, and Clean Water Branches Moloka'i Department of Water Supply Paul Frandsen

.. ,)

OWELL CONSTRUCTION PERMIO PU'elelu-Kainalu Ranch Well #2. Well No. 0546-02


1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

The Chairperson of the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weeks before any work authorized by this permit commences and staff shall be allowed to inspect installation activities in accordance with §13-168-15, Hawaii Administrative Rules.

The well construction permit shall be for construction and testing of the well only. A minimum 11/4-inch diameter monitor tube shall be permanenuy installedl}n a manner acceptable to the Chairperson, to accurately record water levels. The permittee, well operator, and/or well owner shal coordinate with the Chairperson and conduct a pumping test in accordance with the Standards (a pump testing worksheet is attached). The permittee, well operator, and/or well owner shall submit to the Chairperson the test results as a basis for supporting an application to install a permanent pump and withdraw water for use. No permanent pump may be installed until a pump installation permit is approved and issued by the Chairperson.



In the event that subsurface cultural remains such as artifacts, burials or concentrations of shells or charcoal are encountered during construction, the permittee, well operator, and/or well owner shall stop work and contact the Departmenfs Historic Preservation immediately.

The proposed well construction shall not adversely affect existing or future legal uses of water in the area, including any surface water or established instream flow standards. This permit or the authorization to construct the well shall not constitute a determination of correlative water rights.

The following shall be submitted to the Chairperson within sixty (60) days after completion of work: a. Well completion report, (attached - Part I, Well Construction Report). b. Elevation (referenCed to mean sea level, msl) survey by a Hawaii-licenSed surveyor. c. As-built sectional drawin~ of the well. d. Plot plan and map shOWIng the exact location of the well. e. Complete pumping test records, including time, pumping rate, drawdown, chloride content, and other data.

The permi\tee, wel.1 operator, and/or well owner shall comply with all applicable laws, rules, and ordinances; non-compliance may be grounds for revocation of thiS permit.

The well construction ~rmit application is incorporated into this permit by reference and is subject to the Hawaii Well Construction & Pump Installation Standards (January 23, 1997; HWCPIS). If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result.

The permit may be revoked by the Commission if work is not started within six (6) months after the date of app'roval or if work is suspended or abandoned for six (6) months, unless otherwise specified. The work proposed In the well construction permit application shall be completed within two (2) years from the date of permit approval, unless otherwise specified. The permit may be extended by the Chairperson upon a showing of gOOd cause and good-faith performance. A request to extend the permit shall be submitted to the Chairperson no later than three (3) months prior to the date the permit expires. If the commencement date is not met, the Commission may revoke the permit after giving the permittee, well operator, and/or well owner notice of the proposed action and an opportunity to be heard.

If the well is not to be used it must be properly capped. If the well is to be abandoned then the permittee, well operator, and/or well owner must apply for a well abandonment permit in accordance with § 13-168-12(f) prior to any well sealing or plugging work.

The permittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for property damage, eersonal injury, or aeath arising out of any act or omission of the applicant, assigns, officers, employees, contractors, and agents under this permit or relating to or connected with the granting of this permit.

Special conditions in the attached cover transmittal letter are incorporated herein by reference::.----'l.:--


TIMOTHY E. JOHNS, Chairperson Commission on Water Resource Manage Expiration Date:

I have read the conditions and terms of this permit and understand them. I accept and agree to meet these conditions as a prerequisite and underlying condition of my ability to proceed and understand that I shall not commence work until I and the driller have signed, dated, and returned the permit to the Commission. I also understand that non-compliance with any permit condition may be grounds for revocation and fines of up to $1000 per day starting from the permit date of approval.

Permittee's Signature:, _____________ _ Date: ______ _

Printed Name: Firm or Title: ______________ _

Driller's Signature: ______________ C-57 License #: _____ Date: ______ _

Printed Name: Firm or Title: _____________ _


Attachment c: usGS

Department of Health! Safe Drinking Water, Wastewater, and Clean Water Branches Moloka"! Department of Water Supply Paul Frandsen

/

------------------------------------------_._--

o data

Well No. Well Name Applicant

0546-02 Date of Review Reviewer

12114/00 Pu'elelu-Kainalu Ranch #2 RRI Lance "Kip" Dunbar

SECTION 1: WELL LOCATION INFORMATION

Island MOLOKAI Proposed Use Irrigation Aquifer System

Aquifer Sector

SOUTHEAST Proposed Withdrawal System Sustainable Yield

<200,000 WAIALUA

SECTION 2: WELL SECTION DATA (enter data in grey cells only)

Elevation at top of casing

Ground Elevation

Cement Grout

Rock Packing

Hole Diameter

Total Depth

Estimated Head

Calculated Aquifer Thickness

County Water Supply (YIN ?)

,m.s.!.

,m.s.!.

_ft.,m.s.1.

123 ft.

-

Solid Casing

Material

Designation

Length

Diameter

Wall Thickness Casing

Material

Designation

Length Diameter

Wall Thickness Openings

Open Hole

Length

Diameter

ft.

in.

SECTION 3: CHECKLIST (values to check are shaded)

Well Depth

Theoretical Thickness of Aquifer

1/4 Aquifer Thickness

Depth of Well below Sea Level Well Casing

Minimum Wall Thickness

Material

County or Non-County Minimum Thickness per standards

Wall Thickness Provided Minimum Length of Solid Casing

90% of ground to top of aquifer

Length of solid casing Provided Csslng Material

Annular Space

Depth of Grouting Calculated Depth of Grouting

Depth of GtOUtlng provided Thickness of Annular Space

Steel

123 ft.

30.75 ft. 20 ft.

non-county 0.250 in.

0.188 in.

402.3 ft.

okay (refer to HWCPIS Section 2.2)

toosmalt (refer to HWCPIS Section 2.4 c)

_~-:-=-=4=58-:* ft. okay.. (refer to HWCPIS Section 2.4 d) . ASTM A139 "9kay . .'. (refer to HWCPIS Section 2.4 e)

312.9 ft.

~50 It 3. in. ------'----

If the cell above reads #N/A, reference HWCPIS)

. not enough

. okay

Page 1

(refer to HWCPIS Section 2.6 c)

(refer to HWCPIS Section 2.6 d)

8

OMISSION ON WATER RESOURCE MANAGEMEe. . ROUTE SLIP FOR PERMIT ISSUANCE

FROM: CHARLEY

BAUER, G. CHING, F. FUJII, N.

-1-HARDY,R. ~ HIGA,D. HIRANO,E.

-5-ICE,C. IMATA, R.

--JINNAI, R. KUNIMURA, 1.-

DATE:4J.e~

LUM,A. NAKAMA, L.

--NAKANO, D. ---3-NISHIOKA, L. ~

4 OHYE,M. ~ SAKODA, E.

-2-SUBIA, S. \,- ~. == SWANSON, S. UYENO, D.

--YODA, K. --

WELL NUMBER og.f(.p -0 1- WELL NAME

~ WELL CONSTRUCTION

ATTACHMENTS FOR WELL CONSTR\JCTION PERMIT: 1 COVER LETTER ./

SUSPENSE DATE:

3 Approval -3-Signature -4-lnforrnation

\ (\ :)\

2 PERMIT (2x) ---y:-3 PUMP TEST ~ TO BE SENT TO APPLICANT

4 DOH COMMENTS --y-5 LAND DIV. COMMENTS -r 6 WCR FORM ----;7"""

D PUMP INSTALLATION

FOR OFFICE USE ONLY

ATTACHMENTS FOR PUMP INSTALLATION PERMIT: 1 COVER LETTER 2 PERMIT (2x) 3 DOH COMMENTS 4 LAND DIV. COMMENTS 5 WCRFORM 6 WURFORM

TO BE SENT TO APPLICANT

} FOR OFFICE USE ONLY

PLEASE:

See Me -1-Review & Comment

Take Action --Type Draft -2-Type Final -5-File --Xerox copies

NOV-15-00 15.53 FROM.WATER RESOURCE MGT

BENJAMIN J. CAYETANO _01_ o

10.8085870219 PAGE

?' )

RECEIVED 11MOTHY Ii. JOHNS

SAFE DRINKING WATER B~ ROIIEKT G. CiIIWJ)

i~nlr . -:" ';C"in IRIANC.~ ~n ',\ ;.,iUl,l DAVJI)A.NOBRICI'-

1/1

HeRIII:IU M. RDtARCS. JIt

TO:

FROM:

SUBJECT:

STATE OF HAWAII DSPARTMENT OF LAND AND NATURAl. RESOURCSS

COMMISSION ON WATER RESOURCE MANAGEMENT p.o. BOX 821

HONOWI.U, HAWAII 86B08

OCT 18 2lOO

Honorable Bruce So Anderson, Director Department of Health Attention: Dennis Tulang. Wastewater' Branch

William Wong, Safe D' in wateox ' 1 ,

Timothy Eo Johns, ChairPerson \ • U ' Commission on Wafsr Resource anag ment

Well Construction/Pump Installation Permit Application pu'eJelu-Kainalu Ranch Well #2 (Well No. 0546-02)

I.INNeL T. NJSHIOI(A --

Transmitted for your review and comment is a copy of the captioned well application.

We would appreciate your comments on the captioned application for any conflicts or inconsistencies' wttfl the programs, plans, and objectives specific to your deparbnent Please respond by returning this cover memo fonn by October 27. 2000.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information. or request additional review time, please contact Susan Subia of the Commission staff at 587-0225. .

CI:ss Attachment(s )

[}

[ J

[ J

( J ( J

OCher relevant DOH I\IIe$ftegulaliOrl$, information, or recommendations are allaChed.

No cornment&lobjeclions

Contact person: __ pU_G._LtlJ_'/I"() __ V_~----,~~--,-,,~ ....... ~...;...,,;;;o~ __ Phone:

Date:

-..... . ."

~"'~t{u:1!? ['T'. ' -~" ,....,

///!}/eo .t-I

o o State of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

FAX: Transmitting J- pages, including this one; call 587-0251 with any reception problems.

Date: ·~--AA-v-O'O


-----'--------------------------_ .. _-_ .. _-----_.


GOVERNOR OF HAWAII TIMOTHY E. JOHNS

CHAIRPERSON



STATE OF HAWAII LlNNEL T. NISHIOKA

DEPUTY DlRECTOR

TO:

FROM:


P.O. BOX 621 HONOLULU, HAWAII 96809

OCT 18 2000

Honorable Bruce S. Anderson, Director Department of Health Attention: Dennis Tulang, Wastewater Branch

WiliiamWOng'Saf~Dr" in Water~h

Timothy E. Johns, Chairperson '. . ()~. Commission on Water Resource anag men

SUBJECT: Well Construction/Pump Installation Permit Application PU'elelu-Kainalu Ranch Well #2 (Well No. 0546-02)


We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by October 27,2000.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Susan Subia of the Commission staff at 587-0225.


RESPONSE:

[ I

[ 1

[ I

[ I

[ I

This well qualifies as a source which will serve as a source of potable water to a public water system (servin!iJ25 or more people at least 60 days per year or has 15 or more service connections) and must receive Director of Health approval prior to Its use to comply with Hawaii Administrative Rules (HAR), Title 11, Chapter 20, Rules Relating to Potable Water Systems, §11-20-29.

This well does not qualify as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or 15 service connections) and if the well water is used for drinking, the private owner should lest for bacteriological and chemical presence before initiating such use and routinely' monitor the water quality thereafter. However, if future planned use from this source Increases to meet the public water system definition then Director of Health approval is required prior to Implementation.

If the well is used to supply both potable and non-potable purposes in a single system, the user shall eliminate cross-connections and backflow connections by physically separating potable and non-potable systems by an air \lap or an approved backflow preventer, and by clearly labeling all non-potable spigots with waming signs to prevent inadvertent consumpllon of non-potable water. Backflow prevention devices should be routinely inspected and tested.


For the applicant's information, a source of possible wastewater contamination [ lis [ 115 not located near the proposed well site (informallon attached).

[ I Other relevant DOH rules/regulations, information, or recommendations are attached.

)<{ Nocomments~Object~ons (~'1 ~O f2{CO(LOS ON r~~1/. ~:;~ c..:J c:.::J

Contact Person: !-Q"'l N· t<Bj\WaV(..l Phone: 50 tf 4.3:14- Z ;0 C) .. .... - ,

Signed: ~1l. ~IJ Date IH*-Wlp 'J 0) I' ./

.~

::r::w - q .:J

.J::-f",)

... ... j


October 25, 2000

Mr. Lance "Kip" Dunbar He 01 Box 901

o • STATE OF HAWAII




Dear Mr. Dunbar:

ermit Well No. 0546-02

TIMOTHY E. JOHNS CHAIRPERSON

BRUCE S. ANDERSON ROBERT G. GIRALD BRIAN C. NISHIDA DAVID A NOBRIGA

HERBERT M. RICHARDS, JR.

LlNNEL T. NISHIOKA DEPUTY otRECTOR

0546-02.wcp

Enclosed are two (2) copies of your approved Well Construction Permit for the captioned well(s) that authorize well construction activities but excludes installation work for your permanent pump. As part of the Chairperson's approval, the following special conditions were added and are part of your permit under Permit Condition 13:

Special Conditions

1. Attached for your information is a copy of the Department of Health's (DOH) review comments. Please note DOH's requirements related to discharge of effluent from well drilling and testing activities.

This permit does not authorize work for your permanent pump installation. Approval and issuance of your pump installation permit is contingent upon completed application and information provided to and accepted by Commission staff as required in the Well Construction & Pump Installation Standards (1123/97) and any special conditions performed under this permit. However, a permanent pump may be installed prior to the permanent pump installation permit issuance in accordance with the Commission's April 15, 1998 Declaratory Ruling No. DEC-ADM98-G5, which states that:

"Permanent pump installation for capacities between 0-70 gpm and where the proposed use is for private individual needs in non-ground-water management areas may be allowed prior to the final pump installation permit issuance. When required as a condition of the well construction permit, subsequent pumping tests shall validate the acceptability of the permanent pump. The permanent pump installed prior to final pump installation permit issuanca is subject to removal if the testing shows that a smaller pump is required to reduce the potential of affecting neighboring wells and localized upconing at the applicant's well . ..

If you qualify and wish to take advantage of this ruling, please include a written request to install the permanent pump prior to final pump installation permit issuance when you return to us your signed well construction permit.

Please sign and have the contractor sign both permit originals and return one for our files. Also, copies of the aquifer pump test worksheet and the well completion report form are enclosed for your use.

IMPORTANT - Drilling work shall not commence until a fully signed permit is returned to the Commission. Please provide all the information in this packet to your well drilling contractor. The permittee, well operator, and/or well owner are responsible for all conditions of the permit This includes ensuring that the well construction contractor, or other party who constructs the well(s), submits a completed Part I of the Well Completion Report form (enclosed) within sixty (60) days after the well construction work is completed. Be advised that you may be subject to fines of up to $1000 per day for any violations of your permit conditions starting from the permit approval date.

If you have any questions, please call Charley Ice of the Commission staff at 587-70251 or toll-free at 1-800-468-4644 extension 70251.

Aloha,


TO:

FROM:

SUBJECT:

o




OCT 1 8 2000 Dean Y. Uchida, Administrator ~ Land Division ~"_ Linnel T. Nishioka, Deputy Director ' Commission on Water Resource Manage ent

Well Construction/Pump Installation Permit Application PU'elelu-Kainalu Ranch Well #2 (Well No. 0546-02)



DAVID A. NOBRIGA HERBERT M. RICHARDS JR.


Transmitted for your review and comment is a copy of the captioned well application which includes a request for a pump installation permit.

We would appreciate your comments on the captioned application with regard to the programs, plans, and objectives specific to your division. Please respond by returning this cover memo form by October 27, 2000.


CI:ss Attachment(s)

RESPONSE:

[ ] A water lease/permit is required of this applicant and an application for such will be requested by our division.

kk A water lease/permit is not required of this applicant.

[ ] A water lease/permit has been obtained by the applicant through lease no. _________ _

[ ] Other relevant Land Division rules/regulations, information, or recommendations are attached.

No objections [ ]

KK Other comments: Original source of private title Award 7758:1 issued between 1845

is ~~ Co~ssion and S3:ff! 5. c::3 . 0 ~

Contact Person: _---!::G~a~r=_yt.._..'M~a~r~t::.=i~n~ ________ _

Signed:_-,r7tL--'L--_~<_7vl. __ .... _~~==.==~=---____ _

Phone: 587 - 0 ~.t?;

Date: 10/23/0q;" . --j'

__ : r'

--1"·

n/J -f If: ~ ·'r oJ::..

.. -~

.. -- ,i'! . . ~:J .J::., .J::.,.

-----------------------------------------------------------------------------------------

o

Enclosures C: Paul Frandsen

TIMOTHY E. JOHNS Chairperson

o

- WELL CONSTRUCTION PERMIT

PU'ell.KainaIU Ranch Well #2. Well No. &-02


1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

The Chairperson of the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weeks before any work authorized by this permit commences and staff shall be allowed to inspect installation activities in accordance with § 13-168-15, Hawaii Administrative Rules.

The well construction permit shall be for construction and testirg of the well only. A minimum 1114-inch diameter monitor tube shall be permanently installed, in a manner acceptable to the Chairperson, to accurately record water levels. The permitt~ well operator, and/or well owner shal coordinate with the Chairperson and conduct a pumping test in accordance with the Standards (a pump testing worksheet is attached). The permittee, well operator, and/or well owner shall submit to the Chairperson the test results as a basis fOr supporting an application to install a permanent pump and withdraw water for use. No permanent pump may be installed until a pump installation permit is approved and issued by the Chairperson.



In the event that subsurface cultural remains such as artifacts, burials or concentrations of shells or charcoal are encountered during construction, the permittee, well operator, and/or well owner shall stop work and contact the Department's Historic Preservation immediately.

The proposed well construction shall not adversely affect existing or future legal uses of water in tte area, including any surface water or established instream flow standards. This permit or the authorization to construct the well shall not constitute a determination of correlative water rights.

The following shall be submitted to the Chairperson within sixty (60) days after completion of work: a. Well completion report, (attached - Part I, Well Construction Report). b. Elevation (referenCed to mean sea level, msl) survey by a Hawai~licensed surveyor. c. As-built sectional drawing of the well. d. Plot plan and map shOWing the exact location of the well. e. Complete pumping test records, including time, pumping rate, drawdown, chloride content, and other data.

The permittee, wei! operator, and/or well owner shall comply with all applicable laws, rules, and ordinances; non-compliance may be grounds for revocation of thiS permit.

The well construction ~rmit application is incorporated into this permit by reference and is subject to the Hawaii Well Construction & Pump Installation Standards (January 23, 1997; HWCPIS). If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result.

The permit may be revoked by the Commission if work is not started within six (6) months aftEr the date of approval or if work is suspended or abandoned for six (6) months, unless otherwise specified. The work proposed In the well construction permit application shall be completed within two (2) years from the date of permit approval, unless otherwise specified. The permit may be extended by the Chairperson upon a showing of goOd cause and good-faith performance. A request to extend the permit shall be submitted to the Chairperson no later than three (3) months prior to the date the permit expires. If the commencement date is not met, the Commission may revoke the permit after giving the permittee, well operator, and/or well owner notice of the proposed action and an opportunity to be heard.

If the well is not to be used it must be properlv capped. If the well is to be abandoned then the permittee, well operator, and/or well owner must apply for a well abandonment permit in accordance with § 13-168-12(f) prior to any well sealing or plugging work.

The permittee, its successors, and assgns shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for property damage, personal injury, or aeath arising out of any act or omission of the applicant, assigns, officers, employees, contractors, and agents under this permit or relating to or connected with the granting of this permit.

Special conditions in the attached cover transmittal letter are incorporated herein by reference.


TIMOTHY E. JOHNS, Chairperson Commission on Water Resource Management Expiration Date:

I have read the conditions and terms of this permit and understand them. I accept and agree to meet these conditions as a prerequisite and underlying condition of my ability to proceed and understand that I shall not commence work until I and the driller have signed, dated, and returned the permit to the Commission. I also understand that non-compliance with any permit condition may be grounds for revocation and flnes of up to $1000 per day starting from the permit date of approval.

Permittee's Signature: ____________ _ Date: ______ _

Printed Name: Firm or Title: ______________ _

Driller's Signature: _____________ C-57 License #: _____ Date: ______ _

Printed Name: ______________ Firm or Title: _______________ _


Attachment c: USGS

Department of Health! Safe Drinking Water, Wastewater, and Clean Water Branches Moloka'j Department of Water Supply Paul Frandsen



CHAIRPERSON

i ! BRUCE S. ANDERSON ROBERT G. GIRALC' BRIAN C. NISHIDA DAVID A. NOBRIGA

HERBERT M. RICHARDS, JR.

STATE OF HAWAII LlNNEL T. NISHIOKA

DEPUTY ClRlCTOR

TO:

FROM:



OCT 18 2000


William Wong, saf~pr" if' Water ~h

Timothy E. Johns, Chairperson • U ~ Commission on Water Resource anag men

SUBJECT: Well Construction/Pump Installation Permit Application PU'elelu-Kainalu Ranch Well #2 (Well No. 0546-02)


We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by October 27.2000.



RESPONSE:

[ I

[ I

[ I

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[ I [ I

This well qualifies as a source which will serve as a source of potable water to a public water system (servinQ 25 or more people at least 60 days per year or has 15 or more service connectionsl and must receive Director of Health approval ~Ior to Its use to comply with Hawaii Administrative Rules (HAR), Title 11, Chapter 20, Ru es Relating to Potable Water Systems, §11-20- 9.

This well does not qualify as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or 15 service connections) and if the well water is used for drinking, the private owner should test for bacteriological and chemICal presence before initiating such use and routinely, monitor the water quality thereafter. However, if future planned use from this source Increases to meet the public water system definition then Director of Health approval is required R!im: to Implementation.

If the well is used to supply both potable and non-potable purposes in a single system, the user shall eliminate cross-connections and backflow connections by physically separating potable and non-potable systems by an air ~ap or an approved backflow preventer, and by cle~rly labeling all non~pota~le spigots with warning signs to prevent inadvertent consumption of non-potable water. Backfl~vention deVices should be routinely Inspected and tested. ::0. C.~ t::.:1

It does not appear that this well will be used for consumptive purposes and is not subject to Safe Drinking W~~ulatiOno .' CJ

For the applicant's information, a source of possible wastewater contamination []Is [] Is not located near tha:P.ed well iHiI (informallon attached). ,'- ':.. -:; N



;-C'; ~::.:, .J:-~.: -. ~_":7:

):I a .. Contact Person: William Wong Phone: _5_8_6_-_42_~;;...···· ··-~-...,;:1>-; _

-~ .

..c.. -J

Signed: ~ nUl CtW U9ti( Date: -----------------10/23/00

j

~i

o o ~ "/"u--\. OCT 13 2000 'I

~ BENJAMIN J. CAYETANO


TO:

FROM:




OCT 10 2000 Honorable Bruce S. Anderson, Director Department of Health Attention: Dennis Tulang, Wastewater Branch

William Wong, Safe D in~in Wate~h

Timothy E. Johns, Chairperson j. U /')--- \fv/ Commission on Water Resource ement ~

CHAIRPERSON




SUBJECT: Well Construction/Pump Installation Permit Application Manawai-Papanui Well (Well No. 5517-02)


We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by October 20. 2000.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Charley Ice of the Commission staff at 587-0251.

CI:ss Attachment(s)

RESPONSE: [ )

[ )

[ )

[ )

[ )

[ )

)(.

This well qualifies as a source which will serve as a source of potable water to a public water system (servin9 25 or more people at least 60 days per year or has 15 or more service connections) and must receive Director of Health approval prior to Its use to comply with Hawaii Administrative Rules (HAR). Title 11. Chapter 20. Rules Relating to Potable Water Systems. §11-20-29.

This well does not qualify as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or 15 service connections) and if the well water is used for drinking. the private owner should test for bacteriological and chemical presence before initiating such use and routinely monitor the water quality thereafter. However. if future planned use from this source Increases to meet the public water system defimtion then Director of Health apP"?val is required prior to Implementation.

If the well is used to supply both potable and non-potable purposes in a single system. the user shall eliminate cross-connections and backflow connections by physically separating potable and non-potable systems by an air ~ap or an approved backflow preventer. and by clearly labeling all non-potable spigots with waming signs to prevent inadvertent consumption of non-potable water. Backflow prevention devices should be routinely inspected and tested.


For the applicant's information. a source of possible wastewater contamination [lis [lis not located near the proposed well site (information attached).

Other relevant DOH rules/regulations, information. or recommendations are attached.

No comments/objections I NON to rzts. ::~. =j:.~ C-:'- .. ~r- <

c:::J c::/

~ --f

Contact Person: --=--L-D_ . .;....vi---'N'--=--. __ Ka.....,·,....,If-'_VV_CU1t ____ _

~ Phone: 5e0 4Y14 ~ C)

>

Signed:drri n. Date: "'~;;:" <.C

10 -\ ~i-1oc.p· ::.: :.:~; c::::J -1 c.n


Mr. Kip Dunbar Kainalu Ranch HC 01 Box 901 Kaunakakai, HI 96748

Dear Mr. Dunbar:

o Q




OCT 1 8 2000


BRUCE S. ANDERSON ROBERT G. GIRAlD BRIAN C. NISHIDA DAVIDA. NOBRIGA



0546-02.ack

Well Construction/Pump Installation Permit Application for Well No. 0546-02

We acknowledge receipt, on September 12, 2000, of your completed Well Construction/Pump Installation permit application and filing fee for the PU'elelu-Kainalu Ranch Well #2 (Well No. 0546-02). You can expect your application to be processed within ninety (90) days from this date., •• (' _ , ')

~~/re~.t.r~ ~eo ~ 2d Od / This is a renewed application for an uncompleted well. The construction plan of the

previous, expired and revoked, well application still serves as the proposed construction plan. The driller shall follow current Hawaii Well Construction and Pump Installation Standards.

The well construction and pump installation fall under the conditions of your Water Use Permit #222, withdrawing not more than 202,000 gallons per day on a 12-month moving average.

For your information, the process of constructing a well is normally regulated and permitted in two (2) steps. First, a well construction permit is issued for drilling and testing purposes only. Based upon information provided by you through a Well Completion Report Part 1 (Well Construction), a pump installation permit (upon completed application) may then be issued to authorize pump work. If a pump is installed then a Well Completion Report Part 2 (Pump Installation) is required.

If you have any questions about your permit application, please contact Charley Ice of the Commission staff at 587-0251.

CI:ss


Sincerely, /;

~-"):/)A ~ /(l~" U I't-

INNEL T. NISHIOKA Deputy Director



CHAIRPERSON

TO:

FROM:




OCT 18 2000


William Wong, saf~r' ir W,ter~h

Timothy E. Johns, Chairperson . . U~· Commission on Water Resource anag men

BRUCE S. ANDERSON ROBERT G. GIRALD BRIAN C. NISHIDA DAVID A. NOBRIGA



SUBJECT: Well Construction/Pump Installation Permit Application Pu'elelu-Kainalu Ranch Well #2 (Well No. 0546-02)


We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by October 27,2000.



RESPONSE:

[ I

[ I

[ I

[ I

[ I

[ I [ I

This well qualifies as a source which will serve as a source of potable water to a public water system (servin!j125 or more people at least 60 days per year or has 15 or more service connectionsl and must receive Director of Health approval ~Jor to Its use to comply with Hawaii Administrative Rules (HAR), Title 11, Chapter 20, Ru es Relating to Potable Water Systems, §11-20- .

This well does not qualify as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or 15 service connections) and if the well water is used for drinking, the private owner should test for bacteriological and chemical presence before initiating such use and routinely' monitor the water quality thereafter. However, if future planned use from this source Increases to meet the public water system definition then Director of Hearth approval is required ml.2! to Implementation.

If the well is used to supply both potable and non-potable purposes in a single system, the user shall eliminate cross-connections and backflow connections by physically separating potable and non-potable systems by an air \lap or an approved backflow preventer, and by clearly labeling all non-potaElle spigots with warning signs to prevent inadvertent consumption of non-potable water. Backflow prevention devices should be routinely inspected and tested. •


For the applicant's information, a source of possible wastewater contamination [ Jis [J Is not located near the proposed well site (information attached).



Contact Person: ________________ _ Phone: ______ _

Signed: __________________ _ Date: ______ _


TO:

FROM:

SUBJECT:

o o




OCT 1 8 2000 Dean Y. Uchida, Administrator ~ Land Division ~;n -1 .' _ Linnel T. Nishioka, Deputy Director lJ f'f \.lJ, Commission on Water Resource Management

Well Construction/Pump Installation Permit Application Pu'elelu-Kainalu Ranch Well #2 (Well No. 0546-02)


BRUCE S. ANDERSON ROBERT G. GIRAl[) BRIAN C. NISHIDA DAVID A. NOBRIGA


lINNEl T. NISHIOKA DEPUTY DlRlCTOR

Transmitted for your review and comment is a copy of the captioned well application which includes a request for a pump installation permit.

We would appreciate your comments on the captioned application with regard to the programs, plans, and objectives specific to your division. Please respond by returning this cover memo form by October 27, 2000.



RESPONSE:

[ ] A water lease/permit is required of this applicant and an application for such will be requested by our division.

[ ] A water lease/permit is not required of this applicant.

[ ] A water lease/permit has been obtained by the applicant through lease no. __________ '

[ ] Other relevant Land Division rules/regulations, information, or recommendations are attached.

[ ] No objections

[ ] Other comments:

Contact Person: ________________ _ Phone: -------

Signed: __________________ _ Date: _______ _

OOctl" lENT N>. ~C OR ATIACH:D \lwQRKSt£ET • . . DATE 10/13/00

F YR- APP

S Q1 3.2.6. J 01 ]1~

- -- ---- -- ---

REM4AKS:

SRCI COST o OBJ eTR PR()JECl PH ACT

G. tn2fi. ~.52. (1) ----- -- ---f 191& 9121- ----- -- --- (2)

- --- ---- ----- (3) -- ---- ---- ---- ------ -- --- (4)

TOTAL

LINE (1) Well No. 5313-11

lINE (2) Well No. 0546-02

LINE (3)

I " .. c 'IA"

~

25.00

25.00

50.00

~E/DESCRIPTlON- (WN¥; INPUT)

Lance Dunbar ---------------.---_~~d ____________

----------~------.---

--------------------

i I

,

I

... ~~nk of Hawaii MEMO FROM

Kip Dunbar

CJt~ ,-:;:"1 C'::)

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fA I Q A ~ ~ ~ v~ V' ----";;....;..;~ -f:i':'~f'-· -~

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EXI

Search Results Page 1 of 1

o J;}"/tO M #

Owner: DUNBARRANCHPAR1NERS ---Tax Payer: DUNBAR RANCH P AR1NERS

Tax Bill: HC 01 BOX 901, KAUNAKAKAI, HI96748 USA Tenure: Fee Simple

Semi-Annual Tax: $10.34 Assessed Value Land: $4,100

Buildings: $0 Total: $4,100

Exemption $0 $0 $0

Size 201.44 ac

o sq ft

Buildings: 0 PITT Code: 500 Land Use: 0 Subdivision:

Dwellings: 0 Zoning: AGR Nbhood Code: 5754

http://webresearch.hawaiiinfonnation.comIREsearchi AsplFunctions/PropertylSearch TMK.asp? A 12/1/00

.. aMISSION ON WATER RESOURCE MANAGEMce

ROUTE SLIP FOR NEW APPLICATIONS

FROM: CHARLEY DATE: SUSPENSE DATE:

BAUER,G. CHING, F. FUJII, N.

NAKAMA, L. -- -3-Signature NAKANO, D. -- -4-lnformation

PLEASE:

See Me -1-Review & Comment --Take Action

-1-HARDY,R. ~ HIGA,D.

:iUM,A. 3 Approval

NISHIOKA, L. -, -- .,.

_4_0HYE,M. \tI6'; -5-Type Draft acknow letter -2-Type Final, label new file folder

HIRANO, E. SAKODA,E. . -5-File -5-ICE, C. c:'C -2-SUBIA,S. --Xerox copies

IMATA, R. --SWANSON, S. JINNAI, R. KUNIMURA, 1.-

--UYENO,D. --__ YODA,K.

r\i{~Lu-~ ~tt-2-WELL NUMBER OS't(P ..... oz.,. WELLNAME \(A-P.JA-\..v P.~'?(>,'A

Q( WELL CONSTRUCTION Gr PUMP INSTALLATION

ATTACHMENTS FOR APPLICATION, 1 TRANS. LETTER l 2 CWRMMAP 3 APPL. FORM (3X) 4 USGS MAPS (3X) 5 TAX MAPS (3X)

I. 12 eo ~:ur IJ}\J? lJo. 2..'2.'2..

2. f4 '- W\Jt>

(4?/CO,r') (,-02,CifJ "J) ~~~.uP ~--,.

6 PARCEL OWNER VERIF.~MLS PRINTOUT 7 CONTRACTOR VERIF. -y-

(~-. ~ 3. l{ -'I f..- Noll) -~ M ~ ~'-vJ-~ •

7 I,'/L.I ~ 1 8 ALL INFO FILLED IN ,/ 9 BACKGOUND CHECK "R .... £...'.~ <. 4. "~~ 6'f <tp1>~ ..r~~! "-"". L

~~? U If IAS~ ~~ (~A_ FOLDE~ c· ~.~ .

D MADE NEW FILE FOLDER, ATTACHED • :;l, N w ~ - ~ -f-o cJ D FILE FOLDER ALREADY MADE, IN FILE CA~ pvt:{- +0 ~~ ltt e.

,( . 2u.-tfWur~ ~Y-l INCOMPLETE ACTION DATES: M ~ ~ ~. DATE ACTION

j

I' Q 0 ,»Ulte of Hawaii COMMISSION ON WATER RESOURCE MANAGEMENT Deparbnent of Land and Natural Resou~ ,,-, ,- 1 \ / r n

APPLICATION FOR PERMIT DO S[P 12 All: 39 )(] Well Construction or 0 Pump Installation

Instructions: Please print in ink or type, attach required maps, and send the completed application &(~;~ ~~ to ~, Fp!J:l,!'ljssion on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. This application must be accomp~t)y ~n~~~n:ct~~re fi~ fee of $25.00 payable to the Department of Land and Natural Resources. The Commission may not accept incomplete a~pliCatlons., ForaS$itl'~~ in completing this application, please call the Commission's Regulation Branch at 587-0225.

1. APPLICANT: (Circle primary contact a, b, or c) Primary Fax:

2.

(a) WELL OWNER (b) LANDOWNER

FirmlName Dunbar Ranch Partners FirmlName same Contact Person ~Dunbar Pi,. 558-8362 Contact Person __________ ~Pu.ir ____ _

Address He 01 Box 901 Address _________________ _

Kaunakakai, HI 96748

(c) CONTRACTOR FirmlName ____________ -'P:.a.h .... · ____ _ Contractor's License No. C. - 1.5 13 I

(Please circle typ~Gen.'c', or C-57a, Gen.'A') Contact Person _________________ _

Address ___________________ _

WELL LOCATION/NAME: _K_a_i_na_l_u_A_h_u .... p_ua_' a __ I_______ Island Molokai Address Kainalu, Molokai Tax Map Key 5-7-03-62

Attach the relevant portion of (a) a 7.S-Minute Series USGS topographic map (scale 1"=24,000'), and (b) a property tax map, showing

well location referenced to established property boundaries.

3. (a) PROPOSED WORK: 0 Drill New Well 0 Deepen Olnstall New Pump

o Modify Existing Well fi Redrill o Modify Pump

o Abandon/Seal * o Replace Pump

* Be sure to complete and submit well abandonment report upon completion of work.

(b) WELL TYPE: 0 Dug 0 Bored 0 Driven fi Drilled 0 Radial

Is this well a part of a battery of wells? 0 Yes DNo

(Briefly describe and fill in the diagram on the back of this form.)

4. PROPOSED PUMP INFOHMATION: Rated Pump Capacity: 30 gallons per minute

Pump Type:

o Deep Well Turbine

U Submersible

o Rotary 0 Propeller

o Rotary-Displacement 0 Reciprocating

o Centrifugal 0 Rotary-Gear 0 Impulse

If Pump Replacement, EXisting Pump Capacity: _.I..!.Nw/ Ac..!-.--__

Motor.

o Diesel

o Gas

5l<Electric, rated horsepower:5 tp. photovoltaic CIfrect

gallons per minute

5. PROPOSED USE: o Municipal (including hotels, stores, etc.) o Industrial

9 Domestic (individual, noncommercial water sys.) # Dwelling Units _6 __ o Irrigation (crop) reforestatial/f1o...ers/kalo # Acres 150

6. o Military not to exceed daily ~iu I as set by ~dateI~ Managamn1

(a) PROPOSED AMOUNT OF WITHDRAWAL: gallons per day

(b) METHOD OF FLOW MEASUREMENT: 0 Flow-meter 9 Open-pipe 0 Orifice Plate 0 Weir

7. PENDING ACTIONS: OCDUA o SMA DEIS OEA fiNONE o Other(explain)

Completion Date:

8. REMARKS, EXPLANATIONS: Applicant is refurbishing an existing registered well and bringing it into compliance with the current well standards.

(if more space IS needed, conbnue on baCk)

I understand that approval of this application attaches the following standard conditions: 1) the proposed work is to be completed within two (2) years of the approval date; 2) the contractor shall submit to the Commission a weH completion/abandonment report within 30 days after the completion date of the permitted work; 3) monthly water use data shall be submitted to the Commission; 4) such approval shall not constitute a determination of correlative water rights and shall not guarantee the pump capacity or future use up to the permitted pump capacity ..

Well Own:ar __ ---.,.,

Signature ~ Date ~

Landowner~ ___ _

Signature ----:or--:'-......;;::~-----.,. Date ~

For Official Use Only: Date Received ______ _ Date Accepted ______ _ Field Checked By _____ _ Longitude _____ _ Aquifer System Name ________ _ Date _________ _ Latitude _____ _ State Well No. ________ _

3 Jan 97 WCPIA Form

9. PROPOSED WELL SECTION

Elevation at top of casing ___ ft., msl.

Cement Grout: ft.

Rock Packing ft.

Hole Diameter: in.

Total Depth ____ ft.

Ground Elevation: ___ ft., msr

Solid Casing: Material Length ft. Diameter in. Wall thickness in.

Casing: 0 Perforated o Screen M'Ite-ri.'1I. _______________________ . _______ _ Length ______________ ft.

Diameter in. Wall thickness in. Openings _____ sq. in.Il..F.

Open Hole: Length Diameter _____________ _

ft. in.

*Approximate elevation at time of filing application. Ground elevation above mean sea level (msl) by a surveyor licensed by the State must be submitted at start of construction. Final elevations of well components shall be submitted in the well completionlwell abandonment reports.

o

.......... --- . ~MMISSION ON WATER RESOURCE M~GEMENT

DATE: ~-{'d---rt SUSPENSE DATE. _____ . __ _

_BAUER, G. _CHING, F. _ FUJII, N. .::L. HARDY, R. ~ _HIGA,D. ~

HIRANO, E. ---L.

~ICE,C. ~ _IMATA, R. _JINNAI,R. _ KUNIMURA, I. __

_LOUI. R. _NAKAMA, L. _NAKANO. D. _OHYE, M. _SAKODA. E. _SUBIA, S. _ SWANSON, S. _UWAINE,J. _YODA, K.

__ Approval __ Signature ~ Information

PLEASE:

__ See Me __ Review & Comment __ Take Action __ Type Draft __ Type Final

File Xerox __ copies

~ (c)\.d.;Y l~ - LT~"\ ~S W~ l2- t~ tvS ~~ + O(AV-~ VU& v<:~t-I~O ~l-~. 1---l~ ~(/\ ~l~l-~ts ~~ALV C- rv~lJ\-l¥\ +u €'Cf-c~ ~~\\'r~Il;J 4'-~(' 1I\PV\-l,lW ~tivf6( O\~Lw'VC~ t~ ~ \)I'(l~).

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STAT£OfHAWA"

("'j COMMISSION ON WATER RESOURCE MANAGEMENT

DEPARTMENT Of LAND AND NATURAL RESOURCES

0-MONTHLY GROUND WATER USE REPORT

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KAINALU RANCH STAR ROUTE BOX 320

KAUNAKAKAI, HI 96748

Month of ____ , 19_

Period Period Quantity State Well Begin Date End Date Pumped No. Well Name (mm/dd/yy) (mm/dd/yy) (gallons)

0546-02 Puelelu Well N\l-

+

-

• Flow meter, electrical consumption, weir of flume, not metered (estimated) • • Measurement should be taken while pump is NOT running just prior to a pumping cycle; if measurement is taken while pump is running, please indil;ate so.

*

Non· Method· Pumping

of Chloride Temp. Water level Measurement (mgJI) (OF) (ft. above

msl)-·

Other comments or additional information (e.g .• date and method of chloride measurement; how pumpage amounts are estimated; etc ... ):

if Per discussions with Lr. Fujii the \'Jell is incomplete at this time. ~;;e would Uke to take this O:~l ortunity the use perrrdt of 202,000 gallons ~errjdtted from this well dcta i rmation ... -ill be providecL

so no draw dc:ta is available to re~uest en eytension to site ·per da~T. Dron com letion

Lan Title ____ !.!2 ... e:..:.: ... i;.;.I"':!.:.:·"· .... Dut'--_________________ _

Sign.tur ...... _~...::.....:;:::..--+-Ioo:,.....-'~ ________ _ Date ___ ~~~"-_~~'_-~9~7~ __________________ ___

Form mgwurf.frm (10/96)

~~~~------------,·.-_·' .. _I-

JOHN WAIHEE

GOVERNOR OF HAWAII

Certified Mail

o o



P. O. BOX 621


JJ :~ I 1992

TO: Mr. Charles A. Longstreth 2103 Wells Street Wailuku, Hawaii 96793

REVOCATION OF WELL DRILLING PERMIT Previously issued on June 3, 1981, for

Well No. 0546-02 Tax Map Key 5-7-03:62, Puelelu, Molokai

WILLIAM W. PATY

CHAIRPERSON

JOHN C. LEWIN. M.D. MICHAEL J. CHUN. Ph.D.

ROBERT S. NAKATA

RICHARD H. COX. P.E.

GUY K. FUJIMURA

RAE M. LOUI. P.E.

DEPUTY

On June 6, 1981, the Board of Land and Natural Resources, Department of Land and Natural Resources, issued you a permit to drill Well No. 0546-02 at Puelelu, Molokai, Tax Map Key 5-7-03:62. Subsequently, under the 1987 State Water Code, the Commission on Water Resource Management became responsible for the issuance of well construction and pump installation permits. In accordance with the Administrative Rules of the State Water Code, these permits can orily be issued for a period not to exceed two years.

As of this date, no well completion report or other evidence has been received by the Department which indicates that the subject well was ever constructed. This is consistent with our verbally-obtained understanding through the declaration of water use program that construction of the well was halted in 1989 before reaching water. Accordingly, we conclude that the well was not constructed within the allowable period, which has now expired, and that the permit should be revoked.

You are hereby notified in accordance with H.A.R. §13-168-12(k) that the permit to drill the above-mentioned well shall be revoked within 60 days of the date of this lettez: unless you can show good cause that it should not be revoked. If the well construction has already been completed, you must notify us of this before the permit is revoked, provide the information specified by the well drilling permit conditions, and declare your existing use of water from the well. Please contact our Regulation Branch at (808) 587-0225 if you have any questions.

BR:ky cc: William B. Dunbar

· .. J- • "'\

GEORGE R. ARIYOSHI h ~ .. C E ! V E 0 GEORGE A. L. YUEN

GOVERNOR of" HAWAII

. ,,' ('" ' I ~ TER & IdJ J.- ,\A , . I), , "I""'E:NT "t) IJ _'I I.. • .l.--,Jj ,

Mr. Charles A. Longstreth 2103 Wells Street Wailuku, Maui, HI 96793

Dear Mr. Longstreth:

STATE OF HAWAII

DEPARTMENT OF HEALT P.O. BOX 3378


June 22, 1981

DIRECTOR OF HEALTH

JOHN F. CHALMERS. M.D. DEPUTY DIRECTOR OF HEALTH

HENRY N, THOMPSON. M,A.

DEPUTY DIRECTOR OF HEALTH

MELVIN K. KOllUMI DEPUTY OIRFCTOR OF HEALTH

ABELINA MADRID SHAW. M.A .. J.D,

DEPUTY OIRECTOR OF HEALTH

In reply. please refer to:

File: EPHSO/San

This letter is pursuant to Department of Health review of the Board of Land and Natural Resources' recent approval of your application to drill a new well (No. °346-°%). It is our understanding that the uses listed for the well are both domestlc and irrigation. Please be advised that Chapter 49, Public Health Regulations sets down requirements for "public water systems" as defined by that Chapter. A "public water system" as defined is one which serves a minimum of 25 persons at 1east'sixty days per year or has fifteen or more servic~ connections.

Section 29 of Chapter 49 requires that all new potable water sources serving public water systems be approved by the Director of Health prior to their use to serve domestic water. Such approval is based primarily on an engineering report which adequately addresses all concerns as set down in Section 29, Chapter 49, PHR. Thi·s report must be prepared by a licensed engineer and bear his seal upon its submission to the Department.

The above discussion of Section 29 requirements will also be applicable any time in the future should your system not serve the minimum numbers of persons but eventually expand to that, minimum size: As mentioned earlier, the system at that time would also be subject to all applicable terms and conditions of Chapter 49, PHR. The'Department of Health must be notified of the system qualification as a public water system.

Should you have any questions regarding Chapter 49, PHR, please contact the Drinking Water Program at 548-2235.

cc: Chief Sanitarian, Maui DOWALD t ...

Sincerely,

~.,£~. THOMAS E. ARIZUMI Supervisor Drinking Water Program Sanitation Branch Environmental Protection and

Health Services Division

/

r . PfVI~IlJN Ul' WATER AND LANf) DEVELOPMENT , 'l-f i. I,

\, II \.0 from: ,) i '. fd/: Date: J (j

. To Initlal;\

I =- ~RObertT. Chuck See Me

~ _ Takeo FuJU _Take action by ___ _ I I

I ,

\

~~-James Yoshimoto _Route to your branch

Manabu Tagomori JI.X ...... -

Review & comment.

George Morimoto ~raft reply by ___ _ ------ Hong Fong Chang For information

Herbert Morimatsu ------ George Miyashiro

Harold Sakai t --- Leslie Asari ---_,---_ Albert Ching

-/ 'i7~rge Matsumoto ___ Lorraine Nanbu '=~ Daniel Lum __ ~Jean Siarot

Paul Matsuo. Elsie Yonamine ------ -----./ Noboru Kanesh 0 .

~ cO Ed~~n.9~k~da '11-1 < - -----

~-LM,' . ~~E·Jf}.eodl.ro;... kE ~ ene - I. -

WELL DRILLING PERMIT

for

State Well No. 0546-02 Puelelu, Molokai


In accordance with Regulation 9, your application to drill Well 0546-02 at Puelelu, Malokai, Tax Map Key 5-7-03:62, is approved subject to the following conditions:

Ene.

1. A Driller's Well Completion Report, enclosed, shall be submitted to the Division of Water and Land Development within 60 days after completion of the well.

2. Pumping test data shall be submitted to the Division of Water and Land Development within 60 days after testing the well.

3. Monthly pumpage records shall be submitted after the well is put into production.

4. Upon completion of the well, submit an "as-built" drawing of the well.

Date of Issuance

I811UsuMUONO

SUSUMU ONO Chairman of the Board

bee: USGS H4ui DWS Dept. of Health Warren S. Unemori

Engineering, Inc.

June 8, 1981

DEPARTMENT OF WATER SUPPLY COUNTY OF" MAUl

P. O. BOX 11 09

WAILUKU, MAUl, HAWAII 96793

Mr. Susumu Ono, Chairman of the Board State of Hawaii Dept. of Land & Natural Resources P. O. Box 621 Honolulu, HI 96809

Subject: Well Drilling Permit State Well No. 0546-02 Puelelu, Molokai

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STh\TE~F HAWAn

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Dear Mr. Ono:

We are in ~f a copy of the Well D~ling Permit for State Well No .cQ_~_~~_-=-<p ',-,uel el u, Molokai, that was addres s ed to Mr. Char les A. Longstreth from you.

We would appreciate a copy of all information furnished to the Department of Land & Natural Resources from Mr. Charles Longstreth and/or his duties. Thank you.

Sincerely,

William S. Haines, Director

CK/tm

GEORGE R ARIYOSHI GOVERNOR 0,. HAWAII

d

STATE OF HAWAII


P. O. BOX 621



for



DIVISIONS: CONVI:YANCE..

FISH AHD GAME

FORt:STRV

LAND MANAGEMENT

STATE PARKa

WATE:R AND LAND DEVELOPMENT

In accordance with Regulation 9, your application to d{ill Well 0546-02 at Puelelu, Molokai, Tax Map Key 5-7-03:62, is approved subject to the following conditions:




4. Upon completion.of .the well, submit an .'las-built" drawing of the well.

ONO Chairman of the Board

bee: USGS Maui DWS Dept. of Health Warren S. Unemori

Engineering, Inc.

GEORGE R ARIYOSHI GOVERNOPt 0,. HAWAII

o STATE OF HAWAII


P. O. BOX 621



for



~ --C f!)-t JJ DIVISIONS: r

CONVEYANCES

FISH AND GAME

FORESTP.Y

LAND MANAGEMENT

STATE PARKS

WATER AND LAND OEYELOPMEN'

, :-/ A. I:'

/ In accordance with Regulation 9, your application to drill

Well 0546-02 at Puelelu, Molokai, Tax Map Key 5-7-03:62, is approved subject to the following conditions:




4. ~Upon completion. of _the well, submit an "as-built" ~drawing of the well.

~USUMU ONO Chairman of the Board

bee: USGS Maui DWS Dept. of Health Warren S. Unemori

Engineering, Inc.

-------~-.---------------. _ .. _-_ ... _._ ..... .

... ,.,. State of Hawaii ' jI\ ..

DEPAJIIiII.mNT OF LAND AND NATU~OliRCES .( ~('6t

APPLICATION FOR (check ooe) 5 arJWELL ~RlLLING PERMIT DWELL MODIFICATION PERMIT

Instructions: Send completed application and attachments to Department of Land and Natural Resources, P.O. Bo% 373, Honolulu, Hawaii 96809.

Reference: Regulation 9, Dept. of Land" Natural Resources.

Is the well located in a Designated Ground Water Control Area? _Yes ~No

If "yes", application must be accompanied by a Water Use and/or Water Supply Permit and a non-refundable filing fee of $100 payable to the Department of Land & Natural Resources. However. if application is for minor modification of well, filing fee may be waived. If "no". no filing fee is required. Filing fee is waived for federal, state, and county government agencies.

1. WELL LOCATION: Island Molokai Tax Map Key 5-7-03: 62 . Attach a plot plan showing well location referenced to establi$hed property boundaries.

2. WATER USER Chuck IDngstreth. et al Telephone_2_4_4_-_7_9~1 .... 4..,..... ___ _ Address 2103 Wells Street, Wailuku, Hawaii Zip Code 96793 --------

3. PROPOSED DRILLING COMPANY: Water Resources International or Roscoe Moss Company exploratory

4. PROPOSED WORK: QUDrill new well O"Deepen o Redrill c:J Alter OSeal c:J Abandon OInstall new pump QReplace pump QModify pump

5.

s.

7.

Fill in the diagram and briefly describe the proposed work (use back of form if necessary):

------,,--------------------------------------------------.--------------------PROPOSED SECTION OF WELL E~5~tion at top of casing --.........

____ ft .• mal. "

Cement Grout 250 ft.-----.:..-~.

Hole 14" Dia. in. -----+--f Total Depth470 Ct. ------I

Rock' Packing __ ft. -----\1-,

Ground Elev. 450 Ct msl--...;;.;.=..;;;..;;;..;.;;.;.,..:...---- ..

SOlid casing: Structural / Materiai carbon steel

Length -458 ft.

DIameter 10" In. Wall thickness 0.312'5 Ill.

N/A --ii'A-Casing: .:7PerCoraled Mscrf:.

MaterialAcCOrding to Length Hydrologist Milik..L,ft. Diameter~furatet! casjnga. \Vall thle nes!br~een DOt!!. Openings neces 'l.in. iL.F.

-Approximate elev. at ClUng. Final elev. (msl) by a surveyor Ucensed by the State must be submittel.! at start of construction.

Open Hole: Length ___ l...,.O ____ fl. Diameter 6 in.

PROPOSED USE: OMunicipal L:!]Domestic

QMilitary ODisposal

CZ1 Agriculture /I'Industrial GOther (specify) ________ _

___________________________ 2_0_0 __ 8allons per minute

Signature: downer of Well Site

Date: ~/ ~ - 7/

Date: {:f[- ,30- P'I

For Official Use:

State Well No. 05£( - 02 DLNR Permit No. -------------------DL~R Application No. ----------------

o \

-WARREN S. UNEMORI ENGINEERING, INC. Civil & Structural Engineers. Land Surveyors

Wells Street Professional Center. 2145 Wells Street, Suite 403 • Wailuku, Maui, Hawaii 96793 • Telephone 242·4403

May 6, 1981

Department of Land and Natural Resources P. O. Box 373 Honolulu, Hawaii 96809

Gentlemen:

Re: Regulation 9, Dept. of Land and Natural Resources Application for Well Drilling Permit

/ We are submitting herewith a well drilling permit application for our client, Charles A. Longstreth, in accordance with Regulation 9. Also enclosed for your use are the following:

1. 2000 scale U.S.G.S. map which shows the approximate location and elevation of the prqposed well site.

2. Two copies of tax maps.

We believe all information needed for evaluation have been provided. If not, please call us or contact Mr. John Mink who has been retained as the Hydrologist for this project.

cc: Chuck Longstreth John Mink B. Martin Luna

Very truly yours,

Warren s. Unemori

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KUALAPUU - 40203

KAlUAKOI _ "'0101 HOOLEHUA - 40201

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HYDROLOGIC UNITS - ISLAND

' ____________ ~~~ __ ~~ __ ~.Q#M~.~*~~ __ ~ __ ~4A~,:ii:.::q:::.:,::=. OF MOLOKAI

Exhibit 1

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PROJECT AREA

Molokai

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KALAUPAPA - 40401

I<AwELA - 4~302 AMllOLOA - ",,0301

HYDROLOGIC UNITS - ISLAND OF MOlOKAI

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WAIALUA - 40304

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~PROJECT AREA

Molokai

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WATER USE PERMIT NO. 222

This report has been prepared in accordance with 13-171-22(b) of the Hawaii Revised Statutes

requiring a 20-year review of issued water use pennits to determine pennit compliance.

Following is a summary of pennit information, site characteristics, methodology, findings, and

recommendations for this State pennit fue.

Permit Information

Water User:

Landowner of Source:

Pennitted Withdrawal Rate:

Water Management Area:

Island:

Aquifer Sector/System:

System Sustainable Yield:

Water Type:

Original CWRM Date:

Standard Conditions:

Special Conditions:

Water Source


William B. Dunbar Star Route Box 320 Kaunakakai, HI 96748

0.202 mgd (Based upon a 12-month moving average)

Waialua

Moloka'i

Southeast/Waialua

8.0 mgd

Fresh

June 2, 1994

1-11, 13-14, 16-17, & 20-23

30-33

State Well Number(s): 0546-02

Well Name: Puelelu Well

Water Source TMK Number(s): 2nd Division, (2) 5-7-003:062

State Land Use Classification(s): N/ A

County Zoning Classification(s): Agriculture, Conservation

Geographical Coordinates: Latitude 21 0 OS' 43" North Longitude 1560 46' 14.3" West

End Use

End Use TMK Number(s): 2nd Division, 5-7-003:062

State Land Use Classification(s): N/ A

County Zoning Classification(s): Agriculture, Conservation

1 BROWN AND CALDWELL Summary Report for Water Use Permit No. 222

~~~--------------------------------------,---.--....

o

Beneficial Use Explanation:

Background Information

o Domestic & Irrigation of 200 acres of fruits, flowers,

& vegetables

Water Use Permit 222 was approved during the June 6th, 1994 Commission on Water Resource

Management meeting. There are no monthly water use reports or salinity records on file for

State Well No. 0546-02. Standard conditions 1-11, 13-14, 16-17, & 20-23 and special condition

30-33 are the governing conditions for this water use permit. A complete list of all standard and

special conditions is given in the permit file.

Field Investigation Information

Contact: Site Address:

Kip Dunbar Star Route Box 320 Kaunakakai, HI 96748

Brown and Caldwell conducted a field investigation on August 21 st, 2008 from 10:30 a.m. until

12:00 p.m. with Kip Dunbar. During this time, type of water usage was verified, GPS

coordinates of well head(s) were recorded, flow meter installation and functionality were

documented, and property TMK information was verified. The wellhead, its related

appurtenances, and water usage area were visually inspected to assess compliance with permit

conditions. Visual inspection of water loss/waste was limited to outdoor areas within the usage

boundary. Reference the TMK and GIS maps in the permit file for a visual representation of the

site.

Summary of Findings for Water Use Permit No. 222

State Well No. 0546-02 is located on TMK parcel (2) 5-7-003:062 at 21 0 05' 43" N, 1560 46'

14.3" W, with a real tUne accuracy of ±43 feet. Water is drawn from a depth of approximately

lOOO-feet by a diesel driven pump motor that is located in the well house. An aboveground

storage tank supplies the fuel to the motor. There also is a small electric pump that is powered

by the photovoltaic cells adjacent to the well house structure. The electric pump is primarily used

when the diesel driven pump motor is not in use. The water is sent to a reservoir adjacent to the

well site for storage and is gravity fed as needed onto the Kainalu Ranch grounds. The Ranch

utilizes the water on TMK parcels (2) 5-7-003:062 for diversified agriculture. Reference the

Appendix for photographs of the previously described system components.

Based upon visual inspection of the system, all components appear to be in full working order.

The permittee demonstrated functionality of an installed flowmeter and provided access to the

2 BROWN AND CALDWELL Summary Reportfor Water Use Permit No. 222

o site grounds where no wasting of water or water loss was observed. Visual inspection also

confirmed that water use was within the permitted TMK boundaries. The permittee has

advised that he has been submitting pumping records to the Commission. After inspection,

records could not be found that the permittee has been submitting monthly water use records for

State Well No. 0546-02 to the Commission.

The following are a list of standard condition(s) that the permittee is found to be in non

compliance with:

(10) An approved flowmeter must be installed to measure monthly withdrawals and a month record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a monthly basis.

Recommendations

• Address the following discrepancies between the Commission's electronic database

and actual field investigation findings:

None Found

• Address violation of Standard Condition (10) regarding non-reporting of water use. Follow up with the permittee to that ensure monthly water use reporting has been occurnng.


o o

20-Year Water Use Permit Review Water Use Permit No. 222

APPENDIX

Field Investigation Photographs


o

Figure 1 - State Well No. 0456-02

Figure 2 - Diesel driven pump motor


o o

Figure 4 - System Flowmeter


o

Figure 5 - Valves and piping to reservoir

Figure 6 - Storage Reservoir


---- --~ ----

o

Figure 8 - End use area

8

o

BROWN AND CALDWELL Summary Report for Water Use Permit No. 222

o o Water Use Permit Survey

(Please complete one survey fonn for each WUP)

WUP Number: )..."'"2-"'2-- Well Number(s): <2 S-4- (p- O"L-

Contact Information (of the person who will be present at site visit):

Name: j[l" 1;>Or.J~~ Phone (for phone interview): Email:

Best time to reach for phone interview: ___ '"_1-"CfC:..::...._(Jt..=--_ ... _'....:' __ ---''t"'''''""''--_4-'--' 2z....:=--t>=---'F~=---_______________ _

Property Information (of the water use/weIllocation):

Address: \7ll~\..tJ, \4s'1l--l4:t,...\l City: ____________________ _ Zip: ______________ _

Well Location TMK (list all if multiple wells present): ___ 5=--_7=----_o_?-"'------'(.::,=--"Z-=---_____________ _ Water Use TMK (list all ifused on mUltiple 10ts): _____ ~---''--_lC _________________ _

Water Use/Well Information:

Is the water source currently in use? Yes No D Ifno, please explain: _______________________________________ _

What are you currently using the water for? (example: "Use for 45 acres of diversified agriculture and 3 residences"): _________ _

~(WAl~

Is a flow meter installed and working properly?

Ifno, please explain: V\Al ~ ~~

Do you submit monthly water use reports to the State?

Ifno, please explain: 1: v~-\-' ~Vl"'(A.AJ..l.t., h \

Field Investigations:

Yes D No

Yes D No

~~

A representative from Brown and Caldwell will be visiting wells in your area over the next two months between the times of9:00 am and 5:00 pm. Each site investigation will take approximately 1-2 hours. Please indicate up to three potential days of the week and availability times for an on-site inspection of the well location and verification of water use compliance. The permit holder must provide Brown and Caldwell with at least five (5) working days notice of the need to reschedule.

Option #1 Date (M-F): -r-/L}jo I-it Time: 9:00am ~ 12:00pm D 3:00pm D Option #2 Date (M-F): Time: 9:00 am D 12:00 pm D 3:00 pm D Option #3 Date (M-F): Time: 9:00 am D 12:00 pm D 3:00 pm D

Once this survey is returned, a Brown and Caldwell representative will be contacting you to conduct a phone interview and finalize the exact date and time of your field investigation. Please fax/mail completed surveys by July 18th

, 2008 and direct any questions related to this survey to Mr. Milo Smith of Brown and Caldwell at

1099 Alakea Street, Suite #2400 Honolulu, HI 96813 Tel: (808) 203-2661 Fax: (808) 533-0226 [email protected]

Received: ,/1//0 "b , ~or Official Use Only

Infonnation Updated: .-:::r 1'2-e\l 06 Phone Interview Complete: _______ _

Notes/Comments: ______________________________________ _

------------------------_._, ".,---

o Phone Interview

WUP Number: . ......=2=---2-_2. ____ _ Well Number(s):, __ O_1_9"_lO_-_O_2 __________ _

Contact Name:._-!..}t_'--.!..· p----=P:-U_t\_b_a~r-____ _ Phone Number:._

Attempt #1: Date/Time:, ___________ _ Result: ________________ _

Attempt #2: Date/Time: ___________ _ Result, ________________ _

c. - -1...-0"l.. -(-2-Well Location TMK(s):_:::~>L_____,;;;;l----=':::7::..__-'P~-------------------------Water Use TMK(s): __ 6:::::-_-_-=l-__ -_o_3.=....--_<D_2.. ___________________ _

Water Source Address:,----'-P_\.t_v\_u_I-'l.t-'Jr----~_a_i_,,_~_I_U_dJ-f..l-t>-'-o...!...~-[ _____________ _ City: __________________ _ Zip Code: ____________ _

Currently using water source? G Yes ~ No D Notes/Comments:_----ipsp:::."s~I_=\.,:..._=i-f----=d..c".=~=...!.:...k..:....L.=-,J.,'....:..f\/C:;...:......:....:..+---=.I-;.....--=v-.!~=-_____________ _

How often is the water source being used? Daily D Weekly fKI. Monthly ~ Notes/Comments: drJ."., ()..,... hbl,.>oJ M Il~ t.Je..'~;lVL- ~4 . NO" i'- ~UL.

(1

How long have you been using this water source?:_....:..5'_·,_"'....:..v-_----=--\'¥l.:..,.:...'D __________________ _

Has there been any rezoning of the water source/water use properties?

Have you reported the rezoning to the State?

Yes D Yes D

No

No N/A D Ifno,explain: ____________________________________ _

f1 • ~ Scheduled field investigation day/time: __ n..:...v=-1=t-\i=-'~" +_-"_'+-'--__ D_S ___ I_D_: 00 __ 41\:.:..""'--'---__________ _

Notes (Special directions, site conditions, potential hazards, general notes, etc.): ______________ _

Comments To Make:

•

•

•

•

Although we prefer that you do not change your scheduled field investigation time, if you require a reschedule, you must provide Brown and Caldwell with at least five (5) working days notice of the need to reschedule. A representative from Brown & Caldwell will be making a reminder phone call to you sometime during the week prior to your scheduled field investigation. It is very important that you provide access to the site at the day and time agreed upon. Due to a very tight schedule, if you fail to provide access at the agreed upon time and/or do not reschedule with at least a five (5) working day notice, a makeup date will not be allowed. If for some reason you don't know where your well head is located, it would be a good idea to locate it prior to your field investigation to help make the visit go quickly and smoothly.

Interviewed BY: __ ~~=1" ___________ _ Date:_---"/L1-_~-'-/_ .. 1 __ _ Time:,_....:..i...:O....:..·_ • .,...:.r_v ___ _

-----------------------_____ - ......... ,.~_ •••• ',1111

o Field Investil!:ation Checklist

WUP Number:. __ 2_ 2_ 2 ___ _ Well NUmber(s): ___ O_4_6_fo_-_O_2--_________ _

Water Source Well Location TMK(s): t2) - 1- -~()?-002

fI c I d "1.\' I 1\ Well Head GPS COp'ntJnates: Latitude:t.) ~l (1 ~ -, OJ Longitude It) (5"&' 0 <-f~ 'C+.~ -:r~ Well Type:_-->Jt.<....::..:..:c--'-\\.cJ..=-=--________________________________ _

Currently using water source? Yes §i No 0 Notes/Comments: ~-l4w.TL. M\-r V'aIh .,....1...- 11.u: ".~ r'&utN'tJ 1"«1 ~,."c...\~ \~/tr"Lv

Is there a flow meter installed? Is the flow meter operational

Yes Yes

No No

o o

Notes/Comments: __________________________________ .

Water Use Water Use TMK(s):_S_-_?_.,_~ __ r'_O_~_~ ________________________ _

What is the water being used for? __ C_"_~~_"__ _______________________ _

No D Is the water being used within the permitted boundaries? Yes 'PJ. Ifno, explain ___________________________________ _

Is there any observed wasting of water or water loss? Yes D No Ifno, explain~ __________________________________ _

Are the permit conditions being complied with? Yes ~ No o Ifno, explain: ___________________________________ _

Other

Photographs of: Water Source Water Meter

Usage Area Pump/Motor

General Notes/Comments: _______________________________ _

Investigated By: __ ?:L-!---30-_________ _ Date: __ ·-lf~II_'_11t~&lI'I-- Time: , , ~.-g

o Standard Conditions List

1. The water described in this water use permit may only be taken from the location described and used for the reasonable beneficial use described at the location described above. Reasonable beneficial uses means "the use of water in such a quantity as is necessary for economic and efficient utilization, which is both reasonable and consistent with State and County land use plans and the public interest." (HRS § 174C-3)


3. The water use must at all times meet the requirements set forth in HRS § 174C-49(a), which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in HRS § 174C-3; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with State and County general plans and land use designations; f. Is consistent with County land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home

Lands as provided in Section 221 of the Hawaiian Homes Commission Act and HRS § 174C-101(a).

4. The ground-water use here must not interfere with surface or other ground-water rights or reservations.

5. The ground-water use here must not interfere with interim or permanent instream flow standards. If it does, then:



6. The water use authorized here is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and submittal, as amended, approved by the Commission at its <Insert Date>meeting are incorporated into this permit by reference.

8. Any modification of the permit terms, conditions, or uses may only be made with the express written consent of the Commission.

Variations of Standard Condition (8) are as follows: 1. Modification of any permit condition shall be approved by the Commission.

Modification of any permit condition without notification may result in the revocation of the water use permit.

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9. This permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect the water sources (quantity or quality); b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as

of June, 1987 shall be protected; f. Meet legal obligations to the Department of Hawaiian Home Lands, if

applicable; or g. Carry out such other necessary and proper exercise of the State's and the

Commission's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard

10. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a monthly basis (attached).

Variations of Standard Condition (10) are as follows: 1. The applicant shall keep monthly pump age estimates to be submitted

annually to the Commission. 11. An approved flowmeter(s) need not be installed to measure monthly

withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a yearly basis (attached).

111. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a monthly basis in accordance with the Commission's September 16, 1992 action on reporting requirements.

1V. Approved flowmeters must be installed to measure monthly withdrawals and a monthly record of withdrawals must be kept and reported to the Commission on Water Resource Management on a monthly basis.

v. An approved flowmeter(s) must be installed to measure monthly withdrawals and a monthly record of withdrawals, salinity, temperature, and pumping times must be kept and reported to the Commission on Water Resource Management on forms provided by the Commission on a quarterly /yearly basis (attached).

Vi. An approved flowmeter shall be installed to measure water withdrawls Vll. An approved flowmeter(s) must be installed to measure withdrawals; and a

record of the withdrawals must be kept and reported to the Deparment of

---------------------------------------,-<,---

o o Land and Natural Resources, Division of Water and Land Development, P.O. Box 373, Honolulu, HI 96809, on a monthly basis.

V111. Although not stated as a condition of the permit §13-168-7 HAR requires you to keep a record of your monthly total pumpage, water level, salinity, and water temperature. This information must be submitted to the Commission on a regular monthly basis using the enclosed water use report form.

lX. An approved flowmeter shall be installed and the withdrawal from Well 1851-73 shall be recorded and reported to DLNR on a monthly basis by the owner and/or operator of the well.

x. The withdrawals from these wells shall be recorded and reported to the DLNR on a monthly basis by the BWS.

Xl. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting water usage on a monthly basis.

xu. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting total water usage. Water usage shall be measured on a monthly basis and reported to the Commission.

Xlll. The applicant shall provide and maintain an approved meter or other appropriate device or means for measuring and reporting total water usage. Water usage shall be measured on a monthly basis and reported to the Commission along with water level and salinity measurements.

11. This permit shall be subject to the Commission's periodic review of the <Aquifer> Aquifer System's sustainable yield. The amount of water authorized by this permit may be reduced by the Commission if the sustainable yield of the <Aquifer> Aquifer System, or relevant modified aquifer(s), is reduced.

12. A permit may be transferred, in whole or in part, from the permittee to another, if: a. The conditions of use of the permit, including, but not limited to, place,

quantity, and purpose of use, remain the same; and b. The Commission is informed of the transfer within ninety days.

Failure to inform the department of the transfer invalidates the transfer and constitutes a ground for revocation of the permit. A transfer, which involves a change in any condition of the permit, including a change in use covered in HRS § 174C-57, is also invalid and constitutes a ground for revocation.

13. The uses(s) authorized by law and by this permit do not constitute ownership rights.

14. The permittee shall request modification of the permit as necessary to comply with all applicable laws, rules, and ordinances that will affect the permittee's water use.

15. The permittee understands that under HRS § 174C-58(4), that partial or total nonuse, for reasons other than conservations, of the water allowed by this permit for a period of four (4) continuous years or inore may result in a permanent revocation as to the amount of water not in use. The Commission and the permittee may enter

o o into a written agreement that, for reasons satisfactory to the Commission, any period of nonuse may not apply towards the four-year period. Any period of nonuse which is caused by a declaration of water shortage pursuant to section HRS § 174C-62 shall not apply towards the four-year period or forfeiture.

16. The permittee shall prepare and submit a water shortage plan within 30 days of the issuance of this permit as required by HAR § 13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the <Aquifer>Ground-Water Management Area.

17. The water use permit shall be subject to the Commission's establishment of instream standards and policies relating to the Stream Protection and Management (SP AM) program, as well as legislative mandates to protect stream resources.

18. The permittee understands that any willful violation of any of the above conditions or any provisions of HRS § 17 4C or HAR § 13-171 may result in the suspension or revocation of this permit.

19. Special conditions in the attached cover transmittal letter or attached exhibits are incorporated herein by reference.

20. If the ground-water source does not presendy exist, the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twentyfour (24) months from the date the water use permit is approved.

Variations of Standard Condition (20) are as follows: 1. The permit may be revoked if work is not started within six months of the

date of issuance or if work is suspended or abandoned for six months. The work proposed in the permit application shall be completed within two years from the date of permit issuance.

21. This permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HRS § 174C-59 and the requirements of Chapter 174C, the Commission on Water Resource Management has the authority to allow the transfer of the permit and the use rights granted by this permit in a manner consistent with HRS § 174C-59. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

22. The water use permit granted shall be an interim water use permit, pursuant to HRS § 174C-50. The final determination of the water use quantity shall be made within five (5) years of the filing of the application to continue the existing use.

23. The water use permit shall be issued only after agricultural review.

24. That scheduled adjustments to Oahu Sugar Co. permitted use shall be initiated upon discontinuance of agricultural uses.

------------------------------------------,,,_.'---

o o

25. The issuance of this permit was approved by the Commission on Water Resource Management at its meeting on <Insert Date>.

26. The permit shall be subject to the review by the Attorney General.

27. The permit holder may be required to relinquish this permit at any time or specified time after issuance to the Board of Land and Natural Resources in accordance with Chapter 166 of Title 13.

28. The applicant shall obtain the necessary land acquisition documents from the Hawaii Housing Authority.

o o

Special Conditions List

1. Should an alternate permanent source of water be found for this use, then the Commission reserves the right to revoke this permit, after a hearing.

2. In the event that the tax map key at the location of the water use is changed, the permittee shall notify the Commission in writing of the tax map key change within thirty (30) days after the permittee receives notice of the tax map key change.

3. The applicant shall contact the Environmental Management Division, State Department of Health, at 586-4304, concerning "GUIDELINES APPLICABLE TO GOLF COURSES IN HAWAII" date <Insert Date & Version #>.

4. Standard Condition lOis emphasized, to report consumption on a regular basis.

5. The applicant may continue this existing use of ground water within the limits approved by the Commission, and the actual issuance of the interim permit shall not be a reason to interrupt this existing use.

6. This interim water use permit shall cease to become interim and shall be subject to HRS § 174C-55 upon administrative review of the quantity within five (5) years, provided that all conditions of the use (including the review of the quantity which shall not be greater than the amount initially granted) remain the same. Enforcement of the allocation limit shall be stayed pending staffs review and issuance of a permanent water use permit.

7. As-built drawings of the well and pump, and a complete pumping test record shall be submitted within sixty (60) days.

8. In the event the pump tests show that aquifer boundary conditions do not support the requested withdrawals, the Commission reserves the right to amend this permit, after a hearing, to a level that is supported by the pump tests.

9. The existing use may be continued within the levels approved by the Commission, and the actual issuance of the permit document shall not be a reason to interrupt the approved level of use.

10. The filing of an application by Kukui, Inc. for a new or modified water use permit for the Kualapuu Aquifer in excess of 2.0 mgd (total system withdrawal) shall be just cause for re-consideration of this interim permit by the Commission

11. Upon completion of a new transmission line for the transport of water use by Well #17, the permit shall be modified to reduce the allocation amount by the additional 79,220 gallons per day allocated for use of the Molokai Irrigation System.

12. Within six (6) months from the date of approval of a water use permit for the well, the applicant shall conduct a feasibility study and submit a report describing

o alternative sources of nonpotable water for irrigation uses at the resort area. It is suggested that the developer consider use of dual lines in the subdivisions so that effluent may be used in the existing reuse system. Another consideration is the development of brackish water wells in the Kaluakoi Aquifer system for mixing with the effluent generated at the resort.

13. Within six (6) months from the date of approval of a water use permit for the well, the application shall evaluate the filter back discharges into Kakaako Gulch to determine if excessive preventable waste is occurring and identify possible measures to eliminate or reduce such waste. The evaluation shall be conducted in cooperation with the Commission staff and staff of the Department of Health's Safe Drinking Water Branch, which regulates the drinking water system.

14. Within six (6) months from the date of approval of a water use permit for the well, the applicant shall 1) implement a leakage control and detection system and compete repairs to prevent such leakage and 2) implement use of xeriscaping and low-flow fixtures.

15. Action on the future use portion of the water use permit application for Well #17 (Well No. 0901-01) is deferred pending the establishment of existing uses in the aquifer. Kukui Inc.'s application for uses in excess of those uses existing on July 15, 1992 will be considered "new" uses and will be taken up by the Commission as soon as other existing use applications have been decided. In the interim,

a. The Commission shall recognize that there is disagreement between the applicant's staff calculations of reasonable-beneficial existing use

b. The Applicant will have the burden of proof to show within six (6) months reasonable-beneficial existing use calculations that support the applicant's request as opposed to staff's calculations.

c. The Commission's enforcement of the approved existing use allocation will be suspended for six (6) months.

16. The permittee shall submit a notice of intent and written request to continue the use at least ninety (90) days prior to the expiration of the interim five-year permit.

17. The Commission shall delegate to Maui Department of Water Supply the authority to allocate the use of water for municipal purposes, as provided in §174C-48(b).

18. Maui Department of Water Supply shall be exempt from the requirements for permit modifications, as provided in§174C-57(c).

19. The permittee must meter water use and monitor chloride concentrations on a monthly basis and submit monthly reports of water use and chloride concentrations to the Commission.

20. Standard Condition 16 is waived for saltwater wells.

21. The permit will be revoked if (1) stream monitoring shows that pumping the well reduces stream flow, or (2) the electromagnetic resistivity survey indicates that the

o o

well was drilled into a dike compartment, unless the applicant submits a petition for an amendment to the interim instream flow standard with the well completion report. However, no use of the water may be made without a Pump Installation Permit, which cannot be issued during consideration of the amendment of the interim instream flow standard.

22. The applicant shall present the results of the electromagnetic resistivity survey, pump tests, and stream monitoring to a community meeting as well as to the Commission.

23. A final determination of water use quantity shall be made within five (5) years of the filing date of the application «Insert Date» to continue existing use.

24. The applicant shall implement, by December 31, 1995, a biological and hydraulic monitoring program for a minimum 2-year period that: 1) documents the existing operating procedure, 2) seeks to identify the impacts of all operating alternatives on Waikolu Stream, and 3) seeks to identify the effectiveness of weir modifications (Dam No.1). This program shall incorporate the three new wells, Wells #4-6 (Well Nos. 0855-06, -05, &-04, respectively), which may be pumped within the approved limits, for monitoring and testing purposes only. Further, semi-annual reports summarizing data and preliminary findings shall be submitted to the Commission. It is suggested that the Department of Agriculture work with the State Division of Aquatic Resources and other affected agencies to prepare the monitoring program in light of the difficult technical questions raised by this application. A particular concern is the coordination of this monitoring program with the ongoing National Park Service study by Anne Brasher. A draft of this plan shall be submitted to the Commission staff within ninety (90) days for technical review and comment. Results of the monitoring program shall be used to make recommendations to the Commission on any additional use of the wells, and shall be made readily available to all interested parties.

25. That the Commission approves the well construction permit for the KamiloloaWaiola Well (Well No. 0759-01), subject to the standard well construction conditions and the special conditions for the pumping well for the aquifer tests.

26. That the Commission authorizes the Chairperson to approve and issue a pump installation permit upon acceptance of adequate pump test result, subject to the standard pump installation conditions.

27. Should the well be used for back-up domestic supply, applicant is advised to contact DOH or otherwise ensure safe drinking water quality is maintained.

28. The applicant shall follow the agreed monitoring plan.

29. If pesticides used by the applicant are found in ground or surface water and can be traced to the applicant's use, the CWRM may revoke the permit immediately upon such finding.

o 30. Issuance of the interim permit shall be withheld until the reservation of water for

DHHL is set by rule. Applicant may continue this existing use within the approved limits.

31. The applicant shall submit well modification and pump installation permit applications for administrative approval by chairperson prior to beginning any work required to complete well.

32. Should any stream flow impacts result from use, petition to amend interim instream flow standards shall be submitted.

33. Should any dewatering result from use, pumping shall cease immediately.

34. Shall submit accurate schematic diagram of distribution system for the battery of 5 wells.

35. Shall be subject to a 6-month independent audit & monitoring.

36. Final pump capacity shall be determined from pump test results & approved administratively by signature of chair.

37. The permittee shall seek and submit to the Commission within ninety (90) days written confirmation from the Department of Land Utilization of the nonconforming use.

38. Pumping shall cease immediately if the chloride reports show that the brackish water developed in the well exceeds 1,000 mg/l of chloride, unless a variance from the chloride limit has been granted. The authority to approve future variance requests is delegated to the chairperson.

39. The duration of the interim permit shall be: a. To July 1,2006, or b. Until treated wastewater is available and acceptable for use, or c. Until such time that a significant change in permitted, actual, or projected

uses or water supply occurs.

40. Action on any interim permit may be initiated by the Commission or any permittee upon letter request or pursuant to §174C-57 Haw. Rev. Stat. (Modification of permit terms).

41. This permit is approved under the assumption that wastewater will become available for reuse as an alternative supply source.

42. Require adherence to the chloride sampling protocol and the submittal of weekly chloride data. The authority to approve variances from the weekly reporting requirement is delegated to the Chairperson.

43. Require adherence to the Conservation Conditions.

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44. In the event a water shortage is declared by the Commission, permittees in the <Insert Aquifer Sytem> shall comply with the <Insert Aquifer System> water shortage plan adopted by the Commission.

45. The permittee shall contact the Department of Health, Clean Water Branch and obtain the necessary discharge permit(s).

46. Permit shall be interim and replaces existing WUP for 2051-07 & 11.

47. Applicant shall submit an acceptable archaeological inventory survey report to DHP. If historic sites affected, a plan to mitigate these affects must be accepted by DHP and completed by applicant.

48. Should the well be used for back-up domestic supply, applicant is advised to contact DOH or otherwise ensure safe drinking water quality is maintained.

49. (The permittee) may report monthly pumpage on yearly basis.

50. Prior to issuance of any permits, must submit filing fee for after-the-fact pump installation permit.

51. The term of this permit shall be twenty years from the date of issuance of the permit with a five-year Board review to determine compliance with the provisions of the permit.

52. The amount of water to be withdrawn under this permit shall be 0.19 mgd, averaged annually, for irrigation use. This permitted use of 0.19 mgd when added to a preserved use of 0.27 mgd amounts to a total of 0.46 mgd, averaged annually, which may be withdrawn from well 1646-01.

53. The use authorized by the permit must not interfered substantially and materially with existing individual household uses and existing uses.

54. The use of this well shall be subject to the shortage and emergency powers of the Board of Land and Natural Resources (BLNR).

55. This permit may be suspended or revoked, in accordance with Chapter 166.

56. The permit holder may be required to relinquish this permit to BLNR, in accordance with Chapter 166

57. The withdrawal from Well 1646-10 shall be recorded and reported to DLNR on a monthly basis by the permittee.

58. In the event that emergency water use occurs, the permittee shall notify the Commission in writing within one (1) day of pumping, to in form the Commission as to the nature of the emergency and the expected duration of the emergency. A water

o o use report shall also be filed pursuant to Standard Condition 10 and Administrative Rule 13-168-7.

59. Note DOH's requirements related to non-potable water systems (attached to original permit).

60. Standard Condition 16 requiring the submittal of a water shortage plan is waived.

61. All non-potable spigots and piping shall be clearly labeled as "DO NOT DRINK, NON-POTABLE" to prevent direct human consumption.

62. Standard Condition 10 is modified. Due to the inability to take water level measurements, the requirement to measure monthly water levels is waived. In addition, as long as the U.S. Geological Survey is collecting and analyzing the chloride content of the well water, the requirement for the permittee to measure and report chlorides is also waived.

63. Well elevation components must be surveyed by a licensed surveyor and this information must be submitted to commission prior to issuance of permanent permit.

64. The permittee shall obtain approvals from the Department of Health and the U.S. Environmental Protection Agency prior to use of the water.

65. This water use permit, WUP No. <Insert #>, shall supersede WUP No. <Insert #>.

66. WUP No. <Insert #> is revoked

67. Standard Condition 17 is waived.

68. Standard Condition 22 for interim water use permits shall not apply.

69. To supplement our records, we request that you provide a map of the Galbraith Est. lands west of Wahiawa (2100 ac+-) and the associated TMK's for use area.

70. Deferred action on portion requested for golf course irrigation pending further refinement of irrigation requirement and a feasibility study for utilization of surface water sources, including Wahiawa Reservoir.

71. Written justification be provided for any 'cushion' of 0.5 mgd.

72. The water use permit shall be an interim permit. The duration of the interim permit shall be until treated wastewater is available and acceptable for use. The permittee shall continue discussions with Honolulu Board of Water Supply regarding the use of reclaimed water.

73. The permittee is put on notice that this is a qualified approval in that this permit may be modified or revoked prior to the expiration of the interim permit if the

o o Commission decides that the use of additional basal ground water for dust control and landscape irrigation is not reasonable-beneficial use.

74. The permittee encouraged to use drought-tolerant landscaping to conserve water.

75. Should the applicant provide written evidence that the county DHCD approves a 201E exemption for the elderly affordable housing project then the applicant may modify a corresponding portion of their existing aquacultural use to be used by the exemption approved project within the Commission approved water use permit limits under recommendation 5.

76. The applicant shall obtain a water lease/permit from Land Division prior to actual use of the well water.

77. Require the permittee to sign a contract by May 14, 1998 with the City Department of Wastewater Management to buy and use 0.400 mgd ofR-1 water for a corresponding reduction in allocation for Well Nos. 1900-02, 17 to 20, and 1901-03.

78. Standard Condition 9 is waived.

79. Standard Condition 10 is modified to exempt the permittee from monthly measurements of salinity and temperature.

80. Standard Condition lOis waived.

81. Applicant must seek a determination from BLNR and Land Mgt Divas to whether water license required. If required, license must be obtained prior to issuance of permit. If not, permit will be issued w / out further action.

82. Commission defers action on use in excess of 452,000 gpd pending additional info from BWS and further staff analysis.

83. The permit shall be subject to the Commission's sustainable yield review by December 1990.

84. The Commission shall delegate to the Honolulu Board of Water Supply the authority to allocate the use of water for municipal purposes, in accordance with §174C-48(b) HRS.

85. Honolulu Board of Water Supply shall be exempt from the requirements of permit modifications as provided in §174C-57.

86. BWS must participate in discussions, to be coordinated by Commission Staff, regarding a monitoring program to address impacts to Kaneohe Bay water quality, prior to any action on applications for future municipal uses.

87. A pump installation permit application must be made and approved prior to the installation of a permanent pump.

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88. The water withdrawn shall be 0.7 mgd for municipal use.

89. The installed pump capacity of the well shall not be more than 700 gpm or 1.01 mgd.

90. The term of permit shall automatically expire twelve months from the date of tssuance.

91. The Honolulu Board of Water Supply may continue to submit monthly water data on their own form, provided that the data are submitted in a format that is acceptable to the Commission staff.

92. Standard Condition 7 shall not apply.

93. Standard Condition 22 shall not apply.

94. Standard Condition lOis modified to exempt the permittee from monthly measurements of salinity and temperature.

95. This permit shall be subject to conditions providing for stream restoration if the Commission determines that additional water should be returned to the streams.

96. HECO 1 mgd for industrial use

97. Campbell Estate 1 mgd for municipal use through BWS, by separate agreement with HECO

98. BWS 1 mgd for municipal use.

99. The permit shall be subject to the Commission's sustainable yield review by <Insert Date>.

100. The applicant shall obtain the current version of the Department of Health's Guidelines Applicable to Golf Courses in Hawaii. Where relevant and viable, items of the guidelines should be implemented and sustained appropriately. To obtain the current version, contact the Safe Drinking Water Branch, Environmental Management Division at 808-586-4258 (Honolulu).

101. The future use portion of the application shall be deferred until existing uses in the Koolauloa area are established.

102. The water to be withdrawn under this permit shall be a total of 0.03 mgd (0.02 mgd preserved plus an additional 0.01 mgd permitted use), averaged annually, for domestic and irrigation use

103. Existing well 1851-09 shall be properly sealed by a licensed drilling contractor. A well modification permit application, enclosed, shall be submitted to the Department for approval of the well sealing. A filing fee for sealing the well will not be required.

o o

104. The permittee is required to test the source using a certified private laboratory and submit the test results to the Commission within three (3) months. The Commission will then forward the results to the Department of Health for their review. The Department of Health recommends that the well be routinely tested for microbiological and chemical parameters thereafter.

105. The permittee is required to submit a completed Registration of Well and Declaration of Water use by <Insert Date>.

106. The permitee shall contact the Department of Health for a written determination on the status of their water system and comply with any Department of Health requirements for monitoring and testing.

107. In the event that the original spring source decontaminates, the new well authorized will be shut down.

108. That within each aquifer the total permitted use shall not exceed the sustainable yield.

109. That any water.available for allocation shall be for in-district use.

110. That scheduled reductions to Oahu Sugar Co. permitted use shall be initiated upon final termination of an Osco lease or sub-lease, whichever occurs later.

111. That permits for water use issued in accordance with the proposed schedule shall be interim permits subject to review and adjustment by 1995.

112. That the permit shall be an interim permit for a new use which is afforded to existing users as specified in §13-171-20.

113. That the original allocation of 0.200 mgd shall be taken to hearing for possible revocation at a later date to complete the transfer of the water use permit entirely to Well No. 3407-02. This revocation would reduce the current allocation afforded to the Kunihiro Well (Well No. 3406-06) to zero.

114. This allocation incorporates the unspecified domestic needs of the applicant and therefore necessitates a single meter be installed at the well.

115. Should any impacts to nearby wells or streams be established by the use of this well, the applicant shall address these issues to the satisfaction of the Commission.

116. If an economically feasible nonpotable source is identified, the applicant shall convert to the alternative nonpotable source.

117. The permit shall be subject to the Chairperson's approval of a water use plan recommending possible measures to prevent or minimize saltwater contamination and establish courses of action to follow should the aquifer become to saline to use.

o o

118. Permittee shall provide the necessary end-use information on the 10th residence to allow regulation of the use under Chapter 174C.

119. Standard Conditions 10 & 18 shall not apply.

120. Standard Condition 10 is modified to exempt the permittee from the requirement to install a flowmeter. Salt water withdrawals may instead be estimated based on pumping capacity and run time.

121. The applicant shall review the existing year long period of pumpage and stramflow data and provide analysis on ground and surface water interaction. Deadline is January 25, 1994.

122. The water use permit for Well Nos. 2301-27 to -32 for 0.75 mgd (WUP No. 419) shall be revoked upon issuance of a pump installation permit for the well.

123. The permittee shall use mulching to.decrease evaporative losses and manage irrigation scheduling to minimize water demand.

124. The permittee shall submit a detailed agricultural plan to support any future water use permit application for increased agricultural use at this parcel.

125. If not already obtained, the permittee shall seek and obtain any necessary permits from the Department of Health for the proposed discharge to Malaekahana Stream.

126. Standard Condition 10 is modified to waive the requirement for installing a water meter on Well Nos. 2358-21,22, and 29. The permittee shall install a water meter on Well No. 2358-26 to measure total monthly flow through the discharge line. This quantity should then be assumed to be the rate of natural flow from the other three wells for monthly reporting purposes.

127. The permit shall be effective upon submittal of documentation by Navy that it has met the DOH requirements for a public system.

128. This WUP shall be subject to Army's application for a WUP to reduce the permitted use of the Army's Schofield Shaft (2901-02 to 04, 10) by 0.208 mgd to a new total of 5.648 mgd. The Army's application shall be submitted within 60 days after the approval of this WUP or this WUP shall be void. Approval of the modification request shall be obtained from the CWRM prior to use of Well No. 3100-02 and issuance of this WUP.

129. Navy shall submit an after-the-fact PIPA, and approval of the permit shall be obtained prior to use of the well.

130. The well shall not be used for drinking water purposes unless it is properly tested and treated.

o o 131. This permit is approved subject to reclaimed water becoming a practical alternative

and provided that the Department of Health approves the reuse application.

132. Should any opae ula be recovered in the well water, the permittee shall notify the Division of Aquatic Resources and provide specimens to the Division of Aquatic Resources for analysis.

133. If a single meter at the well is used, the Commission shall allow an additional 1,000 gallons per day to the water use permit amount for the domestic needs of two residences, although a permit for individual domestic consumption is not required. Otherwise, the applicant must provide a meter to separately measure the irrigation consumption.

134. This permit is approved under the requirement that conversion to either: 1) treated wastewater becoming available for reuse as an alternative supply source, provided that Department of Health concerns over the use of treated effluent over the potable water aquifer have been addressed; and/or 2) other nonpotable source becoming available will occur in a timely manner.

135. These permits shall be subject to a review of actual use within four years for possible modification of the permitted amount.

136. The permit shall be reviewed in two (2) years for possible additional revocation due to nonuse.

137. The allocation is based on the projects listed in Exhibit 5 (of Item 10 of the May 20, 1998 Staff Submittal), except for the Queen's Beach GC (TMK 139-11-2,3), Lot 9 (TMK 139-17-51), and Varsity Place (TMK 128-24-35).

138. Kamehameha Schools Bishop Estate/Honolulu Board of Water Supply shall transfer the water use permit within ninety (90) days of the effective date of the transfer of the pump station to the Honolulu Board of Water Supply, pursuant to §174C-59 Hawaii Revised Statutes.

139. The permittee shall ensure that the water is recycled by either directing it into the Waiahole Ditch for use by downstream farmers (subject to the approval of the Agribusiness Development Corporation's Board) or into Waikele Farm's existing irrigation system.

140. The permittee shall file a completed application to modify WUP No. 758 to reduce the allocation by 0.100 mgd within 60 days. If a completed water use permit modification application is not received within 60 days from this submittal's date, then the subject water use permit application (WUP A No. 767) shall be deemed denied without prejudice without the need for another hearing.

141. The water withdrawn shall be for municipal use. No improvements to the existing sources are required as the existing source capacities are greater than the increase.

• o 142. Water license must be determined through LM.

143. Proposed other uses will be considered at a later date.

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Dear Mr. Dunbar:

• " STATE OF HAWAII


P.o. BOX 621 HONOLULU, HAWAII 96809

October 12, 2006

Applicability of Water Use Pennit #222 for Puelelu-Kainalu Ranch Well (Well No. 0546-02)


MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA

CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D.

STEPHANIE A. WHALEN

DEAN A NAKANO ACTING DEPUTY DIRECTOR

Thank you for your inquiry concerning uses of the captioned water use pennit (issued June 28, 1994). The application for the pennit indicates proposed domestic use as well as the irrigation uses that predominate, while the letter announcing approval of your pennit states "Your use of the Puelelu Well .. .is limited to the irrigation uses described above" ("133 acres of pasture and 85 acres of various agricultural crops").

Please be advised .that individual domestic use is exempted from water use pennits, so that it was not mentioned in your approval letter. This means that a single individual domestic use allowed under your agriculture zoning may be served under this water use pennit.

If, however, the use changes - the property is subdivided or changed to a different zoning, resulting in multiple domestic uses on your existing agricultural parcel -- you would need to apply to modify your water use pennit prior to such new use.

If you have any questions, please contact Charley Ice of our staff at (808) 587-0251 or toll free from Molokai at 1-800-468-4644, extension 70251.

CI:ss

Sincerely,

Wf7H 1'L



Mr. Lance Dunbar Kainalu Ranch

• STATE OF HAWAII


P. O. BOX 621 HONOLUlU, HAWAII 96809

FEB 18 1997

Star Route Box 320 Kaunakakai, Hawaii 96748

Dear Mr. Dunbar:

Extension of Water Use Permit

MICHAEL D. WILSON CHAIRPERSON

ROBERT G. GIRALO DAVID A. NOBRIGA

LAWRENCE H. MilKE RICHARD H. COX

HERBERT M. RICHARD~ .. ~.

RAE M. lOUI. p.E. DEPUTY

In response to your request of February 4, 1997 to extend t~~ \Water Use Permit approved June 2, 1994, the Commission would not be anticipating taking action to revoke until four years of non-use. Placing your request on file records your intent to stay current with the existing permit.

Approval of the Water Use Permit required application for well modification and pump installation and the normal aquifer pump tests prior to work on the well and use of the water. These applications have not yet been filed; a form is enclosed for your use. We are also enclosing a copy of both the well completion report form and the pump test procedures, for your information.

If you have any questions, please call Charley Ice at 587-0251, or toll-free at 1-800-468-4644, extension 70251.

CI:ss Enclosures

Sincerely,

RAE M. LOUl Deputy Director

------ --~--- ~----~-

JOHNWAIHEE GOVERNOR OF HAWAII

Mr. William Dunbar Kainalu Ranch

• • STATE OF HAWAII



P.O. BOX 621

HONOUA.U. HAWAII 116808

JUN 28 1994

P.O. Box 320 Kaunakakai, HI 96748

Dear Mr. Dunbar:

Approval of Interim Water Use Permit Puelelu Well (Well No. 0546-02)



JOHN~. LEWIN. M.D. ROBERT S. NAKATA

J. DOUGlAS lNG, ESO. RICHARD H. COX, P.E.

ROBERT G. GIRAlD


On June 2, 1994, the Commission on Water Resource Management (Commission) approved your application for a future use of the Puelelu Well (Well No. 0546-02) to irrigate 133 acres of pasture and 85 acres of various agricultural crops.

Your use of the Puelelu Well may not exceed 202,000 gallons per day, on a 12-month moving average basis, and is limited to the irrigation uses described above. Should any impacts on streamflow result from your use of this well, a petition to amend the interim instream flow standards must be submitted to the Commission. Should any stream dewatering result, you must cease pumping immediately and notify the Commission


Please be sure to read the attached conditions of your interim water use permit. You are required to keep monthly records of your pumpage and to submit this information to the Commission once a month and you must do so on the enclosed water use report form. You should make copies of the enclosed report form as needed.

In addition, you are required to submit a water shortage plan to the Commission. Your water shortage plan should briefly describe what you are willing to do should the Commission declare a water shortage situation in the Waialua Ground Water Management Area and can be as short as a one page letter. In a water shortage situation, the

\

Mr. William Dunbar Page 2

• , JUN 28 1994

Commission may require temporary reductions in pump age from all sources. The Commission is required, by law, to formulate a plan to implement such area-wide reductions, which should accommodate, include, and be consistent with your plans. Therefore, your input is necessary for the formulation of the Commission's overall Water Shortage Plan.

LN:ko Attach.


Sincerely,

~~ Deputy Director

"'

o o State of Hawaii


Honolulu, Hawaii

June 2, 1994


Gentlemen:

Applicant:


Background

Kainalu Ranch Application for a Water Use Permit

Puelelu Well (Well No. 0546-02) Waialua Ground Water Management Area. Molokai

Landowner:

Same

The applicant submitted a completed water use permit application to the Commission on June 9, 1993. On September 15, 1993, the Commission determined that the plans for the proposed agricultural land development and future irrigation use were unclear and that additional information would be required to support the applicatipn. ~At the request of the applicant, action was deferred on September 15, 1993 and November 17, 1993.) On February 15, 1994, the applicant submitted his agricultural p~an. (Specific information regarding the source, use, notification, objections, and field investigation(s) are described in Attachment A and the attached exhibits)

Analysis & Issues

This application is for a future use of fresh water from an incomplete drilled well in the Waialua Aquifer System. Construction of the well was halted in 1989, and the two-year permit to construct has since been revoked. The applicant is aware that permits will be required to modify the well and install a pump and is in receipt of the appropriate appli~ation forms. l Although the application indicates that fresh water will be used, i~ is highly likely that marginally brackish to brackish water will be developed in the wellj

The water will be used for irrigation of 133 acres of pasture and 85 acres of various fruits, flowers, and trees. Based on the proposed farming plans, the U.S. Soil Conservation Service (SCS) has estimated the irrigation requirement is about 202,000 gallons per day (gpd). The SCS is working with the applicant to develop a conservation plan and implement appropriate conservation practices. Prior to installation of the planned practices, the SCS requires that all necessary permits be obtained. Work is expected to start once this process is complete.

By the following analysis, staff finds that this proposed use meets each of the seven (7) criteria set forth in HRS 174C-49(a) Conditions for a permit:

(1) Water availability - The estimated sustainable yield of the Waialua Aquifer System is 8 mgd. Virtually all of this remains available at this time. There are no other pending permit applications for this aquifer, and there are no existing or planned state or county water development projects. To date, only one permit has been

ITEM 7


granted for 215 gallons per day. From Table 1, there appears to be sufficient water available to meet the applicant's water needs.

TABLE 1.

Ouantity Waialua Aquifer fmggl System

8.0000 Sustainable Yield

-0.0002 Existing Allocation

0.0000 Other Pending Applications

8.0000 A vilil3bl~ AIIQ~3thm

(2) Reasonable-beneficial - The SCS has estimated the irrigation requirement for the 85 acres of citrus, pumpkin, flowers, and trees is about 127,000 gpd. This figure is based on average monthly crop consumptive use, pan evaporation, soil type, and moisture extraction depths. An additional 75,000 gpd will be needed for supplemental sprinkler irrigation for the 133-acre pasture. Because the conservation measures are expected to result in greater efficiency, these estimates are much lower than the Oahu Water Requirements Forecast and the county consumption guidelines would suggest.

(3) Interference with other existing legal uses - The Division of Aquatic Resources has commented that the Waialua and Honomuni Streams provide important habitat

4 for native amphidromous biota in their upper reaches. The Waialua Stream is roughly 3/4 miles to the east of the proposed well site, and the Honomuni Stream is about a mile to the west. However, given the proximity of the well to the ocean (Exhibit 1), it is unlikely that these streams-will be impacted by the proposed withdrawal at the well site. If any effect on streamflows result, a petition to amend the interim instream flow standard for the affected stream must be submitted. Should any dewatering occur due to the use of the well, pumping should cease immediately.

(4) Public interest - Use of water for agricultural purposes is considered to be in the public interest.

(5) State & county general plans and land use designations - This proposed use has been shown to be consistent with the state and county general plans and land use

- designations. No objections to this application were raised following review of this application by other divisions of the State Dept. of Land and Natural Resources and the County of Maui Dept. of Planning, Dept. of Water Supply, and Office of the Mayor.

(6) County land use plans and policies - This proposed use has been shown to be consistent with county land use plans and policies. No objections to this application were raised by the Office of the Mayor, County of MauL

(7) Interference with Hawaiian home lands rights - There are no homestead lands within or near the boundaries of the Waialua Aquifer System. The Dept. of Hawaiian Home Lands (DHHL) and the Office of Hawaiian Affairs have reviewed this application. No comments or objections have been raised.

The Final Report of the Molokai Working Group did not provide any specific recommendations for the Waialua Aquifer System. However, the following guidelines

2

" o o Chairperson and Members Commission on Water Resource Management June 2, 1994

were established for the Southeast Sector, which encompasses the Waialua Aquifer:




Currently, existing permits for the Southeast Sector show a total allocation of 0.51 mgd, or about 2 % of the Sector's estimated sustainable yield of 24 mgd. There are no fishponds or large-scale taro cultivation in the vicinity. Further, this use of water is

,'>:f consistent with a general recommendation of the Working Group that" ... agriculture will continue to be the economic and cultural 'heart' of Molokai". Staff finds that the proposed use does not appear to violate any of the recommendations made by the Molokai Working Group.

RECOMMENDATION

Attach.

Staff recommends:

That the Commission approve the issuance of an interim water use permit to Kainalu Ranch for the reasonable and beneficial use of 202,000 gallons per day of fresh water from the Puelelu Well (Well No. 0546-02) for agricultural irrigation use on 85 acres and for irrigation of a 133-acre pasture, subject to the standard water use permit conditions listed in Attachment B and the following special conditions:

c.

The applicant shall submit well modification and pump installation permit applications for administrative approval by the Ch-airperson, prior to beginning any work required to complete the well construction.

Should any impacts on streamflow result from the use of the well, a petition to amend the interim instream flow standards shall be submitted to the Commission.

fThe applicant may continue this use of water, within the limits approved by the\ lSommission, until such time that the Commission has acted on the filed petitio~

Should any stream dewatering result from the use of the well, pumping shall cease immediately.


Deputy Director


6±H~a~~ 3

\ \



Soyrce Information

AQUIFER: Sustainable Yield: Existing Water Use Permits: Available Allocation: Total of other pending allocations:


Elevations (msl = 0 ft.) Water Level: Ground: Bottom of Solid Casing: Bottom of Perforated: Bottom of Open Hole:


Pump Capacity

Told Depth

Use Information

r-

1'i7 .

I I I

'-

I I

r-

Waialua System, Southeast Sector, Molokai 8.000 mgd

<0.001 mgd -8.000 mgd

o mgd

Puelelu Well (Well No. 0546-02) Kainalu Ranch, Molokai, TMK:5-7-3:62

before 1982 10 in.

NA ft. 450 ft. -10 ft.

-NA ft. -20 ft.

470 ft. NA ft.

NAgpm

r-~

• , outed IlIrW _ ,

• 10 ter level

h. t. said c~

tv. I. per I. cosilg

h. I. open t.JIe

Quantity Requested: 202,000 gallons per day. Proposed Type of Water Use: Agricultural Irrigation of 85 acres and irrigation of

133-acre pasture Place of Water Use: Kainalu Ranch, Molokai at TMK: 5-7-3:62

Reported Water Usage: Nearby Similar Water Usage: Waialua Aquifer System Current 12-Month Moving Average Withdrawal:

ATTACHMENT A

NA gpd NA gpd

NA gpd



There are three other wells within a mile of the well (Exhibit 1). Only one of these wells is currently in use. Information from the registration program indicates there are possibly eight existing wells in the Waialua Aquifer System. However, no estimate of existing withdrawals from the Waialua Aquifer System is provided in the 1992 Draft of the Maui Water Use and Development Plan, Island of Molokai or the Final Report of the Molokai Working Group.

Public Notice

In accordance with HAR § 13-171-17, a public notice was published in the StarBulletin on July 9 & 16, 1993 and copies of the notice were sent to the Mayor's office and the Board of Water Supply. Additional notice copies were sent to the County Council and Department of Water Supply. Copies of the completed application were sent to the Department of Health, Department of Hawaiian Home Lands, Office of Hawaiian Affairs, Aquatic Resources & Historic Preservation Divisions of the Department of Land and Natural Resources, and other interested parties for comments. Written comments and objections to the proposed permit were to be submitted to the Commission by July 30, 1993.

Objections

The public notice specifies that an objector meet the following requirements: (1) state property or other interest in the matter; (2) set forth questions of procedure, fact, law, or policy, to which objections are taken; (3) state all grounds for objections to the proposed permits, (4) provide a copy of the objection letter(s) to the applicant, and (5) submit objections meeting the previous requirements to the Commission by July 30, 1993. No objections were filed with the Commission.

Briefs in SURR0rt

Responses to objections, or briefs in support, regarding the application are required to be filed with the Commission ten (10) days after an objection is filed and, presumably, copies are served to the applicant. No briefs in support were filed with the Commission.

Fjeld Investigation

The water source and existing use was investigated on November 20, 1992. The investigation verified the applicants request for water use permit.

ATTACHMENT A

; -, . o o Chairperson and Members Commission on Water Resource Management June 2, 1994

WVP'a1: iii, ..... STANDARD WATER USE PERMIT CONDITIONS

1. The ground water described in the water use permit may only be taken from the location described, used for the reasonable-beneficial use described, and at the location described above and in the attachments. Reasonable-beneficial use means "the use of water in such a quantity as is necessary for economic and efficient utilization, for a purpose, and in a manner which is not wasteful and is both reasonable and consistent with the state and county land use plans and the public interest." (HAR §13-171-2).


3. The water use must at all times meet the requirements set forth in HAR § 13-171-13 which means that it:

a. Can be accommodated with the available water source; b. Is a reasonable-beneficial use as defined in section §13-171-2; c. Will not interfere with any existing legal use of water; d. Is consistent with the public interest; e. Is consistent with state and county general plans and land use designations; f. Is consistent with county land use plans and policies; and g. Will not interfere with the rights of the Department of Hawaiian Home Lands as

provided in section 221 of the Hawaiian Homes Commission Act and 174C-101(a), HRS.

4. The ground water use approved must not interfere with surface or ground water rights or reservations.

5. The ground water use approved must not interfere with interim or permanent instream flow standards or policies as determined by the Commission. If it does, then:



6. The water use permit is subject to the requirements of the Hawaiian Homes Commission Act, as amended, if applicable.

7. The water use permit application and staff submittal approved by the Commission at its June 2, 1994 meeting are incorporated into the permit by reference.

8. Any modification of the permit terms, conditions, or uses can only be made with the express written consent of the Commission on Water Resource Management.

9. The water use permit may be modified by the Commission and the amount of water initially granted to the permittee may be reduced if the Commission determines it is necessary to:

a. Protect water sources in quantity, quality, or both; b. Meet other legal obligations including other correlative rights; c. Insure adequate conservation measures; d. Require efficiency of water uses; e. Reserve water for future uses, provided that all legal existing uses of water as of

June 1987, shall be protected; f. Meet legal obligations to the Department of Hawaiian Homes, if applicable; or g. Carry out such other necessary and proper exercise of the State's and the

ATTACHMENT B


Commissions's police powers under law as may be required.

Prior to any reduction, the Commission shall give notice of its proposed action to the permittee and provide the permittee an opportunity to be heard.

10. If the ground water source does not presently exist, the new well shall be completed, i.e. able to withdraw water for the proposed use on a regular basis, within twenty-four (24) months from the date the water use permit is approved.

11. An approved flowmeter(s) must be installed to measure withdrawals and a monthly record of withdrawals, water-levels, salinity, and temperature must be kept and reported to the Commission on a monthly basis in accordance the Commission's September 16, 1992 action on reporting requirements;

12. The water use permit shall be subject to the Commission's periodic review of the applicable aquifer's sustainable yield. The amount of ground water use authorized by the permit may be reduced by the Commission if the sustainable yield of the Waialua Aquifer System, or relevant modified aquifer, is reduced;

13. The water use permit may not be transferred or the use rights granted by this permit sold or in any other way alienated. Pursuant to HAR § 13-171-25 and the requirements of Chapter 174C, the Commission has the authority to allow the transfer of the permit and the use rights granted by the permit in a manner consistent with HAR § 13-171-25. Any such transfer shall only occur with the Commission's prior express written approval. Any sale, assignment, lease, alienation, or other transfer of any interest in this permit shall be void.

14. The use(s) authorized by law and by the water use permit do not constitute ownership rights.

15. The permittee shall comply with all applicable laws, rules, ordinances, and other agencies' permits and conditions pertaining to water use or' the water resource.

16. The permittee shall prepare and submit a water shortage plan within 30 days of issuance of the permit to assist the Commission in fulfilling HAR §13-171-42(c). The permittee's water shortage plan shall identify what the permittee is willing to do should the Commission declare a water shortage in the Waialua Ground Water Management Area.

17. The water use permit granted shall be an interim water use permit, pursuant to HAR § 13-171-21. The final determination of the water use quantity shall be made within five years of the filing of the application to continue the existing use.

18. The water use permit shall be issued only after AG review.

19. The water use permit shall be subject to the Commission's establishment of instream standards and policies to Stream Protection and Management (SPAM), as well as legislative mandates to protect stream resources.

A IT ACHMENT B

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