133
\ i, LINDA LINGLE GOVERNOR OF HAWAII William A. Lydgate P. O. Box 68 Kapaa, Hawaii 96746 Dear Mr. Lydgate: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P,O, BOX 621 HONOLULU. HAWAII 96809 Dry Gulch Flats Well (Well No. 0521-10) Petition to Amend the Interim Instream Flow Standards Streams in the Waikaea Surface-Water Hydrologic Unit Kapaa, Kauai (TMK: (4) 4-4-004:028) PETER T. YOUNG CHAIRPERSON 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 AC'1'WG DEPUTY DIRECTOR July 19,2006 Ref.: SCAP(IIFS)-KA-396 On July 12,2006, the Commission on Water Resource Management (Commission) approved your Petition to Amend the Interim Instream Flow Standard (SCAP(lJFS)-KA-396) for streams in the Waikaea Surface-Water Hydrologic Unit, Kapaa, Kauai (TMK: (4) 4-4-004:028), for domestic use and residential landscaping and for fire protection. The July 12, 2006 staff submittal, as amended at the meeting, is enclosed for your information and files. The approval included: 1. That the Commission approve the petition to amend the Interim Instream Flow Standard for streams in the Waikaea Surface-Water Hydrologic Unit, to use water from Dry Gulch Flats Well (Well No. 0521-10), to install up to a 250 gpm pump in the well for domestic use and residential landscaping, and for fire protection for four residential dwellings at TMK: (4) 4-4-004:028, Hauiki Road, Kapaa, Kauai. 2. That the Interim Instream Flow Standard for all streams on Kauai, as adopted by the Commission on June 15, 1988, be amended to include for the Waikaea Surface-Water Hydrologic Unit, at TMK: (4) 4-4-004:028, that the applicant maY'pump from Well No. 0521-10, up to 10,000 gpd, for domestic use and residential landscaping, and up to gpd for fire protection. The amendment to the interim in stream flow standard shall be subject to the conditions for interim instream flow standard amendments in Exhibit 4. Please review the conditions of approval for SCAP(IIFS)-KA-396. If they are acceptable to you, please sign both originals of the petition, retain one copy for your files, and return the other copy to the Chairperson. If you have any questions, please contact Ed Sakoda of the Commission staff at (808) 587-0234 or toll- free from Kauai at 274-3141 + 70234. Enclosure

 · i, \ LINDA LINGLE GOVERNOR OF HAWAII William A. Lydgate P. O. Box 68 Kapaa, Hawaii 96746 Dear Mr. Lydgate: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION

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i, LINDA LINGLE GOVERNOR OF HAWAII

William A. Lydgate P. O. Box 68 Kapaa, Hawaii 96746

Dear Mr. Lydgate:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P,O, BOX 621

HONOLULU. HAWAII 96809

Dry Gulch Flats Well (Well No. 0521-10) Petition to Amend the Interim Instream Flow Standards Streams in the Waikaea Surface-Water Hydrologic Unit

Kapaa, Kauai (TMK: (4) 4-4-004:028)

PETER T. YOUNG CHAIRPERSON

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 AC'1'WG DEPUTY DIRECTOR

July 19,2006

Ref.: SCAP(IIFS)-KA-396

On July 12,2006, the Commission on Water Resource Management (Commission) approved your Petition to Amend the Interim Instream Flow Standard (SCAP(lJFS)-KA-396) for streams in the Waikaea Surface-Water Hydrologic Unit, Kapaa, Kauai (TMK: (4) 4-4-004:028), for domestic use and residential landscaping and for fire protection. The July 12, 2006 staff submittal, as amended at the meeting, is enclosed for your information and files.

The approval included:

1. That the Commission approve the petition to amend the Interim Instream Flow Standard for streams in the Waikaea Surface-Water Hydrologic Unit, to use water from Dry Gulch Flats Well (Well No. 0521-10), to install up to a 250 gpm pump in the well for domestic use and residential landscaping, and for fire protection for four residential dwellings at TMK: (4) 4-4-004:028, Hauiki Road, Kapaa, Kauai.

2. That the Interim Instream Flow Standard for all streams on Kauai, as adopted by the Commission on June 15, 1988, be amended to include for the Waikaea Surface-Water Hydrologic Unit, at TMK: (4) 4-4-004:028, that the applicant maY'pump from Well No. 0521-10, up to 10,000 gpd, for domestic use and residential landscaping, and up to 360~000 gpd for fire protection. The amendment to the interim in stream flow standard shall be subject to the conditions for interim instream flow standard amendments in Exhibit 4.

Please review the conditions of approval for SCAP(IIFS)-KA-396. If they are acceptable to you, please sign both originals of the petition, retain one copy for your files, and return the other copy to the Chairperson.

If you have any questions, please contact Ed Sakoda of the Commission staff at (808) 587-0234 or toll­free from Kauai at 274-3141 + 70234.

Enclosure

-'. SCAP(lIFS)-KA-396

Petition to Amend the Interim Instream Flow Standard

PETITIONER: William A. Lydgate STREAMS: Waikaea (also Kainahola) and Konohiki Streams, Kapaa, Hawaii

WAIKAEA SURFACE-WATER HYDROLOGIC UNIT PROJECT: Dry Gulch Flats Well (Well No. 0521-10) TMK: TMK: (4) 4-4-004:028

The Commission approved the petition to amend the Interim Instream Flow Standard for streams in the Waikaea Surface-Water Hydrologic Unit, to use water from Dry Gulch Flats Well (Well No. 0521-10), to install up to a 250 gpm pump in the well for domestic use and residential landscaping, and for fire protection for four residential dwellings at TMK.: (4) 4-4-004:028, Hauiki Road, Kapaa, Kauai.

The Interim Instream Flow Standard for all streams on Kauai, as adopted by the Commission on June 15, 1988, is amended to include for the Waikaea Hydrologic Unit, at TMK.: (4) 4-4-004:028, that the applicant may pump from Well No. 0521-10, up to 10,000 gpd, for domestic use and residential landscaping, and up to 360,000 gpd, at the pumping rate of250 gpm, for fire protection: The amendment to the interim in stream flow standard shall be subject to the conditions for interim in stream flow standard amendments following.

CONDITIONS FOR INTERIM INSTREAM FLOW STANDARD AMENDMENTS (from EXHIBIT 4) The petitioner is hereby granted an amendment to the interim instream flow standard subject to toe following conditions:

I. The petitioner acknowledges that the use of stream waters for its project shall be subject to the rights and interests of others, as may be determined by Hawaii Law including but not limited to the rights established in Section 221 of the Hawaiian Homes Commission Act, and Hawaii Revised Statutes §174C-101.

2. The Commission reserves the right to establish, in the future, permanent instream flow standards that mayor may not supersede the interim in stream flow standard amended by the Commission for this project.

3. The 'surface water use here must not interfere with interim or permanent instream flow standards. Ifit 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.

4. The Interim Instream Flow Standard petition and submittal, as may be amended, approved by the Commission at its July 12, 2006 meeting are incorporated into this petition by reference.

5. An approved totalizing flow meter shall be installed to measure withdrawals from the well and a record of withdrawals shall be reported to the Commission on Water Resource Management on forms provided by the Commission on a monthly basis, unless otherwise determined by the Chairperson.

6. The use authorized by law and by this amendment does not constitute ownership rights.

7. The petitioner shall request modification of the amendment as necessary to comply with all applicable laws, rules, and ordinances, which will affect the petitioner's water use.

8. This amendment shall be subject to the Commission's establishment of in stream standards and policies relating to the Stream Protection and Management (SPAM).program, as well as legislative mandates to prot ct stream resources.

9.

DATE OF APPROVAL: July 12, 2006

I have read the conditions and terms of this petition and understand them. I accept d e to meet these conditions as a prerequisite and underlying condition of my ability to proceed. I also understand that non- pliance with any petition condition may be grounds for revocation and fines up to $5000 per day starting from the approval date of this petition.

ACCEPTED:

Date: ___________ :...-_

William A. Lydgate

Please sign both copies of this petition, return one copy to the Chairperson, and retain the other copy for your records.

c Minutes

APPROVAL OF MINUTES

1. May 24, 2006

MOTION: (Frazier/Ching) To approve the minutes as circulated. UNANIMOUSLY APPROVED

June 21, 2006

MOTION: (FrazierlMiike) To approve minutes as circulated UNANIMOUSL Y APPROVED

B. ANNOUNCEMENTS

Q

July 12,2006

Dean Nakano, Acting Deputy Director stated that Sandwich Isles Communications requested consideration of moving Item C3 to follow Item C 1.

E. STREAM PROTECTION AND MANAGEMENT

1. Mr. William A. Lydgate, Dry Gulch Flats Well (Well No. 0521-10), Petition to Amend the Interim Instream Flow Standards, Streams in the Waikaea Surface­Water Hydrologic Unit, Kapaa, Kauai (TMK: (4) 4-4-004:028)

Presentation of Submittal: Ed Sakoda

RECOMMENDA nON:

1. That the Commission approve the petition to amend the Interim Instream Flow Standard for streams in the Waikaea Surface-Water Hydrologic Unit, to use water from Dry Gulch Flats Well (Well No. 0521-10), to install up to a 250 gpm pump in the well and use approximately 60 gpm for domestic use and residential landscaping, and up to 250 gpm for fire protection for four residential dwellings at TMK: (4) 4-4-004:028, Hauiki Road, Kapaa, Kauai.

2. That the Interim Instream Flow Standard for all streams on Kauai, as adopted by the Commission on June 15, 1988, be amended to include for the Waikaea Hydrologic Unit, at TMK: (4) 4-4-004:028, that the applicant may pump from Well No. 0521-10, up to 86,400 gpd, at the pumping rate of rate of 60 gpm, for domestic use and residential landscaping, and up to 360,000 gpd, at the pumping rate of 250 gpm, for fire protection. The amendment to the interim instream flow standard shall be subject to the conditions for interim instream flow standard amendments in Exhibit 4.

2

c -. Minutes July 12, 2006

(Note: Installation of an approved flow meter is a standard condition of the Pump Installation Permits, and is a condition of this IIFS amendment)

DISCUSSION:

There are two streams located near the well that flow into the Waikaea Canal. The pump test indicated that a recharge boundary was hit. Mr. Sakoda stated that staff is therefore asking the applicant to submit a petition to amend the interim instream flow standards.

Mr. Sakoda explained the conflict between two public trust purposes: 1) domestic use, particularly drinking water and 2) resource protection. He also stated that the pumping from the well might affect surface or ground water resources.

Commissioner Whalen stated that the standard average household for a single-family dwelling that includes landscaping is 700 gallons per day times 4 homes would be 2,800 gallons. Commissioner Whalen has a problem with that.

Mr. Sakoda stated that the occupants would not use the entire 86,400 gpd at the pumping rate of 60 gpm. He stated that was the pump capacity to run the system so that was what was allotted to them.

Commissioner Whalen then asked whose decision it was to put in the 60 gpm?

Mr. Sakoda stated that was in the original design.

Commissioner Whalen asked if it was the Commission responsibility to approve that.

Mr. Sakoda answered that was correct.

Commissioner Whalen then asked about the rainfall in this area. She also asked if we could restrict the water to less that what was designated.

Mr. Sakoda stated that the cumulative effect of many small uses could be detrimental to the water resources in the future.

Acting Deputy Director Dean Nakano addressed Commissioner Whalen's concerns. The 250 capacity pump was the requirement of the county for fire protection and that her questions applies to areas where the Commission has more regulatory oversight in water management areas. Being that Kauai is not a water management area, the only oversight with respect to the well construction and pump installation is what is being applied for, in this case 60 gpm. Mr. Nakano stated that the best we could do at this time is to address this and see that there is no impact to the stream from the IFS perspective. Mr. Nakano stated that their requested use is for less than the 250 gpm pump can provide.

3

-Minutes July 12, 2006

Commissioner Miike stated that we do have a control and that's the IIFS. We can set it at whatever we want to. We can't say how much we're going to allow on the well because we don't have water use permit authority. Commissioner Miike also stated that 60 gpm is now a fictitious number because the pump is 250 gpm. Commissioner Miike suggested an amendment of the IIFS to the amount of 5-10 thousand gpd. He states that 86,000 gpd is out of hand.

Mr. Sakoda asked if they want to amend the 86,000 gpd to a lesser number for the IFS.

Commissioner Miike stated that it would be hard to show the correct amount because of the boundary issues.

Mr. Nakano stated that we are in effect establishing an allocation based on the IIFS amendment.

Chairman Young stated that in the unfortunate event where a fire may occur and they exceed their quota, there will be an explanation.

Mr. Sakoda stated that he would allow for more water because of the size of the lots.

Ten thousand gallons per day was the amount agreed upon by the Commission.

Dr. Jonathan Scheuer commented that he did not see in the submittal any estimation of how much water comes into the streams that will be affected. He stated that we must qualify what is a small use and cannot make an assessment unless we know what we are affecting. With a small stream, the effect will be greater than with a large stream. His last comment would concern monitoring of what the applicant reports in terms of what they are pumping but no tracking of what the effect is on the stream.

Commissioner Miike stated that he didn't think that any stream monitoring will pick this up as this is within the margin of error. The other safeguard is that if the well cannot pump more than 10,000 gpd it probably won't reach the zone because the zone was being reached when it was 250 gallons per minute.

Chairman Young stated that it was not clear if the withdrawal affects one stream or more than one stream.

Dr. Scheuer stated that his primary concern is not so much with this application but with other well permits that would be affecting streams in the future.

Commissioner Whalen moved that we accept staff s recommendation with the amendments that have been made to the 10,000 gpd.

Commissioner Ching asked for clarification asking if it was for number one and two?

4

-Minutes July 12,2006

Chairman Young stated that we don't have a second and asked ifin number one, do we leave the 60 gpm in?

Mr. Sakoda stated that we didn't have to.

Acting Deputy Director Nakano stated that he believes that we could say that, "to install up to a 250 gpm pump in the well for domestic and residential landscaping, and for fire protection," and recommended the following:

AMENDED RECOMMENDA nON:

1. That the Commission approve the petition to amend the Interim Instream Flow Standard for streams in the Waikaea Surface-Water Hydrologic Unit, to use water from Dry Gulch Flats Well (Well No. 0521-10), to install up to a 250 gpm pump in the well and use approximately 60 gpm for domestic use and residential landscaping, and up to 250 gpm for fire protection for four residential dwellings at TMK: (4) 4-4-004:028, Hauiki Road, Kapaa, Kauai.

2. That the Interim Instream Flow Standard for all streams on Kauai, as adopted by the Commission on June 15, 1988, be amended to include for the Waikaea Hydrologic Unit, at TMK: (4) 4-4-004:028, that the applicant may pump from Well No. 0521-10, up to 10,000 86,400 gpd, at the pumping rate of rate of 60 gpm, for domestic use and residential landscaping, and up to 360,000 gpd, at the pumping rate of 250 gpm, for fire protection. The amendment to the interim instream flow standard shall be subject to the conditions for interim instream flow standard amendments in Exhibit 4

MOTION: (Whalen/Miike) Approve as amended by staff UNANIMOUSLY APPROVED

C. GROUND WATER REGULATION

1. Mark Hamamoto, APPLICATION FOR A WATER USE PERMIT, Hamamoto-2006 Well (Well No. 3306-16), TMK 6-6-28:22, WUP No. 766, New (Domestic And Agriculture) Use for 0.015 mgd, Mokuleia Ground Water Management Area, Oahu

Presentation of Submittal: Lenore Nakama

RECOMMENDATION:

5

LINDA LINGLE GOVERNOR OF HAWAII

c

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.o. BOX 621

HONOLULU, HAWAII 96809

AGENDA FOR THE MEETING OF THE

COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: TIME: PLACE:

July 12,2006 9:00 am Kalanimoku Building Conference Room 132 1151 Punchbowl Street Honolulu, Hawaii 96813

PETER T. YOUNG CHAIRPERSON

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

A. APPROVAL OF MINUTES

1. May 24, 2006 2. June 21, 2006

B. ANNOUNCEMENTS

C. GROUND WATER REGULATION

1. Mark Hamamoto, APPLICATION FOR A WATER USE PERMIT, Hamamoto -2006 Well (Well No. 3306-16), TMK 6-6-28:22, WUP No. 766, New (Domestic and Agriculture) Use for 0.015 mgd, Mokuleia Ground Water Management Area, Oahu

2. CONVERSION OF INTERIM WATER USE PERMITS FOR NEW IRRIGATION USES TO PERMANENT WATER USE PERMITS, Puuloa and Kapolei Ground Water Management Areas, Oahu

Hawaii Prince GolfClublHawaii Prince Hotel Waikiki Corp., Well Nos. 1900-02, 1900-17 to 20, 1901-03, WUP No. 469, 0.301 mgd, TMK 9-1-10:6

Haseko (Ewa), Inc., Well Nos. 1901-06, 1902-01, 1902-09 to 11, WUP No. 650, 3.300 mgd, TMK 9-1-12:5

Department of Parks and Recreation, Well No. 2001-03, WUP No. 167,0.030 mgd, TMK 9-1-61:35

Palm Court Association, Well No. 2002-12, WUP No. 169,0.040 mgd, TMK 9-1-61:22

Palm Villa II Association, Well No. 2001-08, WUP No. 168,0.048 mgd, TMK 9-1-61:27

11 t h, /- ! 1-;· I "..,-1 ,~ _ J J

Agenda

o July 12,2006

Arbors Association, Well No. 2001-07, WUP No. 171,0.063 mgd, TMK 9-1-61:32

U.S. Fish & Wildlife, Well No. 2101-14, WUP No. 247, 0.216 mgd, TMK 9-1-17:12

Gentry Development Co., Well No. 2001-04, WUP No. 302, 0.040 mgd, TMK 9-1-61 :7

Gentry Development Co., Well No. 2001-09, WUP NO. 344,0.023 mgd, TMK 9-1-61 :2

Ewa by Gentry Community Association, Well No. 2001-05, WUP No. 450, 0.066 mgd, TMK 9-1-70:132

Gentry Homes, Ltd., Well No. 2001-12, WUP No. 504,0.249 mgd, TMK 9-1-102:31 .

Gentry Homes, Ltd., Well No. 1901-05, WUP No. 505,0.056 mgd, TMK 9-1-69:8

U.S. DOCINOAAlNWS, Well No. 1900-23, WUP No. 501, 0.023 mgd, TMK 9-1-1: 1

Coral Creek Golf, Inc., Well No. 2002-17, WUP No. 577, 0.498 mgd, TMK 9-1-69:10

Coral Creek Golf, Inc., Well No. 2001-13, WUP No. 578, 0.800 mgd, TMK 9-1-69:10

Coral Creek Golf, Inc., Well Nos. 2001-14, 2002-15,17,19, WUP No. 579, 0.892 mgd, TMK 9-1-69:10&11, 9-1-61:54

AOAO SuncrestiThe ShoreslLombard Way/Avalon, Well No. 2001-10, WUP No. 629,0.022 mgd, TMK 9-1-10:17

State Housing Community Development Corporation of Hawaii, Well Nos. 2003-04,07, WUP No. 432, 0.494 mgd, TMK 9-1-16:25

State Housing Community Development Corporation of Hawaii, Well Nos. 2003-08, WUP No. 520,0.237 mgd, TMK 9-1-16:108

Kapolei People's Inc., Well Nos. 2003-01,02,05, WUP No. 438, 1.000 mgd, TMK 9-1-16:25

Honolulu Board of Water Supply, Well Nos. 1905-08,10, WUP No. 740, 0.302 mgd, TMK 9-1-16:1

3. Sandwich Isles Communications, APPLICATION FOR A WATER USE PERMIT, SIC-Ol Well (Well No. 2801-03), TMK 9-5-002:003, WUP No. 765, New (Agriculture and Landscape Irrigation) Use for 0.470 mgd, Wahiawa Ground Water Management Area, Oahu

c Agenda July 12, 2006

E. STREAM PROTECTION AND MANAGEMENT

1. Mr. William A. Lydgate, Dry Gulch Flats Well (Well No. 0521-10), Petition to Amend the Interim Instream Flow Standards, Streams in the Waikaea Surface­Water Hydrologic Unit, Kapaa, Kauai (TMK: (4) 4-4-004:028)

G. NON-ACTION ITEMS

1. Rainfall Index Update Presentation by Dr. Pao Shin Chu, State Climatologist, University of Hawaii, Department of Meteorology

H. NEXT COMMISSION MEETINGS (TENTATIVE)

1. August 16, 2006 2. September 20, 2006

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 (H.A.R.) Section 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. H.A.R. Section 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. H.A.R. Chapter 13-167.

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) 1-800-GOV-INHI ext. 70214 or 587-0214 at least three days in advance ot the public hearing or meeting to indicate if they have special needs which require accommodation.

-.

LINDA LINGLE GOVERNOR OF KAWAII

APPLICANT:

William A. Lydgate P. O. Box 68 Kapaa, Hawaii 96746

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU. HAWAII 96809

STAFF SUBMITTAL

for the meeting of the COMMISSION ON WATER RESOURCE MANAGEMENT

July 12,2006 Honolulu, Hawaii

Mr. William A. Lydgate Dry Gulch Flats Well (Well No. 0521-10)

Petition to Amend the Interim Instream Flow Standards Streams in the Waikaea Surface-Water Hydrologic Unit

Kapaa, Kauai CTMK: (4) 4-4-004:028)

LANDOWNER:

William A. Lydgate

SUMMARY OF REQUEST:

PETER T. YOUNG CHAtRPERSON

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

The applicant is petitioning to amend the Interim Instream Flow Standards (lIFS) for streams in the Waikaea Surface-Water Hydrologic Unit, near Hauiki Road, Kapaa, Kauai, to use water from Dry Gulch Flats Well for domestic uses and fire flow demand requirements at four residential dwellings (Condominium Property Regime). The applicant is required to petition to amend the IIFS because pumping the well may affect streamflow in the Hydrologic Unit.

LOCATION:

Exhibit I.

BACKGROUND:

January 28, 2005 - staff received a completed Well ConstructionlPump Installation permit application for the Dry Gulch Flats Well (Well No. 0521-10).

February 23,2005 - date of approval ofthe Well Construction Permit to Oasis Water Systems.

May 27,2005 - staff received a telephone message that a new driller will be selected to drill the well.

I TEtvl E-1

"

c Staff Submittal July 12, 2006

May 31, 2005 - a letter was sent to Mr. Lydgate from the Commission notifying him of the process to transfer the Well Construction Permit to another driller.

July 13,2005 - date of approval of the Well Construction Permit and Pump Installation Permit to Valley Well Drilling.

December 14, 2005 -letter to Valley Well Drilling from the Commission regarding Kauai Department of Water's requirement of a 250 gallons per minute (gpm) pump capacity for the well for fire protection purposes.

March 16,2006 - the Well Completion Report Part 1 was submitted along with the results of the required pumping tests.

April 18, 2006 - letter to Mr. Lydgate from the Commission notifying him of the following:

"The pump test indicates that a recharge boundary was hit. There are two streams in the immediate vicinity of the well. Before we are able to issue a certificate of pump installation completion, which allows you to commence pumping the well for production purposes, a successful petition to amend the interim instream flow standard for the affected stream must be made. We have attached a copy ofthe appropriate forms."

June 14,2006 - Certificate of Well Construction Completion for Well No. 0521-10 issued to Mr. Lydgate.

May 2, 2006 - Petition to Amend the Interim Instream Flow Standard for Dry Gulch Flats Well (Well No. 0521-10) submitted to the Commission.

DISCUSSION/ISSUES:

The project is located in the Waikaea Surface-Water Hydrologic Unit (2039)(Exhibit 2). Two streams, Waikaea (also named Kainahola Stream on the TMK) and Konohiki, meet near the town of Kapaa, and flow into the Waikaea Canal.

The applicant owns property at TMK: (4) 4-4-004:028 within the Waikaea Hydrologic Unit, and has drilled a well on his property. The well will be used to provide water for four residential dwellings and for fire flow demands. The applicant originally proposed a pumping rate of 60 gpm, but was required to install a 250 gpm pump to provide for fire protection. The applicant has stated in a letter, dated April 27, 2006 (Exhibit 3), that "this well is built to serve four, and only four, residential dwellings in a completed Condominium Property Regime (CPR) Project of Kauai. No commercial use of the well is permitted. No agricultural use, outside of residential landscaping for four dwellings is contemplated."

The results of the long-term test pump indicated that a recharge boundary was encountered. When a well is pumped, water levels around the well gradually decline. Ideally the area of declining water levels is shaped like a cone so it is often referred to as a cone of depression. The cone of depression increases in size with time. When the cone of depression extends to a stream or other source of surface water, such as a reservoir or ditch, or from a more permeable part of the same ground-water aquifer, water from this other source may start flowing towards the well. This is an example of a recharge boundary. The Dry Gulch Well appeared to have hit a recharge boundary about ~OO minutes into the test.

2

Staff Submittal July 12,2006

When there is a known relationship between ground water and surface water in an aquifer, we assume that pumping ground water from a well in the aquifer will affect the surface water to some degree, depending on the relationship. For instance, in the Waiahole Ditch Contested Case Hearing, it was established that there is essentially a one-to-one relationship between ground water and surface water. Therefore, in that situation, we assume that developing say a million gallons per day of ground water from a tunnel (essentially a well) in the area will diminish stream flow in the area by a million gallons per day. Another case of essentially a one-to-one relationship between ground and surface water is in Waikolu Valley, Molokai that has a dike-complex situation similar to that found in the Waiahole area.

The well is located approximately 1,200 feet south of Upper Kapahi Reservoir, 600 feet south ofWaikaea Stream, 150 feet northeast of an irrigation ditch that diverts water from Waikaea Stream, and 2,200 feet from the closest tributary ofKonohiki Stream to the southwest.

The Commission's Registration of Stream Diversion Works and Declaration of Water Use database indicates there is one diversion on Kainahola Stream, and one diversion that appears to be on Konohiki Stream (the Declaration was incomplete). Both were registered in May 1989. The first diversion is a two-inch pump that takes water from Kainahola Stream during dry periods when ditch water is unavailable. The water is used to irrigate pasture and vegetable crops. The second diversion appears to take water from Konohiki Stream via a pump, for pasture, crop, and landscape irrigation and for livestock. The first diversion is about half a mile downstream from the well. The second diversion is about a mile away and on a different branch of the stream system.

The Division of Aquatic Resources (DAR) data base indicates that no surveys have been conducted in the Waikaea Hydrologic Unit using the point quadrat methodology.

The Hawaii Stream Assessment (HSA) identifies Waikaea Canal as a perennial stream and Konohiki Stream as a tributary to Waikaea Canal. The Aquatic Ranking determined by the HSA Aquatic Resources Committee was "Unknown." An aquatic survey in 1978 indicated an abundance of opae (Atya bisu1cata) in Waikaea Stream and the possible presence of oopu hiukole (Lentipes concolor) in Konohiki Stream. The introduced Tahitian prawn and swordtail were present to common in Waikaea Stream.

ANALYSIS:

Correlative Rights: The applicant has the correlative right to use the water from his well, on his property, for a reasonable-beneficial use. The use of water for residential dwellings may be considered a reasonable-beneficial use.

Domestic Use: The Hawaii Supreme Court, in the Waiahole Decision of August 22,2000, stated the following concerning domestic use.

"Whether under riparian or prior appropriation systems, common law or statute, states have uniformly recognized domestic uses, particularly drinking, as among the highest uses of water resources."

"Accordingly, we recognize domestic water use as a pUIpose of the state water resources trust."

Resource Protection: During the pump test of the well, a boundary was reached that indicates pumping from the well may affect surface water (streams, reservoirs, or ditches) or ground water (more permeable

3

11

o Staff Submittal July 12,2006

portions of ground-water aquifers) in the area. There are streams, reservoirs, and ditches in the area. We do not have much information concerning the aquifer characteristics in the area. The Hawaii· Supreme Court, in the Waiahole Decision of August 22,2000, stated, "[T]his court has likewise acknowledged resource protection, with its numerous derivative public uses, benefits, and values, as an important underlying purpose of the reserved water resources trust." To err on the side of caution, we assume there is some effect on the surface-water and ground-water resources in the Hydrologic Unit. Therefore, the applicant was asked to submit a petition to amend the interim in stream flow standard.

Establishing an Interim Instream Flow Standard. Section 1 74C-7 1 (2)(D) states:

"In considering a petition to adopt an interim instream flow standard, the commission shall weigh the importance of the present or potential instream values with the importance of the present or potential uses of water for noninstream purposes, including the economic impact of restricting such uses."

The Commission must consider and weigh the following:

1) The applicant has the correlative right to drill a well on his property and use the water for a reasonable-beneficial use;

2) The domestic use proposed by the applicant is a recognized public trust purpose; 3) Pumping of the well may adversely affect surface-water and/or ground-water natural resources,

which are also considered public trust purposes; 4) In the Waikaea Hydrologic Unit, the relationship between ground water and surface water is

unknown. The pump test indicates there may be a relationship, but we do not have enough information to determine what that relationship is. We cannot determine from the available data whether the recharge comes from a surface-water source or a ground-water source;

5) The Aquatic Ranking of "Unknown" for Waikaea Canal in the HSA is due to the lack of information, especially for the upper reaches of the Hydrologic Unit. The lack of aquatic surveys can probably be attributed to the history of diversions, ditches, and reservoirs that crisscross the area dating back to the cultivation of sugar cane in the area, making it unlikely to have a high Aquatic Ranking;

6) The abundance of opae in Waikaea Stream and the possible presence of lentipes concolor in Konohiki Stream in 1978 indicate possible good aquatic habitat;

7) The proposed amount of use of water is relatively small: 60 gpm, or 86,400 gallons per day (gpd), or 0.086 million gallons per day (mgd). Only in case of a fire would the pumping increase up to 250 gpm, or 360,000 gpd, or 0.36 mgd.

8) The proposed amount of use is small, but what about the cumulative effect of many such small uses in the future?

There is a conflict between two public trust purposes in this action: 1) domestic use, particularly drinking water, considered "among the highest uses of water resources," and 2) resource protection. The pump test indicates there may be a relationship between the ground water and the surface water in the area. However, the nature of the relationship is unknown. The quality of the biological resources in the area is generally unknown, though a 1978 survey indicated the presence oflentipes concolor in Konohiki Stream. The abundance of ditch systems and reservoirs in the area reduces the likelihood of favorable habitat. Although the proposed amount of use is relatively small, the cumulative effects of many such small uses could be detrimental to the water resources in the future. However, the cumulative effects of additional withdrawals in the Hydrologic Unit can be monitored by required flow meters, reporting of pumpages, and periodic evaluations of the Hydrologic Unit as may be required.

4

".

i.

Staff Submittal July 12, 2006

RECOMMENDATION:

1. That the Commission approve the petition to amend the Interim Instream Flow Standard for streams in the Waikaea Surface-Water Hydrologic Unit, to use water from Dry Gulch Flats Well (Well No. 0521-10), to install up to a 250 gpm pump in the well and use approximately 60 gpm for domestic use and residential landscaping, and up to 250 gpm for fire protection for four residential dwellings at TMK.: (4) 4-4-004:028, Hauiki Road, Kapaa, Kauai.

2. That the Interim Instream Flow Standard for all streams on Kauai, as adopted by the Commission on June 15, 1988, be amended to include for the Waikaea Hydrologic Unit, at TMK: (4) 4-4-004:028, that the applicant may pump from Well No. 0521-10, up to 86,400 gpd, at the pumping rate of rate of 60 gpm, for domestic use and residential landscaping, and up to 360,000 gpd, at the pumping rate of 250 gpm, for fire protection. The amendment to the interim in stream flow standard shall be subject to the conditions for interim instream flow standard amendments in Exhibit 4.

(Note: Installation of an approved flowmeter is a standard condition of the Pump Installation Permits, and is a condition of this IIFS amendment)

Exhibit(s):

Respectfully submitted,

~J2~

1 Location on Island of Kauai

DEAN A. NAKANO Acting Deputy Director

2 Wai ea Hydrologic Unit: 2039 3 Apri 27,2003 Letter 4 Co itions for Interim Instream Flow Standard Amendments

5

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----------~~--------~,~ \1. ~ '~

Island of Kauai

LOCATION MAP EXHIBIT 1

Department of Land and Natural Resources Commission on Water Resource Management Stream Protection and Management Branch

Hydrologic Unit Waikaea: 2039

Legend

... USGSgage

• DAR Surveys

• Diversions

Cl Hydrologic Unit Boundary

TMK Parcels

[@ TMK (4)4-4-004:028

Streams

Intermittent

Ephemeral

Perennial

This map was produced by the Department of Land and Natural Resources (DLNR), Commission on Water Resource Management for planning purposes. It should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data. Information regarding compilation dates and accuracy of the data presented can be obtained from DLNR.

Date: 04/25/2006 Datum: North American Datum 1983

Tax Map Key (TMK) layer Is comprised of tax assessor parcels derived from paper plat maps with attributes from public tax assessor records and is updated by each respective county.

.•. .~

2 _c::::J-=il----====::::II_--- Miles

-.

c

William A. Lydgate Post Office Box 68, Kapaa, HI 96746

Phone/FAX (808)821-1857; cell (808)651-3898 email [email protected]

April 27,2006

Ed Sakoda Department of Land and Natural Resources Stream - Surface Water Division POB 621 Honolulu, Hawaii 96809

Dear Mr. Sakoda,

RE: Well #0521-10, Hauiki Road, Kapaa, Kauai

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As requested by your office, enclosed is the completed Stream Approval Checklist fonn.

I would like to clarify that this well is built to serve four, and only four, residential dwellings in a completed Condominium Property Regime (CPR) Project on Kauai. No commercial use of the well is pennitted. No agricultural use, outside of residential landscaping for four dwellings, is contemplated.

I have enclosed a copy of the approved CPR Map, and indicated the four dwellings that will use the well. Note that the adjacent properties are served by County of Kauai Department of Water residential water service. Prices for these properties preclude agricultural use.

Testing to substantiate a flow rate of250 gpm was done solely for the purpose of meeting the requirement of the County of Kauai Fire Department that a Private Water Service demonstrate a 250 gpm flow capacity for a total of two hours. The total drawdown for the Fire Department's requirement is 250 gpm X 120 min = 30,000 gallons.

Please let me know if you have questions or if there is additional information I can provide. I request that the above explanation be taken into consideration and the well pennitting process be completed as soon as possible.

:]

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,

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-I

EXHIBIT 3

o CONDITIONS FOR

INTERIM INSTREAM FLOW STANDARD AMENDMENTS

The petitioner is hereby granted an amendment to the interim instreani flow standard subject to the following conditions:

1. The petitioner acknowledges that the use of stream waters for its project shall be subject to the rights and interests of others, as may be determined by Hawaii Law including but not limited to the rights established in Section 221 of the Hawaiian Homes Commission Act, and Hawaii Revised Statutes § 17 4C-l 01.

2. The Commission reserves the right to establish, in the future, permanent instream flow standards that mayor may not supersede the interim instream flow standard amended by the Commission for this project.

3. The surface water use here must not interfere with interim or permanent instream flow standards. 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.

4. The Interim Instream Flow Standard petition and submittal, as may be amended, approved by the Commission at its July 12, 2006 meeting are incorporated into this permit by reference.

5. An approved totalizing flowmeter shall be installed to measure withdrawals from the well and a record of withdrawals shall be reported to the Commission on Water Resource Management on forms provided by the Commission on a monthly basis, unless otherwise determined by the Chairperson.

6. The use authorized by law and by this amendment does not constitute ownership rights.

7. The permittee shall request modification of the amendment as necessary to comply with all applicable laws, rules, and ordinances, which will affect the permittee's water use.

8. This amendment shall be subject to the Commission's establishment of in stream standards and policies relating to the Stream Protection and Management (SP AM) program, as well as legislative mandates to protect stream resources.

9. The petitioner understands that any violation of any of the above conditions or any provisions of HRS § 17 4C or HAR § 13-168, 169, 171 may result in the suspension or revocation of this petition or fines.

EXHIBIT 4

, j

I •

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Report for the species observed in Waikaea Stream.

HatIVaj'j

Division of Aquatic Resources

Watershed Name: Waikaea Watershed ID ~ The watershed is characterized by these different parameters:

% High Intensity Developed I 0.42% Watershed Area 18276512.54 m2

% Low Intensity Developed I 4.12% % Zoned Agriculture 81.5

% Grassland I 37.67% % Zoned Conservation 9.6

% Evergreen Forest I 31.27% % Zoned Rural 1.7

% Scrub/Shrub I 19.96% o;.;'loned Urban 7.2

% Palustrine Forested Wetland I 0.05%

% Palustrine Scrub/Shrub Wetland L 0.76%

% Palustrine Emergent Wetland 0.05%

% Estuarine Forested Wetland 0.00%

% Unconsolidated Shore 0.01% estuary length (m) I 1737

% Bare Land 0.06% shallow water length (m) I 1680

% Water 0.79% Marine Management Area I 0

% Unclassified 0.00%

% Cultivated Land I 4.86%

The native species that were observed in the DAR point quadrant surveys included the following.

The introduced species that were observed in the DAR point quadrant surveys included the following.

Tuesday, June 27, 2006 DAR Database Version ~.3 I Page 1 of3

c

Report for the species observed in Waikaea Stream.

Havvai'i

Division of Aquatic Resources

The ranges of elevations for native species that were observed in the DAR point quadra~t surveys included the following.

The ranges of elevations for introduced species that were observed in the DAR point quadrant surveys included the following.

The native species observed in the updated HSA surveys were as follows:

First First survey lAst lAst surve

Scientific Name HI Common Name Abundance year Abundance year

Atya bisu/cata 'opae kuahiwi A 76 A 76

Lentipes conc%r 'o'opu hi'ukole Is ',,-,j

76

The introduced species observed in the updated HSA surveys were as follows:

First First survey lAst lAst su

Scientific Name HI Common Name Abundance year Abundance yell

")

Macrobrachium Jar Tahitian prawn C ~. X

Xiphophorus hel/eri swordtail C 76 /

C

1~ 1- j. ()a) J i Bibliography

The reference for the DAR point quadrat data are as follow

2006. Division of Aquatic Resources. Stream Surveys using the Point Quadrat Methodology, 1990-2006 in the DAR Aquatics Database.

Tuesday, JUlie 27, 2006 DAR Database Version ~.31

76

76

Page 2 of3

c

Report for the species observed in Waikaea Stream.

o

Havvai'J

Division of Aquatic Resources

The references for the Updated Hawaii Stream Assessment Information are as follows:

Note: These surveys represent the species present at the time the surveys were performed. This does not necessarily reflect the current species presence or absence. Additionally, the surveys may not have included all of the stream reaches so some species that were in the stream at the time of the survey may not have been observed.

Tuesday, June 27, 2006 DAR Database Version ~.3 I Page 3 of3

Dean D UyenolDLNRIStateHiUS

06/29/2006 11 :03 AM

o To Edwin T Sakoda/DLNRIStateHiUS@StateHiUS

cc

bcc

Subject Re: Waikaea Stream!)

"_" means absent. There is no data sheet for Waikaea, so I assume that the data that's in the DAR database is actually for Konohiki Stream which is adjacent to Waikaea or is a tributary to Waikaea Canal. I'd need to look more closely at it, but Konohiki was not included as part of HSA. The data that appears on the data sheet for Konohiki is the same info on DARs report for Waikaea, except the year is off. The source for Konohiki was Timbol & Maciolek, 1978, Stream Channel Modification in Hawaii. Part A: Statewide inventory of streams, habitat factors and associated biota. Any questions let me know.

Just FYI, Jeremy and I are setting up some of the computers in the lab this morning. Edwin T Sakoda/DLNRIStateHiUS

Edwin T Sakoda/DLNRIStateHiUS

06/2912006 07:25 AM

To Dean D Uyeno/DLNRIStateHiUS@StateHiUS

cc

Subject Re: Waikaea StreamITl

What does "_" mean? Is there any way to find out where the opae and lentipes were spotted? In the Waiakea Canal area or in the upper reaches of the Unit? Thanks - Ed

Dean D Uyeno/DLNRIStateHiUS

A=abundant C=common X=present

Dean D Uyeno/DLNRIStateHiUS

06/28/200604:11 PM

Edwin T Sakoda/DLNRIStateHiUS

Edwin T Sakoda/DLNRIStateHiUS

06/2812006 03:30 PM

To Edwin T Sakoda/DLNRIStateHiUS@StateHiUS

cc

Subject Re: Waikaea StreamOJ

To Dean D Uyeno/DLNRIStateHiUS@StateHiUS

cc

Subject Re: Waikaea Stream!]

No problem. What do the A, C, Z and - stand for in the "Last Abundance" column on page 2? Dean D Uyeno/DLNRIStateHiUS

c

Dean D Uyeno/DLNRIStateHiUS

06/28/200601 :56 PM

o

To Edwin T Sakoda/DLNRIStateHiUS@StateHiUS

cc

Subject Waikaea Stream

I went back to the HSA data sheets, but couldn't find exactly which reports the HSA refers to for Waikaea Stream.

LINDA LINGLE GOVERNOR Of HAWAII

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

June 20, 2006

Mr. William A. Lydgate P.O. Box 68 Kapaa, HI 96746

Dear Mr. Lydgate:

Petition to Amend the Interim Instream Flow Standard for Dry Gulch Flats Well (Well No. 0521-10)

Hauiki Road, Kapaa, Kauai TMK: (4) 4-4-004:028

PETER T. YOUNG CHAIRPERSON

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 ACTWG DEPUTY DtRECTOR

This is to acknowledge receipt, on May 2, 2006, of your petition to Amend the Interim Instream Flow Standard for Dry Gulch Flats Well (Well No. 0521-10). We are reviewing your petition and preparing a recommendation to the Commission on Water Resource Management. We will notify you of the date that your petition will be presented to the Commission for a decision. You can expect your petition to be processed within one hundred eighty (180) days of the date the petition was filed.

Should you have any questions, please contact Ed Sakoda of the Commission staff at 587-0234, or toll free from Kauai at 274-3141 + 70234.

Sincerely,

~~ DEAN A. NAKANO Acting Deputy Director

G:\WORK\REGULATE\FINAL\SAKODA\]IFS amendment for Lydgate Well Kapaa ack rcpt.doc

Department of Land and Natural Resources Commission on Water Resource Management Stream Protection and Management Branch

Legend

D TMK Parcels

fZZl 444004028

@ DAR Surveys

• Diversions

o Hydrologic Unit Boundary

This map was produced by the Department of Land and Natural Resources (DLNR). Commission on Water Resource Management for planning purposes. It should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data. Information regarding compilation dates and accuracy of the data presented can be obtained from DLNR.

Date: 04/25/2006 Datum: North American Datum 1983

Tax Map Key (TMK) layer is comprised of tax assessor parcels derived from paper plat maps with attributes from public tax assessor records and is updated by each respective county.

FROM: ED

TO:

ANAKALEA, P. CHING, F. DANBARA, S. FUJII, N. GOODING, K. HARDY, R. HOAGBIN, S. ICE, C. IMATA, R.

o o

COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: MAY - 2 2006 SUSPENSE DATE:

INIT .. TO:

KUNIMURA, I. NAKAMA, L.

I0I:l' 5," a OHYE, M. SAKODA, E. SWANSON, S. =z UYENO, D.

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YODA, K. YOSHINAGA, M.

! >!h (

INIT:

( & / -~ J

! .I !1,j;-r-<-

FOR:

(2/06)

PLEASE:

o

William A. Lydgate Post Office Box 68, Kapaa, HI 96746

Phone/FAX (808)821-1857; cell (808)651-3898 email [email protected]

April 27, 2006

Ed Sakoda Department of Land and Natural Resources Stream - Surface Water Division POB 621 Honolulu, Hawaii 96809

Dear Mr. Sakoda,

RE: Well #0521-10, Hauiki Road, Kapaa, Kauai

As requested by your office, enclosed is the completed Stream Approval Checklist form.

I would like to clarify that this well is built to serve four, and only four, residential dwellings in a completed Condominium Property Regime (CPR) Project on Kauai. No commercial use of the well is permitted. No agricultural use, outside of residential landscaping for four dwellings, is contemplated.

I have enclosed a copy of the approved CPR Map, and indicated the four dwellings that will use the well. Note that the adjacent properties are served by County of Kauai Department of Water residential water service. Prices for these properties preclude agricultural use.

Testing to substantiate a flow rate of 250 gpm was done solely for the purpose of meeting the requirement of the County of Kauai Fire Department that a Private Water Service demonstrate a 250 gpm flow capacity for a total of two hours. The total drawdown for the Fire Department's requirement is 250 gpm X 120 min = 30,000 gallons.

Please let me know if you have questions or if there is additional information I can provide. I request that the above explanation be taken into consideration and the well permitting process be completed as soon as possible.

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Prepared for, Tony Ll:jclgate Date: Maid IGI, 2005

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CHEC~LIST fOR THE PREPARATION OF STREAM RELATED APPROVALS

DEPARTMENT OF LAND AND NATURAL RESOURCES coMMISSION ON WATER RESOURCE MANAGEM~NT

PART A - GENERAL INFORMATION (Required for all applications]'

A-I ~~~!i~ao:l Wlili ~ A· ~4J~ ~d~~:!W~z(!l °i~1) 6 g .. ·"·......-..'------'--L./ city. C1::" ~ Stilte~ 1/4' := zip?b J!~ Phone, .~~:_ Fax ~S· K£f- IJ5~ =_ ~

I S1 A-2 Contact Pereon/Agent ~~A •• h

Name·~~77 ____________ ~~~v~v'~~~ ______________________ ___ Or-ganization Addrgss~ ____________ ~ ____________ . ________ ~~ ______ ___ City State ~ ________ Zip ___ _ Phon8 __ L-____ ~ ___ Fax ______________________________ _

1'1-) RELA'l'BU t't;W1.1:'l·!j'

If your ,proposed project 1& subject to the iollow1ng p9rmitsj~pprov81s 9uprnit either the approval letter oC the appropriate agency or attach a copy of application farm. If the project is not subject to the following permits/approvals indicate lIN/A".

a .

b.

c.

d.

e.

Corps "~t' Engineers (Harbors and Rivers Act, ~ SaeLion 404, Clean Wat.er Act) ....••.. " ....... ~

~~:~~~:n~l~~) ~~~~~~. !~~~~.~~~~:~~~~~ ......... ~ Right ot Entry permi t if the pl"oj act V ~ includes State lands (Chapter 171, HRS)., ...•. ~

Con~ervation Dietl"ict Use (Title ll'lL ~ Chapter 2,HAR).",. , .. , ••........••.•.......•• ~

Hawaii Environmental Policy Act (Chapter 343, HRSiTitle 11, Chapter 200, HAR) ..• , •• , •.•....

r. County grading permit .. , •.... , .•..•..••......

h. county flood orrtinance(&) ... ' ..••.........• , .. --~"'----

i. County CZM Special Management Ar~a ............ ____ ~

j . County discretionary permit(s]

1

IH GM/\ S9L IlS9S0S

'.

SI3/EI3 39t'd

c o

A-q Landowner's Si9nature

Please secure the apptopriate landowner's si9nature. If the land i~ owned by a government agency please secure the appropriate egency'6 signoture:

Tax Map Key(s):

'J,.LJ- 'i : 0 Z-'b

A-5 ISlana __ ,~~~~_,~~\ ____ _ A-15 District

A-6 Stream Name(~

.LU.l\.r5N.~~~~~(}y~~~ ,.~

A-7 State Land Use Classification

~ Agriculture _________ Conservation

____ Urban ~ ___ Rural

If the proposed project involves more that one land u~e classification attach m~p showing alteration on each lend Use di~t.rint ..

2

IH GM/\ 89L tG898138

PART 0

c o

AMENDMENT TO INTERIM INSTREAH FLOW STANDARD (Required fQ~ Qll diversiQne)

0-1 PERIOD OP R~CORO AVERAGE MONTHLY STR~A"FLOW WITHIN THE ArFECTED STREAM REACH, IN era

JAN FEe MAR APR MAY 3UN ~UL ~UG SEP OCT NOV DEC ANNUAL

ANNUAL MEDIAN fLOW IN CFS

0-2 PROPOSED AVERAGE HONT'1L~ STREAJoIf'LOW DIVERSION FROM AffECTED STAt"" Rf,:ACII, IN CFS

3~N PBe MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL

AMNOAL MEDIAN OIVtRTED FLOW IN ~F$

O-J List or all Nonio6tream 05ers th16 stream

owner

PART E

Location­Upstreem/OOwnstraan

NQnioBtrealll Use

GIG~ATURE AND CERTIFtCATION (Required for all applications]

1 hereby eertHy that the information herein is true and factual to the best of my knowledge.

7

IH GMI\ 89LTl898G8

,-

i

Tony Lydgate Post Office Box 68, Kapaa, HI 96746

Phone/FAX (808)821-1857 email [email protected]

January 8, 2007

Lenore Y. Nakama Commission on Water Resource Management DLNR Post Office Box 621 Honolulu, Hawaii 96809

Dear Ms. Nakama,

RE: Transfer of Ownership, Dry Gulch Flats Well No. 0521-10, Hauiki Road, Kapaa, Kauai, TMK (4)4-4-04:028.

/

Title to this well has been transferred to DRY GULCH FLATS WATER COMPANY,' whose mailing address is: % Harvey Cohen,'Esq., P.O. Box 223755,Princeville, HI 96722. Pik.* 't;1./P-4-41(, ("M"'\~ ",-oV\e(1 cH 1®Cio\.c:.OfV]

Please address all future correspondence concerning the well on this property to Mr. Cohen.

y;;;J;;t William A. Lydgate

/

MEMO and ROUTE'iUP (ver 12121/05)

o 10/13/06

I WCR 2 Check for Well No. 0521-10 (survey to regulation memo)

1. Pump Tests Check( special condition of PIP? Yes/No) Kevin Gooding KJ)·(initial if yes) Yes No If no. describe deficientv

Step-Drawdown Test:

followed WCPI Stds analysis attached proposed pump cap o.k.

Aquifer Pump Test:

followed WCPI Stds T & S analysis attached

Well Interference: estimated Steady-State drawdown at 1-mile radius is ____ ft.

analysis attached

Stream Surface Water Impacted:

Geology Code for Well Index: ____ _

D D o

D o

o

o

D D o

D D

o

o ..- If yes, identify most probable stream

2. Pump Installation Check Mitch Ohye _\ ............. )\.:.. .. ...:...-_ (initial) Yes No If no, describe deficiency

data complete followed Special Cond & Elev.

well database updated

. ~D

o 0,/

o o o

3. Charle€::"enO,yan __ vJ",---__ (initial) take action based on above analysis

ATTACHMENTS FOR ACCEPTANCE: 1WCR2 ACCEPTANCE LETTER

2PUMP INST. COMPLETION CERTIFICATE

/ 3METER INSTALL. REPORT (IF NECCESSSRY) _~. ----F-.-.-

4WUR FORM(if necessary) \/ 5USGSMAP UPDATES

I ",'

6PARCEl. CHECK . ..' .'. ".' 7WELl.'DATABASE It'lPc1r'CH{:cK . 8GLENN'S PUMPTEstVVORKSt-fEET" 9PUMP As-Built CHECK:PRINT, '

1 To be sent to driller

J To be sent to landowner/operator

} Staff internal checks

4. ROY_--f+-_ 5. Susan 1-a.~1"I>N:I.

eck(Entered WCR 2/PICC accept date into database) (initial) finalize

6. Chari

LINDA LINGLE GOVERNOR OF HAWAII

Ms. Tracie Sober Valley Well Drilling 91-235A Oihana St. Kapolei, HI 96707

Dear Ms. Sober:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU. HAWAII 96809

November 29,2006

Well Completion Report Part II for Well No. 0521-10

PETER T. YOUNG CHAIRPERSON

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

0521-1.wcr2

We received your Well Completion Report Part II for the Dry Gulch Flats Well (Well No. 0521-10) on October 12, 2006 and acknowledge that it is complete.

This completes your obligations under the pump installation permit. A certificate of pump installation completion will be issued to the well operator/landowner and you will receive a copy. The certificate transfers responsibility of all aspects of well usage and maintenance from you to the well operator/landowner.

If you have any questions, please contact Lenore Nakama of the Commission staff at 587-0218 or toll-free at 974-4000 (Hawaii), 274-3141 (Kauai), 984-2400 (Maui), or 1-800-468-4644 (Lanai & Molokai).

LN:ss

c: William Lydgate

Sincerely,

Wf7f7 1't

DEAN A. NAKANO Acting Deputy Director

LINDA LINGLE GOVERNOR OF HAWAII

Mr. William Lydgate P.o. Box 68 Kapaa, HI 96746

Dear Mr. Lydgate:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

November 29, 2006

Certificate of Pump Installation Completion for Well No. 0521-10

PETER T. YOUNG CHAIRPERSON

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 OEPUTY DIRECTOR

0521-10.pcc

We are pleased to inform you that the Pump Installation work permitted for the Dry Gulch Flats Well (Well No. 0521-10) is complete and acceptable and welcome you as a new member to the community of well owners and groundwater users in Hawaii. This certificate of pump installation completion allows you to commence pumping your well for reasonable & beneficial water use.

To protect Hawaii's natural ground water resources for the benefit of all, the following requirements apply to the use of your well:

1. If the well is not in use it must be properly capped.

2. If the well is to be abandoned then the landowner must cause a licensed contractor to apply for a well abandonment permit in accordance with § 13-168-12(f) prior to any well sealing or plugging work.

3. In the event that the well operator and/or landowner changes, the Commission shall be notified of the change prior to the change, and all forms shall be transferred to the new owner.

4. In the event the benchmark in the concrete base of the well is altered in any way, an updated elevation survey (page 5 of the Well Completion Report Part I) shall be submitted to the Commission. The Well Completion Report Part I can be obtained by contacting staff or at www.hawaii.gov/dlnr/cwrm/forms.htm.

- Mr. William Lydgate Page 2 November 29,2006

5. Your approved pump has a capacity of 100 gpm at a head of 260 ft. In the future, pump replacements of equal or lesser capacity will not require an additional permit from the Commission, but will require the submission of a Well Completion Report Part II by the licensed pump installer. If the pump replacement is greater than the existing pump, you will need to apply for a new pump installation permit.

6. The landowner shall cause the well operator to maintain the installed 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 a monthly basis, on forms provided by the Chairperson (attached), in accordance with §13-168-7, HAR.

7. 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. The authorization to drill a well and/or install a pump shall not constitute a determination of correlative water rights. The landowner and well operator are notified that the quantity of water taken from the well and/or the pump capacity could be reduced by the Commission in the future.

8. In the event that your installed pump is less than 70 gallons per minute, and no elevation survey has been completed, you may be required to do one in the future.

Because groundwater in Hawaii is a public trust, and adverse effects at one well may affect other water resources, any violation of the above conditions, or any other provision of the Hawaii Administrative Rules, may be subject to fines of up to $5,000/day. The Commission needs your help and asks that you to do your part in utilizing this shared resource. We prefer to work with you in meeting the goal of protecting our ground water resources together.

If you have any questions, please contact Lenore Nakama of the Commission staff at 587-0218 or toll-free at 974-4000 (Hawaii), 274-3141 (Kauai), 984-2400 (Maui), or 1-800-468-4644 (Lanai & Molokai).

LN:ss Encl: Water Use Report Forms

c: Department of Water Supply Valley Well Drilling

Sincerely,

Wfrl-,; 1't

DEAN A. NAKANO Acting Deputy Director

.1

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

/ For Official Use Only:

R'= C r: 1'/ r-:. fJ

WELL COMPLETION REPORT - PART II Pump Installation 6 OCT 12 A 8: 3 5

Instructions: Please print in ink or type and send completed report (with attachments, if applicable) to the 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 Regulation Branch at 587-0225. For updates to this form or additional information, please visit our website at http://www.hawaii.gov/dlnr/cwrm/

1. State Well 012.1-10 Qr+ ~V1\ ch El4iu Island: l;1M~ __ No.: Well Name:

2, Address: i:tOlVlik i RQc?Jg j K"1f~q H\ Tax Map Key: ~ -4 '-004 : O"Z~ 3. Pump InstClllation Company: VALLEY WELL DRIIJ..ING, LLC

--~-

4. Date Pump Installed: I 0 . 011 ·0 l.e month/day/year

5. PERMANENT PUMP INFORMATION Pump Type, Make, Serial

~rVln~ ~~ ~5SI00- ~ No.:

Rated Capacity: 100 gpm at head of: ~ UQ ft. Motor Type, H.P., Voltage,

frf\nkl in 10 h P t1CIJV / \ P hfA~v ,3i\'j(J RY JV'\ rpm:

Pump type (check one):

0 Deep Well Turbine o Rotary o Propeller

~ Submersible o Rotary-Displacement o Reciprocating

o Centrifugal o Rotary-Gear o Impulse

6. Method of flow measurement:

4~ ,& Flowmeter Manufacturer 'VftCI~ I ()11 Model no. M ~Q ~Gll Size ,I.'? JI

o Other, explain and attach schematic

7. Fill in the as-built section on the other side of this sheet.

8. Attach the rating curve for the installed pump.

9. Attach photograph of well clearly showing the benchmark on the concrete pad, the well head, and the method of flow measurement.

10. Well Owner Company Contact W i lli~}{) 4~~4Tu Address eO. Be)( ~] ~j?O\q I t\:) Q{01-1-(P

Phone <6~1- 1~61' Fax ~~I-lg5=t 11. Land Owner Company Contact

Address Jq!Y)C q~ \r-J(\\ Qwnt£-Phone Fax

12. Remarks ..

Pump Installation Contractor (print) Tracie Sober C-57/C-57a/A Lic. No. 24947

Signature ~ ~ Date IQ'IQ'O~ WCR2 Form 3117106 Page 1 of 2

o 7. AS-BUILT PUMP SECTION (Please attach as-built if different from diagram provided below)

Bench mark elevation surv~d to nearest 0.01 ft. = ~~. mean sea level

~IIII§IIII§I!I!§I!II

Elevation of top of chase tube ?>~'0. 0'0 ft. mean sea level

,

,

Pump intake depth = \-¥1 ft. (referenced to bench mark)

Chase tube depth = f..I¥l ft. (referenced to bench mark)

If airline installed, bottom of airline elevation =

bl b. ft. mean sea level

WCR2 Form 3/17/06 Page 2 of 2

/ ,

o Model 855 85 GPM Performance Curves

FLOW RANGE: 18 -118 GPM OUTLET SIZE: 3" NPT NOMINAL DIA. 6"

i=' w W LL

1000r---------------------------------------~~~ --'------------------------------------- 3450

900

800

---'-,-'---,-'-----------------------------MOST EFFICIENT RANGE: 60 to 118 GPM

3525 RPM

700 ,185S150-13(20HPj[-------- .. ---------=-=-~---=-1855150·12 (15 HP) r----------------

600

400

t-r==-~~::_r'------'--~------

200 r:=::~;;;=.:;;;.;;:;;;;~:::::===== ----------------.~~~

100

, :-,---.----.-' .-'----------~-O£:: --------------'-----,--,-----

~------------------------------------------------o ~ ____________________________________________________ _J

o 10 20 30 40 50 60 70 80 90 100 110

CAPACITY (GPM)

80

70

60

50

40

SPECIFICATIONS SUBJECT TO CHANGE WITHOUT NOTICE. 1) 4" MOTOR STANDARD, 1.5-5 HP/3450 RPM ;') '" O~"\ \0 .n ~ f_ •• I ... ',l ..... ~ ... -1 L.. 6" MOTOR STANDARD, 7.5-50 HP/3450 RPM. "J '" ., IV-\ (!;L\.l u:..K -t lAl V Alternate motor sizes available.

~

~ 0 ->-u z w U u:::: LL W

GRUNDFOS' tiP

- . o o

.- .. , . Q MEMO and ROUTE ~LIP (ver. 01/27/06)

I WCR 1 Check for Well No. 0521-10 (survey to regulation memo)

1. Pump Tests Check Kevin Gooding It!J (initial)

Step-Drawdown Test:

followed WCPI Stds analysis attached proposed pump cap o.k.

Aquifer Pump Test:

followed WCPI Stds T & S analysis attached

Well Interference:

Yes No If no. describe deficiency

estimated Steady-State S drawdown at 1-mile radius is ____ ft. - / 0

analysis attached rs;v

03/20/06

Stream Surface Water Impacted: o o .- If yes, identify most probable stream f o!- So l.b \ y ~ I"I'Ic.-) 1

V ti c,. r'VV t -5 ~ r..e "V""" ') Geology Code for Well Index:

c:.\~~ ,~ k# c... Y'~<--

2. Construction Check Mitch Ohye --I---t-7t-- (initial) If no, de~!ibe deficiency

;;'y> ,

\:>OV~ ~ 'f.u. Yes No

\1 Q/f) 1. e ~. \.;~ /' ~

)

te o lcial Cond & elevations ;::J e updated 0

NAD27

/\{ t ~L, / ( ,\. '

Latitude Longitude

NAD83 ' (\~' ," 0', .;' \ '-., '\ i 1 _____ , .. - ., /*~~. 5~ 3. Charl€nO,yan _-,\...,JJ ___ (initial) take action based on above analysis 7 cv cP ~

ATTACHMENTS FOR PUMP INSTALLATION PERMIT (2x): 1 COVER LETTER

2COUNTY COMMENTS (DWS/SMA)

3 DOH COMMENTS

4DLNR COMMENTS (LD/OCCUDHP)

5WCR 1 Accept

6WELL CONST. COMPLETION CERTIFICATE

__ not necessary - only WCP or BOTH. I To be sent to driller/pump installer

<------ To Landowner

} Staff internal checks

~ .. oy~ (i~lj check (Entered WCR 1IWCCC accept date into database)

5. us~n H~c\gbin (initial) finalize . itch (i I) signature (Entered PIP issue date if required) . Charl~enO,yan File

LINDA LINGLE GOVERNOR OF HAWAII

Ms. Tracie Sober 91-235A Oihana St. Kapolei, HI 96707

Dear Ms. Sober:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU. HAWAII 96809

June 14,2006

Well Completion Report Part I for Well No. 0521-10

PETER T. YOUNG CHAIRPERSON

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

0521-1O.wcrla

Thank you for submitting the GPS coordinates for Well No. 0521-10. We have accepted the subject report as complete as of May 16,2006, the date on which the GPS coordinates were transmitted to our office by facsimile.

This completes your obligation under the well construction permit. A certificate of well construction completion will be issued to the well operator/landowner and you will receive a copy. This certificate transfers responsibility of all aspects of well usage and maintenance from you to the well operator/landowner.

Our analysis of the constant-rate pump test data indicates that the well was tested at an average rate of 197 gpm, rather than 250 gpm. Please be advised that installation of a pump having a capacity greater than 200 gpm will require a new constant rate test to support a higher capacity.

If you have any questions, please contact Lenore Y. Nakama of the Commission staff at 587-0218.

LYN:ss

c: William Lydgate

Sincerely,

Wf'rM 1't

DEAN A. NAKANO Acting Deputy Director

/

LINDA LINGLE GOVERNOR OF HAWAII

Mr. William Lydgate POB68 Kapaa, HI 96746

Dear Mr. Lydgate:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT po. BOX 621

HONOLULU, HAWAII 96809

June 14,2006

Certificate of Well Construction Completion for Well No. 0521-10

PETER T YOUNG CHAIRPERSON

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

0521-1O.wccc

We are pleased to inform you that the Well Construction work permitted for the Dry Gulch Flats Well (Well No. 0521-10) is complete and acceptable and welcome you as a new member to the community of well owners and groundwater users in Hawaii.

To protect Hawaii's natural ground water resources for the benefit of all, the following requirements apply to the use of your well:

1. Before this well can be pumped on a regular basis, a certificate of pump installation completion must be obtained.

2. If the well is not in use it must be properly capped.

3, If the well is to be abandoned then the landowner must cause a licensed contractor to apply for a well abandonment permit in accordance with § 13-168-12(f) prior to any well sealing or plugging work.

4. In the event that the well operator and/or landowner changes, the Commission shall be notified of the change prior to the change, and all forms shall be transferred to the new owner.

5. In the event the benchmark in the concrete base of the well is altered in any way, an updated elevation survey (page 5 of the Well Completion Report Part I) shall be submitted to the Commission. The Well Completion Report Part I can be obtained by contacting staff or at www.hawaii.gov/dlnr/cwrmlforms.htm.

Because groundwater in Hawaii is a public trust, and adverse effects at one well may affect other water resources, any violation of the above conditions, or any other provision of the Hawaii Administrative Rules, may be subject to fines of up to $5,000/day. The CommissIOn needs your help and asks that you to do your part in utilizing this shared resource. We prefer to work with you in meeting the goal of protectmg our ground water resources together.

If you have any guestions, please contact Lenore Y. Nakama of the Commission staff at 587-0218 or toll­free at 974-4000 (Hawaii), 274-3141 (Kauai), 984-2400 (Maui), or 1-800-468-4644 (Lanai & Molokai).

LYN:ss Enclosures

c: Department of Water Supply Tracie Sober, Valley Well Drilling, LLC

Sincerely,

Wf7H 1't

DEAN A. NAKANO Acting Deputy Director

/

05~lG!2006 14:51 8086821768 VWD HI PAGE 04/04 - '-------'" -----~---

TOP OF CASING (PVC) K N220 05'25.45377'" ~

W159°21 '56.61120)) "s (NA D83) ELEVATION = 383.05' MSL

<J CASING (PVC)

GROUND ELEVATION = 381.76' MSL.

..... ..... . '.1 ." ..... .1 ." ...... ~

" ...... ......... . ..... ' .. .. . '" .. .. " .. ." . .

. . ... .. " I. ,'. , .... - * • ..... :',." ......

.. .. .." .. , ... . .. • 10 .. " ..

WELL ELEV A TI 0 N WELL # 0521-10 WELL NAME: DRY GULCH FLATS

OWNER: TONY LYDGATE

T.M.K.(4)4-4-4 : 28 ~~

PETER N. TAYLOR

BENCH MARK USED:

Tbl...,.., ....... .. ...... orfaIIII ... .. Iip,ture of III..,.,.

i'lA'r'-lEo-200Eo 02:4EoPM FAX: 808Eo8217Eo8 ID: DLNR CWRi'l PAGE:004 R=95%

l

05/'16/2005 14:51 8885821758,. VWD HI

PRIJ.'IBIt IJ'lA YIIOR IDIIGIIIJ;B ..... « .~""1D &'UR'V'RYOa 1110",

4370 KUKUI GROVE ST, SUITE 208, LIHUE, KAUAl, HAWAII 96766 Valley Well Drillf~8,NEre 245-9154 FAX B08245-8928 EMAIL [email protected]

91·235A Oihana Street Kapolei, HI 96707

Attn : Tracie Sober

RE: New Well Elevation Certificate for TMK(4) 4·4·4 Parcel 28. Well# 0521-10

Please find enclosed Well Elevation Certificate for Well# 0521-10. As requested by the Department of Land and Natural Resources the Coordinates of the well are given with respect to North American Datum 1983.

, _~ A /'

verltiulY yours, :

ic:~;~~;:<ft·-::t:W:·:::;":J..,~ I ' , .

,'-. ,,/

.' ter N. Taylor, PE, PLS, C. Eng

ce. Tony Lydgate

ALOHA, HAVE A NICE DAY.

File: Date:

PAGE ['13/04

MRY-16-2006 02: 46P~1 FR><: 8086821768 10 : DLNR CWRt'l PRGE: 003 R=95:~

0~~/ lEI 2005 14: 51 8085821758

LINDA LINGLE C.OVZ!/IINO~ of ..,,s,WAjl

Ms. Tracie Sober Valley Well Drilling, LLC 91-235A Oihana 8t. Kapolei, HI 96707

Dear Ms. Sober:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU. HAWAII 98809

AprillS; 2006

Well COIDJ;?!etioA,&:port Pm I for Well No. 0521:.1Q

PAGE 02/04

PETER T. YOUNG C!wl.QR:Pe:A:.e:)~

MI;:REDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA

CHtYOME l. FUKtNO. M.D. lAWRENCE H MilKE. M.D. J.D.

STEPHANIE A. WHALEN

DEAN A. NAKANO ... t=~Nc:(:II!!"'V"Vtw~ISC:'fC"!

052J-10.wcrl

We have received your Well Completion Report Part I for the Dry Gulch Flats Well (Well No. 0521-10). However, matters which must be addressed before we can accept yOW" report as complete are as follows:

1. Please provide the GPS coordinates (NAD 83) at the well site.

Until this matter is addressed, we cannot isstle the certificate of well construction completion. Please remember that the well may not be pumped for purposes other. than well and aquifer testing until the certificates of 1) well construction completion and 2) pump installation completion have been issued, othen.,.ise such purnpage would constitute a violation of the pennit conditions. Since the permit is issued to the contractor, the contractor will be responsible for any non-testing pumpage violations when the cenificates of completion have not been issued. Please respond to the above item(s) within thirty (30) days of this letter's date. Failure to do so may result in flnes of up to $5,000 per day.

The pump test indicates that a reCharge boundary was hit. There are two streams in the immediate Vicinity of the well. Before we are able to issue a certificate of pump installation completion which allows you to commence pumping the well for production purposes, a successful petition to amend the interim instream now standard for the affected stream must be made. We have attached a copy of the appropriate fO"IDS.

For all future submittals, please use the aquifer pump test forms that are available on our website (",,,vw.hawaU.gov/dlnr!cwrm). The forms should Dot be altered. In addition, please provide the early time data, fill in the dmwdown t;:oJuron, and pnlV.d~ tempnatu.-e :md chloride data.

If you have any questions, please contact Lenore Y. Nakama of the Commission staff at 587~0218.

LYN:ss Attachment

c: William Lydgate

MA\' -15 - 2005 02: 45PM FAX: 8085821758

Sincerely.

w.f7fi 1'L

DEAN A. NAKANO Acting Deputy Director

ID:DLNR CWRM

RECEJ-VED if I,,···": -'\7 421p·Q(o

PAGE:002 R=9S%

- O:~/ 15/ 2005 14: 51 8085821758 VWD HI

VALLEY WELL DRILLING 91-235 A Oihana Street • Kapolei. Hawaii 96707 808-682~1767 " Fax 808-682·1768

Fax Transmittal Cover Sheet .

!Q -\ fI'O(, To: L-enrr.c Date:

Company: DUJ\Z- CWRM Pages: 4

PAGE 01/04

Fax: ·S~T-Q11~ From: Tracie Sober

Cc:

o Urgent

• SUBJECT:

Health & Safety

o For Revie\\' D Please Comment o Please Reply

... }

If you have any questions regarding this fax transmission, please contact the above at (808)682-1. 767,

o Please Recycle

tvlA'( -16-2006 02: 46Pt1 FAX: 8086821768 10: DLHR GJRM PAGE: 001 R=9S%

LINDA LINGLE GOVERNOR OF HAWAII

Ms. Tracie Sober V alley Well Drilling, LLC 91-235A Oihana St. Kapolei, ill 96707

Dear Ms. Sober:

o

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

April 18, 2006

Well Completion Report Part I for Well No. 0521-10

PETER 1. YOUNG CHAIRPERSON

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

0521-IO.wcrl

We have received your Well Completion Report Part I for the Dry Gulch Flats Well (Well No. 0521-10). However, matters which must be addressed before we can accept your report as complete are as follows:

1. Please provide the GPS coordinates (NAD 83) at the well site.

Until this matter is addressed, we cannot issue the certificate of well construction completion. Please remember that the well may not be pumped for purposes other than well and aquifer testing until the certificates of 1) well construction completion and 2) pump installation completion have been issued, otherwise such pumpage would constitute a violation of the permit conditions. Since the permit is issued to the contractor, the contractor will be responsible for any non-testing pumpage violations when the certificates of completion have not been issued. 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 $5,000 per day.

The pump test indicates that a recharge boundary was hit. There are two streams in the immediate vicinity of the well. Before we are able to issue a certificate of pump installation completion which allows you to commence pumping the well for production purposes, a successful petition to amend the interim instream flow standard for the affected stream must be made. We have attached a copy ofthe appropriate forms.

For all future submittals, please use the aquifer pump test forms that are available on our website (www.hawaii.gov/dlnr/cwrm). The forms should not be altered. In addition, please provide the early time data, fill in the drawdown column, and provide temperature and chloride data.

If you have any questions, please contact Lenore Y. Nakama of the Commission staff at 587-0218.

LYN:ss Attachment

c: William Lydgate

Sincerely,

Wfin 1't

DEAN A. NAKANO Acting Deputy Director

/

· , o o CHECKLIST FOR THE PREPARATION OF STREAM RELATED APPROVALS

DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

PART A - GENERAL INFORMATION (Required for all applications)

A-I Applicant Name~ __ ~ ______________________________________________ ___ Organization ______________ __ Address ______________ ~~~--------------------~----------City ____ ------------ State __________________ Zip ______ __ Phone________________ Fax

A-2 Contact Person/Agent

Name-. __ ~--__ ---------------------------------------------Organization .. __ .. __________________________ _

Address ______________ ~~--------------------~~--------City State _____________ Zip ______ __ Phone __ ~____________ Fax ______________________________ ___

A-) RELATED Pt::H.Ml'l'S

If your ·proposed project is subject to the following permits/approvals submit either the approval letter of the appropriate agency or attach a copy of application form. If the project is not subject to the following permits/approvals indicate liN/Ali.

a. Corps of Engineers (Harbors and Rivers Act, section 404, Clean Water Act) ................. ____ N/A

b. Department of Health (Best Management Practice Plan) ................................ ___ N/A

c. Right of Entry Permit if the project includes State lands (Chapter 171, HRS) ....... __ N/A

d. Conservation District Use (Title 13, Chapter 2, HAR) ............................... ____ N/A

e. Hawaii Environmental Policy Act (Chapter 343, HRS;Title 11, Chapter 200, HAR) .............. _____ N/A

f. County grading permit ........................ _____ N/A

g. Soil and Water Conservation District .......... ____ N/A

h. County flood nrrlinance(!':) ..................... ____ N/A

i. County CZM Special Management Area ............ ____ N/A

j. County discretionary permit(s) .............. ____ N/A

1

· '. o o A-4 Landowner's signature

Please secure the appropriate landowner's signature. If the land is owned by a government agency please secure the appropriate agency's signature~

Tax Map l\ey(s): Landowner's Signature

A-5 Island A-15 District

A-6 Stream Name(s)

A-7 state Land Use Classification

_________ Agriculture ___________ Conservation

____ Urban _________ Ru ra 1

If the proposed project involves more that one land use classification attach map showing alteration on each land use distrir.t.

A-B Please describe this project's consistency with county zoning and development plans.

2

..

PART 0

o o AMENDMENT TO INTERIM INSTREAM FLOW STANDARD

(Requi~ed for all diversions)

0-1 PERIOD OP RtCORD AVERAGE MONTHLY STREAMFLOW WITHIN THE AFFECTED STREAM REACH, IN CFS

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL

ANNUAL MEDIAN fLOW IN CFS

0-2 PROPOSED AVERAGE MONTHLY STREAMFLOW DIVERSION FROM AFFECTED STREAM REACH, IN CFS

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ANNUAL

ANNUAL MEDIAN DIVERTED FLOW IN CFS

0-3 List of all Noninstream Users this stream

Owner

PART E

Location­Upstream/Downstream

Noninstream use

SIGNATURE AND CERTIFICATION (Required for all applications)

1 hereby certify that the information herein is true and factual to the best of my knowledge.

SIGNATURE OF APPLICANT DATE

7

_. State of Hawaii For Official Use Only:

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

WELL COMPLETION REPORT - PART I Well Construction

Instructions: Please print in ink or type and send completed report (with attachments, if applicable) to the 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 Regulation Branch at 587-0225. For updates to this form or additional information, please visit our website at http://www.state.hi.us/dlnr/cwrm/

1. State Well No.: 0'521 - to Well Name:

2. Address: _..LHILI\~YLL\ 1<.,-,,-,-\ -,-,,~~D-,,-. __________ Tax Map Key:

3.

4.

5.

Drilling Company: VI+LLS1 ~E.- LL DR, LLtN~ I L-LL Drilling method used during contruction: D Rotary rsq Percussion D Other (describe)

Date Well Construction (drilled,cased,grouted) completed: ----"~-=:-"''-+......".'- Fill out attached Driller's Log men /day/ ar

In addition to the driller's log, if a geologic log was prepared, please submit with this form.

6. Was the subject well cored? DYes Di1 No

7. Step-Drawdown Test completed? ~ No D Yes Attach Step-Drawdown Test form (12117/97 SDPTD Form)

. ...;

8. Constant Rate Aquifer Test completed? D No I8'J Yes Attach Constant Rate Aquifer Test form (12117/97 CRPTD Form)

Initial parameters:

~i' :=t-t, 9. Water-level: ft. above msl Date and time of measurement:

10. Chloride: IS ppm Date and time of sampling:

11. Temperature: 'ro OF Date and time of measurement:

12. Fill in the as-built section on the other side of this sheet.

13. Attach photograph of well and concrete pad showing benchmark on concrete pad.

14. Fill in attached surveyor's report.

15. If a pump is not planned to be installed, please describe (below in the remarks section) how well is secured to prevent unauthorized access (example: lockable cover, threaded coupling, etc.)

16. Remarks:

Licensed Driller (print) Vl\LLE1 W&LL.. W.\U.1~fu ,LLC C-57 Lic. No . ......:..;.L 14"""'--1-4..;...1--'--____ _

Signature Date03'i4 ·O~

WCR1 Form 1117/06 Page 10f5

/

., I~

13. AS-BUILT WELL SECTION (Please attach as-built if different from diagram provided below)

Elevation at top of casing ?/b ... 1.C~ msl* (to nearest 0.01 ft.)

rB:e-n-c-=h-m-a-r:-k---""l-------------------..· :

elevation:

3~2 ?Jl. msl* (Survey to nearest 0.01 ft.)

Grouting method:

~ Positive displacement

o Other

Total Depth

Cement Grout: {PQ ft. (min. 70% of distance from ground elevation to top of water surface or 500 ft. , whichever is less.)

Annular space between hole and casing (1.5" for positive displacement, 3" for other methods):

~ in.

Rock or Gravel Packing:

I4\) ft.

"

'.

Hole Diameter: 11. in.

Minimum of 2' Radius & 4" Thick Concrete Pad

Ground Elevation: :?~l :~ft., msl ! ..

S' Please refer to the Q)

iIi HAWAII WELL CONSTRUCTION AND Qi

i '. > Q)

...J '. ~ .. .. , .l!!

PUMP INSTALLATION STANDARDS to ensure that your as-built is in compliance

with applicable standards.

'. ~ :

:> Q)

iIi '0 c: :::I ,

e Q.

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

Length: 100 ft.

Nominal Diameter: (p in.

Wall Thickness: O·tt?J'l. in. x

';!!. I Bottom Elevation: 2,'6\ .. ~ ft., msl 0 I 0> 1\1

100 ft. Material: Open Casing: l1!J Perforated o Screen

liG Crushed Basalt

o Rounded Gravel

Water Level Elevation:

302.111 ft. msl*

Length: iQQ ft.

J r _. t fa Nominal Diameter: in.

-,I Ii",;.' Wall Thickness: a ·1?2. in. r,·~1 r;:~ .• ~~

I Bottom Elevation: I~I :li, ft., msl ~,·1 L;:! I I' I .,'. ·1

Open Hole:

Length: N~ ft.

Diameter: in. L

*msl = mean sea level Bottom Elevation: ft., msl

Solid Casing Material: 1" DS'L l - tD \)(('"1' 6ulLU: .ft..k(.!:> Carbon Steel: compliant with (check one or more): 0 ANSIIAWWA C200 0 API Spec. 5L 0 ASTM A53 0 ASTM A139

And compliant with (check one or more): 0 ASTM A242 or A606 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)

ABS Plastic conforming to ASTM F480 and ASTM D1527: (check one) o Schedule 40 o Schedule 80

PVC Plastic conforming to ASTM F480 and (ASTM D1785 or ASTM D2241): (check one): o 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 Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950

o PTFE Fluorocarbon Tubing conforming to ASTM 03296

o FEP Fluorocarbon Tubing conforming to ASTM 03296

Open Casing Material: Carbon Steel: compliant with (check one or more): 0 ANSIIAWWA C200 0 API Spec. 5L 0 ASTM A53 0 ASTM A139

And compliant with (check one or more): 0 ASTM A242 or A606 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)

ABS Plastic conforming to ASTM F480 and ASTM D1527: (check one) 0 Schedule 40 o Schedule 80

PVC Plastic conforming to ASTM F480 and (ASTM D1785 or ASTM D2241): (check one): o 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 02997

o Reinforced Plastic Mortar Pressure Pipe conforming to ASTM D3517

o Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950

o PTFE Fluorocarbon Tubing conforming to ASTM D3296

o FEP Fluorocarbon Tubing conforming to ASTM D3296

weR1 Form 1117106 Page 2 of 5

S' fHO.. 0 tate 0 awall

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources DRILLER'S LOG

For Official Use Only:

Well Number: 0521-10 Dry Gulch Flats

Depths (ft.) Rock description, Water level, etc. Dates Depths (ft.) Rock description, Water level, etc. Dates

0 to 50 Lt brown clay 9/5/5 to

50 to 58 Lt brown clay 9/5/5 to

58 to 60 Basalt dark grey 9/5/5 to

60 to 70 Lt brown clay 9/5/5 to

70 to 90 Lt brown clay mix w/small dark grey

9/5/5 basalt layers

to

70 to Water at 70' 9/5/5 to

90 to 120 Yellowish orange clay soft 9/5/5 to

120 to 130 Lt brown weathered basalt 9/5/5 to

130 to 140 Medium dark grey basalt, medium

9/5/5 hard to

150 to 158 Basalt medium dark grey 9/6/5 to

158 to 160 Lt brown clay soft 9/6/5 to

160 to 168 Basalt, medium dark grey 9/6/5 to

168 to 180 Gray brwon weathered 9/6/5 to

180 to 200 Medium dark gray medium hard 9/6/5 to

200 to 220 Medium dark gray hard 9/6/5 to

to to

to to

to to

Remarks:

DL Form 06/24/2004

>., I

" •

Constant Rate Pump Test Date: 1/20/2006

Project: Dry Gulch Flats State Well #: 0521-10 Depth (Below Ground Surface): Elevations (Mean Sea Level): Solid Casing: 100' Perf Casing:100' Ground Surface: 381.76' Total Depth: _ 200' Top of Casing: 383.05' Depth to Water:78.97' Bot. Solid Csg: 281.76' Bot. Perf. Csg: 181.76' *Remarks: taken from top of casing Bot. of Well: 181.76' Static Water Level: ;3,0-2:79' ~L', ,

Test Pump: Drawdown Measurement: ~r ::. <:-

Type: Grundfos Intake EI(msl): 234.05' 0 Manometer 0 Pressure Gauge ~ Elect. Probe Discharge Measurement: DrJ Flowmeter 0 Other:_ Begin Meter: 56732 ~._.- ",

Present At Test: Robert Malone, Royden Yokoi End Meter: t •.. jf... 3~~7:6/~1 c.; 'v \ )

Elapsed Date Pumping DTW IIJIIIIIlI- Observed Temp ~s,/ time & Rate Below ~ D rawd own

./

(min) Time (gpm) Monitor t-+ (msl) . (feet) Point \,)4I\~er \ell<?\

-30 0

-20 0

-5 0 70F

0 1/20;12:00 250 80.26 302.79 Chloride 15 mg/L

5 10 1120;12:10 250 101.62 281.43

15 20 1/20;12:20 250 114.18 268.87

25

30 1/20;12:30 250 119.99 263.06

35 40 1/20;12:40 250 122.46 260.59

45

50 1/20;12:50 250 124.85 258.2

55 60 1/20;13:00 250 128.42 254.63 PULL SAMPLE

70 1/20;13:10 250 129.72 253.33

80 1/20;13:20 250 131.34 251.71

90 1/20;13:30 250 131.52 251.53

105

120 1/20;14:00 250 134.4 248.65

150 1/20;14:30 250 135.59 247.46

180 1/20;15:00 250 135.73 247.32

210 1/20;15:30 250 136.59 246.46

240 1/20;16:00 250 136.71 246.34

• .... I ,

Constant Rate Pump Test

Elapsed Date Pumping DTW ~ Observed Temp Remarks

time & Rate Below Drawdown

(min) Time (gpm) Monitor 1£ (feet) Point u e

270 1/20;16:30 250 136.82 246.23

300 1/20;17:00 250 137.21 245.84

330 1/20;17:30 250 136.7 246.35 \. PULL SAMPLE

360 1/20;18:00 250 136.68 246.37 I

390 1/20;18:30 250 136.67 246.38

420 1/20;19:00 250 136.67 246.38

450 1/20;19:30 250 136.36 246.69 ,

480 1/20;20:00 250 136.69 246.36 ,

PULL SAMPLE

510 1/20;20:30 250 137.34 245.71

540 1/20;21:00 250 137.32 245.73

570 1/20;21 :30 250 137.33 245.72

630 1/20;22:30 250 137.54 245.51

660 1/20;23:00 250 137.35 245.7

690 1/20;23:30 250 137.39 245.66 PULL SAMPLE

720 1120; 24:00 250 137.65 245.4

780 1/21;1 :00 250 137.64 245.41 PULL SAMPLE

840 1/21 ;2:00 250 137.6 245.45

900 1/21 ;3:00 250 137.45 245.6 PULL SAMPLE

960 1/21 ;4:00 250 136.98 246.07

1020 1/21 ;5:00 250 136.72 246.33

1080 1/21 ;6:00 250 136.9 246.15

1140 1/21 ;7:00 250 137.12 245.93

1200 1/21 ;8:00 250 137.32 245.73

1260 1/21 ;9:00 250 137.41 245.64

1320 1/21;10:00 250 137.34 245.71

1380 1/21 :11 :00 250 137.47 245.58 PULL SAMPLE

1440 1/21 ;12:00 250 136.99 246.06 Chloride 15mg/L

1500 1560 1620

.. )' f

...... , .

Constant Rate Pump Test Elapsed Date Pumping DTW DTW Observed Temp Remarks

time & Rate Below Below Drawdown (min) Time (gpm) Monitor Ground (feet)

Point Surface

PULL SAMPLE

PULL SAMPLE START RECOVERY

0 Start Recovery

1 2 3 4 5 6 7 8 9

10 1/21;12:10 99.62 283.43

15 20 1/21;12:20 98.41 284.64

25 30 1/21;12:30 97.62 285.43

35 40 1/21;12:40 94.11 288.94

45 50 1/21 ;12:50 91.64 291.41

55 60 1/21 ;13:00 89.24 293.81

70 1/21;13:10 86.34 296.71

80 1/21;13:20 84.21 298.84

90 1/21 ;13:30 81.87 301.18

96 1/21;13:36 80.34 302.71

1/22;0800 80.76 302.29 80% recovery ?

End Test Date: 1/21/06 @ 1336

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• • • • 10

.'. .10 ...... .10 ..... . . '. .. ..... .' ... ... . . . . . .. ' lit. .. ' • ..

WELL ELEVATION WELL # 0521-10 WELL NAME: DRY GU

OWNER: TONY LYDGATE

T.M.K.(4)4-4-4 :

BENCH MARK USED: Cl MONUMENT AT INTERSECTION OF HAUIKI ROAD AND KIN I PLACE. ELEV= 347.80', TAKEN FROM ROAD CONSTRUCTION PLANS.

••

"

• ') I ~ o o

AECOS, Inc. 45-939 Kamehameha Hwy., Room 104 • Kaneohe, HI 96744

Telephone: (808) 234·7770 • Fax: (808) 234·7775

CLIENT: Valley Well Drilling 91-235 A Oihana Street Kapolei HI 96707

ATTENTION: Tracie Sober ~ 682-1767 fax: 682-1768

FILE No.: REPORT DATE:

PAGE:

AECOS REPORT OF ANALYTICAL RESULTS

2006 02/02/06

1 of 1

SAMPLE TYPE:

DATE SAMPLED: Water 01/20/06, 01/21/06

AECOS LOG No.: 21370 DATE RECEIVED: 02/01/06

Chloride ANALYTE (mg/L)

(UNITS) Anal ysis Da tel 02/01106 nv

Analyst ID ¢

SAMPLE ID.!J.

Dry Gulch Before After

15 15

J. Mello, Laboratory Director

· \ " ..

IIC~'=~~Q' ~ Services INC.

An Employee-Owned COfTIpBny

www.caslab.com

CHAIN OF CUSTODY/LABORATORY ANALYSIS REQUEST FORM 6925 Canoga Ave.· Canoga Park, CA 91303· (818) 587-5550·800-695-7222 x02· FAX (818) 587-5555 PAGE _-'-_ OF _-+-__

SR # • CAS Contact

\ -

r.p:ro=~·e=~~~t,~~a=m~e-r--__ I--II'-r-'--'I-------------------r.p~ro=je=ct~N~u=m~be=r---------------------------r-----------------------------------------------------------------------------------------,~ •

Vk I \:1 VI L.Iv n ANALYSIS REQUESTED (Include Method Number and Container Preservative)

Report CC PRESERVATIVE

¥A PO Lf \ \.\- \ Phone # b ~1-11tJ 1-Sampler's Signature

CLIENT SAMPLE 10

AfTe~

SPECIAL INSTRUCTIONS/COMMENTS

SeeQAPP D

FAX# furl "1:t~Z Sampler's Printed Name

SAMPLING LASlO DATE TIME

'l·ll-O~ IZoO

MATRIX

en a:: LU Z

~ Z o U u. o a:: LU 00 ::;: => z

SAMPLE RECEIPT: CONDITION/COOLER TEMP: CUSTODY SEALS: Y N

RELINQUISHED BY RECEIVED BY RELINQUISHED BY

Signature 1~~ Signature

Printed Nam~GA U \/ V\ D N Cr Printed Name

Firm VN"V C~~ ..K/ Firm ,4f (;s7 -J:.MC. Firm

Date~I/~rfoo- Datemme ~ _ I} tfb IS2& Datemme

Distribbtion: White - Return to Originator; Yellow - Lab Copy; Pink - Retained by Client

TURNAROUND REQUIREMENTS

__ RUSH (SURCHARGES APPLY)

PLEASE CIRCLE WORK DAYS

1 2

-"-STANDARD

REQUESTED FAX DATE, _____ _

REQUESTED REPORT DATE ____ _

RECEIVED BY

Signature

Printed Name

Firm

Datemme

x

REPORT REQUIREMENTS

__ L Results Only

~ II. Results + QC Summaries (LCS, DUp, MS/MSD as required)

__ III Results + QC and CalibratIon

Summaries

I

__ IV. Data Validation Report with Raw Data

__ V. Speicalized Forms I Custom Report

Edata __ Yes __ No

RELINQUISHED BY

Signature

Printed Name

Firm

Datemme

I I Preservative Key O. NONE 1. HCL 2. HN03 3. H2S04 4. NaOH 5. Zn. Acetate 6. MeOH 7, NaHS04

8. Other __

REMARKSI ALTERNATE DESCRIPTION

INVOICE INFORMATION

PO#

BILL TO:

RECEIVED BY

Signature

Printed Name

Firm

Datemme

I

SCOC-0101-05

" o o\~%r~ Commission on Water Resource Management Pumping Test Analysis Report ~. De .. ""'."' of La" •• ". N.",,,, R .. ou~ .. ~ ~ State of Hawaii Project: Dry Gulch Flats

Number: 0521-10 ~.7

Client: sr~~(\

Location: near Kapaa Kauai I Pumping Test: Pumping Test 1 Pumping well: Well 1

Test conducted by: driller Test date: 1/20/2006

Aquifer Thickness: I Discharge rate: 250 [U.S. gal/min]

Analysis Name Analysis performed by Date Method name Well T [WId] S

1 New analysis 1 Kevin 4/13/2006 Theis Well 1 7.74)( 102 1.20)( 10.1

2 New analysis 3 4/13/2006 Papadopulos & Cooper Well 1 8.68)( 102 2.38)( 10.2

Average 8.21 )( 102 7.18)( 10.2

.

o o\~%r~ Commission on Water Resource Management Pumping Test Analysis Report ~. Department of Land .nd N.ruml Rnou",,, 1'\ State of Hawaii Project: Dry Gulch Flats

"-.71J! Number: 0521-10

Client: s~&"

Location: near Kapaa Kauai I Pumping Test: Pumping Test 1 Pumping well: Well 1

Test conducted by: driller Test date: 1/20/2006

Analysis performed by: I New analysis 3 Date: 4/13/2006

Aquifer Thickness: I Discharge rate: 250 [U.S. gal/min)

Time [min] 0.01 0.10 1.00 10.00 100.00 1000.00 10000.00

0.01

0.10

E' 1.00 ....

10.00 ~ I'----I--- . ..... -.

• Well 1

Calculation after Papadopulos & Cooper

Observation well Transmissivity Well-bore storage coeffi iRadial distance to PW

[ft2/d) [ft)

Well 1 8.68 x 102 2.38 x 10.2 0.25

... o\~Nw~ Commission on Water Resource Management Pumping Test Analysis Report ~\ Department of Lond ond Not"'" Res."",", j~ -l State of Hawaii Project: Dry Gulch Flats

Number: 0521-10

~~7 Client: sr~~

Location: near Kapaa Kauai Pumping Test: Pumping Test 1 Pumping well: Well 1

Test conducted by: driller Test date: 1/20/2006

Analysis performed by: time drawdown Date: 4/13/2006

Aquifer Thickness: Discharge rate: 250 [U.S. gal/min)

Time [min] 0.01 0.10 1.00 10.00 100.00 1000.00 10000.00

0.01

0.10 ~

~ E' ..... c

~ ~ 0

1.00 "C

~ ~ l'!! c

~ 10.00 ~ ~

~

• Weill

o\~~'" Commission on Water Resource Management Pumping Test Analysis Report ~. D.p ....... of La ••••• Not"", .... ""'"

~, State of Hawaii Project: Dry Gulch Flats g

Number: 0521-10 ,,~7

Client: St~~t-

Location: near Kapaa Kauai I Pumping Test: Pumping Test 1 Pumping well: Well 1

Test conducted by: driller Test date: 1/20/2006

Analysis performed by: Kevin I New analysis 1 Date: 4/13/2006

Aquifer Thickness: I Discharge rate: 250 [U.S. gal/min]

Time [min] 0.01 0.10 1.00 10.00 100.00 1000.00 10000.00

0.01

0.10

~ ..... c:: ~ 0 1.00 "0 ~ ns ~

C

~ 10.00 --r-------r--- 4, .dIIII __

100.00 • Well 1

Calculation after Theis

Observation well Transmissivity Storage coefficient Radial distance to PW

[ft2/d] [ft]

Well 1 7.74 x 102 1.20 X 10.1 0.25

o Commission on Water Resource Management Site Plan Department of Land and Natural Resources 1----------------------1 State of Hawaii Project: Dry Gulch Flats

r--------------------4 Number: 0521-10

Client:

Location: near Kapaa Kauai Scale 1:100

o·s------o's

---O'L

C> ~~.

9,0

Map Origin [ftl X: 0 Y: 0

o IJ)

o. ~

o f'r)'

Commission on Water Resource Management Wells Department of Land and Natural Resources 1---------------------------1 State of Hawaii Project: Dry Gulch Flats

~----------------------------------------_i Number: 0521-10

Client:

Location: near Kapaa Kauai

Name B [ft)

Well 1 0.5

o o 0' ~ftt.tr~ Commission on Water Resource Management Pumping Test - Water Level Data Page 1 of 1 rti!iit: De .. _n! of Land .nd N ... ", ... ou ....

~ ~ State of Hawaii Project: Dry Gulch Flats &

~~7 Number: 0521-10

Client: S~i\'

Location: near Kapaa Kauai I Pumping Test: Pumping Test 1 Pumping well: Well 1

Test conducted by: driller Test date: 1120/2006 Discharge rate: 250 [U.S. gal/min]

Observation well: Well 1 I Static water level [ft]: 80.26 Radial distance to PW [ft]: -

Time Water Level Drawdown [min] [ft] [ft]

1 0 80.26 0.00

2 10 101.62 21.36

3 20 114.18 33.92

4 30 119.99 39.73

5 40 122.46 42.20

6 50 124.85 44.59

7 60 128.42 48.16

8 70 129.72 49.46

9 80 131.34 51.08

10 90 131.52 51.26

11 120 134.40 54.14

12 150 135.59 55.33 I

13 180 135.73 55.47

14 210 136.59 56.33

15 240 136.71 56.45 I

16 270 136.82 56.56

17 300 137.21 56.95 I

18 330 136.70 56.44

19 360 136.68 56.42 I

20 390 136.67 56.41

21 420 136.67 56.41 I 22 450 136.36 56.10

23 480 136.69 56.43

24 510 137.34 57.08

25 540 137.32 57.06

26 570 137.33 57.07

27 630 137.54 57.28

28 660 137.35 57.09

29 690 137.39 57.13

30 720 137.65 57.39

31 780 137.64 57.38

32 840 137.60 57.34 I I

33 900 137.45 57.19

34 960 136.98 56.72 I

35 1020 136.72 56.46

36 1080 136.90 56.64

37 1140 137.12 56.86

38 1200 137.32 57.06

39 1260 137.41 57.15

40 1320 137.34 57.08

41 1380 137.47 57.21

42 1440 136.99 56.73 .-

o 0 THEIS DRAWDOWN CALCULATION by Glenn Bauer & Roy Hardy with numerical approximations by Huntoon (1980)

FILE NAME = TEST NAME = DATE =

INPUT PARAMETERS

Transmissivity Storage Coeff. Time Pumping Rate

Radial distance, r (fl.) from well

1 10 50

100 250 500

1000 1500 2000 2500 3000 5000

10000

OBSERVATION WELL

Dry Gulch Flats 0521-10 Transmissivity calculated from step-drawdown test.

Jan-06

GREEN VALUES

T= 820 S= 0.070 t = 3,650 Q= 11,551.0

u W(u)

5.847E-09 18.4 5.847E-07 13.8

1.4617E-05 10.6 5.847E-05 9.2

0.00036544 7.3 0.00146174 6.0 0.00584698 4.6

0.0131557 3.8 0.02338791 3.2

0.0365436 2.8 0.05262279 2.4 0.14617441 1.5 0.58469763 0.5

/ fI</day dimensionless days flo/day

Drawdown s (fI)

20.60 . 15.44 11.83 10.28 8.23 6.67 5.12 4.22 3.59 3.10 2.71 1.67 0.53

Aquifer thickness Hydraulic Conductivity Pumping rate

b= K= Q=

150 fI 5.47 fIIday

60 gpm 0.086 mgd 0.134 cfs

·----~~:;~curve s ~:~-r-@ ti~e-t~~-------I

30 r 25 ~----- .. -----.. ~--. ·-~-----1

r: -----.-.--. ~~~~ .. ------I '

I

I I

~1:L~ _J I

10000 I 8000

!

Radial distance r from pumping well 5280 fI l _____ 0 ~~_20_0.0

4000 6000

distance r (ft) .. ___ ..I

Timet days years u W(u)

0.1 0.00 5,949.66 #NUM! 1 0.00 594.97 6.83E-262 2 0.01 297.48 2.137E-132 3 0.01 198.32 3.7181E-89 4 0.01 148.74 1.6869E-67 5 0.01 118.99 1.749E-54 6 0.02 99.16 8.5957E-46 7 0.02 85.00 1.4213E-39 8 0.02 74.37 6.6692E-35

10 0.03 59.50 2.3952E-28 36 0.10 16.53 3.8025E-09

200 0.55 2.97 0.0134732 500 1.37 1.19 0.16095903

1000 2.74 0.59 0.45901518 2000 5.48 0.30 0.91192647 5000 13.70 0.12 1.66701822

10000 27.40 0.06 2.30324366 20000 54.79 0.03 2.96729621 50000 136.99 0.01 3.86592254

100000 273.97 0.01 4.55314657 ~! 11111 .... '

Drawdown s (fI)

#NUM! 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.015 0.180 0.515 1.022 1.869 2.582 3.326 4.334 5.104 ..

I" I

30.0

25.0

520.0 en c:

I ~15.0

~ ~10.0

1J

5.0

0.0

Theis Curve s vs t @ observation r

1 --.. -~- .... -------..... -. --- '--1

•• • o

50000

---I ·-+---..... ---t

100000

time t (days)

150000 200000 .

Theoretical drawdown a mile (5,280 fI) from the pumping well when u=<0.01

T= Sp. yield = t= s=

-------_ ... _ ......... __ ....... .

820 WId 0.07

100000 days 5.099 ft.

LINDA LINGLE GOVERNOR OF HAWAII

STATE OF HAWAII

Q

DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

Ms. Tracie Sober Valley Well Drilling, LLC 91-235A Oihana St. Kapolei, HI 96707

Dear Ms. Sober:

HONOLULU, HAWAII 96809

December 14, 2005

PETER T. YOUNG CHAIRPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA

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

STEPHANIE A. WHALEN

DEAN A. NAKANO ACTING DEPUTY DIRECTOR

Ref: 0521-lO.let

This is in response to your December 5, 2005 facsimile, informing us that the Kauai Department of Water is requiring a 250 gpm pump capacity for Well No. 0521-10 for fire protection purposes.

Because the Certificate of Pump Installation Completion will establish the acceptable pump capacity for this well, based on the results of the pumping tests, we will not need to amend your application nor issue a new pump installation permit for the higher 250 gpm capacity pump.

However, the constant-rate pump test must be run for a minimum of24 hours. If the well is to be a public water system well, the pump test must be run for a minimum of 96 hours, in accordance with the Hawaii Well Construction and Pump Installation Standards.

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

LYN:ss

Sincerely,

w.frH 1'z.

DEAN A. NAKANO Acting Deputy Director

.. -­...

c Lenore Y Nakama/DLNRIStateHiUS

"" 12/13/200501:19 PM

To Tracie Sober <[email protected]>

cc

bcc

Subject Re: Pump Capacity and Test for 0521-10~

Ok, we won't need to issue a new pump permit, but the pump test has to be run for a minumum of 24 hours. If the well is to be a public water system well, the pump test must be run for 96 hours. We'll send a letter to that effect in response to your fax.

Tracie Sober <[email protected]>

yes. Thanks, Tracie

Tracie Sober <[email protected]>

12/13/200512:51 PM

To [email protected]

cc

Subject Re: Pump Capacity and Test for 0521-10

At 09:02 AM 12/13/2005 -1000, you wrote:

>Hi Tracie, > >Got the fax w/an amended application to increase capacity from 60 to 250 >gpm. Just to clarify, are you proposing to outfit the well with just one >250 gpm pump?

12/05/2005 11:39 saS582175S VWD HI PAGE 01/10

~";

, ~.,:::,'.' \" . :' ; '. '", .

':i::, "r; .•.•. :J: .. "1 '"

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

Valley Well Drilling, LLC

To: Lenore From: Tracie Sober

Fax: 587-0219 Pages= 10

Company:DLNR-CWRM Date: 12/512005

Re: Dry Gulch Flats Well # 0521-10 ec:

o Urgent D For Review o Please Comment 0 Please Reply 0 Please Recycle

• Comments:

Lenore,

The owner of the Dry Gulch Flats Well # 0521-10 has been told he needs to have the capacity af his well at 250gpm for fire protection. Attached is an amended well construction permit application showing the 250gpm required for 120minutes, capies of the well & pump permits, a copy of the letter from the Kauai Department afWater and the 250gpm/120min pump test

91-235A Oihana Street Kapolei, HI 96707 Phone: (808)682-1767 Fax: (808l682-1768

DEC-05-2005 11: 35Rf'"1 FRX: 8086821768 ID:DLNR CWRM PRGE: 001 R=95/;

12/05/2005 11:39 @085821758 Vl ... m HI PAGE 02/10

PUMP INSTAl,LA.TION PERMIT Dry Gu.lch Flats Wdl, WeD No. 0521-10

fiptl?,: This ul!rmit shall he pr(!lflinentlv displ"Yed (1.t the sitl! until the w9rk is c.ofllplrl4?il

In accC);t:dao.ce with Department of Land and NatUIal Resources, Commission on Watr:r Res()urce Management's Administrative Rules, Section 13.168, entitled "Water Use, Wells, and Stream Diversion W errks", this docmnent pen:ntts thE: pump installation for Dry Gulch Flats Well (Well No. 0521-10) at T.MK. 4-4~04:028, Kauai, subj~. to the Hawaii "':ell Construction St. Pump Installation Standard» (HWCPIS - February 2004) wbicb mc1ude but are not lirojted to the followmg

conditions:

I.

2.

3.

4.

5

6.

7.

9.

10.

II.

The Chairperson to the CommiSsion ()(l Wafer Resource MilIlagement (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weel<s before any work covered by this pennit commenccs and staff shall be allowed to tnspect installation activitjes in Qccord31lce with § 13-168-15, Hawaii Administrative Rules

No withdra.'NSl of water shall be made other than fOf testing until a Certificate of Pump Installation Completion hIlS been issued by

thE Commission.

TItl" pcnnit shall be ptQmj"ently displaytd, or made available, at the site of construction work until work is completed.

The pump installation pemrit snaIl be: for installation (If Il 60 gpln rattd capacity, or less. pump in the well. This permanent capacity may be reduced in the event that the pump test data does oot support the capacity.

A water-level measurement aLcess shalt be pel1llancntly inst<illed, in a mannef acceptable to the Chairperson, to acctlfately record water level!;.

The pe.rro.ittee ~baJ1 install an approv~ meter I)r other a.ppropriatl: mean~ for me3.!;l1ring and reporting withdrawals and appropriate d"vices or mean;; for measuring chlorides and temperature at tb., well head.

Well Completion ~eport ran n snail bo:: ~ubmittcd to the Chaitperson within 60 days after completion of WQrk. This {oon c<ltl be obtained by co:ntactir.g staff or OJ) the internet at \>.oww.hawaii.gov/dlnr/cwnu.

The penni-tlee, well operator, and/or well owner sh:dl comply with all applicable laws, roles, and ordinances, and non-compliance lrUly be grounds tQr revocation of this permit.

The pump instaU::>ticm pen:ojt application and any relatoo ~taff submittal appmvod by lb.e Connni~silm are incorporated into iliis penni! by reference. This peu:mt is also subject to the I-tWCPIS. lfthe HWCP[S are not fullowed arid as II consequence water is wasted or contaminated, a lien Oil the PT(lperty m~y result. MY vaTI8.t\ceS from the HWCPIS shall be approved by the Chai1person pliol' to iuvo«mg the variance.

The work proposed jn the pump installation pennit application shall be completed within two (2) years fi'om the date of pennil approval, unless. othawise specified. The permit may be ~tcnded by the Chairpe:tson uPQn a showing of good cause and good­faith perfonnance. A request to extend the permit shall be submitted to the CballJlersoo no later than the date the permit expires.

The permittee, its successors, and assigns shall ind£JTII\ify, de(end~ and hold the StBte of Ebwaii hatmless from and against any \05S.

hability, claim. Or dem:iU:ld 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. /)/' relating to or connected with the granting of this permit.

Spl';cial conditions in the attached cOVe(" transmittalletteI' are incorpotated herein by reference.

WhH ~

Date of Approval: July 13,1005 July 13, 2007

PETER T. YOUNG, Cllairperson Commission on Water Resource Management Expiration Date:

l bay/! read the conditions and D!rmS IIf tbas pen»~[ amI uuderstand tb£I)J. I ,u;cept and agree to meet these conditions ll!; a pl'el'eqlli~ite and unclerly~ng comlj~on of DIY abIlity to proceed ~pd ~nderstll.nd that I sball Dot comroellC-e work until J and the Pllmp jn~tllller bave signed, da~d, IID.d returned the permit to the Commission. I nnderstand that this penoit is not W l)e transferred tf) allY other entity. l also understand tbat DOO-~()IDpllanc" w~tb a.ny pel,"mit condition may be grounds fet revocation 3.nd fino;5 (If up to S5~OOO ~t' day sta.rtlng from tb.e permit elate of approval.

C57. C-57, C·57a, or A License #: 24947 Date: iII/oS

Printed Name:: Mike Sober Finn or Title: Valley Well Drilling

P/ .. a:;1l siGn hoth £opie.s of this p",.".d, return OHe to thlt Chairpus.m., lind rt!la.in the. lither fli' YOUT Te.cordt;.

DEC-05-2005 11:35RM FR><: 8086821768 ID:DLNR CWRM PRGE:002 R=95%

12J05/2B05 11:39 .8085821758 Vl~D HI PAGE B3/10

,--- -" .... __ .... ,",.~,,)-;/ .~ .. /

WELL CONSTRUCTION PErum:T

Dry Gulch Flat.s Well, Well No. 0521-10 NoM' This permit shall beprominently displayed at the. construction site until the wark is completed

In accordance with Department of Land and Natural Resources, CQo:urUssion on Water Resource Management's Administrative Rules, Section J 3·168, entitled ''Watex Usc, Wells, and Stream Diversion Works", this dOCllOlent pennit:l the tonsuuction and testing of Dry Gull:b Flats W~JI (Well No. 0521-l0) st TMK 4-4-04:028. Kauai, subject to the Hawaii Well Construction &, Pump Installation Standard5 (HWCPIS - February 2004) which include but are not limited to the following conditions:

1.

3.

4.

s.

6.

7

8

9

10.

II.

11

13

14.

15

The ChallEors(JfI oj Iil~ Comr:ni~sioo on Wll~r ResouTc~ MBTlagerne(lt (Commission), P.O. Box 621, HO!lOIIJ)u, !"fl968<>.9, sh~l! b~ notified, in writing; at ka:;l t:wu (2) weeks be(i)re any work authont.ed by thIS permIt comm~oes and 5bff ~iJ ... lll.J", allQWEd tQ I[lspect ln~Uatl(lJ) actiVIties In accordance WIth § 13-\6&-' 5, Ha"'laii Administrative Rules.

lhi. penni! shall be prominently displayed, or made availabk, at the 5i~ of construction .wrk until work is complet£J!.

Thil w~ll C011Structi(lll p~jt shall be for ConSll'UCtiOll and testing of me well only. The pamittee shall coordinate with 1he C\lairpersoo :md ~duct a putr:q)ing ttSt if) accordance: with the H:WCl'lS (tho; la~t fl)r\1p. ~~t w()fk~h~ call be OOtalJleQ by C()(tlaCM8 CIJiflI'J"llSSlO1l sWf or .. t -www.b;lwaii.gov/dlnr/cwrmlfottlu.htm). The permittee shal 5ubIDlt to the Chairpenon the test )"ES\1!ts.3$ a b'ilSls for sUp'pating;m llP{>lication to install a pcnnalient pUIlJJ.· NQ pCfTTlO.ncnt P""'P """Y 1;)e m"blJed un"! a P"'~ installarion pennit i. awoved iU)d 1S""€<! by tile CbaiJper5oo. Nt> withdrawai of watc; shall be mad~ fbr purposes otlJ~ [nan testing witllout a Cmi6care of Pump ln~tallaticm Comp.l~ion. The pcmJitted pump capacity described on the pump in~\alM;<;m p~rmit may be ~duced in the E:VeIlt that the pump toes! dOell not support tht capaCIty.

In .,..."...1 sround ....... t .... , the dey to of the well rnaynolexccwone-fourth (l/4) of the theoretical thicko_ (41 times initial head) oftbe b3$oJ ground 'M(ter ~nl;;:;~ olhe!W1se autilociud by th~ Chai1:pwoll.

The p~.'tmiltee sh$]J incmpocate miliganon measuru to prevent <;,ouslluctic;rn dehl:i~ trom rmErins the aquatic enviT01lmellt, to schedule work Ix) avoid petillds of }ngh talllfull, and ~o reveg.;~te ~y cl~roo ~ as soon a~ pOSSJOle.

In the eve!lt th~t subs\lrface cultlmd remains such as anifacts, bUr1:l1s or ConCl!lllflltions of sJJells or c;h~O:i\1 are encountered during cOIlSlruction, the pcmnittee shall stop work and immediately Contact the Derartme:nt of Land and Natural RellOuroe~' Olvision of Hislx)nc Preservation.

The pttJpos.;d wen consnuctiOn snall not advllI<lely affect c:>.:jsting or future legal uses of WIIter in the area, induding any surface M.ter or estabJj~hod instrcam tlow ~t<lnclard5. This pemllt or the autilonzatiOf1 to construct tbe well shAll notconstirute a detemlinalion ryf correlative WlIterl'lgi)t...

Th~ Well Cornp)Ct1<:m R"!'o/t Part 1 ~ha\l be subrnitkd to tho!: Chairperson witbil1 .siJl.ty (60) Qay,l a1ter oo1ll'letioo of work (please contact s1a.ff or visit www.hll'IVaii.gtrvfallltf(;WrmJfClrm~.lttm tOT' current fotm).

The pe{lTlittc=c ~hall comply with all applicablc law~, rules, and on:Iin.m'~; non-complionce may 1)£ groupds for revocation Of tl1is pennit.

n'G wt:ll c(m~tru(.tiotl permit IlPl'iication ",!d iU1;Y rdaa:d ~tdf ,ubmittal approved by the CDTl1JTlj~ion are incOlporated ir.to l1lij petnlJt by refq""ec. Thi~ p£JTJlit IS also subject to the HWCPIS. If the WWCPIS Qfe not fOllowed and as ~ rons~u~ \MIter I~ wasted or cOlltaminated, a 11l1li (In tho: property \113,Y rl!$u". ,4,JJy vanances from the RWCPlS ~hall hI) a~ by the ChOJtpCT:5on pnor to mvcklng!he vananae.

The work prt)po$tKI jt) the ~ll totlsttuttiol\ p~t Iippli"lOtion .haIl b~ mllJ'lt:k.d witl>jn two (2) y~ from the dl\tc of pc:rmit approval, ufll""s odl~~C sp€C)fied. The pemllt may be extmded by the ClI31rpefSOIl tJtlO!I a shOWIng of good caus~ and goOd-tit.ltl! pmonnmce. A request to eJ(t"lld the permit shall be submitted tQ thE: ChaiJpet'SOI1 no I~kr th~n th;. d.llte the perll1it expires.

If the well i~ nO! !J:J be use.:! it fJ))lst be ~l:r capp.:.::L If the weI! is to be abando,,€<! duoog tJ>e course of the project then .he perrl1itteo: must ~pply for a well a.bandOl)mcJ1t permit in accordance witl) §13-16IHZ«() prior to any well sealing or pluggfng work.

!he permittee, its successors, and assigns shall ind<mJJ1ify, defend, ~fld hold the S~tc Qf Hawaij lwrnl<;:ss from and again.t any I<lSl>, liability, claim, or demand tor property damage. pElSonallDJury, or death ~1Stng ou.t of allY. "", or omiSSion of tlle :'!'ppli<;<mt, 'l$signs. officen;, ~loy£eS, eon1:lllctotS, :md agent. under ti')i$ penna or relating to or connecll'!d WIth the grantmg of th,S p;mIIt.

This permit shan apply to the location shOW!) OIl the application Qflly. If the well is to be relocated, the pcunifu:e sIJall apply fur a new ..... -cll coostrUction/pump m~n:JtlOil pemut In accordance WIth HawlI1J Adrrnnlstr1ltlvc Rule!> § 13-168-12(f).

Special cooditiOlls in thil illlilched cove, mmsmitlBlletbll: are i[lcQrp()Tll.WJ henin by reference.

W.hH ~

Date of Approval: July 13, 2005

Expiratl<)llDate: July 13, 2007 PElER T. YOUNG, Chairperson Commission on Water Resource: Management

I have read tbt: i:onditioos and terms of this permit and understand tb~ro. I aecel;Jl and agree to meet tn~e (()nditions lIB a prerequisite and ullderlying o:onditiol1 of my ability to pr()e~d and unde~t:'4.n(l tb~t (shal1 not commence work Qntil r .... ve signed, dated, and rdu.rned the p~rmlt to the Commission. I understand that this pennit is not to be tnlllSferred to any other entity. I also uud.erstaild that non-compllll.n~", with. allY permit condition may be grounds for re.vocll.ttoJ) ,. .. <1 find of up to $5.000 per day starting from the pennit date of approval.

c-57 License #: CS7-24947 Date: <&Lt 105. Driller', S,gnature: ~ Pnnted Name; Mike Sober

.~~~~~-----~~--~-------------------Firm or Title: Vall!!), Well DriJli.ng

Plea~/l sig,. bot/; CQpi~ (If this p~".iJ.; .rdUm one t() the Chairperwn, and rtrain the. other for your riMlO'-Js.

Attac.hm€11t

DEC-0S-200S 11:3SRM FR><: 8086821768 ID: DLNR CWR~1 PRGE:003 R=9S%

12/05(2005 11:39 8085821758 VIAiD HI PAGE 04/10

STATE OF H~AII DEPARTMENT OF LAND AND NA ruRAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT

APPLICATION FOR A WELL CONSTRUCTION I PUMP INSTALLATION PERMIT

Instructions: Please print in ink or type and $<)>>d Cilmpleted appllcat.m with ,;!tachments to the CommiSSion on Water Rm;ource Mon"gem,,",. P.O. ~cx 621, Honolulu, H3Wai, 95809. Application must be ac<X>mpanied by 10 copies and " "Ctn·refundable fl,ng fee of $25.00 payable to the Dept. of Land and Natural Resources. The CommIssIon I'n~y not accept Il'I.complele applicatIon:s. foar a:sslstan~1 call the Regulation 6ranctJ at 587-0226. For r",I1,,,, information and updates to Ih'$ application form, vis~ hllp:llwww.hawali,g(lvldlnr!cwrm.

WELL LOCATION INFORMATION

Fo';Official Use Only:

T:-'I{t foliDwing must be ~ed before thii:; ~OO;IC..;ttio[l i~ sc.ceptad as ('.(I,,:,Plete: • Portion of H-MiOtJte S~"e. USGS 1<lpogr.p~l< ""'P 1=19 1 24,000) 1>11h welliccafion laMIe<) and Include t/le name ofll16 qUa<! mop • p(';)j:::ect.,. 'ax map, ::;I1O'Nir19 wellloC8tro!i ~~ncQd"to established ptOIWrw boundaries • Pnot~"'p/l cfthe proposed _II Bill> .A 3Cr"lemRtrc dragl'am :.hoWrng th~ '..val SilS, 2lIXS5S roao (jnd ~osed well trrrte:;>tn .. u:;lurB:

5;~l~E:~OR'L1~~r~NY l;l:;1~1;tv i~~OW~NA~~Mi~w i~~~~ 1'1011 Opern\oT's Mailing M<ir!;!lS " Land(Mne~s Mailing AdOillM

02'6 -Poi.:

I Wojl Operator's E-mail LandCllM1efS Pt100e IlandCM11er" Fax

~ntr(ll'\occt®'fXiWl .{1 'I Il.ndowners &111.,1

PROPOSED WELL CONSTRUCTION PROPOSED PUMP INSTAL.LATION fyproP-OOO-d-,-Woc:c-"7rk-------.---:r;:-. -=c-on-$""v-v-ct""lo-n"""'To-y-p-e-l1-,.,1 o'-"p",-o'p"'o=-=':-ed--=W""o-r7"k --r1~1'-, ""p"'-ro:-:p-o-.e-d7"P;:-u-m-p~i-ng-"R"'ate:-:-, -=-gp:"":m::--'-:1"'3:-. "'M'e'"'lh-o"""'d-I)""f fl"'ow~m-e"-as:-u-:re:-me-n-:I-l

,6l COflStruct New Well g; Orill~d il In$lall New Pump (gallons per minute) . Ji1f Flowmeler :J ModifyEx"tingW~11 [j Dug 0 Replace Pump 1J;:,0 ill{) m\l1. 0 Op.,nPip8

o Abandon/Seal Well 8 ~~~~I ~i::=I~~:;(~~~~~! per day) ~ ~;''oo «. 1""'5 well part of a batlery of wells? 0 Yes 5l No

o Other (explain)

14. Proposoo Surveyor oaTIIQ and I;~en,.(! nUl11b&r (a surveyor is required for all Well ConslJ'uetion Pemlits ana may be required tor scm .. P""'P Inst.lll;;ltion Permits)

PROPOSED USE

DIs. Municip;;ll (water ~Y"tems """"flg greate' then 25 Individuals or 15 ."rvlce connections)

$I 16. Domesnc Numberofu"~S10beserved: I t rillE f1f:rrB:;nON

~D=-·'~$~,~lmg~a~t'o~n~(d~~~r~lb=e~~~o~p~.~nO~n~o~.o=f~~~c~~=$~; ________________ . _______________________________________________ . ________ -1

~_19. Military Idesorib~)

o ~O, Olnar (oescribe)

OTHER LEGAL REQUIREMENTS If requirIKI, items 21. end 22. must be DlYtained b{lfcra the CommiSSiM can ",gaily issue .. per'tlli1:

21. Coos"rvalion District Use Permit <COUP) o Required, COUP # date approved ___ _ ~ Not ReqUired (<>ttach documentaton from OCel) o I h .. e not cheCked with OCel about whether or nola CDUP is required, I undera\aod thaI checking wijh OGCL prier to ""'king th", ~pplltatjon "'ill

"l'pedile my review. I further undelstand lhat Issues raISed by thiS agency may del.y or resu~ in denial of the pemmt iosuance_ or revocation of the perm,t after rt ;. i$$uQd.

2.2 Spca~ial MoJrlQgement Area Porm1t ($MAP) C! ReQ"iflld, SMA It dOlte approved ~ ___ _ ~ Not RGquiret-;! ~f.rt.te.d1 documentatIon from apPl1cable County .:;I~BnGY) C I Mve hilt checked wlth me oounty aboul wI'Iether or not an SMA Permit IS required. I understand that dlecking wilh the County prior 10 making Ihis

application w~1 e'pedt.e my r"vlew I furtMt u~\I .. rstand that issue~ ,.iEad by this agel1CY ....... y d .. lay Df result in deno~1 of the pam"t ISsuance, or revocatlon of the permit after it is lssued.

23 Historic Pmservation Division (HPD) of the Departroent of Land and Natural Resource:; o I have consulted wllh the HPD regardi~g polential impacts olwell constructlDo aetiv'rjjes on hi,tone giles. I have aHached applicalJle documentation

fmm lh~ HPD. C I haVle no! con.uned w~h Ihe HPD r"gamlng potenUal impacts ofwell cc>nstmClion activiti ... 0" hislOn" .tt .... I und .. ,sland thai ch""~in9 w~h the HPD

prior 10 making thiS apDlicatio~ willexpedtte my revi!!W. I further understand Ih~llssues raised by this agency may del~y or ",.ull in denial of the ""rmit Issuance. or "'V(Jc~\lon 01 the perrnrt after it is issued. Additionally, th", hi'<looy of pa&jland use IS att.CM~.

AOdll,ollal rem;;;lrk.s, expl~nat~onSi. etc.. {attach additionalaheet rf morG ~;;K:~ is needQd) 1 ~ Et flv'\ ~~, v::..EV

MvlENI)IJIE-NT fO OR'~\AAl N8l- C(JN~TR\!IOl()N kepJ .. ~-noN fo~ ~1V.e- ~Ec0oN NOTE: Signing below indicate. that the slgnalOnes uoderst&M aM swear thol the Infurmallon provided;" accurate and true to the best 01 Ih"" knowledge. Further. the slg""torres unoe~tand Ihat upon "ell'llit ~ppfr)val 1) Ihe proposed wort is to be completed within two (2) yeal$ af the approval date; ~) Ih~ wntraclor !;hall $ubm~ 10 Ihe Comml$Slon a well completiooiabandonment report within 60 days after tile completion date of 1he permitted wOrk; 3) ,n tM event that the application;" not completed "oereotly, any permit may be suspended unlit the ,j""' is brought In to c"",pllance. "nd any work dOne while Ih .. pGnmt is in suspension may resun in fines of up 10 $5000Iday. 24. WELL DRILLER (""~$\ b. filled out if application is /orWell Construction)

Valley Well Drilling, Lie 24947 Licensee OU$I"r.<SS name

1J~ (~11tue--SgneturG

9' -235A O:i.hana St. Address

~C~·5~7-L-'~-n-.-a~N~o.------

Tracie Sober print

Kapolei, HI 96707

682-1767 682-1768 [email protected]~t

Phone E-mail

DEC-OS-200S 11:3SAM FHX:8086821768

25. PUMP IfIIS'T ALLER (Must 00 ""eO cut d .pp!iCallOn Is ror pump I",lalla"'n)

Val19Y W9ll Drilling, LLC 24947 Uoensee busiml:s~ n~me C.S7/C-f>/aIA License No

fZ.)'::;'/!?:> Date

Tracie Sober Print Signature

91-235A Oihana St. Kapolei, lIT 96707 Acldra!>S

682-1767

Phone

682-1 768 [email protected] Fax--------- E-maIl

'rNCPI Application Fonn 05/12/2005

I D: DLHR G~R~l PAGE: 004

12/05/2005 1):39 8085821758 IJWD HI PAGE 05/10

'II 1F-0621-l0 "

PROPOSED WELL SECTION (Plea"" attach SChem9t/c If different from eJI/ilfJram provided below)

Hala O,ameter. ~In.

Eievatlon at top of C3s1n9 __ ft. rm'· _~i __ . _____ Minimum of 2' Rad~us & 4" Thu;.k Concrete Pad (to contain benenmark -- surveyed 10 nearest 0 01 II)

" .' : •• ~ ,- Ground Elevauon' )G() It" msl' -- - -~'i -~r .::::~ .. 01\ If. ~ • T Please rct'c:r 11) the

\'f', \'

f/fi I Ce",,,,,t Grout: ..:liL-ft,

i (min, 70% of 1I1.lance from !:!A~d.1I ~!l;1L CONSIlUl!:;I!~ ~~D

I ground elell8tlon 10 lop of PIlMe mSTALLATJ!m SIANDARDS

w.ater :8Lili&ce '" 500 ft,. ,.:.' to r:usme thaI: your 3Sw built 16 in compliance ~ith

wnichever is less.) applicable standard> . .. ' .....

-Grouting method:

ell POOlI;"" di~[acernent

Annular spa"" between hole f---- SOlid Casing: "" 00% X (Ground Elev.-Water Level Elev)) Bnd eaSing (1,5" for pMitive d,,,,,I.,,,,ment, 3" for other

methO""r Total Langth \QQ ft.

Nominal Diameter. ra In,

_0_ In o Other Wall Thlel<ness: 0.1..'80 in.

Bottom E~ev:a.tian: -roiJ ft. msP'

Rock or Gr~"'" Paekmg: -

~n. ~.

Material:

JE;I Crushed Basall

o Rounded Grovel

Estimll-led Waler L.evel

I Open Casing: ~ Perforated o Screen

TOlal Length; \<)0 fI

~// Nominal Diameter [e in.

/ Wen Thickne.s: \J n~ in.

£lotlom Elevation: ICO ft, mar j EI~vation:

__ ~oO ft. mol' . note: Neither bentcnlte nor mud shoukl be u""d ill

~"t/Jraled ~"n" during drilling

I .r ____ ~_.

, The approXimate elevatIOn must be referenced to mean sea level (mol) al the time of application filing, Final elevationS (If well components &hall be ~"bmllted in Ihe Well Completionl'JVell Abandonment reports and referenced to B benchmark which has been e~tsbjiehed by !iii surveyor licen.~d by the Siale.

I

l Open Hoi,,:

L"ngth:

Diameter:

Bottom Elevation:

For non·.,,11 wetar Basal Well,. - bottom .,Iev"tion ofw@lIshould not be deeper than 114 of aquiferlhlokness or,

BOMm Elevation Of Well Umtt .. (water Elevation _ 4] >; WWr L";.'I EI"'1I10n )

~ .. mple. E.llmatoo+2~ Watl!lrLevelElev. _eOllDm"'JevationofwaIiLlmll~(2- 41~(2))'= -18.51t

Solid Casing Material:

NA

Carbon St"E>~ compliant v.ith (ehe"k one or mora)' 0 ANSIIAWNA C20fl 0 API Spe~ 5l ::J ASTM A63 0 ASTM ,0,139

ft.

in.

ft., mG!'

And compliant with (chack on., or more): 0 ASm A242 (or A606) 0 Type E o Type S 0 Gmde B 0 other

Stalnl"",. Steel: (check one): [J ASTM M09 (pn>ductlon wells) C ASTM A312 (monitor wells)

ASS Plastic conforming ro A3TM F480 and ASTM D1527: (ChEck one) [J Schedul .. 40 [J Schedule 80

pvc PIs",." confofTI1in~ t~ASTM F48Q and (ASTM 01785 or ASTM 02241): (ched< one); 1>1 S"hed"Ie 40 Ll Schedule 80 0 Schedu!<. 120

Th"rmosel PI""lk (check one) 0 Filament Wound Resin Pipe cMfCrrrdnlllo ASTM 02998

Open Ca:oing Material:

o Centrifugally ca.! R""in Pipe conf~rmlng to ASTM OZ997

o Reinforced PI.suc Monar Pressure Pipe ""nforming t\) ASTM 0~517

o Gla9s Fiber Reinforced R<!.in P"" •• u,," Pipe conforming \0 AWoJoJA C95D

o PTFE Fluorooarbon Tubing conforming to ASTM D3296

t:l F),;P Flumocarbon Tubing conforming ro A$1lJ1 D~296

Carbon St.~I: c","pllant wrth (check one or more): [j ANSIIAWNA C200 C API Spec. 5l 0 ASTM AS3 0 ASTM A139

And compllantwilh (ch~cl< one or more): 0 ASTM A24~ (or AGOS) 0 Type E 0 Type S 0 Grade a 0 Other

Stalnl859 Steel: (ched<one) 0 A,STMA409 (produclionwells) 0 ASTMA312 (monitorwels)

ABS Plastic conforming to ASTM F4!!O and ASTM Dl1127: (cneO!( one) 0 Sc~edUl" 40 0 Schedule 50

PVC: Pilostic conforming to A6l'M F480 6n~ (ASrM D1785 or ASTM D2241): (ch&ek one): JlI Schedul@40 0 Schedule 50 0 Seh8dule 120

Thermos9t Plastic. (check one) 0 Filament Wound Resin Pipe contorminy to ASTM D2996

o Celltrlfugally Ca.! Re~in Pipe oonforming 10 ASTM 02997 o Reinforced Pla.t,c Mortar Pressure Pipe conforming to ASTM 03517

n Glass Fim.r R .. infor=d Resin Pressure Pipe conforming to AWWACgSO

o PTFE Fluorocarbon Tubing conforming to AS1M 03296

o FEP Fluorocarbon Tubing conformins to ASTIvI D3296

WCPI App. Form OSl1211l5

DEC-05-2005 11:36AM FA><: 8086821768 ID:DLNR CWRM PAGE: 005 R=75\

12/05/2005 11: 39 . 80858217£,8 VWD HI

1 • a

FAX COVER SHEET

November 28; 2005

FAX FOR: Mike Sober @ Valley Well @ FAX (808)682-1768

FROM: Tony Lydgate, Ph.D. P.O. Box 68. Kapaa, HI 96746 Phone/PAX (808)821-1857

PAGES TO FOLLOW: 3

MESSAGE:

Following our phone conversation this morning, attached is the letter I received from the Kauai Water Department in February of this year outlining their requirements for a private water system on my Hauiki Road property.

Note the reference to 'fIre demand' in paragraph 7 on page 3. If it's possible, I would like to have yout' test data showing

the required 2S0gpm/120 min included in your report to the State. This way, we'll hav~ all official record. Please contact Lenore and ask her if this is okay with them.

Thanks!

PAGE 05/10

DEC-05-2005 11: 36Ai'1 FA:>(: 8086821768 ID: DLNR CWRM F'AGE: 006 R =95 %

12/05/2005 11~39 '8086821758 VWD HI PAGE 07/10

6"01

, I

February 8, 2005 UID #'156

William. A. Lydgate P. O. Box 68 Kapaa, m 96746

Dear YI1.". Lydgate:

Subject Water SerVicelnquhy.' Dual Water Systems '(PubliC and Private) t~ Service Two Different CPR'd Lots. witll Sp¢cified Units Being Senri~t;;d by a Private Water System end Other Umts Bcing SerViced by Existing County Water Meter Service (Two 5/8-Inch Water M~ters 'are AsSigned to Lot. 1 md Two 5/8-Inch Water Meters are Assignep to Lot 2) TMK.: 4-4-04;028. Lots 1 and 2, Waiiua Homesteads(Kau~ Hawaii '. .

This letter is in response to your Octqber 8, 2004 water service inquiry letter for a private well/water system to service two' CPR lots wIDell al~o ha.veexi~IJg COWlty.water :meters.

Any actual.&ubdivision or development of this area will be dependent on tbe adequacy of the source, storage and traIiS1nissjon facilities eiistingat that p.me,

At the present time, the existing transoUssionfacilities are not adequate to service more than two dwelling units or two 5/S-inch water weters per' l()t. Prior tQ 'tbe approval of the third dwelling unit or third Sl8-inch water meter to a lot, adequate transmis,ion facilities must be available to provide adequate flTe flow for the lot~s zoning or ~. .

. .

Prior to building pemrlt approval. of dwellings that are :proposed to be serviced by the private' water system. the applicant slialI: " .

1. Be made aware that;

a) The private water system may not. inolude a. rain oatchmellt system.

b) All building permit applicants will berequjred to cOlllJIlete Non-Interconnection Agreemertts with the Dep artment. of Water. (DoW). TnterconneGtions behveen the private water system and. the County water s~ are not allowed.

c) For prnposes of this inquiry, the DOWwill ~~sl.Jille that each lot has two dwellffig units that are bdng serviced bytheCoW\tywater meters. DOW comments are based on the assumption tb.at the applicant is applying for building pennit " approval for the third dwelling urnt to a specific lot which will be serviced" from the PJOpOS~ private wat¢r system.

4.399 puaL.OkeSt,PO.'5oX 1706. lihue, HI ft6766 Phone:'!3ti.a-.l'i'505'IJJ[i . EnQln~ing aria Fi~cal F<UI;; fJCl9-24%BI3, Oper<rtibnS f'a)(~ 1308-14S.S402. AdminiJtrnion FOI)c BCla-246-8~.2a.

. , '

DEC-05-2005 11:36AM FAX: 8086821768 XH3 l3r~3S~1 dH N~Sv:ll SD02 82 AO~

ID : DU~R CWRM PAGE: 007 R =96 \

12/05/2005 11 : 39 . 8085821758 VWD HI PAGE B8/10

g-al

William A. Lydgate . Subject.: Water Service Inqui¢ Du1i WatetSystemil (Public and Private) to Service Two

Different CPR'd Lots,:withSpeeified Units Bc.mg SelViced by a Private Water System and Other Units Being Serviced· by ExiSting County Water Meter Service (Two SIS-Inch Water Meters are Assigned to Lot 1 and·Two 5/8-fuch Water Meters are Assigned to Lot 2) TrvrK.: 44~04;02g,Lots i and 2. Wailua Homc::steailil. Kanai, Hawaii

February 8, 2005 . Page 2

2- Submit to the DOW) for review and approva~ a fOImal request for the pTopo·sed dual (private and public) water system ·that will service the same lots. The reques.t should , include the history and back8round ofthe·projlosed dcirelopment.The applicant should also describe in detail how the· proposed pl'iyate water sYstem 'Will service the specified CPR unitsllots and how adequate fire protection -will be provided to the lots.

3. Prepare and receive DOW approval of construction drawings of necessary water system fa~iliti.es and construct said facilities. These facilitie5 shall include but not be linri~ed to:

a) The interior plumbjnllPl~ wi1b. the appropriate backflow prevention assemblies on ill DOW water meters seMcingthe lots;' . .

4, Prepare, complete and recoid a Wa;iver and Release Agreement which must be completed priOT to building pennit approval·to address the private water sy.stem.

5. The applicant nlU$f prepare and r«eive DOW. approval for the creation of JJ. private water system owner arulQciatiou'sRu.les and Regulations and·mu.st record :said Rules with the Buteau of Conveyances prior to buildjngpermitllpp~ovals, which will obtain water frQID

the private water system.. The privatewatei system Eides mUfit adm-etla ownership, coo.struction, operation and maintenanCe of:the private water system.

6. The applicant shall clearly Jetter on: the approVed construction drawings and the deeds (01" . restrictive covcmarrt), of the aJI'ected CPR units.ofthe lo18, ~e following:

a) "All. existing 8lldfuture lot owners of the CPR units that are designated to receive water from the Priv.ate water sourCe will. be reqUked. to join the private water system owner's association for tbepurpose ofp~ying any end all coats incurred with the operation ·and majntenance and rep.lacement: of the private water system fILCiLitieg. . .

These deed restrictions shall be recorded withth~'·Brirea.u of Co~veyancesprior to huilding permit approvals. . .

4398 PuaL.C)keS~. 1".0.61»(1706, ul"'Ue, HI 9"766 Phon~; aOlh~+5-5"OO f:~gIJl-ong i.1nGl FisUlI Ftt IilOa.245-5S.I j, Openl1ion$ .Fax; Sl)Q.245·540,t Admln~()n Fax: 90B.14t.-a628

DEC-05-2005 11:36AM FAX: 8086821768 ID:DLNR CWRM PAGE:008 R=95%

12/05/21105 11.: 39' • 8085821758 VWD HI PAGE 119/10

"

.,·d

William A. Lydgate . Subject: Watet Service1nquiry~ DUal Water'Systems (public and Private) to Servlce Two

Different CPR'dLots, with speCified Units Boing Senriced by a Private Water System and Other Units Being Serviced by Existing County Water Meter Serri~e (Two 5/8~Inch Water Meters are J\Bsigned,to Lot Iud 1\"0 SIS-Inch Water Meters are Assigned tq Lot 2}TMK;4-4.:o4:028, ,Lots 1 and 2, Wailua Homesteads, Kauai, Hawaii' ,

February 8, 2005 Page 3

7. Provide certification to the Department from the applicant's professional ~ugineer or other approved aut.hori~ that cert.mes ,that tbe propos-cd 'private water system (e.g. sourc~> storag¢, transmission' faclUties) are adeqUate to provide the necessary domestic and fire , demands for the proposed development that 'WiUbe. serviced by the private water system. No improvements or reliance to the DOW water l[IYl)teminfrastructure will be allowed to augment the private water system. ' . , ,

, "

The applicant is made aware that actual requirements for the proposed private water system may change hased on the actual proposal and the infonnatioll submitted in the formal request.

If you have any questions, please call Keith Aoki at 24S-5418;

Sincerely,

~:;r -Gregg Fujikawa Chief of Water Resourcel:l and Planning

4.398 pua lolce St,., f".ti BOx 1706, lIl1Ue.. HI,Y6166 /!'hone: aOa-Z4s.-54(lO Engfne~ring Ma Fls~1 F.-x: BO~4S--SB 13, Ope~tlon$ Fax: eOa-24~54Q2, A.;Imlnl!!lralf<:ln Fall: 8(l6.246-8629

DEC-05-2005 11:36RM FRX:8086821768 X~~ 13r~3S~l dH WHDS;li 5002 BZ AO~

ID:DLNR CWRM PRGE:009 R=95%

12/05/2005 11·: 39 . 808582175R \/WD HI PAGE 10/10

Constant Rate Pump Test Dry Gluch Flats Date: 11121/05 Project: Fire State Well #: 0521-10 Depth (Below Ground Surface): Elevations (Mean Sea Level): Solid Casing: _100_' Perf Casing:_1 DO' Ground Surface: app. 1Se 400 &:0 Total Depth: _200' of 6" pvc Top of Casing:~ __ Depth to Water: 80.24' bgs Bot. Solid CSg: ' Bot. Perf. egg: __ Monitor Point: 1.62' Bot of Well: • Static Water Level: __ _ Test Pump: Drawdown Measurement: Type: f¥,AN!=;L.IN Intake EI: I '3Q '~~ 0 Manometer 0 Pressure Gauge 0 Elect. Probe Discharge Measurement: 0 Flowmeter tJ Other: Begin Meter: gals. Present At Test: Rnf?E€:\ 5Mb- MkkONe End Metar: gals.

Elapsed Date Pumping OTW DTW Observed Remarks time & Rate Below Below D rawd own (min) Time (gpm) Monitor Ground (feet)

Point Surface

-5 11/21;0925 0 78.62 77 0 11/21;0930 250 78.62 77 Start Pump

10 11/21'0940 250 110.44 108.82 20 11/21'0950 250 119.65 118.03 30 11/21;1000 250 123.96 122.34 40 11/21'1010 250 127.98 126.36 50 11/21 ;1020 250 129.44 127.82 60 11/21;1030 250 130.96 129.34 70 11/21 ;1040 250 132.75 131.13 80 11/21 ;1050 250 134.06 132.44 90 11/21;1100 250 134.99 133.37

100 11/21;1110 250 135.82 134.2 110 11/21'1120 250 135.72 134.1 120 11/21 ;1130 250 136 134.38 Stop Pump

Recovery 120 11/21 ;1130 NA 136 134.38 152 11/21 ;1202 NA 78.62 77

DEC-0S-200S 11:35RM FRX:8085821758 ID:DLNR CWRM PRGE:010 R=9S%

LINDA LINGLE GOVERNOR OF HAWAII

Ref:0521-10.wcp2

Mr. Mike Sober Valley Well Drilling 91-235A Oihana St. Kapolei, HI 96707

Dear Mr. Sober:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

Well Construction Permit Dry Gulch Flats Well <Well No. 0521-10)

PETER T. YOUNG

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 AcnNG DEP\JTY DIRECTOR

July 29,2005

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 a 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 are copies 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.

Please refer to the Permit Processes Worksheet (transmitted with your acknowledgement letter) for further information regarding the process of drilling a well and installing a pump.

No withdrawal of water shall be made other than for testing purposes until a certificate of pump installation completion has been issued by the Commission.

Please sign both permit originals and return one for our files. For copies of the aquifer pump test worksheet, please call staff or visit www.state.hi.us/dlnr/cwrmlforms.htm.

IMPORTANT - Drilling work shall not commence until a fully signed permit is returned to the Commission. The permit shall be prominently displayed or made available at the construction site during construction. Be advised that you may be subject to fines of up to $5,000 per day for any violations of your permit conditions starting from the permit approval date.

Mr. Mike Sober Page 2 July 29,2005

c o

If you have any questions, please call Lenore Y. Nakama of the Commission staff at 587-0218 or toll-free at 974-4000 (Hawaii), 274-3141 (Kauai), 984-2400 (Maui), or 1-800-468-4644 (Lanai & Molokai), extension 70218.

Sincerely,

Whn ~

Peter T. Young Chairperson

Enclosures

c: William Lydgate (with applicable comments - DOH SDWB, WWB, CWB) USGS KauaiDWS

-' ~ ~')

'w' WELL CONSTRUCTION PERMI" Dry Gulch Flats Well, Well No. 0521-10

Note: This permit shall be prominently displayed at the construction 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 construction and testing of Dry Gulch Flats Well (Well No. 0521-10) at TMK 4-4-04:028, Kauai, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) which include but are not limited to the following conditions:

L

2.

3.

4.

5.

6.

7.

8.

9.

10.

II.

12.

13.

14.

15.

The ChaiTEerson 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 pennit commences and staff shall be allowed to inspect installation activities in accordance with § 13-168-15, Hawaii Administrative Rules.

This pennit shall be prominently displayed, or made available, at the site of construction work until work is completed.

The well construction permit shall be for construction and testing of the well only. The permittee shall coordinate with the Chairperson and conduct a purq>ing test in accordance with the HWCPIS (the latest rump test worksheet can be obtained by contacting Connnission staff or at www.hawaii.gov/dlnr/cwrmlforms.htm). The permittee shal suomit to the Chairperson the test results as a basis for suppating an application to install a permanent pump. No permanent pump may be Installed until a pUJl1l installation permit is approved and issued by the Chairperson. No withdrawal of water shall be made for purposes other than testing without a Certificate of Pump Installation Completion. The pennitted pump capacity described on the pump installation permit may be reduced in the event that the pump test does not support the capacity.

In basal ground water, the depth of the well may not exceed one-fourth (114) of the theoretical thickness (41 times initial head) of the basal ground water unless otherwise authorized by the Chairperson.

The permittee 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 shall stop work and immediately contact the Department of Land and Natural Resources' Division of Historic Preservation.

The proposed well construction shall not adversely affect existing or future legal uses of water in the area, including any surface water or established in stream flow standards. This permit or the authorization to construct the well shall not constitute a detennination of correlative water rights.

The Well Completion Report Part I shall be submitted to the Chairperson within sixty (60) days after completion of work (please contact staff or visit www.hawaii.gov/dlnr/cwrmlforms.htm for current form).

The permittee shall comply with all applicable laws, rules, and ordinances; non-compliance may be grounds for revocation of this permit.

The well construction permit application and any related staff submittal approved by the Commission are incorporated into this permit by reference. This pennit is also subject to the HWCPIS. If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance.

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 the date the permit expires.

If the well is not to be used it must be properly capped. If the well is to be abandoned during the course of the project then the permittee 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 indemnity, 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.

This permit shall apply to the location shown on the application only. If the well is to be relocated, the permittee shall apply for a new well constructionlpump installation permit tn accordance with Hawaii Administrative Rules §13-168-12(f).

Special conditions in the attached cover transmittal letter are incorporated herein by reference.

W.hH 1'1-

Date of Approval: July 13, 2005 Expiration Date: July 13, 2007

PETER 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 have signed, dated, and returned the permit to the Commission. I understand that this permit is not to be transferred to any other entity. I also understand that non-compliance with any permit condition may be grounds for revocation and fines of up to $5,000 per day starting from the permit date of approval.

Driller's Signature: C-57 License #: C57-24947 Date: ------

Printed Name: Mike Sober Firm or Title: Valley Well Drilling

P/ellse sign both copies of this permit, return one to the Chairperson, and retain the other for your records.

Attachment

LINDA LINGLE GOVERNOR OF HAW""

PETER T. YOUNG CHAIRPERSON

MEREDITH J. CHING JAMES A FRAZIER NEAL S. FUJIWARA

/

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

STEPHANIE A WHALEN

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

DEAN A NAKANO ACTING DEPUTY DIRECTOR

July 29,2005

Ref:052I-IO.pip

Mr. Mike Sober Valley Well Drilling 9I-235A Oihana St. Kapolei, HI 96707

Dear Mr. Sober:

Pump Installation Permit Dry Gulch Flats Well (Well No. 0521-10)

Enclosed are two (2) originals of your approved Pump Installation Permit for the captioned welles) that authorize permanent pump installation work for your welles). 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. Attached for your information are copies 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.

3. The permittee shall conduct aquifer pump tests in accordance with the Hawaii Well Construction and Pump Installation Standards (revised February 2004) on the latest aquifer pump test data forms, which are available by contacting staff or on the web at www.hawaii.gov/dlnr/cwrm/forms.htm.

Mr. Mike Sober Page 2 July 29,2005

The permittee is responsible for all conditions of the permit. This includes ensuring the submission of a completed Well Completion Report Part II form within sixty (60) days after the pump installation work is completed. Be advised that you may be subject to fines of up to $5,000 per day for any violations of your permit conditions starting from the permit approval date.

Please sign both pennit originals and return one for our files.

IMPORTANT - Pump installation shall not commence until a fully signed permit is returned to the Commission.

If you have any questions, please call Lenore Y. Nakama of the Commission staff at 587-0218 or toll-free at 974-4000 (Hawaii), 274-3141 (Kauai), 984-2400 (Maui), or 1-800-468-4644 (Lanai & Molokai), extension 70218.

Sincerely,

W.hH 1'1.

Peter T . Young Chairperson

Enclosure

c: William Lydgate (with applicable comments - DOH SDWB, WWB, CWB) USGS DWS

f""jPUMP INSTALLATION PERMIrt"'\ "!fry Gulch Flats Well, Well No. 0521-""

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 Dry Gulch Flats Well (Well No. 0521-10) at TMK 4-4-04:028, Kauai, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) 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. No withdrawal of water shall be made other than for testing until a Certificate of Pump Installation Completion has been issued by the Commission.

3. This permit shall be prominently displayed, or made available, at the site of construction work until work is completed.

4. The pump installation permit shall be for installation of a.-"i' gpm rated capacity, or less, pump in the well. This permanent capacity may be reduced in the event that the pump test data does oo't support the capacity.

5. A water-level measurement access shall be permanently installed, in a manner acceptable to the Chairperson, to accurately record water levels.

6. The permittee shall install an approved meter or other appropriate means for measuring and reporting withdrawals and appropriate devices or means for measuring chlorides and temperature at the well head.

7. Well Completion Report Part II shall be submitted to the Chairperson within 60 days after completion of work. This form can be obtained by contacting staff or on the internet at www.hawaii.gov/dlnr/cwrm.

8. The permittee, well operator, andlor well owner shall comply with all applicable laws, rules, and ordinances, and non-compliance may be grounds for revocation of this permit.

9. 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 HWCPIS. If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance.

10. 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 good­faith performance. A request to extend the permit shall be submitted to the Chairperson no later than the date the permit expires.

11. 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.

12. Special conditions in the attached cover transmittal letter are incorporated herein by reference.

Date of Approval: Expiration Date:

July 13, 2005 July 13, 2007

Whn 1"-

PETER 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 understand that this permit is not to be transferred to any other entity. I also understand that non-eompliance with any permit condition may be grounds for revocation and fines of up to $5,000 per day starting from the permit date of approval.

Installer's Signature:

Printed Name: Mike Sober

C57-C-57, C-57a, or ALicense #: 24947 Date:

Firm or Title: Valley Well Drilling

Please sign both copies of this permit, return one to the Chairperson, and retain the other for your records.

Attachments

/

Well Check Program 4/1/04 - Revised for update to Well Standards (February 2004)

Data Input

Well Number 0521-10 Well Name Dry Gulch Flats Ground Elevation 400 Cement Grout 315 Grouting Method other Hole Diameter 15 Total Depth 450 Estimated Head 390 Public Water Supply Well? no Solid Casing Material steel not plastic Solid Casing Specification ASTMA53 Solid Casing Length 400 Solid Casing Diameter 8 Solid Casing Wall Thickness 0.376 Open Casing Length

Results

o 0 WELL CONSTRUCTION PERMIT

Dry Gulch Flats Well, Well No. 0521-10 Note: This permit shall be prominently displayed at the construction 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 construction and testing of Dry Gulch Flats Well (Well No. 0521-10) at TMK 4-4-04:028, Kauai, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) which include but are not limited to the following conditions:

I.

2.

3

4.

5.

6.

7.

8.

9.

10.

II.

12.

13.

14.

15.

The ChaiTEerson of the Commission on Water Resource Management (ColTDTIission), P.O. Box 621, Honolulu, HI 96809, shan be notified, in writing, at least two (2) weeks before any work authorized by this permit cOlTDTIences and staff shan be anowed to inspect instanation activities in accordance with § 13-168-15, Hawaii Administrative Rules.

This permit shan be prominently displayed, or made available, at the site of construction work until work is completed.

The wen construction permit shan be for construction and testing of the wen only. The permittee shan coordinate with the Chairperson and conduct a pumping test in accordance with the HWCPIS (the latest rump test worksheet can be obtained by contacting Commission staff or at www.hawaii.gov/dlnr/cwrmlforms.htm). The permittee shal submit to the Chairperson the test results as a basis for supporting an application to install a permanent pump. No permanent pump may be Instaned until a pump installation permit is approved and issued by the Chairperson. No withdrawal of water shall be made for purposes other than testing without a Certificate of Pump Instanation Completion. The permitted pump capacity described on the pump installation permit may be reduced in the event that the pump test does not support the capacity.

In basal ground water, the depth of the wen 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 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 shens or charcoal are encountered during construction, the permittee shall stop work and ilTDTIediately contact the Department of Land and Natural Resources' Division of Historic Preservation.

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 tlow standards. This permit or the authorization to construct the wen shan not constitute a determination of correlative water rights.

The Wen Completion Report Part I shall be submitted to the Chairperson within sixty (60) days after completion of work (please contact staff or visit www.hawaii.gov/dlnr/cwrmlforms.htm for current form).

The permittee shan comply with all applicable laws, rules, and ordinances; non-compliance may be grounds for revocation of this permit.

The well construction 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 HWCPIS. If the HWCPIS are not fonowed and as a consequence water is wasted or contaminated, a lien on the property may result. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance.

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 perfonnance. A request to extend the permit shall be submitted to the Chairperson no later than the date the permit expires.

If the well is not to be used it must be properly capped. If the wen is to be abandoned during the course of the project then the permittee must apply for a well abandonment permit in accordance with § 13-168-12(f) prior to any wen 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.

This permit shall apply to the location shown on the application only. If the well is to be relocated, the permittee shall apply for a new well construction/pump installation permit In accordance with Hawaii Administrative Rules § 13-168-12(f).

Special conditions in the attached cover transmittal letter are incorporated herein by reference.

Date of Approval: July 13, 2005 Expiration Date: July 13, 2007

PETER 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 have signed, dated, and returned the permit to the Commission. I understand that this permit is not to be transferred to any other entity. I also understa.nc!)that non-compliance with any permit condition may be grounds for revocation and fines of up to $5,000 per day starting fromt~e permit daklof approval.

Driller's Signature: ~ Printed Name: -=:.M~i::::ke:::....:::S:.:::ob.::.e:::;r,-----_______________ _

C-57 License #: C57-24947

Firm or Title: . Valley \Xell Drilling - 1

Please sign both copies of this permit, return one to the Chairperson, and retain the other for your records.

Attachment

r"l PUMP INSTALLATION PERMI~ ~ry Gulch Flats Well, Well No. 0521~

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 Dry Gulch Flats Well (Well No. 0521-10) at TMK 4-4-04:028, Kauai, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) which include but are not limited to the following conditions:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

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

No withdrawal of water shall be made other than for testing until a Certificate of Pump Installation Completion has been issued by the Commission.

This permit shall be prominently displayed, or made available, at the site of construction work until work is completed.

The pump installation permit shall be for installation of a 60 gpm rated capacity, or less, pump in the well. This permanent capacity may be reduced in the event that the pump test data does not support the capacity.

A water-level measurement access shall be permanently installed, in a manner acceptable to the Chairperson, to accurately record water levels.

The permittee shall install an approved meter or other appropriate means for measuring and reporting withdrawals and appropriate devices or means for measuring chlorides and temperature at the well head.

Well Completion Report Part II shall be submitted to the Chairperson within 60 days after completion of work. This form can be obtained by contacting staff or on the intemet at www.hawaii.gov/dlnr/cwrm.

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.

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 HWCPIS. If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance.

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 good­faith performance. A request to extend the permit shall be submitted to the Chairperson no later than the date the permit expires.

The permittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii harmless from ~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 granti0&:9fthis peI1nit.

\ 12. Special conditions in the attached cover transmittal letter are incorporated herein by reference.

Date of Approval: Expiration Date:

July 13, 2005 July 13, 2007

WhH ~

PETER T. YOUNG, Chairperson. r<> Commission on Water Resource Managemem:>

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 understand that this permit is not to be transferred to any other entity. I also understand that non-compliance with any permit condition may be grounds for revocation and fines of up to $5,000 per day starting from the permit date of approval.

Printed Name: Mike Sober

C57-C-57, C-S7a, or A License #: 24947 Date: V I/oS

Firm or Title: Valley Well Drilling

Please sign both copies of this permit, return one to the Chairperson, and retain the other for your records.

Attachments

STATE OF HAW~ DEPARTMENT OF LW:> AND NATURAL RESOURCES COMMISSION ON WATER RESOURC~MANAGEMENT APPLICATION FOR A WELL CONSTRUCTION I PUMP INSTALLATION PERMIT

,---Instructions: Please print in ink or type and send completed application with attachments to the Com~ission ~rr:

For Official Use Only:

:--' ;-- - 1', / ,--- :~

pl' 33 Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. Application must be accompanied by '-TtY copies and a non-refundable filing fee of $25.00 payable to the Dept. of Land an? Natural Resources. The Commission may not accept incomplete applications. For assistance, call the Regulallon Branch at 587-0225. For further information and updates to this application form, visit http://www.hawaiLgov/dlnr/cwrm·c ..... _ ............ __ 1 ... ·,.., • .;,..',_-r ... :~:' ____ ---,

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

WELL LOCATION INFORMATION 1. STATE WELL NO. (if already assigned) 112. WELL NAME 3. ISLAND \4. TMK

4 -4 -04 fi21L C')p- \V IDrv Gulch Kauai -- ~ Flats zone see pare

The following must be attached before this application is accepted as complete: _ Portion of 7.5-Minute Series USGS topographic map (scale 1 :24,000) with well location labeled and include the name of the quad map • Property tax map, showing well location referenced to established property boundaries • Photograph of the proposed well site -A schematic diagram showing the well site, access road and proposed well infrastructure

5, WELL OPERATOR'S NAME/COMPANY I Well Operator's Contact 6. LANDOWNER'S NAME/COMPANY ! Landowner's Contact

William Lydgate William Lydgate same DBA Dry Gulch F~ats, LLC Well Operator's Mailing Address Landowne'r's Mailing Address

POB 68, Kapaa HI 96746 Same

Well Operator's Phone ~ Well Operator's Fax 1 Well Operator's E-mail Landowner's Phone I Landowner's Fax I: Landowner's E-mail

~808-821-18 7 same onlyconneet@ve izon.net same same

PROPOSED WELL CONSTRUCTION PROPOSED PUMP INSTALLATION 7. Proposed Work 8¥otruction Type ~ Proposed Work 11. Proposed Pumping Rate, gpm ktt~_e1b.ad_OJ flow measurement ~ Construct New Well rilled Install New Pump (gallons per minute4: lowme~

Modify Existing Well Dug D Replace Pump .6'0 ;/ ')) , Jen Pipe D Abandon/Seal Well D Shaft

12. Proposed Amount of u vveir

D Tunnel o Orifice Withdrawal, gpd (gallons per day) o Other (explain) 9. Is this well part of a battery of wells? DYes (4t)0 Rfi 400 14. Proposed Surveyor name and license number (a surveyor is required for all Well Construction Permits and may be required for some Pump

Installation Permits)

Esaki Surveying & Mapping Inc. Lie # 4383

PROPOSED USE

o 15. Municipal (water systems serving greater than 25 individuals or 15 service connections)

/~6. Domestic Number of units to be served: 4 D 17. Industrial (describe)

D 18. Irrigation (describe crop and no. of acres)

D 19. Military (describe)

D 20. Other (describe)

OTHER LEGAL REQUIREMENTS If required, items 21. and 22. must be obtained before the Commission can legally issue a permit:

21. Conservation District Use Permit (CDUP) D Required, CDUP # date approved ~tot Required (attach documentation from OCCL)

I have not checked with OCCL about whether or not a CDUP is required. I understand that checking with OCCL prior to making this application will expedite my review. I further understand that issues raised by this agency may delay or result in denial of the permit issuance, or revocation of the permit after it is issued.

22. Special Management Area Permit (SMAP)

~ruired' SMA # date approved Vrx ot Required (attach documentation from applicable County agency) I have not checked with the county about whether or not an SMA Permit is required. I understand that checking with the County prior to making this application will expedite my review. I further understand that issues raised by this agency may delay or result in denial of the permit issuance, or revocation of the-,,-ermit after it is issued.

23. Historic Preservation Division (HPD) of the Department of Land and Natural Resources D I have consulted with the HPD regarding potential impacts of well construction activities on historic sites. I have attached applicable documentation

from the HPD. D I have not consulted with the HPD regarding potential impacts of well construction activities on historic sites. I understand that checking with the HPD

prior to making this application will expedite my review. I further understand that issues raised by this agency may delay or result in denial of the permit issuance, or revocation of the permit after it is issued. Additionally, the history of past land use is attached.

Additional remarks, explanations, etc. (attach additional sheet if more space is needed)

NOTE: Signing below indicates that the Signatories understand and swear that the information provided is accurate and true to the best of their knowledge. Further, the signatories understand that upon permit approval: 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) in the event that the application is not completed correctly, any permit may be suspended until the item is brought in to compliance, and any work done while the permit is in suspension may result in fines of Ul>to $5000/day. 24. WELL DRILLER (Must be filled out if application is for Well Construction) 25. PUMP INSTALLER (Must be filled out if application is for Pump Installation)

Valley Well Drilling C57-24947 Valley Well Drilling C57-24947

I~s~_ C-57 License No. ~inessname C-57/C-57a/A License No .

Mike Sober 7/11/5 . .c;-~ Mike Sober 7/11/5 Si~ure - / Print Date Si?!,atur~ ~ Print Date

91-235A Oihana Street ,Kapolei HI 91-2 5A Oihanq street, Kapolei HI Address Address

662 ~:Z6:Z 682-1768 [email protected] 682-1767 682-1768 [email protected]

Phone Fax E-mail Phone Fax E-mail

WCPI App. Form 05/12/05

/

PROPOSED WELL SECTION (Please attach schematic if different from diagram provided below)

Hole Oiameter: 15 in.

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

;__ Ground Elevation: 400 f.,9r;tI* k ':' r------ ----:j: --=-

Please refer to the Cement Grout: 3 15ft. (min. 70% of distance from ground elevation to top of water surface or 500 ft., whichever is less.)

f', HAWAII WELL CONSTRUCTION AND : PUMP INSTALLATION STANDARDS " to ensure that your as-built is in compliance with

':' applicable standards. .'

I· ~ .:

Grouting method: Annular space between hole and casing (1.5" for positive displacement, 3" for other methods):

:·f· :~.:.: .~.

;-- .. _--_. Solid Casing: {~ 90% x (Ground Elev.-Water Level Elev»

o Positive displacement

o Other

TotalOepth

450 ft.

'.:t>'

~A / :',:',',

3 in.

Rock or Gravel Packing:

NA ft. Material:

o Crushed Basalt

o Rounded Gravel

: ~.

:~:: 0 ••

. : ..

:g a

Q

0

~---r- /

~ -

Total Length: 400 ft.

Nominal Oiameter: B in.

Wall Thickness: 376 in .

Bottom Elevation: 0 ft., msl*

Open Casing: o Perforated o Screen

Total Length: NA ft.

Nominal Oiameter: in.

Wall Thickness: in.

Bottom Elevation: ft., msl* Estimated Water Level

Elevation: ~ QQ-- . note: Neither bentonite nor mud should be used in

390 ft. msl* saturated zone during drilling

Open Hole:

Length: 50 ft.

Oiameter: 15 in. ~--~-------'--------'--- ~ Bottom Elevation: -50 ft., msl*

* 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 Completion/Well Abandonment reports and referenced to a benchmark which has been established by a surveyor licensed by the State.

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 Le~e1 Elevation )

Example: Estimated + 2 ft. ~ater Level Elev. --+ Bottom Elevation otWell Limit = (2. 41 ~ (2)) = -18.5 ft.

Solid Casing Material: Carbon Steel: compliant with (check one or more): 0 ANSI/AWWA C200 0 API Spec. 5L (fjASTM A53 D'(,STM A139

And compliant with (check one or more): 0 ASTM A242 (or A606) 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 01527: (check one) 0 Schedule 40 0 Schedule 80

PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (check one): o Schedule 40 0 Schedule 80 0 Schedule 120

Thermoset Plastic: (check one) o 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 Fluorocarbon Tubing conforming to ASTM 03296

o FEP Fluom::;arboil Tubing conforming to ASTM 03296

Open Casing Material: Carbon Steel: compliant with (check one or more): 0 ANSI/AWWA C200 0 API Spec. 5L ~STM A53 0 ASTM A 139

And compliant with (check one or more): 0 ASTM A242 (or A606) 0 Type E 0 Type S 0 Grade B 0 Other

Stainless Steel: (check one): I:J ASTM A409 (pr~~~i~n_wells) 0 ASTM A312 (monitor wells)

ASS 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 one) o 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 Fluorocarbon Tubing conforming to ASTM 03296

o FEP Fluorocarbon Tubing conforming to ASTM 03296

Q WCPI App. Form 05/12/05

LINDA LINGLE GOVERNOR OF HAWAii

Mr. William Lydgate P.O. Box 68 Kapaa, HI 96746

Dear Mr. Lydgate:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

May 31, 2005

Letter of Assurance for Well No. 0521-10

PETER T. YOUNG CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CRUZ

JAMES A FRAZIER CHIYOME L. FUKINO, M.D.

LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A WHALEN

DEAN A NAKANO ACTING DEPUTY DIRECTOR

0521-1O.assurance.let

This follows your May 27, 2005 telephone message regarding the process to transfer the Well Construction Permit for Well No. 0521-10, which was issued to Oasis Water Systems on February 24,2005. We understand that you are in the process of selecting another well drilling contractor.

Once you have selected a new contractor(s), please have the contractor(s) sign and return to the Commission a copy of the attached application form. You may note that the application form has been updated and is slightly different than the one you originally submitted. We have highlighted the new sections on the application form that need to be filled in. Please incorporate by reference the original application, which contains the rest of the application information (copy attached). Upon receipt of the signed application form, a new well construction permit and a pump installation permit will be issued provided that the following conditions are met:

1. The contractor has no outstanding issues with the Commission. 2. There are no significant changes to the application. 3. There have been no significant changes to applicable laws, rules or regulations

since the application date. 4. There have been no significant changes to hydrogeologic conditions since the

application date.

If you have any questions, please contact Lenore Y. Nakama of the Commission staff at 587-0218 or toll-free at 974-4000 (Hawaii), 274-3141 (Kauai), 984-2400 (Maui), or 1-800-468-4644 (Lanai & Molokai), extension 70218

LYN:ss Enclosures

c: Barry Simmons, Oasis Water Systems

Sincerely,

Wf7n 1't

DEAN A. NAKANO Acting Deputy Director

/

o o MEMORANDUM FOR THE RECORD

From: Lenore Nakama Subject: Transfer of Well Construction Permit for 0521-10

5/27/05 Received a phone message from Tony (William) Lydgate that they will need to select another well drilling contractor because Oasis is too busy. He asked if he needed to start the process all over again, or is there a way to transfer the permit.

5/27/05 Per Roy, send a letter of assurance along with our new application form, highlighting the sections that need to be filled in (surveyor, well driller, pump installer). When Mr. Lydgate selects a new contractor(s), they should sign off on the new application form and reference the old applications. We can then just issue permits to the new contractors.

LINDA LINGLE GOVERNOR OF HAWAII

Ref:0521-10.wcp

Mr. Barry Simmons Oasis Water Systems P.O. Box 507 Hanalei, HI 96714

Dear Mr. Simmons:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

Well Construction Permit Dry Gulch Flats Well (Well No. 0521-10)

PETER T. YOUNG CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CRUZ

JAMES A. FRAZIER CHIYOME L. FUKINO, M.D. STEPHANIE A. WHALEN

DEAN A. NAKANO ACTING DEPUTY DIRECTOR

February 24, 2005

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 are copies 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.

No withdrawal of water shall be made other than for testing purposes until a certificate of pump installation completion has been issued by the Commission.

Please sign both permit originals and return one for our files. For copies of the aquifer pump test worksheet, please call staff or visit www.state.hLus/dlnr/cwrm/forms.htm.

IMPORTANT - Drilling work shall not commence until a fully signed permit is returned to the Commission. The permit shall be prominently displayed or made available at the construction site during construction. Be advised that you may be subject to fines of up to $5,000 per day for any violations of your permit conditions starting from the permit approval date.

If you have any questions, please call Lenore Y. Nakama of the Commission staff at 587-0218 or toll-free at 274-3141 (Kauai), extension 70218.

Sincerely.

w.frH 1't

Peter T. Young Chairperson

Enclosures

-'W". . 'w1I WELL CONSTRUCTION PERMIT

Dry Gulch Flats Well. Well No. 0521-10 Note: This permit shall be prominently displayed at the construction 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 construction and testing of Dry Gulch Flats Well (Well No. 0521-10) at TMK 4-4-04:028, Kauai, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) Which include but are not limited to the following conditions:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

The Chairperson of the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writin~, 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.

This permit shall be prominently displayed, or made available, at the site of construction work until work is completed.

The well construction permit shall be for construction and testing of the well only. The permittee shall coordinate with the Chairperson and conduct a pumping test in accordance with the HWCPIS (the latest p'ump test worksheet can be obtained by contacting Commission staff or at www.hawaii.gov/Cllnr/cwnnlfonns.htm). The permittee shall submit to the Chairperson the test results as a basis for supporting an application to install a permanent pump. No permanent pump may be installed until a pump Installation permit is approved and issued by the Chairperson. No withdrawal of water shall be made for purposes other than testing without a Certificate of Pump Installation Completion. The permitted pump capacity described on the pump installation permit may be reduced in the event that the pump test does not support the capacity.

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 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 shall stop work and immediately contact the Department of Land and Natural Resources' Division of Historic Preservation.

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 Well Completion Report Part I shall be submitted to the Chairperson within sixty (60) days after completion of work (please contact staff or visit www.hawaii.gov/dlnr/cwnnlfonns.htm for current form). .

The permittee shall comply with all applicable laws, rules, and ordinances; non-compliance may be grounds for revocation of this permit.

The well construction 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 HWCPIS. If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance.

The work pro~ed 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 the date the permit expires.

If the well is not to be used it must be properly capped. If the well is to be abandoned during the course of the project then the permittee 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, 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 wilh the granting of this permit.

This permit shall apply to the location shown on the application only. If the well is to be relocated, the permittee shall apply for a new well construction/pump Installation permit in accordance with Hawaii Administrative Rules § 13-168-12(f).

Special conditions in the attached cover transmittal letter are incorporated herein by reference.

Wfin ~

Date of Approval: February 23, 2005 February 23, 2007

PETER T. YOUNG, Chairperson Expiration Date: Commission on Water Resource Management

I have read the conditions and tenns of this pennit 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 have signed, dated, and returned the pennit to the Commission. I understand that this penn it is not to be transferred to any other entity. I also understand that non-compliance with any pennit condition may be grounds for revocation and fines of up to $5,000 per day starting from the pennit date of approval.

Driller's Signature: ______________ C-57 License # : _____ Date: ______ _

Printed Name: Firm or Title: _______________ _

Please sign both copies of this permit, return one to the Chairperson, and retain the other for your records.

Attachment c: USGS

Kauai Department of Water Supply William Lydgate

/

FEB-10-2005 13:57 FROM:KAUAI ~ORIC PRES 8087427329 \wi

UNDAUNGLe GOVEAHOR 01' HAWM

08086928020

YVONNE Y. IZU DEPUTVOIIIeCTOR' ~1M

AGUA'I1C __

STATE OF HAWAII DePARTMENT OF LAND AND NATURAL RESOURCES

_ 'RIC .uD«;I'.PIlI1!C:RI!AllON IIUU!AIJ f1F CONVeYI\IIC:ei

~IONCN_~~_arr CCIN6IiII\Io\TIQN AND co.t.STl\I..l.NID8

()ONSI:RVATIDN IHJ RHIlLI'CEe EIFORc:I!NCNr --I\OI~ IHJ WlLDLFE POST OFFICE BOX 621 HONOLULU, HAWAII 96809

HI81'ORIC _ATION 1CAHDOLA1Ml1!:l,Al.l) ~~

HAWAI'I HISTORIC PRESERVATION DIVISION REVIEW

Log #: 2005.0230

!:,.~~-

Doc #: 0602NM16.doc

ApplicantJAgency: Yvonne Y. Izu. DepuN DirectorlWill~am L~gate

Address: DLNR. Commission on Water Resource Management. POB 621. Honolulu. HI 96809

SUBJECT: Chapter 8E-8 Historic Preservation Review - Application for a Wan ConstructloniPump Installation Pennlt Application Dry GUlch Flats Well (Wall No. 0521 .. 10)

Ahupua' a: Waipouili "'1) . f'\

District, Island: Kawaihau, Kauai TMK: (4) ~04: 28

) ., 1. We believe there are no historic properties present, because:

L a) intensive cultivation has altered the land _b) residential development/urbanization has altered the land _ c) previous grubbing/grading has altered the land

-..

' .. ~, 1 j"; .ro'

---- /", I

_d) an acceptable archaeological assessment or inventory suNey found no historic properties _e) other:

2. This project has already gone through the historic preseNation review process, and mitigation has been compteted._ .

..L Thus, we believe that "no

Staff: Nan

ri';f~perties will be affected- by this undertaking

/If~ &. Date: __ 21:.,:.101=--.:05 ______ _

Title: _ Archaeolggist for Ksua'i

1

OH 7-05

.. -~-~ ...

09:4l~m

~INDA LINGLE GOVtAAOF<. Ol" !1AWAII

From-DOH/Sats Drinking Water Branch 8085864351 T-619 P.OOl/002 F-644

"".ECEIVED -, .

SAfE DRJN;\lI~G 'vJFlrl~ 9IU,~'~C:'

fEB .,32& PETER T. YOUNG t:tlAl~rt:~(l1'i

MERlwrrH J. CHING CLAYTON W. DELA CRUZ

JAMES A, ~RAZI~ CHIYOME L. FUKINO. M.D.

IV

LAWRBlC~ H. MIIK~. M.D., J.D.

TO:

FROM:

SUBJECT:

STATE OF HAWAII DEPARTMENT OF lAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT p.O.eOXe21

HONOLULU. HAWAO ~el>O~

January 31, 2005

Honorable Chiyome L. Fuk[no, M.D., Director Department of Health Attention: Harold Yee, Wastewater Branch

STEPHANIE A WHALEN

YVONNEY.IZU o8-UTY ::Mt:.~01

William Wong, Safe Drinking Water Branch Dr. Keith Kawaoka, Hazardous Evaluation and Emergency Response Alec Wong, Clean Water Branch

PeterT. Young, Chairperson 1t Commission on Water Resource Management

Well Construction/Pump Installation Pennit Application Dry Gulch Flats Well (Well No. 0521-10)

Transmitted for your review and comment is a copy of the captioned Well Construction/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 b~ returning this cover memo fonn by MatCh 1, 2005. If we do not receive comments or a reques for adaitional review hme by this date, we will assume that you have no comments. The applicant has requested expedited processing of this application. On behalf of the applicant, we are aSking for your aSSistance in this matter.

Please find the attached maps to locate the proposed welt If you have any questions about this permit application, request additional information, or reguest additional review time, please contact Lenore Y. Nakama of the Commission staff at 587-0218.

LYN:ss Attachment(s)

RESPONSE: [ 1

I J

[ 1

II

[ 1

Thl~ well qualifie:; as a source wnlGh will "erve BE B source of potable walor to a public water system {defined .. 5 seIVinll25 or more people at lea,;t (;0 days perye",r or has 15 or more sE:rVice connecdon~) ~nd m..,.t receive Diraclorof Heallh at'Provale-19'do ,ts usa to oomply with Hawaii Aomlnlstrative Rules (KAR). Title 11, CroPter 20, Rules Relating to Potable Waier Systems. §11-2 - .

This well docS not q\,l(l.1l1y as a sourca serving a publie _ter $ys.tem (",elVes less than 25 people or mora pa!Jl?le at lea:;! 60 days per year or 1 S service confleciions) and If the well wster il;; used for drinki~g. the fltivate O\'Jrler ~ould test for bacteriologies1 :;Ind !;i1emu;el presence bafo", initiillti~9 su<;h Uge and routinely monitor the watcrqt.t~h\'l th~e",fter. However. if future planned use from this source Increases to meet the public water system definition then Directcr of Haalth apPl'Oval is reqUired ~ to II1lllemen!3t10n.

If the wall I:; used to s~pply' both potable and non-potable purposes In 3 single system. the usar shall sliminate cross-conncctiOns and backflow co~ nectlon<;; by physically sapal'ating PQ(abl~ an" non.potable system:; by an air gal' or an approved backflow Dreventer, and by clearly I~bellng all non-potable spigots with w:;Immg signs to prevent ,nadvertent consumpllon of non-potable water. Backflow prevention Qevic;:e5 sroulll be routillely Inspecied and te:;lad.

II does not appear 1";:<1 thl", well will ba u&ed for "ons~mptive PlJrpO~I;!S and Is not subject 10 Safa Drinkin!;! Water Regulatiol"ls.

For th", applicant'~ Information, a :;our'C¢ Of pO~slbte wastewater contamination [Jis () j$ not lO~te[j near the proposed well site (infom'lat,on ;lttacned).

An NPoES permit is required.

[ 1 Olnl;!r relevsnt DOH rule>s/regt,liations. information, or recommendations e19 atlac!1ad.

[ 1 . No commcnw~ec~a 7 //) 1

Contact PO!:. '~-f!IL bPI Phone: __ 5_8_6-_4_25_8_

Signed~ (Lit! r!f / Date:_-+f+-C3;.-;-· -""6-a2OO*l5

FEB-17-2005 10:11AM FA><: 80858EA351 ID : DLNF~ Cl---JRt'1

02: 54pm From-DOH/Safe Dr ":ina Water Branch 8085864351

LlNDAUI lJllvt:RNoFlO

TO:

FROM

SUBJE

Install.

incons respOi or are applic wean

this p( conta,:

LYN:s Attact

RESP [ 1

[ J

[ I

[ I

\ 1

[ J [ 1

Conti

Sign(

~ECE!VED SAFE ORlN;\!i~G ~~:r\TL~ 9L~~·JC~ 1

FEB .,3mi

SlATE OF HAWAII OE:F-'ARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.o. BOX 6:21

HONOWLU. HAWAII gM09

January 31-, 2005

~onorable Chiyome L Fukino, M.D., Director Jepartment of Health \ttention: Harold Vee, Wastewater Branch

.~.

PETER T. yOUNG Ct-.AIf.lr't:Kt:'IO~

MI:REDITH J. CHING ClAYTONW. DELA CRUZ

JAMeS A. FRAZIER CHIYOME L. FUI<INO. M.D.

LAWRENCE H. MILKE. M.D •. J.o STEPHANIE A. WHALEN

yVONNE; Y. ILU DEIPI1T'I!llRl!CT~K

William Wong. Safe DrinKIng Water Branch Dr. Keith Kawaoka, Hazardous Evaluation and Emergency Response Alec Wong, Clean Water Branch

:>eter T. Young, Chairperson 11 :ommission on Water Resource Management

\/Veil Construction/Pump Installation Pel11lit Application Dry Gulch flats Well (Well No. 0521-10)

;lnsrr itted for your review and comment is a copy of the captioned Well ConstructionfPump I per nit application.

3 wO lid appreciate your comments on the captioned application for any conflicts or ncie~ with the programs, plans, and opjectives specific to your department. Please )* r :urning this cover memo form ~ March 1,2005. If we do not receive comments :5 0 aaditional review time by thiS da~ we will assume that you have no commellts. The has requested expedited processing of this application. On behalf of the applicant, king for your assistance in this matter.

ease find the attached maps to locate the proposed well. If you have any questions about t ap~ ication, request additional infonnation, or reguest additional review time, please morE Y. Nakama of the Commission staff at 587-0218.

m~ __________________________________________________________ _

3E: Is well uallfie~ as a source which will ser've as .. source of potable walerto a public wateray:;;tMl (defined as ;;ervlng 25 or morc people least 61 days per yelilr or Ms 1 S or more "Iervica (;I)(lnections] atld must recei\le Director of i1e;;!llh approval g~~r 10 Its use 10 c;:omply h Haw; Ii Administrative Rules (HAR], Title 11. Chapter 20. Rules Relabng to Potable Water Systems. §11-;a -_ .

is well ces not qU<;IlIfy aa a source ser~irl!l ~public water sY.l'1!em ($erves lass tMn 25 people or more people at ;east 60 days per yesr 15643[' ce connedion~) and if the well wafer Is used fOr Qrlnking. thE: private owner shQuld test for b<;lI;:terio!ogical and r:hemlG<il 3senre )efoTB initiating such use and routinely monitor the wBler guality the~fter. However, it fvture pianned u'Oe from thiS $Ol.m;:e ;rease, to meet the publIC waler tystem defimtion then Director of HaaRh approval is reQulreo prior to Implementation .

. he wei is u$ed to supply both potable and non-potable purposes In B &in9le system, 1m user shall elimin;jte crnss-coonection5 and ,ckf\ow :onnections by physically sepamting potable ana non.polable systems by an air gap or an a~proved backflow prevMter, and by .arty III eling all non-potable spigots wiltl wBming Signa to pTBvent In .. dVertcn! CCl1!)Umptlon of nan-potable wliter. Backl10w prevention ,,"""6 • louie be routinely inspetted and tested.

doe:; n I ;;\ppear th"l this wall will be Llsed fO( ~on6umptive purposes Bnd is not subject to Safa Drinkil'lQ Water Ragvl~tion~.

)r the ~ Iplican\'S Infonnation, s source 01 pOl;!siblc was~tar cont<lmlnation [ liS [] I" not located near the orOPQsed well s~e !formal ~n B~::hed).

n NPOI S permit is required.

ther rc )vant DOH rulesircgoi;!tions. irlformation. or recommenO",\ions ara aMened.

Phone: ____ 5_8_6_-_42_5_8_

Date;_-+--ITi'--'_=~' ---=:"~r-' -tl20~05

FEE: - 04-2005 03: 23Pf"1 FRX: 80858£=.4351 ID: CUlR CWRt'l PRGE: 002 R =96 ;-;

o o FEB 3 2CIC!5

~ LINDA LINGLE

GOVERNOR OF HAWAII ./ PETER T. YOUNG

~ '.~ CHAIRPERSON

TO:

FROM:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

January 31, 2005

Honorable Chiyome L. Fukino, M.D., Director Department of Health Attention: Harold Vee, Wastewater Branch

MEREDITH J. CHING CLAYTON W. DELA CRUZ

JAMES A. FRAZIER CHIYOME L. FUKINO, M.D.

LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHALEN

YVONNE Y. IZU DEPUTY DIRECTOR

William Wong, Safe Drinking Water Branch Dr. Keith Kawaoka, Hazardous Evaluation and Emergency Response Alec Wong, Clean Water Branch

Peter T. Young, Chairperson 1 Commission on Water Resource Management

SUBJECT: Well Construction/Pump Installation Permit Application Dry Gulch Flats Well (Well No. 0521-10)

Transmitted for your review and comment is a copy of the captioned Well Construction/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 b~ returning this cover memo form by March 1! 2005. If we do not receive comments or a reques for additional review time by thiS date, we Will assume that you have no comments. The applicant has requested expedited processing of this application. On behalf of the applicant, we are asking for your assistance in this matter.

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 Lenore Y. Nakama of the Commission staff at 587-0218.

LYN:ss Attachment(s)

RESPONSE: [ 1

[ 1

[ 1

[ 1

)(

This well qualifies as a source which will serve as a source of potable water to a public water system (defined as serving 25 or more people at least 60 days per year or has 15 or more service connections) and must receive Director of Health approval tg~r to Its use to comply with Hawaii Administrative Rules (HAR), Title 11, Chapter 20, Rules Relating to Potable Water Systems, §11-2 - .

This well does not qualify as a source serving a public water sy'stem (serves less than 25 people or more peoJlle 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 qualitv thereafter. Howevelj if future planned use from this source Increases to meet the puolic water system definition then Director of Health approval is requireo 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 gap 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.

~or the applicant's information, a source of possible wastewater contamination\,(iS [lis not located near tfii@posed w~e (information attached). /\' ...... , '-7j

[ 1 An NPDES permit is required. ,'1 :::J

~_ Other relevant DOH rules/regulations, information, or recommendations are attached.

~ No comments/objections , ' ,I

c.ontact perai£~ o.~ Phone mM42%t .J1 Signed: __ ~fJJ1Iv#V Date: 01., Q'~::OSr::

_ (..j:

L..J'

UNDALJNOLE GOIIEIINOII Of'-

o

STATE OF HAWAII DEPARTMENT OF HEALTH

P.O. BOX 3378 HONOLULU, HAWAII 1l6801

Wastewater Branch

o

919 Ala Moana Blvd, Room 309 Honolulu, Hawaii 96814-4920

Phone (808) 586-4294 Fax (808) 586-4300

CllYOIE L FUICINO, lUI. DIMCTOR Of HEAL1H

In .-ply, ".... 1WIwta; EMO/WB

A septic tank file has been found and the following information is provided. In general, the Department of Health has reviewed and approved of the plans based on the informatton submitted as verification that a treatment individual wastewater system (lWS) such as a septic tank was constructed and authorized to be used for wastewater disposal from a building/dwelling.

Tax Map Key number

Address

Septic Tank File #

Applicant Name

Submit Plan Date

Plan Approval Date

Inspection Date

System Approved for Use Date

BPA Date

System / Disposal Via

Use For

Designed By

Percolation Rate / Capacity

( 4- ) 4 - 4 -OO~ : Ot?; . '\Jo.U n<:r @lA.d I \<=a.ftta GtmsfOls

!:\t?L\-0

\ \ -04 - 1004-\\-og ... 'Wog

septiu ICU1 ~ / ~ec\ /WCUnber.s .6 ~e9. V120m s

Wastewater Branch Engineer PO Section (Oahu)

For further information, you may also call the Wastewater Branch neighbor island engineers:

Mr. Dane Hiromasa at the Kealakekua Health Center, Kona at (8080322-1507

Mr. Jerry Nunogawa at the Hawaii District Health Office, Hilo at (808)933-0401

f)Q Mr. Joe Tateyama at the Kauai District Health Office at (808)241-3323

[ ] Mr. Roland Tejano at the Maui District Health Office at (808)984-8232

cesspool faxes.wpd sam rev October 10, 2003

c .. LINDA LINGLE

r' ,- ....... - , \, , :: 0 PETER T. YOUNG

GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CRUZ

JAMES A FRAZIER

Z ~(l[ l' '.f ') I LuJ v."j -'

P J 11 1 CHIYOME L FUKINO. M.D. -, I LAWRENCE H. MilKE. M.D., J.D.

STEPHANIE A WHALEN

TO:

FROM:

SUBJECT:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

January 31,2005

Dede Mamiya, Administrator Land Division

Yvonne Y. Izu, Deputy Director 1 Commission on Water Resource Management

Well Construction/Pump Installation Permit Application Dry Gulch Flats Well (Well No. 0521-10)

Transmitted for your review and comment is a copy of the captioned Well Construction/Pump Installation permit application.

.. J

YVONNE Y. IZU DEPUTY DIRECTOR

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 March 1! 2005. If we do not receive comments or a request for additional review time by this date, we will assume you have no comments. The applicant has requested expedited processing of this application. On behalf of the applicant, we are asking for your assistance in this matter.

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 Lenore Y. Nakama of the Commission staff at 587-0218.

LYN:ss Attachment(s)

RESPONSE:

[ 1

[~

[ 1

[2d

[ 1

[ 1

[~

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. _________ _

This well project [ 1 requires hd does not require a COUP. If a COUP is required it [ 1 has [ 1 has not been approved ana [ 1 is [ 1 is not currently active.

_ c:::l

Other relevant Land Division rules/regulations, information, or recommendations ar~ched. CJ"1

No objections -,'' r·, ,.' C0

Other comments: Original source of private title is ;'Grant ~09 issued prior to statehood in 1959.

Contact Person: Ga ry Ma rt j n Phone: 5 e 7 - 0 4-21 '1J

'" oate: __ F_E_' ~;...:.' ;.;..;."~~. ;;;:;~~_'-_'.;....,v~ '.-' '.::

~~ Signed:_~~---=~,:/-_~ ____ ....c....::...:::~ _____ _ , -i--"

..l"'_

\.

From-DEPT OF HEAIT4 ENVIRONMENTAL MNGMT B085864352

liNDA LINGLE aOV.:;Hi'<OIi 0': ri4.vV;.,.1

T-210 P.002/002 F-844

.... , P~TEA T yOUNG (:AAA:PERflOH

M~R,"DITH J, CHING CL.AYTON W, OELA CRUZ C\

JAMESA. FMZIER CHIYOME l FlJKINO, MP, ~

l.AWRli:NC~ H MilKE M D , J.D $T~PHANtr: A WHALEN

TO:

FROM:

SUBJECT:

STATE OF HAWAII CEPARTMENT OF LANe ANO NATURAL RESOURCES" ~Q,.

COMMISSION ON WATER RESOURCE nI@IIA~~8\~ p,o, ElOX6.,

HONOLULU, HAWAII lI55O&

January 31, 2005

Honorable Chiyome L, Fukino, M.D., Director Department of Health Attention: Harold Vee, Wastewater Branch

YVONNE Y. IZU Ot;.I'LiT'YClrfe. .. T'':1'I

William Wong, Safe Drinking Water Branch Dr, Keith Kawaoka, Hazardous Evaluation and Emergency Response Alec Wong, Clean Water Branch

Peter T, Young, Chairperson 11 Commission on Water Resource Management

Well Construction/Pump Installation Permit Application Dry Gulch Flats Well (Well No_ 0521-10)

Transmitted for your review and comment is a copy of the captioned Well Construction/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 b* returning this cover memo form by March i. 2005. If we do not receive comments or a reques for aaaitional review time by this date, we will assume that you have no comments. The applicant has requested expedited processing of this application. On behalf of the applicant, we are asking for your assistance in this matter.

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 Lenore Y. Nakama of the Commission staff at 587-0218,

LYN:ss Attachment( s}

RESPONSE: [ )

[ J

( 1

[ 1

[I

Thil!; well qu:lliifittS as a source wnlcn will serve as a source of potal>1e water to II putlilc water sys,tem (definl!ld as servina2S Qr more people at least 60 days per year or nas 15 or more service connections) and mU8t receive Director of liea1t~ app.roval arlO( to Its 1,1&8 to comply wkn Hawaii Aamlnietrativ", R.uleB (HAR), Title 11, COllPter 20, RI,lI~", Reilltil'a to Potable Water Sy~tem", § 11-2~

This well d08$ no! qualify as a source s<irving a putllic wllter system (lierves Ie liS than 2~ peoPle or more peop-Ie at IllaSt 60 day5 per year or 15 service connections) and if lhe well wa18r is used for [Mnlling. the private owner $holJld test for bacteriological and chemical presence before init,3t1n9 such llse and routinely monitor the water gUllllty thereaner, HOwev~S If fUture planned use frOm Ihii source Increases to meet me pUDlic weter eystern defi!1ltion then Direclor of Heijlth appro~al is requi,,,,,, prior to Implementation,

If the well is used to supply botn potable and non-potable purposes In a Sll'l9le system, tne Llser shall elimina~ cross-connection!! and backftow connections by physically separatln9 potabl(: a~d non·pota/?le 5ystems by an air gap or an approved backfiow p~venter, ~nd by Clearl'llatlennQ all non~potable 6pIgole With warnmg signs to prevent madvenent mnsumptlon of non"potab1e water, SacKtlow preventlM devices stlOlJla be routinely 'nl>p8cted and ta~ted.

It does not ",PPSSf lnst Iilis weli will be used for C()n~umptjvc pUrpo:st:3 and is not suojC\;\ to Safe Drinllin .. Water Regulationli.

r:or the applicant's infOfmation, a soun:e or possl~le wlistewater contamination [110 [lie not loc.:.ted near the propo~oo well Site (mformstlon attaCl'lad).

[ I M NPDES permit is reqlJireo,

Y Other rl!llevant DOH rulesllegutlltions, informl;ltion, or l!;lCOmrnBlldations ara attached.

[ I . NO comments/objection~

Contact Per5an~ j>d iYL/ oJ d k~ Signed C2 ~ (';'J ~r'

lX1t477 FEB - 03 - 2005 02: 19Pt1 FHX:8085864352 ID: DU4P Ct,..lPM F'HGE: 002 P =9T<

I~

-• ~~~~2.1Q.~ 02:28pm From-DEPT OF HEAlTH ENVIRONMENTAL MNGMT 8085864352 T-2l0 P.001/DOl F-844

The Department of Health, Clean Water: Branch has the following comments:

1. For Well-Drilling Activities

Any discharge to State waters of treated process wastewater effluent associated with well drilling activities is regulated Py Hawaii Administrative Rules, Title 11, Chapter 55. Appendix I, effective September 22, 1997. Treated precess 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 Moana Boulevard, Room 301, Honolulu, Hawaii 96814.-4920 or P.O, Box 3378, Honolulu, Hawaii 96801-3378. 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

The discharger shall take all measures necessary to prevent the discharge of pollutants from entering 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 collecting sediments and other pollutants prior to entering the storm drain .

. JS/cr

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

FEB-03-2005 02: 18Ptvl FA><: 8085864352 ID: DU-lR CNRtvl PAGE: 001 R=97\

LINDA LINGLE GOVERNOR OF HAWAII

Mr. Barry Simmons Oasis Water Systems P.O. Box 507 Hanalei, HI 96714

Dear Mr. Simmons:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

January 31, 2005

PETER T. YOUNG CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CRUZ

JAMES A. FRAZIER CHIYOME L. FUKINO, M.D.

LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHALEN

YVONNE Y. IZU DEPlITY DIRECTOR

0521-10.rev

Well Construction/Pump Installation Permit Application for Well No. 0521-10

We acknowledge receipt, on January 28, 2005, of your completed Well Construction/Pump Installation permit application and filing fee for the Dry Gulch Flats Well (Well No. 0521-10). We understand that you have requested expedited processing of this application and will accommodate you to the best of our ability.

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 Lenore Y. Nakama of the Commission staff at 587-0218 or toll-free at 274-3141 (Kauai), extension 70218.

LYN:ss

c: William Lydgate

Sincerely,

w.~rf1 1'z.

YVONNE Y. IZU Deputy Director

/

LINDA LINGLE GOVERNOR OF HAWAII

PETER T. YOUNG CHAIRPERSON

TO:

FROM:

SUBJECT:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU. HAWAII 96809

January 31 , 2005

Honorable Chiyome L. Fukino, M.D., Director Department of Health Attention: Harold Yee, Wastewater Branch

MEREDITH J. CHING CLAYTON W. DELA CRUZ

JAMES A. FRAZIER CHIYOME L. FUKINO. M.D.

LAWRENCE H. MilKE. M.D .• J.D. STEPHANIE A. WHALEN

YVONNE Y. IZU DEPUTY DIRECTOR

William Wong, Safe Drinking Water Branch Dr. Keith Kawaoka, Hazardous Evaluation and Emergency Response Alec Wong, Clean Water Branch

Peter T. Young, Chairperson ~ Commission on Water Resource Management

Well Construction/Pump Installation Permit Application Dry Gulch Flats Well (Well No. 0521-10)

Transmitted for your review and comment is a copy of the captioned Well Construction/Pump Installation permit application.

We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives sRecific to your department. Please respond b* returning this cover memo form by March 1, 2005. If we do not receive comments or a reques for additional review time by thiS date, we Will assume that you have no comments. The applicant has requested expedited processing of this application. On behalf of the applicant, we are asking for your assistance in this matter.

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 Lenore Y. Nakama of the Commission staff at 587-0218.

LYN:ss Attachment(s)

RESPONSE: [ 1

[ 1

[ 1

[ 1

[ 1

[ 1

[ 1 [ 1

This well qualifies as a source which will selVe as a source of potable water to a public water system (defined as selVing 25 or more people at least 60 days per year or has 15 or more service connections) and must receive Director of Health approval tg~r to Its use to comply with Hawaii Administrative Rules (HAR). Title 11. Chapter 20, Rules Relating to Potable Water Systems. §11-2 - .

This well does not qualify as a source serving a public water sy'stem (serves less than 25 ~ople or more people at least 60 days per year or 15 service connections) and if the well wafer is used for drinking, tne 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 pUDlic 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 gap or an approved backflow preventer. and by clearly labeling all non-potaole spigots with waming signs to prevent inadverlent consumpllon 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 [] is not located near the proposed well site (information attached).

An NPDES permit is required.

Other relevant DOH rules/regulations. information, or recommendations are attached.

No comments/objections

Contact Person:_----------------- Phone: _______ _

Signed: __________________ _ Date: _______ _

LINDA LINGLE GOVERNOR OF HAWAII

PETER T. YOUNG CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CRUZ

JAMES A. FRAZIER CHIYOME L. FUKINO, M.D.

LAWRENCE H. MilKE, M.D, J.D. STEPHANIE A. WHALEN

TO:

FROM:

SUBJECT:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

January 31, 2005

Dede Mamiya, Administrator Land Division

Yvonne Y. Izu, Deputy Director 1 Commission on Water Resource Management

Well Construction/Pump Installation Permit Application Dry Gulch Flats Well (Well No. 0521-10)

Transmitted for your review and comment is a copy of the captioned Well Construction/Pump Installation permit application.

YVONNE Y. IZU DEPUTY DIRECTOR

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 March 1! 2005. If we do not receive comments or a request for additional review time by this date, we will assume you have no comments. The applicant has requested expedited processing of this application. On behalf of the applicant, we are asking for your assistance in this matter.

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 Lenore Y. Nakama of the Commission staff at 587-0218.

LYN: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.

[ ] A water lease/permit is not required of this applicant.

[ 1 A water lease/permit has been obtained by the applicant through lease no. _________ _

[ ] This well project [ ] requires [ ] does not require a COUP. If a COUP is required it [ ] has [ ] has not been approved and [ ] is [ ] is not currently active.

[ ] Other relevant Land Division rules/regulations, information, or recommendations are attached.

[ ] No objections

[ ] Other comments:

Contact Person: ________________ _ Phone: ________ _

Signed: __________________ _ Oate: ______ _

LINDA LINGLE GOVERNOR OF HAWAII

.-.

PETER T. YOUNG CHAIRPERSON

MEREDITH J. CHING CLAYTON W. DELA CRUZ

JAMES A. FRAZIER CHIYOME L FUKINO, M.D.

LAWRENCE H. MilKE, M.D., J.D.

TO:

FROM:

SUBJECT:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU, HAWAII 96809

January 31,2005

Melanie Chinen, Administrator Historic Preservation

Yvonne Y. Izu, Deputy Director 1 Commission on Water Resource Management

Well Construction/Pump Installation Permit Application Dry Gulch Flats Well (Well No. 0521-10)

Transmitted for your review and comment is a copy of the captioned Well Construction/Pump Installation permit application.

STEPHANIE A. WHALEN

YVONNE Y. IZU DEPUTY DIRECTOR

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 March 1. 2005. If we do not receive comments or a request for additional review time by thiS date, we will assume you have no comments. The applicant has requested expedited processing of this application. On behalf of the applicant, we are asking for your assistance in this matter.

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 Lenore Y. Nakama of the Commission staff at 587-0218.

LYN:ss Attachment( s)

RESPONSE:

[ ] 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

[ ] Other comments:

Contact Person: ________________ _ Phone: ______ _

Signed: __________________ _ Date: ______ _

Hi Barry,

o Lenore Y Nakama/DLNRIStateHiUS

01/26/200508:54 AM

o To [email protected]

cc

bcc

Subject Green Thumb Well Documents

Looks like all we need is an executed pump permit, which I emailed to you last week, and the Well Completion Report Part 2 for the pump installation. Here is the application, Well Completion Report Part 1, and the pump test data for your files.

1122-01 appIication.POF 1122·01 weI1.PDF 1122-01 pumpte$lPOF

To get the Lydgate permit processing going, just need to execute the pump permit. Just your signature on the permit should be good enough.

Thanks for sending in the DWS letter for the Lydgate well. We just discussed it and the consensus here is that you need to pump test the well at the larger 250 gpm capacity.

Thanks also for following up on the Pilaa 1 & 3 pump permits. We will send a letter approving the extension request..

Aloha, Lenore

Jan 25 05 10:16a Cee Cee 8088266530 p. 1

F a x c o v e r

Send to: From:

COWRM Oasis Water Systems, Inc. Attentioo: Office phone:

Lenore Nakama 808-635-9790

Fax number: Date:

808-587-0219 1/25/05 Phone number: SUbjec:t: Fire Flow info

274-3141 x 70218 Pilaa 1-3

o URGENT o REPLY ASAP o PLEASE COMMENT 0 PLEASE REVIEW 0 FOR YOUR INFORMATION

TOTAL PAGES, INCLUDING COVER: 4

LENORE-

THE FOLLOWING IS THE INORMATION YOU REQUESTED ON THE FIRE FLOW FOR L YDGATE 1 WELL (WELL # 0519-05). I WILL GET THE PUMP INFORMATION TO YOU.

ALSO, 'WE'D LIKE TO REQUEST AN EXTENTION OF THE PUMP INSTALLATION PERMIT FOR PILAA 1 & 3 WELLS (WELL NO.S 1221-10 & 1222-05) t'OR 2 YRS FROM THE EXPIRATION DATE. THIS DEVELOPMENT IS STILL IN THE BUILDING PERMIT PROCESS.

PLEASE CALL ME WITH ANY QUESTIONS OR CONCERNS.

BARRY MONS PRESIDENT, OASIS WATER SYSTEMS, INC.

PO Box 507, Hanalei,. ill q67I4 p.808-63S-qJqo f.808-826-6530 llcense # C-2I457 [email protected]

.JAtl-25-2C1[15 1[1: 14Ar"1 FA><: 8[18826653[1 PAGE: 001 R =94~;

Jan 25 05 10:16a Cee Cee 80882_66530 l

JAN-24-2005 10;32A FROM: TC ,56530

FAX COVER SHEET

January 24, 2005

FAX FOR: Barry at Oasis Water @ FAX 826-6530

FROM: Tony Lydgate, Ph.D. P.O. Box 68~ Kapaa, HI 96746 PhonelFAX (808)821-1857

PAGES TO FOLLOW: 2

MESSAGE:

Per our phone conversation this morning, attached is the Water Department's original letter concerning the PWS on the Kanaele Road property.

Item #2 states the requirement to 'provide assurance' that the service is adequate for fire flow. You might want to call them and ask what they mean by <assurance.~ Maybe just showing them the pump specs will do.

p.2 P: 1"3

JAt'l-25 - 2[KJ5 10: 14At"l FAX: 8088266530 IO: DUiR CWRt"l PAGE: 002 R =94;:

Jan 25 05 10:16a Cee Cee JAN-24-2005 10:32A FROM:

October 2, 2003

ML Tony Lydgatc P.O. Box 68 Kapaa, HI 96746

Dear Mr. Lydgate:

80882,66530 TC S6530

4289

Subject: Proposed Private Water System to Service Three out of the Four Proposed CPR Units on TMK: 4-6-12: 117, Kanaele Road, Kapaa

This is regarding your letter of August 28. 2003. The Department has received payment for the installation of a 5/S-inch water meter along Kanaelc Road fronting Lhis parcel (previously described as parcellS at ~e·time 'Water service was requested). We have reviewed yOlJf proposal to develop a private water system (PWS) to provide domestic water demands fot three of the ~ proposed four CPR units and to provide the lire flow demands required for your development. .-Departlnent of Water's comments:

Prior to the ~partment of Water's (DOW) approval ofbuild1ngpermits that will be serviced by a private water system (both County and private water system win provide domestic waler service to this parcel), the· applicant will be required to;. .

1. Be made aware that a priv~te water system may not include a min c.atchment system.

2. Provid~ assurance that the private water system has adequate capacity for domestic and flre flow demands and that said system is in operation. ~

3. Sign and execute a "'Waive; and Release Agreement" for building permit(s) that will be serviced off of the proposed private water system.

4. Prepare and receive Department ofWatt:r's approval ofcon$txuction drawings for necessary water system facilities and cons.troct said facilities. These facilities shall include but not be limited to:

a. The interior plumbing plans with the appropriate bacldIow prevention device. b. Clearly locate and identity which CPR unit/dwelling will be serviced off of the

existin'g Coun.ty water meler. .

5. Ex.ecute an agr~me.nt with the DOW whereby the owner statc:s that no interconnection between the water supplied by the Department's water and the water supplied by the private water system exists or shan be Constructed. The o~er shall be responsible to. maintain and operate the private water sY1:)'tem.

4J'UI flua lOICe St. f>.O. BtiJI 1706. Uhve. HI 96766 ~one: 808-20f5.5..400

~g ana Fi$Q1 fax: sOe-24s-58t 3. Oper;Jllons Fax: S<JB..24!>-S402. A(lm~t~ F.,x; &08-Z.....a628

.JRH-25-2OD5 10: 14RI'"1 FR><: 8088266530 I D: DU~R Cl>-JRM PRGE: 003 R=94:~

Jan 25 05 10:16a Cee Cee 8088266530 JAF-l-24-2005 10:32A FROM: TO %530

Mr. Tony Lydgatc Subject: Proposed Private,Water System tQ{ TMK: 4-6-12:117. Kallaele Road. Kapaa. October 3. 2003 P'age 2

p.4 P:3"3

6. Prepare and receive the Department's of Water'~ approval for a "Private Water System" entity (i .e. Water Association, etc.) to guarantee the operation and maintenance of the Private Water System in perpetuity. Such entity shall addrc~s ownership, construction, operation and maintenance of the private water !YySlenJ. All applicable owners will be . required to join the approved private wate£, system entity. Documenta~on of the approved. private water system entity shall be recorded and/or registerea with ~he a.urea~ of Conveyances.

7. Put others On notice through appfopriatc venues. such as deeds or o(her fOnDS of ;restriction, that no additional County water service will be approved for this. parcel until adequate water facilities are constructed to provide recommended domestic and fire±low demands of the proposed development. These deed restrictions shall be recorded with the Bureau of C~nvcyances.

If you have any questions. please call Edwar? Doi at 245-5417.

Sincerely,

Gregg Fujikawa _ Chiefl)fWater ResoW"ce ~d Planning

ED:emi c: Edward Doi~ DOW 23-;S6 K.apu, L~~

4398 Pu.llQlcc St .. P.O.lIolC 1106. lintJe. HI 96166 P"onI!: S08-24S-S400

Engirle\.'fing aM FISCal FalC 80&2+5-58 13, operatiom F~;·800-24S-S4()2. Admini.str.ltion F3JC~ 8OS-24lo-8628

.JAtl-25-2005 10: 14An FA><: 8088255530 10: DL~4R CWRl"l PAGE: 004 R =94~:

Hi Barry,

Lenore Y Nakama/DLNRIStateHiUS

01/19/2005 11 :26 AM

To Barry Simmons

cc

bcc

Subject

o

As discussed on the phone, we are not able to process the application for William Lydgate's Dry Gulch Flats Well until you sign & return the attached permit for Green Thumb Well (Well No. 1122-01). If this permit should be cancelled instead, please let me know.

'fZJ Green ThurItl pump pennilPDF

Also, there's a pump permit that just expired for Pilaa 1 & 3 Wells that was never signed. Were pumps ever installed? or should it be cancelled?

'fZJ pilaa 1 8. 3 pump permilPDF

Once we clear up these 2 permits above, then I can process Lydgate's application. Do you also want to apply to install the pump too?

I left a phone message for you regarding your question on the 250 gpm fire protection pump. I need more info on it. Is the pump to be permanently installed? submersible? Who is requiring the 250 gpm pump to be installed? Can I get their name & number, I need to check why they are requiring that.

thanks, Lenore

QARTMENT OF LAND AND NATURAL RESOQES DOCUMENT NO.: U AC 0 T C WORKSHEET RAT A HED DATE:Janua~19,2005

SRC/ COST F YR APP D OBJ CTR PROJECT PH ACT AMOUNT NAME/DESCRIPTION (WANG INPUT)

S 05 326 C 1026 0752 (1 ) $25.00 William Anthony Lydgate

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

TOTAL $ 25.00

REMARKS: LINE (1) Well No. 0521-10, Dry Gulch Flats Well LINE (2) LINE (3 LINE (4) LINE (5) LINE (6) LINE (7) LINE (8) LINE (9) LINE (10)

Search Results o Page 1 of 1

• PUBLIC RECORD DATA .. TMK # 4-4-4-4-28 HAUIKI RD

Owner: LYDGATE, WILLIAM A Tax Payer: LYDGATE, WILLIAM A Tenure: Fee Simple

Tax Bill: PO BOX 68, KAPAA, HI 96746 USA Annual Tax: $10,028.97 Assessed Value

Land: $1,319,600 Total Buildings: $0

Total: $1,319,600

Exemption $0 $0 $0

Size 32.84 ac

o sq ft

Buildings: 0 PITT Code: 500 - Agricultural Land Use: 0 Subdivision: Waipouli

SALES

Dwellings: 0 Zoning: A Census Tract: 402.02

5/11/1989 DEED-M $4,700 B/P 23172/573 MEDEIROS DEBRA-ANN

12/16/1991 TRANSD-F MEDEIROS DEBRA A *(2.335% INT)*

12/16/1991 TRANSD-F SILVA NATALIE M/ETAL SILVA DARREN A *(2.2% INT)*

1/23/1992 TRANSD-F MEDEIROS DEBRA A *(2.335% INT)*

7/17/2001 TRANSD

$0 Doc 91-173210

$0 Doc 91-173211

$0 Doc 92-010340

$0 Doc 01-109846

MEDEIROS, BERNARD M, Married Man(Tenants In Common) SOUZA, NATALIE M, Married Woman(Tenants in Common) SOUZA, CAROL M, Trustee(Tenants in Common) *CAROL M. SOUZA REVOCABLE LIVING TRUST DATED *JULY 13, 1993, WITH FULL POWER CAROL M SOUZA REVOCABLE LIVING TRUST, (Tenants in Common)

2/5/2004 TRANSD-F $0 Doc 04-024015

UNDIVIDED 7.945% INTEREST MEDEIROS, BERNARD M, Married Man(Tenants in Common) SILVA, NATALIE M, Single Woman(Tenants in Common) SOUZA, CAROL M, Trustee(Tenants in Common) *CAROL M. SOUZA REVOCABLE LIVING TRUST DATED *JULY 13, 1993 CAROL M SOUZA REVOCABLE LIVING TRUST, (Tenants in Common)

3/22/2004 TRANSD-F $0 Doc 04-057363 UND 23.22% INT SILVA, CARLA FRANCINE, Single Woman(Joint Tenancy) *UNDIVIDED 16.21 % INTEREST MEDEIROS, KIMBERLY ANNE, Single Woman(Joint Tenancy) MEDEIROS, RYAN MANUEL, Single Man(Joint Tenancy) *UNDIVIDED 7.01% INTEREST

5/3/2004 DEED-M $2,800,000 Doc 04-086951 LYDGATE, WILLIAM A, Single Person or Individual(Tenants in Severalty)

6/14/2004 QD-P $1,000 Doc 04-118291

LOT 2 = 9.407 ACS DRY GULCH FLATS LLC, A Company or Corporation(Tenants in Severalty)

6/14/2004 QD-P $1,000 Doc 04-118292 LOT 1 = 22.990 ACS

DRY GULCH FLATS LLC, A Company or Corporation(Tenants in Severalty)

This information has been supplied by third parties and has not been independently verified by Hawaii Information Service and is therefore not uaranteed.

http://webre1.hawaiiinformation.com/re4IHIS/Search/search_MLSPUB.asp?SRC=LNK&...1119/2005

Well Background Check

Approved Well No. Well Name Applicant

Liquid Sunshine Gregory Pommerenk

Hunakai Hunakai Plantations, LLC

11/611998 0844-01 Puu 0 Hoku 1 Puu 0 Hoku Ranch

7/13/2000 1324-02 Namahana Acres Jackie Yellin

10/19/2000 1120-32 Larsen Beach Ricardo Russell

10/19/2000 0618-10 Kealia 2A Kealia Mauka Holdings, LLC

10/19/2000 0618-09 Kealia 1A Kealia Mauka Holdings, LLC

4/23/2001 1120-34 Ke Hoomaka Craig H. Maas

4/24/2001 0020-03 EWM 1 EWM Kauai LLC

7/9/2001 0720-03 Kealia Mauka 1 Kealia Mauka Holdings

8/27/2001 1223-01 Zweben Louise Zweben

9/13/2001 1124-01 Koa I Neal & Melissa Norman

10/3/2001 1222-05 Pilaa3 James Pflueger

12/13/2001 6734-03 Kukuihaele Explo Hawaii DWS

3/13/2002 1121-01 Nancy Irene Joseph Kobayashi

7/10/2002 0720-04 Kealia Mauka 2 Corner Stone Hawaii

8/20/2002 5721-02 Banyan Harbor Irr Banyan Harbor AOAO

8/20/2002 1122-01 Green Thumb

9/24/2002 1123-08 Max 1

10/22/2002 1020-05 Papaa-Lindner

5/9/2003 1324-03 Huna Kai

5/30/2003 1120-41 Delorme

6/2/2003 0919-07 Hui Road 1

6/2/2003 0919-08 Hui Road 2

6/2/2003 0919-09 Hui Road 3

6/2/2003 0919-10 Hui Road 4

6/2/2003 0919-11 Hui Road 5

Thursday, January 13,

Ben Cassidy

John Maxwell

Jeffery S. Lindner

Huna Kai Plantation LLC

E. Delorme

Hui Road, LLC

Hui Road, LLC

Hui Road, LLC

Hui Road, LLC

Hui Road, LLC

Well Construction Driller Pump Inst. Type Issued Signed WCR1 Accept

C-21457

C-21457

C-21457

C-21457 C-21457

C-21457 C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

C-21457 C-21457

C-21457 C-21457

C-21457 C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

C-21457 C-21457

C-21457 C-21457

C-21457 C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

C-21457

BOTH

BOTH

WELL 11/17/1998 711712000 3/30/2001 7/18/2001

BOTH 7/18/2000 8/22/2000 4/16/2001 4/16/2001

BOTH 111312000 3/6/2001 6/14/2001 7/17/2001

BOTH 10/20/2000 10/23/2000 212012001 2/20/2001

BOTH 10/20/2000 10/23/2000 2/20/2001 2/20/2001

BOTH 51712001 5/14/2001 1/23/2003 3/14/2003

BOTH 5/412001 10111/2001 111812002 1/18/2002

BOTH 7/1212001 7/13/2001 212112002 2121/2002

BOTH 9/6/2001 91712001 6/1212002 6/1212002

BOTH 9/21/2001 11/8/2002 8118/2003 9/16/2003

BOTH 1011712001 2115/2002 9/26/2002 11/20/2002

WELL 1211412001 12117/2001 11/20/2003 11/20/2003

BOTH 312012002 4/212002 6/1212002 7/18/2002

BOTH 7/18/2002 1/612003 8/18/2003 9/16/2003

BOTH 8/28/2002 9/20/2002 8/18/2003 8/18/2003

BOTH 8/28/2002 9/212002 4/18/2003 5/812003

BOTH 9/30/2002 218/2003 8116/2004 8/16/2004

BOTH 10/25/2002 11212003 6/1112004 71212004

BOTH 5/15/2003

BOTH 71212003

BOTH 71212003

BOTH 71212003

BOTH 71212003

BOTH 71212003

BOTH 71212003

Pump Installation Issued Signed WCR2 Accept

5/14/2001 6/18/2001 1/28/2003 215/2003

816/2001 8/10/2001 9/28/2001 9/28/2001

2123/2001 2127/2001 2126/2002 3/8/2002

2123/2001 2/27/2001 212612002 3/8/2002

11117/2003 1211212003 12126/200312126/2000

1/28/2002 4/1212004 219/2004 411/2004

3/4/2002 4/6/2002 6/1212002 6/1212002

6/25/2002 7/18/2002 7/18/2002 7/18/2002

9/30/2003 1212212003 8/18/2003 9/16/2003 -_._- ,/

3/6/2003 l¥( ~-l o~ U

.,.«..~"t.'\~~ 71.5

7/24/2002 9/23/2002 9/24/2002 9/24/2002

9/30/2003 10/13/2003 8/18/2003 9/16/2003

9/30/2003 1212212003 8/18/2003 8/18/2003

5/15/20030.:-# oj) 8/3112004 o

71712004

Well Construction Pump Installation Approved Well No. Well Name Applicant Driller Pump Inst. Type Issued Signed WCR1 Accept Issued Signed WCR2 Accept

6/13/2003 0519-04 Kapaa Homestea State DLNR C-21457 WELL 6/25/2003 7/17/2003

2/23/2004 0519-05 Lydgate1 William Lydgate C-21457 BOTH 3/8/2004 12130/2004

2/23/2004 1224-02 River Ranch River Ranch, LLC C-21457 BOTH 3/8/2004

4/12/2004 1324-04 Jaeb Pualei Properties C-21457 BOTH 4/14/2004

4/22/2004 0521-09 Golden Pond Carrie Cowan C-21457 BOTH 5/4/2004

o

o

Thursday, January 13, 2005 Page2of2

o o

Aloha Lenore,

05 J .. \>: 12 All: 05

r" I,."';

Per your conversation with Barry on 1111105. Please process this applicati6rtas soon 'as pos~ibl(!.

Mahalo,

Oasis Water Systems, Inc.

o State of Hawaii

0.,.-__ _ COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources APPLICATION FOR PERMIT

Well Construction and/or

Instructions: Please print in ink or Iype and send completed app cation with attachmenls to the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. Application must be accompanied by 5 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, calilhe Regulation Branch at 587-0225. Forfur1her information and updates to this application form, visit http://WNW.state.hi.us/dlnr/cwrm.

(C)

Fax:

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

For Official Use Only:

2. WELL NAME: r;] l/ G- V I--C H ~L A TS Island:

Address 0 It-''A}f,;; fel, )';..,,(1'\6 '36 'Nb Tax Map Key: ~ - -.!:::L - l2!:L 1) J... g Zone Sec Plat Parcel

Attach: (a) portion of a 7 .5-Minute Series USGS topographic map (scale 1:24,000) with well location labeled and include the name of the quad map (b) a property tax map, showing well location referenced to established property boundaries

3. PROPOSED WORK: ~onstruct New Well 0 Install New Pump"

(check all that apply) 0 Modify Existing Well" 0 Modify Pump"

o AbandorVSeal"

"State Well No.:

4. CONSTRUCTION: ¥ Drilled 0 Dug 0 Shaft

Is this well part of a battery of wells? DYes

5. PROPOSED PUMPING RATE: ('IO,X 6. PROPOSED USE: 0 Municipal (including hotels, stores, etc.)

(check all that apply) ~ Domestic (individual, noncommercial water system)

(if unknown, please call Commission at 587-0225)

o Tunnel

~o (Please describe)

gallons per minute

o Industrial

Does this well serve 25 or more people at least 60 days per year or have 15 or more service connections? 0 YeS~NO

o Irrigation (crop)

o Mmtary

7. (a) PROPOSED AMOUNT OF WITHDRAWAL: 8(,400 No. of Acres:

o Other (explain):

gallons per day

(b) METHOD OF FLOW MEASUREMENT: o Flowmeter lIQ Open-pipe 0 Weir o Orifice o Other(explain)

OTHER IMPORTANT INFORMATION:

8. LEGAL REQUIREMENTS: If required, these pelmits!!1!!§1, be obtained before the Commission can legally issue a pelmit. Conservation District Use Penn it (COUP) To find outif a CDUP is necessary, call DLNR Land Division at 587-0414

4-Not Required If required, date approved _____ _ Environmentallmpact Statement (EIS) or Environmental Assessment(EA) To determine if an EIS arEA is necessary, call OEQC at 586-4185

~ Not Required If required, date published in OEQC bulletin _____ _ Special Management Area Pennit (SMAP) To determine if an SMAP is necessary on Oahu, call 527-5374; on Hawaii, call 961-8288; for Maui

county, call 270-7235; on Kauai, call 241-6677. ~NotRequired Ifrequired,date approved _____ _

9. ARCHEOLOGICAL REQUIREMENTS: To find out if an archeological work is required: on Oahu, call Elaine Jourdane at 692-8027; on Hawaii, call MaryAnne Maigret at 327-3690, for Maui county, call Calhy Oagher at 692-8023, on Kauai, call Nancy McMahon at 742-7033.

~ Not Required If required, please attach letter from DLNR Historic Preservation

10. REMARKS, EXPLANATIONS:

(if more space is needed, please attach additional sheet)

NOTE: Signing below indicates the signatories understand and swear that the information provided on this application is accurate and true to the best of their knowiedge. Fur1her, the signatories 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 completiorVabandonment 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; 5) in the event that the application is not completed correctly, any permit may be suspended untillhe item is brought in to compliance, and any

I

AJ/ • 0 5

i ,.'

work done while the ~ermit is in suspension may result in fines of up to $1000/day.

Well Owner)\' I ; . d. tc Landowner Vv' ~ :tt. (print legibly) (print legibly)

Signature Signature

Date I 1-- ~ I - '0 t[ Date

Coo"",,,,, ~s (pnnt legibly) ,

Signature

Date 12 '/$'-0<1 F or official use 0 nly

Latitude _______ Aquifer System No.

Longitude State Well No. 1--0=:>21-\0 WCPIPA Form 7/17/03

.,1

I

c o 10. PROPOSED WELL SECTION (Please attach schemalic if different from diagram provided below)

Hole Diameter: I S in

n at top of casing " ~ l r r M;'~om ... ;~ .. · '"~ 'o~",.". oom'"'"oc .... ki-~ surveyed to nearest 0.01 ft) E.s~: rJ. ':::. IV :," r Ground Elevation. ~ft., msl

Elevatio

u-.., ','-.:: :~: ,,~ ."

Please refer to the :/";" ~'.:

Cement Grout --3.l..S:-ft. ::,. ::~. HAWAii WELL CONSTRUCTION AND !--.:; ~.:: PUMP INSTALLATION STANDARDS

(min. 70% of distance from ~;~ ;:~ :> to ensure that your as-buitt is in compliance ground elevation to top of ..... ::~. ..!! with applicable standards . water surface or 500 II .. r- 0.',,: .':; w whichever is less.) ~';:' ~.~: a;

> ., ::,. /;. -' I>----- Solid Casing: (;, 90% x (Ground Elev.-Water Level Elev) ~:: ~:.: $ Amular space between ~:t.

~i ~ Total Length: ~OO ft. hole and caSing (mi n.3"): ~ Nominal Diameter: ~ in.

r-/;i~ .... ,;

-3-in. ~.~ ., Wall Thickness: ~~ :;i· ill in.

:'.::' .. ' "0 0 :~~ c: Bottom Elevation: ft .. msl' =>

-c- ~ e Rock or Gravel Packing: ~ )(

Total Depth f.J"- ft. r-- #. Open Casing: o Perforated o Screen Material: 0

"'/A en Total Length: ft. o Crushed Basatt AI ~II.

o Rounded Gravel V Nominal Diameter: in.

Wall Thickness: in . . !li Estimated Water Level Bottom Elevation: II., msl'

Elevation: note: Neither bentonite nor mud should be used in

3~O lI.msl· 1-"- ---;1-

.fVltllrRfArl 70nA rillrinn rlrillinn

"-

• 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 WeD CompletionNVeli Abandonment reports and referenced to a benchmark which has been established by a surveyor licensed by the State.

Open Hole:

Length: SQ 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 L4vel Elevation)

Example: Estimated + 2 ft. Water Level Elev. -. Bottom Elevation of Well limit = (2 - ~) :: -18.5 ft.

Solid Casing Material:

SO

Carbon Steel: compliant with (check one or mote): 0 ANSVAWWAC200 0 API Spec. 5L )(ASTMA53 0 ASTMA139

And compliant with (check one or mote): 0 ASTM A242 0 Type E 0 Type S 0 Grade B 0 Other

Stainless Steel: (check one): 0 ASTMA409 (production wellS) 0 ASTMA312 (monitor wells) ABS Plastic conformi;)g to ASTM F480 and ASTM 01527: (check one) 0 Schedule 40 0 Schedule 80

ft.

in.

ft.,msl·

PVC Plastic conforming to ASTM F480 and (ASTM 01785 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 02996

o Centrifugally Cast Resin Pipe conforming to ASTM D2997

o Reinlorced Plastic Mortar Pressure Pipe conforming to ASTM 03517

o Glass Fiber Reinforced Resin Pressure Pipe conlorming to AWWA C950

o PTFE Fluorocarbon Tlbing conforming to ASTM D3296

o FEP Fluorocarbon Tlbing co nfonning to ASTM D3296

Open Casing Material: Carbon Steel: compliant with (check one or more): 0 ANSVAWWA C200 0 API Spec. 5L )lASTMA53 0 ASTMA139

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 ASTMA409 (production wells) 0 ASTMA312 (monitor wells)

ABS 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 SchedtJe 40 0 Schedule 80 0 SchedtJe 120

Thermoset Plastic: (check one) 0 Filament Wound Resin Pipe conforming to ASTM D2996

o Centrifugally Cast Resin Pipe confonning to ASTM D2997

o Reinforced Plastic Mortar Pressure Pipe conforming to ASTM D3517

o Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950

o PTFE Fluorocarbon Tlbing conlormlng to ASTM D3296

o FEP Fluorocarbon Tlbing confonning to ASTM D3296

rk

c o

WITNESSETH:

That the Grantor, in consideration of the sum ofTEN DOLLARS ($10.00) and other good or valuable consideration, receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim, unto the Grantee, as Tenant in Severalty, the following:

All of that certain parcel ofland and improvements thereon situate at Kawaihau. Island and County of Kauai, State of Hawaii, and described more particularly in Exhibit "A," attached hereto and expressly made a part hereof;

TO HAVE AND TO HOLD the same, together with all rights, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed therewith unto Grantee, absolutely and in fee simple, and as to said personal property, if any, absolutely and forever, together with the reversions, remainders, rents, issues and profits thereof and all of the estate, right, title and interest of the Grantor therein and thereto.

PROVIDED, HOWEVER, domestic water service to this parcel is not available from the Dept of Water, County ofKauai, State of Hawaii.

The term "Grantor" and "Grantee," or any pronoun used in place thereof, shall mean and include the masculine, feminine or neuter, the singular or plural number, individuals, trustees, partnerships or corporations, and their and each of their respective successors, heirs, personal representatives, successors in trust and assigns. All covenants and obligations undertaken by two or more persons shall be joint and several unless a contrary intention is clearly expressed elsewhere herein.

IN WITNESS WHEREOF, Grantor hereto hereby executes these presents the day and year first above written.

STATE OF HAW AlI ) ) SS:

COUNTY OF KAUM )

On this l1- day of ma.y ,2004, before me personally appeared WILLIAM A. L YOGA TE, and to me known to be the person described in and who executed the foregoing instrument, and ac~~wledgf(d that he executed the same as his free act and deed.

~.,"'.-::"'.::.'.~. '.~: ~. 'I.p.~ NOTARY LIC, tate of~aJ'aii Print Name: L .P. f\:et<JeJ

oS' ,"

T,

c o

LOT 1

LAND SITUATED AT WAIPOULI, KAWAIHAU, KAUAI, HAWAII

Being a Portion of Grant 6909

Beginning at the southeast comer of this parcel of land, on the north side of Hauiki Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NONOU" being 10,164.00 feet North and 2,770.00 feet West, thence running by azimuths measured clockwise from true south:

1. 71 0 46' 416.24

2. 1050 10' 62.44

3. 93 0 08' 77.30

41.98

5. 134 0 57' 287.68

6. 1650 53' 30" 28.79

7. 1960 50' 43.40

97.18

9. 2030 45', 23.89

10. 1460 28' 30" 55.52

feet along the north side of Hauiki Road;

feet along an Old Railroad Right-of-Way;

feet along an Old Railroad Right-of-Way;

feet along an Old Railroad Right-of-Way;

feet along a 15 feet wide Ditch Right-of­Way;

thence along a 15 feet wide Ditch Right-of­Wayan a curve to the right with a radius of 28.00 feet, the chord azimuth and distance being:

feet;

feet along a 15 feet wide Ditch Right-of­Way;

feet along a 15 feet wide Ditch Right-of­Way;

feet along a 15 feet wide Ditch Right-of­Way;

thence along a 15 feet wide Ditch Right-of­Wayan a curve to the left with a radius of 33.00 feet, the chord azimuth and distance being:

feet;

c o

11. 89° 12' 31.87 feet along a 15 feet wide Ditch Right-of-Way;

12. 75° 57' 153.88 feet along a 15 feet wide Ditch Right-ot-Way;

thence along a 15 teet wide Ditch Right-ot-Way on a curve to the right with a radius ot 40.00 teet, the chord azimuth and distance being:

13. 1030 33' 30" 37.07 feet;

14. 131 0 10' 170.97 .. feet along a 15 feet wide Ditch Right-ot-Way;

15. 64° 06' 42.62 feet along a 15 feet wide Ditch Right-ot-Way;

16. 52° 41' 77.54 feet along a 15 feet wide Ditch Right-ot-Way;

17. 50 26' 40.19 feet along a 15 feet wide Ditch Right-of-Way;

18. 25° 00' 75.08 feet along a 15 feet wide Ditch Right-of-Way;

19. 40° 49' 47.87 feet along a 15 feet wide Ditch Right-ot-Way;

20. 3r42' 20.97 feet along a 15 feet wide Ditch Right-of-Way;

21. 59° 26' 76.02 feet along a 15 feet wide Ditch Right-of-Way;

22. 44° 04' 41.96 feet along a 15 feet wide Ditch Right-of-Way;

23. 114° 33' 17.45 feet along a 15 feet wide Ditch Right-of-Way;

24. 8r42' 27.11 feet along a 15 feet wide Ditch Right-of-Way;

= - c o .-

25. 61 0 36' 18.57 feet along a 15 feet wide Ditch Right-of-Way;

26. 36° 19' 40.90 feet along a 15 feet wide Ditch Right-of-Way;

27. 41 0 57' 59.67 feet along a 15 feet wide Ditch Right-of-Way;

28. 72° 10' 71.96 feet along a 15 feet wide Ditch Right-of--Way;

29. ar 13' 19.42 feet along a 15 feet wide Ditch Right-of-Way;

30. 64 0 24' 57.46 feet along a 15 feet wide Ditch Right-of-Way;

31. 74°41' 29.12 feet along a 15 feet wide Ditch Right-of-Way;

32. 52° 49' 24.88 feet along a 15 feet wide Ditch Right-of-Way;

33. 144° 47' 442.65 feet along the remainder of Grant 6909 (Parcel 2);

34. 224 0 21' 326.60 feet along Government Land;

35. 263 0 37' 207.70 feet along Government Land;

36. 225 0 38' 270.80 feet along Government Land;

37.255" 47' 606.00 feet along Government Land;

_.,

38. 320 0 47'

Lihue, Hawaii October 2002

c

1,180.00

o

feet along Grant 6480 to the point of beginning and containing an area of 22.990 acres.

DESCRIPTION PREPARED BY: ESAKI SURVEYING & MAPPING, INC.

Dennis M. Esaki Licensed Professional Land Surveyor Certificate Number 4383