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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 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 toll-free 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 Surface-Water 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 Surface-Water 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

  • ".

    '0

    ----------~~--------~,~ \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

    c.':::

    .. -. _ .. - . -r-,J

    ~

    UJ

    c:::> c,.,.,,)

    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.

    :]

    .J

    ,

    .-

    .OJ

    -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

    o o

    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/[email protected]

    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/[email protected]

    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/[email protected]

    cc

    Subject Re: Waikaea StreamOJ

    To Dean D Uyeno/[email protected]

    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/[email protected]

    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.

    - !

    YODA, K. YOSHINAGA, M.

    ! >!h (

    INIT:

    ( & / -~ J

    ! .I !1,j;-r-

  • 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.

  • o /

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    2'0'"'" ,,',1Q 10,73S.l6 1-4 4,S-40.73 ... 'NONOU' fA

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    '. , t!1 a ~l ~~, , .' HOUSe) \. .... , . Ii 1111 '/;::~ - DFtY c50ULCH FLATS CONDOMINIUM ///Y UNITS A THFtU F AND eASeMeNTS

    ,/,// 0"" {I THIS WORK WAS PREPARED BY ME AU-5 AU-6 AU-i AU-e e-I 1:-2 4 Ji"Il-1 /""",/'" f- OR UNDER ~y SUPERVISION " I I I I ~/-..... >(- \ Being Lot I

    ~ //,... v \ zJar.t: I. 'lJuLJ Being Also Portion 0' c50rant 6GtOGt ..... "/ I(. 51.notu," ~IPOULI, t

  • J

    SOllO 39\1d

    o

    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 Kf- 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

    Location-Upstreem/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 1Cio\.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

  • 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

    ~IIIIIIIII!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..Il 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[-------- .. ---------=-=-~---=-185515012 (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'~

  • 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 toll-free 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'" ~

    W15921 '56.61120)) "s (NA D83) ELEVATION = 383.05' MSL

  • 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]

    91235A Oihana Street Kapolei, HI 96707

    Attn : Tracie Sober

    RE: New Well Elevation Certificate for TMK(4) 444 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:~;~~;:

  • 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 421pQ(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 808-6821768

    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

    Location-Upstream/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

  • ., 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: Ott?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 ::.

  • .... 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 1/2