;:.'.,-...--';:"1_ ~D~f)\ o Q: MEMO and ROUTE'"'SLIP (ver. 04/23/09) OS/28/09 LIW:..:--=C:...:..R~1-.::C:;;h;;:e;;c;;k;;:fo.=.r=-· -=W..:...e=-:I:.:.-I :..:.N:-=o-=--" ~~41=O=O=-O=2=--~(re~g~UI=at=ion:..::.:/s=u.:..:rve=.!.y--=-:ro::u=te!...-) _----.JI ~\oluL -'NuLl4-d.. 1. From (liarley~nise/Ryan ---r-~~ __(initial) ~ -

2. Well Log Check Geology Code for Well Index: =-:'....L..l_ Fm Name: ~;B~Y.!.K -t:r-..o..:::....---,-(j nitia I)

3. Pump Tests Check Denise Mills ____ (initial)

Yes No

Step-Drawdown Test: followed WCPI Stds 0 0 analysis attached 0 0 0<70 gpm no test required

Constant Rate Test: followed WCPI Stds 0 0 analysis attached 0 0 0<50 gpm no test required

Potential Well Interference: 0 0

Potential Stream Impacts: 0 0

Additional Testing or Data Required: 0 0

Pump Test Comments Attached: 0 0

Proposed Pump Capacity is OK.: 0 0

4. Construction Check Mitch Ohye -0\---- (initial) R. Torres (initial) Yes No If no. describe deficiency

:1 (~) ,r._ \'C-; I 1\(,' data complete d' 0 /1 f t \ ~ (J I ~, " ~ r; f'A t !,~. £(_ if \ ;, c, followed Special Cond & elevations 0 r well database updated l 0, {, -;, ~t; Gf'I\.-\ location change significant? 0 ;z1 (SMA, CD, TMK) Latitude Longitude

NAD27 '0> 41 7,1.-

NAD83 . ! l""'l.~ \ \

5. ~harle:iZ»enise/Ryan c;.. , (initial) take action based on above analysis

ATTACHMENTS FOR PUMP INSTALLATION PERMIT (2x)/ __ not necessary - only WCP or BOTH. 1 COVER LETTER ./ 2 COUNTY COMMENTS (DWS/SMA) 3 DOH COMMENTS } To be sent to driller/pump installer 4 DLNR COMMENTS (LD/OCCUDHP) 5 WCR 1 Accept 6 WELL CONST. COMPLETION CERTIFICATE <------To Landowner

} Staff internal checks

6. ROY~~·· eck (Entered WCR 1IWCCC accept date into database) 7. Susan1-{~gbi~ (initial) finalize 8. Ken (in t ) signature 9. ~h (initial) Entered PIP issue date if attached/required 10. ~rleY/b)nise/Ryan File o Q "­ LINDA LINGLE LAURA H. THIELEN .GOVERNOR OF HAWAII CHAIRPERSON SUMNER ERDMAN NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNAFAYK. KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII OEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

July 14, 2009 4100-02.ccpi

Mr. Les Wallach 7691 Calle Sin Miedo Tucson,PLZ 85718

Dear Mr. Wallach:

Certificate of Pump Installation Completion for Muolea-Wallach Well Well No. 4100-02 (TMK (2) 1-5-007:007)

We are pleased to inform you that the Pump Installation work permitted for the Muolea­ Wallach Well (Well No. 4100-02) is complete and acceptable and welcome you as a new member to the community of well owners and ground water 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), HAR, 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 prior to the change.

4. In the event the benchmark in the concrete base of the well is altered in any way, an updated version of the Well Elevation page of the Well Completion Report Part I shall be submitted to the Commission. If a licensed surveyor had estimated the original benchmark elevation then a licensed surveyor must establish the new benchmark elevation. The Well Elevation portion of the Well Completion Report Part I can be obtained by contacting Commission staff or at www.hawaii.gov/dlnr/cwrmlforms.htm. o o tMr. -I-~s Wallach Page 2 July 14,2009

5 . Your approved pump has a capacity of 32 gpm at a head of 440 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 annual basis, on forms provided by the Chairperson (attached), in accordance with § 13-168-7, HAR. Blank water use report forms are also available at www. hawaii.gov/dlnr/cwrmlresources~ermits.htm

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 ground water 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 per 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 Charley Ice of the Commission staff at 587-0218 or toll-free at 984-2400 (Maui), extension 70218.

CI:ss Encl: Water Use Report Forms c: Maui Department of Water Supply Wailani Drilling, Inc. • o o / LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON SUMNER ERDMAN NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY OIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

July 14,2009 4100-02,ccwc Mr. Les Wallach 7691 Calle Sin Miedo Tucson, AZ 85718 Dear Mr. Wallach: Certificate of Well Construction Completion for Well No. 4100-02 (TMK (2) 1-5-007:007) We are pleased to inform you that the Well Construction work permitted for the Muolea-Wallach Well (Well No. 4100-02) is complete and acceptable and welcome you as a new member to the community of well owners and ground water 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(t), HAR, 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 prior to the change. 5. In the event the benchmark in the concrete base of the well is altered in any way, an updated version of the Well Elevation page of the Well Completion Report Part I shall be submItted to the Commission. If a licensed surveyor had estImated the original benchmark elevation then a licensed surveyor must establish the new benchmark elevation. The Well Elevation portion of the Well Completion Report Part I can be obtained by contacting Commission staff or at our website at www.hawaii.gov/dlnr/cwrmlresources-permits.htm. Because ground water in Hawaii is a public trust, and adverse effects at one well may affect other water resources, an)' violation of the above conditions or any other provision ofthe Hawaii Admimstrative Rules may be subject to fines of up to $5,000 per 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 Charley Ice of the Commission staff at 587-0218 or toll-free at 984-2400 (Maui), extenSIOn 70218. Sincerely,

NC.KAW~w puty Direcii

CI:ss c: Maui Department of Water Supply Wailani Drilling, Inc

------, ..--~,------o o LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON SUMNER ERDMAN NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K. KIYOSAKI, P.E. LAWRENCE H. MilKE, MD., J.D.

KEN C. KAWAHARA. P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

July 14, 2009 4100-02.wcrl&2.acc

Mr. Michael Robertson P.O. Box 523 Puunene, HI 96784

Dear Mr. Robertson:

Well Completion Report Parts I and II for Well No. 4100-02

We received your Well C9ffipletion Report Parts I and II for the Muolea-Wallach (Well No. 4100-02) on May 27, 2009 and acknowledge that they are complete.

This completes your obligation under the well construction and pump installation permits. Certificates of well construction completion and pump installation completion will be issued to the well operator/landowner and you will receive a copy. These certificates transfer responsibility of specific aspects of well usage and maintenance from you to the well operator/landowner.

If you have any questions, please contact Charley Ice of the Commission staff at 587-0218 or toll-free at 984-2400 (Maui), extension 70218.

Sincerely, ~'rF'4L NC.~W ARA,P.E. ~eputy DIrect r CI:ss

c: Les Wallach o o

State of Hawaii For Official Use Only: l 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 shaM be submitted within 60 days of the completion of work. For assistance, please consult the HawaR Well Construction and Pump Instal\a1ion Standards or call the Regulation Branch at 587-0226. For updates to this form or additional information. please visit our website at http://www.stata.hi.usldlnr/cwrm/

1. State Well No.: L/I{)I)-02- Well Name: kuoLu.- /)I~II~ Island: H2>u4' 2. Address: q.l.tqt Cell-e C;;iYl Mt'edtJ,TUlSWI AZ.951/tTaxMapKey: J.'5. 001- ; OOT j 3. Drilling Company: W~n;iW1i Dr-, i Si i "', 4. Drilling method used during construction: otary )(PerCUSSion 0 Other (describe) 5. Date Well Construction (drilled,cased,grouted) completed: :t·n ,oq Attach Completed Driller's Log monlhldaylyear 6. Was the subject well cored? 0 Yes )iNO _ 7. Step-Drawdown Test completed? )(NO 0 Yes Attach Step.Drawdown Test form (12117197 SOPTD Form) 8. Constant Rate Aquifer Test completed? o No ~es Attach Constant Rate Ac ulfer Testform (12117191 CRPTD Forml Water Level . Depth to fl. above mean Reference point water .. sea level (see Dateltima of Water Level Data: elevation (feet) note below) measurement 9. Initial encountered during drilling Lj (this should also be filled in on the drUler's lOa) Ground =a5:>fI. msl '1J./-{tJ \f. ( if.·cot 10. Just prior to casing installation Ground =2X? ft. msl 1J.I.(; If I\.f">W·oq If this reference 11. After casing installation point is not the (this Information should be before any pump tests are benchmark, the OQ performed with casing Installed) difference between 4·-n· the benchmark and Chloride: ~ ppm. Temperature: {Q0 OF th~intls: I 1f I ft. '2'-11- nota: for all elevati0n8 referenced to masn sea/ave/, take the ground elevation (surveyed or astim8ted If survey not required at thiS tme) and subtract the depth to the water leVel. 12. As-built section filled in completely)( 13. Photograph of well and concrete pad showing benchmark on concrete pad attached~ 14. GPS coordinates provided in degrees, minutes, seconds~ 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: '1hjs;, \AttU YlM'1~ at ~2 qrm V'lrth 9f? po.i at 1?0' £:Itdletl~ .

Licensed Driller (print) ..J=...:...!.f.:.;I1""'_::..;:;.w:p::;...::;.;c=------C-57 Lie. No. ....:::::::.~:..-:q--l4f;w.::...:l:J=--____ Signature ~~ Dme~~~·/~?~·~oqJ______

WeRt Form 6/12107 Page 1 o~ 5 o o

12. AS-BUILT WELL SECTION (Please attach as-built if different from diagram provided below) Hole Diameter: 11· 25 in. Elevation at top of caSing ~ ft., msr -'. !.. t (to nearest 0.01 ft.) _~ j_ Minimum of 2' Radius & 4" Thick Concrete Pad ~-t: ,., Ground Elevation: $0 ft., msl 0 surveyed}' Estimated ~~ Please refer to the 1?1 ft., msl" Cement Grout: 2~1 ft. ;~r"~ -,~ HAWAII WELL CQ~STRUCTION AND o (Surveyed to (min. 70% of distance from PUMP INSIALLATION STANDARDS nearest 0.01 ft.) ground elevation to top of ;): ~ to ensure that your as-built is in compliance water surface or 500 ft., with applicable standards. )( (Estimated) whichever is less.) :~~:\! j ~'::': ::1:

Annular space between Solid Casing: (;,; 90% x (Ground Elev.-Water Level Elev» Grouting method: hole and casing (1.5" for Length: "1iPo ft. o Positive positive displacement, 3" displacement (if for other methods): Nominal Diameter: (p in. annular space is Wall Thickness: ·25 in. less than two -2Lin. Inches, attach , Bottom Elevation: -g, ft.,msl photo of tremie) Rock or Gravel Packing: ther rllo ft. Material: Open Casing: ~ Perforated o Screen o Crushed Basalt Length: 10 ft. o Rounded Gravel Nominal Diameter. ~ in.

Water Level Elevation: Wall Thickness: ·25 in. ft.,msl ft. msl" Bottom Elevation: - 1.q Total Depth ':l (item 11 from page 1) ~0D ft.

Open Hole: Length:_--'-b.L..!.ld=--______ft. Oiameter: ______in. Bottom Elevation: ______ft., msl "msl = mean sea level Solid 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 (produdion wells) 0 ASTM A312 (monitor wells) ABS Plastic conforming to ASTM F480 and ASTM 01527: (check one) 0 Schedule 40 0 Schedule 80 PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (Check one): "'Schedule 40 0 Schedule 80 0 Schedule 120 Thennoset Plastic: (check one) 0 Filament Wound Resin Pipe conforming to ASTM 02996 o Centrifugally Cast Resin Pipe conforming to ASTM 02997 o Reinforced Plastic Mortar Pressure Pipe conforming to ASTM 03517 o Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950 o PTFE 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 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): 0 ASTM A409 (produdion weils) 0 ASTM A312 (monitor wells) ABS Plastic conforming to ASTM F480 and ASTM 01527: (check one) 0 Schedule 40 0 Schedule 80 PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (check one): )tschedUle 40 0 Schedule 80 0 Schedule 120 Thennoset Plastic: (check one) 0 Filament Wound Resin Pipe conforming to ASTM 02996 o Centrifugally Cast Resin Pipe conforming to ASTM 02997 o Reinforced Plastic Mortar Pressure Pipe conforming to ASTM 03517 o Glass Fiber Reinforced Resin Pressure Pipe conforming to AWWA C950 o PTFE Fluorocarbon Tubing conforming to ASTM 03296 o FEP Fluorocarbon Tubing conforming to ASTM 03296

WCR1 Form 6112107 Paga 2 of 5 o o

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

J.,(JOOJ DRILLER'S LOG

WELL NUMBER:L/IOD- 01... In addition to the driller's log, if a geologic log was prepared, please submit with this form

Depths (ft.) Rock Description Water Level CI- Dales Depths(ft.) Rock Description WeAer Lew! CI- Dales Vi topsoil .JL to II.{ 8 I k IM.e- YO tJ<.. _ '-+/ 'b _10 ______1!:Lt084 red Clt>tj __ _10 ______'Btf to r:; + c/2Ifj I bOuJpm ~ __ _10 ______5'"Lf to ~ bku. ytlv/<. __ _to ______

~toq4 I, ,. __ _10 ______10' f 2Yn yO","" - q1f to IILf ID' bJ..iu, I(T)fk _ If}t:1 _to ______II' 1?YJ n t.I< !J!Lto I'OLfs' kUun*= 4' ~_ _to ______10' YW Yf)tk., 1'3,-/ toJ!!.:! 10' hlM.e.. vpu<. __ _to ______I2:tto.fr!:f ~: ~= Ll' cA~ ';'/,0 _10 ______

_10 ______l#tol'fLI r!f1~~~-- l~to.1d!1lpl tm VVVk.. __ _to ______1.J..!:I:.1o~ '1D'Q~lu.trv* __ _10 ______22!t to 'J-St.j fi,'bluL::ttK _ /..fit" _to ______:2tQ!:L to23:!1 !'oP+ bl&u ntl~ __ _to ______

1'fLf to 2&'},$on- b~ vvcJC- __ _to ______

_ 10 ______10 ______

_ to ______10 ______

_ to ______10 ______

Remarks: o o

CONSTANT-RATE PUMP TEST DATA (not required for wells producing < 50 gpm)

Pumped Well No. If\ 00 - 01.... Observation Well No. __X.Ll-.!0~_---> ____ Pumped Well Name K lAO l,Q~-\Nd \\'~ Distance between Obs. & Pumped Well ~:..:=...._ ft. Target Q yg gpm Reference pt. for depth to water tJ? ft. msl Static Water Level @ start of test ± ft. msJ Water level measurements by: ~Iectrical sounder 0 pressure transducer 0 airline START TEST Date: l}.1:t oq Time of day: 12li> Flow Meter Reading Start:_---.::O~_ gallons .. Suggested Actual Depth, Drawdown Data in this table is for: elapsed elapsed to S Pumping Temp. \'!if Pumped Well time time water rate 2(.°F o Observation Well t t (unadjusted Q EC cr or (nearest to nearest _oC 0.1 ft) Remarks (min) (mini 0.1 ft) (gpm) {,.tmhos} (mgll) -45 0 1-'52- 0 0 Start test -30 \'? \ I '1 " -15 ~O .1 " " 0 0 \' 0.00 L/6 W 196 . Start pump/Cr taken 1 'f\p '2'?'? ? I.~ I' · 1.5 4tD .c:;, 1'?S.tp g.(o " 2 4-"1- 251-- 1- 6,2 " 2.5 Y-1-.c;, ~~.,? '5,~ II 3 410 2'?1- .1. '5,2- I, 4 4t1 .. ' , I • 5 COO '. I, " II 6 6) .. '1 · I, 7 S2. " '. · 8 &33 .. " " 10 ~S '. L, " 15 loO " '. " 20 loS " " .. 25 ==ro " \ \ ,. .. 30 ~ " " 40 ((F5 .. \ . I. 50 Cl'S .. II " 60 lOt? 271.2 0,2- Y?

.' o o

Suggested Actual Depth Orawdown Data in this table is for: elapsed elapsed to S Pumping Temp. VPumpedWeIl time time water rate ~F o Observation Well t t (unadjusted Q EC cr or (nearest 10 nearest _oC 0.1 ft) Remarks (min) (min) 0.1 ft) (gpm) ()!mhos) (mgJI) 70 \1'5 '2&5'1,2. 5·2 Lf.s 80 \ 2'? 1, " " 90 13K? h .. " 100 I~ 'l ~f '/ 150 It.n t~,2 '5.2- 4-0 200 250 300 1 400 cr sample taken 500 600 700 1 800 cr sample taken 900 1 1000 cr sample taken 1 1500 cr sample taken 1 2000 cr sample taken 1 2500 cr sample taken 1 3000 cr sample taken '1 4000 cr sample taken 1 5000 cr sample taken 1 6000 - cr sample taken 1 7000 . cr sample taken 1 8000 cr sample taken 1 9000 cr sample taken Max possible duration, 10000 water level or quality did not stabilize for any 24 period ~ Begin recovery data next page 0 Flow meter reading at end of pumDed~fCo c:j I gals

1 Chloride sampling required 2 Use same ending drawclown figure as start for recovE!ry

o· , -- .. \. ./ o o

CRPTD Form 1012512004

Suggested Aduaf Depth Recovery Data in this table is for: elapsed elapsed to Drawdown Pumping Temp. Il(Pumped Well time time water S rate Observation Welf (unadjusted Q ~;F o t t EC cr Remarks (nearest to nearest _oC (min) (min) 0.1 ft) 0.1 ft) (gpm) (Ilmhos) (mgJI) 0 0 1~1.1. '5.1. 0 Start recovery 1 \lnlo 1.'77 '3·0 0 1.5 \UlV''5 1}5?.,q .q 0 · 2 \LD1- 1'52- 0 0 · 2.5 \U1'.'? 1/ I, 0 3 \LPB .\ I, 0 · 4 \loq ... ~. 't 0 5 11"'0 l( 0 " , 6 \'1-1 " I, 0 7 \12 " iI 0 8 l~? .\ " 0 · 10 li-£? " II 0 15 \~O I, I, 0 20 \~0 " 'I 0 25 \q 0 " II 0 30 1C\'3 '\ II 0 · 40 'La? '252 0 0 50 0 60 0 70 0 80 0 90 0 100 0 · 150 0 200 0 ~O% recovery achieved 250 0 80% recovery not achieved END TEST Date: 4: 23 -0<4 Time of day: \~4? ADDITIONAL REMARKS: j'hi~ Vv&\$. VV4'1 OWU1 ripe at \'vtll ktt?d. Person in charge of pump test (print): N~~lA QD ~ Signature:,--,._.,...."...... ,...--".....,...,.,.~..,---_~---::-:-:::--..,---_-:----,-:---:-:::--=--:'-:- The signature above Indicates that the data reported on this form Is accurate and true to the best of the person's knowledge who operated this pump test. o WELL CONSTRUCTION PERMIT Muolea-Wallach, Well No. 4100-02 Note: This permit shall be prominently displayed at the constructidn site until the work is completed

In accordance with Department of Land and Natural Resources, Commission on Water Res~urce Management's Administrative Rules, Section 13-168, entitled "Water Use, Wens, and Stream Diversion Works", this document permits the construction and testing of Muolea-Wallach (We11 No. 4100-02) at TMK (2) 1-5-007:007, Maui, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) which include but are not limited to the following conditions: I. The Chairperson of the Commission on Water Resource Ma!!agement (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weeks before any work authonzed by this penmt commences and staff shall be allowed to inspect installation activities in accordance with § 13-168-15, Hawaii Administrative Rules (HAR). 2. This permit shall be prominently displayed, or made available, at the site of construction work until work is completed. 3. 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 pump test worksheet can be obtained by contacting Commission staff or at www.hawaii.gov/dlnr/cwrmlresources..JICrmits.htm). The permittee shall submit to the Chairperson the test results as a basis fur 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 mstallatlOn permIt may be reduced m the event that the pump test does not support the capacity. 4. 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 Ch~ifP,erson. If it can be s~own that the well does not tap basal ground water then this condition may be waived ~ consultation WIth and .acceptance by CommISSIOn staff. However, m no mstance can the well be dnlled deeper than one-half (1/2) of the theorettcal thIckness without CommIssIon approval.

5. 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. 6. In the event that historically significant 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' State Historic Preservation DiVIsion. Work may recommence only after written concurrence by the State Histone Preservation Division. 7. 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 detennination of correlative water rights. 8. 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.hBwaii.gov/dlnr/cwrmlresources....Permits.htm for current form). 9. The permittee shall comply with all applicable laws, rules, and ordinances; non-compliance may be grounds for revocation of this permit. 10. The well construction permit application and, if relevant, any related staff submittal approved by the Commission are incorporated into this permit by reference.

II. If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result.

12. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance. 13. 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. 14. If the well is not to be used it must be prorerly 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 § 3-168-12(1), HAR, prior to any well sealing or plugging work. 15. 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.

16. 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 m accordance with §13-168-12(I), HAR. 17. Special conditions in the attached cover transmittal letter are incorporated herein by reference.

Date of Approval: March 6, 2009 Expiration Date: March 6, 2011 ater 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 w;1h '"Y ...... " ..ition ~., ?:;?'n.. d fi: ofup t, $5,000 P" doy ...... 'rom tho p"mH do" ,,"pprovoL

Driller's Signature: ~ C-S7 License #: C-29485 Date: 3·25· oq Wailani Drilling Services, Printed Name: Will Steele Firm or Title: Inc. --~~------Please sign both copies ofthis permit, return one copy to the Commission office, and retain the other for your records.

Attachment o MEMO and ROUTE~LlP (ver.4123/2009) 05128/09

WCR 2 Check for Well No. 4100-02 (survey to regulation memo)

1. Charley :nise/Rya~l1 (initial)

2. Pump Tests Check' special condition of PIP? Yes/No) D. Mills___ (initial) If no, describe deficiency

Step-Drawdown Test:

followed WCPI Stds o o analysis attached o o 0<70 gpm no test required

Aquifer Pump Test:

followed WCPI Stds 0 o T & S analysis attached 0 o 0<50 gpm no test required

Potential Well Interference: 0 o Potential Stream Impacts: 0 o stream names:

Additional Testing or Data Required: o o Pump Test Comments Attached: o o Proposed Pump Capacity is OK.: o o

3. Pump Installation Check Mitch Ohye 1\'-/ (initial) R. Torres ~nitial) Y~s No If no, describe deficiency

data complete o followed Special Cond & Elev. o well database updated o - 4. (£;arl~enise/Ryan _ .....(,,£....0...... ___ - (initial) take action based on above analysis

ATTACHMENTS FOR ACCEPTANCE: / 1WCR2 ACCEPTANCE LETTER I To be sent to driller 2PUMP INST. COMPLETION CERTIFICATE 7 1" 3METER INSTALL. REPORT (IF NECCESSSRY) ___ J To be sent to landowner/operator 4WUR

} Staff internal checks

5. Roy-+ (initial) check(Entered WCR 21PICC accept date into database) 6. Susan Hoagbin (initial) finalize 7. Ken ____ (initial) signature 8. Faith Ching (initial) enter into WUR database 9. <£harle¥J:penise/Ryan File o o ,~

1. State Well No.: '/100-02 Well Name: ~f,fO~- Wt)/(cdIL Island: ~. 2. Address: 4=(UJ:to H&m! Hwy 1Iqne. Hj ~ax Map Key: / - 5 ~ 001= : 00 T 3. Pump Installation Company: 1N?,/C11A '!)rilll 'fJ St/Wllt{ In () . 4. Date Pump Installed: L/ ' 21, ?vOq month/day/year 5. PERMANENT PUMP INFORMATION Pump Type, Make, Serial No.: :l3 SSO -2lp 6 mfVs I ~'BOI 002lJ -1'10 q DB I vu ) " Rated Capacity: '2 '2 gpm at head ot l± '"t' 0 ft. Motor Type, H.P., Voltage, rpm: 1YM¥-\iV1 S\J\bWl't?C?;t'ble ):=5l±P, '230 VI Pump type (check one): o 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: X Flowmeter wI totalizer Manufacturer fuvl.¥ Model no. ____ Size 211 o Other, explain and attach schematic 7. Fill in the as-buUt 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 Oompany Les ltV ~lIadJ Contact ---"s....LJet}LL.ia.lJi0600:7-_____ Address :::rt4ql C-clle SifJ HI:ed» l 7tu-$C(l &. rt5?h fb Phone fi2{)) i.P2'3 . / -g):3 Fax (27J)lJo'2-'? . 1303 11. Land Owner Company ~ Contact ....:s.lo.L:::anL.~..:::::.....::.... ______Address ______

Pump Installation contractoW>ri~---'~<:..:..:..-:::...L.:.=:;.=..--C-57/C-57a1A Lic. No. --=:::.....:...... :...::::..:::::...------il Signature ~ i oate_5::.-'_1'7_, _O_q:...-___--II

WCR2 Form 02/26107 Page 1 of 2

.' ,.,. e

7. AS-BUILT PUMP SECTION (Ple888 Bttach as-bUIlt IfdJlfenmt from dfegram provided below)

Bench marl< .,,&tion 6~ to nearest 0.Q1 ft. '" .22.!..:.ft. mean sea level

l-r~ k_...... ft. mean sea level..

Pump Intake depth :: 2(pP; ft (referenced to bench mark)

Chase tube depth =.. 1(p:t ft. (referenced to bench mark)

If airline lns1alled. ~~m of alrfina elevation = i i... .IlL2-it mean sea level .. ... Performance Curves 25 GPM Model 25S

FLOW RANGE: 18 -32 GPM OUTLET SIZE: 1112 " NPT NOMINAL DIA. 4" '·v", lit 1600

1500

1400

1300

1200

1100

1000

900 i=' UJ UJ u..- 800 0« UJ :c 700

600

500

400

300

200

" 100 ··'I'::::J_"::':•. L.,

0 0 5 10 15 20 25 30

CAPACITY (GPM) -0'2.. \JA:\....l.,..~c..~ SPECIFICATIONS SUBJECT TO CHANGE WITHOUT NOTICE. Performance conforms to ISO 9906 Annex A 4" MOTOR STANDARD •.5 -5 HP/3450 RPM. @ 2 ft min. submergence. 6" MOTOR STANDARD.7.5 -10HP/3450 RPM.

GinUNDFOS' ~ 3-10 o 0 Wailani Drilling Services, Inc. License #C57-29485 110 West Uahi Way, Wailuku, HI 96793 Phone: 808-249-0149. Fax: 808-244-4791 E-mail: [email protected]

Muolea-Wallach Well #4100-02 GPS: N 200 41.178' W 1560 00.906' .. Q,UMPINSTALLATIONPERMIT 0 Muolea-Wallach Well, Well No. 4100-02 Note: This permit shall be prominently displayed at the"site until tire 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 Muolea-Wallach Well (Well No. 4100-02) at TMK (2) 1-5-007:007, Maui, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) which include but are not limited to the following conditions:

I. 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 § I 3-168-I 5, Hawaii Administrative Rules CHAR).

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 70 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.

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

6. Th'e 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 sixty (60) days after completion of work (please contact staff or visit www.hawaii.gov/dlnr/cwrmlresources _permits.htm for current form).

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, if relevant, any related staff submittal approved by the Commission are incorporated into this permit by reference.

10. If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result

II. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance.

12. The work proposed in the pump installation permit application shall be completed within two (2) years from the date of permit approval, unless otherwise specified. The permit may be extended by the Chairperson upon a showing of good cause and good­ faith performance. A request to extend the permit shall be submitted to the Chairperson no later than the date the permit expires.

13. 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.

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

Date of Approval: March 6, 2009 Expiration Date: March 9, 2011

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 tha non-compliance with any permit condition may be grounds for revocation and fines of up to $5,000 per day start- rom the it date of approval.

Installer's Signature: C-57, C-57a, or A License #: C-29485 Date: a·25 .og /

Printed Name: Will Steele Firm or Title: WaiJani Drilling Services, Inc.

Please sign both copies ofthis permit, return one copy to the Commission office, and retain the other for your records.

Attachments o o

"Leah Robertson" To cc 05/27/200903:31 PM bcc Subject Muolea-Wallach Well #4100-02 (1/2)

Charley,

Here is all the reporting for this well too. I will send you the well drilled right before this one tomorrow. Please let me know that you received 2 emails for this well and the Honokala-Bryce well.

Thank you,

Leah WCP.pdf WCR1.pdf Well Head Photo. doc o o

"Leah Robertson" To ee 05/27/200903:33 PM bee Subject Muolea-Wallaeh Well #4100-02 (2/2)

Charley,

I accidentally typed "step draw down" for the attachment above. It is actually a constant rate. Thanks,-m Leah WCR2.pdf Pump Curve0001.pdf PIP.pdf S-te~ Ora" 9~'lld! ~~ t - () coJ,.,~SION ON WATER RESOURCE MANAGI:: ENT (11/08)

FROM: ROY SUSPENSE DATE: ------DATE: APR 2 8 2009

TO: INIT. TO: INIT: FOR: PLEASE: CHENG, C. KUNIMURA. I. __ Approval See Me CHING, F. MILLS, D. Signature Review & Comment CHONG, A. OHYE, L. Information Take Action DANBARA, S. OHYE, M. 2 Type Draft ,e>'f~ , ENGLAND, D. OSHIRO, K. __ Type Final FUJII, N. SAKODA, E. File .....2c. HARDY, R. SWANSON, S . __ Xerox _ copies .~ HOAGBIN, S. TORRES, A. -+- ICE, C. UYENO, D. IMATA, A. YODA, K. ~ KAWAHARA, K. YOSHINAGA, M. KIMURA, J.

6ee.--, ~ b ;;'5 e-w::l l a.. ~ ~wte-$ - t>~lul ci\~ [)~ ~ ~ ~ ~.- f.)J<., u.- ~ -\c ~. ® tJiilu ~ W';I!~. • ... () () o Q

" LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII OEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

May 8, 2009

TO: Dr. Daniel Polhemus, Administrator Division of Aquatic Resources

FROM: Ken Kawahara, Deputy Director Commission on Water Resource Management

SUBJECT: Community Comments on Muolea-Wallach W 11 (Well N Hana, Maui

We recently received the attached letter of concern for culturally sensitive aquatic resources, transmitting also a Marine Resources Action Plan and an article on a coelenterate producing a toxin. We are forwarding these to you in the event you may be able to advise us on the potential sensitivity of these resources to basal ground water pumpage. Our reply is also attached for your information.

Pump tests have yet to be conducted, so if there are applicable concerns, your timely comments would be very useful.

CI:ss Attachments

c: John Blumer-Buell o o

LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K. KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

May 8, 2009

Mr. John Blumer-Buell P.O. Box 787 Hana, HI 96713

Dear Mr. Blumer-Buell:

Comments on Muolea-Wallach Well (Well No. 4100-02)

Thank you very much for your letter dated April 24, 2009 concerning environmental issues at Muolea in the Hana District. The captioned well has been properly permitted after a review by agencies responsible for environmental protection and historic preservation. These permits are administrative, as this is not a water management area and the well follows the Hawaii Well Construction and Pump Installation Standards (HWCPIS). Part of the HWCPIS and permitting process is the submittal of pump testing results, which will show aquifer impacts of pumping the well and may provide evidence of interaction with surface water. Standard permit conditions specify that well construction shall not adversely affect existing or future legal uses of water in the area, including any surface water or established instream flow standard. We are awaiting those test results, and our Commission on Water Resource Management (Commission) staff have promised to share the results with you like the copy of the application and the well and pump permits already sent to you. If desired, we can also send the agency comments received during the review process, which comprises the balance of the current file. The initial application also included the exemption from Special Management Area (SMA) permitting as originally approved by the County of Maui, Planning Department and a privately contracted archaeological survey (see both, attached).

Our department does not handle other building permits for these properties, nor approvals of bed and breakfast operations. For your information, we understand that Michelle Cockett is no longer with Betsill Brothers. Thank you for supplying information concerning The Deadly Seaweed of Hana and the Muolea 2-Year Marine Resources Action Plan. You have also expressed concern about potential impacts of well pumping on both landward and seaward springs in the Muolea area. While the Water Code does not address marine resources nor the Endangered Species Act, part of our responsibility is to work in coordination with the Division of Aquatic Resources (DAR), which does have marine responsibilities. We are forwarding a copy of your information to DAR for their review and advice (memo attached). If you have access to the Hana Community Plan and its relevant concerns, your assistance in providing that .- Q Mr. John Blumer-Buell o Page 2 May 8, 2009

information is much appreciated. The Commission is further empowered to undertake other actions which may help remedy situations that occur: 1) filing a complaint for harm done concerning public water resources; 2), dispute resolution powers to sort out water resource disagreements, and 3) designation of a ground water management area and subsequent water use permits for reasonable-beneficial use.

I am informed by our staff that the well driller has reported drilling through dry rock all the way to the basal water table, suggesting that Muolea area springs are not hydrologically connected; therefore, not likely to be affected. Pump tests should give us more information to resolve this issue. If pump tests show an impact on springs, the Commission can impose restrictions on pumping from the well. We have communicated with the driller, Will Steele of Wailani Drilling, Inc. and he is prepared to cooperate with your monitoring of springs. Perhaps your community can identify the springs of interest and measure any changes during the pump tests. Your own registered diversion may be metered to provide factual information.

The requested 2,500 gpd withdrawal from this well falls within the County standard for individual parcel use, which is between 600 gpd per household to 3,000 gallons per acre for rural or large lot irrigation. We rely also on the County Water Use and Development Plans (WUDP), which are based on the Community Plans, to address the issues of appropriate well development sensitivity in any area. Maui County is currently in the process of engaging public review on these matters. If the Hana Community Plan addresses water development concerns, they should be reflected in the WUDP, but we did not receive Maui Department of Water Supply comments on this application.

Further comments and questions are welcome. Please contact Charley Ice of our staff at (808) 587-0218 or toll free from Maui at 984-2400, extension 70218.

Sincerely,

1De ty c.~*~ Director

CI:ss Attachments

c: Wailani Drilling, Inc. o o

Charley F To Roy Hardy/DLNRlStateHiUS@StateHiUS IcelDLNRlStateHiUS cc 04127/2009 09:04 AM bcc Subject Fw: Muolea Point Well, Number 4100-02

I want to be sure the Chair sees this -- it appears she should; what's the best way to confirm?

----- Forwarded by Charley F Ice/DLNRIStateHiUS on 04/27/200909:03 AM ----- John and Christel Blumer-Buell To [email protected] cc Scott Crawford , Terry Poaipuni 04/24/2009 03:44 PM , Claudia Kalaola , John Villiarimo , Emily Fielding , [email protected], Walter Pu W~ l , Jan Elliott I'( , Hank Eharis ~e t>~ Subject Muolea Point Well, Number 4100-02

JOHN BLUMER-BUELL P.O. Box 787, Hana, Hawaii 96713 Telephone 248-8972, Email [email protected]

April 24, 2009

Commission on Water Resource Management Laura H. Thielen, Chairperson Attention: Charley Ice P.O. Box 621 Honolulu, Hawaii 96809 Sent Via Certified Mail and Email --

Subject: Well Number 4100-02 at Mu'olea, Hana, Maui

Aloha Chair Thielen, Board Members and Mr. Ice,

This is a follow up to conversations I have had with Mr. Ice. I would like to begin by repeating a statement I made in a previous email to Mr. Ice. That is, "I appreciate our conversations and your knowledge of the issues. I look forward to working with you to further identify the problems and find solutions".

I am writing to intervene, if possible, or be an identified and consulted party if the sub~ct well issues BEFORE the granting of a pumping permit. i...\-ob l~J

I am a resident of Mu'olea and a member of the Na Marna 0 Mu'olea Board of Directors. The Na Mamo 0 Mu'olea Board of Directors has concerns regarding the well drilling and possible impacts of pumping on e o

resources at Mu'olea Point. However, the board has not met with a quorum to formally discuss the issues or take a formal position. Therefore, I am writing as a resident of Mu'olea and not expressing the position of Na Mamo 0 Mu'olea.

Following is some background information for your consideration:

~ There was no notification of the residents and property owners of ~olea or Na Mamo 0 Mu'olea prior to the granting of any permits.

The subject well is in the ~ecial Manag~ent Area (SMA) ~ I do not . w~ IC;:) ,,1- • M ~ ~ 'D~ understand why a SMA permit was grant d to a property adjoining an important natural, historical and cu tural site without any public notification. There is an enda ' s on the property adjoining the well site. Please read the attached article from Oceanus, "The Deadly Seaweed of Hana". The property adjoining the well site was considered so unique and important that The Trust for Public Land, The National Oceanic and Atmospheric Administration (NOAA), the County of Maui and the Office of Hawaiian Affairs partnered to purchase the property. Na Mamo 0 Mu'olea are the caretakers of Mu'olea Point. Please read _.tJ:1_E;__ !2~

Please address these concerns, including the applicable laws. Please , L.:..,":t- Jr!-- tUJ.U,I"';",-,,\ (. - II send me your file on this well for my records. - G'~'''~- . ~.- f - t I;' .,A I 2~) Meeting in Mu'olea. At an unofficial meeting in Mu'olea thE ·-'v.·.... c'" '- ~licants well driller, apparently on behalf of the applicants, (t\;."& ,in}lANtle p~ offered water to neighbors if they would install water pipes. not at the meeting, but initially received that information via rt~( . vV~(~ from a neighbor who did attend. W ot-fuej ~ Vv\.Q.Q.t}

At this point, with no public discussion, I oppose wO--U<-~, "1>Wi.~l also • U oppose the well being used for commercial purposes such as a bee ~~ • breakfast or transient vacation rental (TVR) operation. I also the well being used for the purposes of subdividing to create a;,~~ .. ~~ .. .. ".Jv t9~? ~·~·;t~ ;-,)At' . lot or lots. These, and additional issu~and possible impact: all be addressed before granting any pumping permit. The Hana Community Plan, which was adopted as a Maui County ordinance il supports my concerns. If you would like The Hana Community Pl; language, I will compile that information for you. I -- wIt.icJt. ~ ...~ r The proposal to pump 2,500 gallons is excessive. The County of ~ ~~ Maui ~ ~I . t( u~tely 5OO~l~llon per day estimate for single family ~_~~~~~~~~~~s. The appts have stated the~ are going to be part time -ff"'T'- residents. ~ 'eol - 3000 /e:tU'".(.. :hY *"r. lilt:... 4t-A-~ S 7v..,.,. ~y ~7 Mr. Ice suggested Na Mamo 0 Mu'olea should monitor the springs on , Mu'olea Point for any impacts. I agree. There needs to be baseline ~ information and a plan BEFORE pumping the well. I look forward to , setting up an acceptable and legal methodology. l.. ~ IX- P'F ~f~l . - /) It should be noted that Fawn Helekahi spoke with the well drillers and ki ~~ W·;(!I U) 0 ('" \ some Page 3 pT w/ .f~~( Vj~ •.- members of the Na Mamo 0 Mu' olea Board. I do not speak for her, but ~I\'U ~t.-Jto( think she has raised some important issues. ~i a,:.J..!).I( re<~~e ~. ,-".d1.S 6, Sr...('.c.,....A~{o-1oo- - ~t 'S She spoke of her kanaka maoli rights referencing Royal Patents. f'(\~ 4;",.<:). a; I I> I pJt:Mtr~) ~- ("41 gave her a copy of Article 12, Section 7 of the Hawai'i State Constitution regarding "Traditional and Customary Rights". She was already aware of that information. (;J My family, and others, are beneficiaries of a spring around a half 1_ jf ~ l~ ~le mauka of our property. Our property is located a few hundred P yards from the well site. The spring was recognized as a use for 7)' ~ certain properties by the County of Maui as part of a subdivision r ,_ approval process in the 1950's. I registered the use with the state in ~ the late 1980's or early 1990's. I would not expect an impact on the ~AA spring flow from pumping. However, I am mentioning it at this time to ~,~ be part of the record in case we notice a change in the flow of the j~ 1 spring. The flow of the spring has not changed in the thirty five tIP years we have car.ed for it. I ha. ve been told by "old-timers" the ? 1~~•. ,:1t spring flow was cpnstant for over a hundred years. V- I -~~~~ b

Please contact me next week to follow up with the requested . ~ ~ "- information, including the well pumping permit proce s. This is an 0i~' V , URGENT request to be part of the process before any umping permit is I j ~::? /...V.N:.vv,.}< granted. I kindly ask you to inform me of my righ to intervene or oj :i become an identified and consul ted party. / <:,V-0 'w VT 'W",J

/ I ,.~,J '. '-I,'r i;c ; U).'/tli

, ':'\ I Mahalo, / o ,f" '.(, l< ...( - I _ P -\,1..v. John Blumer-Buell . t"J+'

April 24, 2009

Commission on Water Resource Management Laura H. Thielen, Chairperson Attention: Charley Ice P.O. Box 621 Honolulu, Hawaii 96809 Sent Via Certified Mail and Email

Subject: Well Number 4100-02 at Mu'olea, Hana, Maui

Aloha Chair Thielen, Board Members and Mr. Ice,

This is a follow up to conversations I have had with Mr. Ice. I would like to begin by repeating a statement I made in a previous email to Mr. Ice. That is, "I appreciate our conversations and your knowledge of the issues. I look forward to working with you to further identify the problems and find solutions". I am writing to intervene, if possible, or be an identified and consulted party in: the subject well issues BEFORE the granting of a pumping permit.

I am a resident of Mu'olea and a member of the Na Mamo 0 Mu'olea Board of Directors. The Na Mamo 0 Mu' olea Board of Directors has concerns regarding the well drilling and possible impacts of pumping on resources at Mu'olea Point. However, the board has not met with a quorum to formally discuss the issues or take a formal position. Therefore, I am writing as a resident of Mu'olea and not expressing the position of Na Mamo 0 Mu'olea.

Following is some background information for your consideration:

1) There was no notification of the residents and property owners of Mu'olea or Na Mamo 0 Mu' olea prior to the granting of any permits.

The subject well is in the Special Management Area (SMA). I do not understand why a SMA permit was granted to a property adjoining an important natural, historical and cultural site without any public notification. There is an endangered species on the property adjoining the well site. Please read the attached article from Oceanus, ''The Deadly Seaweed of Hana". The property adjoining the well site was considered so unique and important that The Trust for Public Land, The National Oceanic and Atmospheric Administration (NOAA), the County of Maui and the Office of Hawaiian Affairs partnered to purchase the property. Na Mamo 0 Mu'olea are the caretakers of Mu'olea Point. Please read the Draft, January, 2009, "Mu'olea 2 Year Marine Resources Action Plan". o o o o

Page 2

When I became aware of the well drilling I filed a Request for Service (RFS) with the County of Maui. I was surprised by the well drilling because I had previously been told the new neighbors were going to use rain catchment as their source of water. Maui County Inspector Charles Villalon called me to make inquiries about the property and drilling. Mter researching the situation he called to say the County of Maui granted a SMA permit, SM 5-20080359. However, he did not know what laws were applicable or what representations were made to the county in obtaining a building permit. He gave me the name of the County of Maui Planner that handled the SMA application. That planner is Jean Adams Nakamura. I left her messages repeatedly requesting copies of all documentation. She has never returned my calls. I am about to file a complaint with the County of Maui just to get those documents. Can I get copies of the documentation from you, including the building permit application? Mr. Villalon also gave me the name of the owner's representative for the SMA permit. That is Michelle Cockett, former county employee with enforcement, who now works for Betsill Brothers Construction. I have left her messages repeatedly. She has never returned my calls.

Please address these concerns, including the applicable laws. Please send me your file on this well for my records.

2) Meeting in Mu'olea. At an unofficial meeting in Mu'olea the applicants well driller, apparently on behalf of the applicants, offered water to neighbors if they would install water pipes. I was not at the meeting, but initially received that information via email from a neighbor who did attend.

At this point, with no public discussion, I oppose that idea. I also oppose the well being used for commercial purposes such as a bed and breakfast or transient vacation rental (TVR) operation. I also oppose the well being used for the purposes of subdividing to create another lot or lots. These, and additional issues and possible impacts should all be addressed before granting any pumping permit. The Hana Community Plan, which was adopted as a Maui County ordinance in 1994, supports my concerns. IT you would like The Hana Community Plan language, I will compile that information for you.

The proposal to pump 2,500 gallons is excessive. The County of Maui uses approximately a 500-1000 gallon per day estimate for single family residences. The applicants have stated they are going to be part time residents.

Mr. Ice suggested Na Mamo 0 Mu'olea should monitor the springs on Mu' olea Point for any impacts. I agree. There needs to be baseline information and a plan BEFORE pumping the well. I look forward to setting up an acceptable and legal methodology.

It should be noted that Fawn Helekahi spoke with the well drillers and some o o o

Page 3 members of the Na Mamo 0 Mu'olea Board. I do not speak for her, but think she has raised some important issues.

She spoke of her kanaka maoli rights referencing Royal Patents. I gave her a copy of Article 12, Section 7 of the Hawai'i State Constitution regarding ''Traditional and Customary Rights". She was already aware of that information.

3) My family, and others, are beneficiaries of a spring around a half mile mauka of our property. Our property is located a few hundred yards from the well site. The spring was recognized as a use for certain properties by the County of Maui as part of a subdivision approval process in the 1950's. I registered the use with the state in the late 1980's or early 1990's. I would not expect an impact on the spring flow from pumping. However, I am mentioning it at this time to be part of the record in case we notice a change in the flow of the spring. The flow of the spring has not changed in the thirty five years we have cared for it. I have been told by "old­ timers" the spring flow was constant for over a hundred years.

Please contact me next week to follow up with the requested information, including the well pumping permit process. This is an URGENT request to be part of the process before any pumping permit is granted. I kindly ask you to inform me of my rights to intervene or become an identified and consulted party.

Mahalo, o o o o

Vision and Values

Kuletlfttr-Mil 'olea is our icebQx wltiJrewe go for sustenonceand we want ilto hfe·alwtlfSwell .stocked for our present andfuture generations. . .

HtmII./i1llll-Through hard work,resourceJulness,· atidactive involvement, we·restore and.mai~· tainthe abundance ofMu ·olea.

'11Id'Ike--Using the wisdom ofnii ki1Jn,tn4, and theeiJle~egained through doing, We incorpo­ rate traditional and modem science .andtechnologyto~ our knowledge and pass it on tofu"! lUre generations. . .

Ho'ollfllU-By folfilling our bJe4i;ta through Htma'~/,md 'imi'ike, Mfi 'olea is a modelJor restoring sustainable ahupua 'a JtitInIlg,ment.

A project of Ni Mamo 0 MO'olea o o

Mfi'olea Hana, Maui The ahupua'a of Mil'olea is located on the rugged and spectacular Hana Coast, approxi­ mately halfway between Hana Town and KI­ pahulu. Mil'olea is known for it's unique cul­ tural and natural resources.

King David Kallikaua maintained an idyllic summer hideaway here, and Maui's legen­ dary King Kahekili chose the uplands of Mil'olea as the place to rest and recover his constant sweep of tradewind-driven waves strength following his successful re-conquest and sea spray that flow across the tide pool of Hana in the late 1700s. Mil'olea hosts an complexes. These fishing grounds were tradi­ abundance of ancient sites - heiau, fishing tionally managed as part of the ahupua'a, a A view towards KTpahulu from shrines and mysterious stone walls. The pen­ political unit extending from the high moun­ the milo tree at Kanewai. insula is home to endangered native plant tains into the deep sea. species, an ancient Polynesian-introduced coconut grove, and an extensive and unique Expertly managed under traditional systems, tide pool complex. the sea sustained the people of Hana for gen­ erations. During the last century, the abun­ The near shore waters, coral reef and inter­ dance of marine resources in Mu'olea, were tidal ecosystems of Mil'olea are rich in ocean maintained by 'ohana who had responsibility life. Fish, crustaceans, , 'opihi and edi­ over certain areas and who maintained clear ble limu flourish here. The local Hawaiian communications and respect about resource community knows Mil'olea as the valuable use within the community, a system that has fishing and gathering grounds that have sus­ changed much in the last 25 years. tained their families for centuries. It is also known for culturally significant invertebrate This plan focuses on learning about our re­ species found no where else on earth. sources and rich heritage of ahupua'a, kono­ The coconut grove at Productivity of the region is enhanced by the hiki, and kapu systems. The first of several Mu'olea. fresh water from Kanewai spring, and the plans designed to guide community-based management of Mu'olea resources, this is a two year marine resources plan for the one mile shoreline of the ahu­ pua'a.

Community­ based Manage­ ment An IKONOS high resolution In an effort to pro­ image of Mu'olea, highlighting tect the natural and the County owned and com­ cultural resources of munity managed 70 acre par­ cel in yellow and ahupua'a Mu'olea from devel­ boundaries. opment, the commu-

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Community meeting under the Milo tree at Kanewai, Septem­ ber 2007. Participants dis­ cussed marine resources, threats and changes over time, and strategies to restore resource abundance.

NMOM has worked with: • Akule Hale • Ala Kukui • County of Maui • Department of Land and Natural Resources • Haleakalii National Park • Hana Youth Center • Hawaii Institute of Marine Biology nity organized to purchase nearly 70 acres of as well as the traditional subsistence uses, • Hawaii Wildlife Fund coastal land. In 2004 a collaboration be­ values and practices that care for resources • Hui Maka'ainana 0 tween the County of Maui, The Trust for for future generations. Makana Public Lands, National Oceanic and Atmos­ • Kahanu Gardens pheric Administration (NOAA), Office of Our Partners • KTpahulu 'OHana Hawaiian Affairs, State of Hawaii, and the In our efforts to revitalize Mii' olea marine • National Tropical Botani­ community made the purchase possible. resources, community partnerships represent cal Gardens our best hope for the future. • NOAA Today, the undeveloped parcel rna kai of • The Nature Conservancy Hana Highway is owned by the County of Voluntary associations among community of Hawaii Maui and managed by Nil Mamo 0 members, government agencies, fishermen, • Thomas S. Dye PhD. Mii'olea, an all volunteer community group. non-profit organizations, teachers and many • Trust for Public Lands others increase our capacity to reach toward The mission ofNa Mamo 0 Mii'olea is to our vision for Mu'olea. "perpetuate traditional ahupua'a manage­ ment of the Mii'olea ahupua'a and to restore Na Mamo 0 Mii'olea holds evening meet­ and maintain the area's natural, cultural, ings on the third Thursday of each month at scenic, historic and marine resources for the Old Hana School Council Meeting Room, benefit, education and enjoyment of our and is open to all interested parties who community and future generations." would like to contribute to improving Consistent with the purposes for which the unique resources and traditions ofMii'olea. land and shore line were protected, Nil Mamo 0 Mii'olea seeks to protect resources

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Action Planning cal targets carefully to determine how to Na Mamo 0 Mii'olea is utilizing a modified measure its "health" over time. version of The Nature Conservancy's Conser­ vation Action Planning (CAP) Process to de­ 4. Identify Critical Threats velop site specific strategies and prepare for This step helps you to identify the various fac­ taking action and measuring success. The plan tors that immediately affect your project's fo­ was developed through a series of more than cal targets and then rank them by priority. 10 community and working group meetings 'Opihi between September 2007 through October 5. Conduct Situation Analysis 2008. This step looks at both the biological issues and the human context in which your project mE 10 STEPS OF mE CAP PROCESS occurs. 1. Identify People Involved In Your Project 6. Develop Strategies: Objectives and Actions This step identifies your most valuable re­ This step describes what success looks like source - the people who will be involved in and develops practical and strategic actions to designing and implementing your project and betaken. your vision. 7. Establish Measures 2. Define Project Scope & Focal Targets This step involves deciding how your project With this step you define the extent of your team will measure your results and see project and select the specific species and whether strategies are working as planned. natural systems that your project will focus Manini on. 8. Develop Work Plans This step takes strategic actions and measures 3. Assess VUlbUlty ofFocal Targets and develops specific plans for doing this This step asks you to look at each of your fo- work as your project goes forward.

9. Implement Implementation is the Defining most important step in Your Project this entire process.

10. Analyze, Learn, Adapt, & Share Uhu This step provides in­ sight on how actions Community are working, what may Action Developing needtochange,and Strategies & what to emphasize next. Planning Measures Teams document what was learned and share with others.

1m plementing For more information on the Strategies & CAP process, go to: http://conserveonline.org/ Measures workspaces/cbdgatewaylcapl irukx_html e Q o

Target Species Target 3: Uhu, Menpache ('0'0), and Lob­ Five groups of resident species most desirable ster ('ula). These reef species are sought after and accessible for harvest by shoreline fishers during their active period on the reef-at night. were chosen for attention for both their role in Because of their vulnerability at night, over the ecosystem and as food for present and fu­ exploitation of these species is the primary ture generations. threat. Target 4: 'Opihi, 'A'ama, and Limu Kohu. Greater abundance of these reef and intertidal 'A'ama zone fish, limu, and invertebrates may have an These intertidal species, the slow moving lim­ effect of increasing the abundance of other spe­ pit, the quick moving crustacean, and the fra­ cies. By focusing our efforts on protecting grant are different from each other but these key harvested species we endeavor to share the same unique Hawaiian surge-zone protect and enhance the multitude of marine habitat of the tradewind-swept volcanic shores. life in the area. Target S: Kona Crab (papa 'i kua loa). Kona Target 1: Moi and Aholehole. These highly crabs inhabit the deep sandy channels off shore prized silver fish seek refuge by schooling in of Mfi'olea and are sometimes commercially the near shore areas during the day and feeding harvested. on plankton in the water column at night. An initial assessment of the current status of Limu kohu Target 2: Manini and Kole. These schooling, these five target groups, shown in Table 1, algae-eating reef fish are important for the bal­ found most of them in poor or fair condition as ance of coral and algae on the reef. They are compared to historic levels. vulnerable to harvest because they school as they scour the reef (manini), or bravely guard their home turf (kole).

Table 1. Target indicators and status. Each target spe­ cies was assigned a current status as compared to levels 20-30 years ago. and a num­ ber of ways that the health of the population could be meas­ ;;.'\II1"aIIi0l & ohua (juv) ured.

Key Attribute of Health

A= Abundance S= Size class structure (presence of all sizes in life cycle from juveniles to mature adults) B=Behavior T=Type

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Critical Threats Marine resources at Mfi' olea are impacted 2. Certain gear types for certain spe­ by multiple threats. Based on information cies from community input and personal obser­ • Throw net-Moi & Aholehole vations, we ranked the main threats for • Day spearing-Kole each conservation target (seen Table 2). • Night spearing-Uhu & Lobster • Spear guns-Uhu Over-harvest, or taking more Although these threats occur over the entire • Lobster net-Lobster than you need to feed your fam~ Hiina coastline (from Kaupo to Keanae), • Trapping-Lobster ily, and lack of knowledge about the scope of this plan is limited to Mfi'olea. • Scuba--Uhu & Lobster proper harvest techniques are Even with periodic sedimentation events • Night pole n line-Aholehole & 'fi'fi some of the primary threats to and competition with alien species such as • Gill net- All resources at Mu'oIea. ta'ape, Mfi'olea reef resources are thought to be stressed primarily by over fishing at 3. Ecosystem impacts both the ahupua'a and regional level. • Ta'ape • Sedimentation Our highest ranking critical threats fall into • Sea turtle grazing 4 groups: Table 2. Summary of 4. Commercial activities threats to resources. This 1. Unsustainable harvest techniques • Commercial take table shows which ~ • Over-harvest • Harvest for sale for parties sources are affected most • Night diving by certain threats, and • Improper picking which threats affect the most species, on a scale • Offseason from low to very high. • Wrong size • Illegal take

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Goals, Objectives & Strategies Goal 1. Reestablish and pe~tuate Our goals, objectives and strategies are de­ traditional praetkes forpoBoi signed to help us achieve our vision (see sustaiaable resouree 18aBagemeDt page 1). and replenishment.

The first and second goals and associated objective 1. JJy the.entiof 2010, sponsor 6 objectives establish increased abundance and worlcshops in lJariDJ.O:flJster dialog about overall health of resources as the highest pri­ traditiQ11f!!J#1pg?ktI0v'fJ(ige toltelp define orities. The objectives form the basis for Hawaikm tit~lknOwledgefor aku· measuring our success. puq·i/~nt.·· Laying the ground work for effec­ stnltOsies:.- ... tive management a.IdelttitYtople$d.pteSetlters and plan Q-.--.-.....-~~ :..., m. 11iI !t1l ml lMI !O~ During the two year duration of this plan, our events goals, objectives and strategies emphasize b. Oetthewordo~ttotbe.wmmunity.in working with each other to care for our ma­ effective waysrtb.11llil, ·flyers, word· of rine resources through perpetuating tradi­ mo. and Phonead1s c. Statewide, commercial catch of tional practices and monitoring resources. CollaborateWitltl*':tO.-s. including the reef fish species declined precipi­ Akule Hale,~Obana.Ala Ku,. tously between 1955 and 2000. Learning from each other about traditional lrui, Hana Youth Center" kUpuna groups knowledge and sustainable practices, and obtaining reliable data about the status of our ObjecIiVe 2. By theelk{oI2010, overall resources will help us be better managers. endemicreeffl$h.'opIhlt.r,md targeted edi­ ble limuabundance Is increased by 2()%; We believe that if community members can teach and learn about traditional practices strategies: ...... with people they respect, they will adopt a. ·Patttter for~~ and ongoing DlOm.. toring. .() ffisJ.~andintertidal~u, ...... , . . .. those values, use the practices, and share munities ...... them with others. The overall effect of this h. Communieate·With·fi~.to bqttet ... behavior change will be more resources, as understand resoUf'Ceuse and health . shown in the flow diagram below.

Ta'ape, the snapper introduced from the Marquesas Islands in the 1950s, is thought to be a major ecosystem modifier by competing with native reef fish for food and shelter.

Flow diagram showing the expected results of the strategies.

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Gea12. I.volv..... " edueatecolllmll­ uity aoou.t management strategies. .

ObjectiVe 3. Bytmr. endo/2009, develop (Jrientation matert(l/$4bout the purpose, goals and guiiJelinesto caFe /orMil'olea resources. Beyond two years Youth enjoying the ocean at Strategies: As we implement these strategies, resources Mu·olea. a. Host a meetin&'worksliop(s)to ~elop are projected to improve, resulting in more access and use policies and ~t$. community support. As resources increase and format (i.e.postCQ.;oti~ol'l;1na­ and support is gained, we expect to share our terials, signs, bando\l~'Q~fY . results with other East Maui communities b. Develop budgetand,StfC_'~ilg that want to improve their near shore re­ sources and community involvement. Objective 4. By the, e1ld0/2;iiJrie.·l1tWar­ it)' o/No MamoO Mil'Okt1~~bftrs In this way, we hope that by focusing on our and their families(inc11ltfltlt~j1lirectIY 'aina, Mil'olea, we can contribute to effec­ experience andshal'e inMil'ol,pJiro}ei:IS. tive community-based marine resource man­ agement from Ko'olaupoko to Kahikinui. Strategies: ,' " '/" ,. a. Develop amarine~~·ptQgam Measures and Monitoring tba,t involvesbrtuni- ties ' In order to know if resources are rebounding b. Identify~ co~'Witbat),cideVelopin­ from the increased availability of traditional ternships and opportunities for youth knowledge and involvement of community members, we will have three kinds of moni­ (;oall -Prou,., toring, JU•• 1iOJl of",' pra~(.r", • 'Opihi .'preveDt ..~~: • Limukohu i ' - '.. --- ~ <. " ,:.-' • ':' ,-: :,_ - ••'_, - • Reef and reef fish "ThiS goal will be ~~;at a later dat~. As a priority, each monitoring project will involve community. In addition, talk story MO'oIea community come sessions will be conducted to discuss tradi­ together to rescue a whale tional knowledge about these culturally im­ stranded in the rocky tide­ portant species. Here are some examples: pools.

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Limu Limu kohu is one of our most prized edible delicacies. Today at MIT'olea it is not as abun­ dant as it has been in the past. Through talking ==--' with community members like John and Bruce Lind, we've learned that limu kohu can be brought back to abundance through plant­ ing and cultivation. Board members survey limu We plan to involve the community by first at Kanewai with Kamaui talking-story about the edible limu in Aiona and Koa Shultz. Mu'olea, and then in replanting, caring, and eating limu kohu. Two varieties of 'opihi; 'Opihi 'opihi makaiaUli (black­ Recent studies have foot), and 'opihi '3linalina (yellow-foot). shown that 'opihi larvae do not travel among islands, rather only along the coastline of each island. Therefore each island needs to care for it's own 'opihi to ensure their perpetuation.

To learn about how our 'opihi at MIT'olea are doing, we plan to use a survey method that incorporates both local Hana knowledge and Community members and the latest in scientific survey methods with experts conduct a native partners Hawaii Institute of Marine Biology. Limukohu plant survey. Reef and Reef Fish In conjunction with the semi-annual surveys Our fishermen tell us there are less reef fish in the rocky wave-swept shores, a talk-story than before. We want to involve local fisher­ session is planned to encourage community men to help us understand our reef and reef members to share the multitude of cultural fish through semi-annual counts and sizing of knowledge about 'opihi, and the many other fish with survey partners, The Nature Conser­ species that share their rocky home. More vancy and Division of Aquatic Resources. The knowledge can help us to better manage our survey also includes assessments of the coral resources. reef itself.

With an emphasis on our target species, and with community involvement, such counts can help us to understand our resources over time and in comparison to other areas. As with 'opihi and limu kohu , we will also seek out community knowledge about our reef and reef fish though talk-story sessions.

School of manini grazing on the reef. 9 e o o o

Putting the pieces together Success in sustainably managing and caring for MIT'olea is dependant on place-based, collabo­ rative efforts by community. We want to in­ spire responsibility and pride in our places, reestablish a sense ofkuleana, and motivate, encourage and challenge this community to take collective and individual action to im­ prove the resource health, and health of our 'ohana.

Success is also dependant on communicating effectively within our community. and main­ Community and youth involvement are the key taining strong partnerships. We will also need to achieving our vision and values. to take the time to periodically evaluate our actions, share our results, and learn from the process. For more information contact: Once community input is integrated and a plan is approved by the board, working groups will Jan Elliot 248-8458 carry these actions forward between 2009 and [email protected] 2011. Towards the end of the two year period, the plan can be projected out with new strate­ Claudia Kalaola 248-7841 gies and objectives based on what we learned [email protected] and achieved together.

Na iVlamo 0 Mfi"olea Board of Directors

Bnlcc Lind - Pn's AltenJatc- I po Mailoll Pomai Konohia - Vire Alternatc- Shannon Konohia .Jan Elliott - St'C Alternate- Karen na\ idson Scott C'n'" ford -- Tn'as .\ltcrnate- Chllck Gray .J oh n BIll I1U' r-Bucll .\lttTnate- Kema Kanal,,(l'olc Terry Lt,t, Konohia Alft'rnate- Gloria Pari, .John Villiarimo .\Jternate- Clalldia Kalaola \Valter I'll Allernatc- Hank Eharis Simeon Pari" .Jr. .\lhTnate- Fahian Pari" Earl Kuailani Sr. ·\Iternate- Russell Kaanan::l

Aholehole resting in the shallows. Photo credlts- Cal,dia KalClola Scott Crawford

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'TheDeaaly: . Seaweed'.. ..,. o·f Ha.n:a·-··: ;::v'n~~(r~~i~;~~~::'k;¥:!.::! .-: >.. ~~.~~:~ ..... : - ~ ... ,:. : by Richard E. Moore, The analysis of apoison from a rare marine organism long shrouded in myth and mystery has Philip Helfrich, and ledtoa discovery that could help increase our Gregory M. L. Patterson understanding of cancer and heart disease. The story of how an unusual molecule was isolated and finally identified is a case study of the winding, branching, unpredictable footpath known as scientific research. Two decades ago, little was known about the origin of ciguatera, a human illness that can result from the ingestion of certain coral reef fishes. Researchers had noted that herbivorous fishes became ciguat~ricbefore carnivorous fishes, a fact that strongly su.ggested the causative agent, . ciguatoxin, was of algal origin and was being passed on to carnivorous fishes through the food chain. It was the search for the responsible alga that prompted University of Hawaii research scientists to follow a lead provided by an entry in Pukui and

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Elbert's Hawaiian-English Dictionary listed under, limu. At the time of the original collection, the limu, the Hawaiian word for algae and moss. The scientists were warned by the local Hawaiians of the entry, limu-make-o-Hana, which translated means deadly nature of the limu. They,said the organism "the deadly seaweed of Hana," was a possible clue. would not only injure the cO.llectors but also, by When Philip Helfrich finally found ~extension, bring them bad luck. Curiously, the first limu-make-o-Hana in 1961 at Mu'olea, south of major collection was made on the afternoon of '; ", *•• ' • ' Hana on the island ot"Maui (Figure 1), an December 30,1961; that same day, a fire of . :., ...::,-.,,:.: .. ": : '. . ,. " .... ; ...... examination of the organism disclosed that it was unknown origin leveled the Hawaiian Marine not a seaweed, but a coelenterate belonging to the Laboratory housing the investigation. ~'!~•.. genus . Extracts of the coelenterate I l When a second collection was made a short contained a powerful toxin. Although the time later, the collector became ill as he gathered physiological effects of the poison in mice were the from the pool. Inadvertently, he had clearly not ciguateric, this discovery led the primary exposed his bare hands and feet, which had author down another trail. Slowly the mystery of numerous fresh scratches and abrasions, to the limu-make-o-Hana b~gan to unfold. water in the tidepool. He noticed malaise as the Geographical and Ethnological Background water became "soupy and cloudy" with the mucous secretions of the injured coelenterates. He -'...... ~ ... ". Evidently limu-make-o-Hana had been known to the subsequently became dizzy and nauseous and Hawaiians for a long time, but apparently they did acquired a headache with the increasing malaise. As not recognize its nature. In examining notes the symptoms persisted, he was forced to visit a of 1920s artist Katherine Livermore, on file at the B. doctor who was unfamiliar with the syndrome and P. Bishop Museum in Honolulu, one could sense administered symptomatic therapy. The discomfort that the organism might have an animal-like of his hands and feet continued for a week. ' character. She indicated that the Iimu moved when The Hawaiians have a legend to explain the touched: "At Mu'olea ..• at the base of a 700-foot origin of the toxic coelenterate. Livermore recorded cliff in a tiny salt pool ••• grows this deadly Iimu on the legend as it was told to her by one of the rocks. When touched the edges contract, changing Hawaiian residents of Hana: "There lived a man in from its natural dark gray colorto a purplish hue and Hana who was most industrious and always seemed then it exudes a yellowish fluid, thus poisoning the busily engaged in planting and gathering. ater.II Surprisingly, limu-make-o-Hana appeared Whenever the people 'around there went fishing, a a be restricted to a si ngle tidepool below one of the person was always found missing on their return. teeply sloping flanks of Haleakala, a 3,OOO-meter This happened regularly, yet no one knew who to extinct volcano (Figure 2). 'Suspect. At last some of the men grew suspicious of I This same pool is mentioned by David Malo, him and, grabbing him, tore off his clothes and a chronicler of Hawaiian customs, in his 1903 book discovered on his back the mouth of a shark. They Hawaiian Antiquities: "1 was told ... that in killed and burned him, throwing his ashes into the Mu'olea, in the district of Hana, grew poisonous sea. At the spot where his ashes were thrown the moss in a certain pool or pond close to the ocean. It poisonous limu grew." was used to smear on the spear poi nts to make them Limu-make-o-Hana, known scientifically as fatal. [The] men ••• who did thejob .•. were called Palythoa toxica (Figures 3 and 4), is one of the "soft Hamohamo, the smearers. The moss is said to be of corals" of the order Zoanthidae, of the class a reddish color and still to be found. It grows . The individual polyp is 20 to 25 nowhere eise but at that one spot." " -.... " millimeters high and 4 to 6 millimeters in diameter, , , The Hana region ot Maui is sparsely with a tough outer epidermis in which sand grains populated, largely with people of Hawaiian are imbedded. In the Hana pool, it grows in a thick ' ancestry. It was difficult for scientists to locate the blanket, almost completely covering those portions .' pOol because of a general reluctance of the "."' .. that do not dry between tides. The tidepool appears : .. .:. ....~ .. \. ".'~ Hawaiians to discuss the organism ot its location. to be above the tidal level of "highest high water" in This secretiveness is pointed out in Livermore's : ...:." " the supralittoral zone on a basaltic bench. From our notes: "In the time of the Kings, * this particular observations the pool could be classified to be in a beach was tabu to the people and its location kept heavy splash zone-at the highest tides some water secret, as it was feared that people, knowing its breaks into the pool- rather than in a zone that is ' .., ••:: .. ' ... ~ *. '. • location, might use it for evil purposes." The periodically inundated by waves. Hawaiian priests had placed the tabu on the area Some physical and chemical parameters \ with a stern warning that serious harm and were recorded 'for the pool over a three-day period 'misfortune would befall anyone who disturbed the at four different tide levels in May of 1963. The data suggest some of the tolerances and ecological requirements of this organism. The pool is unshaded by nearby terrestrial vegetation, and its ·The monarchy ceased to exist in ,1898. water temperature at low tide, when no water

55 -'; -.: .:..:.~:~ .. , .,' o o o o

MOOie. ,Pismo 0) o. 4a b ..... ; . .; ",,:-. - > \i' exchange was taking place. was higher than the adjacent open ocean by 4 degrees eelsi The pool is in an area that is "freshwater runoff, for the Mu· . . . ~ .. -. moderately heavy ra'inial! (aVeral~t;!;at)1 centimeters per year ,with . up to 100 millimeters per hourl.The area du ri ng the three-day period of nh.:"'rv:lt 1.83 centimeters, and the salinity in (hepeol from 25.75 to 31.00 parts per thousand (the . \ ocean surface salinity for this area is . '-per thousand). These observations SUI~RE~stttulrl( loxica isa euryhaline and eu·rytihel"m.UzQalrlthlid, ttlOught to have survived in this location. _..... "'." ...... )hree decades, and probably for more than '. ·~ears. assuming this is the.same pool described by Figure 3. Polyps of limu-malce-o-Hana cover most of the iMalo. bottom 0; the Mu'olea tidepoo/, which is .lbollt 20 ;, The oxygen content of the tidepool at low' centimeters deep at its deepest pOin!. (Photo by S. Arthur 'tide during daylight hours was relatively high, .. ,'. <... ~" :::'}~' Reed) possibly indicating significant photosynthetic -:';' ·:·... .:::.;S;;'.:..'.W~:~~~{;~~·~ 56 .., ..

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activity by algae (zooxanthellae) that live .. It is interesting thatlimu-make-o-Hana was symbiotically in the tissues of these coelenterates. used to refer to a completely different species of ' .• ..t- Several species of juvenile fishes that nQrmally Palythoa growing outside of the Hana district of '. ..; .:;::: .:;;·:: ....~f :'~' ...~:;.:<.!~;.;~~.~:.:~.::~~: :"., ~ ... occupy supratidal pools in the Hawaiian Islands Maul. On"e wonders whether the early Hawaiians were found in the pool. These included a could have int~ded limu-make-o-Hana to refer to surgeonfish, a damselfish, a goby, and a blennie. all toxiczoanthids, sincehana make means to kill The high concentrations of mucus that were and also has been used to denote a thing of released into the water when the coelenterates destruction, such a's a weapon. .. ' ...... ' ,' .. - "'-...... :.. were harvested did not appear to adversely affect ~-~,.. 1the fishes. No other macroinvertebrates were Toxin Isolation and Identification t -..! {;{.III, b ,,"-1(>.,\, ~ l . observed in the pool. Animals could be collected from the Harrli pool only The Hawaiians also were aware that other once a year to allow for sufficient regene~ati~n of species of Palythoa were poisonous. In fact some of ,:~:~~~:~~~:};.:,i~\~jJt"~{i~~:!}t,;~::J \ the P. toxica. Attempts to grow the orgaOism In these other species were considered to be other tidepools on Maui and Oahu failed. On the . " .'. :,' sufficiently dangerous. that the Hawaiians would at average, about 250 grams of wet polyps were times fill the tide pools where they grew with sand, obtained annually, yielding approximately 70 to prevent harm to swimmers and children. milligrams of pure toxin, . On one ...... I In late 1961, a physician practicing in Hilo, ::-i.. occasion, however, five times more toxin was Hawaii, recorded treatment of an eye inju ry that was 'isolated from a collection made in the month of Ju Iy...... ' attributed to accidental contact with the mucous A scalpel was used to cut the coelenterates from the . ..,. ~:. . :',~" -' secretion of an organism which the patient, a local rocky substrate, and with the aid of a small sieve the Hawaiia01 referred to as "limu-make-o-Hana." The polyps were transferred to an airtight jar containing causative organism, however, was a different aqueous ethyl alcohol to extract the toxin. The 5~~~~~~fi~.:' species,Palythoa tuberculosa (Figure 5). Apparently collector wore rubber gloves for protection from ...... -: the patient had been gathering opihis (edible .~ .' .: .. , : . the poisonous mucous secretions that were . . " .. limpets that are a delicacy to the Hawaiians> at released into the pool during the harvest • Kaumomoa, about 10 miles southwest of Queen's Upon return to the laboratory, the aqueous '" .: .. , ... : ..-., '. .... : ..... Bath on the Kalapana coast of the island of Hawaii, alcohol, which had extracted most of the toxin, was when he sustained his injury, Unexpectedly, the decanted off and the zoanthids were extracted two implement that he was using to pry the shellfish more times. The ethanol in the combined extracts from the rocks slipped into an adjacent patch of P. was removed by distillation at reduced pressure, tuberculosa, causing some of the mucus in the and the aqueous concentrate that remained was animal to squirt into his eye. The marked edema of washed successivelywi.th benzene and n-butanol to the cornea that ensued lasted for several weeks. remove nontoxic fats and lipids. The defatted According to the patient, the Hawaiians were quite concentrate was then passed through a column of familiar with Palythoa's harmful effect on the eye powdered polyethylene with water. Palytoxin was Iand used the juice of the beach morning glory one of the few substances in the concentrate that f (Ipomoea pes-caprae), which they called Pehuehue, was absorbed onto the polyethylene. A thorough as an antidote. , . . washing of the column with water separated the .::l.'~ .~:. ~~: ..~. ~~.;.:~~:~ ~~j} ..~~~;~::.i,~~~ :~.:,~~~.--.;.. inorganic salts and other nontoxic, polar organic materials from the toxin. The toxin was then readily \ , remov.ed from the polyethylene with aqueous , '0; ethanol. Subsequent ion exchange and gel filtration .' r techniques removed remaining impurities, and 1 ( pure palytoxin was isolated from P. toxica for the ,'\. \. J' first time in April of 1963. Characterization of the toxin, however, ~'-:' '4~ proceeded very slowly during the next several .... : years. It was evident from the very beginning that ~ palytoxin had a molecuJarweight in the low , thousands and that its molecular structure totally .... lacked the familiar amino acid, sugar, and fatty acid , building blocks commonly found in biomolecules of this size. This lack of repeating units, coupled with the limited availability of the toxin, made elucidation of the structure an exceedingly difficult problem. Chemical degradation always led to very '.~, ~ ~:.;:>~~: _< ~".,r,:~ : :.: :.::, :. ... ::.. Figure 5. A colony of Palythoa tuberculosa that contains complex mixtures that could not be separated with .' ': .. ,... ~. : ',':' ..... :-,; .:.~.-.. :: .:: the same toxin as limu-make-o-Hana. (Photo by C. the chromatographic tools of the 1960s and early Bartolini) 19705. Furthermore, the degradation products often ::~- 58 o o '0

three molecules had the structure depicted in Figure 6. Nuclear Magnetic Resonance Palyt.oxin possesses 64 asymmetriC carbon The key technique in determining the atoms. At this writing, the absolute configurations elemental composition and structure of the of 60 of the 64 chi'ral centers have been proposed. palytoxin molecule was nuclear magnetic mostly from proton nuclear magnetic resonance resonance (NMR) spectroscopy, one of and circular dichroism spectral studies of the several sophisticated methods scientists have degradation products and appropriate synthetic developed for unraveling the mysteries of model compounds. ~~~~"~i?I~ " "inner space." NMR focuses on the structural The structure of palyto?Cin is unique. The l relationships of a molecule's hydrogen toxin belongs to an entirely neW class of natural atoms, but frequently the NMR spectrum is products. Its biogenesis is not at all obvious. There sufficient to determi ne the whole structu re of appear to be modifi~d f3-alanine units attached to ~ an unknown compound. The unknown highly functionalized fatty acid chain that is 115 molecule is studied by placing it in a strong \ carbons long. Some of the nonadjacent carbons magnetic field whereby the nuclei of the along this chain are interconnected by ether, ketal, hydrogen atoms behave like tiny magnets and and hemiketallinkages. There are no carbocyclic tend to orient with the magnetic field, as rings in the molecule. The C-9 to C-16 portion of the compass needles do in the earth's molecule might indicate incorporation of a gravitational field. The hydrogen protons, the monoterpene unit, but the five other methyl groups positively charged particles in each nucleus, are not in isoprene arrangements. :.... can be made to orient against the magnetic Investigations of Related Orgallisms .... field, but energy, in this case radio energy, is required. A radio-frequency (RF) field is Scientists in Japan have been engaged in an . imposed on the molecule and either the RF or intensive study of Pa/ythoa and palytoxin for over a magnetic field strength is varied so that the decade. Their investigation, like the study in different hydrogen nuclei can absorb RF Hawaii, began as a result of a search for the radiation. The absorptionsare detected by the origin of ciguatoxin. In screening toxic fishes from NMR spectrometer and are printed out in a the Ryukyu Islands. the late Yoshiro Hashimoto and spectrum. The peaks in the spectrum his associates at the University of Tokyo found that represent the different hydrogen nuclei, the filefish, A/utera scripta. contained a which, because of thei r different water-soluble toxin in the viscera that was clearly arrangements in the molecule, require different from ciguatoxin. These studies had been different energies for resonance. prompted by reports in the Ryukyu Islands that the viscera of this fish frequently caused rapid death when fed to pigs. and by the belief among fishermen in Saipan that ingestion oi this fish sometimes induced vomiting, diarrhea, and aching joints in had structures that could not be analyzed bumans. Apparently the toxin, which Hashimoto adequately with the technology available a decade I named aluterin, was only associated with the viscera ago. Structure work on palytoxin had to await the and not with the flesh of the fish. Examination of the development of more sophisticated instrumental gut contents of one of the toxic fiSh. es revealed the techniques, in particular high-performance liquid presence of crushed polyps of a zoanthid that was chromatography, for separating the complex identified as Pa/ythoa tubercu/osa. Later. aluterin mixtures resulting from the chemical degradation of was found to be identical to toxin irom P. palytoxin, and high-frequency proton nuclear tubercu/osa by direct comparison. magnetic resonance spectroscopy and ~ Structure-determination studies of the toxin field-desorption mass spectrometry, for from Okinawan P. tubercu/osa were initiated by determining the structures of the degradation Yoshimasa Hirata, formerly of Nagoya University products. The instruments for these tasks became and now of Meijo University, and his colleagues in available in the mid-1970s. the mid-1970s. Independently, this group The molecular weight, 2,681 daltons, and the concluded in early 1981 thattoxin from Okinawan P. elemental composition, Cl29H223N30S4' of the tubercu/osa has the same gross structure as the palytoxin from P. toxica were not known until major componel")t in the palytoxin from Hawaiian P. December of 1980, when the various units that were toxica. . implied from the structures of the degradation A third independent discovery of toxicity in products were assembled into a total structural Palythoa was made by Leon Ciereszko and his picture for the toxin. Palytoxin proved to be.l students at the Universitv of Oklahoma in the earl\' mixture 0/ anorneric isomers which dillered in 1960s. This group had been interested in examinir;g structure around the 55th carbon. Two out of every the fatty acid esters and sterols oi Palythoa .'

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,' ...' ..... ~I.;~ .,:' ';,~·,::::;~:<~Cj(.< ..... "'" :'£~6~!{.:Z~~~;;~~~~;,:~~'.~(::~;:::; ;'-.; Figure 6. The structure of the major patytoxin molecule from Palythoa toxica, induding absolute stereochemistry of 60 ot' the 64 asymmetric carbons. The absolute configurations of C(S]), C(58), C(61), and C(88), which are indicated by asterisks. are uncertain.

caribaeorum from the Caribbean. A specimen of intertidal zone of Kealakekua Bay on the island of this coelenterate, a zoanthid that is similar Hawaii, a coflector experienced temporary " morphologically to P. tuberculosa, had been blindness and scarring of the cornea after collected in Jamaica in July of 1960 and was being accidentally getting some mucus from a polyp into .' ,.: >':<~;i\'>'~~~~;W;i,:i~;~~/:\·S·~~·:' processed for its lipids in early 1961 when the his eye. The nature of this toxin has not been .;...... ',: discovery was made. To prepare the coelenterate determined. for extraction, one of the students had decided to pulverize 'the sun-dried animal in a blender. Some Origin of the Toxin ... ::., of the dust from this procedure leaked out into the Palythoa toxica is highly toxic at all times of the year. atmosphere and the student and two others in the The toxicity of P. tubercu/osa, on the other hand, vicinity were accidentally contaminated. That always shows a marked seasonal variation. This evening all three persons became ill with chills, colonial coelenterate is highly toxic during the nausea, and headache. The next morning, however, months of June and July and essentially nontoxic for " .. .." l . ,_.' .' the illness had completely subsided. Consequently, ~ the remainder of the year • these researchers examined the organism for The Hashimoto'group studied specimens of .: .....', toxicity, whereby they found that the zoanthid P. tuberculosa that were collected from Okinawa contained a potent, ~cHeI::Sol~substance that Island at different times of the year and noted that ' ...... ~. was highly lethal to rabbits. IsolatIon gave a toxin toxicity correlates with the number of that appears to be identical to the palytoxins from P. egg-producing female polyps in the colony. The toxica and P. tuberculosa. females, which appear in March and are present Palytoxin may not be confined to the genus until September, begin to produce eggs in May. In Palythoa. G. E. Walsh and R. l. Bowers have one experiment, the eggs that were released from described a toxic zoanthid that is not a Palythoa. In ne of the female specimens were examined and examining the new species, Zoanthus ,ound to be exceedingly toxic. Apparently the toxin kealakekuaensis, which grows on lava rock in the ~,'s accumulated in the ovaries and other

60

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! reproductive tissues of the female polyps during maturation and is lost with ovulation. The same obsetvation has been made by the Ciereszko group for still another palytoxin­ producing zoanthid, P. mammilosa, from Jamaica; " toxicity appears to be associated with the egg-containing female polyps of this animal. The Oklahoma scientists also found that P. caribaeorum ·~··,,,,"".;h;;it~~,~ shows a seasonal variation in toxicity that is ". highest in June and July, though polyps of this l zoanthid displayed high toxicity even when eggs were absent. Toxicity was not detected in Palythoa -.. ',.,,-.'.: 1species collected in Bermuda and Florida in June. The phenomenqn of the association of toxicity with reproduction occurs elsewhere in nature. Another poisonous substance, tetrodotoxin, is found in the ovaries of pufferfish bu t is not confi ned to the reproductive organs. Toxicity varies markedly among individual puffers, and even in season the ovaries of some pufferfishes Figure 7. Scanning electron micrograph of the are nontoxU:. Interestingly, cultured pufferfish are predominant bacteria observed in cultures from Nnever toxic. Tetrodotoxin is also found in the egg Palythoa toxica polyps, magnified 26,500 times. I'clusters of certain western American newts of the (Preparation of sample and SEM photograph by R. Schneider) genus Taricha. Yuzuru Shimizu, at the University of Rhode Island, has recently found that these "salamanders lose their toxicity when reared in \ captivity. He suspects that biosynthesis of the toxin toxin from this or other clonal cultures have not might actually be controlled by a microorganism in been succ~ssful to date. One possible explanation both the pufferfishes and the salamanders. for the obsetved variability in toxicity for the Although P. toxica does not show the marked cultured bacterium is that the organism may seasonal variation in toxicity obsetved in the attenuate, or lose its ability to produce toxin, quite colonial species of Palythoa, polyps of P. toxica of \;rapidly after being removed from the host. the same apparent size and age were found to differ So, our preliminary evidence suggests that substantially in toxicity. A closer examination palytoxin may be produced by a bacterium l.!J the suggested a correlation between toxicity and coelenterate. The bacterium has not been bacterial count in individual polyps. rigorously identified yet, but its morphology is To test the possibility of microbiological similar to Vibrio, a genus that is well known for its involvement in toxin production, an examination of involvement in human diseases such as cholera. the bacteria associated with P. toxica was made: One of the more common marine species is V. Bacterial cultures were prepared from parahaemolyticus, which is associated with many homogenates of several polyps of P. toxica. The marine animals and is a major cause of human J predominant bacterium was found to have a motile, bacterial'gastroenteritis. One of the hemolysins in rcutved-rod shape, approximately 0.5 by 2.5 this halophilic bacterium is a dialyzable, heat-labile, , micrometers in size (Figure 7). Ten clonal cultures of nonproteinaceous toxin. One wonders whether this organism, obtained from P. toxica collected in this latter toxin might be related structurally to August of 1981, were prepared by standard plating palytoxin. procedures, using a growth medium consisting of The illnesses that collectors and others have 0.5 percent proteose peptone, 0.5 percent tryptone, contracted in handling live, frozen, or freeze-dried and 4 percent sodium chloride adjusted to pH 8. Palythoa are probably due to mild infections by This halophilic bacterium was found to be associated bacteria. Two of LIS suffered from a eurythermal and euryhaline and 10 utilize D-glucose one.day, flu-like illness after handling a toxic either oxidatively or fermentatively. Palythoa species that h!.#een collected from a reef Of the cultures prepared from clones, only off Tahiti in May ~t~/ one proved to be toxic. The toxin (35 micrograms) l that was isolated from this single culture (100 Toxicity and Pharmacological Properties milligrams of dried cells) was found to be identical in chromatographic behavior and toxicity with Palytoxin ranks among the most poisonous palytoxin. Insufficient material was available aiter substances in nature. Although it is much less toxic purification for spectral characterization. than certain bacterial proteins such olS botulinus .1r1d Unfortunately; further attempts to produce more tetanus toxins, it is comparable in toxicity to ricin, a o o . ....

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polypeptide from the castor bean. It is one to two before thorough rinsing, moderate to severe orders of magnitude more poisonous than corneal damageappeafs \~i~4;hours..: -.•. !. " ... batrachotoxin (found in certain South American '.' P~lytoxin is a unlversjll ~OIysin that is activE' '. ,.. ,~.~~;.~; '·A/:~··~:~~~:~·:,~;':~/'-::':~~~~;:~~~~'~:~ .:". tree frogs and used by natives on arrow tips), against excitable and nonexcitable mempranes. It •• saxitoxin (one of several toxins associated with probably the most potent cytotoxiC agent known. L. paralytic shellfish poisoning), and t.etrodotoxin, and Beress and his associates at Kiel and Justus Liebig ~. - ~ is presently the most powerful nonproteinaceous , universities in Germany have found that palytoxin is . toxin known. . ,-' .i:f,;'!;'/;~'lJi;~~··;;:~)··':'· \ a powerful hemolysin of the osmotic type, with an EO$O (the minimum effective' dose for 50 percent oi .' .... _.. '1 The intravenous lethality of palytoxin has been determined in several animals, namely the the animals tested) betwee.n 10 picograms and 2 l rabbit, dog, monkey, rat, guinea pig, and mouse, by nanograms per milliliter, depending on col1 ditions, investigators at the U.S. Army's Edgewood Arsenal CytolYsis occurs slowly and is preceded by a large ,' •. '}~:.'\:.:::'~~:,;;,:~ ~:ri~¥'~~?~{~;h~(~ in Maryland. Its average lO$O (the minimum lethal potassium loss. ErythroCytes that possess more. dose that will kill 50 percent of the animals tested) . sodium than potassium as intracellular cations are .. ' ranges from 25 nglkg (nanograms per kilogram of less sensitive to palytoxin. The toxin does not appear to be inactivated during hemolysis...... bodyweight) in the rabbit, the most susceptible ".- animal tested, to 450 nglkg in the mouse. Palytoxin ...... : 0 •• is slightly less toxic when administered by intraperitoneal, intramuscular, subcutaneous, and Medical Research Applications intratracheal routes, but is far less toxic when given There is little doubt that palytoxin will be an by intrag,astric or intrarectal routes. Postmortem invaluable tool for medical and physiological examinations of rats, rabbits, dogs, and monkeys research. It will be particularly useful forelucidating . receiving fatal doses show that palytoxin affects the the complex biochemistry involved in diseases of cardiovaSCUIClr' gastrointestinal, respiratory, and the heart. Pharmacological studies indicate that , renal systems ,and that it is an extremely palytoxin greatly perturbs the sodium, potassium, ~emorrhagic substance. Histological damage and calcium ion fluxes in cells. In a myocardial cell, appears in many internal. organs. The signs of an increase in the concentration of calcium ions is toxicity vary somewhat for the various animals very harmful. The ions damage the mitochondria tested: Mice become drowsy and inactive initially within the cell, haltingthe production of adenosine with prostration, labored respiration, and triphosphate (ATP). This in turn leads to loss of convulsions occurring prior to death. The early energy for contraction and relaxation of cardiac and signs in dogs are defecation and vomiting, followed smooth muscles. In addition, increased calcium I by loss of muscle coordination, weakness, collapse, .. uptake into a myocardial cell stimulates protease i and death; drowsiness, which is a prominent early and phospholipase enzymes. The substances ; sign in most animals, is less noticeable in dogs. , released by this stimulation cause massive damage The primary cause of death appears to be to the ultras!ructure of the membrane, resulting in congestive heart failure. Autopsy of a mouse lesions in the cell wall and, consequently, increased receiving a fatal intravenous injection of palytoxin permeability of the cell to still more calcium ions reveals an extreme enlargement of the right ,but not from the surrounding interstitial fluid. The changes of the left, ventricle of the heart and accumulation in the sodium and potassium levels, therefore, rna\' "of fluid in the lung, indicating a narrowing of the be secondary effects - consequences of ; pulmonary vessels as the most probable cause of membrane. 9afnage,~~p by the increased 1 death. According to Pushkar Kaul at the University calcium uptake by the cells. . of Oklahoma, as little as 25 nglkg injected into a dog The mechanism by which pal~oxin causes can induce profound coronary vasoconstriction and this increased calcium uptake is unknown. One .'~:'. ·~<:;:~:>:~··:·7::;.:;,~:y~~::'~' ': produce an elevated T-wave in the electro­ possible explanation is that the toxin binds' to the ...... • o~. cardiogram of the animal. At this dose the toxin calcium channel of the membrane in such way that .' '~.. ':... ':. _.' a " " .f " .' induces intense cardiac muscle contractions that the channel gate remains open after contraction. Ii ". ::', ...... -.._ .:0:, .. can lead to cardiac arrest. The contractions are this is true, palytoxin could provide detailed associated with an increased uptake of 9l.d.wn.by information about the nature and structure of the

• '. t the myocardial tissue •. calcium channel. Palytoxin is strongly irritating, in particular to Palytoxin could also be useful in cancer !he ey!!. When 100 to 400 nglkg is instilled into rabbit research. Some cancerous cells appear to be very eyes and not rinsed out, there is moderate tearing, susceptible to,the toxin, while others may be swelling, edema, and conjunctivitis after four produced by it. Palytoxin completely cures Ehrlich ...... hours, which becomes severe within 24 hours. The ascites carcinoma in mice, for example. at doses as ...... '. -:. '. "'.'>" :~:~'.t~':.: .~~',::,<,-~,~' conditions persist for at least a week. Irreversible low as 5.3 nglkg. However. its antineoplastic activity ocular lesions occur at the higher dOM! level. When against P-388 lymphocytic mouse leukemia. a a rabbit's eyes are exposed to 5 micrograms oftoxin cancer cell commonly used in cancer research, is per kilogram of bodyweight for 1 to 15 minutes:t. only marginal. .' '~~'~l, 62 o o o

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Hirota Fujiki and Takashi Sugimura. at Japan's Acknowledgments National Cancer Center Research Institute in Tokyo. Recent research on P~/ythoa at the University of Hawaii .•!: are currently evaluating palytoxin as a skin tumor has been supported by Grant CHE79-25416 from the '." ;.. : .•... :. :': ..:: ',-?' "; "~ . promoter, and thei r prelimi nary results suggest that National Science Foundation and PHS Grant CA12623-09. it may be active. Skin cancer proceeds in two major awarded by the National Cancerlnstitute, Department oi stages. In the first stage, the initiation stage, the Health and Human Services. "I carcinogen reacts irreversibly with the DNA of the cell. Initiation alone, however, will not produce a tumor. In the second stage, which is exceedingly complicated and not well understood, the initiated Selected References ~-~~,./'. cell is transformed into a cell of a benign tumor, and Attaway. D. H .• and l. S. Ciereszko. 1974. Isolation and partial finally into a cell of a malignant cancer, by a characterization of Caribbe,n palytoxin. Proceedings of the noncarcinogenic substance known as a tumor Second International Coral Reef Symposium: 497-504. ·?~};t,~:~,?j.?~~?';;­ potent antitumor activity when this portion is uptake in isolated ventricle strips. Research Communications covalently bonded to an immunoglobulin. -. in Chemical Pathology and Pharmacology 11: S5-64. Uemura. D., K. Ueda, Y. Hirata. H. Naoki, andT.lwashita. 1981. Diphtheria toxin by itself has no anticancer activity. , Structure of palytoxin. Tetrahedron Letters 22: 2781·2784. Could the anticancer activity of the palytoxin Walsh, G. E., and R. l. Bowers. 1971. A review of Hawaiian molecule be enhanced by attaching it to an zoanthids with.descriptions of three new species. Zoological immunoglobulin? Further research is needed Journal of the Linnean Society 50: 161-180. Wiles. J. S., J. A. Vick. and M. K. Christensen. 1974. Toxicological before we will know if this enigmatic extract from evaluation of palytolCin in several animal species. Toxicon 12: the legendary limu-make-o-Hana proves beneficial 427-433. to humankind.

Richard E. Moore is a Professor of Chemistry at the University of Hawaii in Honolulu. Philip Helfrich is Direc/orofthe Hawaii Institute of Marine Biology. Gregory M. L. Patterson is a biologist in the Chemistry Department ...... of the University of Hawaii .

...... '

.... .'

Letters Welcomed! '.-, ~. The editors of Oceanus urge you (our readers) to write us about anyc;oncems you may have involving oceanic matters. Starting with the Fall issue, we will open our editorial space to a limited number of letters from readers. Theseletters can be on any topic -ranging from reactions to specific articles in our Sum,meror Spring issue to matters in the marine field that you feel should be broughtto ,the attention of the oceanographic community. . ,.' ','. ,.~. ' ,.: ,. '

01 ~,~~.. ' "-:"'::'';~~~:''~~~'':4 COQSSION ON WATER RESOURCE MANAQMENT (11/08)

FROM: ROY DATE: APR 2 9 2009 SUSPENSE DATE:

TO: INIT. TO: INIT: FOR: PLEASE: CHENG, C. KUNIMURA. I. __ Approval See Me CHING, F. MILLS, D. Signature Review & Comment CHONG,A. OHYE,L. Information Take Action DANBARA, S. OHYE, M. Type Draft ENGLAND, D. OSHIRO, K. Type Final FUJII, N. SAKODA, E. File HARDY, R. SWANSON, S. __ Xerox _ copies HOAGBIN,S. TORRES, R. ICE,C. UYENO, D. IMATA, A. YODA, K. KAWAHARA, K. _ YOSHIt:JAGA, M. ~ • • _ ··If J KIMURA, J. As- we. Jv.sOLHerl ') ~ ~(~~ reh~~o( rf-J' eV:e;Mrir~ 6-V~ ATf 6-fp roy-e.d 1tU,J MlvU)~ ~'t-. G~r~7~.{S~Vw('l» wPifltVI ~ .5 M 4f ~I'/t-'v-W e4Vf/(/tJV'I ttfJc ~ pJef t frp r·"-~"'l~ ~ c " ...

CI-lARMAINE TAVARES Mayor o o JEFFREY S. HUNT Director COHHlg!fir~~OWATe:R KATHLEEN ROSS AOKI RESOURCE MANAGEMENT Deputy Director .APRII ...... COUNTY OF MAUl DEPARTMENT OF PLANNING

April 27, 2009

Ms. Michelle Cockett P.O. Box 1644 Wailuku, Hawaii 96793

Dear Ms. Cockett:

SUBJECT: SPECIAL MANAGEMENT AREA (SMA) MINOR PERMIT FOR THE CONSTRUCTION OF MUOLEA-WALLACH GROUNDWATER WELL (NO. 4100-02) AND PUMPHOUSE, 46-070 HANA HIGHWAY, HANA, ISLAND OF MAUl, HAWAII; TMK: (2) 1-5-007:007 (SMX 2008/0524) (SM2 2009/0032)

In response to your application received on December 2, 2008, and in accordance with the SMA Rules for the Maui Planning Commission, Sections 12-202-12 and 12-202-14, a determination has been made relative to the above project that:

1. The project is a development;

2. The project has a valuation not in excess of $125,000.00; (Valuation: $80,000.00)

3. The project has no significant adverse environmental or ecological effect, taking into account potential cumulative effects; and

4. The project is consistent with the objectives, policies, and SMA guidelines set forth in the Hawaii Revised Statutes (HRS), Chapter 205-A, and is consistent with the County General Plan and Zoning.

In consideration of the above determination, a SMA Minor Permit is approved subject to the following conditions:

1. That construction shall be in accordance with preliminary plans submitted on December 2, 2008.

2. That construction of the improvements shall be initiated by April 30, 2010 and shall be completed within one (1) year of said initiation.

3. That Best Management Practices (BMPs) shall be implemented to prevent erosion and construction related runoff and to protect surface and groundwater resources.

250 SOUTH HIGH STREET, WAILUKU, MAUl, HAWAII 96793 MAIN LINE (808) 270-7735; FACSIMILE (808) 270-7634 CURRENT DIVISION (808) 270-8205; LONG RANGE DIVISION (808) 270-7214; ZONING DIVISION (808) 270-7253 o o

4. That a well construction permit and/or pump installation permit shall be obtained from the State of Hawaii Department of Land and Natural Resources - Commission on Water Resource Management (CWRM) prior to construction.

5. That a backflow prevention device approved by the County of Maui Department of Water Supply (DWS) shall be installed to provide sanitary protection to the DWS.

6. That monthly pumpage quantity from the well shall be documented, verifiable, and reported to DWS and CWRM every six (6) months. Failure to comply with this requirement or submission of inaccurate or false information may lead to the immediate revocation of this SMA permit by the Department of Planning and may be subject to fines.

7. That in the event historic properties are identified during construction, all work shall cease, and the applicant shall immediately contact the Oahu (808-692-8023) and Maui (243-5169) Offices of the State Historic Preservation Division (SHPD).

8. That full compliance with all applicable governmental requirements shall be rendered.

Please be advised that this permit, SM2 2009/0032, supersedes permit SM5 2008/0359 issued on December 16, 2008. Permit SM5 2008/0359 is null and void effective immediately.

Thank you for your cooperation. If additional clarification is required, please contact Staff Planner Paul Fasi by email at [email protected] or by phone at (808) 270-7814.

Sincerely, ~-Q·r CLAYTON I. YOSHIDA, AICP Planning Program Administrator

For: JEFFREY S. HUNT, AICP Planning Director ...... o o

Ms. Michelle Cockett April 27, 2009 Page 3

xc: Aaron H. Shinmoto, PE, Planning Program Administrator (2) Paul F. Fasi, Staff Planner Development Services Administration DLNR, CWRM DWS SHPD 2009/SM2 Minor Permit File General File JSH:CIY:PFF:sg K:\WP _DOCS\PLANNING\SM2\2009\0032_Cocketl\SM2well,doc o o

John and Christel To Charley.F.lce@hawaiLgov Blumer-Buell cc Scott Crawford , Terry Poaipuni , Claudia Kalaola 04/24/2009 03:44 PM , John Villiarimo bcc Subject Muolea Point Well, Number 4100-02

JOHN BLUMER-BUELL P.O. Box 787, Hana, Hawaii 96713 Telephone 248-8972, Email [email protected]

April 24, 2009

Commission on Water Resource Management Laura H. Thielen, Chairperson Attention: Charley Ice P.O. Box 621 Honolulu, Hawaii 96809 Sent Via Certified Mail and Email

Subject: Well Number 4100-02 at Mu'olea, Hana, Maui

Aloha Chair Thielen, Board Members and Mr. Ice,

This is a follow up to conversations I have had with Mr. Ice. I would like to begin by repeating a statement I made in a previous email to Mr. Ice. That is, "I appreciate our conversations and your knowledge of the issues. I look forward to working with you to further identify the problems and find solutions".

I am writing to intervene, if possible, or be an identified and consulted party in the subject well issues BEFORE the granting of a pumping permit.

I am a resident of Mu'olea and a member of the Na Mamo 0 Mu'olea Board of Directors. The Na Mamo 0 Mu'olea Board of Directors has concerns regarding the well drilling and possible impacts of pumping on resources at Mu'olea Point. However, the board has not met with a quorum to formally discuss the issues or take a formal position. Therefore, I am writing as a resident of Mu'olea and not expressing the position of Na Mamo 0 Mu'olea.

Following is some background information for your consideration:

1) There was no notification of the residents and property owners of Mu'olea or Na Mamo 0 Mu'olea prior to the gra~ting of any permits.

The subject well is in the Special Management Area (SMA). I do not understand why a SMA permit was granted to a property adjoining an important natural, historical and cultural site without any public notification. There is an endangered species on the property adjoining the well site. Please read the attached article from Oceanus, "The Deadly Seaweed of Hana". The property adjoining the well site was considered so unique and important that The Trust for Public Land, The National Oceanic and Atmospheric Administration (NOAA), the County of Maui and the Office of Hawaiian Affairs partnered to purchase the o o property. Na Mamo 0 Mu'olea are the caretakers of Mu'olea Point. Please read the Draft, January, 2009, "Mu'olea 2 Year Marine Resources Action Plan". Page 2

When I became aware of the well drilling I filed a Request for Service (RFS) with the County of Maui. I was surprised by the well drilling because I had previously been told the new neighbors were going to use rain catchment as their source of water. Maui County Inspector Charles Villalon called me to make inquiries about the property and drilling. After researching the situation he called to say the County of Maui granted a SMA permit, SM 5-20080359. However, he did not know what laws were applicable or what representations were made to the county in obtaining a building permit. He gave me the name of the County of Maui Planner that handled the SMA application. That planner is Jean Adams Nakamura. I left her messages repeatedly requesting copies of all documentation. She has never returned my calls. I am about to file a complaint with the County of Maui just to get those documents. Can I get copies of the documentation from you, including the building permit application? Mr. Villalon also gave me the name of the owner's representative for the SMA permit. That is Michelle Cockett, former county employee with enforcement, who now works for Betsill Brothers Construction. I have left her messages repeatedly. She has never returned my calls.

Please address these concerns, including the applicable laws. Please send me your file on this well for my records.

2) Meeting in Mu'olea. At an unofficial meeting in Mu'olea the applicants well driller, apparently on behalf of the applicants, offered water to neighbors if they would install water pipes. I was not at the meeting, but initially received that information via email from a neighbor who did attend.

At this point, with no public discussion, I oppose that idea. I also oppose the well being used for commercial purposes such as a bed and breakfast or transient vacation rental (TVR) operation. I also oppose the well being used for the purposes of subdividing to create another lot or lots. These, and additional issues and possible impacts should all be addressed before granting any pumping permit. The Hana Community Plan, which was adopted as a Maui County ordinance in 1994, supports my concerns. If you would like The Hana Community Plan language, I will compile that information for you.

The proposal to pump 2,500 gallons is excessive. The County of Maui uses approximately a 500-1000 gallon per day estimate for single family residences. The applicants have stated they are going to be part time residents.

Mr. Ice suggested Na Mamo 0 Mu'olea should monitor the springs on Mu'olea Point for any impacts. I agree. There needs to be baseline information and a plan BEFORE pumping the well. I look forward to setting up an acceptable and legal methodology.

It should be noted that Fawn Helekahi spoke with the well drillers and some Page 3 o o

members of the Na Mamo 0 Mu'olea Board. I do not speak for her, but think she has raised some important issues.

She spoke of her kanaka maoli rights referencing Royal Patents. I gave her a copy of Article 12, Section 7 of the Hawai'i State Constitution regarding "Traditional and Customary Rights". She was already aware of that information.

3) My family, and others, are beneficiaries of a spring around a half mile mauka of our property. Our property is located a few hundred yards from the well site. The spring was recognized as a use for certain properties by the County of Maui as part of a subdivision approval process in the 1950's. I registered the use with the state in the late 1980's or early 1990's. I would not expect an impact on the spring flow from pumping. However, I am mentioning it at this time to be part of the record in case we notice a change in the flow of the spring. The flow of the spring has not changed in the thirty five years we have cared for it. I have been told by "old-timers" the spring flow was constant for over a hundred years.

Please contact me next week to follow up with the requested information, including the well pumping permit process. This is an URGENT request to be part of the process before any pumping permit is granted. I kindly ask you to inform me of my rights to intervene or become an identified and consulted party.

Mahalo,

John Blumer-Buell Wailani D~ling Services, Inc. 0 License #C57-29485 110 West Uahi Way, Wailuku, HI 96793 Phone: 808-249-0149. Fax: 808-244-4791 E-mail: [email protected]

Notice to start work Muolea-Wallach Well #4100-02

Dear Charley, March 25,2009

This is to inform you that we will be mobilizing our drill rig & equipment to this location nd and intend to start drilling by Thursday April 2 , 2009. Please let me know that you received this notification.

Thank you, Leah Robertson Assistant Project Coordinator o o

LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K. KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

March 17, 2009

Ref: 4100-02.pip

Mr. Will Steele Wailani Drilling Services, Inc. P.O. Box 523 Puunene,HIT 96784

Dear Mr. Steele:

Pump Installation Permit Muolea-Wallach Well (Well No. 4100-02)

Enclosed are two (2) originals of your approved Pump Installation Permit for the captioned well(s) that authorize permanent pump installation work for your well( s). As part of the Chairperson's approval, the following special conditions were added and are part of your permit under Permit Condition 14:

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.

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 permit originals and return one copy to the Commission office 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 Charley Ice of the Commission staffat 587-0218.

Sincerely, ~t{aw~~ ~./ L RA H. TH~~EN to Ch' rperson

Enclosure

c: Les Wallach USGS MauiDWS ~PUMP INSTALLATION PERMI8 / 'uolea-Wallach Well. Well No. 4100.:'M' 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 l3-168, entitled "Water Use, Wells, and Stream Diversion Works", this document permits the pump installation for Muolea-Wallach Well (Well No. 4100-02) at TMK (2) 1-5-007:007, Maui, 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 §I3-I68-I5, Hawaii Administrative Rules (HAR).

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 70 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.

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 sixty (60) days after completion of work (please contact staff or visit www.hawaii.gov/dlnr/cwrm/resources -permits.htm for current form).

8. 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.

9. The pump installation permit application and, if relevant, any related staff submittal approved by the Commission are incorporated into this permit by reference.

10. If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result.

11. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance.

12. The work proposed in the pump installation permit application shall be completed within two (2) years from the date of permit approval, unless otherwise specified. The permit may be extended by the Chairperson upon a showing of good cause and good­ faith performance. A request to extend the permit shall be submitted to the Chairperson no later than the date the permit expires.

13. 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.

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

Date of Approval: March 6, 2009 N, Chairperson Expiration Date: March 9, 2011 Comm ssion on Wat r 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-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.

Installer's Signature: C-57, C-57a, or A License #: C-29485 Date:

Printed Name: Will Steele Firm or Title: Wailani Drilling Services, Inc.

Please sign both copies ofthis permit, return one copy to the Commission office, and retain the other for your records.

Attachments o o I LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

March 17, 2009

Ref: 4100-02,wcp Mr. Will Steele Wailani Drilling Services, Inc. P.O. Box 523 Puunene,fll 96784 Dear Mr. Steele: Well Construction Penn it Muolea-Wallach (Well No. 4100-02) Enclosed are two (2) copies of your approved Well Construction Pennit for the captioned welles) that authorize well construction activities but excludes installation work for a pennanent pump. As part of the Chairperson's approval, the following special conditions were added and are part of your pennit under Penn it Condition 17: 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 emuent from well drilling and testing activities. Also, please contact the Noise Radiation and Indoor Air Quality Branch at 586-4700 to check compliance with construction noise permit requirements for this project. 2. Attached for your information is a copy of the State Department of Land and Natural Resources Land Division's comments related to water lease requirements.

3. A variance is granted for greater than 200 feet of PVC Schedule 40 casing, so long as no more than 200 feet is grouted. Bear in mind that the well standards require grouting of only 700;,. of the depth to water, or an estimated 168 ft. Please refer to the Pennit Processes Worksheet (transmitted with your acknowledgement letter) for further infonnation 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 penn it originals and return one copy to the Commission office for our files. For copies of the aquifer pump test worksheet, please call staff or visit www.state.hi.us/dlnr/cwrmlfonns.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 Charley Ice of the Commission staffat 587-0218.

c: Les Wallach (with applicable comments - DOH SDWB, WWB, CWB, Land Division) USGS MauiDWS o WELL CONSTRUCTION PERMIT I Muolea-Wallach, Well No. 4100-02 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 Muolea-Wallach (Well No. 4100-02) at TMK (2) 1-5-007:007, Maui, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) which include but are not limited to the following conditions:

1. The ChaifP-erson of the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notified, in writing, at least two (2) weeks before any work authorized by this permit commences and staffshall be allowed to inspect installation activities in accordance with §13-168-15, Hawaii Administrative Rules (HAR). 2. This permit shall be prominently displayed, or made available, at the site of construction work until work is completed. 3. 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 pump test worksheet can be obtained by contacting Commission staff or at www.hawaii.gov/dlnr/cwrmiresources.-permits.htm). The permittee shall submit to the Otairperson 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. 4. 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. If it can be shown that the well does not tap basal ground water then this condition may be waived after consultation with and acceptance by Commission staff. However, in no instance can the well be drilled deeper than one-half (112) of the theoretical thickness without Commission approval. 5. 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. 6. In the event that historically significant 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' State Historic Preservation DiVIsion. Work may recommence only after written concurrence by the State Histonc Preservation Division. 7. 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. 8. 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/cwrm/resources'-permits.htm for current form). 9. The permittee shall comply with all applicable laws, rules, and ordinances; non-compliance may be grounds for revocation of this permit. 10. The well construction permit application and, if relevant, any related staff submittal approved by the Commission are incorporated into this permit by reference.

11. If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result.

12. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance. 13. 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 ofgood 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. 14. 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), HAR, prior to any well sealing or plugging work. IS. The permittee, its successors, and assigns shall indenmiry, 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.

16. 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 m accordance with §13-168-12(f), HAR. 17. Special conditions in the attached cover transmitta1letter are incorporated herein by reference.

Date of Approval: March 6, 2009 WLA Expiration Date: March 6, 2011 -r- Co ater 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-S7 License #: C-29485 Date: ~~~~------Wailani Drilling Services, Printed Name: Will Steele Firm or Title: Inc. ~~~------Please sign both copies ofthis permit, return one copy to the Commission office, and retain the other for your records.

Attachment cQMISSION ON WATER RESOURCE MANAGE~ ENO /. f I ~{ V\(1)~ ~ • ROUTE SLIP FOR PERMIT ISSUANCE 5/19/0 1__ ~\O\LI, I _ (/I/'- _ '> I ~~~ oW ~'I.... ~ ",.,..w..... <:JlIC I'F'o ~ -+0 k.lt.1':. C\I\. ern J N<.,.1 FROM: CHARLEY DAT~ SUSPENSE DA =:

TO: INIT. FOR: PLEASE:

ANAKALEA, P. KUNIMURA, I. Approval See Me --BAUER,G. NAKAMA, L. --SignaturE -1-Review & Comment CHING, F. NAKANO, D. -3-lnformatic 1 Take Action DANBARA, S. -3-0HYE,M. Type Draft FUJII, N. SAKODA, E. -2-Type Final GOODING, K. -2-SUBIA, S. 4 File -1-HARDY, R. SWANSON, S. Xerox copies HIGA, D. UYENO, D. ICE, C. YODA, K. IMATA, R. YOSHINAGA, M.

WELL NUMBER 4100-02 M (j'olea-Wallach

~ WELL CONSTRUCTION

ATTACHMENTS FOR WELL CONSTRU"GTION PERMIT: 1 COVER LETTER ~ 2 PERMIT (2x) -L- COMMENTS: 3 SDWB 4 WWB 5 CWB TO BE SENT TO APPLICANT 6 HEER 7 LD 8 HP 9 OCCL ~"~~it~.~ FOR OFFICE USE ONLY rg( PUMP INSTALLATION

ATTACHMENTS FOR PUMP INSTAL¥ON PERMIT: 1 COVER LETTER 2 PERMIT (2x) __ COMMENTS: 3 SDWB 4 WWB 5 CWB TO BE SENT TO APPLICANT 6 HEER 7 LD 8 HP 9 OCCL 10 SMA i:ur.~."Rl!lfIllmi,_ FOR OFFICE USE ONLY o o

Results lY'[eli Depth Theoretical Thickness of Aquifer 410 1/4 Aquifer Thickness 102.5 Depth orWell below Sea Level ". -20 okay Section 2.2 Well Casing Minimum Wall Thickness

Material I pvc plastic Minimum Thickness per standards no requirement . .Wall.T.lJickness Provided 0.25 no standai'd\ Section 2.4(b) Minimum Length of Solid Casing 90% of ground to top of aquifer 216 L~ngth.orsolidcasing Provided.> .. ; .... " ..•....··.··/ .. :ii;i ••. r250 okay Section 2.4(c) . '\ ... '" . CaslngMJ:Jterial . Schedule 40: ,. mt" ..... ,... ~ Section 2.4( d) (forp~b:ohly "check for 200' limit) ··'-I..f too deep for p'as~ Section 2.4(d) Annular Space I-- J Depth of Grouting Calculated Depth of Grouting 168 .Qept/f~fJ$routing proyided .. .200 okay Section 2.6(c) Minimum Annular Space required 2 I .. i i ThickiJess:o( Annular Space /. .. ' ': .. /i·\1. .:. ' i /3"1:2Q okay .I Section 2.6(d) /

yes no steel stainless steel o

pvc plastic abs plastic thermoset plastic other pvc plastic steel stainless steel pvc plastic Schedule 40 ANSI/AWWA C200 ASTMA409 Schedule 40 Schedule 80 API Spec. 5L other Schedule 80 other ASTMA53 other ASTM A139 ASTMA606 other positive displacement other steel public 0.28 steel non public #N/A ,. o o

LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII RECElVEct CHAIRPERSON MEREDITH J. CHING LAND DIVISION JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L FUKINO, MD DONNA FAY K. KIYOSAKI, PE. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. DEPUTY DIRECTOR DC. :J T r, - , STATE OF HAWAII UATt!. I. ;.)f WM6~TOF\LANDAND NATURAL RESOURCES ,.. S liWMMI.~gJ'fm!SWATER RESOURCE MANAGEMENT TAT~ Hf UtAI'· P.O. BOX 621 '- rrJAr HONOLULU HAWAII 96809

February 5, 2009

TO: Morris Atta, Administrator Land Division

FROM: Ken C. Kawahara, P.E., Deputy Director Commission on Water Resource Management

SUBJECT: Well Construction/Pump Installation Permit App 'cation Muolea-Wallach (Well No. 4100-02) TMK (2) 1-5-007:007

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 with regard to the programs, plans, and objectives specific to your division. Please respond by returning this cover memo form by March 6, 2009. If we do not receive comments or a request for additional review time by this date, we will assume you have no comments.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Charley Ice of the Commission staffat 587-0218.

CI:ss Attachment( s) ?"") RESPONSE: in ... ') <:: [ ] A water lease/permit is required of this applicant and an application for such will be requisted by.B.r or} division.:;~ ~ c::::> .::J .. j [XJC A water lease/permit is not required of this applicant.

[ ] A water lease/permit has been obtained by the applicant through lease no. ______

[ ] Other relevant Land Division rules/regulations, information, or recommendations are attached.

[ ] No objections [XX Other comments: Original source of private title is LC Award 8452

Contact Person: __G_a_r...::y~Ma_r_t_i_n ______Phone: 587-0421

•f::Ef"> L'L..; r: h 200";) Date: ______Signed: ______Ary~---=--+--~------.:· ==-.....p_...t..-) __ o

l '.' !'Y' ~. . l FEB-23-2mJ9 10:45 From: DOW SAFE ,~ER BRANH 8085854351 To:808 587 0219 ''' .. '', " ~ jli4 •. 1f.~:

LINDA LINGl.E RECEIVED LAURA H. THIELEN eO~OItI!)J~WAJI FE DRINI{ING WATER BRANCLiR=~;~HING JAMES A, I'RAl:ER 'lEAl S. FUJaNARA CHlrOME L. FUKINO, M,tJ FE 8 1 1 2009 DONNA FAY K. I

SUBJECT: Well ConstructionIPump Installation Pennit Application Muolea-Wallach (Well No, 4100-02) Transmitted for your review and comment is a copy of the captioned Well Construction/Pump Installation permit applica.tion. We would appreciate your comments on the captioned applicatjon for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by return~Dg this cover memo form by March 6.2009. If we do not receive comments or a request for additional review time by this date, we wilt assume that you have no comments. Please find the attached maps to locate the proposed well. Tfyou have any questions about this permit application, request additional infonnation, or request additional review time, please contact Charley Ice of the Commission staffat 587·0218. CJ:ss Attachment(s}

RESPONSE:

1] ThIS \liell qualifil:i iI5 a SOUTC_¢M"') ~ "'•• , ••OWe DU"ttor "r H.allft lP~'Oy~ ~ '" i1J U,. 10 ~~r>I~' \!Il.h Hlw." Adllllruslr.ltlVC Rul", (UAt.), Tid.. II, Cll3ptor 20, Rill ... Roialinlllo ?olabl. Wsw $Yill:ms. UI-lO-'9

TJ>i, w".ll doc, "ot qu.hfy ..s " .Ourco ~""""8 >'I I";'bli< w ••~ .yne", ( • ...,.. I... !haft 2S ~I< or more peopl. at I••• 60 day. ~r yo .. Of IS .""'••• ""IUlcotlCIIU) and If tho w.1I woler is ...ed for cIrmkI~$'. t)u, ptiVi\lo ~n

( J If 1110 ""all IS used 10 sUf>Illy both potable and ooll"Potablc Pllrpo ••• In ~ Sl.,ele !yl~. the. IIser shdl .liftl'lI:•• ttQSMQnnc(:toC>lls W l;.a~£Iow ooon. by iln .il JilP ()r "" "I'I'rovcd b",,~flo'" pro"""ler. ""d by <;\earl, b.b.lin~ all non' potable ~pjgob witll watll1n& ~1g1l5 to pro"""t inadV

[ ) FOI tb. ,pphoant's in{Qfmahon •• SOlD'C' of p(I$$ible wasttwalt;r cOIItamill.tion Ilisll is 1101 lowed ncar the: p-oposcd well site (lIIfol'lMh01' atW:hed)

i 1 An NPDES p6ft1l! IS requIred. ~ OthCf relevant DOH 1lI\;sir"il\IliIIIQI15, mfQOJ\~li¢n. or rcoQI1In'l.n ....tloII); "'" ~tt:IclI4ld [ I l~ til<: event (hal!be IQllll.j(ln of the well cbaJ>ges ~.t is still wltbin !h. p.o,ool d.~rib.d".. this opplico.il;lJl, ourdi.-..jsio~ cOl)slders the coromenls to still be ~ppli«.l., """ "'f do ,,()\ ~ __ 4 10 revi~w lb. ~.". l~.ion

[ ) Contact Person; Phone: E7 3\P -'1K"f> Signed; ~FIf!!;fA Date: lj,11v1

FEB-23-2009 11:15AM FAX: 8085864351 ID:OLNR CWRM PAGE: 001 R=94% , FEB-23-2009 10:45 From: DOH/SAFE ~TER BRANH 8085854351 To:80~,587 0219 P.2/19 ... ,...., I '"''''''

CWRMApp1ication Source: MUolea-Wallach Well (We11 No. 4100-02)

Safe Drinking Water Branch Engineering Section

See attached private water wells information sheet.

Underground Injection Control (UIC)

Well water quality should be initially and periodically tested for its acceptable and intended use, especially if for human consumption. Wate~ quality should not be presumed acceptable and unchanging. Land-based activities around the well and within the well's recharge area may, over time, have an unacceptable effect on the well's water quality. well construction materials and related equipment could also affect water quality.

Questions about Ule may be directed to Chauncey Hew at 586- 4258.

CWRM well Application Standard comments (SDWB) Verso 6/1/07

FEB-23-200911:15AM FAX:B085864351 ID:DLNR CWRM PAGE:002 R=94% ~ FEB-23-2009 10:45 From:DOH/SAFE ;.-,WATER BRANH 8085854351 P.Y19 " ~,

WARNING! As the owner of a privately-owned well, you should NOT assume that water from your well is safe for consumption. It is your responsibility to make sure that your well water is safe to drink. The only way to do this is to have your well regularly tested for bacteriological and chemical contaminants.

There are no regulations controlling water quality in private wells serving individual reSidences as there are for public water systems (public or privately owned utilities supplying water to 25 or mDre·people'of..,~5 service conneCflons). In other words, there are no enf.orceable limits for COl tr'·nants.. a.. nd\nO requirements for regular testing. priva.t.e w.. eu.s are(Oft9. n fOU. nd in ru. ra.1 :,r t: .. where :,n~ activ~~~~~ : s \~ite wasr'?t~r.~i~.~.~:aJ.~,~n i~nt~in~t7.:~~·!~~~d "' .... " / ,.- '\ \ / !. ... / '\ 1 /! ,\. U •• ENVIRON"fENTAL R' TECTI G \ Y EP, -k.ecoMMENDA·-.IO s i i ....•....•.•J "I

T~e EPA recommend t at priv te Iwell o~~~o/{est t~~if~:J;w~te~ each e,ar ~hr ~~~c.~.F./ contaminants as Total C liform bteria, Nitrates, as ~etJ...as..any,oiher coutamim3ntsJhat"may be of concern in your area. More frequent testing may be appropriate if you suspect a problem. EPA alSo suggests that you consider testing for pesticides. organic chemicals, and heavy metals before using it for the first time. Please refer to the EPA website on Private Drinking Water Wells at http://W1N\1\1.epa.gov/safewaterlprivatewells/fag.htmi

OTHER Co'tn AM INAtfrs"\ ;'7 j water.t.~~ti~9 caJ.bi~\f\~ expin/;ve. (lq~jii1P.~rt~nt ""hat iOiJ SPftti,~.jim~·~q idelti~%~ oth~r potential ~0~,tan)ln~nt8 \rn~Y b~ 0'1 corlc~tn. Ple~s ref r to thi,'EPA web~lta, on Pn;4ate Dnnklng Water We\ls

LABORATORies

Local comlffercial labqfafaries can l"ie;found in the yellow :pa~.. eSfo···rthe telephone book under "Laboratori~s,\Analytica~;\· VVhene~er/possible, utilize a I~b ato hat is certified or approved for the specific '~ri~king ~~t~ t~sts and ;carefuJIY'fo~ow their 'ns rue io s fo~ coll~ctin~. storing,. a~d transportmg ~hS sa:?plas. \JU,st b$ s,ure t? a/sK1hel~b, to e, EP..r. ppr~vr.d rn~~h~5 for dnnklng water a'nalysl~. \p.. 11,M pf la~s ~e'1ifi~d or !ap:l-?r,?-""edJ~y the epartrn nt of Hea.i.t.b c·an be found at www h w ii v h 31' nv r rl . bl dWbl dflTes i %20L..a.bs. '(ff, As lab certification statu~/~anges 'Co~strntIYI ,onfirm their-s~at ""he y u ,?oAtacfilte lap. Please note that the IiS\iSrited to ~u'rrrntIY reg~!~~~=~~.~t,¢nin ~s in ~~blici\~~~~=~:~;E}tns.

RESULTS

Once the lab provides you with the test results, you will be in a better position to determine if your well water is safe to drink or what contaminant you need to treat for. Generally, you should compare the results with Federal (www.epa.gov/safewater/mcLhtml) and State (www.hawaii,govlhealth/envi ronmentalfwaterfsdWb/sdwb/R9,.f/S tate%20MC L. pdf) drinking water standards. Where your test results are greater than the State or Federal maximum contaminant levels, your well water should be considered as unsafe for consumption.

FEB-23-2009 11:15AM FAX: 8085864351 ID:DLNR CWRM PAGE:003 R=94% ~ ~8b-I!-Z009"o5:30pm From-DEPT OF HEALTH ENVIRONMENTAL ~GMT 908596435Z T-407 P.001/004 F-304 vt C F~RANSMJTTAL State of Hawaii Department of Health Environmental Management Division Clean Water Branch - Engineering Section Phone No.: (808) 586-4309 Fax No.: (80S) 586 .. 4352

Fax to: Mr. Ryan lmata Icf[ CharleyhlMs. Denise Mills Date: t..' l\·O~ , Company: Commission On Water Resource Management Fax from: Joanna L. Seto (J Department of Land and Natural Resources Fax 1\'0.: 587-0219 Total Pages, incl. covel': 2+Z,

Sllbject: WeD Constructionlrump Instanation Permit A~l~~tioD(s) II _ .1 Well No(s)., ~\OO"';O"l.,., ~eo4-o1 MuO(tb\- Wl.~

The Depanment of Health. Clean Water Branch (CWB) 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 by Hawaii Administrative Rules (HAR), Title 11, Chapter 55, Appendix I. effective October 22, 2007. Treated process wastewater eftluent covered by this general permit includes well drilling slurries, lubricating fluids wastewater, and well purge wastewater. This general permit does not cover well pump testing. The applicable Notice ofIntent (NOI) Fonus and filing fee shall be submitted at least 30 calendar days betbre the start of discharge to the:

Department of Health Clean Water Branch 919 Ala Maana Boulevard, Room 301 Honolulu, Hawaii 96814-4920

The CWB-NOI Fonus are available online at httI!:llwww,hawaii .gov lhealthlenvironmentallWllter/cleanwater/fonns/genl-index.html. Inquiries may be directed to the CWB at (808) 586-4309 ur by fax (808) 586-4352.

2. For Well Pump Testing

The discharger shall take all measures necessary to prevent the discharge of pollutants from entering State ma-ters. Such measures shall include, ifnec~ssary, containment of initial discharge until the discharge is essentially free of pollutants. If the discharge is entering a stream or rivet 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 the storm drain prior to discharge. Funhermore, best management practices shall be Implemented to prevent the discharge from collecting sediments and other pollutants prior to entering the storm drain.

FEB-11-200905:14PM FAX: 8085864352 ID:DLNR CWRM PAGE:007 R=96%

.. -.".~.- ...------.------F.8b-~;-2009 -05:30pm From-DEPT OF HEALTH ENVIRON~NTAl MNG~ 8085864352 T-407 P,OOZ/004 F-304 ," Mr. Ryan hnata I Mr. CharSce I Ms. Denise Mills Fa TRANSMITTAL Commission On Water Resource Management Page 2

3. For Construction Activities Distutbing One (1) or More Acres ofTota! Land Area

By HAR. Title 11, Chapter 55, Appendix C, effective Octobe,r 22.2007. an NPDES permit or Notice of General Pennit Coverage is required before the start of the construction activities that result in the disturbance of one (1) or more acres of total land area, including clearing. grading, and excavation. The total land area includes a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under a larger common plan of development or sale. An NOI (see Comment No.1, above) shall be submitted 30 calendar days before the stan of construction activities.

FEB-11-200905:14PM FAX: 8085864352 ID:DLNR CWRM PAGE:008 R=96% Feb-II-200S 05:30pm From-DEPT OF HEAL ll,l""ENVI RONlAENTAL li1NGf.4T 8085B64352 :) T-407 P.Q03/004 ~

LINDA I.INGU: aovu'1IOR 0" !"IAWAII ME;;RE;;PITI1 J. CHING JAMES A. FRAZIER NEAL S FUJIWAAA CHIYOME L. FLJKINO, MD. DONNA FAY K. KIYOSAKI P.e. LAWRJ:NCE H 1I1111Q;, MD .• J.p.

KEN C. KAIfoJAIiARA, P.I'. STATE OF HAWAII IlEP\Il\'_CTOII DEPARTMENT OF LAND ANO NATURAL Rt:SOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.D.60)(621 HONOLULU. H.t.WAU !l66!J9 February 5, 2009

TO: Honorable Chiyome L. Fukino, M_D., Director Department of Health Attention: Director's Office Tomas See. Chief, Wastewater Sranch S;uart Yamada. Chief. Safe Drinking Water Branch vAlec Wong, Chief. Clean Water Branch Dr. Keith Kawaoka.,. Office of Hazaf aluation d Emergency Response FROM: wLaura H. Thielen, Chairperson ,... Commission on Water Resource Management SUBJECT: Well COllstructionlPump Installation Pennit Ap Iication Muolea·Wallach (Well No. 4100-02) Transmitted for your review and comment is a copy of the captioned Well ConstructionlPump 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 yOUT department. Please respond by returnin~ this «:over memo form by March 6, 2009. Ifwe do not receive comments Or a request for addltiona review time by this date, we wiIf assume that you have nO commems.

Please find the attached maps to locate the proposed well. [f you have any questions about this peITllit application, request additional information, or request additional review time, please contact Charley Ice of the Commission staff at 587-0218. CI;ss Attachment(s) RESPONSE: ! 1 TI1 •• well qualificii .,.; a .curoo which will ,elYe ~5 ~ ~O=d of pOIablc waitt to a public Wtiv. Rules (liNt), Ti,l. II. Chapler 2Q, Rill •• k6la"l\g '0 Pot.bl. W;a." :>y.\bm!l, §11-20-29

! J Th'" well docs Dot qlllllify a~ a sClutce servinI' a ,PllbllQ water !y~I.1'II (_less lban l:i ]J¢opl. ,... rno''e people allcast 60 days per YOM 1;>1 \ 5 ~lV;". .oo,",,~~ion;l) /j.cI if the woll wlilar i. II:led roc dnnkins. tho priv01e o"",or ..... uld ,c.. for bll<)t.",,\ogio"! ...4 chemical prCsenCl; before initmllnJ! sum "'" and rounnol, "",nitor the wa= 'luality t\lel'.af(ot. Ho",tvcr. if futuro plannood II" ftOlil dais 60ul

I] [fth. won i. ",od tQ sllPply both ~o",pl • .,.d ''''~-pOlablt purposes in ~ sinKl ••y.Imn, tho uset ,haUclimin.,o cr~~.caIlMC[Kl"'j 8iId backfiO\\! cOlUlcctiollS by J'hy,ioally sepatauns potablc Ml4 non-pOtable 5YUCIIIi by 811 air !!liP or 'II' "PP.~vc:;d backflow prev.n~r, ;lIld by cl.... ly Iabelillg all nOIl­ p<>lable spiaots wllh wljrn'nllsigns 10 pRv.ot ilH\clvertont oOIISUl'llptiOll. of non-potable wouoor· lhddbw pfcvclllioll d4vi_ iholll4 "" rDlllin.ly in.peet~ &lid ItStca.

( 1 It cloo, nOt appear that Ihll' ",an will 00 ~ ••d for oOllBum]>nv. pilIP'"'''' .....a is 1101 subJ~1 [0 SDf~ PrIl*iJl~ Wiiler Regu.aoons.

[ I For Ih~ opplieant's informmion. a ~O"T"" of pO!siblt WlstCWMcr cont~ml~~tiOli \ Ii> II is not ]"""lcd ~r the prQpc>.e

An NPDES pmnit d requited

Otber televl.a' DOH rule!;lro£lIla!ioIl6. infDnnatioll. or "'CQlIl",~"d:l"O.IS lilt artac:bcd.

[ 1 In 11K; ~Y~llt IllallM looiltion "fdoe "'til QhMS~ but" .1i1. wilbin tiKI p&tCel d~9Crib.od on this "pplication. uw· dilliaion ~nsidcr~ tho commont. to still be lIPPl!ejlble, and we do lIot n•• (j 10 reVLe"" tllc A<;W locanon.

[ I No ~omm.nI"lobj.Clio1'18 Contact Person: ~ k.~ Date: FEB 11 2009 FEB-11-200905:15PM FAX: 8085864352 IO:DLNR CWRM PAGE:009 R=96% o o " KPARTMENT OF HEALTH WASTEWATER BRANCH LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING • FED 9 RM 8 '12 JAMES A FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809 February 5, 2009

TO: Honorable Chiyome L. Fukino, M.D., Director Department of Health Attention: Qirector's Office .lomas See, Chief, Wastewater Branch Stuart Yamada, Chief, Safe Drinking Water Branch Alec Wong, Chief, Clean Water Branch Dr. Keith Kawaoka, Office OfHpazrE aluation

FROM: ~Laura H. Thielen, Chairperson 1NI01V1iV \". Commission on Water Resource Management SUBJECT: Well ConstructionlPump Installation Permit Application Muolea-Wallach (Well No. 4100-02) 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 by returning this cover memo form by March 6, 2009. If we do not receive comments or a request for additional review time by this date, we will assume that you have no comments.

RESPONSE: [ I

[ I This well does not qualify as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or 15 service connections) and ifthe well water is used for drinking, the private owner should test for bacteriological and chemical presence before initiating such use and routinely monitor the water quality thereafter. However, if future planned use from this source increases to meet the public water system definition then Director of Health approval is required prior to implementation.

[ I 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. [ I It does not appear that this well will be used for consumptive purposes and is not subject to Safe Drinking Water Regnlations.

For the applicant's information, a source of possible wastewater contarnination~s [ ) is not located near the proposed well site (information attached).

[ I An NPDES permit is required. ){ Other relevant DOH rules/regulations, information, or recommendations are attached. (JrY; ~ ~ {5 tAl..l.n [ I In the event that the location of the well changes but is still within the parcel described on this application, our division considers the comments to still be applicable, and we do not need to review the new location.

No comments/object" . -- Roland Tejano, Eng. on Maui 984-8232 Contact Person: ------Signed: ~~' Date: o~ .. Or -0 9 . ' o o , .. , '7'1 • 'I" n HiJ.\3! ! l ....J

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Payment Type, [Ctie"Ck :"1';,1 Check Number: 1~1=9:1=6======:::: Amount: 1'-"1-"0-"0.;..;.0;...;0'--___--' Check Date: 16130/2006 1 Payor: IARAKAKI

Approval to Build Approlle To Use E>l

Added By: phsieh 2/26/2007 10:52 AM Last Modified, rtejano 2/8/2008 1:54 PM

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Added By: phsieh 2/26/2007 10: 52 AM Last Modified: rtejano 2/8/2008 1: 54 PM Salle

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LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K KlYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

February 5, 2009

4100-02. wcpia.acc

Mr. Will Steele Wailani Drilling Services, Inc. P.O. Box 523 Puunene, HI 96784

Dear Mr. Steele:

Well Construction/Pump Installation Permit Application for Well No. 4100-02

We acknowledge receipt, on January 20,2009, of your completed Well Construction/Pump Installation permit application and filing fee for the Muolea-Wallach (Well No. 4100-02). You can expect your application to be processed within ninety (90) days from this date.

For your information, the attached table describes the process, responsible parties, and deadline requirements for drilling or modifying a well and installing, modifying, or replacing a pump.

By this acceptance letter, we are also notifying the well operator/landowner that water may not be pumped for purposes other than testing until the certificate of well construction/pump installation completion letter is issued to the well operator and landowner. Additionally, 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. No certificate of pump installation will be issued until the Commission has determined that the pump capacity will not have adverse effects on the aquifer, other nearby wells, or streams. In other words, you may need to remove the pump and install a smaller pump at the Commission's discretion before you can withdraw water for purposes other than testing.

If you have any questions about your permit application, please contact Charley Ice of the Commission staff at 587-0218 or toll-free at 984-2400 (Maui), extension 70218.

Sincerely, Wtf~tUV4L C. KAWA RA, P.E. ~De uty Director Cl:ss Attachment

c: Les and Susan Wallach o o

LINDA LINGLE LAURA H. THiElEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME l. FUKINO, M.D. DONNA FAY K. KIYOSAKI, P.E LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809 February 5, 2009

TO: Honorable Chiyome L. Fukino, M.D., Director Department of Health Attention: Director's Office Tomas See, Chief, Wastewater Branch Stuart Yamada, Chief, Safe Drinking Water Branch Alec Wong, Chief, Clean Water Branch Dr. Keith Kawaoka, Office of HazapEaluation FROM: WLaura H. Thielen, Chairperson 1N""'''1V ''"- Commission on Water Resource Management SUBJECT: Well Construction/Pump Installation Permit Application Muolea-Wallach (Well No. 4100-02)

Transmitted for your review and comment is a copy of the captioned Well ConstructionlPump Installation permit application.

We would appreciate your comments on the captioned application for any conflicts or inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by March 6, 2009. Ifwe do not receive comments or a request for additional review time by this date, we will assume that you have no comments.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Charley Ice of the Commission staff at 587-0218.

Cl:ss Attachment(s) RESPONSE: [ I 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 prior to its use to comply with Hawaii Administrative Rules (HAR), Title II, Chapter 20, Rules Relating to Potable Water Systems, §11-20-29.

[ I This well does not qualify as a source serving a public water system (serves less than 25 people or more people at least 60 days per year or IS service connections) and ifthe well water is used for drinking, the private owner should test for bacteriological and chemical presence before initiating such use and routinely monitor the water quality thereafter. However, if future planned use from this source increases to meet the public water system definition then Director of Health approval is required prior to implementation.

[ I Ifthe 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. [ I It does not appear that this well will be used for consumptive purposes and is not subject to Safe Drinking Water Regulations.

[ I For the applicant's information, a source of possible wastewater contamination ( lis ( I is pot located near the proposed well site (information attached).

[ I An NPDES permit is required. [ I Other relevant DOH rules/regulations, information, or recommendations are attached. [ I In the event that the location of the well changes but is still within the parcel described on this application, our division considers the comments to still be applicable, and we do not need to review the new location. [ I No comments/objections Contact Person: ------Phone: ------Signed: ______Date: o o

LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K KlYOSAKI, PE. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII OEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

February 5, 2009

TO: Morris Atta, Administrator Land Division

FROM: Ken C. Kawahara, P.E., Deputy Director Commission on Water Resource Management

SUBJECT: Well Construction/Pump Installation Permit App .cation Muolea-Wallach (Well No. 4100-02) TMK (2) 1-5-007:007

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 with regard to the programs, plans, and objectives specific to your division. Please respond by returning this cover memo form by March 6, 2009. Ifwe do not receive comments or a request for additional review time by this date, we will assume you have no comments.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Charley Ice of the Commission staff at 587-0218.

CI:ss Attachment(s)

RESPONSE: [ ] A water lease/permit is required of this applicant and an application for such will be requested by our division.

[ ] A water lease/permit is not required of this applicant.

[ ] A water lease/permit has been obtained by the applicant through lease no. ______

[ ] Other relevant Land Division rules/regulations, information, or recommendations are attached.

[ ] No objections

[ ] Other comments:

Phone: Contact Person: ------

Signed: ______Date:------o o

LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K KIYOSAKJ, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

February 5, 2009

TO: Dr. Puaalaokalani Aiu, Administrator Historic Preservation t FROM: Ken C. Kawahara, P.E., Deputy Director ~ t Commission on Water Resource Management

SUBJECT: Well ConstructionlPump Installation Permit App ication Muolea-Wallach (Well No. 4100-02) TMK: (2) 1-5-007:007

Transmitted for your review and comment is a copy of the captioned Well ConstructionlPump Installation permit application.

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 6, 2009. Ifwe do not receive comments or a request for additional review time by this date, we will assume you have no comments.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application or request additional review time, please contact Charley Ice of the Commission staff at 587-0218. If you require additional information regarding specific information that can be provided by the applicant, please contact the applicant directly at the contact information provided on the application form.

CI:ss Attachment(s)

RESPONSE:

[ ] This is a [ ] public (county or state) project [ ] private project and [ ] will [ ] may disturb historic sites.

[ ] We concur that the work described under this pennit will not disturb historic sites.

[ ] We do not concur that the work described under this pennit will not disturb historic sites. We require the following for our concurrence:

Contact Person: ------Phone: ------

Signed: ______Date: ______o o

LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKlNO, M.D. DONNA FAY K KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

February 5, 2009

Mr. Jeffrey Hunt, Director Planning Department County of Maui 250 South High Street Wailuku,HI 96793

Dear Mr. Hunt:

Special Management Area Use Permit Requirements for Well ConstructionlPump Installation Permit Application Muolea-Wallach (Well No. 4100-02)

Transmitted for your review and comment is a copy of the captioned Well ConstructionlPump Installation permit application.

We would appreciate your comments on the captioned application with regard to the SMA permitting requirements specific to your division. Please respond by returning this cover memo form by March 6, 2009. If we do not receive comments or a request for additional review time by this date, we will assume you have no comments.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Charley Ice of the Commission staff at 587-0218.

~V~~ersonr-~~:~1IEL

CI:ss

RESPONSE:

[ ] This well project [ ] requires [ ] does not require a SMA. If a SMA is required it [ ] has [ ] has not been approved and [ ] is [ ] is not currently active.

[ ] Other relevant rules/regulations, information, or recommendations are attached.

[ ] No objections

[ ] Other comments:

Contact Person: ______Phone: ------

Signed: ______Date: ______o o

LINDA LINGLE LAURA H. THIELEN GOVERNOR OF HAWAII CHAIRPERSON MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. DONNA FAY K KIYOSAKI, P.E. LAWRENCE H. MilKE, M.D., J.D.

KEN C. KAWAHARA, P.E. STATE OF HAWAII DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

February 5, 2009

Mr. Jeffery K. Eng, Director Department of Water Supply County of Maui 200 South High Street Wailuku, HI 96793

Dear Mr. Eng:

Well ConstructionIPump Installation Permit Review Well ConstructionIPump Installation Permit Application Muolea-Wallach (Well No. 4100-02)

Transmitted for your review and comment is a copy of the captioned Well ConstructionIPump Installation permit application. If you have any comments on this application, please submit them by March 6, 2009. Ifwe do not receive comments we will assume you have no comments.

If you have any questions about this permit application, please contact Charley Ice of the Commission staff at 587-0251.

Sincerely, ¥~t~ CI:ss Attachment COMMlfilN ON WATER RESOURCE MANAGEMENT o ROUTE SLIP FOR NEW APPLICATIONS

FROM: CioJARLEY DATE: 23-.Jan-09 SUSPENSE DATE: 30-Jan-09

PLEASE:

CHING, F. KUNIMURA, I. Approval See Me FUJII, N. NAKAMA, L. -- -3-Signature -1-Review & Comment GOODING, K. 4 OHYE, M. -::---::/ -4-lnformation Take Action -1-HARDY, R. --SAKODA' E. ~ Type Draft acknow letter HIGA, D. == SWANSON, S. -2-Type Final, label file folder, update People.db -2-HOAGBIN, S. UYENO, D. -5-File -5-ICE,C. • --YODA,K. Xerox copies IMATA, R. --YOSHINAGA, M.== -3-KAWAHARA,K.== MD.'olu- - WELL NUMBER 4-,(.00 - 0'2- WELL NAME Wallach WUP Number "'~A ----~------l8J. WELL CONSTRUCTION ~ PUMP INSTALLATION D WUPA

ATIACHMENTS FOR APPLICATION P.ROCESSING - Both applicant & staff generated 1 TRANS. LETTER J / 2 PERMIT PROCESS TABLE ~ 3 CWRMMAP --r 4 APPL. FORM (11 COPIES) ~ - 5 USGS MAPSj)I(COPIES) _: ) I (!~i~ 6 TAX MAPS jlI(COPIES) 7 PARCEL OWNER VERIF. -rMLS PRINTOUT 8 CONTRACTOR VERIF. -I-DCCA LICENSE SCREEN PRINTOUT ~ T"'1 (0.(" 9 ALL INFO FILLED IN 10 BACKGROUND CHECK 11 $25 FEE DEPOSIT SLIP -=r 12 DHP/CDUP/SMA pre-screen ~ (SMA map printout http://gis.hicentral.com/website/parcelzoninglviewer.htm.,or INGRID'S SMNCD MAP) --(LUC map printout http://luc.state.hLuslluc_maps.htm., or INGRID'S SMNCD MAP) FOLDER: D MADE NEW FILE FOLDER, ATIACHED ~ FILE FOLDER ALREADY MADE, IN FILE CABINET DEPAENT OF LAND AND NATURAL RESOURCQ DOCUMENT NO .. UAC OR ATTACHED WORKSHEET DATE J anuarv 20 , 2009 SRC/ COST F YR APP D OBJ CTR PROJECT PH ACT AMOUNT NAME/DESCRIPTION (WANG INPUT) S 09 326 C 1026 0752 (1) $25.00 Wailani Drilling Services, Inc...... (2) $25.00 Michael Luellen dba Shook Works ...... (3) $25.00 Michael Luellen dba Shook Works ...... (4) $25.00 Derrick's Well Drilling ...... (5) $25.00 Wailani Drilling Services, Inc. (6) (7) . (8) (9) (10)

TOTAL $125.00

REMARKS: LINE (1) Brad Taylor (TMK: 1-2-003:013) LINE (2) Barns Well LINE (3 KildenWell LINE (4) Kanahonua Well LINE (5) Les Wallach (TMK: 1-5-007:007) LINE (6) LINE (7) LINE (8) LINE (9) LINE (10) Search Results o o Page 1 of 1

Assessed Values reflect tax year 2008. Search criteria: TMK Taxkey 2-1-5-7-7

• PUBLIC RECORD DATA Taxkey Subdiv/Condo Tnr Address Owner I Lessee Bds Bths Land area Liv area Last Sale Instr Price r .2-1-5-7-7 F 4-6070 WALLACH, 0 0 1.53 ac 0 9/26/2002 DEED $226,000 HANA LESLIE R & HWY SUSAN R

This information has been supplied by third parties and has not been independently verified by Hawaii Information Service and is therefore not uaranteed. Copyright ©1/29/2009 by Hawaii Information Service

http://webrel.hawaiiinformation.comlREsearchIHIS/Searchisearch_PUB.asp?NOCACHE...1/29/2009 o / ~p,u~.,~ ~... ",-'"- .. !'!.(*." STATE OF HAWAII ~.. ,..,.~"",~, •• , .. - ::- ,'H,.' "i'~ -.'" ... ~ \ For~~."lV: D DEPARTMENT OF LAND AND NATURAL RESOURCES ! ! : '. i (. q COMMISSION ON WATER RESOURCE MANAGEMENT ~::. ,oj] -ry ;~~ fft..l APPLICATION FOR A WELL CONSTRUCTION I A9: 2 S ..,: './:oii' ••••• j:--:I JAN ,0 ~~*~.;.:;:;~:<:;;;;..t~ PUMP INSTALLATION PERMIT ns

Instructions: Please print In ink or type and send completed application with attachmentS to the Commission on "'V ',.I' ~ TI: '\SsrN I< ',.;\ r C\~! I'~; • ~." \ ' ·... rr~~ I'! Water Resource Management. P.O. Box 621, Honolulu, HawaiI 96809. ApplicatIon must be accompanied by 10 \..I f\ t I ~.. If' ~ l- •. {( i copies and a non-refundable filing fee of $25.00 payable to the Dept. of Land and Natural Resources. The ...... t' (" \~. ~ (' ( ,1. .. ' I .. ,~, • r\:, _" ~} _" \ .... ,/1 Commission may not accept incomplete applications. For assistance, caB the Regulation Branch at &87.0225. For further Information and updates to this appliCatIon form, visit http://www.hawaIl.govIdInr/cwrm.

WELL LOCATION INFORMATION 1. STATE 'NEll NO. (If alraady assigned) 12. 'NEll NAME 3.ISl.ANO /4.TMK I .5 -C()q- ; 00'1- iftoo-o']... ~(o

o 15. Municipal (water systems serving greater than 25 individuals or 15 senrioe connections) I'¥' 16. Domestic Number of units to be S81Wd: 1- o 17. Industrial (describe) I'fjJ18. lnigation (describe aop and no. ofacres) "'-l atre ck \3VV n. o 19. MilHary (desaibe) o 20. Other (desalbe)

OTHER LeGAL REQUIREMENTS Ifrequired, items 21. and 22. must be obtained before the Commission can legally issue a pennit: 21. Conservation District Use Pennit (COUP) o WeD Is in ConseNation DIstrict o Required, COUP, date approved o Not Required (attach documentation from OCCl) o I have not checked with OCCL about whether or not a COUP 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 fA Issuance, or revocation of the permit after it is Issued. Well Is not in Conservation District o I have not checked if well Is In or out of Conservation Dlsbict. I understand that checking if the well Is In a Conservation District may expedite my review. I further understand that Issues raised may delav or result In denial of the permji Issuance, or revocation of the oennit after it is IsSued. ~. Special ManageJYlEIDt Area1:;Jt" (S~) Required, SMAtI :$M'2 0'31i7 date approved l2·1(P,~ Not Required (attach documentation from applicable County agency) . o 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 appUcatiOn may 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 p8rmjt after it is Issued. 23. state HIstoric Preservation DivIsion (SHPD) of the Department of Land and Natural Resources iii> I have consulted with the HPD regarding patenUal Impacts of well consttuctlon actNllies on histone sites. I have attached applicable documentation from the HPD. o I have not consulted with the HPD regarding potential impacts of weD construction activities on historic sites. I understand that checking with the HPD prior to making this appUcation may expedite my review. I further understand that Issues raised by this agency may delay or result in denial of the l)8mIit issuance, or revocation of the permit after it is Issued. AddItlon8uY, the hi8torv of r>ast 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 wen completion/abandonment report within 80 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 l)8mIit Is In may resuJt in fines of up to $5OOOIday. 24. \NELL DRIllER (Must be filled out if appIic:ation is for WeI Construction) 25. PUMP INSTALLER (Must be filled out if appIk:aIIon is for Pump InstaIIaIion) W~i~i1NilljM ~rU( \V\v' '1t-fLJ.f(fS \'.bi~'l:?Jrillii'-4 ~rlt\f IYJ [, . 2q J.fP/5 C-511C-57aJA Ucense No. U i!!BJ/1E C-57 LIcense No. ~~ '/;ro. IIU-"~ \N(\r~4ee-\e \ '1 ·ot'\ ~ ~/:.# ~ wITt ~je. l'~'cq Sig!fature '" Print Date Sijii8ture Y Print Date

WCPI Application Form 0212612007 c o o

PROPOSED WELL SECTION (Please attach schematic if ditIetrtnt from diagram ptOVided belOw)

Hole Diameter: 11. I l't in.

Elevation at top of casing __ ft.. msI* l_r Minimum of 2' RacflUS & 4- Thick Concrete Pad (to contain benchma rk sunteyed to nearest 0.01 ft.) Ground Elevation: <2'50 ft .• msl· ~ ••4 ...... r b.. ~: .. ~~.:-:: .... r~\ ...... '1"~" '''''''' •.' A. . ... ~:: .. Please refer to the Cement Grout: '2.00 ft. ,'. '. :... ~. :. to· BAWAfi WEt·I, CONSTRVCDON AND (min. 70% of distance from 6. :: ground elevation to top of .~:.~ lllMP m~~I,IIADON ~ANDARDS ' .. ::~ to ensure that your as-built is in compliance with water surface or 500 ft .• I:!:!' ...... :. . ..•• 6. •• whichever is less.) ...... applicable standards ...... •. .:::. - ;:.: ;.. ..; :·... l :. ~ .. Annular space between hole Solid casing: (~ 90% x (Ground E1ev.-W8ter Level Grouting method: ...... ~:.: EIev» and casing (1.5" for positive .:-:; .:If" .. :. o Positive displacement. 3" for other ...... Total Length: '250 ft. displacement ..••.. methods): ... Nominal Diameter: (p in• ~:".::.. .•..... ljOther ",-.4 ;'.. ;. '".: Bottom Elevation: 0 ft .• msl* :'fti Rock or Gravel Packing: - r- Total Depth V\\~ I~ ft. h Open Casing: ~Perforated o Screen 2--=10 ft. Material: "20 o Crushed Basan Total Length: ft. o Roooded Gravel ~l Nominal Oiameter: to in. 'J I y WaR Thickness: . '2'5 in • Estimated Water Level . ~ Bottom Elevation: -1-0 ft .• msl* Elevation: - ~ - :- note: Neither bentonite nor mud should be used In (0 ft. msl* satmatecl zone during drfHlng

OpenHo/e: Length: N/Pc ft. Oiameter: in. - Bottom Elevation: ft., msl*

• The approximate elevation must be referenced to mean sea JeveI (msI) at the time of appIicaIIon filing. Final elevations of well components shall be submIIIed in the Well Comp/eIIonIWeI AbandOIIfI18IIl reports and referenced to a benc:hmark which has been established by a surveyor licensed by the State.

For non-san water Basal Wells - bottOm elevation of well should not be deeper than 1/4 of aquifer thickneSS or, Bottom Elevation of Well Umil- (Water ElevatIon _ 4hW-M1 EIm!jon ) Example: Estimated + 2ft. Water Level EIev. - Bottom Elevation oflNeD Umit= (2- ~) = -18.51l

Solid Casing Material: Carbon Steel: compliant with (check one or more): 0 ANSIIAVWVA C200 0 API Spec. 5L 0 ASTM A53 0 ASTM A139 And compliant with (check one or more): 0 ASTM A242 (or A6oo) 0 Type E 0 Type S 0 Grade B 0 Other Stainless Steel: (check one): 0 ASTM A409 (production wells) 0 ASTM A312 (monitor weDs) ABS Plastic conforming to ASTM F480 and ASTM 01527: (check one) 0 Schedule 40 0 Schedule 80 PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (check one): )(SchedUIe 40 0 Schedule 80 0 Schedule 120 Thermoset Plastic: (check one) 0 Filament Wound Resin Pipe conforming to ASTM 02996 o CentrifugaHy 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 AVWVA C950 o PTFE Auorocarbon Tubing confonning to ASTM 03296 o FEP Fluorocarbon Tubing conforming to ASTM 03296

Open Casing Material: Carbon Steel: compliant with (check one or more): 0 ANSIJAVWVA C200 0 API Spec. 5L 0 ASTM A53 0 ASTM A139 And comprtant 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 weDs) ABS Plastic conforming to ASTM F480 and ASTM 01527: (check one) 0 Schedule 40 0 Schedule 80 PVC Plastic conforming to ASTM F480 and (ASTM 01785 or ASTM 02241): (check one): )('Schedule 40 0 Schedule 80 0 Schedule 120 Thermoset Plastic: (check one) 0 Alament Wol.l1d 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 AVWVA C950 o PTFE Auorocarbon Tubing conforming to ASTM 03296 o FEP Fluorocarbon Tubing conforming to ASTM 03296

VllCPI Application Form 02I26l2007 c o 0 Wailani Drilling Services, Inc. License #C57-20115 110 West Uahi Way, Wailuku, HI 96793 Phone: 808-249-0149. Fax: 808-244-4791 E-mail: [email protected]

Proposed Well site for Les & Susan Wallach TMK 1-5-007:007 o o CHARMAINE TAVARES Mayor JEFFREY S. HUNT Director COLLEEN M. SUYAMA Deputy Director

COUNTY OF MAUl DEPARTMENT OF PLANNING

SPECIAL MANAGEMENT AREA EXEMPTION (SMS)

APPLICANT: OWNER: MICHELLE COCKETT Susan Rose Wallach P.O. Box 1644 Leslie Rothaus Wallach Wailuku, Hawaii 96793

PROJECT LOCATION: PROJECT DESCRIPTION: 46070 Hana Highway, Hana, Hawaii 96713 Project: well head pump house Scope: WELL HEAD PUMP HOUSE AND WELL

TAX MAP KEY NO: (2) 1-5-007:007-0000 BUILDING PERMIT APPL NO:

SMA APPLICATION NO: SMX 20080524 SMA EXEMPTION ,NO: SM5 20080359

'The!prCipP$~dc~n$~.:uction;Wa$'~ci¢teri'riitie~~~

Structural and nonstructurai improvements to existing singie~farriily residences, including additional dwellingunit5j where otherwiseperinissible.

I;J.lJ~!ii~Cl~t:~g§:Z~;: Shlill?,t~~2.9.5A, ti~~~i,i,,~~-Yi~~d~t~~~~~.~(~1;"1 ~!3~1);,as.arn~llc:l~d"and,the rules o~t~~, 'PlanningCominissions In MauiCounty, the pi'oposed aCtivity was evaluated and determined to N~T 'be adeveiopri1entTherefore, the activity is EXEMPT from the requirements of Chapter 205A.'HRS.

Reviewed by: Gerald Azbill, Land Use Plans Technician Date: 12/16/08

JEFFREY S. HUNT, AICP, Date: { Planning Director

File:SM5, licant

250 SOUTH HIGH STREET, WAILUKU, MAUl, HAWAII 96793 MAIN LINE (808) 270-7735; FACSIMILE (808) 270-7634 CURRENT DIVISION (808) 270-8205; LONG RANGE DIVISION (808) 270-7214; ZONING DIVISION (808) 270-7253 o o

i03 807 6131 o

·.,,;~.aeHAIOLOGICAL INV'1i'·N!JPAD . roRAPARCE ~~ ___ ----.~w:, AT TMK 1.. 5-07.· ~ ~~ ;;C~'dBU"U",1IIA tfHUPUA, NA DISTRICT ~ ('I\~ Of I8LANDOFMAUI ~~ \

roR.: Mr." Mn. Leslie Wallach

IV: LI.. J. Rotunno-Hazuka (BA) Diane Guerriero (BA) Jeffrey Pantaleo (MA)

April 1006

AlClUBDLOGIC4L SERVICES HAWAII, LLC. 1930 A Vineyard Street Wailuku, HI 96793

.".",." I"NrpNting the Past, Whlle Planning tile Futllre" I

I MANAGEMENTS~Y

I At the request of Mr. and Mrs. Lesile Wallach, Archaeological Services Hawaii (ASH) LLC, of Wailuku, conducted an archaeological inventory survey ofTMK 2-1-5:007, a l.53-acre parcel I located in Mu' olea ahupua 'a, Hana District, Maui Island. The objective of the survey was to satisfy historic preservation regulatory review requirements of the Department of Land and Natural Resources, State Historic Preservation Division (DLNR-SHPD), as stated in Hawaii I Administrative Rules, Title 13, DLNR, Subtitle 13, Chapter 276 "Rules Governing Standards for I Inventory Survey and Reports."

The surface survey identified one site consisting of two features, a rock terrace which may have I functioned as a boundary for a roadway, and a foundation for a historic outbuilding. The rock terrace alignment was designated SIHP 50-50-17-5912, Feature 1, and assessed as significant I under Criterion "0" of the Hawaii Register of Historic Places. The historic building foundation was designated Feature 2, and assessed as significant under Criterion "0" of the Hawaii Register I of Historic Places.

I Subsurface testing consisted of seven systematically placed backhoe trenches (TR) excavated throughout the project area. All seven trenches, except for TR #1, were negative for historic I properties. Trench 1 recovered subsurface architecture related to Site 5912 Feature 1, the rock terrace alignment. I Results of the current inventory survey provided sufficient data to assess the significance of both features from Site 5912; thus, no further work is recommended for these features. Interestingly, it I was determined that both features appear to be associated with the habitation site (SIHP 50-50- 17-5498) recorded on the adjoining parcel (TMK 2-1-5:006). This habitation site is referred to as I the Drummond House (pers.comm. Mr. Les Wallach). These two adjoining lots were probably I part of a much larger parcel during the historic period. I I I I TmQnap printed on 01/14/09 from JlUntitleAn 156°01'00" W

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