Hoagbin, S. Ice,C. Imata, R. Init. Commission on Water

.J... \, o 0' COMMISSION ON WATER RESOURCE MANAGEMENT (03/2011 )

FROM: DATE: SUSPENSE DATE:

TO: INIT. TO: INIT: FOR: PLEASE: CHONG,R. KIMURA, J. Approval See Me DANBARA, S. OHYE,L. Signature Review & Comment FUJII, N. TAM,W.. Information Take Action -+- HARDY, R. UYENO, D. Type Draft ~ HOAGBIN, S. YODA, K. Type Final _ICE,C. YOSHINAGA, M. File IMATA, R. Xerox _ copies NDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete . item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mail piece, or on the front if space permits. D. Is delivery address • ArtIcle Addressed to: If YES, enter delivery address below: 0 No

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Commission on Water Resource Mgmt. Department of Land and Natural Resources P.O. Box 621 Honolulu, HI 96809

'Q.A Ln~-/ec 11, I,,, Ii"I,"" II,,, i, i "Ii 111111, 1111, ill, /I" III fI,1 J,Ii "I

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m ~ ____~~ __~~~~~~~~ __~~~~ __--J U'l / D""' -l Posta!le $ m" I-----=~::-'---i m Certified Fee CJ I Return Receipt Fee JUl 4".2011 CJ (Endorsement Required) CJ I----'-'~----f Restricted Delivery Fee CJ (Endorsement Required) U'l 1------:::-1 r=t Total Postage & Fees $ ru '-'-----,O...... --:..-,f-J ..D Glenn Okimoto, Director CJ ~~. CJ partment of Transportation ("'- 869 Punchbowl Street Honolulu, HI 96813 - tienlfied Mail Provides: • A mailing receip • A unique iden!ifi<,r for your mailpiece • A record of deJiv Olry kept by the Postal Service for two years ,

Important Remind,~rs: I • Certified Mail mal ONLY be combined with First-Class Mail® or Priority MailHAWAII CHAIRPERSON WILLIAM D. BALFOUR, JR. SUMNER ERDMAN NEAL S. FUJIWARA LAWRENCE H. MilKE, M.D., J.D. NEAL A. PALAFOX, M.D.

WILLIAM M. TAM DEPUTY DIRECTOR STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

July 8, 2011

CERTIFIED MAIL RETURN RECEIPT REQUESTED

Mr. Glenn Okimoto, Director Department of Transportation 869 Punchbowl Street Honolulu, HI 96813

Dear Mr. Okimoto: Notice of Potential Violation: Unpermitted water use from Well No. 3412-01 .,.,\ It has come to our attention that Mr. Ronald Weidenbach has been using water from the Dillingham Airfield Well, State Well No. 3412-01. Because you are the registered owner of the well, unauthorized use of the well is both the responsibility of you and the land owner. Be advised that use of water in a designated Ground Water Management Area without proper permits from and reports to the Commission are violations under Part IV, Regulation of Water Use, of the State Water Code, 174C, Hawaii Revised Statues and subject to fines up to $5,000 per day. Unauthorized use can threaten Hawaii's precious ground water resources and may threaten the water quality of neighboring wells. Within 30 days of receipt ofthis letter, please provide the following:

1. An explanation regarding why the unauthorized use has occurred. 2. Evidence that pumpage from this well for use by Mr. Weidenbach has ceased. 3. Submission of any past water use reporting data, on our Monthly Ground Water Use Report Form. 4. The name and contact information of the landowner that this well resides on. Our information shows the well resides on TMK: 6-8-014:001, which is owned by the U.S. Army.

Forms requested in this notice are online at http://www.hawaii.gov/dlnr/cwrm/forms.htm or can be obtained by visiting or calling our office at 587-0225. Please be advised that failure to submit the requested information within the specified deadlines will result in enforcement action before the Commission that may include fines of up to $5,000 per day.

If you have any questions, please contact Ryan Imata of the Commission staff at 587-0255.

-0

WILLIAM M. TAM Deputy Director

RI:ss

c: Michael Sakai, U.S. Army o o

DawnT To Ryan R Imata/DLNRIStateHiUS@StateHiUS, Sam J Hegger/DLNRlStateHiUS Lemmo/DLNRIStateHiUS@StateHiUS 03/3112011 05:07 PM cc Barry W Cheung/DLNRIStateHiUS@StateHiUS, Gaudencio C LopezlAIRlHIDOT@HIDOT, Jodi M. Yamami/DOH@DOHEXCH, Roy bcc Subject Re: Dillingham Airfield Well No. 3412-01 [j

History: ~ This message has been replied to.

oa2504.PDF 2504.PDF

Attached is the CDUA permit time extension that was processed by the OCCL.

One is a recent extension and the other one was recieved in 1992 which is the original permit.

The TMK we have on file is for parcel 3 and 33.

TMK: (1) 6-9-001 :016 is located in the conservation district but is currently undesignated.

Ron's contact number is 637-0494 only a small portion ofTMK: (1) 6-8-014:001 is located in the conservation district (looking towards NARS reserve)

The well number is mentioned on Page 2 of the staff report of 2504 (1992) report

Water Resource Management was mentioned on Page 7 of the staff report (1992)

I dont know if the CDUA covers the well area - it does cover the TMK numbers listed in the staff report. Unless you can let us know the TMK I wont know if it is in the CD area.

1) Does anyone have contact information for Ron?

Mr. Ronald P. Weidenbach dba Hawaii Fish Company P.O. Box 1039 Waialua, Hawaii 96791-1039

2) Does anyone have a point of contact for the Army?

3) Is the well within a Conservation District and if so, is the permit adequate to cover well usage?

Not sure - need specific TMK information

4) Does anyone know how long the well has been operating? e o

probably since 1992 with Weidenback or prior to that with the Army. But it looks like there are a lot more people who are also using the well - according to the staff report. '" try to pull a map tomorrow from the files and email you.

Dawn

"There are no more committed people on the planet than surfers. We all fall down a lot. We turn around, paddle back out, and do it over and over again. Unlike anything else in life, the stoke of surfing is so high that failure quickly fades from memory." from the stand up paddle shop.

NOTICE: The information in this transmittal (including attachments, if any) is privileged and confidential and is intended only for the recipients(s) listed above. Any review, use, disclosure or copying of this transmittal is prohibited except by, or on behalf of, the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Thank you.

*****------*******-----**********------*********---- Dawn T. Hegger Senior Planner State of Hawaii Department of Land and Natural Resources Office of Conservation and Coastal Lands Kalanimoku Building 1151 Punchbowl Street, Room 131 P.O. Box 621 Honolulu, Hawaii 96809-0621 808-587-0380 Phone 808-587-0322 Fax [email protected]

Ryan R Imata/DLNRIStateHiUS

RyanR ImatalDLNRlStateHiUS To Gaudencio C LopezlAIR/HIDOT@HIDOT 03/30/2011 11 :15 AM cc Jodi M. Yamami/DOH@DOHEXCH, Barry W Cheung/DLNRlStateHiUS@StateHiUS, Dawn T Hegger/DLNRIStateHiUS@StateHiUS, Roy Hardy/DLNRIStateHiUS@StateHiUS Subject Dillingham Airfield Well No. 3412-01 [J

Aloha Dennis, Jodi, Barry and Dawn,

I got a call from Jodi at DOH Safe Drinking Water Branch, and I am following up on this issue that Dennis initially brought to her attention.

There is apparently a well on Dillingham Air Field, State Well No. 3412-01, which is being used by an . aquaculture farmer. c o

Our database shows the well on TMK 6-9-001 :016, but I think that information is outdated. I checked Google Earth and the City's GIS, and the well appears to be on TMK 6-8-014:001. The parcel is owned by the Army and leased by DOT, which is consistent with the well / landowner information on my well database.

Our concern is that there is no water use permit for this well, nor has there been any water use reporting. My understanding is that the farmer (Ron?) has been farming for about 20 years. I don't know if he has been using this well for 20 years. All state agencies involved are concerned that there is no backflow preventer on the system and therefore the potential for contamination. Barry also brought to my attention that a CDUP has been issued, but I don't know if this permit covers the well area or if the well is even in the Conservation District.

I have attached various information for your use.

I have a couple of questions.

1) Does anyone have contact information for Ron? 2) Does anyone have a point of contact for the Army? 3) Is the well within a Conservation District and if so, is the permit adequate to cover well usage? 4) Does anyone know how long the well has been operating?

After I get this information I'll make contact with both the user and the landowner, and we'll need to bring this user into compliance with our permitting and reporting requirements.

Thanks for you attention into this matter.

Ryan Imata, P.E. Regulation Branch Commission on Water Resource Management Department of Land and Natural Resources State of Hawaii 587-0255 (business) 587-0219 (fax)

68014001.JPG TMK info.JPG Google EarthWell.JPG o o

Gaudencio C To Ryan R Imata/DLNRIStateHiUS@STATEHIUS, Ross LopezlAIRlHIDOT@HIDOT Smith/AIR/HIDOT@HIDOT 04/11/201112:13PM cc Alex Tamoria/AIR/HIDOT, James PrattlAIR/HIDOT@HIDOT, Ford Fuehigami/AIRlHIDOT@HIDOT, Deane Kadokawa/AIR/HIDOT@HIDOT, Jodi M. bee Subject Re: Dillingham Airfield Well No. 3412-01C]

Ross, There is an Army Well at HDH that is supposed to be abandoned but has been used by an airport lessee (Ron Weidenbach) without permission from either the Army or DOTA for his commercial fish activity (non-airport related). This use requires a permit with DLNR and threatens a nearby active drinking water well utilized by public water system 338 operated by the DOTA. Can you forward the contact information for the responsible agent with the Army. DLNR is requesting the information in order to communicate this situation to them.

Ryan, Sorry for the late response, I've been in and out of the office on leave and I'm slowly getting back on track.

Mahalo, Dennis

Gaudencio C. Lopez (Dennis), P.E. Oahu District Engineer Honolulu International Airport 300 Rodgers Boulevard, #12, 5th Floor Honolulu, Hawaii 96819-1897 Phone: (808) 834-6091 Fax: (808) 836-6469

Ryan R Imata---03/30/2011 11 :15:52 AM---Aloha Dennis, Jodi, Barry and Dawn, I got a call from Jodi at...

From: Ryan R Imata/DLNRIStateHiUS@STATEHIUS To: Gaudeneio C LopezlAIR/HIDOT@HIDOT Cc: Jodi M. Yamami/DOH@DOHEXCH, Barry W Cheung/DLNRIStateHiUS@StateHiUS, Dawn T Hegger/DLNRIStateHiUS@StateHiUS, Roy Hardy/DLNRIStateHiUS@StateHiUS Date: 03/30/2011 11 :15 AM Subject: Dillingham Airfield Well No. 3412-01

Aloha Dennis, Jodi, Barry and Dawn,

I got a call from Jodi at DOH Safe Drinking Water Branch, and I am following up on this issue that Dennis initially brought to her attention.

There is apparently a well on Dillingham Air Field, State Well No. 3412-01, which is being used by an aquaculture farmer.

Our concern is that there is no water use permit for this well, nor has there been any water use reporting. My understanding is that the farmer (Ron?) has been farming for about 20 years. I don't know if he has been using this well for 20 years. All state agencies involved are concerned that there is no backflow preventer on the system and therefore the potential for contamination. Barry also brought to my attention o o that a COUP has been issued, but I don't know if this permit covers the well area or if the well is even in the Conservation District.

I have attached various information for your use.

I have a couple of questions.

After I get this information I'll make contact with both the user and the landowner, and we'll need to bring this user into compliance with our permitting and reporting requirements.

Thanks for you attention into this matter.

Ryan Imata, P.E. Regulation Branch Commission on Water Resource Management Department of Land and Natural Resources State of Hawaii 587-0255 (business) 587-0219 (fax)

68014001.J PG TM K info.J PG Google Earth Well.J PG

CONFIDENTIALITY NOTICE This e~mail and [my attachments contain infomliHion from The Sf"",} of lImvat! and contain cD!!I'ide!Jffd! and:or pnvt/eged m/ixmar/o{!' They dre mfenried sofely tor the use of the named recipient or reupients, {pv!erY use, disc!csure, or d!sl{f!;uiion oT If!!s emai! by anyone olher tflan dll Ilitefided recipient is slricliy pru!!!iJited iF YOIl are flot d fwmeri leciplefl(vOU dre pl(Jllii)!!ed From any (i!{iher VIewing o/Ilie or from making dnv use or tile e1!JIJiI or a!iaci7ments IFyoll !)e!;eve you have received i!!is e"!Tim! in error the sender Immfxftate!v delete rhe e;rlfJi!, duyattachments, dN! af! copies !hereof Irom any rim,es or stordge medii} dnd destroy any prffi{cuis

CONFfDENf!ALI!Y NOTICE.' Tliir; email and 3nv a!!31/1ments ('ontam inFcrmdilof) korn The Siale of Nawdl! and may ('enidln cQnti(/ent!df dml/of pl!vJ!eged informaflOf!. TI!e} are ,r;{ended solei} /or tlie use of r/le or reCipients AllY {PVlevV use. (itSCIO.:3UfS\ or rirstnbuli()!J of tlus anyone oilJer than i3fl Ifyou are not a ltdfned re,;;fplenl you dff' profJif!!fPd kom dny VIewing of tlie e"!(!dil or dny use of rhe e~mdt! or ditac/unents it ,'V1.,)u [1ed!eve you {lave rcc't?ived f!J/5 c-fllaJ/ IiI ellOl the sender ltrlrr16Y}iilt6'/V delele the e~fTJ(}f!, tlnyattaci!rnents. and al! copies t!lCmot from any doves or storage media and destmy any printouts of the e-maJ/ or attachment,>, o o

Gaudencio C To Ryan R Imata/DLNR/StateHiUS@StateHiUS, Jodi M. LopezlAIRlHIDOT@HIDOT Yamami/DOH@DOHEXCH 04/25/2011 03:53 PM cc bcc Subject Fw: Dillingham Airfield Well No. 3412-01

History: ~ This message has been replied to.

Ryan, Please find attached the land agent with the Army that our property management staff works with. My apologies for sending this late.

Ron Weidenbach is a tenant of both DLNR and DOT-Airport. The Airport leased lot is obtaining access to the subject well. It is my understanding that the DOT has given Weidenbach a grace period to prepare to leave airport property as his lease will no longer be renewed on a month to month. In the interim we can install a BFP on the well that he is using to satisfy DOH. In the long run he will be removed from his leased location adjacent to the well and existing pumphouse. I will be drafting a letter informing Weidenbach about the BFP.

Mahalo, Dennis Gaudencio C. Lopez (Dennis), P.E. Oahu District Engineer Honolulu International Airport 300 Rodgers Boulevard, #12, 5th Floor Honolulu, Hawaii 96819-1897 Phone: (808) 834-6091 Fax: (808) 836-6469 ----- Forwarded by Gaudencio C LopezlAIR/HIDOT on 04/25/2011 03:35 PM -----

From: Ross Smith/AIR/HIDOT To: Gaudencio C LopezlAIR/HIDOT@HIDOT Date: 04111/2011 04:52 PM Subject: Fw: Dillingham Airfield Well No. 3412-01

Ross Smith State of Hawaii Department of Transportation Airports Division Property and Business Development Office Honolulu International Airport 400 Rodgers Blvd., Suite 700 Honolulu HI 96819

Phone 808-838-8676 Fax 808-838-8753

Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. ----- Forwarded by Ross Smith/AIR/HIDOT on 04/11/2011 04:51 PM -----

From: Mike Auerbach/AIR/HIDOT To: Ross Smith/AIR/HIDOT@HIDOT Date: 04/11/2011 02:55 PM e o

Subject: Re: Fw: Dillingham Airfield Well No. 3412-01

Army This should be a good start: Contact. pdf

Mike Auerbach Land Agent DOT-Airports Division (AIR-PM) 400 Rodgers Blvd., 7th FIr. Honolulu, Hawaii 96819

Ph. (808) 838-8684 E-Mail: Mike.Auerbach@hawaiLgov

Ross Smith---04/11/2011 02:01 :02 PM---Please check on any contact we have listed for the Army. Mich ...

From: Ross Smith/AIR/HIDOT To: Mike Auerbach/AIR/HIDOT@HIDOT Date: 04/11/2011 02:01 PM Fw: Dillingham Airfield Well No. 3412-01 Subject: ~"_~,~~~o,, ~~ ~O_~~~_~~"_~ '_~~," ,_"""""'______'M ______'" ___

Please check on any contact we have listed for the Army. Michael Lee was the only person dealing with the lease.

Ross Smith State of Hawaii Department of Transportation Airports Division Property and Business Development Office Honolulu International Airport 400 Rodgers Blvd., Suite 700 Honolulu HI 96819

Phone 808-838-8676 Fax 808-838-8753

From: Gaudencio C LopezlAIR/HIDOT To: Ryan R Imata/DLNRIStateHiUS@STATEHIUS, Ross Smith/AIR/HIDOT@HIDOT Cc: Alex Tamoria/AIR/HIDOT, James PrattlAIR/HIDOT@HIDOT, Ford FuchigamilAIR/HIDOT@HIDOT, Deane Kadokawa/AIR/HIDOT@HIDOT, Jodi M. Yamami/DOH@DOHEXCH Date: 04/1112011 12:12 PM Subject: Re: Dillingham Airfield Well No. 3412-01

Ross, There is an Army Well at HDH that is supposed to be abandoned but has been used by an airport lessee (Ron Weidenbach) without permission from either the Army or DaTA for his commercial fish activity (non-airport related). This use requires a permit with DLNR and threatens a nearby active drinking water well utilized by public water system 338 operated by the DaTA. Can you forward the contact information for the responsible agent with the Army. DLNR is requesting the information in order to communicate this situation to them. o o

Ryan, Sorry for the late response, I've been in and out of the office on leave and I'm slowly getting back on track.

Mahalo, Dennis

Gaudencio C. Lopez (Dennis), P.E. Oahu District Engineer Honolulu International Airport 300 Rodgers Boulevard, #12, 5th Floor Honolulu, Hawaii 96819-1897 Phone: (808) 834-6091 Fax: (808) 836-6469

Ryan R Imata---03/30/2011 11: 15:52 AM---Aloha Dennis, Jodi, Barry and Dawn, I got a call from Jodi at...

CONFIDENTIALITY NOl/CE. This' email ami any ailac!/ments contain iniormarlo(! irom The State o/!!m¥8iJ contain cO{lfidenliaI8nd'(H Tliey afe lfitended solely for the use of tfle review. use, disc/osure. cf tlilS e-mail L~v anyone ottrer llian em in!,,,,,'f,,d recipiellf, you ale prohibited frem any further vie:1ifflg of rhe ,.11","';'''''''<2, attachments. If you believe you hdve received liliS e·m~!l1 in eNUI. the sender linmF':!iiltniv dn)i attachments, dnd dl! copies tliereof from dny dnves Of sturdpe media dnd des/roy any printouts of the Of attacflfnents.

CONIIDENIIALITY NOTICE' !/iis email dnd allY atidc'hmef!ls contain ilJformallon from The Siale of lIawad 3nd may coniain cenfidentld! and/or privileged information TI16~V are mtended s('lelv for {fie use of the named recfpwnt 01 reC!pleflis. Any review. use. d/sUesure, or distrtbut!l;m of tfils e~mdif by anyone other tilan aFt Ifyou are not a named you are pruhit!lted limn imy furtfier l-lew!iJg of tfie e~mat! 01 dny use of [he e-mail or !fyou believe you lave received lhis e·maif ;/i errc!: delete tlJe e-mail, any FJttachments. and all copies thereof frem anv drives or stomge media and destroy any printouts ofthe (",mail or atie7climent5. o o

Gaudencio C To Ryan R Imata/DLNRIStateHiUS@STATEHIUS, James LopeziAIRlHIDOT@HIDOT PrattlAIRlHIDOT@HIDOT 04/26/2011 01 :49 PM cc Jodi M. YamamilDOH@DOHEXCH bcc Subject Re: Fw: Dillingham Airfield Well No. 3412-01[j

History: ~ This message has been replied to.

I'll have to check, this was agreed at the administrative level (While Brennan Moriaka was the Director). Unfortunately I was not involved or privy to the discussion. If a gentleman's agreement was made, I wanted to use this issue to document it as both the well permit and water quality threat are tied to his land use under his lease with DOTA. I'll get back to you folks. I'll have that time frame noted on the letter that we will send to him and provide both you and Jodi a copy.

Mahalo, Dennis

Gaudencio C. Lopez (Dennis), P.E. Oahu District Engineer Honolulu International Airport 300 Rodgers Boulevard, #12, 5th Floor Honolulu, Hawaii 96819-1897 Phone: (808) 834-6091 Fax: (808) 836-6469

Ryan R Imata---04/26/2011 08:37:43 AM---Hey Dennis, What kind of time frame are you looking at to hav ...

From: Ryan R Imata/DLNRIStateHiUS@STATEHIUS To: Gaudencio C LopeziAIRlHIDOT@HIDOT Cc: Jodi M. Yamami/DOH@DOHEXCH Date: 04/2612011 08:37 AM Subject: Re: Fw: Dillingham Airfield Well No. 3412-01

Hey Dennis,

What kind of time frame are you looking at to have him move?

Ryan

Gaudencio C LopeziAIR/HIDOT@HIDOT

Gaudencio C LopeziAIRlHIDOT@HIDOT To Ryan R Imata/DLNRIStateHiUS@StateHiUS, Jodi M. 04/25/2011 03:53 PM Yamami/DOH@DOHEXCH cc Subject Fw: Dillingham Airfield Well No. 3412-01

Ryan, Please find attached the land agent with the Army that our property management staff works with. My apologies for sending this late.

Ron Weidenbach is a tenant of both DLNR and DOT-Airport. The Airport leased lot is obtaining access to o

the subject well. It is my understanding that the DOT has given Weidenbach a grace period to prepare to leave airport property as his lease will no longer be renewed on a month to month. In the interim we can install a BFP on the well that he is using to satisfy DOH. In the long run he will be removed from his leased location adjacent to the well and existing pumphouse. I will be drafting a letter informing Weidenbach about the BFP.

From: Ross Smith/AIR/HIDOT To: Gaudencio C LopezlAIR/HIDOT@HIDOT Date: 04/11/2011 04:52 PM Subject: Fw: Dillingham Airfield Well No. 3412-01 _##'-'~~-"""'~""-' • ,----.---~ .•,,---

Ross Smith State of Hawaii Department of Transportation Airports Division Property and Business Development Office Honolulu International Airport 400 Rodgers Blvd., Suite 700 Honolulu HI 96819

Phone 808-838-8676 Fax 808-838-8753

Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended reCipient, please contact the sender by reply e-mail and destroy all copies of the original message. ----- Forwarded by Ross Smith/AIR/HIDOT on 04/11/2011 04:51 PM -----

From: Mike Auerbach/AIR/HIDOT To: Ross Smith/AIRlHIDOT@HIDOT Date: 04/11/2011 02:55 PM Subject: Re: Fw: Dillingham Airfield Well No. 3412-01

This should be a good start: [attachment "Army Contact.pdf' deleted by Gaudencio C Lopez!AI R/H I DOT]

Mike Auerbach Land Agent DOT-Airports Division (AIR-PM) 400 Rodgers Blvd., 7th Fir. Honolulu, Hawaii 96819

Ph. (808) 838-8684 E-Mail: Mike.Auerbach@hawaiLgov

Ross Smith---04/11/2011 02:01 :02 PM---Please check on any contact we have listed for the Army. Mich ... o a

Ryan R Imata---03/30/2011 11: 15:52 AM---Aloha Dennis, Jodi, Barry and Dawn, I got a call from Jodi at...

CONFIDFNT!AUTY NOTICE' This e-mail ami any attachments contain hformation from The State of HawaiI confidontia! and:or prlviiegod /nfommtion They are intended sole{v fi)!, {he lise of the nB!7!r,d !eripkJi7f or recipients, usc, disclosutC, or distrifJuNm of flJis anyone other f/Jan an intended l<'Jcipll?nt Iti ffyou dre not:; named mclj,?ient, VOU Dre pmi1IDtted from any I/Ie~o/mq uf the artaclimeilfs or allY use of the (Hnaii or atr[)chments, If you !;c:lievc you /),n'i) receivod Ihis c,milii ill error the delete the c,m3i/ anv dttacilmeiJ[s, and ali cOPies memo! from any drives or stom!]e and destroy !Jnv printouts 0/ the

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.. ; o o NEIL ABERCROMBIE GLENN M. OKIMOTO GOVERNOR DIRECTOR

Deputy Directors FORD N. FUCHIGAMI JADE T. BUTAY RANDYGRUNE JADINE URASAKI STATE OF HAWAII DEPARTMENT OF TRANSPORTATION AIRPORTS DIVISION· OAHU DISTRICT IN REPLY REFER TO: HONOLULU INTERNATIONAL AIRPORT 300 RODGERS BOULEVARD, #12 HONOLULU, HI 96819-1830 AIR-O 11.0080 July 25, 2011

Mr. Ronald Weidenbach HAW All FISH COMPANY P. O. Box 1039 Waialua, Hawaii 96791 ... Dear Mr. Weidenbach:

The State of Hawaii, DOT has received a Notice of Potential Violation from the Department of Land and Natural Resources, Commission on Water Resource Management concerning the use of State Well Number 3412-01. The Notice specifies violations under Part N, Regulation of Water Use; of the State Water Code, 174C, Hawaii Revised Statues.

If you have a pennit(s) for the use ofthis well, please furnish copies of the pennit(s) to me immediately. If you do not have a pennit, then you must cease use of this well immediately. Cease pumping water from this well and disconnect all piping and pumps from the well site. Ensure that the well is secured so that no contaminates can enter the well. State of Hawaii, DOT engineers and/or consultants will inspect the well during the week of August 1 to August 5, 2011 to ensure compliance. Failure to comply could result in fines of up to $5,000.00 per day.

Thank you for your prompt assistance in this manner. If you have any questions, you may contact me at 836-6533.

Sincerely,

Manager Oahu District Airports

CERTIFIED MAIL, RETURN RECEIPT REQUESTED o NEIL ABERCROMBIE o GLENN M. OKIMOTO GOVERNOR DIRECTOR

Deputy Directors FORD N. FUCHIGAMI JADE T. BUTAY RANDYGRUNE JADINE URASAKI STATE OF HAWAII DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO AIRPORTS DIVISION· OAHU DISTRICT HONOLULU INTERNATIONAL AIRPORT 300 RODGERS BOULEVARD, #12 HONOLULU, HI 96819-1830 AIR-O 11.0080 July 25,2011

Mr. Ronald Weidenbach HAW All FISH COMPANY P. O. Box 1039 Waialua, Hawaii 96791 ... Dear Mr. Weidenbach:

The State of Hawaii, DOT has received a Notice of Potential Violation from the Department of Land and Natural Resources, Commission on Water Resource Management concerning the use of State Well Number 3412-01. The Notice specifies violations under Part IV, Regulation of Water Use; of the State Water Code, 174C, Hawaii Revised Statues.

If you have a permit(s) for the use of this well, please furnish copies of the permit(s) to me immediately. If you do not have a permit, then you must cease use of this well immediately. Cease pumping water from this well and disconnect all piping and pumps from the well site. Ensure that the well is secured so that no contaminates can enter the well. State of Hawaii, DOT engineers and/or consultants will inspect the well during the week of August 1 to August 5,2011 to ensure compliance. Failure to comply could result in fines of up to $5,000.00 per day.

Thank you for your prompt assistance in this manner. If you have any questions, you may contact me at 836-6533.

Sincerely,

Manager Oahu District Airports

CERTIFIED MAIL, RETURN RECEIPT REQUESTED !{." ' - - \~ o o

Fw: URGENT re: DLNR Water Commission notice of violation William J ABa Jr to William M Tam 08/05/201103:17 PM Scmi Susan N Richey

----- Forwarded by Susan N Richey/DLNRIStateHiUS on 08/0512011 03:17 PM -----

From: Ronald Weidenbach To: [email protected] Date: 08/05/2011 02:46 PM Subject URGENT re: DLNR Water Commission notice of violation

URGENT Dear Chair Aila, I just received the attached and mis-addressed Certified letter from DOT regarding a "Notice of Potential Violation" from the DLNR Commission of Water Resources Management, with a DOT demand to immediately disconnect our fish hatchery water system, and notice of a potential fine of up to $5,000.00 per day. Somewhere/somehow there has been a miscommunication, but our fish and company's financial survival appear at high risk unless this is quickly resolved or placed on hold. Can you intervene and obtain a stay of execution until we sort this out? In short, I previously inquired with Commission staff whether I could/should register the 1894 airport well we have been using since approx. 1990. They informed me that since it was a Federal property the DLNR had no formal jurisdiction but that if the U.S. Army was willing, that it would be a helpful voluntary courtesy to do so. I immediately followed up with the Army, asking if I could and should do so. The senior property manager at the time informed me that since DLNR had no formal jurisdiction and since the Army was in negotiations with the DOT for transfer of the property, that they did not wish me to do so as this would unnecessarily involve their time. I informed the DOT, we exchanged letters, had a face-to-face meeting, I made some physical improvements per a DOH request, and all has been seemingly fine until this Notice of Violation. I am very concerned that the DOT engineers will pull the plug on my hatchery due to this DLNR Notice of Violation for what I feel is a miscommunication or misunderstanding. I will do whatever I need to do if facts have changed in this matter, but I have been operating in good faith since approx. 1990 and hope that you can help prevent the shut-down of my hatchery with no available place to move my fish or continue my hatchery operations in support of my DLNR fish farm, Please advise! Mahalo, Ron Weidenbach-,.: -,.: scan0001.pdf scan0002.pdf