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1 2 M Jt L h a P A L $. At )j ; ij a ; « Q 4 ; 4,; 4 ' .... QMISSION ON WATER RESOURCE MANAGEMEfil ROUTE SLIP FOR PERMIT ISSUANCE 11/14107

FROM: RYAN DATE: 414108 SUSPENSE DATE:

PLEASE:

CHENG, C. KIMURA, J. Approval See Me -CHING,F. LEROUX, E. --Signature -1-Review & Comment -CHONG,R. KUNIMURA, I. -3-lnformation --Take Action --DANBARA, S. --Type Draft NAKAMA, L. Il )1\ .! ENGLAND, D. -4-0HYE,M. ,,\ . -2-Type Final FUJII, N. SAKOOA, E. t -4-File -1-HAROY, R. II --SWANSON, S. --Xerox copies -2-HOAGBIN, S. UYENO, D. ICE,C. YODA, K. IMATA, R. ==YOSHINAGA, M. -3-KAWAHARA, K.==

WELL NUMBER 6047-05 WELL NAME Hapuna Irrigation 4

application type PUMP 1 WCP COVER lETTER ~ pump only, not necessary 2 WCP ~ pump only, not necessary 3 WEll CHECK PRINTOUT ~pump only, not necessary

4 PIP COVER lETTER 5 PIP

COMMENTS: 6 SOWB ~ 7 WWB 8 CWB ~:.----- (~ot..MLV l;w. 5 9 lO ~ 10 HP --'9... 11 lUC not in conservation district \)Ort- ~~t- 12 OCCl not in conservation district 13 SMA ±= not in sma ~ jU(1 ~+O NOTES: (e-~ ()~ ItJ t\.~ DRILLER Beylik TMK 6-2-001 :051 PUMP CAPACITY 450 ~t>~ WELL OWNER Properties, Inc. LANDOWNER Mauna Kea Properties, Inc. COMMENT DEADLINE 1/23/08 ~ f UV»f t/l15 dVz~ \ \. \/l.A d.J 4~ C~ ~ ,at O~ '..,-I..L· ) o o / LINDA LINGLE LAURA H. THIELEN GOVERNOR OF 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 / April 8, 2008 Ref: 6047-05.pip Mr. Bill Godwin Beylik Drilling and Pump Service 91-259A Olai Street Kapolei, HI 96707 Dear Mr. Godwin: Pump Installation Permit Hapuna Irrigation 4 Well

1. If the elevation benchmark needs to be altered, the permittee, well operator, and/or well owner shall ensure that the benchmark is transferred (or the well resurveyed) and documentation of the new benchmark shall be submitted to the Commission within sixty (60) days after the pump is installed. 2. Attached for your information are copies of the Department of Health's (DOH) review comments. Please note DOH's requirements related to discharge of effluent from well drilling and testing activities. Also, please contact the Noise Radiation and Indoor Air Quality Branch at 587-4700 to check compliance with construction noise permit requirements for this project. 3. The permittee shall conduct aquifer pump tests in accordance with the Hawaii Well Construction and Pump Installation Standards (revised February 2004) on the latest aquifer pump test data forms, which are available by contacting staff or on the web at www.hawaii.gov/dlnr/cwrm/forms.htm. The permittee is responsible for all conditions of the permit. This includes ensuring the submission of a completed Well Completion Report Part IT 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 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 Ryan Imata of the Commission staff at 587-0255.

Enclosure c: Mauna Kea Properties, LLC (with applicable comments - DOH CWB) Tom Nance USGS HawaiiDWS - Note: This permit shall be prominently displayed at the site until the work is completed In accordance with Department of Land and Natural Resources, Commission on Water Resource Management's Administrative Rules, Section 13-168, entitled "Water Use, Wells, and Stream Diversion Works", this document permits the pump installation for Hapuna Irrigation 4 Well (Well No. 6047-05) at TMK 6-2-001:051, Hawaii, 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 §13-168-15, Hawaii Administrative Rules.

2. No withdrawal of water shall be made other than for testing until a Certificate of Pump Installation Completion has been issued by the Commission.

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

4. The pump installation permit shall be for installation of l450 ~m rated capacity, or less, pump in the well. This permanent capacity may be reduced in the event that the pump test data do~' 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 60 days after completion of work. This form can be obtained by contacting staff or on the internet at www.hawaii.gov/dlnr/cwrm.

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

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

11. The permittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, liability, claim, or demand for property damage, personal injury, or death arising out of any act or omission of the applicant, assigns, officers, employees, contractors, and agents under this permit or relating to or connected with the granting of this permit.

12.

Date of Approval: January 23, 2008 {2,/LA EN, Chairperson Expiration Date: January 23, 2010 -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 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-21896 Date: ------Beylik Drilling and Pump Printed Name: Bill Godwin Firm or Title: ------Service Please sign both copies ofthis permit, return one to the Chairperson, and retain the other for your records.

Attachments \f , 't " .:J. D a

LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CIWAPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAl S. FUJIWARA CHIYOME L. FUKlNO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHAlEN

DEAN A. NAKANO STATE OF HAWAII ACTWG DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

AGENDA FOR THE MEETING OF THE COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: January 24,2007 TIME: 9:00am PLACE: Kalanimoku Building Conference Room 132 1151 Punchbowl Street Honolulu, Hawaii 96813

A. APPROVAL OF MINUTES

1. December 13,2006

B. ANNOUNCEMENTS

C. GROUND WATER REGULATION 1. Water Resources International, Inc., APPLICATION FOR AFTER-THE-FACT WELL CONSTRUCTION / PUMP INSTALLATION PERMITS, Hapuna 4 Well (Well No, 6047-05), Well Construction: 12-inch Casing Diameter, 760-ft Deep Well, Pump Installation: 450 gpm for Irrigation use, TMK 6-2-001:051, Hawaii

E. STREAM PROTECTION AND MANAGEMENT

1. Request for Additional Time to Consult with the County ofMaui, Hui 0 Na Wai Eha and Maui Tomorrow Foundation, Inc., Petition for Surface Water Management Area Action, Waihee, Waiehu, lao, and Waikapu Surface-Water Hydrologic Units, Wailuku, Maui

H, NEXT COMMISSION MEETINGS (TENTATIVE)

1. February 21,2007 2. March 21, 2007

Materials related to items on this agenda are available for review at our office at 1151 Punchbowl Street, Room 227, and also will be available at the meeting. Any person may testify or present information on any meeting agenda item, unless the item involves a proceeding In an existing contested case. In addition, if you have a legal interest that may be adversely affected by the proposed action, you may have a right to an administrative contested case hearing. You must make the request for such a hearing either orally or In writing at the public hearing or meeting for which this notice is given. Hawaii Administrative Rules (HAR.) Section 13-167-52(a}. If you request a contested case hearing, you will have the opportunity to present to the Commission oral or written evidence or testimony or both to establish your standing. You may present your testimony or evidence on standing at the meeting or public hearing described above or, alternatively, at a hearing set by the Commission at a later date. If you request a contested case hearing either orally or In writing, you must also complete and file (or mall and postmark) a written petition for a contested case with the Commission within ten days after the date of the public hearing or meeting noticed here. Petition forms are available from the Commission. H.A.R. Section 13-167-52(a}. If you do not make such a request or fail to file a timely written petition with the Commission, the consequence Is that you will be precluded from later obtaining a contested case hearing and seeking judicial review of any adverse decision. H.A.R. Chapter 13-167. Disabled individuals planning to attend the public hearing or meeting are asked to contact the Commission at the above address or phone (Kaual) 274-3141 ext. 70214, (Maui) 984-2400 ext. 70214, (Hawaii) 974-4000 ext. 70214, (Molokai or Lanai) 1-8OO-GOV-INHI ext. 70214 or 587- 0214 at least three dayS in advance of the public hearing or meeting to indicate if they have special needs which require accommodation. r. • o o

MINUTES FOR THE MEETING OF THE COMMISSION ON WATER RESOURCE MANAGEMENT

DATE: December 13, 2006 TIME: 9:00am PLACE: DLNR Board Room Kalanimoku Bldg.

Chairperson Peter T. Young called the meeting of the Commission on Water Resource Management to order at 9:03 a.m.

Acting Deputy Director Dean Nakano amended the agenda, approval of minutes to read as November 15, 2006 instead of October 18, 2006.

The following were in attendance and/or excused:

MEMBERS: Mr. Peter Young, Ms. Meredith Ching, Mr. James Frazier, Mr. Neal Fujiwara, Dr. Lawrence Miike

STAFF: Dean Nakano, Roy Hardy, Ed Sakoda, Dean Uyeno, Lenore Nakama, Charley Ice

EXCUSED: Dr. Chiyome Fukino, Dr. Stephanie Whalen

COUNSEL: Julie China, Esq.

OTHERS: Yvonne Izu, Kapua Sproat, Koa Kaulukukui, Dan Polhemus, Gordon Tribble, Jane Lovell, Sonia Faust, Linda Chow, Randall Ishikawa, Colin Lau, John Ford, Faith Miyamoto

All written testimonies submitted at the meeting are filed in the Commission office and are available for review by interested parties. The items were not taken in the order posted on the agenda.

A. APPROVAL OF MINUTES

Oeteeer 18, 2QQ~ November 15, 2006

MOTION: (FrazierlMiike) To approve the minutes as amended. UNANIMOUSLY APPROVED AS AMENDED " r o

Minutes December 13, 2006

B. ANNOUNCEMENTS

Deputy Director Dean Nakano announced that the closing oral arguments for the lao Basal CCH would be held in the Commission on Water Resource Management's Conference Room 227.

Mr. Ed Sakoda announced that the Commission received on December 6, 2006 from Earthjustice, a petition to designate the surface water management area for the Na Wai Eha Stream.

Mr. Sakoda stated that the Code requires that the Chairperson consult with the Mayor, the County Council and the Maui Department of Water Supply on this petition. Letters were sent out with the petition asking them whether or not they agree with the petition. The Chainnan has 60 days from the receipt of the petition to bring a recommendation to the Commission on whether to go forward with the process of designation or not. The deadline is February 4,2007. Depending when the responses are received from the agencies, staff may ask for more time and this is allowed in the Code. A letter from Mayor Alan Arakawa asking the Commission to give the petition most careful consideration has already been submitted.

Mr. Sakoda also stated that a hearing was held on December 12,2006 on the waste complaint for Na Wai Eha. That contested case is taking its course.

Mr. Nakano made a request to move the non-action item first with the submittal to follow. He announced Dean Uyeno from the SP AM Branch as the presenter for the non-action item.

G. NON-ACTION ITEMS

1. Stream Protection and Management Program Briermg

Mr. Dean Uyeno gave an update of the Stream Protection and Management Program. He recapped some of the current program activities starting with inter-agency coordination efforts, including meetings with the U.S. Geological Survey (USGS) and the Division of Aquatic Resources (DAR). Additional coordination will be implemented with the Department ofHea1th, Corps of Engineers, Coastal Zone Management Program and the City and County of Honolulu.

The Commission has coordinated with DAR, the development of the DAR Aquatic Surveys Database. The database is a compilation of various aquatic vertebrate and invertebrate surveys that manages infonnation on where certain species have been found and areas that have and do not have biological data. The database will aid in the Commission's regulatory process and decision making and will also provide a source of infonnation for additional studies.

2 l. # o

Minutes December 13, 2006

The DAR database was developed to include the presence or absence of species such as clams, crustaceans, fish, and snails. For fish, in particular, the database contains species, size and sex, survey locations, habitat types and various rankings indicating high quality populations. The database has been compiled from various sources including the 1990 Hawaii Stream Assessment, USGS, Bishop Museum, various reports and studies, along with observations made by DAR staff. A major product of the Aquatic Surveys Database is the Atlas of Hawaiian Watersheds & Their Aquatic Resources (Atlas), which has been produced for five of the main Hawaiian Islands. The Atlas is currently in draft form and will be made available to the public via the DAR website in the future.

Another project initiated, in coordination with Dr. Jim Parham, is the development of a comprehensive surface water information management system. The database will improve the management of data and regulatory processing and permitting, culminating in better information for developing measurable instream flow standards (IFS). The database aims to compile all of the Commission's surface water-related information such as requests for determination, stream channel alteration permits, registered diversions, stream diversion works permits, petitions to amend the instream flow standard, and complaints. The goal is to manage information more efficiently to enable the Commission to identify and assess watershed conditions.

The last item that Mr. Uyeno presented was the Statewide Verification of Stream Diversions Project (Project). The 2006 Legislature approved $650,000.00 for conducting these field verifications. Staff recently completed the consultant selection process and is currently finalizing the contract scope of work.

There are approximately 1,260 registered and/or permitted diversions that are on file with the Commission and most of these diversions have not been verified. Within the scope of the Project, three priority groups of diversions have been established for verification. Priority 1 diversions include the hydrologic units affected by the pending petitions to amend the interim IFS including East Maui, Na Wai Eha, and HonokahauIHonolua streams. Priority 2 diversions are diversions with the hydrologic units affected by the irrigation systems evaluated as part of the 2004 Agricultural Water Use and Development Plan (A WUDP). Priority 3 diversions are within the hydrologic units affected by the 11 unstudied irrigation systems identified in the 2004 AWUDP.

Mr. Uyeno then presented an example of an initial inventory of instream and non-instream uses using the Punaluu watershed. The Commission is fortunate to be a member of the Punaluu Watershed Alliance (Alliance) that includes the Punaluu Community Association, Kamehameha Schools, USGS and the Board of Water Supply. The reports and studies that have been produced as a direct result of the Alliance are greatly beneficial to the Commission in supporting the establishment of measurable interim IFS for Punaluu.

As part of developing measurable interim IFS, Mr. Uyeno emphasized that staffwill need to develop initial assessments for those hydrologic units related to pending IFS petitions in addition to conducting public fact gathering meetings to seek additional information or

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Minutes December 13, 2006

revise existing data. The Conunission' s duty is to weigh the importance of present and potential instream uses or values with the importance of present or potential non-instream uses, in light of the economic impact on restricting such uses. Interim IFS may be adopted

on a stream-by-stream basis or may consist of a general interim IFS applicable to all streams within a specified area. Interim IFS may also be developed by the Conunission without the necessity of a public hearing; however, the staff wants some public input process to help attain the best available infonnation. Interim IFS adopted by the Commission may be changed based upon subsequent petitions to amend the interim IFS or upon new/additional stream infonnation. Lastly, staff will compile and utilize the best available infonnation in developing these reconunendations.

In conclusion, Acting Deputy Director, Dean Nakano presented a draft logo and motto for the Commission to consider. The motto, "Ke Kahuwai Pono," means ''The trustee who oversees the rightful sharing of water," which is befitting the mission of the Commission.

E. STREAM PROTECTION AND MANAGEMENT

1. Authorize Staff to Initiate and Conduct Public Fact Gathering to Amend Interim Instream Flow Standards

PRESENTATION OF SUBMIITAL: Ed Sakoda

RECOMMENDATIONS:

That the Conunission authorizes staff to initiate and conduct public fact gathering to amend interim IFS.

MOTION: (MiikelFujiwara) To approve the submittal. UNANIMOUSLY APPROVED.

Chainnan Young stated that on December 18, 2006 the Budget will be announced. He stated that DLNR asked for and received $650,000 last year. In the Biennium Budget DLNR is asking for and it is included in the Executive Budget more than what was asked for last year. .

The meeting adjourned at 9:40 a.m.

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Minutes December 13,2006

H. NEXT COMMISSION MEETINGS (TENTATIVE)

1. February 21,2007 2. March 21, 2007

Secretary

APPROVED AS SUBMITTED:

!AI. (2. IL -.J~ LD;~NO 1" Acting Deputy Director

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LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A FRAZIER NEAL S. FUJIWARA • CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A WHALEN

DEAN A NAKANO STATE OF HAWAII AtnNG DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

STAFF SUBMITTAL C1

for the meeting of the COMMISSION ON WATER RESOURCE MANAGEMENT

January 24, 2007 Honolulu, Oahu

Water Resources International, Inc. APPLICATION FOR AFTER-THE-FACT WELL CONSTRUCTION / PUMP INSTALLATION PERMITS Hapuna 4 Well (Well No. 6047-05) Well Construction: 12-inch Casing Diameter, 760-ft Deep Well ~tiftif) IBstaUatioll. 458 gpm fOi hligatisB lise' TMK 6-2-001:051, Hawaii

DRILLER: WELL OWNER / LANDOWNER: Water Resources International, Inc. Mauna Kea Properties, Inc. 1100 Alakea Street #2900 62-100 Kaunaoa Drive, 9th floor Honolulu, HI 96813 Kamuela, HI 96743

SUMMARY OF REQUEST: {}#\ The applicant is requesting approval ofAtfter-the-fact well construction aQ,Q PUAiIp • ,Htstal1atlsl'l penniy'f0r the Hapuna 4 W~ll (Well No. 6047-05) that was drilled on August 14,2006.

DESCRIPTION:

Location: (See Exhibit 1) Dimensions: (See Exhibit 2)

BACKGROUND:

On October 20, 2006, Blaise Clay and Howard Akagi of Water Resources International, and Tom Nance of Tom Nance Water Resource Engineering, met with staff to submit an after-the-fact well construction and pump installation permit. At that time, Mr. Nance indicated that a well was drilled but no permits were obtained. Staff was unaware of this well prior to the meeting. Mr. Nance explained that an application was filled out but never submitted to the Commission on Water Resource Management (CWRM), and that the well was constructed by the driller under the assumption that permits were obtained.

Item C1 , ' o o Staff Submittal January 24, 2007

WATER AVAILABILITY:

Waimea Aquifer System of the W. Mauna Kea Sector Estimated Sustainable Yield: 24 mgd Current Aquifer System Pumpage (12-MA Vas of 12/06): 9.937 mgd Proposed Use: 0.650 mgd., Irrigation

ISSUES/ANALYSIS:

Violation

HAR §13-168-12(a) states that:

No well shall be constructed, altered, or repaired and no pump or pumping equipment shall be installed, replaced, or repaired without an appropriate permit from the commission.

Staff considers the ~nstruction of the well and the jnstaJJation oftbe pump-to be.twQ... ~violation~ Refer to Exhibit 3 for a summary of the penalty calculations. 0.. In accordance with penalty policy G-O 1-0 1, the finding of a violation is a minimum of $250. Waimea is not a water management area, so there is no added component for WMA violations. Water Resources International (WRI) has not had past violations with the CWRM so there is no added component for repeat violations. Staff does not recommend a gravity component. Because WRI came in on their own volition, staff is recommending a mitigative component of $50 per yjoJatjQ&.

Further, the submission o~er-the-fact well construction aad pump mstallatieft permit~ constitutes compliance within the 30 days which, according to G-OI-01 can reduce the total duration of the violation to 1 day. ~ Therefore, staff is recommending that WRI be fined j400 for wro violations at $200 per violation. '*" ruJ () Potential impacts of well

Agency Review: Copies of the application were sent to the Department of Health's Safe Drinking Water and Wastewater Branches. Additionally, notice of the application was published in the December 2006 bulletin. No comments or concerns were indicated.

There are six other wells within a mile of the proposed well. No adverse impacts to water resources are anticipated from pumpage of this well based on pump test results.

RECOMMENDATION:

That the Commission:

A. Find Water Resources International in violation ofHAR §13-168-12(a).

2 . · ' .. o Staff Submittal January 24, 2007

~'),Oo B. Impose a fine of.$4etron the driller as summarized in Exhibit 3 payable within 30 days.

C. That the Commission approve the issuance of~ell construction and pwnp i.u.itallatien permi~or the Hapuna 4 Well (Well No. 6047-05), subject to the standard conditions in Exhibits 4 & 5, and the following special conditions:

1. The well should not be used for drinking water unless it is properly tested and treated. 2. If potable water is used to supply both domestic and irrigation purposes in a single system, the permittee 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. 3. That the permits will be issued after the fine described in Item B is paid by the applicant.

D. Suspend any current, pending or future applications by the driller until the fines are paid and the driller completes the permit process for this well.

Respectfully submitted,

DEAN A. NAKANO Acting Deputy Director

Exhibit(s): 1. (Location Map) 2. (Well As-Built) 3. (Penalty Calculations) 4. (Standard Well Construction Permit Conditions) 5 (Standara Pl:1lBI' 11lsb!llation Pennit ConditioIis)

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Hapuna 4 Well Well No. 6047-05 1 MILE RADIUS

~ ••. ,,;>4., •• ~:":""'."·7~'·~·;' ~ ~?c.~ , ~~. / .....

ISLAND OF HAWAII lOYAL -1411 MCID HYDIIOt.OCIIC ...... "I'IIId/,..".'eo.

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EXHIBIT 1 $oIIdc.tng; ~ '". ~ 1EIW..... UWI!IwJ) I..IiIICJII; 725 I. ___ ~ 12 lit WII~: 3/8 .. ec.m 9w4IIion: t6 • ,59 ft.. filii

Openc.ing: IJ~ o IiIiCMen ~ 4;2 ft. -f~ / MoIWnIII CllMIeW: 12 ill. i ' I WII~ ,5716 1ft. 8oIIom IiIIwfon: -33.41 ft. ••

0penH*: l.AInfI\; __H..;.I_A ______1.

~ lit .f.~., •.,_.· ...•.•.•. .. ,.~ -...... ,•.••. ~ •. , -.....,,~ •••.", .. ,.,. .•. .)" 8OIIOIn EIIwatiCIn: ft. ... So!id CeIM..,..,... '*'*' ..... CIOIIIIlIiM wIIh (cfIM:CIIW(II'.ftIIW): c AHSII!I.WNA C200 "N'I es-. .. 0 ASnu,53 )CASltU.13e Am ...... ~IIN(II'aIMI): 1:1 A$T¥Aa~ Of MIlS 0 1We Ii g l)pe S JC GradeS ,,0Itwr ...... (cIIIdfOfllt): 0 ASTMAG(pI!iiIIIdiQn MIll) 0 ASN Aatt __weIII} MI...... , ___•• A6'WF40MdASl'M 01$27: (dIIak_ o8d!edule<40 0""'" 10 PVC fIIfIIIIc ...... , lOAS'rM NIO_ (ItI$T¥ D1716«A.SJM t),f.kf): (iNd'0fIIt): Q ...... 40 tJ SdIedIM eo g ~ 120 ...... ~(dHClCll4lt} a fI'IIINnt ....Retin PIpft 'I fJI •• klA81'Iot DIM o~ OMI .... PIpit __•• AS'fU D2I8'I' o ~fIIeIIc ...... ,...... toAS'fU DliS17 a .... Fk _'fII.o ___ ~'" OIlIIfIImIlIlOIO/lWtllAC050 o Pln ~ T.... COI1I'oIIninCI.ASTM ()3.2M tJ PEP ~ 'NliIlO--*. toAS'fU 032M QaaCMiM...... ,: cadIoIta..: COI'IJIIIIM. (dIU: lIN 0I1111n); 0 ~C200 tl N'I __ " 0 ASTN An )(AST¥A13t MtJ~wIh {c:MCi GIlt • .".,: 0 ASN AM Of NJOIS CI T,pe E 0 T,pe S JC Ontde 8 0 o:ctw ...... e.t:(dlIHIfrCll4lt}: oMnolIMt(prO'OIG,ullllt_ oABTMA31t(mlri.orWlf) AU ..... _.ftlll!lO.A6'W F40_ ASTM 01U7; (c:tJIctont) 0 SclIIIduIIe 40 0 ~ 110 PVC""'" ()OI"s10 A$TlA F..ceo.., (M'IM Ot7fS Of( AST¥ ota41): ~ 0fIIt): 0 ScMdIlit 40 c SdIIcI!AI8I 0 SchIIcIuIIJ 120 ~~:~0fIIt) c ...... WrAnI-.,.COI ...... MnlD11i116 o ~ OMI AllIn PIpit CIIII1faIIIIiI •• ASTM Dnf7 o RfIinfcIrOId PI\nIIc MorIIr""""'fIIpe COl ...... to"'" Dla$f1 I:) 0IIm ft_ ~ AMia ....PlpftCOllfCmllllgtol4NWA ceeo C PTFi AIIOI'o c:a ill on TI.tIIIIIg ...... ASN 1»20$ o PeP ~ 'fI.tiIagwlai..... loASTM D32$I$

EXHIBIT 2 As Built Well Section A B C o E F G H J K L M N o p Q R UAIL Y I-INt:~ LJUKA IIUN III N

l~~~i,~"a, ,,.., I~~U""'" 30 Total ,Subtotal fine ."".. ". 'g' .... litem I~::~:n lin ~~:~n IGravity iTOTAL DAILY Total Days Idays 'duration of """'''''''''' No. of ~~:~otal 1~"'~~'..'.""vll End date Tolled INo. !~ I~' ""'". iStartdate INo. of days ~ Iviolation ~~~ident .incidents

Well $250 $5Q $200 81,4/200b 0 67 yes J t200 1 $200 ,- .v,IOT II""" D "~nn, 't'mn .. ~)y,

..L.

IVIAI I-INt:;:, ~uu

NOTES A Item No B Description - description of the violation, see submittal text for specific rules violated C Finding of violation (min. $250) - where there is a violation, there is a minimum daily fine of $250 o Occurring in VVMA (min. $250) - When the violation is in a deSignated Water Management Area, there is a minimum additional daily fine of $250 E Repeat violation (min. $250) - When the violator has committed violations in the past, there Is a minimum additional daily fine of $250 F Gravity component - allows for the increase of the daily fine G Mitigative component - allows for the decrease of the daily fine H TOTAL DAILY FINES - the sum of the values in columns C through G I Start date - the date where calculation of daily fines begins (date of notice of violation, or permit approval, or permit fully signed, or violation occurred, or CWRM order) J End date - the date of the end of the violation or latest CWRM meeting or completed permit application K Days tolled - the amount of days that are tolled, to be subtracted from the total duration of the violation L No. of days - calculated between start and end dates and subtracting the tolled days M Compliance within 30 days (yes/no) - if the applicant complies with the Commission staffs notice of violation requirements within 30 days N Total duration of violation - if there was compliance with staff notice of violation within 30 days, the duration shall be one (1) day. If there was no compliance with staff notice of violation within 30 days, the duration shall be the total days of the violation. However, gravity circumstances can increase the total days even if the 30 day compliance is met. o Altemate settlement (yes I no)- an alternate settlement In lieu of the daily fine was recommended P Subtotal fine for one incident - per incident fine Q No. of incidents - of violation that occurred for this investigation R Subtotal fines - the subtotal of fines, calculated by multiplying (per incident fine) • (no. of incidents)

EXHIBIT 3 " o

STANDARD WELL CONSTRUCTION PERMIT CONDITIONS

In accordance with De~artment of Land and Natural Resources Commission on Water Resource Management's Administrative Rules.. Section 13-168]. entitled "Water Use Well; and Stream Diversion Wor~";..this document permits the constructlOn and testing or Hapuna 4 Well (We1 I No. 0047-05) at address, Hawaii 1M1\.. 6-2- UOl:051, subject to the Hawaii Well Construction & Pump Installation Standards (February 2004) which include but are not limited to the foIlowmg condltlOns: 1. The Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 968q?r.­ shall be notified, in writing: at least two (2) weeks tiefore any work lD.' this permIt commences and SUlII shall be allowed to inspecf mstallation activities in accordance with ~ 13-168-15, Hawaii Administrative Rules. 2. The well construction permit shall be for construction and testing of the well only. A minimum one­ inch diameter monitor tube shall be permanently installed~ in a manner accepU\bfe to the Commission, to accurately record water levels. The permittee shall coord mate with the Commission and conduct a pump'ing test in accordance with the attached Aquifer Pump Testi)!2 Procedure (attached). The permittee shall submit to the Commission the test results as a basis tor supporting an application to mstall a permanent pump and withdraw water for use. No permanent pump mayoe installed until a pump installation permit is approved and issued by the Commission. 3. 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 oasal ground water unless otherwise authorized by the Chairperson. 4. 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 cfeared areas as soon as pOSSIble. 5. In the event that subsurface cultural remains such as artifactshburials or concentrations of shells or charcoal are encountered during construction; the ~ermittee s all stop work and contact the Department's Historic Preservation Division \587-U045) immediately. 6. The pronosed well construction shall not adversely affect existing or future legal uses of water in the area, including any surface water or established in stream flow standards. This permit or the authorization to construct the well shall not constitute a determination of correlative water rights. 7. The following shall be submitted to the Commission within sixty (60) days after completion of work: a. Well comp,letion report, (attached - Part I, Well Construction Report). b. Elevation (referenced to mean sea level, msl) survey by a Hawaii-licensed surveyor. c. As-built sectional drawing of the well. d. Plot plan and map showing the exact location of the well. e. Complete pumping test recor9s, including time, pumping rate, drawdown, chloride content, and other water quahty data. 8. The permittee shall comply with all applicable laws, rules, and ordinances. 9. The well construction p'ermit ~pplication is incolJ)Orated into this permit l;>y reference and is subject to the Hawaii Well Construction & Pump Installation Standards (January 23, 1997; HWCPIS)' If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on tbe property may result. 10. The penn it may' be revoked if work is not started within six (6) months after the date of approval or if worK is suspenoed or abandoned for six (6) months, unless otherwise sp,ecified. The work proposed in the well construction permit app'lication shall be completed within two"(2) years from the date of permit aD-proval, unless otherwise specified. The permit may be extended by the Commission upon a showing of good cause and good-faith performance. A request to extend the P,ermit shall be submItted to the Commission no later than three (3) months prior fo the date the permit expires. If the commencement or completion date .is not met, the Coml)1ission may revoke the permit after giving the permittee notice of the proposed actIon and an opportumty to be heard. II. If the well is not to be used it must be properly capped. Ifthe well is to be abandoned then the applicant must I;lPply for a well abandonment permit in accoraance with §13-168-12(f) prior to any well sealing or pluggmg work.

12. The permittee: its successors and assigns shall indemnify~ defend, and hold the State of Hawaii harmless frility, claim, or demanq lOr Pt:..Qperty damage, personal injury, or death ansmg qut of apy act or. omIssIon of the app!lcant, asSlgpS, OtlIC~rs, employees, contractors, and agents under thIS permIt or relatmg to or connected WIth the granling of thIS permIt. 13. The well construction permit application and staff submittal approved by the Commission at its January 24, 2007 meeting are incorporated into the permit by reference.

EXHIBIT 4 ... -- " o

STANDARD PUMP INSTALLATION PERMIT CONDITIONS In accordance with Department of Land and Natural Resources, Commission on Water Resource Management's Administrative Rules, Section 13-168, entitled "Water Use, Wells, and Stream Diversion Works", this document permits the pump installation for Hapuna 4 Well (Well No. 6047-05) at address, Hawaii, TMK 6-2-001:051, subject to the Hawaii Well Construction & Pump Installation Standards (1/23/97) which include but are not limited to the following conditions:

1. 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 10 accordance with § 13-168-15, Hawaii Administrative Rules. 2. The pump installation permit shall be for installation of a 450 gpm capacity, or less, pump in the well. 3. The permittee shall provide and maintain an approved meter or other al?propriate means for measuring and reporting withdrawals and water levels, and appropnate aevices or means for measuring chlondes and temperature. These data shall be measured monthly and reported to the Commission on monthly basis, on forms provided by the CommissIOn (attached), 4. The proposed use shall not adversely affect existing or future legal uses of water in the area, including any surface water or established in stream flow standards. This permit or the authorization to pump water from a well shall not constitute a determination of correlative water rights. The permittee is notified and by this provision understands that the quantity of water taken from the well could be reduced by the Commission in the future. This permit is not a commitment that the pump capacity permitted here or even some lesser amount is guaranteed in the future. 5. The applicant shall complete and submit as-built drawings and Part II - (Permanent) Pump Installation Report of the Well Completion Report (attached) to the Commission withm sixty (60) days after completion of work. 6. The applicant shall comply with all applicable laws, rules, and ordinances. 7. The pump installation permit application and staff submittal approved by the Commission at its January 24, 2007 meeting are incorporated mto the permit by reference. 8. The permit may be revoked if work is not started within six (6) months after the date of approval or if work is suspended or abandoned for six (6) months, unless otherwise specified. The work proposed in the pump installation permit application shall be completed within two (2) years from the date of permit approval, unless otherwise speCified. The permit may be extended by the CommiSSion upon a showing of good cause and good-faith performance. A request to extend the permit shall be submitted to the Commission no later than three (3) months prior to the date the permit expires. If the commencement or completion date IS not met, the Commission may revoke the permit after giving the permittee notice of the proposed action and an opportunity to be heard. 9. If the well is not to be used it must be properly capped. If the well is to be abandoned then the applicant must aprly for a well abandonment permit in accordance with § 13- 168-12(f) prior to any weI sealing or plugging work.

10. The permittee, its successors, and assigt!s shall indemnify, defend, and hold the State of Hawaii harmless from and against any loss, hability, 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.

-EXHIBIT 5'" _MISSION ON WATER RESOURCE MANAGEMEN" oA _ h. A ROUTE SLIP FOR PERMIT ISSUANCE 119/07 FROM:_-4~_....IC-----=-__ DATE: 9/ J5/o1 SUSPENSE DATE: PLEASE:

CHING, F. IMURA'I' Approval See Me -DANBARA, S. -- KAMA,L. --Signature -1-Review & Comment --FUJII,N. AKANO, O. -3-lnformation --Take Action ~HAROy,R. OHYE, M. --Type Draft -r-HOAGBIN, S. fi SAKOOA, E. -2-Type Final -ICE,C. ~--SWANSON, S. -4-File -4-IMATA, R. --UYENO,D. --Xerox __ copies ==KIMURA,J. --YODA,K. :=YOSHINAGA, M.

WELL NUMBER . ~ 0<1 1 '" b 5 WELL NAME --kb

ATIACHMENTS FOR WELL CONSTRUCTION PERMIT: 1 COVER LETTER 2 PERMIT (2x) - COMMENTS: 3 SOWB 4 WWB 5 CWS TO BE SENT TO APPLICANT 6 HEER 7 LO 8 HP 9 OCCL 10 SMA FOR OFFICE USE ONLY

o PUMP INSTALLATION ~ ~yn'JS/~

ATIACHMENTS FOR PUMP INSTALLATION PERMIT: 1 COVER LETTER t/tV'h#V1 T 2 PERMIT (2x) COMMENTS: 3 SOWS 4 WWB LD~ Evv 5 CWB TO BE SENT TO APPLICANT 6 HEER 7 LD 8 HP 9 OCCL f (f· 10 SMA FOR OFFICE USE ONLY o o LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHALEN

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

February 12,2007 6047-05.piploa Mr. Milton Nakagawa Mauna Kea Properties, Inc. 62-100 Kaunaoa Drive Kamuela, HI 96743

Dear Mr. Nakagawa:

Letter of Assurance for Well No. 6047-05

We have completed the review process for your Pump Installation Permit application and the permit is ready to be issued. However, in accordance with the State Water Code, § 174C-84(a), the permit can only be issued to a licensed contractor and to date one has not been identified for your well.

Once you have selected a licensed contractor, please have the contractor sign and return to the Commission a copy of the original application, upon which a permit will be immediately issued provided that the following conditions are met:

1. The contractor has no outstanding issues with the Commission. 2. There are no significant changes to the application. 3. There have been no significant changes to applicable laws, rules or regulations since the application date. 4. There have been no significant changes to hydrogeologic conditions since the application date.

Also, attached for your information are copies of comments from reviewing agencies.

If you have any questions, please contact Ryan Imata of the Commission staffat 587-0255 or toll-free at 974-4000 (Hawaii), 274-3141 (Kauai), 984-2400 (Maui), or 1-800-468-4644 (Lanai & Molokai), extension 70255.

Sincerely, wrH W.ROYHARDY Hydrologic Program Manager

RI:ss Enclosure o LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A WHALEN

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

February 12,2007 6047-05.cwc Mr. Milton Nakagawa Mauna Kea Properties, Inc. 62-100 Kaunaoa Drive Kamuela, HI 96743 Dear Mr. Nakagawa: Certificate of Well Construction Completion for Well No. 6047-05 We are pleased to inform you that the Well Construction work permitted for the Hapuna 4 Well (Well No. 6047-05) is complete and acceptable. 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) prior to any well sealing or plugging work. 4. In the event that the well operator and/or landowner changes, the Commission shall be notified of the change prior to the change, and all forms shall be transferred to the new owner. 5. In the event the benchmark in the concrete base of the well is altered in any way, an updated elevation survey (page 5 of the Well Completion Report Part I) shall be submitted to the CommIssion. The Well Completion Report Part I can be obtained by contacting staff or at www.hawaii.gov/dlnr/cwrmlforms.htm Because groundwater in Hawaii is a public trust, and adverse effects at one well may affect other water resources, any violation of the above conditions, or any other provision of the Hawaii Administrative Rules, may be subject to fines of up to $5,000/day. The CommiSSIon needs your help and asks that you to do your part in utilizing this shared resource. We prefer to work with you in meeting the goal of protectmg our ground water resources together. If),:ou have any questions, please contact Ryan Imata of the Commission staff at 587-0255 or toll-free at 974-4000 (Hawaii), 274-3141 (Kauai), 984-2400 (Maui), or 1-800-468-4644 (Lanai & Molokai).

Sincerely, w:rH W.ROYHARDY Hydrologic Program Manager

RI:ss c: Hawaii Department of Water Supply Water Resources International .. \ o I LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHALEN

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

February 12,2007 Ref: 6047-05,wcp

Mr. Blaise Clay Water Resources International, Inc. 1100 Alakea Street, Suite 2900 Honolulu, HI 96813

Dear Mr. Clay: After-the-Fact Well Construction Permit Hapuna 4 Well (Well No. 6047-05) Enclosed are two (2) copies of your approved After-the-Fact Well Construction Permit for the captioned well(s) that authorize well construction activities but excludes installation work for a permanent pump. As part of the Chairperson's approval, the following special conditions were added and are part of your permit under Permit Condition 13:

Special Conditions 1. Attached for your information are copies of the Department of Health's (DOH) review comments. Please note DOH's requirements related to discharge of emuent from well drilling and testing activities. Please refer to the Permit Processes Worksheet (transmitted with your acknowledgement letter) for further information regarding the process of drilling a well and installing a pump. No withdrawal of water shall be made other than for testing purposes until a certificate of pump installation completion has been issued by the Commission. Please sign both permit originals and return one for our files. For copies of the aquifer pump test worksheet, please call staff or visit www.state.hi.us/dlnr/cwrmlforms.htm. IMPORTANT - Drilling work shall not commence until a fully signed permit is returned to the Commission. The permit shall be prominently displayed or made available at the construction site during construction. Be advised that you may be subject to fines of up to $5,000 per day for any violations of your permit conditions starting from the permit approval date. This letter is also notice that we accept your Well Completion Report Part I as complete on January 24,2007. If you have any questions, please call Ryan Imata of the Commission staff at 587-0255.

Sincerely, Wf7H 1't Peter T. Young Chairperson

Enclosures c: Mauna Kea Properties, Inc. (with applicable comments - DOH SDWB, WWB, CWB) USGS HawaiiDWS .. o e WELL CONSTRUCTION PERMIT Hapuna 4 Well, Well No. 6047-05 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 Hapuna 4 Well (Well No. 6047-05) at TMK 6-2-001:051, Hawaii, subject to the Hawaii Well Construction & Pump Installation Standards (HWCPIS - February 2004) which include but are not limited to the following conditions:

1. The ChaifQerson 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. 2. This permit shall be prominentiy 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 apumping test in ac.cordance with the HWCPIS (the latest rump test worksheet can be obtained by contacting Commission staff or at www.hawaii.gov/dlnr/cwrm/forms.htm). The permittee shal submit to the Chairperson the test results as a basis for supporting an application to install a permanent pump. No permanent pump may be mstalled until a pump installation permit is approved and issued by the Ch8lrperson. 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. 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' Division of Historic Preservation. 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 instremn 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/cwrmlforms.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 any related staff submittal approved by the Commission are incorporated into this permit by reference. This permit is also subject to the HWCPIS. If the HWCPIS are not followed and as a consequence water is wasted or contmninated, a lien on the property may result. Any variances from the HWCPIS shall be approved by the Chairperson prior to invoking the variance. 11. 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. . 12. If the well is not to be used it must be properly caf:,ped. 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- 2(f) prior to any well sealing or plugging work. 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 dmnage, 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. This permit shall apply to the location shown on the application only. If the well is to be relocated, the permittee shall apply for a new well construction/pump installation permit In accordance with Hawaii Administrative Rules §13-168-12(f). 15. Special conditions in the attached cover transmittal letter are incorporated herein by reference.

Date of Approval: January 24, 2007 PETER T. YOUNG, Chairperson Expiration Date: January 24, 2009 Commission on Water Resource Management

I have read the conditions and terms of this permit and understand them. I accept and agree to meet these conditions as a prerequisite and underlying condition of my ability to proceed and understand that I shall not commence work until I have signed, dated, and returned the permit to the Commission. I understand that this permit is not to be transferred to any other entity. I also understand that non-compliance with any permit condition may be grounds for revocation and fines of up to $5,000 per day starting from the permit date of approval.

Driller's Signature: C-S7 License #: -=:.....=...:....:...::...:.....----C-17737 Date: Water Resources Printed Name: Blaise Clay Firm or Title: International, Inc.

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

Attachment Ctt..ISSION ON WATER RESOURCE MANAGEMEN" oA8~TE SLiP FOR PERMit IS§OANtE 1/910 I

FROM: __~.I.-~.~Mr"'-IL __ OATE: __t-/--'''lr''--5:----- SUSPENSE DATE:

PLEASE:

CHING, F. KUNIMURA,I. Approval See Me -DANBARA, S. -- ~AKAMA, L. -Signature -1-Review & Comment -FUJII,N. -3-lnformation --Take Action -1-HARDY, R. 1~~~~~:D. ~ --Type Draft -2-HOAGBIN, S. SAKODA, E. -2-Type Final -ICE,C. ==SWANSON, S. -4-File -4-IMATA, R. ~ UYENO, D. -Xerox __ copies =:KIMURA, J. --YODA,K. ==VOSHINAGA, M.

WELL NUMBER ~ t) '-l1 ,.0(" WELL NAME __{,--~_+-v_V"\_tl\.---=_...:...f\-_Y--:... ____

~ha CS f- TO BE SENT TO APPLICANT ~~ ~~7 FOR OFFICE USE ONLY ~ "lPP"1 rJ. ~T?!-?

ATTACHME IT~.j;QI~'Ji 1 COVER LETTER ~t~ ~K ~~ 2 PERMIT (2x) COMMENTS: 3 SDWB ("vIA.fL.v (2e f Ol)YO' .5 ~. 4 WWB 5 CWB TO BE SENT TO APPLICAN 6 HEER (0/\1' '\ 7 LD 8 HP 9 OCCL 10 SMA ( CVIvS WIA. ~ \, ~ _~ FOR OFFICE USE ONLY c,M'\ \ ~ pkJ fl,...L. ~~ ~y w(,(>.

~ ~'( $~'J hs:./llv<-y ( k I.l~~h~,

O.~ \ -c DEP&ENT OF LAND AND NATURAL RESOURC_ DOCUMENT Nt, .. UAC OR ATTACHED WORKSHEET DATE : Fe b ruary 5 , 2007 SRC/ COST F YR APP D OBJ CTR PROJECT PH ACT AMOUNT NAME/DESCRIPTION (WANG INPUT) S 07 326 C 1564 0752 (1 ) 200.00 Water Resources International, Inc. (2) (3) (4) (5) (6) (7) (8) (9) (10)

TOTAL $ 200.00

REMARKS: LINE (1) Fines for Well No. 6047-05 (Hapuna #4 Well) LINE (2) LINE (3 LINE (4) LINE (5) LINE (6) LINE (7) LINE (8) LINE (9) LINE (10) • o e WATER RESOURCES INTERNATIONAL, INC. LETTER OF TRANSMITTAL 1100 Alakea Street, Suite 2900 Date: February 1, 2007 I WRI.Mt~rvEO Honolulu, Hawaii 96813 Tel: (808) 531-8422 Fax: (808) 531-7181 RE: Hapuna Irrigation Well Nt. 4 ~o , 8 Q • I 7 U • TO: Commission on Water Resource Management Ouli, South Kohala, Hawaii 'L.U ... • P.O. Box 621 ,-.Uf',:lT~~l\)N un \.v"~' U~ Honolulu, Hawaii 96809 /'".. r" ,'" If'r"!','" r, r"'~ If' ,T 1 'I ,,~ \\) ~ .. I~_ " , , . , Tel: 808-587-0225 ATTN: Ryan Imata

LADIES AND GENTLEMEN: WE ARE SENDING YOU I:8J Attached 0 Under separate cover via ______the following items: o Shop Drawings 0 Prints 0 Plans 0 Samples 0 Specifications o Copy of letter 0 Change orderD Other

COPIES DATE NO. DESCRIPTION 1 01-30-07 1 pg. Copy of Notice of Commission Action - Hapuna #4 Well (Well No. 6047-05) 1 01-31-07 WRI Check No. 35765 in the amount of $200.00

THESE ARE TRANSMITTED as checked below: D For approval D Approved as submitted D Resubmit __ copies for approval I:8J For your use D Approved as noted D Submit copies for distribution D As requested D Returned for corrections D Return corrected prints D For review and comment D ______D FOR BIDS DUE. ______D PRINTS RETURNED AFTER LOAN TO US

REMARKS

COPY TO WRI Job File SIGNED ~ K.scoJ:t Blaise Clay, VP-Drilling Operations Leslie Scott Tom Nance, Executive Assistant Tom Nance Water Resource Engineers I If enclosures are not as noted, kindly notify us. ~ 1 1 :1 ------808 587 0219 TO:808 5317181 JAN~30-2007 13:09 FROM:DLNR CWRM o , o

L1NOA LINGlE PETER T YOUNG QOYBRNOK tw "AWAII ~tRaoto

MEREDITH J. CHIHC JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L FUKINO. M.D. LAWRENCE H MIII(E, MD. J 0 \1 ('I~ IIJ~,Tf:~ STEPHANIe A WHALEN COt'2\;\\S(t!~; "'J:. (~E~,Eil\T STATE OF HAWAIRfSt1 h,._., ,', DEPARTMENT OF lAND AND NATURAL RESOURces COMMISSION ON WATER RESOURCE MANAGEMENT PO BOX021 HONOlULU, HAWAII 96809

January 30, 2007 Ref: 6047-05.l1ct Mr. Blaise Clay Water Resources International 1100 Alakea Street. #2900 Honolulu, HI 96813 Dear Mr. Clay: Notice of Commission Action Hapuna #4 Well (Well No. 6047-05) This letter serves as your ofticial notice of action taken by the Commission on Water Resource Management (Commission) on the subject application. By a unanimous vote of the Commission at their meeting on January 24, 2007, the Commission:

A. Found Water Resources International in violation of HAR §13-168.12(a). B. Imposed a fine of$200 on the driller as summarized in Exhibit 3 (amended) of the submittal payable within 30 days. C. Approved the issuance of an after-the·fact well construction permit for the Hapuna 4 Well (Well No. 6047-05), sUbject to the standard conditions in Exhibit 4 of the submittal, and the following special conditions: ]. The well should not be used for drinking water unless it is properly tested and treated. 2. If potable water is used to supply both domestic and irrigation purposes in a single system, the permittee 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. 3. That the permit will be issued after the fine described in Item B is paid by the applicant. D. Suspended any current, pending or future applications by the driller until the fines are paid and the driller completes the permit process for this well. We will issue both the well construction and pump installation permits once the fine is paid in full. If you have any questions, please contact Ryan Imata of Commission staff at 587-0255.

Sincerely, WfiH ~ DEAN A. NAKANO Acting Deputy Director

RI:ss o /

LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHALEN

DEAN A. NAKANO STATE OF HAWAII ACTING DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

January 30, 2007 Ref: 6047-05.act Mr. Blaise Clay Water Resources International 1100 Alakea Street, #2900 Honolulu, HI 96813

Dear Mr. Clay:

Notice of Commission Action Hapuna #4 Well (Well No. 6047-05)

This letter serves as your official notice of action taken by the Commission on Water Resource Management (Commission) on the subject application. By a unanimous vote of the Commission at their meeting on January 24,2007, the Commission:

A. Found Water Resources International in violation ofHAR §13-168-12(a).

B. Imposed a fine of $200 on the driller as summarized in Exhibit 3 (amended) of the submittal payable within 30 days.

C. Approved the issuance of an after-the-fact well construction permit for the Hapuna 4 Well (Well No. 6047-05), subject to the standard conditions in Exhibit 4 of the submittal, and the following special conditions:

1. The well should not be used for drinking water unless it is properly tested and treated. 2. If potable water is used to supply both domestic and irrigation purposes in a single system, the permittee 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. 3. That the permit will be issued after the fine described in Item B is paid by the applicant. D. Suspended any current, pending or future applications by the driller until the fines are paid and the driller completes the permit process for this well. We will issue both the well construction and pump installation permits once the fine is paid in full. If you have any questions, please contact Ryan Imata of Commission staff at 587-0255.

Sincerely, W.f7f7 1't DEAN A. NAKANO Acting Deputy Director

RI:ss o

LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON .', MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA ,,~.l 2 CHIYOME L. FUKINO, M.D. rlt .. p 2: 3 ~ 17 J LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A WHALEN

DEAN A. NAKANO f'O'\lJ\jl{'f:V\\} f'ii \).WiFr STATE OF HAWAII ACTING DEPUTY DIRECTOR \j ~l·;~'.i»;'.\.;'\ \:\:l~~):i~~T OF LAND AND NATURAL RESOURCES ~;f-~Jy.~;,,·!:oOMMISS.,'6;.j'ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

November 15,2006

...... c:::> -"j =cr- . TO: Russell Tsuji, Administrator --. ~ .. % ... :'" ::0 Land Division (;:::J <: .:5~ .~.... C:JrTl FROM: Dean A. Nakano, Acting Deputy Director 0- . 1 "';,;, ". <.: Commission on Water Resource Management "::rn U ~CJ 0 SUBJECT: After-the-Fact Well ConstructionlPump Installation Permit Application. Y:J :z Hapuna Well #4 (Well No. 6047-05) TMK 6-2-00] :051 . t..;) c-

Transmitted for your review and comment is a copy of the captioned After-the-Fact 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 December 22, 2006. 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 Ryan Imata of the Commission staffat 587-0255.

RI:ss Attachment(s)

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

[XK A water lease/permit is!!2! 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

[xk Other comments: Original source of private title is Land 'Corrmission Award 8518:B-4 issued between 1845 and 1855.

Contact Person: ____-'G'""a ....r .... y~.uMa ...... r .... t .... i ..... nL.------Phone: 587-0421 / JAN - 2 2007 Signed: 4r Date: ------

------~.. --- 12-08-06 03:32pm From-DOH/Sa h Dr i nWl Wa tar Branch 9085864351 T-811 P.Q01/001 F-037 ~

f'ax#

(;I-II'I'OMto L. FUKINU. tII.D. LAWRENCE H. MilKE. M.D .• J.D. S'TEPHA~IE A. WHALEN

STATE OF HAWAII Df.PARTMEJIIT OF LANe AND NATURAL RESOUfl,CI$ COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX621 HONOLULU. !';AWNI 96809 November 15,2006

TO; Honorable Chiyome L. Fukino, M.D., Director Department of Health Attention: Director's Office Harold Vee, Wastewater Branch Stuart Yamada, Sate Drinking Water Branch Alec Wong, Clean Water Branch FROM: PelerT. Young, Chairperson 11 Commbsion on Water Resource Management SUBJECT: After-the-fact Wen ConstructionfPump lnstallation Permit Application Hapuna. Well #4 (Well No. 6047-05) Transmined for your review and comment is a copy of the captioned After-the-Fact Well Construction!Pump InstaHation permit application.

We would appreciate your comments.on the captiol1ed application for any conflicts or inconsistencies with the programs, plans. and objectives specific: to your deparlment. Please respond by ("eturning tbi~ cO"er memo fOJ'm by December 22. ~006. lfwe do not n:ceive comments or a request for additional review ~irne by this aate, we wilJ assume that you have no comments.

Please find the anacned maps to locate the proposed welt lfyol1 have any questions about this permit application, request additional infonnaliol1, Or requesl additional review time, please contact Ryan Imata of the Commission staff at 587-0255.

RI:ss Attadunent(s) RESPONSE:

[ 1 This w.u q~aliti ... asa soun:" wb;';J: wiU seN. ~. '''.'''00 ofp<>lable wa'etlO a publi.: W8teT~yMel11 (detined as s~i!lG25 or mate people 3llcast 60 days ~T Y.~· or \1.,. IS or .,..,"'" SCl'VJc< cOIUlCctICn.,) a~d ",,,ot r~CCIVe J)i~\Or of II""lth 8pPIVvalllrig I" i.. use to oamplv w;o. kIawaii AdJllinistrnhv< Rules (Hl\lt), Tide 11, Chap'OT20. Rulo::; Ikl"'inll'a Po[abl<: Walo' System><, ~1!-20.29. •

[ ) 1l,;~ well do«> IIO)[ qualify as n ~OUI'I!C sC'l'lrinll a pubJi<; ..:iter SYSlt!\TI (SCf'lCS 1.0<> 1118n 2~ f"'Oj)lc OT mo.. pcopl .. :u \cast 60"lays j'efY",tr (>T 15 service con ••cliOllS) al!

[ J lftltt: wdl is ul'Od \0 supply both l""ablc ~nl~ PUlposcsin Is sin~; l'l'bl. syst~ms by an air I!"P Ot an npflt~\icd llil~knawpr;"""tcr_ and by dc~ l;&bclill~ nil MII- 1>U!3blc ~f1'IIj)[S with warninlt .ilfllS 10 preveut mndv.,1cn; wn~ul)lplion "fnon-pot~('I" "'8lOT. BllCkflow prolVtIltiOTl dlNicc5 s"~uld be TOlililldy ill&p<:e:l

II docs .ul ipp¢ar lh"'llli5 won will be US\:d f

[ I Iim'lllC "Wlican;ls tnf""l11stiQn, a !IO\lTe!' of possib)~ w..sICWIIler cUlltamin",itlll Ilisll ;. 1I0'IQdI~d neaT the propo.;ed well sit", tiafonnatlon 3tlachl;~)

[ ] An N:>OES pennit is RQuin::d.

! ) Otlt~ r

[ J No cOillmenl~Oi)JeC!lODl Contact Person: Stuart Yamada 586-4258 Phone: ------Signed: ----~---;;C7>""'7~-==---4-:---4c.~~-_--- Date:

DEC-08-2006 03:37PM FAX: 8085864351 ID:DLNR CWRM PAGE: 001 R=96% o

LINDA LINGLE RECEIVFD PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA NOV 22 p12' 23 CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHALEN

DEAN A. NAKANO STATE OF HAWI~.\~1ISS\()N mJ W~ TE~ ACTING DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATU~~~iji~ IJ~. r;r. I.lt}iT COMMISSION ON WATER RESOU eWlA'fIfAG~MENr-i l.. \ P.O. BOX 621 HONOLULU, HAWAII 96809 November 15,2006

TO: Honorable Chiyome L. Fukino, M.D., Director Department of Health Attention: Director's Office Harold Vee, Wastewater Branch Stuart Yamada, Safe Drinking Water Branch Alec Wong, Clean Water Branch FROM: Peter T. Young, Chairperson 1 Commission on Water Resource Management

SUBJECT: After-the-Fact Well ConstructionlPump Installation Permit Application Hapuna Well #4 (Well No. 6047-05)

Transmitted for your review and comment is a copy of the captioned After-the-Fact 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 December 22, 2006. 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 Ryan Imata of the Commission staffat 587-0255.

RI: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 11, 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 15 service connections) and if the well water is used for drinking, the private owner should test for bacteriological and chemical presence before initiating such use and routinely monitor the water quality thereafter. However, if future planned use from this source increases to meet the public water system definition then Director of Health approval is required prior to implementation.

[ 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 Regulations.

[ I For the applicant's information, a source of possible wastewater contamination [ lis [ I is not 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 ne":.loc10~' ~ No comments/objections N 0 ~1'f:il.J Contact Person: (}(;JJ?eI t-l.('rol?l.acJa On BII. ~~a22-lq~3 Signed~ ~ On eJ0.f7tA. Date: II .. 2/,-U;O{; \ Nov.20-200S 02: 39pm From-DEPT OF HEALT~VIRONMENTAL ~GMT 8085864352 o T-278 P.OOZ/DOZ F-293 f "'"

LINDA LINGLE; GlWtRNOR OfII'tAVtM MEREDITH J CHING f) JAI\II~$ A. -RAZlfiR NEAl S. FUJIWAIV. CHIYOME L. FUKINO. M D LA\l\lRENCIO H. MUI

November 15, 2

0: Honorable Chiyome L. Fukino. M.D., Direc Or Department of Health Attention: Director'S Office Harold Yee, Wastewater B ncb St!lart Yamada, Safe Drinki 19 Water Branch Alec Wong, Clean Water B anch Peter T. Yoong, Chairperson 11 Commission on Water Resource Manageme 1t

After-the-Fact Well ConstnlctioniPump lnst lIation P~nnit Application Hapuna Well #4 (Well No. 6047-05) Trans11litted for your review and comment is a copy of the captioned After-the·Fact Well onstrllctioll/Plllnp lnstallation permit application.

Pleasc1find the attached maps to locaK the proposed well. lfyou have any questions abollt this Tl1lit applica~ion. request additional information, or reques additional review time, please contact Ryan maUl. of the CCllmmission staffa! 587-0255.

Thi~ wtll q\llIllfiu as u sour..c: whi~h will ;crv to Palable Ware,. Sysl~lI\s. §II 20-29

This well doe. no, ~\lslif)' •• a ~our"" :strving a public WDtcr ~~.t.m (,;er".I~s. II n 25 ptople CO'lnOCT,O,.~) a,ld ,flhe wtll Ware(" usee! for dnnkm~. rhe pnVBI< ownt:,· Shbuld (0 ,n for bacr,(J,.lull.cal a.ld ch~llllcal )ltCls.>lICe b.!fOT$ "!lhau,L!! ~1I~h Ilk a,:cJ l'O'lliu~ly l)lonilar lb. ",alCI' qual it)' :h.:reafior. l1Owcvc,,, iff"I~"c planued usc fro,), ,hi. !>O","" i"cr""",~," '"",,11\'''' p"bho walen-yo.",,, dofinirion 1100" P,tdel~r ntaliQjj

If the Vlcll js u6c:d 10 :S\!ppl~ both polllbl~ and l1on-potabk putpO<;<~ in I ~mlll.: ~)"I • rh" U~« ,;l~,11 eliminate Cf06l!-COllllections s.,d blektlow CO'\I1QC\tO\~ by p~sicaJ\y. 5CpS,rllinll porsble ~nd non-polable 'yir

All NI'D£;> permil I. rQ~itll(\.

O:ha rclCVDIIT DOH rulcsln:gul~riDn~ infomlDtIOr, cr !l'cOmm~ndllliDlI& ar.: alInel

In I\IC tYC'l' 11m the location ofillC well changcs \:)(11 is sriJl Willli'l \l..: pine.:1 doser b.;d otll)lis 8p,.lic&I'01l, Our 4ivi~ion co".iden II..: o.'m~m~ 10 mil be ~jlpl;ci1l)l.> ;111(\ "'~ do nOll~ lolil,ie .. ,h~ 1I~ I~~I;')II.

1 ND ~oITlll\qnro;l0l:VccrllJ! . ontact PerSOT\: fi,-v ~~ Date~ I I NDV-20-2006 02:20PM FAX: 8085864352 ID:DLNR CWRM PAGE:004 R=97% N\I.,v-20-200S 02: 39pm From-DEPT OF HEAL T~V I RONIAENTAL I.tIG~ 9085864352 . ~ T-278 p. 001/002 F-293 I ~. V e'Pat of Health, Clean Water: Branch has the following mments:

ell-Orilling Activities .ray di5cha e to State w.aters of treated process wastewater efflu nt aS50ciated with well drilling activities 'js !gulsted 'Hawaii Administrative Rules. Title 11, Chapter 55, pendh( I, effective 'Septef'!'lber 22. 1997. "reated.pI" ss wastew,ter effluent covered by this general pe it includes well drilling slurries, lubricating uids wast aters, and well purge wastewaters. This general.pe it does not cover well pump testing. The ,ppl1cable uce of Inte~t Forms and fi6ng fee shall be submitted at least thirty (30) days, before the start of li$charge the· Department of Health, Clean Water Branch at 91 Ala Moans Boulevard, Room 30' • ionolulu, wan 96814.-,1920 or P.O. Box 3378, Honolulu, Hawai 96801·3376. Inquiries may be directed to he Clean ter Branch at (808) 586-4309 or by fax at (808) 5 352.

~. ell Pump T~~tin9 !'he cflSch r er shaR t8k'il aft measures necessary to prevent the ischarge of pollutants from entering State IVaters. S rneasuresshall include, If necessary, cqntainment f the initial discharge until th •. dhsch;lfg •. 5 esserrtia I free of pollljltants. If the discharge is entering a stre m or river bed, best management' . ;)facticss nbe implemented to prevent the discharge from dis urbing the clarity of the receiving water. If the disCiha e is entering, s storm drain, the dis¢1arger must obta n written permission frOm the avmer of that storm sin prior to ~isc:harge. Furthermore. best mansgem nt practices shall be implemented to p""ent,. i.charge frqln collecting s.diments and other pallut nts prior to antarlng tie stan'!' drain.

JSlcr I I.

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

NDV-20-200602:19PM FRX:8085864352 ID:DLNR CWRM PRGE:003 R=96~ COM.ON ON WATER RESOURCE MANAGEMENT a ROUTE SLIP FOR NEW APPLICATIONS

FROM: RYAN DATE: 24-0ct-06 SUSPENSE DATE: 31-0ct-06

PLEASE:

CHING, F. ~'AKAMA' L. ~ 1 Approval See Me FUJII, N. AKANO, D. -1-Signature -1-Review & Comment __ GOODING, K.__ __OHYE, M. -3-lnformation Take Action 1 HARDY, R. ~SAKODA' E. : --Type Draft acknow letter --HIGA, D. --SWANSON, S. -- -2-Type Final w/elec.signat., label file folder 2 HOAGBIN, S. UYENO, D. == -4-File ICE, C. YODA, K. Xerox copies --IMATA,R --YOSHINAGA, M.-- --KUNIMURA, 1.- -- --

WELL NUMBER to O'-t "'\ _oS- WELL NAME Hapuna 4 ------o WELL CONSTRUCTION o PUMP INSTALLATION ra BOTH A\"+-- ATIACHMENTS FOR APPLICATION PROCESSING - Both applicant & staff generated 1 TRANS. LETTER 2 PERMIT PROCESS TABLE 1- 3 CWRMMAP 4 APPL. FORM (11 COPIES) =Z 5 USGS MAPS (11 COPIES) l,/ 6 TAX MAPS (11 COPIES) -L-~ 7 PARCEL OWNER VERIF. ~RI~TOUT 8 CONTRACTOR VERIF. DCCA LICENSE SCREEN PRINTOUT 9 ALL INFO FILLED IN 10 BACKGROUND CHECK ~ 11 $25 FEE DEPOSIT SLIP ~ 12 DHP/CDUP/SMA pre·screen v' (SMA map printout http://gis.hicentral.com/website/parcelzoning/viewer.htm.,or INGRID'S SMA/CD MAP) --(LUC map printout http://luc.state.hLus/luc_maps.htm., or INGRID'S SMA/CD MAP) FOLDER:~ MADE NEW FILE FOLDER, ATIACHED • ,1.... I;' CJI) W FILE FOLDER ALREADY MADE, IN FILE CABINET r ' L' £",f4't); ~r t/l ') INCOMPLETE ACTION DATES:

DATE ACTION

G--2 -0 I,. O~ ( V\.'\4 )~~

\ -/v . o o

LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A WHALEN

DEAN A. NAKANO STATE OF HAWAII ACTING DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

November 15,2006 6047·05,ack

Mr. Blaise Clay Water Resources International, Inc. 1100 Alakea Street, Suite 2900 Honolulu, HI 96813

Dear Mr. Clay:

After-the-Fact Well Construction/Pump Installation Permit Application for Well No. 6047-05

We acknowledge receipt, on November 14,2006, of your completed After-the-Fact Well Construction/Pump Installation permit application and filing fee for the Hapuna Well #4 (Well No. 6047-05). You can expect your application to be processed within ninety (90) days from this date.

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 Ryan Imata of the Commission staff at 587-0255.

Sincerely, W/in 1't DEAN A. NAKANO Acting Deputy Director

RI:ss Attachment

c: Mauna Kea Development Corp. Tom Nance Water Resource Engineering o o

LINDA LINGLE PETER T. YOUNG GOVERNOR Of HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A WHALEN

DEAN A NAKANO STATE OF HAWAII ACTING DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809 November 15,2006

TO: Honorable Chiyome L. Fukino, M.D., Director Department of Health Attention: Director's Office Harold Yee, Wastewater Branch Stuart Yamada, Safe Drinking Water Branch Alec Wong, Clean Water Branch FROM: Peter T. Young, Chairperson 11 Commission on Water Resource Management

SUBJECT: After-the-Fact Well ConstructionlPump Installation Permit Application Hapuna Well #4 (Well No. 6047-05)

Transmitted for your review and comment is a copy of the captioned After-the-Fact 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 December 22, 2006. If we do not receive comments or a request for additional review time by this date, we will assume that you have no comments.

Please find the attached maps to locate the proposed well. If you have any questions about this permit application, request additional information, or request additional review time, please contact Ryan Imata of the Commission staff at 587-0255.

RI:ss Attachment(s)

RESPONSE: [ 1 This well qualifies as a source which will serve as a source of potable water to a public water system (defined as serving 25 or more people at least 60 days per year or has 15 or more service connections) and must receive Director of Health approval prior to its use to comply with Hawaii Administrative Rules (HAR), Title II, Chapter 20, Rules Relating to Potable Water Systems, §11-20-29.

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

[ 1 lfthe 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. [ 1 It does not appear that this well will be used for consumptive purposes and is not subject to Safe Drinking Water Regulations.

[ 1 For the applicant's information, a source of possible wastewater contamination [ lis [ 1is not located near the proposed well site (information attached).

[ 1 An NPDES permit is required. [ 1 Other relevant DOH rules/regulations, information, or recommendations are attached. [ 1 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. [ 1 No comments/objections Contact Person: ------Phone: ------Signed: ______Date: o

LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHALEN

DEAN A. NAKANO STATE OF HAWAII ACTING DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

November 15,2006

TO: Russell Tsuji, Administrator Land Division

FROM: Dean A. Nakano, Acting Deputy Director 1 Commission on Water Resource Management

SUBJECT: After-the-Fact Well Construction/Pump Installation Permit Application Hapuna Well #4 (Well No. 6047-05) TMK 6-2-001:051

Transmitted for your review and comment is a copy of the captioned After-the-Fact 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 December 22, 2006. 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 Ryan Imata of the Commission staff at 587-0255.

RI: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.!!.2! required of this applicant.

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

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

[ ] No objections

[ ] Other comments:

Contact Person: ______Phone: ------

Signed: ______Date: ______o o

LINDA LINGLE PETER T. YOUNG GOVERNOR OF HAWAII CHAIRPERSON

MEREDITH J. CHING JAMES A. FRAZIER NEAL S. FUJIWARA CHIYOME L. FUKINO, M.D. LAWRENCE H. MilKE, M.D., J.D. STEPHANIE A. WHALEN

DEAN A. NAKANO STATE OF HAWAII ACTING DEPUTY DIRECTOR DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621 HONOLULU, HAWAII 96809

November 15,2006

TO: Melanie Chinen, Administrator Historic Preservation

FROM: Dean A. Nakano, Acting Deputy Director 11 Commission on Water Resource Management

SUBJECT: After-the-Fact Well Construction/Pump Installation Permit Application Hapuna Well #4 (Well No. 6047-05) TMK: 6-2-001:051

Transmitted for your review and comment is a copy of the captioned After-the-Fact 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 December 22. 2006. 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 Ryan Imata of the Commission staff at 587-0255. 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.

RI: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 permit will not disturb historic sites.

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

Contact Person: Phone: ------

Signed: ______Date: ______~- o

"greg Fukumitsu" To cc "tom Nance" 11/14/2006 10:08 AM bcc Subject Re: Ahualoa Well

Ryan

I checked with Mauna Kea Properties and you're right the landowner is Mauna Kea Development Corporation. Please revise the onwer to this name ..

Thanks

Greg Fukumitsu

»> 11/13/2006 2:52 PM »> No problem. On a different note, re: Hapuna 4, do you know if the TMK 6-2-001:051 is correct? The MLS is showing Mauna Kea Development Corp as the landowner, but the application shows Mauna Kea Properties Inc.

"tom Nance" 11/13/2006 01:45 PM

To cc

Subject Re: Ahualoa Well

thanks - sorry for the screw up

Tom Nance Water Resource Engineering 680 Ala Moana Boulevard - Suite 406 Honolulu, Hawaii 96813

Tel: 808-537-1141/ Fax: 808-538-7757

»> 11/13/2006 10:02 AM »>

Thanks Tom. Permit to be issued right away.

"tom Nance" 11/13/2006 09:38 AM o

To "Ryan (10-06) Imata" cc

Subject Ahualoa Well

Ryan:

Attached is a copy of the Ahualoa Well section. Sorry this didn't get to you the first time around.

Tom

Tom Nance Water Resource Engineering 680 Ala Moana Boulevard - Suite 406 Honolulu, Hawaii 96813

Tel: 808-537-1141 / Fax: 808-538-7757 Search Results o Page 1 of 1

PUBLIC RECORD DATA ... TMK # 3-6-2-1-51 62-3645 QUEEN KAAHUMANU HWY Owner: MAUNA KEA DEVELOPMENT• CORP Tax Payer: MAUNA KEA DEVELOPMENT CORP Tenure: Fee Simple Tax Bill: 62-100 KAUNA'OA DR, KAMUELA, HI 96743 USA Annual Tax: $21,168.09 Assessed Value Exemption Size Buildings: 0 Zoning: A-5A PITT Code: 500 - Land: $2,535,100 $0 842.75 ac Dwellings: 0 Agricultural Total Subdivision: Kawaihae 2nd­ $0 $0 o sq ft Land Use: 0 Buildings: Lanikepu Total: $2,535,100 $0 Lot#: Census Tract: 217.01 SALES 9/17/1990 DEED-M $2,000 Doc 90-143584 WAICOMBER CORP 9/17/1990 DEED-M $2,000 Doc 90-143585 MAUNA KEA DEV CORP

This information has been supplied by third parties and has not been independently verified by Hawaii Information Service and is therefore not uaranteed.

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http://pvl.ehawaii.gov/pvlsearch/app?_a=d&_f=n&lictp=CT&licno=17737&off=&nm=B...ll/1312006 ~-----.~.~. ,-,--- --~~ ---~ ,-~~--~---- ~------~-­ -~ ~- ~--~- ~ ~ ---~- ---~ --- --~------~~----- ~ - -

Well Background Check WeI/ Construction Pump Instal/ation Approved Well No. Well Name Applicant Driller Pump Inst. Type Issued Signed WCR1 Accept Issued Signed WCR2 Accept

6331-02 Ahualoa Hawaii DWS C-17737 C-17737 BOTH

8/1/1991 2983-02 Kapoho PGV MW Kapoho Land & Devel. Co. C-17737 C-16543 BOTH 8/1/1991 10117/1991 811/1991 9/6/1991 2/3/2000 'I 6/24/1998 4203-17 HSDP 2 University of Hawaii [01] C-17737 BOTH 6/29/1998 2/24/1999 ( {. Y·(.Co \ , L ( 717/2003 1805-15 Kalaeloa Basalt Honolulu BWS C-17737 BOTH 7/10/2003 9/212003 1/25/2005 1/25/2005 ( ( I CC"Vl ceA

9/27/2003 2858-04 Mililani 1150 Dee Castle & Cooke C-17737 AC-05058 BOTH 10/15/2003 10/21/2003 10/6/2005 11/3/2005 11/18/2005 1211512005 212412006 2/28/2006

5/18/2004 0222-02 Lihue-Hanamaulu State DLNR C-17737 WE.LL 5/19/2004 8/16/2004

6/30/2004 1752-02 Honolulu District Honolulu BWS C-17737 WELL 7/1/2004 7/2/2004 1/25/2005 1/25/2005

6/30/2004 3088-01 Makuu State DHHL C-17737 BOTH 7/19/2004 1/28/2005 1/12/2006 1/12/2006 ~ ~le/~ Cl f-O r;\~ <; Vy~/' 6/30/2004 Honolulu District Honolulu BWS C-17737 WELL 7/1/2004 7/2/2004 1752-01 SU> +-

9/1/2006 9/6/2006 7/31/2006 6045-04 Ouli4 Bridge Aina Lea, LLC C-17737 WELL ().£ce~~ 7/31/2006 6045-03 Ouli3 Bridge Aina Lea, LLC C-17737 WELL 9/1/2006 9/6/2006

7/31/2006 6045-02 Ouli2 Bridge Aina Lea, LLC C-17737 WELL 9/1/2006 9/6/2006

8/4/2006 4158-03 Palani 1 HawaiiDWS C-17737 C-17737 BOTH 9/6/2006 9111/2006 9/6/2006 9/11/2006 o

Tuesday, October 24, Page I ofl &RTMENT OF LAND AND NATURAL RESOl&S DOCUMENT NO ... UAC OR ATTACHED WORKSHEET DATE' October 23 .2006 SRC/ COST F YR APP D OBJ CTR PROJECT PH ACT AMOUNT NAME/DESCRIPTION (WANG INPUT) S 07 326 C 1026 0752 (1 ) $25.00 TNWRE Inc. (2) (3) (4) (5) (6) (7) (8) (9) (10) TOTAL $ 25.00 I i REMARKS: LINE (1) Hapuna Well No.4 It LINE (2) LINE (3 LINE (4) LINE (5) LINE (6) LINE (7) LINE (8) LINE (9) LINE (10) o • October 20,2006 Tom Nance Water 06-276 (05-50) Resource Engineering DS OCT ZO P 4: I I

Mr. Dean A. Nakano COl?I\ttSStfi~ ~ "IMTtP. Acting Deputy Director RFSC)!,tCE ~~/~. 't)EHEhT Commission on Water Resource Management Department of Land and Natural Resources State of Hawaii P. O. Box 621 Honolulu, Hawaii 96809

Dear Mr. Nakano:

After-the-Fact Well Construction/Pump Installation Permit Application for Hapuna Irrigation Well NO.4 in South Kphala. Hawaii

Attached is an after-the-fact well permit application and $25 filing fee for Hapuna Irrigation Well No.4 in South Kohala, Hawaii. The permit application was originally prepared in our office on November 15, 2005. However, it was not signed by the drilling contractor, Water Resources International, Inc. (WRI), at that time and was not submitted for processing to the CWRM. The well has already been drilled, cased, and pump tested. The oversight on filing the permit application and receiving the permit was discovered when WRI was preparing the Well Completion Report, Part I. That completion report was hand-delivered to your office on October 20,2006.

Also attached is a copy of the archaeological report by Rechtman Consulting, LLC which was submitted to DLNR-SHPD in January 2006. The "relatively large bowl-like" depression in the middle of Figure 5 of the Rechtman report is where the well was drilled.

Please accept the apologies of WRI and ourselves for this inadvertent oversight and thank you for your consideration of this matter.

Sincerely, ~~~U-- Tom Nance

cc: Blaise Clay - WRI

Attachments

680 Ala Moana Boulevard, Suite 406 • Honolulu, Hawaii 96813-5411 • Phone: (808) 537-1141 • Fax: (808) 538-7757· Email: [email protected] STATE OF HAWAf\ 0 For Official Use Only: DEPARTMENT OF LIIb AND NATURAL RESOURCES / COMMISSION ON WATER RESOURCE MANAGEMENT APPLICATION FOR A WELL CONSTRUCTION I PUMP INSTALLATION PERMIT 11-15-05 05-50.0 Instructions: Please print in ink or type and send completed application with attachments to the Commission H oct ZO p.i: I' i Water Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. Application must be accompanied by'i'IP 'i copies and a non-refundable filing fee of $25:00 payable to the Dept. of Land and Natural Resources. The Commission may not accept incomplete applications, For assistance, call the Regulation Branch at 587-0225. For further information and updates to this application form, visit http://www.hawaii.gov/dlnr/cwrm·G.. iii:Mi§f;iml An Vi '"rh RF ,n l lPf'C fl ',~J'* r.r.Mf:IH WELL LOCATION INFORMATION 1, STATE WELL NO. (if already assigned) 12. WELL NAME 3. ISLAND 14. TMK _ 01 Hapuna Well No.4 Hawaii 6 2 51 zone sec PiSt pare The following must be attached before this application is accepted as complete: - Portion of 7.5-Mlnute Series LlSG,S topographic map (scale 1:24,000) with well location labeled and include the name of the quad map • Property tax map, showing ,well location referenced to established property boundaries • Photograph of the proposed well site -A schematic diagram shOWing the well site, access road and proposed well infrastructure 5. WELL OPERATOR'S NAME/COMPANY I Well Operator's Contact 6. LANDOWNER'S NAME/COMPANY Landowner's Contact Mauna Kea Properties, Inc. Milton Nakagawa Mauna Kea Properties, Inc. I Yoichi Asari Well Operator's Mailing Address Landowner's Mailing Address 62-100 Kaunaoa Drive 62-100 Kaunaoa Drive - 9th Floor Kamuela, Hawaii 96743 Kamuela, Hawaii 96743 Well Operator's Phone I Well Operator's Fax I Well Operator's E-mail Landowner's Phone Landowner's Fax landowner's E-mail 808-880-3131 808-880-3128 [email protected] 808-880-3301 I 808-880-3306 [email protected] PROPOSED WELL CONSTRUCTION PROPOSED PUMP INSTALLATION 7. Proposed Work 8. Construction Type 10. Proposed Work 11. Proposed Pumping Rate, gpm 13. Method of flow measurement • Construct New Well • Drilled • Install New Pump (gallons per minute) • Flowmeter o ModifY Existing Well DOug o Replace Pump 450 0 Open Pipe o Abandon/Seal Well o Shaft 1------1 0 Weir 12. Proposed Amount of 0 Orifice o Tunnel Withdrawal, gpd (gallons per day) 0 Other (explain) Up to 650,000 9. Is this well part of a battery of wells? 0 Yes • No 14. Proposed Surveyor name and license number (a surveyor is required for all Well Construction Permits and may be required for some Pump Installation Permits) RM Towill Corporation

PROPOSED USE

o 15. Municipal (water systems serving greater than 25 individuals or 15 service connections) o 16. Domestic Number of units to be served: o 17. Industrial (describe) • 18. Irrigation (describe crop and no. of acres) Additional supply for the Hapuna Golf Course (85 acres) and Uplands Irrigation (50+/- acres). o 19. Military (describe) o 20. Other (describe)

OTHER LEGAL REQUIREMENTS If required, items 21. and 22. must be obtained before the Commission can legally issue a permit: 21. Conservation District Use Permit (COUP) o Required, COUP # date approved • 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 issuance, or revocation of the permit after it is issued. 22. Special Management Area Permit (SMAP) o Required, SMA # date approved .,--__-:- • 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 application will expedite my review. I further understand that issues raised by this agency may delay or result in denial of the permit issuance, or revocation of the permit after it is issued. 23. Historic Preservation Division (HPD) of the Department of Land and Natural Resources o I have consulted with the HPD regarding potential impacts of well construction activities on historic sites. I have attached applicable documentation from the HPD. • I have not consulted with the HPD regarding potential impacts of well construction activities on historic sites. I understand that checking with the HPD prior to making this application will expedite my review. I further understand that issues raised by this agency may delay or result in denial of the permit issuance or revocation of the permit after it is issued. Additionally, the history of past land use is attached. (See Attached) Additional remarks, explanations, etc. (attach additional sheet if more space is needed) This is an after-the-fact permit application (refer to transmittal letter).

NOTE: Signing below indicates that the signatories understand and swear that the information provided is accurate and true to the best of their knowledge. Further, the signatories understand that upon permit approval: 1) the proposed work is to be completed within two (2) years of the approval date; 2) the contractor shall submit to the Commission a well completion/abandonment report within 60 days after the completion date of the permitted work; 3) in the event that the application is not completed correctly, any permit may be suspended until the item is brought in to compliance, and any work done while the permit is in suspension may result in fines of up to $5000/day. 24. WELL DRILLER (Must be filled out if application is for Well Construction) 25. PUMP INSTALLER (Must be filled out if application is for Pump Installation) Water Resources International, Inc. 17737 ~~#t?~~ 9=?tlt1eSIi/lllltt2lYf£ Licensee ~ness nam%1.A' C-57 License No. usee busi~s name • C-57/C-57a/A License No. ~~.-.' ~ H.isof.. e,~ /t>-j.Q.IJ,LLl2:..M-4 bJ/CUb.,I2(WJU!~ I-J.'f-a mgnature ,. Print Hono 1, ttf U Date Sigmmfre • r;Jt Date 1100 Alakea Street, #2900 / Hawaii 96813 Z'?-;ZSPA aLAI Sr, /;A'(){'€'I. to 96107 Address Address ' 531-8422 531-7181 [email protected] ~"'R;..""S'$"StI &~-6B;-5"8-6' Phone -=F:-a-x------E-mail Phone Fax

WCPI App. Form 05112/05 thd'.pJjIJj •.

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\ .-.,...... / o o -:::2--TN __ ~_ l-GF lit : RECHTMAN CONSULTING, LLC .;2.TY-- He 1 Box 4149 Kea'au, Hawai'j 96749-9710 _08 ___ pbone: (808)966·1636 fa.,,; (BOB) 443-0\.."'65 _"T' __ _ e-mail: [email protected] ARCHAEOLOOICAI~ CIJl:IURAL. AND HISTORICAL STuDIES --.J.CCTG_--

January 17,2006 R -0344 ~ Greg Fukumitsu ~~~~nm[ID JOB 05-50 Tom Nance Water Resources Engineering 680 Ala Moana Blvd., Suite 406 JAN 232006 Honolulu, HI 96813 TOMtIANLfl------

Bob Rechtman, Ph.D. Principal Archaeologist o o

RECHTMAN CONSULTING, LLC He 1 Box 4149 Ken'au, Hawai'i %749-9710 phone: (808) 966·7636 (ax: (808) 443-0065 e-mail: [email protected] ARCIlAEotoGICAL, CULTURAl., AII/O HIsToRIC.... L STuDIES January 16, 2006 RC-0344 MaryAnne Maigret Assistant Hawai'i Island Archaeologist DLNR-SHPD 74-383 Kealakehe Parkway Kailua-Kona, HI 96740 Dear MaryAnne: At the request of Tom Nance Water Resources Engineering, Inc. on behalf of their client, Mauna Kea Development Corp., Rechtman Consulting, LLC has prepared this request for determination of "no historic properties affected" associated with the development of Hapuna Irrigation Well No.4 and an associated access alignment within TMK: 3-6-2-001 :051 in 'Ouli Ahupua'a, South Kohala District, Island of Hawai'i. (Figures 1 and 2). The development plans call for the preparation of a roughly 200 foot by 200 foot well pad location, improvements to an existing jeep road, and extension of the existing Jeep road over previously disturbed and undisturbed land to the well site location. The location for the proposed well is accessed via a Jeep road that extends south from WaimealKawaihae Road for roughly 3,000 feet, then heads west for another roughly 3,000 feet; at which point the proposed access road will deviate from the existing jeep road in a westerly direction extending another 3,400 feet to the proposed well location. Elevation within the project area ranges from 1,160 to 720 feet. The project area is characterized by moderately sloped very weathered older Mauna Kea lava flows that support a vegetation cover of grasses and a few shrubs (Figures 3 and 4). Waiulaula Gulch is a major maukalmakai landscape feature to the south the study area (Figure 5). Prior disturbance in the western portion of the study area includes a series of bulldozed firebreaks (Figure 6), which will be utilized to the extent possible for the proposed access road where it extends beyond the limits of the existing Jeep road. Comprehensive and detailed culture-historical (both archival and oral) background information relative to the general project area can be found in Carlson and Rosendahl (1990), Haun et al. (2003), Maly (1999 and 2000), and Rechtman (2000). The background information presented here relative to the cultural contexts is abstracted from Maly (2000) and highlights information arrived at through a review of archival and historical information specific to 'Culi Ahupua'a. The prehistory of South Kohala, and in particular of the Kawaihae/Waimea area, is understood in only broad terms (Kirch 1985; Rosendahl and Carter 1988). 'Ouli Ahupua'a extends inland to the makai-most reaches of the agriculturally fertile Waimea uplands along Keanuiomano Stream. In a general context, Precontact population was centered both in the uplands and along the coast. Upland habitation (perhaps as early as A.D. 800-1100) focused on the agricultural field systems, which undoubtedly provided much of the produce for the coastal inhabitants (dates for coastal occupation seem to extend back to A.D. 1000 (Carlson and Rosendahl 1990». The evidence for dryland and irrigated low elevation agriculture documented by Carlson and Rosendahl (1990) seems to date to the late 1800s and early 1900s. The Kawaihae Harbor area was a royal center from at least the reign of Lonoikamakahiki, in the middle 1600s (Fomander 1916; Kamakau 1961; Maly 1999), and the coastal shoreline zone of this area contained both permanent and temporary residential sites, burial features, fishing shrines, trails, and canoe houses. The bulk of the coastal population was concentrated along the sandy beach north of the two prominent heiau, with additional scattered residences strung out along the shore both north and south of the primary residential area. The inland location of the current project area saw very little in the way of habitation. The current study area occupies a dry environmental zone intermediate between the coastal kula and the fertile agricultural uplands. During the Miihele, 'Ouli A hupua'a was awarded to James Young Kanehoa, son of a Hawaiian chiefess connected to the Kamehameha line, and John Young (Olohana). o o RC-0344 Kanehoa's title to the land of'Ouli was confirmed in Land Commission award 8518-B:l, which was later surveyed and determined to contain 3,632 acres. While several native tenant claims were registered in the maulra agriculturally fertile section of 'Ouli, no claims were made for house lots or residency rights in the intermediate and coastal sections (Maly 2000). Maly (2000) gives a brief description of settlement patterns for the general area and in doing so offers a possible explanation for why no native tenant claims were made in the intermediate and coastal zones of 'Ouli. He states: The fisheries of 'Ouli and the larger Kohala region were of great importance, but because supplies of fresh water were limited, the growth of long-term permanent settlements in the region was limited as well. Traditional and historical narratives indicate that the primary settlements and residences of South Kohala were the lands around Kawaihae Bay, and the near shore lands of Puiiko-LaUimilo and Kaliihuipua'a-'Anaeho'omalu; areas which contained freshwater springs, ponds, and limited streams. By the early historic period (ca. 1820) Kawaihae supported the largest population (in part a function of Kawaihae being a port of call for foreign vessels), while the other two primary settlements of the southern shore supported less than 150 residents ( cf. Vancouver 1798, Arago 1823, Freycinet 1978, and Ellis 1963). Historical documentation and past archaeological surveys indicate that residency patterns in coastal 'Ouli and vicinity were generally associated with seasonal residency patterns. Residency was connected with important fishing seasons, and locations were used over successive generations by native tenants who resided in the uplands of the Waimea region; an area which supported a sizeable community and agricultural field system (cf. Rosendahl 1969, Rosendahl 1981, Kaschko and Rosendahl 1982, Clark and Kirch 1983, and Graves 1993). (Maly 2000: I) During the WWII era, 'Ouli Ahupua'a was part of the U.S. Navy's Waikoloa Maneuver Area, a 91,000-acre area extending from the coast to the Pohakuloa Training Area, and from the Waimea­ Kawaihae Road to south of the Waikoloa Road. The area was acquired through a license agreement with of Parker Ranch in 1943 and returned in September of 1946 (Haun and Henry 2000). It was used for military exercises and training, including the firing oflive ammunition and explosives. Records on file at the Department of Land and Natural Resources-State Historic Preservation Division indicate that portions of the larger Tax Map parcel within which the current project area is situated have been previously investigated (Barrera and Kelly 1974; Ching 1979; Clark and Kirch 1983; Kam and Ota 1984; Rosendahl 1993). Additionally, there have been several archaeological studies conducted in 'Ouli Ahupua'a, both malrai and mauka of the current project area (Barrera 1994; Barrera and Kelly 1974; Ching and Hammatt 1980; Clark and Kirch 1983; Clark and Rechtman 2002; Hammatt and Folk 1980; Haun and Henry 2000; Kaschko and Rosendahl 1982; Rosendahl 1969, 1981; Soehren 1967; Walker and Rosendahl 1987). Collectively these studies indicate that the current project area might contain trails, temporary habitation sites, dryland agricultural features, and features associated with WWII military training activities. These expectations match the settlement pattern model that Clark (1987) proposed for the Kawaihae/Waimea region. On November 9,2005, Robert B. Rechtman, Ph.D. conducted a field inspection of the entire length of the proposed access corridor and the well pad location. The project area was marked with flagging tape, and ground visibility was excellent. There were no archaeological resources observed on the surface within the project area and the likelihood of encountering subsurface resources is extremely remote given the nature of the landscape. Based on these negative findings, on behalf of our client, we are requesting that DLNR-SHPD issue a written determination of "no historic properties affected" in accordance with HAR 13§13-284-5(b)1.

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RC-0344 Should you require further information, or wish to visit the project area, please contact me directly.

Respectfull~___ _

Bob Rechtman, Ph.D. Principal Archaeologist

References Cited

Arago, J. 1823 Narrative of a Voyage Around the World in the Uranie and Physicienne Corvettes, Command by Captain Freycinet, During the Years 1817, 1818, 1819 and 1820. London: Truettel and Wurtz, Treuttle, Jun, and Richter. (facsimile reprint by Bibliotheca Australiana)

Barrera, W., Jr. 1994 Ouli and Lanikepu, South Kohala, Hawaii Island: Archaeological Inventory Survey of TMK:6-2-01:9. Comstock Cultural Resource Management, Inc. Prepared for Island Advisors, Honolulu.

Barrera, W., Jr., and M. Kelly 1974 Archaeological and Historical Surveys of the Waimea to Kawaihae Road Corridor, Island of Hawaii. Departmental Report Series 74(1). Department of Anthropology, B.P. Bishop Museum, Honolulu. Prepared for the Department of Transportation, State of Hawaii.

Carlson, A., and P. Rosendahl 1990 Archaeological Inventory Survey, Queen's Lands at Mauna Kea, Land of Kawaihae 2nd, South Kohala District, Island of Hawaii (TMK:3-6-02:6). PHRI Report 591- 052090. Prepared for Mauna Kea Properties, Inc.

Ching, F. 1979 Archaeological Reconnaissance Survey of Approximately 400 acres of 010 Hana Corporation Property at Ouli, Kohala, Hawaii Island. ARCH Report, Lawai.

Clark, J. 1987 Waimea-Kawaihae: A West Hawaii Settlement System. Ph.D. dissertation, University of Illinois, Urbana. University Microfilms, Inc., Ann Arbor, Michigan.

Clark, J., and P. Kirch (editors) 1983 Archaeological Investigations of the Mudlane-Waimea-Kawaihae Road Corridor, Island of Hawai'i. An Interdisciplinary Study of an Environmental Transect. Departmental Report Series 83-1. Department of Anthropology, B.P. Bishop Museum, Honolulu. Prepared for Department of Transportation, State of Hawaii.

Clark, M., and R. Rechtman 2002 Archaeological Inventory Survey of TMK:3-6-2-02:24, 'Quli Ahupua'a, South Kohala District, Island of Hawai'i. Rechtman Consulting Report RC-0132. Prepared for Hale 0 Aloha, LLC, San Francisco, California.

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Ching, F., and H. Hammatt 1980 Archaeological Reconnaissance, Golf Course Expansion, Mauna Kea Beach Hotel, Duli, Kohala, Hawai'i Island. ARCH 14-185. (Letter Report of 11 March 1980 to William Mie1cke, Mauna Kea Properties, Inc.

Fornander, A. 1916 Fornander Collection of Hawaiian Antiquities and Folklore. (Vol. 1) Honolulu: Bishop Museum Press.

de Freycinet, L. 1978 Hawaii in 1819: A Narrative Account by Louis Claude de Saulses Freycinet. Pacific Anthropological Records 26. Department of Anthropology, B.P. Bishop Museum, Honolulu. (Translated by E. Wiswell, edited by M. Kelly)

Ellis, W. 1963 Journal of William Ellis, Narrative of a Tour of Hawaii, or Owhyee... Honolulu: Advertiser Publishing Co.

Graves, D. 1993 Archaeological Mitigation Program, The Bluffs at Mauna Kea, Phase 11- Archaeological Data Recovery, Land of Duli, South Kohala District, Island of Hawaii (TMK:3-6-02:Por.13;3-6-6-01:38). PHRl Report 1042-022393. Prepared for Mauna Kea Properties, Inc. c/o Belt, Collins & Associates.

Hammatt, H., and W. Folk 1980 Archaeological Survey and Excavations of Coastal Sites, Ouli, Kohala, Hawai'i Island. ARCH 14-185 II. Prepared for Mauna Kea Properties, Inc.

Haun, A., and D. Henry 2000 Archaeological Inventory Survey TMK: 3-6-2-02: 18, Land of 'Ouli, South Kohala District, Island of Hawai'i. Prepared for Kohala-Woodvale Associates, LLC, HHo, Hawai'i.

Haun, A., D. Henry, and K. McGuire 2003 Archaeological Inventory Survey DHHL Residential Development at Lliliimilo (TMK: 3-6-6-01: 10, 54 & 77 and 3-6-6-04: 12-17). South Kohala District, Island of Hawai'i. Haun & Associates, Report 116-071203, Keaau, Hawaii. Prepared for PBR Hawaii, Hilo, Hawaii.

Kam, W., and J. Ota 1984 Site Visitation Report: Mauna Kea Resorts, Inc., Ouli, South Kohala, Hawaii. Ms. on file at DLNR-SHPD, Kapolei.

Kamakau, S. 1961 Ruling Chiefs ofHawaii. Honolulu: The Kamehameha Schools Press.

Kaschko, M., and P. Rosendahl 1982 Identification of Historic and Prehistoric Trails Located Within Mauna Kea Properties, Inc., Development Properties at Kawaihae 2nd and Ouli, South Kohala District, Island of Hawaii. Manuscript. PHRI Report 55-060782. Prepared for Mauna Kea Properties, Inc.

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Kirch, P. 1985 Feathered Gods and Fishhooks: An Introduction to Hawaiian Archaeology and Prehistory. Honolulu: University of Hawaii Press.

Maly, K. 1999 Nii Ala Hele Ma Kai 0 Kohala Hema. Kumu Pono Associates Report HiAla-17K (043099). Prepared for DLNR-Forestry and Wildlife, Hilo.

2000 'Ouli Ma Ka 'Aina Kaha 0 Kohala: An Overview of Selected Archival and Historical Literature for the Land of 'Ouli, at South Kohala, Island of Hawai'i. Prepared for Kohala Woodvale, LLC, Hilo, Hawai'i.

Rechtrnan, R. 2000 Supplemental Archaeological Inventory of TMK:3-6-2-01:91, Lanikepu Ahupua'a, South Kohala District, Island of Hawai'i. Rechtrnan Consulting Report RC-0008. Prepared for KRS Development, Inc., Makawao, Hawai'i.

Rosendahl, P. 1969 An Archaeological Survey of the Ouli Coastal Lands Between Hapuna Bay and Kaunaoa Bay, South Kohala, Hawaii; Including Excavations at Site E4-14, Kaunaoa Point. Manuscript 040069. Department of Anthropology, B.P. Bishop Museum, Honolulu.

1981 Preliminary Research Report: Mauna Kea Properties Trails Project, South Kohala, Island of Hawaii. PHRI Report 41-112081. Prepared for Mauna Kea Properties, Inc.

1993 Archaeological Inventory Survey, Kenai Air Heliport Parcel, Land of Ouli, South Kohala District, Island of Hawaii (TMK:6-2-01:Por.51). PHRl Letter Report 1355- 020993. Prepared for Kenai Air Hawaii, Inc.

Rosendahl, P., and L. Carter 1988 Excavations at John Young's Housesite, Kawaihae Hawaii. Archaeology at Puukohola Heiau National Historic Site. Western Archaeology and Conservation Center Publications in Anthropology No. 47.

Soehren, L. 1967 Field Trip Report. Ouli, South Kohala, Hawaii. Manuscript. Department of Anthropology, B.P. Bishop Museum, Honolulu. (December 11-12, 1967)

Vancouver, G. 1798 A Voyage of Discovery to the North Pacific Ocean, and Round the World, Volumes 1-3. London: Robinsons and Edwards.

Walker, A. and P. Rosendahl 1987 Archaeological Reconnaissance, Intensive Survey, and Testing, Southernmost Portion, South Kohala Resort. PHRI Report 199-092585. Prepared for Belt, Collins & Associates.

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RC"()344

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Figure 1. Portion of USGS 7.S minute series quadrangle Kawaihae, HI 1982 showing project area. 6 ,_.,,/,...... 4T ..... • , ..... , .... ~~ ,flf ...... 01lI.0 ...... ,. rJ... • :1,,",,1 .~" 'N

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RC-0344

Figure 3. Landfonn and vegetation cover within the eastern portion of the project area, view to northwest.

Figure 4. Landfonn and vegetation cover within the western portion of the project area, view to west.

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Figure 5. Waiulaula Gulch south of project area, view to the southwest.

Figure 6. Portion of existing fIrebreak to be improved for access to proposed well location, view to northwest.

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