DEPARTMENT OF LAND AND NATURAL RESOURCES...1 COVER LETTER 2 PERMIT (2x) 3 DOH COMMENTS 4LAND DIV....

BENJAMIN J. CAYETANO GOVERNOR OF HAWAII

Mr. Steve Goldberg Oasis Water Systems P.O. Box 535 Kilauea, HI 96754

Dear Mr. Goldberg:

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT P.O. BOX 621

HONOLULU. HAWAII 96809

OCT 22 2001

Well Completion Report for Well No. 1120-30

GILBERT S. COLOMA·AGARAN CHAIRPERSON

BRUCE S. ANDERSON ROBERT G. GIRALD BRIAN C. NISHIDA

DAVID A. NOBRIGA HERBERT M. RICHARDS. JR.

LlNNEL T. NISHIOKA DEPUTY DIRECTOR

1120-30. wcr2

We received your Well 2mpletion Report Part" for the Moloaa Bay Ranch #1 (Well No. 1120-30) on October 13, 2001 and acknowledge that it is complete.

If you have any questions, please contact Lenore Nakama of the Commission staff at 587-0218 or toll-free at 274-3141, extension 70218.

LN:ky c. Clark Lipscomb

Sincerely,

~.-r~ -PtJV LlNNEL T. NISHIOKA

Deputy Director

MEMO and R9UTE SLIP o I WCR 11Ch,ckforW~llm:No.. ·.1;t'20~30· "{$~ij~yto regul$tioh.irn~mo)

'. Pump Tests Check Glenn Bauer '#1!i13ilial) es No

Step-Drawdown Test:

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

Aquifer Pump Test:

followed WCPI Stds T & S analysis attached

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

analysis attached

g: 0 0

13' 0

rl 0 0 Id"

o o

If no, describe deficiency

10/02/01

/

I Stream Surface Water Impacted:

~~ ~

o 0 ... If yes, identify most probable stream ~

~~I ¥ #-1 6-4 ,~ .. ~ ~ ~ ~

2. Construction Check Mitch Ohye ~J' (initial) \ .\:', \: 1: .. -7..

data complete followed WCPI Stds well database updated

Yes No

o o o

If no, describe deficiency

3. Charley@e/Ryan ____ (initial) take action based on above analysis

ATTACHMENTS FOR PUMP INSTALLATION PERMIT: 1 COVER LETTER

2 PERMIT (2x)

3 DOH COMMENTS

4LAND DIV. COMMENTS

5WCR2FORM

6WURFORM

4. ROY~ (initial) check 5. Kathy'~' (initial) finalize 6. Linnel~. (initial) signature 7. CharleYIU/Ryan File

__ not necessary - only WCP.

To be sent to applicant

,

}0/13/2001 15:41 8088280778 OASIS WATER SYSTEMS PAGE 02

State of Hawaii FOf Official Use Only:

COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resources

WELL COMPLETION REPORT - PART II Installation

IMtructlons: Please print in ink or type and send completed report (with attllchments, if applicable) to the Commission on Walllr Resource Management, P.O. Box 821, Honolulu. Hawaii 96809. The Commission 'may not accept incomplete reports. This form shall be submitted within 60 days of the (:omplMlon or work. For assistance, please consult the HElwall Well Com~truction and Pump Installation Stllndards or call the Regulatlon Branch at 587·0226. fQr updateo to \hl,> form or additional information, pillase visit our website at http://www.state.hi.us/dln r/r;;tNrmJ

1. State Well No.; 1120-30 Well Name: Moloaa ba~ Ranch #1 Island: Kauai

2. Address: Koolau Road Moloaa Kauai Tax Map Key: oWJ11-1 ...........

3. Pump Installation Company: Oasis Water

4. Date Pump Installed: 11-10-99 /TIQntt1ld~vlyear

5. PERMANENT PUMP INFORMATION

Pump Type, Make, Serial No.: Grundfos sub 85~100-9

Rated Capacity: 90 gpm at head of: 325

Motor Type, H.P., Voltag8, rpm: franklin 1 0 h~ 240 volt 3450 rpm

Type of flow meter: Blue Star which measures in .Gallons

~ type (check ono): o aap Well Turbine o Rotary o Propeller

Submersible o Rotary-Displacement D Reciprocating

o Centrifug al o Rotary-Gear o Impulse

6. Method of flow measurement

o Flowmeter Manufacturer Blue star MaKe SiZe 3"

o Weir o Open Pipe o Orifice" o Other"', explain below

"attach schematic

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

B. Other remarks/comments:

PU~P In .... IIOIIOn]$;::5' gg;i~ wM4 C-57/C-57a1A lie. No. at ~~ Date I [02-12::-0 ~ Signature

Permittee (print) 2£c:.. O~ -S~ Signature Date

fl

WCR2 FOtm 512/00

!

10/13/2001 15:41 8088280778 OASIS WATER SYSTEMS PAGE 04

~PART II. . ,-' ..... .....

. ~ ~ . ~ "

20. Pump Installation Company: -.&.~"""'-!"~:-=-~-:z~=~~.----21. Name of persoo performing WOfk: _~ ........ ~t---"""-"-------';::,;..-.o,,---22. Date Pump Installation Completed: -...I.~!!!:a..L~~~ ____ ~~

23. PUMP INSTALLATION: Pump Type, Make, Serial No.: lOjo gpm Motor type, H.P .• Voltage. rpm: -+:"-lU!~~~·rJ-=---....a.::a~~,.a...LW..-=-,~~L-____ ~ ___ _ Depth of Pump Intake Setting HM ft. below lHg..tPund D well bench marl< Depth to bottom of airline '.IflQ.. ft.. below la'§round 0 well bench mark Pumping Head Is '3~5 ft. Type of flow meter: /JI.x.5/tIt!-= which measures in G<sI~.5

24. As--built draWings attached attached? _ Yes _ No ~ 25. Other rematkalcomments: ($ee below)

Pump InstaUation ConII'8GlQf-.-HllJ

Signature

Applicant (print)

Signature

6. (cont'd) DRILLER'S lOG (confd):

Depths (it.) Rock Deaa1Jtion. WOlter Level, Dates. etc. Depths (1l) Rock Desaiptlon, water Level. Oates, etc.

i:~ :1!~:1il:J!i~~~~tff:fft -",,",~l:...:.=:t..;....;.:;;~Z~k' ~---11:£.. to ~ r <.... _-to ______ -'-______ -l.a2-lol I vl-- "l~~e) __ to __ _ ~to __ to ~ ___ ~ ________ _ ~ to __ to ___ ~_'__~ ___ ___=_ ___ _

~to2 10 __ 1Jl..to~ ~1Jt10 __ -----------

~:I ==:== ~IO Z __ to ___ ~-_______ _

~toto to ~ ~'44I_~~~..::::;::...F_~....=_+tro_~,J-t.l$. to == ====::::::::::::::::::_-_-_-_-_-_-_-_ ~:ii: ~9 ==: == -~----------~~-S2h. toSJlL _-to _~ __ ~ _______ _ 5J6- to t3o.I- __ to __ ~_-~ _____ ~_

1,., \\~O .. 3D N\.O\...t> kPt ~uk \ 19.& 25. RemaJks: __ ~-___ ~~-________ ~ __ ____'_'_ ________ _

0._:, ..

10/13/2001 15:41 8088280778 OASIS WATER SYSTEMS PAGE 03

9. AS-BUILT PUMP SECTION (Pl9as8 attach as-built if diffGrent Imm dIagram provided below)

Bench mark elevation surveyed to nearest 0.01 ft. = 300.04 ft. mean sea level

elevation of top of chase tube 302.11 ft. mean sea level

Pump Intake depth :::: 403 ft. (referenced to bench mark)

Chase tube depth = 400 ft. (referenced to bench mark)

if airline installed, bottom of airline elevation ::::; 400 ft mean sea level

)

)0/13/2001 15:41 8088280778

IFAX TO:

Phone Fax Phone

cc:

I REMARKS:

Hi Lenore:

Water Commission Lenore Nakama

808·587·0219

o Urgent

Enclosed is the pump permit for 1120-3

Thanks, Steve

OASIS WATER SYSTEMS PAGE 01

I Date

I Number of pages inc;/uding caver sheet

FROM:

Phune Fax Phone

Steve Goldberg Oas;6 Water Systems Inc. PO.Box 535 Kilauea Hi 967fJ4

808-828-6876 808-828-0778

4

your review 0 Reply ASAP o Please Comment

o o Table 2 (CRPTD Penn 1f11TIIIT)

CONSTANT-RATE PUMP TEST DATA

Pumped Well No, \ \ 20 - 3 0 Observation well no. = ) ::~,-~' 28 .q Il : J 5 Pumped Well Name ARW f\fi £; it? ~... Distance between Obs. & Pumped WeI' __ '"""!I!""_ ft. Target Q gpm Reference pl for depth to water' f( mel

Static WatQ( level @ start of test! 1-SCt:,. ft.msr ' Water level measurementa by: ~el tape 0 pressure transducer '0 airline'

START rEST Date: 4 - (f - 't 9 Time of day: J: t"; A r1

0.00 Start pumpJCI" tlken

, I

'z.

"

I I

11

I I

/

o

cr sampl. takln It

700 800 cr sample taken

900 1000 cr 8Itmpfe taken

1500 Cf sample taken

2000 cr ample taken

2500 cr nmple falCan

3000 cr .ample t.l(en

4000 cr sample taken

5000 cr aample.aken

6000 cr Sample taken

7000 cr $ample taken

8000 er $ample taken

9000 cr .ampl, taken

10000 Max pO.libl, duration, water level ClI1UaIity did not

recovery next page

0 Flow meter reading at end of purrlod; .5~ __ gals

1 Chloride sampling required 2 Use sama ending drawdown figure as start for recovery

c o

Tabl, 1 (8DPTO Fonn 12117191)

1 0

1.5 0 2 0

2.5 0

3 0

4 0

5 0

6 0

1 0

8 0

10 0

15 0

20 0

25 0 72 30 0

40 0

50 0

60 0

70 0 80 0

90 0

100 0

150 0

200 0

250 0 72-:

END TEST Date: ~'k11- Time of day:

ADDITIONAL REMARKS:

Person in charge of pump test (prlnl);,-.,I.:..u.q~ .... ~:.....::l,!w;....,~:..,a.".. _____ _

Sjgnsture:,_-+-....... II",J'Io..:I'-"---..Lj~~~"'!.,1fF._

The $lgnillUf'8 abovalrldlcates '''et ttle d4lta repol'led knoWledge who operated lilts PUMP test.

..

o o .. T.bl. 1 .IDPTO form 1V.r/tm

SlEP-DRAWDOWN PUMP TEST DATA (not required for weII& produdno < 100.000 Qpe:! ,W' 70 gpM)

Pumped Well No. ~ ~1..0 .- '30 Observation well OCI. -Pumped Weft NameiLC M BA? ~t.k,H Disisna! between Obs. & Pumped Wall - ft. Target a gpm Reference pl for depth to water _ ft. InSI

Static Water Level t(g start of test 2.fS<t· I ft msl Water level measurements by: W $Ieel tape 0 pr8isure tnlnsducer .0 airline

START TEST Date::3 <2'2 - q 'I Time of day: S: 00 At'\

Flow Meter Reading StBft..P..Q.Q.4!.Q_ gals

Su"tpump

Chlodd. sample taken

Step 2 begin?

c

o

o

f'l~ ,,,--<. t-c,LS,bSO

Well Name: Moloaa Bay Ranch Well ~0-30 Date of Test: April 6, 1999 '-' Date of Analysis: 09-0ct-01

Alternative way for determing T from step-drawdown data (Mink, per. comm) o =ftI\3/d 01 (gpm) = 100 = 19250 ftl\3/d s = ft. 02 (gpm) = 30 = 5775 ftl\3/d Set up two equations:

s1 = i01 + n011\2 s2 = j02 + n021\2

02 = 5775 s2 = 0.3 01 = 19250 s1 = 1.1 Well Depth below sea level = 311 Radius of well (ft) = 0.333 = r

n = s1 - (01/02)s2/01(01-02) = j = s/O - nO =

Laminar flow equation:

3.9E-10 5E-05

qreen = input red = calculated blue = equations

s = jO = 0.957143 87.01 % Head loss due to laminar flow

Thiem Eq.

T = 1/2pij(ln{re/r})

re = Well Depth BSL * 1.6 = 497.6 Therefore: T = 1/2pij(ln{re/r}) = 23397 ftl\2/d /

o

MEMO and RCUTE SLIP o 07/18/01

I WCR 2 Check for wen No. 1120-30 (syryeyto regulation~mo)

1. Pump Tests Check( special condition of PIP? Yes/No) Glenn Bauer (initial if yes) Yes No If no. describe deficiency

Step-Drawdown Test:

followed WCPI Stds 0 0 analysis attached 0 0 proposed pump cap o.k. 0 0

Aquifer Pump Test:

followed WCPI Stds 0 0 T & S analysis attached 0 0

Well Interference: estimated Steady-State

drawdown at 1-mile radius is _-:---:--_ ft. analysis attached

Stream Surface Water Impacted:

2. Pump Installation Check Mitch Ohye

o

o

o o o

o

o .- If yes, identify most probable stream

(initial) 1." \~, 0 (

No If no. describe deficiency

data complete followed WCPI Stds well database updated

3. Charl~Ryan ~ Ii ,; .l-' vlp..~4.... .\;r- ~." ~\ '~"'\' .'

, ____ (initial) take action based on above analysis'

4. ROY+ (initial) check

5. Susan SuBia \.-. '\ \. (initial) finalize '{

6. Linnel, ___ \"_' _ (inid*l) signature

7. Charley/Lenore/Ryan File

!

"

:\0 b: ,.\ --

BENJAMIN J. CAYETANO GOVERNOR OF HAWAII

Mr. Steve Goldberg Oasis Water Systems P.O. Box 535 Kilauea, HI 96754

Dear Mr. Goldberg:



HONOLULU, HAWAII 96609

AUG 1 3 2081

Well Completion Report for Well No. 1120-30

GILBERT S. COLOMA-AGARAN CHAIRPERSON

BRUCE S. ANDERSON ROBERT G. GIRALD BRIAN C. NISHIDA

DAVID A. NOBRIGA HERBERT M. RICHARDS, JR.

lINNEL T. NISHIOKA DEPUTY DIRECTOR

1120-30,wcr

We have received your Well Completion Report Part II for the Moloaa Bay Ranch #1 (Well No. 1120-30). However, matters which must be addressed before we accept your report as complete are as follows:

1. Please submit pump test data and analysis to support the installation of a 90 gpm pump, in accordance with the Aquifer (Pump) Test Procedures (attached) and the Hawaii Well Construction and Pump Installation Standards and explain why you applied for a 25 gpm pump yet installed a 90 gpm pump.

2. Please submit an as-built drawing for the installed pump.

Please respond to the above item(s) within sixty (60) days of this letter's date. Failure to do so may result in fines of up to $1000 per day.

If you have any questions, please contact Lenore Nakama of the Commission staff at 587-0218 or toll-free at 274-3141, extension 70218.

LN:ky Attachment

c: Clark Lipscomb

Sincerely, Ii') ,'<:1:: //"~ /-; //1 .----'\V'

U /~0. () //\',,-LlNNEL T. NISHIOKA Deputy Director

J

o

~,

TO: Lenore Nakama ,,' , 'v"_:_ [7 Pl' Je: I \J

Phone Fax Phone 808-587-0219

Icc:

o I Date 7112101

I Number of pages including cover sheet

FROM:

Phone Fax Phone

Steve Goldberg Oasis Water Systems Inc. P.O.Box 535 Kilauea Hi 96754

808-828-6876 808-828-0778

I REMARKS: D Urgent ~ For your review D Reply ASAP D Please Comment

Hi Lenore: In ref. to your questions on the following wells:

1- I have enclosed the permanent pump info for wells 1120-26 & 1120-30 2- I have also enclosed a revised as built well section for well # 1123-01 3- I have enclosed a revised as built well section for well # 1120-32

The water level was 289' below top of casing, which equals 23' above sea level 4- I have enclosed a revised as built well section for well # 1120-31

The original measurement was taken for top of casing instead of ground level

Thanks

Steve

t

..

'?tate of HawaII 0 COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Re.ou~cr::'V!:,D

WELL COMPLETION REPORT 9S m 22 ~J98 ~ Form

Part I. Well Construction & Part II. Permenant Pump Instattatlon

I .... tructlona: Please print or 1yj)4t and lubmit completed report within 60 days after weD completionH'mi6)UcWMiilRMOurce Management, P.O. Box 621, Honolulu. Hawai 96809. All .s-bullt drawing of the weft and chemielll '...' ~ .liI!O -t~, For assistance caB the Commission Regulation Sranch at 587-0225. or 1-800-468-<4644 Exten.lon 70225. \.", •. ;~ ,,,;I,,(;'t,11:rfr--

, { ::i' 1, State Wen No.: 1120.30 Wen Name: MolAl' Bay Ranch f1 lalanc:l:Kauat· • 2. Location/Add,. .. : KooI.u BOld, Molo ... KIUlI Tax Map K.Y:'..,.;l'~","·9111o:·;..a.t,&.;;f .. ~~ __ ' .wIJ __ _

PART I. WELL CONSTRUCTION REPORT . 3. Drilling Company: \~-U 4. Name of driller who ....... fftnonOJ"tl

5. Type of riglconstruction: Q.. .'

6. Date(s) well Construction and pump test (if any) completed; Api2.1 I :99 '-:,';-,). ,,4 .J:"-

7. GROUND ELEVATION (referenced to mean sea level, msl): ft c,.I..a5:S CJ1

Well Bench Mark (descriptionllocation): W ~,. e. 5 - Cot~~atlon{ms'): a 100( 7, 'i 2ft. 8. DRILLER'S LOG: Please attach geologic log (if available or If reqt Ired by permit)

__ to ________ _ __to ________ _

Depths (ft.) Rock DescriP.tion. Water level, Dates, etc.

_to~(..~) __ to __

Depths (ft.) Rock De~tion, Water Level, Dates, etc

(If more space ;s needed. contifltJe on back.)

9. Total depth of well below ground: 6: I I ft. 10, Hole size: :5 II inch dia. from D. ft. to Lfoo ft. below ground

R J/Lf. : inch dia. from _, 'ioa ft. to " II II ft. below ground ______ Inch dia. from ___ ft. to _ ft, below ground

11. Casing installed:~in. 1.0. x .375 in. wall solid section to "iSQ. ft. below ground =_~ .in. 1.0. x (;'375 in." wall ~rforated section to 600- ft. below ground Casing MateriaVSlot Size: 'I/~ $:\s;.c:.l

12. Annulus: Gro fr.om D _ ft. below ground to 315 .. ft. below ground avel ~ed from - ft. below ground to ft. below ground

13. Initial water lev~' / ft. below ground. Date and time of measurement P1~A ~¥~~ 14. Initial chloride:. t.. .ppM- Date and time of sampling: ( , '2... "1- (\ _ 15. Initial temperature: OF ,~afe~iim.~'of_measurement I \ ~It • 16 PUMPING TESTS: Reference Point (RP.) use~ JOe 0 tCML I which elevation is~ ft.

(1) Step-Drawdown Te~~-2.-2..-59 ~ ___ L~· 'm Aquifer Test Date /!t~ Start water level (~~ '. ft. below R.P . .;;'I Start water level ~ 3~ ft. be~ow RP. End water level:i."5J: ::ft. below RP. End water level "23;2.. ft. below RP.

\17. Pump Test Procedures data & graphs (1pt7/97 SDPTD & CRPTDForms) attached? _ Yes 12'NO 18. As-built drawings attached attached? j[Yes _ No 19. Other remar1<s/commenta: (On back of this form)

:::.~:ng Cootraclor z;:~ -_ Surveyor (print) Sc:e AJ-\ A-C k~ Signature

Applicant (print)

Signature

,------

C-57 Lie. No . ...J;;):;a...J.l......;I..fL-S'L-L7_ ... __ 5"-lBioL----Date ~~t-.---Ij'--_~.:....'j..J...-_----

·Oat8 ___ _

Date _~. l ). ... ~ .,

, c o 2/27/96 WC"'. F-.

PART II. (PERMANENT) PUMP INSTALLATION RepORT

20. Pump InstaHation Company: --LL...I.~~~~~--ip...L"::::;:=:"'-,, ___ _

21. Name of person performing WOIk: ..... w..J~=:...f-_--lIIo~...:..::..::.......::.~'--_ 22. Date Pump Installation Com~eted: -...t~:::......I~-L.f~ _____ _

23. PUMP INSTAlLATION: Pump Type, Make. Serial No.: ~S'5 I(O-~ Capacity: go gpm Motor type, H.P., Voftage. rpm: ~ 0r-l C '150 __ . __ Depth of Pump Intake Setting H~ ft. below IfII1JJPl.md a well bench marl< Depth to bottom of airline ~ ft. below It§round 0 well bench marl< Pumping H~ad is 225 ft. Typp of flow meter: #& 5f.1If== which measures in Ggfi:ws

24. As-built drawings attached attached? _ Yes ~ No 25. Other remans/comments: (See below)

C-57 Lie. No. __ "2I11o...L../ ... f.J;...::~...£Z ______ _

Signature Dme __ 7~-~}~~_~~~( ________ __

Applicant (print)

Signature

B.(cont'd) DRILLER'S LOG (cont'd):

Depths (ft.) Rock Description. Water Level, Oates. etc. Depths (ft.) Rock Description, Water l.evel, Oates, etc.

~ :~ -&: ..p;.o.L.l.~if-,.~/--'f-I7""--r-7M~)t:t: tit --: i:,w).-+!u':"~(. L.~·.a.:;~l.rk---·--..j.l1L to l.l.S:- e.. __ to _____________ _ .L1S-to~ __ to ____________ _ l.C22- to "Z-I'At!) __ . to ___ ~. __________ _

~ toto -_ to __ ~ ____ to _____________________ __

'l.bO..,.. to.2 ~ to __ ns::- tto0 lI~to ____ _

~ __ to ______________ _

i! ::1 Zdn \ ===:=== -----------~to __ to __

~ to "J"ts_ to __

fi!13. tosrL 11-9 __ to __ ------.------5fI.. to~ __ to -- .-------------~to~ __ to __

~_to6at- ___ to _____ --------------------

~/ \\ to., ~O \t\.OLDktc ~L*. \ 19.& 25. Remarks: -----------------------'-----

• • l,ooI ....

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

.. ,."

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

09/20/2000 07:48 8088280778 ..

SI!P-S9-.. ,un, AM ~ :" TAVLOIit tHe

ii Ii :!i ·i: . i

.... CASING

WBLL BLBV ATION WELL , U20-30

BAY RANCH

T. . .(4)4-9·11:01

PAGE 02

P •• ' /

. ;! LICIUISBI) ,aO,."IOHAL LAND SUaVIYo. No.fl.'

:'

;$. UIED: + 0" AIVTMBNT OP 'WAJAltALUA •• IDOB U •• Ta."., SI!)! ::nL~V"TION or a-n."7' ".a.lo. INtOaMAT10N ,aovioap .y ,TA'I'.

VI 0

02114/20.~.0 10: 06 8088280778 PAGE 03

PUMP INSTALLATION PERMIT MolD_ Bay Ranch ... Well. Well No. 1120:39

. .. ... ' .. ..... ~

In accordance with ~ment of Land and Natural RNOurces. Commission on Water Resource Managemenfli Adminiwative Rule&, Section 13-168. entitled !Water Uss, Wella. and Stream Divensicn Worke". this document pennlts the pump installation for Moloaa Bay ~nch'" Well (Well Nd. 1120-30) at , Koo"u Road, Mol~., Kaual ,TMK 4-9-11-1, subject to the HawaII Well Construction & Pump Installation Standards (1~3/9Zl WhIch include but are not limited to the following conditions:

1.

2.

3.

4.

;

The ChalrpunlQll ~the Comn'IiMlon on W.mu Raource Managarnent (Commiuion), P.O. Boll 621, HonOlulu, HI 98808, ahall b8 notlfled, In writing, at lent _1(2) weeks before any work cownd by this permit commencel and staff shall be allowed to Inspect installatIOn activities in ItCCOrdllOQl with '1~168-1fi, HawaII Administt8tlve Rulea.

The pump InatallatlQn pOmllt ehall be for installation of a 2& !lpm capactty, or leA, pump In the _I. The permlttlle Sh:t: plOIIIde and maintain an approved rnBtar or other appropriate meant for meuuring and repol1lng withdrawals and water level8. and appro lB dev\cea or mIIans for meeeuring chlorides and temperature. These data shall be measured monthly and reported to the eornmls6ion on an nual .Is, on forms pJ01llded by the Chairperaon (ettached). ,

/

The propolled UlI8 ~all not adversely afrect existing or future legal usee of water in the atea, Including any BUrface water or eatabllshed instream flow standarda. Thllt permit or the authorization to pump water from a WRlI ahall not constItUte a determination of correlative water righbl. The permittee Is notifMd!and by 1hI5 proviBion undurSta" that the quantity of water taken frQrn.thaW!!/.1 ~ulCf ~_rgdu~ by~ Comm~il)_nln the _. __ _ Mure. this pennlt " not a commitment that the pump capacity permitted hare Dr IIYVn lome IMHr amollnt if, guarantHd in the future.

5.

6.

1.

8.

9.

10.

11.

The permittee ltIaI~ complete and submit ae-bulit drawlngll and Part II - (Pennanent) Pump Installation Report of the Well Completion Ruport (attached) 10 the C!-lrpenlOn within abcty (80) day. aftar mmpletiOn of work.

Tha permittee ahall !comply with all IIPPliCaDie laM, rulall, and ordlnanlleS, and non-compllanoa may be grounds for revocatiQn of this permit.

The pump instll.n permit application is incorpora~ Into this parmit by reference and 1& subject to tha Hawaii Well COnstruction & Pump Installation Sfandaljds (1123197). If the HWCPIS are not followed _ .. a consequence water Is wasted or contaminated, a lien on the

property may ~

The permit may be ~ If work 1& not started within six (8) montha after the da of IIpproval or if work ill suspended or abandoned for six (8) montha, unlele ~rwIIe specifiod. The work propoeed In the ptnlp inltalllltion pennit application ahal be completed within two (2) JCl3rB from the du of permit p!OVaI, unleH otherwlee epac:ified. The permit may be extended by the Chal~n upon • showing of good cause and good..f8lith pedo ROe. A request to uland tha pannlt ahall be lubmlted to tlla ChairpanlOn no later than tIl..- (3) months! prior to the date the permit expires. If. commencemant date III not met, the Commission may revoke the permit after giving the permittall notic& of the proposed action and an oppoftunity to be heard.

If tha _II is not to be used it must be properly capped. If the well is to be abandoned then the permittee must apply for a well abandonment permk In ac:cord'~ with 513-188-12(1) prior to any well I8IIlIng or plugging work.

The permittee, Ita ~uceeuorll, and assigns shall Indemnify, defend, and hold ttl. Stale of Hawaii harml ... from ,lind ag.-inst any IoaB, liability, claim, or demand fcjr property damage, personal injury, or death arising out of eny eC1 or omlnlon of the applicant, uslgnS!, offlC8f'S, employees, contractors, and ~nhI under this permit or relating 10 or connacted with the granting of thlll permit

Special conditions i~ tha attached cover tranamlttalletter .... incorporated herein by refilrence.

Date of Approval: Jun_ 29,1999 Expiration Date: JU~. 29, .2001

Permittee's Signature! oate:~ (.....J~~~.,¥l~1¢I.M-- Firm or Title: G," «if t1Ob4~'''' Printed Name:

Installer's Signature: C-57, C-571J, or A License #:: a 1'15718 Date;;;2.- e-OO

Printed Name: Firm or TiUe: oa<i5 w &i=«-

• BENJAMIN J CAYETANO o o

~OiIMAWM

REF:CWRM-SS

Mr. Steve Goldberg Oasis Water Systems, Inc. P.O. Box 535 Kilauea, Hawaii 96754

Dear Mr. Goldberg:


COMMISSION ON WATER RESOURCE MANAGEMENT P.O, BOX 621

HONOlUlU.HAYVAH ~

J I II _ r- 'C. J9 UL 0 " .. JV

Pump Installation Permit Moloaa Bay Ranch #1 (Well No. 1120-30)

TIMOTHY E JOHNS .,...,.,...... BRUCE S. ANDERSON ROBERT G GlW.D BRIAN C. NISHIDA

DAVID A.. NOBRIG.f. HERBERT M RICHARDS. JR

lINNEL T. NISHIOKA DUUTY~OA

Enclosed are two (2) originals of your approved Pump Installation Permit for the captioned well(s) that authorize permanent pump installation work for your well(s). As part of the Chairperson's approval, the following special conditions were added and are part of your permit under Permit Condition 11:

Special Conditions

1. (NONE)

The permittee is responsible for all conditions of the permit. This Includes ensuring that the pump installation contractor submits a completed Part II of the Well Completion Report form (enclosed) within sixty (60) days after the pump is installed. Be advised that you may be subject to fines of up to $1000 per day for any violations of your permit conditions starting from the permit approval date.

To validate your pump installation permit, please sign and have the contractor sign both permit Originals and return one for our files. A copy of the Well Completion Report (Part II) and a copy of your water use report form are enclosed for your use.

IMPORTANT - Unless specifically exempted, pump installation may not proceed without a validated permit returned to the Commission. Except for the monthly water use report form, please provide copies of all the Information in this packet to your pump Installation contractor.

Finally, this letter is notice that we have accepted your Well Completion Report - Part I as complete.

If you have any questions, please call the Commission staff at 587-0218 or toll-free at 274-3141, extension 70218.

Aloha,

~~H~~t ~

Chairperson

Enclosure

Q PUMP INSTALLATION PERM", . oloaa Bay Ranch #1 Well,·Weli No. '-'0-30

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 Moloaa Bay Ranch #1 Well (Well No. 1120-30) at , Koolau Road, Moloaa, Kaual ,TMK 4-9-11·1, subject to the Hawaii Well Construction & PU":"lP Installation Standards (112319D which indude but are not limited to the following conditions:

1. The Chairperson to the Commission on Water Resource Management (Commission), P.O. Box 621, Honolulu, HI 96809, shall be notifl8C in writing, at least two (2) weeks before any work covered by this pennit commences and staff shall be allowed to inspect installation activities in accordance with §13-168-15, Hawaii Administrative Rules.

2. The pump installation pennit shall be for installation of a 25 gpm capacity, or less, pump in the well.

3. The pennittee shall provide and maintain an approved meter or other appropriate means for measuring and reporting withdrawals and .. /lir.er levels, and appropriate devices or means for measuring chlorides and temperature. These data shall be measured monthly and reported to ~ Commission on an annual basis, on fonns provided by the Chairperson (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 inslream flow standards. This pennit or the authorization to pump water from a well shall not constitute a detennination of correlative water rights. The pennittee 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 pennit is not a commitment that the pump capacity pennitted here or even some lesser amount is guaranteed in the future.

5. The pennittee shall complete and submit as-buiH drawings and Part II - (Pennanent) Pump Installation Report of the Well Completion Re.;;ort (attached) to the Chairperson within sixty (60) days after completion of work.

6. The pennittee shall comply with all applicable laws, rules, and ordinances, and non-compliance may be grounds for revocation of this pennit.

7. The pump installation pennit application is incorporated into this pennit by reference and is subject to the Hawaii Well Construction & PL.,-np Installation Standards (1/23197). If the HWCPIS are not followed and as a consequence water is wasted or contaminated, a lien on the property may result

8. The pennit 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 shaH be completed within two (2) years from the date of pennit approval. unless otherwise specified. The pennit may be extended by the Chairperson upon a showing of good cause and good-faith perfonnance. A request to extend the pennit shall be submitted to the Chairperson no later than three (3) months prior to the date the pennit expires. If the commencement date is not met, the Commission may revoke the pennit after giving the pennittee 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 pennittee must apply for a well abandonment pennit in accordance with §13-168-12(f) prior to any well sealing or plugging work.

10. The pennittee, its successors, and assigns shall indemnify, defend, and hold the State of Hawaii hannless from and against any loss, liabc:ty, 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 penni! or relating to or connected with the granting of this permit.

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

Date of Approval: June 29, 1999 Expiration Date: June 29, 2001 nagement

I have read the conditions and Ienns of this pennlt 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 do not hold a valid pennlt until I and the pump Installer have signed, dated, and returned the pennlt to the Commission. I also understand that non-compliance with any pennlt condition may be grounds for revocation and fines of up to $1000 per day starting from the pennlt dale of approval.

Permittee's Signature: _______________ _ Date: ____ _

Printed Name: Firm or Title: _______________ _

Installer's Signature: ___________ C-S7, C-57a, or A License #: ____ _ Date: ___ _

Printed Name: Firm or Title: ______________ _

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

Attachments c: USGS

Department of Health! Safe Drinking Water & Wastewater Branch Kauai Department of Water Supply

I WCR 1 Check for Well No. 1120-30 (survey to regulation memo)

1. Pump Tests Check Glenn Bauer ____ (initial) Yes No

Step-Drawdown Test: acceptable 0 followed WCPI Stds 0 analysis attached 0 proposed pump cap o.k. 0

Aquifer Pump Test: acceptable followed WCPI Stds T & S analysis attached

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

analysis attached

o o o

o

o o o o

o o o

o

If no. describe deficiency

Stream Surface Water Impacted: o o .- If yes, identify most probable stream

2. Construction Check Mitch Ohye

data complete followed WCPI Stds wellphys.dbf updated welaplic.dbf updated

IJ (initial) Yes No

~-

o 0 o 0 o 0

If no. describe deficiency

\.JJ Ii-. 7

06/24/99

~'~~V 1;~\ tH~(t-6F{:

Oasis Water S~tems, Inc. License #C-21457

P.OBOX535 KILAUEA, HI 96754 Phone: 800--82a..ea76

June 21. 1999

State of Hawaii Commission on Water Resource Management P.O. Box 621 Honolulu, Hi 96809

Re: Well Completion Report

Dear Sir or Madam:

o Steve Goldberg Vice President General Manager

Barry Simmons Drilling Specialist Ucense #C-21458

Enclosed please find the Well Completion Report for the well known as Moloaa Bay Ranch #1, State Well No. 1120-30.

Sincerely,

Steve Goldberg SGnam Enclosure

Qate of Hawaii 0 COMMISSION ON WATER RESOURCE MANAGEMENT Department of Land and Natural Resour~ C E IV E D

WELL COMPLETION REPORT 9 S JUN 22 ~~/~8 a3R Form

Part I. Well Construction & Part II. Permenant Pump Installation

Instructions: Please print or type and submit completed report within 60 days after well completion~'J.. ~~+i&icW. fIt~(~Resource Management, P.O. Box 621, Honolulu, Hawaii 96809. An as-built drawing of the well and chemical '.sl~r$ ~ ~ ~. be:.~ff¥ted. For assistance call the Commission Regulation Branch at 587-0225, or 1-800-468-4644 Extension 70225. . UUi~ I ,1\. ~\;)tl

1. State Well No.: 1120-30 Well Name: Moloaa Bay Ranch #1 Island:...IK~aiLloYl.lilalLi ____ _ 2. Location/Address: Koolay Road. Moloaa. Kauai Tax Map Key:-=4L;;-9L-;.J.1...L1-~1 ___ _

.... :>::::::.:.«: ...... : :.:".::'.:":> .. - ...... :. .. :::.:: .. :::.: ...... :..:-........ . .. »::-:-:.:-:-:- .... .

PART 1. WELl.. .. CONSTRt.JCTIQNREPORT

3. Drilling Company: ~.,c.....;.-"-:::.!....:"",",,,----,W::;..;:;..' '7"T""'---'-----'--=---''-*~.....",.:!....!..lIl>J.----'....:....L=-4. Name of driller who perfornwd work:. (L" ~ M 0

5. Type of rig/construction: ~ at- CrQ... ~ r l 6. Date(s) Well Construction and pump test' (if any) completed: A pS2.. i \ '19 / ?co. D4- ~ 7. GROUND ELEVATION (referenced to mean sea lev~I, msl): . ftf- c.,<.ass

Well Bench Mark (descriptionllocation): WAI e 5 - ('ol'(I~levation(msl): ~4Z't7ft. 8. DRILLER'S LOG: Please attach geologic log (if available or if req ired by permit)

Depths (ft.) Rock Description, Water Level, Dates, etc. Depths (ft.) Rock Description, Water Level, Dates, etc.

__ to r ..... v"'-'u:.....~=..;....._,_______ __to ____________ _ ____ to_~ ____ . ___________ ~~------~ ____ to _______________________ __

(If more space is needed, continue on back.)

9. Total depth of well below ground: G I I ft. 10. Hole size: \5 'I inch dia. from Q ft. to Lf aD ft. below ground

B. 3/'-1 inch dia. from Ljoo ft. to GIl ft. below ground _________ inch dia. from ft. to ______ ft. below ground

11. Casing installed: 81'6 in. I.D. x .375 in. wall solid section to '-laO ft. below ground Gin. I.D. x (:325 in. wall perforated section to 600 ft. below ground

Casing Material/Slot Size: "/'-1/' $:\ce./ 12. Annulus: Gro~ from 0 ft. below ground to 3 15ft. below ground

Gffivel P9Gked from -- ft. below ground to ft. below ground

~! :~~:: ~~~:~:~ekl1¥ ft. below ::d1'U g::::~~ ::~: ~: :e~~~~~ent ~ ~A ~'/~ ~~

15. Initial temperature: ----!Z I of'';'''':Date 9/idtimeof measurement: I \ l' ( \ I

16. PUMPING TESTS: Reference Point (RP.) used:: \ Of {) LCvt5l¥ ,which elevation is2;7?s.53 ft. ~o?.1l (1) Step-Drawdown Te~, ?~2-2...-5q:-___ "~0J..0ng-(etm Aquifer Test Date /Il7iil/L 7.-~

Start water I~vel =' ft. below RP.·..--1 Start water level ;;t3~ ft. below RP. End water level _ ft. below RP. End water level 23;2... ft. below RP.

17. Pump Test Procedures data & graphs (15117/97 SOPTO & CRPTO Forms) attached? __ Yes l2"No 18. As-built drawings attached attached? J(Yes __ No 19. Other remarks/comments: (On back of this form)

::~a~~:ng comrnclO'Z;X&;a. Surveyor (print) Sc e: A t+ Pte \-..~ Signature

Applicant (print)

Signature

C-57 Lic. No ...... d..a.......Ll_j ..... S ............. 7_-----==<5 ....... f2<--___ _ Date ----"'~'--~__'l'---_".:......~-'---___ _

Lic. No. _______________ _

Date ____________ _

Date G, - t ?., -~ 'i

2/27/98 WCR Form

... . ....

Ip~RT II. (PEBMANENTrpUMp·INSTALLATIONREPORT I 20. Pump Installation Company: 21. Name of person performing work: 22. Date Pump Installation Completed: 23. PUMP INSTALLATION:

Pump Type, Make, Serial No.: Capacity: gpm Motor type, H.P., Voltage, rpm: Depth of Pump Intake Setting ft. below 0 ground o well bench mark Depth to bottom of airline ft. below 0 ground o well bench mark Pumping H!3ad is ft. Type of flow meter: which measures in

24. As-built drawings attached attached? _ Yes - No 25. Other remarks/comments: (See be/ow)

Pump Installation Contractor'1printJ C-57 Lic. No.

Signature Date

Applicant (print) ...

Signature Date

8. (cont'd) DRILLER'S LOG (cont'd):

Depths (ft.) Rock Description, Water Level, Dates, etc. Rock Description, Water Level, Dates, etc.

~to~ ~~~~~~Y-~~--~ ~to~ ~~~~~~~~~~~ ~ to 12£ ~-=!..:...!::.<L!.Ht---r-L..LL~t....=...-~!q-..=::.:u ~to~ ~~+-~~~~~~~~ __

~:~ ~ ---"A=?'-""""+>'-L..f-r-:------- _-_-_- to === ----------2bO..-to~ to '1Jl... to~ ~)J~ to== __________ _

rr-=1- ::::--::::::::-_:::::~::::--::::::::--= .. ========================= ~to ____ to ____________________________ __

W- to (",J"I$ ____ to ____________________________ _

~to~ ~~~~~~~~~~~~ZO=~9 ____ to ____________________________ _ ~ to.2t2. ____ to ____________________________ _

5b~ to~~~~~~~~~-=--~ to &11.- _____ LI-=-'''''''-=~~-----

____ to ____________________________ _ ____ to ____________________________ _

19.& 25. Remarks: ________________________________ _

--- .. ..:.--~-.-. -.--.--- ....... . , rl l!1III

110 6456

o Stllta of Hawaii COMPt'ISSION ON WATER RESOURCE MANAGEMENT Department of Lind and Natural RHOUrc ..

WELL COMPLETION REPORT 2127198 WCFt Form

1. s .... 'Ntll No.:Jj20,JQ Well Name: MelM' lay baeb ., T M lal:n~: ~\u:~ " a. LocatJon/ACIcIred! ..1M' ..... Mplp'" KaY'1 a. Ip :i':II:lIC·~"'· '-----

Drilling Comptny: ..!...l.t.~~~~~!:foJ~~J.SIl='~~~~ Name of driller who parforrl)fd ~: ~ ~ ~~~~ Type of t;aloonlttUctian: J=tQt~Q.. " 0.1(.) Wtll coMtrUction and pump t" (if .ny) completed:: I QROUND ELEVAnON (referencecl to mean ... level, mil): _~~~~-,,-,.,t.J..4!S

Well aench M.k (dt.c~onl1ocado"): . oJ",,' COI'''!levltlon(mtl): a4Z'I7tt., •. DRILLER'S LOG: Pi ..... ft.~h geologIC log (;1 ''1III.ble or if req d DY ".rmif)

Deptl'll (ft.) R~ DeICl'lP.'ion, water l.~l. 0."" tlc. Depfls (ft,) Rod! DetaflpVcn, Wtlter level, Datt., etc. __ ~~~ro~~~' ______ --- __ to __ - ___ -------to_ " _ ¥ _to ___ ---------

(tf mol'll ,ptee I. ""tied, C(/IJfIr)lJ' 011 D.ck.1

9. Total depth of well below ground: "II ft. 1 0. Hole size: 15 fl Inch dll. from D ft. to _~'i.:::OOx..._ ft. btlow Vround

B. 1]~ Inch dil, from L"iri'~ ft. to All ft, below ground v inch dla, from ft. to 1t bllaw ground

11. CHins Inftlll'd:~ln. I.D,)( :375 In. Will seliC section to '180 ft. bllow ground ~In. I.C. J( ~J.s in. w.11 ~tforatld HCtic" 10 600 ft. below Qn)Ynd eulng Material/Slot SIZt:"J~ sl~c=1

12. Annulus: Grouted from 0 ft. below grou"d to '3 75ft, btlow ground Gravel packed from - ft below ground to ft. below ground

13, In~lal water I.vet 1'1") ft. below ground, Cit. and tlmt of measurement P1~ .'1 ,., 14. '"~ial chloride: .il' m ~ ....... Date and time of Hmptin9: t.~ 'a. '1:' '" 15, Initial temperature:!7j 'F time of rneuuremtnt: _1.\ ~ I L '\'

18. PUMPING TESTS: Reference Point (R.P.) UMd: I which tltv.tion i.~ ~:.~ ft. (1) Step.Dl'IWdown T8I1 Oate 3-2.-2-"5' (21 Lang.t AQuifer Tnt Datl.lIIiii£!¥L

Stan water _ :+:z. ft. below R.P. Start WIt.r livel ¢ 'r.., ft. below M.P. End water level ), ,p... ft. beknN It.P. End water level :z.3!l.. ft. below ~.p,

17. Pump T .. , proeedul'e& dati' triP"" (1J.117187 S()PTtJ' CRPTD Ferm.) attached? _ vel""J2'No 18, Ae-bloliit dl'lwlng. attached at\Ichld'?.JtVH _ No 18. Other remlrMllcommttnta: (0" ".o/( of thit form)

:="c.-.a;~ SUt'l8yOt (print) !lc:e:.. AHN1\..,J Signal~r.

Appll¢al'lt (print)

SlgMture

C-57 Lie, No. ;11 ~ S 7 -S8 0.1. __________ _

Litl, No, __________ _ Oa'e ___________ _

Oate

o 0 As Built Drawing Well tJ 112-o-3Q /lJo/ofl/t Btk(f?twd,4f.1

I

/ '?o'l.. \\ ~\ .,..-...-~

a'

\511

Diameter Grouted Bore Hole---- .

~l<' I -.lo.:2.::........:...v::::...---.:::G~ro=ut~d Bore HoI&-------------. .. ~-

~ \ \

Water Level-----------------

§ '31 i Diameter Bore Hole-----------'

I f"

. \'10 G Perforated CaSing------r

l- 1

o o

.. / 1\ ",:-,cJir- •

~ CASING

III III III

WELL ELEV ATION WELL # 1120-30

OWNER:MOLOAA BAY RANCH

T .M.K.( 4 )4-9-11:01

J l. PETER N. TA ;LOR

LICENSED PROFES~IONAL LAND SURVEYOR No.9149

FEB. 01 as

Tom Nance Water Resource Engineering

MEMORANDUM

TO:

FROM:

o

Steve Goldberg - Oasis

TomNance~

o

April 14, 1999 99/203 (99-09)

SUBJECT: Test Results for Well 1120-30 at Moloaa Bay for Submittal to the Water Commission (Revised With Data for the Last Two Samples)

Attached results include: a plot of the March 22nd step test results; the recorded water level

during the March 22 to 24 constant rate test; and conductivity and chloride results for both of the

constant rate tests (in the tables below).

March 22-24, 1999 Pump Test April 6-7, 1999 Pump Test

Conductivity Chlorides Conductivity Chlorides Day Time (~mhos) (MG/L) Day Time (~mhos) (MG/L)

22 1700 986 232 6 1700 601 125

2100 894 220 2100 569 106

23 0100 802 181 7 0100 583 112

0500 748 179 0500 582 112

0900 720 174 0900 573 110

1300 705 149 1300 561 107

1700 691 145 1700 552 104 2100 683 143

24 0100 673 142

0500 673 141 0900 669 139

1300 667 138

1700 663 138

cc: Clark Lipscomb

Attachments

680 Ala Moana Boulevard, Suite 406 • Honolulu, Hawaii 96813-5411 • Phone: (808) 537-1141 • Fax: (808) 538-7757· E-mail: [email protected]

-I-W w !:S z 5 o s: « 0: o

o o

RYAN RANCH WELL (8T A TE NO. 1120-30) MARCH 22, 1999 STEP-DRAWDOWN TEST

1 .0 -,---,-------,----:-. -----"7.-__ .,-----,-. ---:---,----:--__, . . . . . . .

j ..::! 0.9

j ..................•............................... ····i········ ········1·················.··················1··················t············

: ~!;::

08 ~ii!ili- .... ; .................. ; ............ . I • . . • • •

0.3~ .................................. . I . .

-i • • I . • I • • 0.2r .. · .......... · .... · .. ·· ........ ··· .. ·

I •

l 0.11'

l o . 0 ~I --,------;-I----r--:-I -'--;-1 ----,---r----r---r-I----r-----j-,--,----.,.--r--,----r-.....,..---j

o 10 20 30 40 50 60 70 80 90 100 FLOWRATE (GPM)

o

o

I \-K! ;J) ~'

! ~

8.0

RYAN RANCH WELL (STATE NO. 1120-30) MARCH 22 TO 24, 1999 PUMP TEST

~.7 7.8 .. ................................................J.....::J: ..J 7.6-'

7.4-

I :: : 1'<"1'1* ." ....... ul2<W'-t, .. r .&J. t.i''''+m--j'= "f'""'\b( =~

7.2- _ .. _ ... _ .............. -~... . . ............. -." .... ~ IMP.,·············· --

: r1 ....,.~L........

:::; 7.0- ..... ... . .. . ................. ........ .. ........L ...................../1: "1'"

{ (/)

~ 6.8· I-

~ '6 6.6-...J w > 6.4-' w ...J

a: w 6.2 l-e:(

5 6.0-

5.8·

5.6-

5.4

. r·lrllmPI,'I'1 i I" 'I' 1" ~II~

.............. ...•. ..... ....... . ..... ··,1· ••••••••••••••.•••••• •• ••. ..... .... ... . ......... .

5.2-1· i· ............... ~ ................................. l... ····r· : ' 5. O+--.....,~I---,-·+- I ···,--T--T· i --,---i-----,--,.~·+-·-I·-r-r--T-,.

22 22.5 23 23.5 24 24.5 25 DAY IN MARCH 1999

.;

,.-----,··---r-r-~l

25.5 26

1120-30 Moloaa Ranch 1

----_._---------------------. DEC.29.19gs 5:41PM CORNERSTONE Hct.DINGS LLC NO.619 P.2

.,'

1.

2.

3.

~.

5.

. -----1:.

1.

a.

9.

10.

11.

12,

WEll CONSTRUCTION PERMIt" MoJo •• B.y Ranch #1 Well. Well No. 1120-30

Tht CNirpMon of .... CanmIsaIon 01'1 Waler Res<K.rOe ~nl (Corrmaion). P.O. Box 1521. Honolulu. HI;eeog. sh:all be notified, In WI1tng. at least two (2) weeki bern Iny warIc :31lt11ar1zed 6y Ihi. permit CO/M1tI\Ct$.

Tht weD CGnI~ permit lhan be b COII$~ end testing 01 ,. wei CIIIy. A trinimum ono-lnch ciIrreter I'IIIIIlltor lUbe shlla De permanently 1115ta11td. in. IIIIMII' acceptable 10 It1e Chil!rperJon, lID ICQIt'aIeIy ~ waler levels. The permlUet IfIIII caotdInall wilh the Chairpel'$011 lind conduct a pu~na test In act::ordInce WIth !he Standards (a pumll "'6"0 WOtttsheet Is .-htd). l'ht Ptmitlee shaU IUbmit to 1M ChailJlQlSon lilt lIS I mulls as a bas" fer ~ 111 appflCa~OII 10 instil • pel'llWlent pump and wi1hcQN wNt tor use. No perTTliII1Int IXII'lP may be ins131C1d lin' ,pump inltallallan II8IITIIt Is approved and ,"utel by !he ChaIrperson.

In ba$1I ~nd water. tltl dcpCh of 1M _I tniIy nat exceed one-fow1h (1") of V'IIlJeorelJcaI 1h~t$1J (41 times Inllial had) of lilt baRl grou~ walei' unless otllerWlse dorized by tht Cha/lpnot'l.

The pennlttee shall ilKXlCJlOl'1" mltigatiCn n'IIaIures 10 Pl'GYGnt consCNction debris tam .nfttlng toe IQUiltiC envtronment, 10 s~ wort< 10 .\/Old periods of high rainfall, and b IeV8gltate MY c:ltartd I"" IS loon ill POSSible.

In ." event thlt lJubsutt.c. cullUl'll "mem such IS al1ifllct&, buffIIt or ClQllCennlons of stieRs or chan:oal art eIlCOUI'Il_ (luring cons~. tie pen1\ilile shal slop wtIItI and conIaOlIhe Dep;utmenf, HistIOrie PrallVllon DIVIsion ~.()(J45) lIntNdialely.

~ ~ Wwil ~ ";0 nOUdverse/y ~ .. ~ or~ i91 111. or~~ In ~·na.-~;;~; any ,~-; ';;'~r-;- . established ~ Cow lI,-nd.rds. T1Ib perml or IN ~ to CIOnS1rUd !he WIll shIIIl'IDt aJrlllIIIJt. I d'tennin.6on of ecm.Iltiva wa. rights.

The 10110\\;"0 Shall be submIIIIId to tilt CIIaitP«1on witlin $kty (GO) _ IfW ~etion of~: .. Well ~ repoct. (1UIChed ~ Par1', WI QH1ItnIcUon Report), b. E.leYaGon (referenced to mean .11 level. msf) IUIVIV by a HawiH-lletnstd swveyor. c. .'Hulk sectiOIIIiII drawing of tte well. d. Plot plan I/Id map shcMIng !he exact Ioc:eb of hi .11. e. ~Ie IlU'IIPIn; _t rtCords. Inclulflflg time, PUIIIPing ... It, nwdown. c:hIorIcfe CXX'IWlnl, and oOltr data.

The permlltM "'al ocmpIy w/Itl .. a ippkWlI laws. rules, and ~ nan-compIianoe may bt VOUIlds fer rwacaIforI of Ilia penniL

1lII WIll IXXIStvdion pemit i1ppOClfon Is InCOl'PCl'lted inlo this permit by refwence end ill sublKt to tilt Hawaii Wei Conr~ & Pump Installa~ Standanls (January 23, 1991; HWCPIS). If the HWCPIS n not followed and il5 a COI'IstQvenc:e water IsWISted (X CIOntamnallld. a lien on the proper1y may result

The perm! may be ~ed by Itte Comnisslon If 'NOI1I1s not .ratted Wilhin SIx (6) mon(fls aftet II'\e dale of aIJP"Wt/ or If W'OIk is suspended or :Abandoned for IIx (6) mon~. ullftw .rwit. lpec:ilild. Tht ~ proposed in lie well constnIctiocI penm _~ shll be compleled ¥rit1in Iwo (2) y ..... from !he dlte 01 penn! iPPIM, unlesl 0IIerwiae apedIIed. 'TlIe penrit may be exCendIct by !he Chairperson upon • showing of goadClUfe and good.faith J)e/formanw. A I1CIIItst to elClend .,. perrrit .hal be Sllbmilled tg Ole ChlirpetSCn no IaII!f lhan three (~) monD\s prfor 10 tie data the pemft expires. If h! ~I da. is I'IOC met. !he ComIIsIon may revoke the pennll after gMng lie pemilk:e notice of !he J)RlpQ!ed ac50n Ind 11\ oppottIinl\' 10 be heard.

If the we" Is net IE) '" UMd It mast be p!ypetIy capped. If 1M wells to bIt...,1X1ed "'" tie perrrilflle ml$t.ppIy for ."""abandonment pennll '" ICCOtdanat wilh §13-168-12(f) prier to any well _~ or pIuvgIng WOI1t.

5pK!i11 condlli«1s In lie attached cover IriJnsll'\l1!a/ leiter IAJ 1nCiarpcnt.d ,.,..", by reference.

. .D,!t'j)f ~~r;9'@J; .. No'(emb.,.j2p 1.9.98 -. __ expi,.ion Date: November 1Z, 2000

w ........ \J"',::".. •• • , ;et'son· lOll on Water Rtsource Management

I have read the condltions and terms of this permit and understand them. I acc:ept and agree to meel Ihese conditions CHi a prerequisite 8nd underlying condItion of my ab' to eeed and U ersf3nd that I do not hold a vllid permit unlill and the driller have signed, dated,.nd "'turned rmit the mission. SO understand that nono(",OMpnance with Clny permit colldiUon may be grounds for revocatio Ij s p t 000 per ~

! Permittee's Signatu~~I-~,..C!!:.."--J.~~~;.e~~....:......---

Printed Namo: . " "

Dale: l~fI/~/ Finn or Title:~ ~1i!::!d\, Ut:..

Gel'\U"1t ~el'

Driller's Signalure: license #: Ql/1ft Oate; I.;} dP· z:r Printed Name: Firm Dr Tille: <'1t.s/s4Io!u, Sr:;sfenzs Plea$e sign both copies of this permit, "tum one to the Chairperson, ,nrl rotlln the other tor your records.

Altactmenl c: USGS

DIp;Ir1menI or H.ntII $aft Orinklng Waler. Wulawallr. and Clean Water Branches ~ual OtPlrtrrwnt of Wiler Supply Clarlt Lipscomb, Moloail SlY Rlnc:h LLC

j'

.. '. '"

• • • •

To: Lenore

Company:

Fax number: +1 (808) 587-0219

Business phone:

From: LlCIA MCDONALD

Fax number: +1 (0) 000-0000

Business phone:

Home phone:

Date & Time:

Pages:

1/28/99 7:00:23 PM

2

• • • • • • • • • •

Re: Renotification of commencement

Hi Lenore, Following are copies of our notification. Thanks Steve, Oasis Water inc. \-" Ii (- :.: (') \AGl01- D. "54---( Rl'..~\c..l-i .il I

/

· ....

Jan. 5, 1999

State Of Hawaii Water Commission A IT: Chairperson

Dear Sir,

Oasis Water Systems, Inc .. . P.O BOX 535

KILAUEA, HI 96754 Phone: 808-828-6876

Fax # 808-587-0219

Please be advised that Oasis Water, Inc. License No. C-21457, will begin work on the Moloaa Bay Ranch #1 Well, Well No. 1120-30 in two weeks.

Sincerely,

Steve Goldberg Oasis Water inc. C-21457

/

BENJAMIN J. CAYETANO GOVERNOR Of HAWAII

REF:CWRM-SS

Mr. Steve Goldberg

o o




NOV 17 !998

Oasis Water Systems, Inc. P.O. Box 535 Kilauea, Hawaii 96754

Dear Mr. Goldberg:

Well Construction Permit Moloaa Bay Ranch #1 (Well No. 1120-30)

MICHAEL D. WILSON CiWRPERSOH

ROBERT G. GIRALD DAVID A. NOBRIGA

LAWRENCE H. MilKE RICHARD H. COX

HERBERT M. RICHARDS, JR

TIMOTHY E. JOHNS DEPUTY DfRECTOR

Enclosed are two (2) copies of your approved Well Construction Permit for the captioned well(s) which authorizes well construction activities but excludes installation work for your permanent pump. As part of the Chairperson's approval, the following special conditions were added and are part of your permit under Permit Condition 12:

Special Conditions

1. Attached for your information is a copy of the Department of Health's (DOH) review conunents. Please note DOH's requirements related to discharge of emuent from wen drilling and testing activities.

2. The wan thickness of wen casing shaD be selected in accordance with good design practices applied with due consideration to conditions at the site of the wen and shaD be sufficient to withstand anticipated formation and hydrostatic pressures imposed on the casing during its installation, grouting, wen development, and use.

3. To prevent surface contamination, the annular space of aD cased non-artesian weDs (except monitor weDs designed for inunediate and short-term monitoring purposes and subsequent abandonment) must be sealed with grout from the ground surface to a minimum depth of 500 feet or 70% of the vertical distance between the ground surface and the top of the aquifer selected for exploration, long-term monitoring, or development, whichever depth is less.

4. Condition 2 is modified to exempt the permittee from the requirements for a pump test.

5. Condition 7.e. is waived.

This permit does not authorize work for your permanent pump installation. Approval and issuance of your pump installation permit is contingent upon completed application and information provided to and accepted by Commission staff as required in the Well Construction & Pump Installation Standards (1123/97) and any special conditions performed under this permit. However, in accordance with the Commission's April 15, 1998 Declaratory Ruling No. DECADM98-G5, which states that:

/

Mr. Steve Goldberg Page 2

NOV 17 1998

o o

"Permanent pump installation for capacities between 0-70 gpm and where the proposed use is for private individual needs in non-ground-water management areas may be allowed prior to the final pump installation permit issuance. When required as a condition of the well construction permit, subsequent pumping tests shall validate the acceptability of the permanent pump. The permanent pump installed prior to final pump installation permit issuance is subject to removal if the testing shows that a smaller pump is required to reduce the potential of affecting neighboring wells and localized upconing at the applicant's well. ",

a permanent pump may be installed prior to the permanent pump installation permit issuance. If you qualify and wish to take advantage of this ruling, please include a written request to install the permanent pump prior to final pump installation permit issuance when you return to us your validated well construction permit.

To validate your permit, please sign and have the landowner sign both permit originals and return one for our files.

IMPORTANT - The permittee is responsible for all conditions of the permit. This includes ensuring that the well construction contractor, or other party who constructs the well(s), submits a completed Part I of the Well Completion Report form (enclosed) within sixty (60) days after the well construction work is completed. Be advised that you may be subject to rmes of up to $1000 per day for any violations of your permit conditions.

If you have any questions, please call the Commission staff at 587-0218 or toll-free at 274-3141 (Kauai), extension 70218.

Aloha,

Chairperson

Enclosures

o 0 WELL CONSTRUCTION PERMIT

Moloaa Bay Ranch #1 Well, Well No. 1120-30 In accordance with Department of Land and Natural Resources, Commission on Water Resource Managemenrs Administrative Rules, Section 13-168, entitled "Water Use, Wells, and Stream Diversion Works·, this document permits the construction and testing of Moloaa Bay Ranch #1 Well (Well No. 1120-30) at Koolau Road, Moloaa, Kauai, TMK4-9-11-1, subject to the Hawaii Well Construction & Pump Installation Standards (1123197) which include but are not limited to the follOWing conditions:

1. The Chairperson 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.

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 acceptable to the Chairperson, to accurately record water levels. The permittee shall coordinate with the Chairperson and conduct a pumping test in accordance with the Standards (a pump testing worksheet is attached). The permittee shall submit to the Chairperson the test results as a basis for supporting an application to install a permanent pump and withdraw water for use. No permanent pump may be installed until a pump installation permit is approved and issued by the Chairperson.

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 basal 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 cleared areas as soon as possible.

5. In the event that subsurface cultural remains such as artifacts, burials or concentrations of shells or charcoal are encountered during construction, the permittee shall stop work and contact the Departmenrs Historic Preservation Division (587-0045) immediately.

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

7. The following shall be submitted to the Chairperson within sixty (60) days after completion of work: a. Well completion 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 records, including time, pumping rate, drawdown, chloride content, and other data.

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

9. The well construction permit application is incorporated into this permit by 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 the property may result.

10. The permit may be revoked by the Commission 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 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 three (3) months prior to the date the permit expires. If the commencement 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.

11. If the well is not to be used it must be properly capped. If the well is to be abandoned then the permittee must apply for a well abandonment permit in accordance with §13-168-12(f) prior to any well sealing or plugging work.

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

Date of Approval: November 12, 1998 Expiration Date: November 12, 2000

, alrperson Ion 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 do not hold a valid permit until I and the driller have signed, dated, and returned the permit to the Commission. I also understand that non-compliance with any permit condition may be grounds for revocation and fines of up to $1000 per day.

Permittee's Signature: _________________ _ Date: ____ _

Printed Name: Firm or Title: ___________ _

Driller's Signature: License #: ------ Date: ____ _

Printed Name: Firm or Title: ___________ _

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

Attachment c: USGS

Department of Health! Safe Drinking Water, Wastewater, and Clean Water Branches Kauai Department of Water Supply Clark Lipscomb, Moloaa Bay Ranch LLC

/

Well No.

Well Name

Applicant

o 1120-30

moloaa bay ranch #1

moloaa bay ranch IIc

SECTION 1: WELL LOCATION INFORMATION

Island

Aquifer System

Aquifer Sector

KAUAI

LIHUE

KILAUEA

data

Date of Review Reviewer

Proposed Use

o

Proposed Withdrawal

System Sustainable Yield

10/14/98

LN

Domestic

36000

17

SECTION 2: WELL SECTION DATA (enter data in grey cells only)

Elevation at top of casing

Ground Elevation

Cement Grout

Rock Packing

Hole Diameter

Total Depth

Estimated Head

Calculated Aquifer Thickness

County Water Supply (YIN ?)

ft., m.s.1.

2870 ft.

Solid Casing

Material

Designation

Length

Diameter

Wall Thickness

Casing

Material

Designation

Length ft. Diameter in.

Wall Thickness in.

Openings sq.in.ll.f.

Open Hole

Length ft. Diameter in.

SECTION 3: CHECKLIST (values to check are shaded)

Well Depth

Theoretical Thickness of Aquifer

1/4 Aquifer Thickness

Depth of Well below Sea Level Well Casing

Minimum Wall Thickness

Material

County or Non-County

Minimum Thickness per standards

Wall Thickness Provided Minimum Length of Solid Casing

90% of ground to top of aquifer

Length of solid casing Provided Casing Material

Annular Space

Depth of Grouting

Calculated Depth of Grouting

Depth of Grouting provided Thickness of Annular Space

PVC

2870 ft. 717.5 ft.

325 ft.

non-county

0.280 in.

0.000 in.

184.5 ft. 452 ft.

Sch40

143.5 ft.

Oft. 4 in. -----

okay (refer to HWCPIS Section 2.2)

too small (refer to HWCPIS Section 2.4 c)

okay (refer to HWCPIS Section 2.4 d) okay (refer to HWCPIS Section 2.4 e)

If the cell above reads #N1A, reference HWCPIS)

not enough

okay

Page 1

(refer to HWCPIS Section 2.6 c) (refer to HWCPIS Section 2.6 d)

L~ I

i I

~

56

......

c BENJAMIN J. CAYETANO

GOVERNOR OF HAWAII MICHAEL D. WILSON

CHAIRPERSON

TO:

FROM:


COMMISSION ON WATER RESOURCE MANAGEMENT P. O. BOX 621


SEP 22 1998

Honorable Lawrence Miike, Director Department of Health Attention: Dennis Tulang, Wastewater Branch

William Wong, Safe Drinking Water Branch

fq~ Michael D. Wilson, Chairperson 1'~~ ~ Commission on Water Resource ManagerMmt

() t .J

( -:) C) -,

ROBERT G. GIRALD DAVID A. NOBRIGA LAWRENCE H. MilKE

RICHARD H. COX HERBERT M. RICHARDS, JR.

TIMOTHY E. JOHNS OEPUTY DIRECTOR

:D "1 )

SUBJECT: Well Construction Permit Application Moloaa Bay Ranch #1 (Well No. 1120-30) , j --{

c.o Transmitted for your review and comment is a copy of the captioned well 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 October 9, 1998.

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

LN:ss Attachment(s)

RESPONSE:

[ 1

[ I

[ 1

[ 1

[ 1

This well qualifies as a source which will serve as a source of potable water to a public water system (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.

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.

If the well is used to supply both potable and non-potable purposes in a single system, the user shall eliminate cross-connections and backflow connections by physically separating potable and non-potable systems by an air gap or an approved backflow preventer, and by clearly labeling all non-potable spigots with warning signs to prevent inadvertent consumption of non-potable water. Backflow prevention devices should be routinely inspected and tested.

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

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

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

X- No comments/objections ,

Contact Person' Lor,~ tV. Kill! VY' ({ tL

Cfo~·n ~~~~ Signed:-----==------..::......,Ur4-----------

Phone: _~ __ 6 __ ·CJ~~ __ J~·tJ-+SI ____ __

/O,·Q·-78 Date:

__ , .. ·_ .. ·" ................ ll ...... ' .... _ ............... _:t ... _. iIoFIIIiiI .. X_F_ .... _ .. liOJJliU_IU_ ....... , .. 1 ______ * .... ' _____ .... __________ ................ _" .... ,. .. • ...... " ...... "'~_~-_ ...... "" ... ¥~. ___ ~_._-"""',""'= ....... "= __ "' ..... _~,_<,~,"'"""" -c.!_'-_~ __ ""'.,

o BENJAMIN J. CAYETANO

GOVERNOR OF HAWAII SA"!~F D',·)! f',' i"'; ,'. <~iQ, WILSON ;... \, ,,'1:\,:: Vi, d Lr\ bf\I\I~N

ROBERT G. GIRALD DAVID A. NOBRIGA

~ LAWRENCE H. MilKE



RICHARD H. COX MY l~"i( HERBERT M. RICHARDS. JR.

P .... ~ ... 0\cAt"6 TIMOTHY E. JOHNS

~~ OEPUTY OIRECTOR HONOLULU. HAWAII 96B09

SEP 22 1998

TO: Honorable Lawrence Miike, Director Department of Health

fO':' W IV ..... f .... ~

(..:1 c ") Attention: Dennis Tulang, Wastewater Branch

William Wong, Safe Drinking Water Branch ~~~ s:{ ,,_} ,. c (/) r'i :1;)

FROM: ~( Michael D. Wilson, Chairperson 1'~~ ~ Commission on Water Resource Manage~nt

o<'\J

tJ.> -::~"~ ()2 -J. , .'

SUBJECT: Well Construction Permit Application Moloaa Bay Ranch #1 (Well No. 1120-30)

-0 N

. ". ---\

Transmitted for your review and comment is a copy of the captioned well appli~tkin.

We would appreciate your comments on the captioned application for any conflicts or

o •

.r:--inconsistencies with the programs, plans, and objectives specific to your department. Please respond by returning this cover memo form by October 9, 1998.


LN:ss Attachment(s)

RESPONSE:

{ 1

!Xl

[ I

I I

(XI

[ I

Thill W"In qu~lifies as I' !;:ourr.e ~ir..h will ser.!e !IS '! SOl!!'re of potable water to a public water system (serving 25 or more peopIo at leasi 60 days per year Oi has 15 or more service connections) and must receive Director of Health approval mto its use to comply with Hawaii Administrative Rules (HAR), Title 11, Chapter 20, Rules Relating to Potable Water Systems, §11- .

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 wBter 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.

If the well is used to supply both potable and non-potable purposes in a single system, the user shall eliminate cross-connections and backftow connections by physically separating potable and non-potable systems by an air gap or an approved backflow preventer, and by clearly labeling all non-potable spigots with warning signs to prevent inadvertent consumption of non-potable water. Backflow prevention devices should be routinely inspected and tested.

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

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

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

No comments/objections

Contact Person: 'Villi am Wong Phone: _~5~8.;..6_-4..;..;2;;.;;5;..;;8~ __

Signed:~~ Date: _S_e..:..p_t_o _2_8...:..,_19_9_8_

n "' ~ 1 -,j

":J

c The Department of Health, Clean water Branch has the following comments:

1. For Well-Drilling Activities

Any discharge to state waters of treated process wastewater effluent associated with well drilling activities is regulated by Hawaii Administrative Rules, Chapter 11-55, Appendix I, effective September 22, 1997. Treated process wastewater effluent covered by this general permit includes well drilling slurries, lubricating fluids wastewaters, and well purge wastewaters. This general permit does not cover well pump testing. The applicable Notice of Intent Forms and filing fee shall be submitted at least thirty (30) days before the start of discharge to the Department of Health, Clean water Branch at 919 Ala Moana Boulevard, Room 301, Honolulu, Hawaii 96814-4920 or P.O. Box 3378, Honolulu, Hawaii 96801-3378. Inquiries may be directed to the Clean Water Branch at (808) 586-4309 or by fax at (808) 586-4352.

2. For Well Pump Testing ~

The discharger shall take all measures necessary to prevent the discharge of pollutants from entering state waters. Such measures shall include, if necessary, containment of the initial discharge until the discharge is essentially free of pollutants. If the discharge is entering a stream or river bed, best management practices shall be implemented to prevent the discharge from disturbing the clarity of the receiving water. If the discharge is entering a storm drain, the discharger must obtain written permission from the owner of that storm drain prior to discharge. Furthermore, best management practices shall be implemented to prevent the discharge from collecting sediments and other pollutants prior to entering the storm drain.

JS/cr

o o /

BENJAMIN J. CAYETANO GOVERNOR Of HAWAI1

MICHAEL D. WILSON CHAlAPEIISOtI

Mr. Steve Goldberg Oasis Water P.O. Box 535 Kilauea, ill 96754

Dear Mr. Goldberg:


COMMISSION ON WATER RESOURCE MANAGEMENT P. o. BOX 021


., Z2 1998

,

Well Construction I Pump Installation Permit Application for Well No. 1120-30

ROBERT G. GIRALO DAVID A. NOBRIGA LAWRENCE H. MilKE

RICHARD H. COX HERBERT M. RICHARDS. JR.

TIMOTHY E. JOHNS DEPUTY DIRECTOR

We acknowledge receipt, on September 3, 1998, of your completed well construction! pump installation permit application for the Moloaa Bay Ranch #1 Well (Well No. 1120-30). You can expect your application to be processed within ninety (90) days from this date.

For your information, the process of constructing a well is normally regulated and permitted in two (2) steps. First, a well construction permit is issued for drilling and testing purposes only. Based upon information provided by you through a Well Completion Report Part 1 (Well Construction), a pump installation permit (upon completed application) may then be issued to authorize pump work. If a pump is installed then a Well Completion Report Part 2 (Pump Installation) is required.

If you have any questions about your permit application, please contact Lenore Nakama of the Commission staff at 587-0218 or toll-free at 274-3141, extension 70218.

LN:ss

Sincerely,

~~rJ&a TIMOTHY E. JOHNS Deputy Director

o o BENJAMIN J. CAYETANO

GOVEANOR Of HAWAII MICHAEL D. WLSON

CHAIRPE~



HONOLULU. HAWAII 98809

SEP 22 1998

, ROBERT G. GII'\.I..D DAVIO A. Noe=<GA LAWRENCE H W;IKE

RICHARD H ~X HERBERT M. RICH.tJ':lS. JR.

TIMOTHY E. JC>'NS D£PlJTYOIREC'"::II

TO: Honorable Lawrence Miike, Director Department of Health Attention: Dennis Tulang, Wastewater Branch

William Wong, Safe Drinking Water Branch

FROM: ft;( Michael D. Wilson, Chairperson 1'~~ ~ Commission on Water Resource Manage~nt

SUBJECT: Well Construction Permit Application Moloaa Bay Ranch #1 (Well No. 1120-30)

Transmitted for your review and comment is a copy of the captioned well 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 October 9,1998.


LN:ss Attachment(s)

RESPONSE:

( I

( I

( I

( I

( I

( I

( I

This wei qualifies as a source which will &aMI 85 a source of potable water to a public water system (serving 25 0( more people at least 80 days per year 0( has 15 0( more service connections) and must receive Director of Heafth approval ~ to ill use to ~ with Hawai Administrative Rules (HAR), Tille 11, Chapter 20, Rules Relating to Potable Water Systema, §11-~.

This wei does not quaify 81 • source serving a public water system (&eMIl lela 1han 25 people 0( more people at least 80 days per year 0( 15 service connectional and if the wei water is used for drinmg. the private owner should test for badelioIogicaI and chemic:aI presence before initiating such use and routinely monitor the water quaity thereafter. However. if future planned use from this source increa585 to meet the public water system definition \hen Director of Heafth approval is required prior to implementation.

If the wei is used to supply both potable and non-potable purposes II • single system. the user shel eliminate ~ and backflow connections by physicaDy separating potable and non-potable systems by an air gap 0( an approved bacIdIow praventer. and by clearly labeting aft non-potable spigots with warning signs to prevent inadvertent consumption of non-potable water. BackfIow prevention devices should be routinely inspected and tested.

It does not appear that this wei wi be used for consumptive purposes and is not subject to Safe Drinking Water Regulations.

FO( the applicant's information, a source of possible wastewater contamination [ Jis [ J Is not located near the proposed wei site rlOformation attached).

Other relevant DOH rules/regulations, information, 0( recommendations ara attached.

No comments/objections

Contact Person: ________________ _ Phone: _____________ __

Signed: ____________________________ _ Date: ________ __

G

o o OEPAATMENT Of lJINO PH> ~Tuw.. RESOUlCES

OOM lENT N>. ~C OR ATIACt£O ~RKSt'£ET MTE: 9/17/98

SRCI COST F YR" /lPP o OBJ CTR PROJECl PH ACT N-nNT

00 POO ~ 564 b752 (1) 25.00 - -- --- - ---- ---- ----- -- ---(2) - -- --- - ---- ---- ------ -- ---(:5) - -- --- - --- ---- ----- -- ---(4) - -- --- - ---- ---- ------ -- ---

TOTAL 25.00

RfM6AKS: LIN! (1) Well No. 1120-30 (WCPA/PIPA)

PAY

TO THE

ORDER

OF

LINE (2) LINE (3)

MOLOAA BAY RANCH, LLC P.o. BOX 7846 PH. 970-920·2112

ASPEN, co 81612·7846

Twenty Five Dollars And 00 Cents

Dept. of Land and Natural Resources

NAME/DESCRtPTtON·(WANG It-PUT)

_Mol~&~~~_~ _______

---------------------------------------------------~--------

•

I I

I

I

PITKIN COUNTY BANK. TRUST co. -ASPEN, COLORADO 81811

82-326-1021

1010

DATE

8/14/98

AMOUNT t 1

$25.00 ~ . ~

.~ <: . '"

Qte of Hawaii 0 COMMISSION ON WATER RESOURCE MANAGEMENT Deparbnent of Land and Natural Resources

/ APPLICATION ~OR PERMIT ti'Well Construction or l\iPump Installation

Instructions: Please print in ink or type and send completed apprtcation withattachmenls to the Commission on Water Resource Management, P.O. Box 621, Honolulu, Hawai 96809. Application must be accompanied by a non-refundable firing fee of $25.00 payable to the Dept of Land and Natural Resources. The Commission may not accept incomplete applications. For-assistance, cal the Regulation Branch at 587~225.

1. APPLICANT: (circle primary contact a, b, or c) Primary Fax: '( 0 r- S-+.8' ~ ;;2 SSO (a) WEll OWNER (b) LANDOWNER

F"mniName MoroM /JPJ16 fALler, LLC- F"mniName &Ia(,~ /)a,r ikl'td ) LLG ContactPersone{Gl"'~ ~f<CPMb ,,(970\9dC~-.;t(/2K.1~ContactPerson de,1 t,'f"'UMb ptr02V\ 9;;o',;lI(.1 1(.1(..lf

Address eQ BOI( 7'i4f> , 05fe'1 I Co 81" 3- Address 80, &t 14q6) a!pet.J Co 81'1<..-at). w: Hu,'n f1~fe,{ a~pfVl. Co <t({~l' I?~ (II/. 1'1v,y, Sf «Ie a tj5f~ CO gftll

~NTRACTOR % '5 \ t1"-. ~o f" -~ %'-65' Contractor's C-57 license No d \ 'i 5" 7

2. WElllOCATlON/NAME: MO(o(;,0 fk¥ rlB.I(ILb 1f;.. I Address /fe"Ia/4 (lpgcAJ t(,,(qaf4 6~r~'! "f/f 4t7L/6,

Island K A<:J A-\ Tax Map Key(Lj) y-q-II- (

(Attach a USGS map, scale 1"=2000', and a prope,rty tax map showing well location referenced to established property boundaries.)

3.

4 ..

(a) PROPOSED WORK: ~New ~el . 0 Deepen Olnstan New Pump

o Modify Existing Wei 0 RedriH 0 Modify Pump

o Abandon1Seal • o Replace Pump

• Be sure to complete and submit wei abandonment report upon comple~ of work.

(b) WElllYPE: o Dug 0 Bored 0 Driven ~ 0 Radial _ :C"c--:; c.y

C:;'.

8":1 "'g Is this well a part of a battery of wells? 0 Yes 0 No

(Briefly describe and fiR in the diagram on the back of this fonn.) c:..."

PROPOSED PUMP INFORMATION: Rated Pump Capacity: -'o~,,<...:>o...5..L--__ gallQ.ns per flWlute

Pump Type: Motor: ~j .:; Co

o ~p WeR Turbine 0 Rotary 0 Propeller

u;rSubmersible 0 Rotary-Displacement 0 Reciprocating

o Diesel

o Gas

) .1

o Centrifugal 0 Rotary-Gear 0 Impulse o Electric, rated horsepower: ____ _

5.

6.

7.

If Pump Replacement, Existing Pump Capacity: ____ _

PROPOSED USE: D M~pal (including hotels, stores, etc.)

liJ"6omestic (individual, noncommercial water sys.)

D Irrigation (crop)

(a) PROPOSED AMOUNT OF WITHDRAWAL: 3£, 000 (b) METHOD OF FLOW MEASUREMENT: D FIow-meter

PENDING ACTIONS: D CDUA o SMA DEIS DEA Completion Date:

gallons per minute

o Military

o Industrial

o Other (explain)

gal!9ffs per day

IB'OP7ipe ~NE

o Orifice Plate

o Other(explain)

o Weir

8. REMARKS, EXPLANATIONS: ________________________ _

(if more space IS needed, continue on bad()

I unders!and that approval of this apprlC8tion attaches the following standard conditions: 1) the proposed work is to be completed within two (2) years of the approval date; 2) the contractor shan submit to t!-e Commission a wen (:ompletior,Jabandonm:mt report within 30 d'lYs after the completion date of the pennitted work; 3) monthly water use data shall be submittt:d to the Commission; 4) such approval shall not constitule a detelmi,laiica of C{welatrve '!IIater rights lind shall not guarantee the pump capacity or future use up to the pennitted pump capaCIty.

Well ovme~ landowner ~~:!t(~~:..J!::.!::J!:.:lf!~ Signature~hr--"'~'--I,~ ____ _

Date-----Cf-'c'-4c..L.%'-------_

For Official Use Only: Date Received ______ _ Date Accepted ______ _ Field Checked By ____ _ Date ________ _

Signature --r--"7.f?--I-.....¥.----

Date _ ....... ~~.uL.,-+-------

longitude _____ _ latitude _____ _

Si9naturektl.~"-:'=~dP-'-=~_~f--Uate __ --'---'---'-~ ___ ~_

Aquifei 3ystem Name ~\\..-k\)\i.1\ - t,...\ \WE:State Wen No. H20 -?>O

111091'95 WCPI Form

8. Remarks, Explanations (cont'd): ____________________________ _

9. PROPOSED 'NELL SECTION

Elevation at top of casing

ar1-ft.. msl.

Rock Packing wkOtJIII ft.

Hole Diameter: /1./ in.

Total Depth (cf)() ft.

Ground Elevation: ;)75 ft.. msr

Solid C~Sing~: J I /

Matenal ~_~~V.rv=------------Length a-. ft. Diameter (p " in.

Wall thickness~5c:a.· .QA~'i ...... D'------- in.

Casing: • !'rforated 0 Screen

Material l:!...V C. Length IJI::: ft.

Diameter!-----'~L..:::__:__:;'..._------ in. Wan thickness 5d <fO in.

Openings 7. JS' sq. inA.F.

Open Hole:

Length AItiAJE ft. Diameter ____________ in.

·Approxmate elevation at tine of filing apprlCation. Gi'OUnd elevation above mean sea level (msQ by a surveyor rlCensed by the State must be submitted

at start of construction. Final elevations of wen components shan be submitted in the wen completionlwel abandonment reports.

tI o )

';'r'p

.i

W'Ji: S l' \.\

;i.e.:.-'I

C.' ..

If) W If) H I:l: 0.. I:l: W Iz: W

E 0.. 00 (\J

U)

~

~~ M~ 0.. W If)1.

... .w ~:

:i;i.,1f+/IW-

o~.,.~ or~".. ... ~ ",,-/,'C';i' ,c I"WI'I7 rv_ . ¢' v~h".l A~-.va:o ",,I.r.lA_ """, ... M4 •. &of:' ~~7': ~1:/"f1;,fG

1~.t .. ")"6

-I

c ~

.~~~-.~. ---- z~ oS v

.(.

~~~I

/ . .(9. .----~. ~~.i/~'<" ~ ~ ______ ' ~~, ~.,". . "J -~,., __ . ___ . _____ . j' .~~:;& ~ ;;'~;r;~4" _ .. @..... ____ ____.. __ . .............. ~.-~->!~ . j' ."' 'JiY">'., .... _"., ~ .. - :.\ -.. ~ e'

..,,~ ,- ,.' -. . - cr ~~p ,.\ ., "" ~ Y----

. ~ ~~. '~'" -. . <>" .. ~'" <, .

' , :.:::-::---...:-!~JI~. /:t':I!;~.~., _~ . • ... o~_ Go ""

•• ---.... "'$Q~ . '" ..:;:, ~ " ----------. ---...... •. . .• :l.lt~q.",,,,, 7,~ ~.,t~'itJ'".,: . Q '~--1" .:I::, .. :~ .•.. .... t:r-010 .." 7ft;;' ~_~.~ .. • ..... 'o.~ _., •. ::", ,,'--. ~'-'-. -"'-. ~ -::... - -------- .. -'''-= ~ .... ~ / >,..;< ~"-'~ -=-~ '-~:.. ;.'9.. t~ "!!l'J;c ........ ~... . .~ ~~ .. ~ I ~,.>,.,. ""'" .. v~ ~'.,.-.. .,,"' .... :: "" . ..~~" ~ '.~. 9... , '=.

'''<i. "':>, .. "" \, _ , ".". 0< ~: ~ '-~~F~ fl' .-. ""'.. ~""'.. _;; '"" ,r,. = . ... '" """, .. ~. ,'"". • • -., • "" " " ob "

'"," "'" " ...... '" -"'" .~ ">C. J "~'", .... ~''''.:''''. ""_, .... ..~. '" • • ~. '''- •• u .. ' .~, ""- '. A"~"" ,.~ J' "'. .. '."~ "!'- ... ......, "'~~ H ---~ ..•• ~. ~·,'\>r • .,.r""~r'1ll ""1.· 71, ;':fll~,- ~fs:" . ~ /. " .,... -'" . - ,. u""""" Il~1 ' "_",,, /'-'" ~~ "A .• ~ .. A 7-"/- . .,-,,, 'Y.r "" ''', . ~ /.. .. .. " . ~~ .., ~ ...... , ~ L ~"--'. O'·~..... 9... • .. ,~,~.. "".'Ii" .,,., 0 J.. ...~", ''''-, "', - .. ~'>f- ' . • --"', .... ~"" . .. '" > ';;;"~'" '.-::. "', . ~""II' .... .,.h. '., -''''''''M""" ,,~"-c,-~ .. ,-;<: '-- ____ .<'!\II ~M·,. ,< •• ~, . -'='0 " .... ,,:;;,,:~ .... :, . • J?IJ,.~ . .,,;..... ."::::::' ,... .... ",,;/1'., -II?J/~,.-",.~\"lf!;:- "!'1.-':,

rl#}lI- ~ 'T1~1I" ~ ,1"-

'I 'j

.,. "i"'i'".~' ~, .. t

~ o "

" ~--"'.r.r...".~~

o

PL-1r· 'r.'~ \"'5 y

o ~

---:.;k·!3..1£C7 ro CHANGE

.#

I I i

\\

/

... ".?C..Sf I .' '-..::::!>' J/~ - 50" }O" --~. ;.' ;', r~ -. . -.------- ••• '--------- .. - .... ------"""--. ---..... --<!P--__ -'/ 242.!)t, ,,'Z8.80 --...... •• j

I • J ; . ---.:::. :J :/

" " c

~ )!!?4'~ - ~. !84.0~

~ Z 5c~ ()7 . /46 'JO

[)-2

51

/~/ ..... /

.' / ./

o o

OPERATING AGREEMENT OF

MOLOAA RANCH, LLC

A COLORADO LIMITED LIABILITY COMPANY _ ...

.. THIS AGREEMENT is made and entered into this L!7J.aYofMay, 1998, by and between MOLOAA RANCH, LLC, a Colorado limited liability company (the "Company") and THE THOMAS D. MCCLOSKEY, JR. AND BONNIE P. MCCLOSKEY REVOCABLE TRUST OF 1994, hereinafter referred to as "Members".

WITNESSETH:

IT IS AGREED, in consideration of the promises, covenants, performance, and mutual consideration herein as follows:

I

FORMATION OF COMPANY

1.1 Articles of Organization. This Company is organized pursuant to the provisions of the Limited Liability Company Laws of the State of Colorado and pursuant to Articles of Organization filed with the Secretary of State on April 29, 1998. The rights and obligations of the Company and the Members shall be as provided in the Articles of Organization and this Operating Agreement.

1.2 Conflict between Articles of Organization and this Agreement. If there is any conflict between the provisions of the Articles of Organization and this Operating Agreement, th e terms of this Operating Agreement shall control.

II

CAPITAL CONTRIBUTIONS

2.1 Contributions. The capital contributions to be made by the Members and with which the Company shall begin business are as follows:

Member Name Contribution

The Thomas D. McCloskey, Jr. and $3,100,000 Bonnie P. McCloskey Revocable Trust of 1994

1

o o

2.2 Additional Capital Contributions. In the event that the cash funds of the Company are insufficient to meet its operating expenses or to finance new investments deemed appropriate to the scope and purpose of the Company as determined by the Managers, the Members shall make additional capital contributions, in the proportion of their capital contributio n. The amount of the additional capital required by the Company and the period during which such additional capital shall be retained by the Company shall be determined by the Managers .

. . 2.3 Loans. In lieu of voting an additional assessment of capital to meet operating expenses or to finance new investments, the Company may, as determined by the Managers, borrow money from one or any of the Managers, Members, or third persons. In the event that a loan agreement is negotiated with a Manager or Member, he or she shall be entitled to receive interest at a rate and upon such terms to be determined by the Managers, excluding the Manager making said loan, if applicable, and said loan shall be repaid to the Manager or Member, with unpaid interest, if any, as soon as the affairs of the Company will permit. The loan shall be evidenced by a promissory note obligating the assets of the Company. Such interest and repayment of the amounts so loaned are to be entitled to priority of payment over the division and distribution of capital contributions and profit among Members.

III

MEMBERS' ACCOUNTS; ALLOCATION OF PROFIT AND LOSS; DISTRIBUTIONS

3.1 Capital Accounts. A separate capital account shall be maintained for each Member. The capital accounts of each Member shall initially reflect the amounts specified in Section 2.1, and, if a Member has merely promised to contribute the amount specified in Section 2.1, the Company shall maintain a corresponding subscription receivable on behalf of that Member. No Member shall withdraw any part of his or her capital account, except upon the approval of the Managers. If the capital account of a Member becomes impaired, or if he or she withdraws said capital account with approval of the Managers, his or her share of subsequent Company profits shall be credited first to his or her capital account until that account has been restored, before suc h profits are credited to his or her income account. If, during the period when a Member's capital account is impaired or he or she has withdrawn funds therefrom as hereinbefore provided, an additional contribution is required of the Members for the purposes specified in Section 2.2, then the Member with such withdrawn or impaired capital account shall be required to contribute his or her proportionate share of the additional capital contribution and the deficiency then existing in his or her capital account, so as to return the capital account to the same proportion existing as of the date of the additional contribution. No interest shall be paid on any capital contributions to the Company.

3.2 Income Account. A separate income account shall be maintained for each Member. Company profits, losses, gains, deductions, and credits shall be charged or credited to the separate income accounts annually unless a Member has no credit balance in his or her income account,

2

c o in which event losses shall be charged to his or her capital account, except as provided in Section 3.1. The profits, losses, gains, deductions, and credits of the Company shall be distributed or charged to the Members as provided in Section 3.3. No interest shall be paid on any credit balance in an income account.

3.3 Allocations among Members. The profits and gains of the Company shall be divided and the lo~ses, deductions, and credits of the Company shall be borne in the following prop?~tions: -: ; :

The Thomas D. McCloskey, Jr. and 100% Bonnie P. McCloskey Revocable Trust of 1994

3.4 Disproportionate Capital Accounts. No interest or additional allocation profits, losses, gains, deductions, and credits shall inure to any Member by reason of his or her capital account being proportionately in excess of the capital accounts of the other Members.

3.5 Distribution of Assets.

3.5.1 All distributions of assets of the Company, including cash, shall be made in the same allocations among Members as described in Section 3.3.

3.5.2 The Managers shall determine, in their discretion, whether distributions of assets of the Company should be made to the Members; provided, however, that no distribution of assets may be made to a Member if, after giving effect to the distribution, all liabilities of the Company, other than liabilities to Members on account of their capital and income accounts, would exceed the fair value of the Company assets.

3.5.3 A Member has no right to demand and receive any distribution from the Company in any form other than cash.

IV

RULES RELATING TO THE MEMBERS

4.1 Admission of New Members. Additional Members may be admitted upon the unanimous written consent of all Members.

4.2 Voting of Members. Each Member's vote shall be proportionate to his or her capital account ("Member's Voting Interest"). A member may vote in person or by proxy at any meeting of Members. All decisions of the Members shall be made by a majority of the Members Voting Interests at a properly called meeting of the Members at which a quorum is present, or by unanimous written consent of the Members.

3

o o 4.3 Meetings of Members.

4.3.1 Meetings of Members may be held at such time and place, either within or without the State of Colorado, as may be determined by the Managers or the person or pers'ons calling the meeting.

4.3.2 An annual meeting of the Members shall be held on the first Tuesday of May in each year. -; .

Ii. ..

4.3.3 Special meeting of the Members may be called by the Managers or by at least twenty-five percent (25 %) of all of the Members entitled to vote at the meeting.

4.3.4 Written notice stating the place, day, and hour of the meeting and, in the case of a special meeting, the purpose for which the meeting is called, shall be delivered not less than ten (10) days nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the Managers or any other person calling the meeting, to each Member of record entitled to vote at such meeting. A waiver of notice in writing, signed by the Member before, at, or after the time of the meeting stated in the notice shall be equivalent to the giving of such notice.

4.3.5 By attending a meeting, a Member waives objection to the lack of notice or defective notice unless the Member, at the beginning of the meeting, objects to the holding of the meeting or the transacting of business at the meeting. A Member who attends a meeting also waives objection to consideration at such meeting of a particular matter not within the purpose described in the notice unless the Member objects to considering the matter when it is presented.

4.4 Quorum and Adjournment. Seventy-five percent of the Members entitled to vote shall constitute a quorum at the meeting of Members. If a quorum is not represented at any meeting of the Members, such meeting may be adjourned for a period not to exceed sixty (60) days at anyone adjournment; provided, however, that if the adjournment is for more than thirty (30) days, a notice of the adjourned meeting shall be given to each Member entitled to vote at the meeting.

v

RULES RELATING TO MANAGERS

5.1 General Powers. Management and the conduct of the business of the Company shall be vested in the Managers. The Managers may adopt resolutions to govern their activities and the manner in which they shall perform their duties to the Company.

4

o o 5.2 Qualifications of Managers. Managers shall be natural persons eighteen (18) years

of age or older.

5.3 Number. Election. and Term.

5.3.1 The number of Managers shall be one and such initial Manager shall be Thomas D.McCloskey, Jr.

5.3.2 Each Manager shall hold office for one year or until his or her death, incapacity or resignation, whichever first occurs.

5.4 Meetings and Voting.

5.4.1 Meetings of the Managers may be held at such time and place as the Managers by resolution shall determine.

5.4.2 Written notice of meetings of the Managers shall be delivered at least twenty-four (24) hours before the meeting personally, by telecopier, or by mail actually delivered to the Manager within the twenty-four (24) hour period. A waiver of notice in writing, signed by the Manager before, at, or after the time of the meeting stated in the notice, shall be equivalent to the giving of such notice.

5.4.3 By attending a meeting, a Manager waives objection to the lack of notice or defective notice unless, at the beginning of the meeting, the Manager objects to the holding of the meeting or the transacting of business at the meeting.

5.4.4 A majority of the Managers entitled to vote shall constitute a quorum at the meeting of Managers.

5.4.5 All decisions of the Managers shall be made by a majority vote of the Managers at a properly called meeting of the Managers at which a quorum is present, or by unanimous written consent of the Managers.

5.5 Duties of Managers.

5.5.1 The Managers shall have the duties and responsibilities as described in the Colorado Limited Liability Company Act, as amended from time to time.

5.5.2 The Managers, or anyone of the Managers as designated by resolution of the Managers, shall execute any instruments or documents providing for the acquisition, mortgage, or disposition of the property of the Company.

5

o o 5.5.3 Any debt contracted or liability incurred by the Company shall be

authorized only by a resolution of the Managers, and any instruments or documents required to be executed by the Company shall be signed by the Managers or anyone of the Managers as designated by resolution of the Managers.

5.5.4 The Managers may designate anyone of the Managers or delegate an employee or agent to be responsible for the daily and continuing operations of the busines s

.. affairs of the Company. All decisions affecting tht;- 'f'0licy and management of the Company, including the control, employment, compensation, and discharge of employees; the employment of contractors and subcontractors; and the control and operation of the premises and property, including the improvement, rental, lease, maintenance, and all other matters pertaining to the operation of the property of the business shall be made by the Managers.

5.5.5 Any Manager may draw checks upon the bank accounts of the Company and may make, deliver, accept, or endorse any commercial paper in connection with the business affairs of the Company.

5.6 Devotion to Duty. At all times during the term of a Manager, the Manager shall give reasonable time, attention, and attendance to, and use reasonable efforts in the business of the Company; and shall, with reasonable skill and power, exert himself or herself for the joint interest, benefit, and advantage of said Company; and shall truly and diligently pursue the Company objectives. Provided, however, that all Members acknowledge that acting as Manager is not a full time job and that the Managers (as well as the Members) as entitled to pursue other endeavors, including endeavors which might be in competition or conflict with the Company.

5.7 Indemnification. Managers, employees, and agents of the Company shall be entitled to be indemnified by the Company to the extent provided in the Colorado Limited Liability Company Act, as amended from time to time, and shall be entitled to the advance of expenses, including attorneys' fees, in the defense or prosecution of a claim against him or her in the capacity of Manager, employee, or agent.

VI

BOOKS

6. 1 Location of Records. The books of the Company shall be maintained at the principal office of the Company or at such other place as the Managers by vote or consent shall designate.

6.2 Access to Records and Accounting. Each Member shall at all times have access to the books and records of the Company for inspection and copying. Each member shall also be entitled:

6

o o

6.2.1 To obtain from the Managers upon reasonable demand for any purpose such information reasonably related to the Member's Membership Interest in the Company;

6.2.2 To have true and full information regarding the state of the business and financial condition and any other information regarding the affairs of the Company;

6.2 . .3 To have a copy of the Company's federal, state, and local income tax .. returns for each year promptly after they are available:to:the Company; and

6.2.4 To have a formal accounting of the Company affairs whenever circumstances render an accounting just and reasonable.

6.3 Accounting Rules. The books shall be maintained on a cash basis. The fiscal yea r of the Company shall be the calendar year. Distributions to income accounts shall be made annually. The books shall be closed and balanced at the end of each calendar year and, if an audit is determined to be necessary by vote or consent of the Mangers, it shall be made as of the closin g date. The Managers may authorize the preparation of year-end profit-and-Ioss statements, balance sheet, and tax returns by a public accountant.

VII

DISSOLUTION

7.1 Causes of Dissolution. The Company shall be dissolved upon the occurrence of any of the following events:

7.1.1 At any time by unanimous agreement of the Members;

7.1.2 Upon the expiration of the period fixed for the duration of the Co mpany in its Articles of Organization and if not set forth therein, thirty (30) years from the date hereof;

7.1. 3 Upon the death, retirement, resignation, expulsion, bankruptcy, or dissolution of a member.

7.2 Continuation of Business. Notwithstanding a dissolution of the Company under Section 7.1.3., the Members may elect to continue the business of the Company, so Ion g as there are at least two Members remaining who then consent to do so, by purchasing the deceased, retired, resigned, expelled, or bankrupt Member's ("Withdrawn Member") Membership Interest.

7.3 Purchase of Withdrawn Member's Membership Interest.

7

o o

7.3.1 If the Members elect to continue the business under Section 7.2, the purchase price of the Withdrawn Member's Membership Interest shall be fair market value. The fair market value of a Member's Interest to be purchased pursuant to this Section shall be determined by agreement between the Withdrawn Member (or of his successor or personal representative, as the case may be) and the Company. For this purpose, the fair market value of the Withdrawn Member's Membership Interest shall be computed as the greater of: (i) the Company's book value as reflected on its most recently

.. completed annual fmancial statement, multiplied :by the Withdrawn Member's proportionate Membership Interest as of the date of the occurrence of the Withdrawing Event; or (ii) the amount which could reasonably be expected to be realized by such Member upon the sale of the Company Property in the ordinary course of business at the date of the occurrence of the Withdrawing Event. If the Withdrawn Member (or his successor or personal representative, as the case may be) and the Company cannot agree upon the fair market value of such Membership Interest within sixty (60) days, the fair market value thereof shall be determined by appraisal, the Company and the Withdrawn Member (or his successor or personal representative) each to choose one appraiser and the two appraisers so chosen to choose a third appraiser. The decision of a majority of the appraisers as to the fair market value of such Membership Interest shall be fmal and binding and may be enforced by legal proceedings. The Withdrawn Member (or his successor or personal representative) and the Company shall each compensate the appraiser appointed by it and the compensation of the third appraiser shall be borne equally by such parties. If the Company or the Withdrawn Member (or his successor or personal representative) fails to choose an appraiser, or if either party's chosen appraiser fails to perform in the manner and within the time frames provided in this paragraph, then the decision as to the fair market value of such Membership Interest shall be determined solely by the arbitrator chosen by the other party. The purchase price is subject to setoff for any damages incurred as the result of the Withdrawn Member's actions, and nothing in this paragraph is intended to impair the Company's right to recover damages for the Withdrawn Member's wrongful dissolution of the Company by reason of the Withdrawn Member's expUlsion, retirement, resignation, or bankruptcy.

7.3.2 The purchase price determined under Section 7.3.1 shall be paid to the Withdrawn Member in cash.

7.3.3 The Effective Date shall be the date of death of a deceased Member; the date personal notice is received, or the date the certified mail is postmarked, in the case of a retired, resigned, or expelled Member; or the date the notice is delivered to the Withdrawn Member or to the place of business of the Company, in case of bankruptcy of a Member.

7.4 Distribution of Assets If Business Is Not Continued. In the event of dissolution of the Company and if the Members do not elect to or are unable to continue the business of the Company under Section 7.3, the Mangers shall proceed with reasonable promptness to sell the real

8

c o

and personal property owned by the Company and to liquidate the business of the Company. Upon dissolution, the assets of the Company business shall be used and distributed in the following order:

7.4.1 Any liabilities and liquidating expenses of the Company will first be paid;

7.4.2 The reasonable compensation and expenses of the Managers in liquidation .. shall be paid;

7.4.3 The amount then remaining shall be paid to and divided among the Members in accordance with the statutory scheme for distribution and liquidation of the Company under the Colorado Limited Liability Company Act, as amended from time to time.

VIII

EXPULSION OF A MEMBER

8.1 Causes of Expulsion. A Member shall be expelled from the Company upon the occurrence of any of the following events:

8. 1.1 If a Member shall violate any of the provisions of this Agreement; or

8.1.2 If a Member's Membership Interest shall be subject to a charging order or tax lien, which is not dismissed or resolved to the satisfaction of the Managers of the Company within thirty (30) days after assessment or attachment.

8.2 Notice of Expulsion. Upon the occurrence of an event described in Section 8.1, written notice of expulsion shall be given to the violating Member either by serving the same by personal delivery or by mailing the same by certified mail to his or her last known place of residence, as shown on the books of said Company. Upon the receipt of personal notice, or the date of the postmark for certified mail, the violating Member shall be considered expelled, and shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 and 7.4.

IX

BANKRUPTCY OF A MEMBER

9.1 Bankruptcy Defined. A Member shall be considered bankrupt if the Member files a petition for bankruptcy [or an involuntary petition in bankruptcy is filed against the Member and the petition is not dismissed within sixty (60) days] or makes an assignment for the benefit of creditors or otherwise takes any proceeding or enters into any agreement for compromising his

9

o o or her debts other than by the payment of them in the full amount thereof, or is otherwise regarded as insolvent under any Colorado insolvency act.

9.2 Effective Date for Bankruptcy. The Effective Date of a Member's bankruptcy shall be the date that the Managers, having learned of the Member's bankruptcy, give notice in writing stating that the Member is regarded as bankrupt under this Agreement, such notice to be served personally or by lellving the same at the place of business of the Company. As of the Effective Date? ~e bankrupt Member shall have no further rights as a M~~ber of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4.

x

RETIREMENT OR RESIGNATION OF A MEMBER

10.1 Right to Retire or Resign. A Member shall have the right, at any time, to retire or resign as a Member of the Company by giving three (3) months' not ice to the Company at the Company's place of business.

10.2 Consequences of Retirement or Resignation If the Business Is Continued. Upon giving notice of an intention to retire or resign, the Withdrawn Member shall be entitled to have his or her Membership Interest purchased as provided in Section 7.3 if the remaining Members elect to continue the business of the Company under Section 7.2. Upon the receipt of notice of the remaining Member's election to continue the business, the Membership Interest of the Withdrawn Member in the Company shall cease and terminate, and the Withdrawn Member shall only be entitled to the payments provided in Section 7.3.

10.3 Consequences of Retirement or Resignation If the Business Is Not Continued. If the remaining Members elect not to continue the business upon retirement or resignation of a Member, or are unable to do so by law, the Withdrawn Member shall only be entitled to his or her interest in liquidation, as stated in Section 7.4, subject to any setoff for damages caused by the Member's retirement or resignation.

XI

DEATH OF A MEMBER

11.1 Death of a Member. Upon the death of a Member, the deceased Member's rights as Member of the Company shall cease and terminate except as provided in this Article XI.

11.2 Consequences of Death If Business Is Continued. If the surviving Members elect to continue the business as provided in Section 7.2, the Managers shall serve notice in writing of such election, within three (3) months after the death of the decedent, upon the executor or administrator of the decedent, or, if at the time of such election no legal representative has been

10

c o appointed, upon anyone of the known legal heirs of the decedent at the last known address of such heir. The Company shall purchase the Membership Interest of the deceased Member as provided in Section 7.3, and the closing of such purchase shall be within thirty (30) days of the notice of such election, except in the event the Company has life insurance on the decedent, in which event the amount and method of payment for the Membership Interest of the deceased Member will be as provided in Section 11.3.

11.3 Insurance. The Company may contract for life;n,.surance on the lives of each of the Members, in any amount not disproportionate to the value of each Member's Membership Interest. In the event of the death of a Member, insurance proceeds paid to the Company will be used to purchase the Membership Interest of the deceased Member. The purchase price shall be the greater of the amount determined under Section 7.2 or the amount of insurance proceeds received by the Company. The payment of the purchase price to the decedent's representatives or heirs shall be made within thirty (30) days following receipt of the insurance proceeds by the Company. If the surviving Members do not elect to continue the business of the Company, or are unable to do so by law, the proceeds of any life insurance shall be treated as an asset of the Company for liquidation.

11.4 Consequences of Death If the Business Is Not Continued. If the surviving Members do not elect to continue the business, or are unable to do so by law, the deceased Member shall only be entitled to his or her interest in liquidation as stated in Section 7.4.

XII

SALE OF A MEMBER'S INTEREST

12.1 Provisions Restricting Sale of Membership Interests. In the event that a Member desires to sell, assign, or otherwise transfer his or her Membership Interest in the Company and has obtained a bona fide offer for the sale thereof made by some person not a member of the Company, he or she shall first offer to sell, assign, or otherwise transfer the Membership Inter est to the other Members at the price and on the same terms as previously offered him or her, and each of the other Members shall have the right to purchase his or her proportionate share of the selling Member's Membership Interest. If any Member does not desire to purchase the Membership Interest on such terms or at such price and the entire Membership Interest is not purchased by the other Members, no other Member may purchase any part of the Membership Interest, and the selling Member may then sell, assign, or otherwise transfer his or her entire Membership Interest in the Company to the person making the said offer at the price offered. The intent of this provision is to require that the entire Membership Interest of a Member be sold intact, without fractionalization. A purchaser of a Membership Interest of the Company shall not become a Member without the unanimous consent of the non-selling Members, but shall be entitled to receive the share of profits, gains, losses, deductions, credits, and distributions to which the selling Member would be entitled. Provided, however, and notwithstanding any other provision contained in this Operating Agreement, a Member is permitted to transfer his/her

11

o o interest free of the restrictions contained in this Article to (1) spouse; (2) children; (3) grandchildren; (4) trust in which the beneficiaries are the Member and/or his/her spouse, children or grandchildren; (5) an entity owned entirely by the Member and/or his/her spouse, children or grandchildren.

12.2. Buy/Sell Agreement.

A. If any Member ("Separating Member") desires t~parate from the other Members, the Separating Member shall give notice ("Separation Notice") to the other Members. The Separation Notice shall state (1) that the Separating Member desires to separate from the other Members and is willing to either purchase the Membership Interests of all of the other members ("Responding Members") or to sell the Separating Member's Membership Interest in the Company to the Responding Members; and (2) the value of the Company as determined by the Separating Member to be used in determining the purchase price for Membership Interest under this Article.

B. Within sixty (60) days after receipt by the Responding Members of a Separation Notice, each Responding Member shall either (1) give written notice ("Call Notice") of the Responding Member's election to purchase the Membership Interest in the Company of the Separating Member; or (2) give written notice ("Put Notice") of the Responding Member's election to sell its Membership Interest to the Separating Member. The failure of the Responding Member to give either a Call Notice or a Put Notice as provided herein within the required 60-day period shall be treated the same as if the Responding Member had given the Put Notice.

C. If all of the Responding Members give the Put Notice, all of the Responding members will sell their Membership Interests to the Separating Member and the Separating Member will purchase such interests. If all of the Responding Members do not give the Put Notice, any Put Notices shall be deemed revoked and the Responding Members who give the Call notice (the "Call Members") will purchase the Membership Interest of the Separating Member and the Separating Member will sell such interest, with the purchase being allocated among the Call members in proportion to their Percentage Interests unless two or more of the Call member s agree to a different allocation among themselves.

D. The purchase price for a Membership Interest under this Article will be determined as provided below. The difference between the value of the Co mpany as stated in the Separation Notice and the aggregate balance of all members' capital Accounts as of the end of the fiscal year ("Last Fiscal Year") most recently ended as of the date of the Separation Notice is given, shall be known as the "Value Difference". If the Value Difference is positive, the purchase price for a Member's Membership Interest shall equal the balance of such Member's Capital Account as of the end of

12

c o the Last Fiscal Year, plus such member's percentage Interest of the Value Difference. If the Value Difference is negative, the purchase price for a Member's Membership Interest will equal the balance of such Member's Capital Account as of the end of the Last Fiscal year, minus such Member's Percentage Interest of the absolute value of the Value Difference.

E. Theclosing of the purchase and sale of the Membership Interests pursuant to this Article shall take place at the offices of the ;~()mpany on the 90 th day after expiration of the 60-day period in which the Responding Members had to given the Put Notice or Call notice, or if such day is not a business day, on the next busines s day. At the closing, the Member(s) that is (are) required to purchase ("Purchasing Member(s)") all of the Membership Interest(s) of the other Member(s) ("Selling member(s)") shall purchase such interests for the respective purchase prices determined as provided above, which will be payable by certified or bank cashier's check or by wire transfer at closing. Contemporaneously with receipt by each Selling Member of such purchase price, such Selling Member shall deliver to the Purchasing member(s) an assignment of his Membership Interest, which shall be a written absolute assignment and shall warranty that the Membership Interest being purchased is owned by such Selling Member free of all liens, encumbrances or other claims of any kind, and that such Selling Member has full right, power and authority to make the assignment.

F. If any Member defaults in its obligations to be performed at the closing under this Article, the other Members shall have a right for specific performance and damages against the defaulting Member. No Member shall give a Separation Notice under this Article after another Member has given a Separation Notice until the closing of the purchase and sale transactions for the pending Separation Notice has occurred under this Article 12.2.

XIII

MEMBERS' COVENANTS

13.1 Member's Personal Debts. In order to protect the property and assets of the Company from any claim against any Member for personal debts owed by such Member, each Member shall promptly pay all debts owed by such Member, each Member shall promptly pay all debts owing by him or her and shall indemnify the Company from any claim that might be made to the detriment of the Company by any personal creditor of such Member.

13.2 Alienation of Membership Interest. No Member shall, except as provided in Article XII, sell, assign, mortgage, or otherwise encumber his or her Membership Interest in the Company or in its capital assets or property; or enter into any agreement of any kind that will

13

o o result in any person, firm, or other organization becoming interested with him or her in the Company; or do any act detrimental to the best interests of the Company.

13.3 Cross-Indemnification. In the event that the Members unanimously agree that loans or obligations of the Company should be personally guaranteed by the Members, then the Members shall and hereby agree to indemnify, hold harmless and defend each other such that the liability and obligation of each Member (whether all or less than all actually sign the guarantY docu!D.-entation) shall be limited to the prorata interest that th!lt:Member has in the profits and losses of the Company as designated in paragraph 3.3.

XIV

ARBITRATION

14.1 Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the rules then obtaining of the American Arbitration Association. Judgment upon the award rendered by said arbitration may be entered in any court having jurisdiction thereof. Costs of arbitration, including attorneys fees, shall be paid by the loser. If one Member notifi es the other Member in writing of a dispute, claim, or controversy and requests that the same be arbitrated, no legal action may then be commenced thereon, except to obtain judgment on the arbitration award.

xv

MISCELLANEOUS PROVISIONS

15. 1 Inurement. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and assigns, and each person entering into this Agreement acknowledges that this Agreement constitutes the sole and complete representation made to him or her regarding the Company, its purpose and business, and that no oral or written representations or warranties of any kind or nature have been made regarding the proposed investments, nor any promises, guarantees, or representations regarding income or profit to be derived from any future investment.

15.2 Modification. This Agreement may be modified from time to time as necessary only by the written agreement of the Company, acting through the vote or consent of its Managers, and the Members.

15.3 Severability. The provisions of this Agreement are severable and separate, and if one or more is voidable or void by statute or rule of law, the remaining provisions shall be severed therefrom and shall remain in full force and effect.

14

o o 15.4 Governing Law. This Agreement and its term are to be construed according to the

laws of the State of Colorado.

15.5 Counterparts. This Agreement has been executed in counterparts and each such counterpart shall be deemed an original of the Agreement for all purposes.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on the day fIrst writt~~ above, in Aspen, Colorado. ;':

MEMBERS:

THE THOMAS D. MCCLOSKEY, JR. AND BONNIE P. MCCLOSKEY REVOCABLE

TRU~~.

By: i, AJ' \ Thomas D. cCloskey, Jr., Trustee ,

By: __ ~~~~~~~~~~~~ __ _ Bonnie P. McCloskey, Trustee

15

MUST BE TYPED FILING FEE: $50.00 MUST SUBMIT TWO COPIES

Please include a typed self-addressed envelope

o Mail to: Secretary of State

Corporations Section 1560 Broadway, Suite 200

Denver, CO 80202 (303) 894-2251

Fax (303) 894-2242

ARTICLES OF ORGANIZATION

o For office use only

FILED COpy .

9981079383 M 50.00

ECRETARY OF STATE

I/We the undersigned natural person(s) of the age of eighteen years or more, acting as organizer(s) of a limited liability company under the Colorado Limited Liability Company Act, adopt the following Articles of Organization for such limited liability company:

031

FIRST: The name of the limited liability company is: _M_O_L_O_AA __ RAN __ C_H-'-,_LL_C ____________ _

SECOND:

THIRD:

FOURTH:

FIFTH:

Principal place of business (if known): 132 West Main Street, Aspen CO 81611

The street address of the initial registered office of the limited liability company is: ______ _

112 North 1st Street, Aspen CO 81611

The mailing address (if different from above) of the initial registered office of the limited liability company is:

The name of its proposed registered agent in Colorado at that address is: ________ _

William R. Jordan III

~ The management is vested in managers (check if appropriate)

The names and business addresses of the initial manager or managers or if the management is vested in the members, rather than managers, the names and addresses of the member or members are:

NAME ADDRESS (include zip codes)

Thomas D. McCloskey, Jr. 132 West Main Street, Aspen CO 81611

SIXTH: The name and address of each organizer is:

NAME ADDRESS (include zip code)

Thomas D. McCloskey, Jr. 132 West Main Street, Aspen CO 81611

?

Signed------L...-l ! ~-+I-. f"-___ _ II Organizer

Signed ________________ _

Organizer

Revised 7/95

Please include a typed self-addressed envelope

MUST BE TYPED FILING FEE: $25.00 MUST SUBMIT TWO COPIES

o Mail to: Secretary of State

Corporations Section 1560 Broadway, Suite 200

Denver, CO 80202 (303) 894-2251

Fax (303) 894-2242

o For office use only

9981123009 M 25.00

ECRETARY OF STATE 7-14-1998 11:17:56

032

"\f..,,~t.. AMENDMENT TO THE ARTICLES OF ORGANIZATION

.. ~ cf "" FOR A COLORADO LIMITED LIABILITY COMPANr~ .,. .C'':STO:.,(~~,~;r ",

t"u\.~ N ,YJ..ED '""""PI"- BC'""~';"r ",.-\'tZ \,,)nf" '/ 'Vl\..lV ·6£l't.,R. V • >~OSE •

Pursuant to the provisions of the Colorado Limited Liability Company Act, the Articles of Organization shall be amended as set forth herein:

MOLOAA RANCH, LLC

Exact name of limited liability company

132 West Main Street, Aspen CO 81611

Principal Address

Aspen CD 81611

City State Zip

CIRCLE ALL THAT APPLY:

A. There is a change in the name of the limited liability company to:

B.

C.

D.

MOLOAA BAY RANCH, LLC

There is a change in the dissolution date of the limited liability company to: ____ _

There is a false or erroneous statement or the members desire to change any other statement in the Articles of Organization. Describe below:

All of the members have elected to accept the 1 gg4~ments to the Limited Liability Company Act. C

Signature __ I_,._, --++_\_--------Jr. /

Revised 7/95 -"'\j" '.../\.iJ\,~ .

, .. o j

I LAND COURT SYSTEM

o R-898', , """."",., .. , <'.,

,':>, "',c" S'TAT~ 9F-:; HAWAII"~'. ':_ "BUREAU · OF: ,-,:CONVEYANCES

<' ,,' . RECORDED '.' .----:r':-

MAY: 29," 1998' , ,'08:02' AM,

Doc ,N6(.s),98~077724 . )"'~' r:~:·:, ..... -. -. ~

i ~<~ ~ .. ~~---...~,~ , :.~_~-. '"I ,,"':~ !., :". -\: f

, -:', ( ,.J.s'-CARrCT~-:_WATANABE :'" ' . '. ,', ACTING '

REGISTRAR 'OF <70NVEYANCE( .! .-

CO~~YANCE,~AX: $450.00 -...,.~~-

AFTER RECORDATION, RETURN BY MAIL x) PICK-UP (

MOLOAA RANCH L.L.C. 132 WEST MAIN STREET ASPEN, COLORADO 81611

Escrow No. 98120177 Job No. 00085550

8 S-S"":> -zJ A-

TITLE OF DOCUMENT:

WARRANTY DEED

PARTIES TO DOCUMENT:

GRANTOR:

GRANTEE:

PROPERTY DESCRIPTION:

TAX KEY:

RYAN EQUITY PARTNERS, LTD., a Texas limited partnership

5470 Prospect Ave., Ste. 1150 Dallas, TX 75206

MOLOAA RANCH, L.L.C., a Colorado Limited Liability Company

132 West Main Street Aspen, CO 81611

(4) 4-9-11-portion 001 {Allotmen~,~

..

, .~ o o WARRANTY DEED

KNOW ALL MEN BY THESE PRESENTS:

That RYAN EQUITY PARTNERS, LTD., a Texas limited partner

ship, hereinafter called the "Grantor", for and in consideration

of the sum of TEN DOLLARS ($10.00) and other valuable consider

ation to Grantor paid by MOLOM RANCH, L.L.C., a Colorado

Limited Liability Company, whose mailing address is 132 West

Main Street, Aspen, Colorado 81611, hereinafter called the

"Grantee", the receipt whereof is hereby acknowledged, does

hereby grant and convey unto Grantee, an undivided six percent

(6%) interest in and to the property described in Exhibit "A",

attached hereto and incorporated herein.

TO HAVE AND TO HOLD the same, together with all the

improvements thereon, and all the rights, easements, appurte

nances and remainders thereunto belonging or in anywise apper

taining or" held and enjoyed therewith, subject to the encum

brances noted in Exhibit "A", unto the Grantee, and Grantee's

successors and assigns in fee simple.

AND the Grantor, for Grantor and Grantor's successors, does

hereby covenant with the Grantee, and Grantee's successors and

assigns, that Grantor is lawfully seised of the premises

conveyed in fee simple; that Grantor has good right to grant and

convey the same; that the same are free and· clear of all

encumbrances, except those noted in Exhibit "Alii that Grantor

- 2 -

o o and Grantor's successors shall forever warrant and defend the

same unto the Grantee, and Grantee's successors and assigns

against the lawful c:aims and demands of all persons as afore-

said.

IN W~SS WHEREOF, the Grantor has executed these presents

this~l.o day of Y 0t ' 1998.

RYAN EQUITY PARTNERS, LTD.

BY~ ==

Its General Partner

STATE OF TEXAS

COUNTY OFr:J)O~ ss.

On this ~ Q day of \-\. , 1998, before me appeared DEAN L. RYAN, to me person ly known, who, being by me duly sworn, did say that he is t General Partner of RYAN EQUITY PARTNERS, LTD., a Texas liml. ed partnership, -that the foregoing instrument was signed in behalf of said partnership by authority of the partners, and said General Partner acknowledged the instrument to be the free act and deed of said partnership.

ALANA CANNING MY COMMISSION EXPIRES

February 23, 1999

e:\2Molou

My commission expires:

- 3 -

o

EXHIBIT "A"

MOLOAA BAY RANCH Allotment C

o

All that certain parcel of land, being Allotment C of Kaapuna Hui Land, Equity No. 85 Partition, Fifth Circuit Court, situated at Moloaa, Kauai, Hawaii;

Being a portion of Grant 535 to James W. smith and more particularly described as follows:

Beginning at a 1" pipe in concrete at the North corner of this parcel of land, at the East corner of Allotment A, Kaapuna Hui Land, being the West corner of Allotment 1-A, Moloaa Hui Lands, Equity No. 80 Partition, Fifth Circuit Court, the coordinates of which referred to Government Survey Triangulation station "MOLOAA" being 1,772.43 feet North and 7,465.52 feet West and running by azimuths measured clockwise from true South:

1. 318 0 50' 30" 1,128.80 feet along Allotment 1-A, Moloaa Hui Land, to a pipe;

2. 60 0 42' 30" 341.90 feet along Allotment D-1, Kaapuna Hui Land, to a pipe;

3. 69 0 50' 646.01

4-. 158 0 14' 238.38

feet along Allotment E, Kaapuna Hui Land, to a pipe;

feet along Koolau Road;

5. Thence along Koolau Road, on a curve to the right with a radius of 65.00 feet the chord azimuth and distance being: 211 0 24' 104.05 feet;

6. 264 0 34' 70.35 feet along Koolau Road;

7. Thence along Koolau Road, on a curve to the left with a radius of 325.00 feet the chord azimuth and distance being: 252 0 58' 15" 130.65 feet;

8. 241 0 22' 30" 53.71 feet along Koolau ~oad;

9. Thence along Koolau Road, on a curve to the right with a radius of 325.00 feet the chord azimuth and distance being:

o o

262 0 07 1 45" 230.33 feet;

10. 282 0 53 1 50.95 feet along Koolau Road;

11. Thence along Koolau Road, on a curve to the left with a radius of 221.93 feet the chord azimuth and distance being: 275 0 471 30" 54.80 feet;

12. Thence along Koolau Road, on a curve to the left with a radius of 57.50 feet the chord azimuth and distance being: 189 0 36 1 112.93 feet;

13. Thence along Koolau Road, on a curve to the left with a radius of 757.82 feet the chord azimuth and distance being: 102 0 44 1 204.82 feet;

14. 94° 58 1 37.01 feet along Koolau Road;

15. Thence along Koo1au Road, on a curve to the left with a radius of 775.00 feet the chord azimuth and distance being: 88 0 421 30" 168.97 feet;

16. 82° 271 52.91 feet along Koolau Road;

17. Thence along Koolau Road, on a curve to the right with a radius of 175.00 feet the chord azimuth and distance being: 96 0 58 1 30" 87.78 feet;


19. Thence along Koolau Road, on a curve to the left with a radius of 375.00 feet the chord azimuth and distance being: 91° 48 1 30" 252.72 feet;


21. Thence along Koolau Road, on a curve to the right with a radius of 65.00 feet the chord azimuth and distance being: 111 0 111 81.93 feet;

- 2 -

· . o

22. 221 0 00'

23. 231 0 18'

o

606.95 feet along Allotment A, Kaapuna Hui Land to a pipe and passing over a pipe at 16.93 feet;

343.35 feet along Allotment A, Kaapuna Hui Land to the point of beginning and containing an area of 16.057 acres.

Being a portion of the land conveyed by the following:

SPECIAL TRUSTEE'S DEED

Grantor:

Grantee:

Dated: Document No:

American Trust Co. of Hawaii, Inc., a Hawaii corporation, as Trustee of its Land Trust Number 90-01666 under Land Trust Agreement dated January 9, 1984 Ryan Equity Partners, Ltd., a Texas limited partnership April 12, 1993 93-068664

SUBJECT, HOWEVER, to the following:

1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.

2. Reservation contained in Grant 10,095 and in Deed dated January 30, 1980, recorded in the Bureau of Conveyances of the State of Hawaii in.Book l2 Page 400, to-wit:

Excepting and Reserving therefrom a trail over and across the land near highwater mark, which highwater mark is that part of the shore of the sea which the waves ordinarily reach when the tide is at its highest. The location of the portion of said trail that crosses Grant 10,095 shall be designated by the Commissioners of Public Lands. Reserving to the owners of allotments 12, 13-A, 13-B, 14, 15 and 17, their heirs and assigns, the right to fish and to bathe in the portion of Moloaa Stream within the boundaries of the above described allotment.

3. Free flowage of water of Moloaa stream.

4. Claims arising out of customary or traditional Hawaiian rights, including but not limited to those for access or

- 3 -

e:\5MoIou

o o

gathering purposes protected by the constitution and/or the laws of the state of Hawaii.

- 4 -

· . ., . o R-439

( VI

)

LAND COURT SYSTEM

o STATE OF HAWAII

BUREAU OF CONVEYANCES RECORDED

JUN 04, 1998 08:02 AM

Doc No(s) 98-080520

/s/CARL T. WATANABE ACTING j

REGISTRAR OF CONVEYANCE

1 CONVEYANCE TAX: $1.00

AFTER RECORDATION, RETURN BY MAIL ( X) ~~~~-u~ ~

MOLOAA RANCH L.L.C. Escrow No. 98120177 132 WEST MAIN STREET Job No. 00085550 ASPEN, COLORADO 81611

D TITLE OF DOCUMENT: f'-.-

o EXCHANGE WARRANTY DEED

=P~AR==T~I=E~S-=T~O-=D~O~C~UM~E~N~T~:--------------------------------------------------------

GRANTOR:

GRANTEE:


TAX KEY:





(4) 4-9-11-portion 001 (Allotment 1-A)

o o EXCHANGE WARRANTY DEED





ation paid by MOLOAA RANCH, L.L.C., a Colorado Limited Liability

Company, whose mailing address is 132 West Main Street, Aspen,

Colorado 81611, hereinafter called the "Grantee", in connection

with an exchange by the Grantor under section 1031 of the

Internal Revenue Code of 1986, as amended, does hereby grant and

convey unto Grantee, an undivided ninety-four percent (94%)

interest in and to the property described in Exhibit "A",




nances and remainders thereunto belonging or in anywise apper- 0"

taining or held and enjoyed therewith, subject to the encum







convey the same; that the same are free and clear of all

- 2 -

o o encumbrances, except those noted in Exhibit "A"; that Grantor

and Grantor's successors shall forever warrant and defend the

same unto the Grantee, and Grantee's successors and assigns

against the lawful claims and demands of all persons as afore

said.

IN WITNESS WHEREOF, the Grantor has executed these presents

this&L;Lday of H ~".- , 1998.

\

STATE OF TEXAS


By D~""==-Its General Partner

COUNTY 00'=b ~ ~ ss.

On this ~lp~ay of ~ , 1998, before me appeared DEAN L. RYAN, to me persona own, who, -being by me duly sworn, did say that he is th General Partner of RYAN EQUITY PARTNERS, LTD., a Texas limited partnership, that the foregoing instrument was signed in behalf of said partnership by authority of the partners, and said General Partner acknowledged the instrument to be the free act and deed of said partnership.

e:\IMo1ou

ALANA CANNING M'C COMMISSION EXPIRES

february 23, 1999


- 3 -

o

EXHIBIT "A"

MOLOAA BAY RANCH Allotment 1-A

o

All that certain parcel of land, being Allotment 1-A, Moloaa Hui Lands, Equity No. 80 Partition, Fifth Circuit Court at Moloaa; Kauai, Hawaii;

Being a portion of lands deeded from Richard Armstrong, President of the Board of Education to the Trustee of Oahu College dated January 30, 1860, and recorded in Book 12 page 400, and a portion of Grant 10095 to the Commissioners in the Moloaa Hui Partition and more particularly described as follows:

Beginning at a 1" pipe in concrete at the West corner of this parcel of land, at the North corner of Allotment C, Kaapuna Hui Land, Equity No. 85 Partition, Fifth Circuit Court, also being the South corner of the parcel of land sold at auction to Olaf Thronas, the coordinates of which referred to Government Survey Triangulation station "MOLOAA" being 1,772.43 feet North and 7,465.52 feet West and running by azimuths measured clockwise from True South:

1- 232 0 42' 56.80 feet along the parcel of land sold at auction to Olaf Thronas;

2. 268 0 45' 435.00 feet along the parcel of land sold at auction to Olaf Thronas;

3 . 242 0 58' 137.00 feet along the parcel of land sold at auction to Olaf Thronas;




o o

7. 181 0 45' 111.50 feet along the parcel of land sold at auction to Olaf Thronasi


9 . 285 0 53' 130.05 feet along the parcel of land sold at auction to Olaf Thronasi


11- 211 0 55' 248.00 feet along the parcel of land sold at auction to Olaf Thronasi







18. 219 0 05' 362.00 feet along the parcel of land sold at auction to

- 2 -

o o

Olaf Thronas;





23. 225 0 10' 131. 00 feet along the parcel of land sold at auction to Olaf Thronas;

24. 223 0 02' 30" 499.07 feet along the parcel of land sold at auction to Olaf Thronasi

25. 321 0 10' 8.57 feet along a 20 ft. square reservation for Government Survey Triangulation station "PINE"i

26. 231 0 10' 20.00 feet along a 20 ft. square reservation for Government Survey Triangulation station "PINE";

27. 141 0 10' 10.61 feet along a 20 ft. square reservation for Government Survey Triangulation Station "PINE";

28. 227 0 39' 30" 168.29 feet along the parcel of land sold at auction to Olaf Thronas;

- 3 -

o o

Thence along the rocky shoreline at the high wash of the waves as certified on March 10, 1994 for the next ten (10) courses;

29. 303° 50' 1. 39 feet;

30. 322° 35' 332.07 feet;

3 1. 3 4 9 ° '50 ' 193.13 feet;

32. 355° 40' 168.13 feet;

33.22° 55' 126.89 feet;

34. 47° 00' 330.34 feet;

35. 60° 39' 114.40 feet;

36. 49° 35' 188.34 feet;

37. 30° 15' 113.54 feet;

38. 50° 25' 160.37 feet;

Thence along a sandy beach shoreline at a vegetation line as certified on March 10, 1994 for the next seven (7) courses;

39. 69° 05'

40. 39° 54'

41. 19° 30'

42. 4° 44'

43. 29° 51'

44. 353 0 49'

45. 324° 25'

46. 262° 14'

47.50° 26'

170.05 feet;

126.42 feet;

325.20 feet;

188.06 feet;

47.86 feet;

126.28 feet;

131.21 feet;

45.98 feet across Moloaa stream;

42.74 feet along the South bank of Moloaa Stream and along the remainders of Hui Road "B" and Allotment 12, Moloaa

- 4 -

o

48. 87 0 00'

49. 47 0 25'

50. 80 0 26'

51. 104 0 15'

52. 66 0 39' 30"

53.158 0 30'

o

Hui Land;

66.97 feet along the South bank of Moloaa Stream and along the remainders of Allotment 12, and Hui Road "B", Moloaa Hui Land;

29.54 feet along the South bank of Moloaa Stream and along the remainders of Allotment 12, and Hui Road "B", Moloaa Hui Land;

33.87 feet along the South bank of Moloaa Stream and along the remainders of Allotments 12 and 13-A, and Hui Road "B", Moloaa Hui Land;

26.65 feet along the South bank of Moloaa Stream and along the remainders of Hui Road "B";

76.03 feet along Hui Road "B";

10.00 feet along Allotment 17 Moloaa Hui Land;

Thence along the bank of Moloaa stream, for the next thirteen (13) courses;

54. 53 0 00 ' 17.00 feet;

55. 42 0 45' 31. 00 feet;

56. 16° 44' 69.00 feet;

57. 2 0 38' 73.30 feet;

58. 321 0 50' 52.00 feet;

59. 311 0 30' 29.00 feet;

60. 288 0 00' 20.00 feet;

- 5 -

o o

61. 241° 45' 74.00 feet;

62. 243° 37' 65.60 feet;

63. 258° 04' 60.24 feet;

64. 264° 00' 15.00 feet;

65. 288° 00' 35.00 feet;

66. 317° 20' 20.00 feet;

67. 55° 49' 30" 98.94 feet along and across Moloaa stream, and passing over a pipe at 53.94 feet to a pipe;

68. 76° 19' 321.35 feet along Exclusion 2, L.C. Aw. 238-02 to Kaneiki to a pipe;

69. 95° 00' 20.00 feet along the end of Hui Road "A" to a pipe;

70. 5° 00' 63.80 feet along Hui Road "A" to a pipe;


72. 18° 12' 30" 203.92 feet along Hui Road "A" to a pipe;



75. 36° 58' 121. 28 feet along Hui Road "A" to a pipe;


- 6 -

o o

77. 355 0 47' 122.35 feet along Hui Road "A" to a pipe;

78. 334 0 59' 189.36 feet along Hui Road "A" to a pipe;

79. Thence along Hui Road "A" on a curve to the right with a radius of 90.00 feet the chord azimuth and distance being: 2 0 09' 82.18 feet to a pipe;

80.

81.

82.

83.

84.

85.

29 0 19' 19.45 feet along Hui Road "A" to a pipe;

113 0 25' 223.20 feet along Allotment 22-A of Moloaa Hui Land to a pipe;




138 0 50' 30" 1,128.80 feet along Allotment C, Kaapuna Hui Land, to the pojnt of beginning .. and containing an area of 103.464 acres more or less.

Being a portion of the land conveyed by the following:


Grantor:

Grantee:

Dated: Document No:


- 7 -

o o


1. Reservation in favor of the state of Hawaii of all mineral and metallic mines.

2. Reservation contained in Grant 10,095 and in Deed dated January 30, 1980, recorded in the Bureau of Conveyances of the state of Hawaii in Book 12 Page 400, to-wit:

Excepting and Reserving therefrom a trail over and across the land near highwater mark, which highwater mark is that part of the shore of the sea which the waves ordinarily reach when the tide is at its highest. The location of the portion of said trail that crosses Grant 10,095 shall be designated by the Commissioners of Public Lands. Reserving to the owners of allotments 12, 13~A, 13-B, 14, 15 and 17, their heirs and assigns, the right to fish and to bathe in the portion of Moloaa stream within the boundaries of the above described allotment.

3. Shoreline setbacks: "Shoreline setbacks established pursuant to the laws of the State of Hawaii, or any political subdivision thereof, and any ordinances, rules or regulations adopted or promulgated by any governmental authority pursuant to such laws."

4. Seaward boundary: "Determination of the seaward boundary of the land described herein pursuant to the laws of the State of Hawaii".

5. Free flowage of water of Moloaa Stream.

6. Claims arising out of customary or traditional Hawaiian rights, including but not limited to those for access or gathering purposes protected by the Constitution and/or the laws of the state of Hawaii.

e:\3Moloaa

- 8 -

, .' .. ,

LAND COURT SYSTEM

o

_._ L

(

MAY 29, . 1998 08:02 AM

. -" I: \, _:.'. __ _ '. Doc.:No(s) .98-077725

l. .. / S>j CARL T:WATANABE

'REGI~;~RAg~I~gNVEYANCE{

AFTER RECORDATION, RETURN BY MAIL x) .t'.LI..;l\.-ut' (

MOLOAA RANCH L.L.C. 132 WEST MAIN STREET ASPEN, COLORADO 81611

Escrow No. 98120177 Job No. 00085550

TITLE OF DOCUMENT:

EXCHANGE WARRANTY DEED

PARTIES TO DOCUMENT:

GRANTOR:

GRANTEE:


TAX KEY:





(4) 4-9-11-portion 001

o o EXCHANGE WARRANTY DEED





ation paid by MOLOAA RANCH, L.L.C., a Colorado Limited Liability

Company, whose mailing address is 132 West Main Street, Aspen,

Colorado 81611, hereinafter called the "Grantee", in connection

with an exchange by the Grantor under section 1031 of the

Internal Revenue Code of 1986, as amended, does hereby grant and

convey unto Grantee, an undivided ninety-four percent (94%)

interest in and to the property described in Exhibit "A",




nances and remainders thereunto belonging or in anywise apper

taining or held and enjoyed therewith, subject to the encum







convey the same; that the same are free and clear of all

- 2 -

-.' o o encumbrances, except those noted in Exhibit "A"i that Grantor

and Grantor's successors shall forever warrant and defend the

same unto the Grantee, and Grantee I s successors and "'lssigns

against the lawful claims and demands of all persons as afore-

said.

IN WITNESS WHEREOF, the Grantor has executed these presents

this~l5f-day of t\. T , 1998.


By~.~~ D L. R AN Its General Partner

STATE OF TEXAS ss.

COUNTY o~a~~ " On this~1-D day of , 1998, before me

appeared DEAN L.RYAN, to me personally who,- being by me duly sworn, did say that he is the G era I Partner of RYAN EQUITY PARTNERS, LTD., a Texas limite partnership, that the foregoing instrument was signed in behal of said partnership by authority of the partners, and said General Partner acknowledged the instrument to be the free act and deed of said partnership.

AlANA CANNING MY COMMISSION EXPIRES

February 23, 1999

e:\lMoiou


- 3 -

.. o o

EXHIBIT "A"

MOLOAA BAY RANCH

Parcel sold At Auction to Olaf Thronas

All that certain parcel of land sold at auction to Olaf Thronas, being a portion of Moloaa Hui Land, Equity No. 80 Partition, Fifth Circuit Court, situated at Moloaa, Kauai, Hawaii;

Being a portion of Deed from Richard Armstrong, President of the Board of Education to the Trustees of Oahu College dated January 30, 1860, and recorded in Book,12, page 400 and Grant 10095 to the Commissioners in the Moloaa Hui Partition and more particularly described as follows:

Beginning at a concrete post at the West corner of this parcel of land at the South corner of Lot 0-1, Land Court Application 1161, on the Northeast boundary of Allotment A, Kaapuna Hui Land, Equity No. 85 Partition, Fifth Circuit Court, the coordinates of which referred to Government Survey Triangulation Station "MOLOAA" being 1,955.31 feet North and 7,625.39 feet West and running by azimuths measured clockwise from True South:

1. 235 0 49' 1,197.90 feet along Lot 0-1, Land Court Application 1161 to a 2"pipe in concrete;

2 . 227 0 32' 3,310.50 feet along Grants 613 and 614 to Kahele, and Grant 612 to Kaulahiwa and passing over a 2" pipe in concrete at 2,981.67 feet to the shoreline;

3. 303 0 11' 351. 38 feet along the Rocky shoreline at the high wash of the waves as certified on March 10, 1994;

4. 47 0 39' 30" 168.29 feet along Allotment 1-A, Moloaa Hui Land;

5. 141 0 10' 9.39 feet along a 20 ft. square reservation for Government

o o

Survey Triangulation station "PINE"i

6. 51° 10' 20.00 feet along a 20 ft. square reservation for Government Survey Triangulation Station

. "PINE" i

7. 321° 10' 11.43 feet along a 20 ft. square reservation for Government Survey Triangulation station "PINE"i

8. 43° 02' 30" 499.07 feet along Allotment 1-A, Moloaa Hui Landi

9. 45° 10' 131.00 feet along Allotment 1-A, Moloaa Hui Landi

10. 91° 59' 30" 166.10 feet along Allotment 1-A, Moloaa Hui Landi



13. 324° 00' 121. 00 feet along Allotment 1-A, Moloaa Hui Lan~;


15 358° 05' 182.00 feet along Allotment 1-A, Moloaa Hui Landi



18. 46° 55; 359.00 feet along Allotment 1-A, Moloaa Hui La'i1di

- 2 -

~. o o



21- 31° 55' 248.00 feet along Allotment I-A, Moloaa Hui Landi

22. 60° 57' 363.00 feet along Allotment I-A, Moloaa Hui Landi



25. 1° 45' 111. 50 feet along Allotment I-A, Moloaa Hui Landi







32. 138° 50' 30" 242.90 feet along Allotment 1-A, Kaapuna Hui Land to the point of beginning and containing an area of 43.569 acre.

- 3 -

o o

Being a portio~ of the land conveyed by the following:


Grantor:

Grantee:

Dated: Document No:



1. Reservation in favor of the state of Hawaii of all mineral and metallic mines.

2. Reservation contained in Grant 10,095 and in Deed dated January 30, 1980, recorded in the Bureau of Conveyances of the state of Hawaii in Book 12 Page 400, to-wit:

Excepting and Reserving therefrom a trail over and across the land near highwater mark, which highwater mark is that part of the shore of the sea which the waves ordinarily reach when the tide is at its highest. The location of the portion of said trail that crosses Grant 10,095 shall be designated by the Commissioners of Public Lands. Reserving to the owners of allotments 12, 13-A, 13-B, 14, 15 and 17, their. heirs and .assigns, the right to.fish and to bathe in the portion of Moloaa stream within the boundaries of the above described allotment.

3. Shoreline setbacks: "Shoreline setbacks established pursuant to the laws of the state of Hawaii, or any political subdivision thereof, and any ordinances, rules or regulations adopted or promulgated by any governmental authority pursuant to such laws."

4. Seaward boundary: "Determination of the seaward boundary of the land described herein pursuant to the laws of the State of Hawaii".

5. Claims arising out of customary or traditional Hawaiian rights, including but not limited to those "for access or gathering purposes protected by the Constitution and/or

- 4 -

'- o o

the laws of the state of Hawaii.

e:\4Moloaa

- 5 -

DEPARTMENT OF LAND AND NATURAL RESOURCES...1 COVER LETTER 2 PERMIT (2x) 3 DOH COMMENTS 4LAND DIV....

Documents

Transcript of DEPARTMENT OF LAND AND NATURAL RESOURCES...1 COVER LETTER 2 PERMIT (2x) 3 DOH COMMENTS 4LAND DIV....