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testimony that we've just gotten in and copied and should be distributed to you shortly. There <br />was one from Cory Harden and then two other pieces that should be coming around to you right <br />now. <br />With that, that's what I've got here. Any questions on the refresher? Oh, sorry, there was one <br />other thing. This morning, the Chairman asked me to provide a slide with some discussion of the <br />underground injection control line and what that meant. So, I pulled a map from the Department <br />of Health website, and this is the Safe Drinking Water Branch that regulates that UIC line. As <br />you can see here in the star is roughly where the subject property is. On the left-hand side of this <br />red line is that underwater injection control line. So, areas below or makai of that line, the Safe <br />Drinking Water Branch determines that those underlying, the underlying aquifer is not <br />considered a drinking water source. There is a wider variety of wells allowed. Injection wells <br />still need a UIC permit or permit exemption, and permit limitations are imposed. <br />Above or mauka of that UIC line, the underlying aquifer is considered a drinking water source. <br />There are limited types of injection wells allowed. Injection wells need a UIC permit or permit <br />exemption, and permit limitations are imposed, and requirements are more stringent. These <br />bullet points here came directly from that website. <br />With that, I'd be happy to answer any questions that the Commission may have on this refresher. <br />REPLOGLE: I have— the line, so makai of the line is what they refer to as undesignated, a <br />water source and above it is designated, meaning that's our drinking water and below it is <br />considered a free for all? <br />KAY: According to the information on their website, that's correct. The area makai or below <br />that line is not considered a drinking water source, and again the subject parcel is located in an <br />area makai or below that line. This information was also available in the Applicant's, the <br />application with their environmental study that was included in that and also in documentation <br />from the Department of Health verifying that that's the case. <br />REPLOGLE: Thank you. <br />KAY: Thank you. <br />IKEDA: Can you repeat that? I missed it. You're saying that the water source is not a drinking <br />potable source? <br />KAY: Right, so the Department of Health, Safe Drinking Water Branch does not consider areas <br />below that line a drinking water source. So, areas above or makai that line, of that line would be <br />considered a drinking water source and, therefore, there's more limited types of injection wells, <br />requirement for a permit, and more stringent limitations or conditions imposed on those permits <br />to protect what they consider a drinking water source. <br />REPLOGLE: That does not mean that the water below that line is bad. It only means that it's <br />not designated as drinking water. <br />EXHIBIT D <br />4 <br />