EXHIBIT 11-H

 

DRAFT – prepared March 11, 2005

                                                                             

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (MPWMD)

                           FINDINGS of APPROVAL -- REVISED

 

                                 CONSIDERATION OF APPLICATION TO CREATE

BARDIS WATER DISTRIBUTION SYSTEM; APN 169-181-051

 

Adopted by MPWMD Board of Directors on March 21, 2005

 

Unless otherwise noted, all evidence is on file and available for public review at the District office, 5 Harris Court, Bldg. G, Monterey (Ryan Ranch)

 

It is hereby found and determined as follows:

 

1.         FINDING:            Applicant Christo Bardis is the owner of property at the intersection of Carmel Valley and Schulte Roads, Carmel Valley.  The existing parcel (APN 169-181-051) is 10.02 acres in size and currently includes a produce stand, farmhouse, garage and barn; up to 7.7 acres have been in agriculture in the past, but are not actively tilled at present.  The farmhouse and produce stands are served and will continue to be served by California American Water (Cal-Am).

 

EVIDENCE:         Application #20040426BAR, site map and application materials dated April 26, 2004 available for review at District office.  Clarification from applicant dated November 8, 2004 (e-mail).

 

2.                  FINDING:            A well permit was issued by the Monterey County Health Department in February 2004.   The well was constructed on the subject property and tested in July 2004.

 

EVIDENCE:         Monterey County Health Department permit #04-06798; State DWR Well Completion Report #0900420.

 

3.         FINDING:            Applicant has applied for a permit to create the Bardis Water Distribution System (WDS) for a well to provide both potable and non-potable water on existing parcel APN 169-181-051 as allowed by Monterey County zoning and health regulations.  The subject property is zoned LDR (Section 21.14.030).

 

EVIDENCE:         Application #20040426BAR submitted to District on April 26, 2004.

 

4.         FINDING:            Based on data provided in the application, applicable zoning regulations, previous County land use approvals, and previous litigation, 14.91 acre-feet per year (AFY) of water could legally be used on the subject parcel.

 

EVIDENCE:         Application #20040426BAR and subsequent materials submitted to District as contained in application file; Monterey County Superior Court Case No. M43343 (Save Our Carmel River v. County of Monterey, et al.), including Stipulation and Order re: Water Usage on Remainder Parcel; Exhibit 5 of November 19, 2004 MPWMD hearing materials (site history).  

 

5.         FINDING:            The application to create the Bardis WDS, along with supporting materials, is in accordance with District Rules 21 and 22.

 

EVIDENCE:         Permit application #20040426BAR submitted to District on April 26, 2004, and supplemental materials on file at District office.

 

Required Findings (MPWMD Rule 22-B)

 

6.         FINDING:            The approval of the permit would allow duplication of water service as the subject property is currently served by Cal-Am. However, the duplication of service is not considered to be unnecessary because of existing limitations and constraints on Cal-Am by the State Water Resources Control Board (SWRCB) Order 95-10 and the need to reduce Cal-Am diversions from the Carmel River for many years until a replacement source is developed.  The water extractions authorized for this property have been legally determined in previous litigation. 

 

EVIDENCE:         SWRCB Order WR 95-10 limiting Cal-Am production from Carmel River alluvial aquifer.  Monterey County Superior Court Case No. M43343 (Save Our Carmel River v. County of Monterey, et al.), including Stipulation and Order re: Water Usage on Remainder Parcel; Exhibit 5 of November 19, 2004 MPWMD hearing materials (site history).  

 

7.         FINDING:            The approval of the permit would not result in water importation or exportation to or from the District, respectively.

 

EVIDENCE:         The referenced parcel is located wholly within the MPWMD as shown on District boundary location maps on file at the District office.

 

8.         FINDING:            Approval of the application would not result in significant adverse impacts to the environment that cannot be mitigated by conditions attached to the permit.  MPWMD approval is exempt from the California Environmental Quality Act (CEQA).  The system permit has been conditioned to be consistent with previously approved land use approvals (residential water allotment of adjacent parcels) from Monterey County as well as CEQA litigation.

 

EVIDENCE:         CEQA Notice of Exemption (revised) signed March __, 2005 citing CEQA Guidelines Sections 15301 and 15303.  MPWMD Permit Condition #3 setting water production limits corresponding to long-term irrigation uses and proposed residential/landscape uses as allowed by Monterey County..  Monterey County Superior Court Case No. M43343 (Save Our Carmel River v. County of Monterey, et al.), including Stipulation and Order re: Water Usage on Remainder Parcel (Paragraph 3-A); Exhibit 5 of November 19, 2004 MPWMD hearing materials (site history).  

 

9.         FINDING:            The application adequately identifies the claim of right for the source of water supply and provides supporting verification.

 

EVIDENCE:         Information provided in Application #20040426BAR.  Monterey County Superior Court Case No. M43343 (Save Our Carmel River v. County of Monterey, et al.), including Stipulation and Order re: Water Usage on Remainder Parcel; Exhibit 5 of November 19, 2004 MPWMD hearing materials (site history).  

 

10.       FINDING:            The application demonstrates existence of a long-term reliable source of water supply for the proposed uses. Well testing demonstrated adequate yield; water quality meets primary drinking water standards, but does not meet secondary (aesthetic) standards for chloride, iron, manganese, sulfate and conductivity.  Title 22 water quality standards are not required for single-connection systems. Treatment methods are available to remove these contaminants for potable uses, if desired.  The District will oppose any application to replace water service for structures served by the Bardis WDS with Cal-Am service if inadequate water quality is the rationale, until full compliance with SWRCB Order 95-10 is achieved.

 

EVIDENCE:         Well pumping test data from existing on-site well from Granite Drilling dated July 12, 2004.  Water quality analysis provided in application materials.  MPWMD Implementation Guidelines for Ordinance No. 96 and 105; Monterey County Health Department regulations.  Bardis WDS Conditions of Approval, Condition #14.

 

11.       FINDING:            The source of supply is the Carmel Valley Alluvial Aquifer (CVAA) and is shared by other water distribution systems much larger than the subject system; the CVAA as a whole is adversely affected by the cumulative impacts of those systems.  The cumulative effects of issuance of a permit for subject property would not be expected to result in significant adverse impacts to the species and habitat dependent on those sources of supply because the water distribution system permit conditions do not allow future land use to differ from those uses already approved by Monterey County, and are consistent with CEQA litigation affecting the property.

           

            EVIDENCE:         Bardis WDS Conditions of Approval, including Condition #3.  Monterey County Superior Court Case No. M43343 (Save Our Carmel River v. County of Monterey, et al.), including Stipulation and Order re: Water Usage on Remainder Parcel (Paragraph 3-A); Exhibit 5 of November 19, 2004 MPWMD hearing materials (site history).  

 

12.       FINDING:            The source of supply for the subject parcel is derived from the Monterey Peninsula Water Resources System.  The subject parcel overlies the CVAA and has been served to date by water extracted from the CVAA via the Cal-Am system or by two on-site irrigation wells (currently inoperable).  The water extractions authorized for this parcel are controlled by Monterey County Superior Court action, including Stipulation and Order. 

 

            EVIDENCE:         MPWMD map showing boundaries of Carmel Valley alluvial aquifer and Ordinance No. 96 regulatory area superimposed on Monterey County parcels.  Materials submitted with application #20040426BAR. Monterey County Superior Court Case No. M43343 (Save Our Carmel River v. County of Monterey, et al.), including Stipulation and Order re: Water Usage on Remainder Parcel (Paragraph 3-A); Exhibit 5 of November 19, 2004 MPWMD hearing materials (site history).  

 

13.     FINDING:              For the new structures and uses supplied by the Bardis WDS, no permanent intertie between the Bardis WDS and any other system is allowed.  The property is within the Cal-Am service area, and Cal-Am is required to provide emergency fire protection.  Cal-Am supply is also currently available to certain structures on the property (farmhouse and produce stand) and would continue to be available to those structures.  Temporary water service could be provided by trucked-in water pursuant to MPWMD Rule 173 if the proposed system experienced a failure or other non-fire emergency situation. 

 

EVIDENCE:         Map of Cal-Am service area available at District office; application #20040426BAR; Bardis WDS Conditions of Approval, Condition #12.

 

14.     FINDING:              A back-flow protection device to prevent contamination of the Cal-Am system will be installed, if necessary, as a condition of this permit. 

 

EVIDENCE:         Bardis WDS Conditions of Approval, Condition #13.  MPWMD Rule 22-B-9, and Rule 22-D-1(h). 

 

Minimum Standards for Granting a Permit (MPWMD Rule 22-C)

 

15.       FINDING:            The application adequately identifies the responsible party as Christo D. Bardis.

 

EVIDENCE:         Permit application #20040426BAR on file at the MPWMD office.

 

16.       FINDING:            The application meets the definition of a “single-parcel connection system” and is therefore exempt from complying with California Title 22 water quality standards.

 

EVIDENCE:         Permit application #20040426BAR on file at the MPWMD office.  District Implementation Guidelines for Ordinance 96 and 105.

 

17.       FINDING:            The application identifies the location of the source of supply for water distribution system (water source and well site).

 

EVIDENCE:         Permit application #20040426BAR on file at the MPWMD office, including location map.  District GIS maps in electronic format.

 

18.       FINDING:            The approval of the application would not create an overdraft or increase an existing overdraft of a groundwater basin due to conditions of approval that reflect current land use on the property as well as determinations based on previous litigation.  See also Findings #11 and #12.

 

            EVIDENCE:         See citations in Findings #11 and #12.  Bardis WDS Conditions of Approval, Condition #3.  Monterey County Superior Court Case No. M43343 (Save Our Carmel River v. County of Monterey, et al.), including Stipulation and Order re: Water Usage on Remainder Parcel; Exhibit 5 of November 19, 2004 MPWMD hearing materials (site history).

 

19.       FINDING:            The approval of the application would not adversely affect the ability of existing systems to provide water to users due to conditions of approval that limit future water use on the parcel to no greater than existing allowed uses as defined by the Court Order and Stipulation. 

 

            EVIDENCE:         See Finding #11.  Bardis WDS Conditions of Approval, Condition #3.  Monterey County Superior Court Case No. M43343 (Save Our Carmel River v. County of Monterey, et al.), including Stipulation and Order re: Water Usage on Remainder Parcel (Paragrpag 3-A); Exhibit 5 of November 19, 2004 MPWMD hearing materials (site history).   

 

Compliance with CEQA

 

20.       FINDING:            In the review of this application, MPWMD has followed those guidelines adopted by the State of California and published in the California Administrative Code, Title 14, Section 15000 et seq.  Specifically, the MPWMD as a lead agency under CEQA for this action, determined that this action is Categorically Exempt under Category 1, Existing Facilities, and Category 3, New Construction or Conversion of Small Structures.

 

EVIDENCE:         CEQA and CEQA Guidelines, Sections 15301 and 15303.  Notice of Exemption for Bardis WDS (revised) dated March __, 2005.

 

 

 

 

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