EXHIBIT 17-D

 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

DRAFT

FINDINGS of APPROVAL

 

CONSIDER APPLICATION TO CREATE LONG RIDGE/WELL N-31 ADDITION TO SANTA LUCIA PRESERVE WATER DISTRIBUTION SYSTEM

Service area: APN 239-131-015 through -026, -028, and -030.

 

Application #20071107SLC, Permit #M09-02-L4

Adopted by MPWMD Board of Directors on January __, 2009

 

Unless noted otherwise, all cited documents and materials are available for review at the MPWMD Office, 5 Harris Court, Building G, Monterey (Ryan Ranch).

 

It is hereby found and determined as follows:

 

1.         FINDING:            Santa Lucia Community Services District is identified as the owner of the Santa Lucia Preserve Water Distribution System (SLPWDS), regulated by the Monterey County Health Department, which includes the subject Well N-31, located on parcel APN 239-131-022.

 

EVIDENCE:         Application #20071107SLC, site map and application materials dated November 7, 2007; Monterey County Health Department (MCHD) Water System Permit #270-2521.

 

2.         FINDING:            The parcel is not within the area served by California American Water (CAW) and the property does not receive CAW service.

 

EVIDENCE:         Permit application as specified in Finding #1; map of CAW service area.

 

3.         FINDING:            A valid well construction permit for a Well N-31 was issued by MCHD on November 20, 2000.  The well was constructed on May 25, 2001 and was tested for 72-hours during “dry season” conditions starting on May 29, 2001.

 

EVIDENCE:         Monterey County Health Department Permit #00-390; State Department of Water Resources Well Completion Report #782821; Summary Report -Drilling, Well Construction, and Aquifer Testing, Santa Lucia Preserve Well N-31, prepared by Geoconsultants, Inc., dated August 2001 (referred to herein as “Hydrogeologic Assessment”); Review of Well Source and Pumping Impact Assessment for SLCSD Well N-31, prepared by Pueblo Water Resources, dated December 5, 2007 (referred to herein as “Technical Review”).

 

4.         FINDING:            Applicant has applied for a permit to create the Long Ridge/Well N-31 Addition to the SLPWDS for a well to provide potable supply for 11 residential parcels in the Long Ridge area, and for parcels throughout the Santa Lucia Preserve as part of the integrated SLPWDS specified in Finding #1.  The well could potentially serve three open space parcels in the Long Ridge area.  The residential parcels in the Long Ridge area include APN 239-131-015 through -025; the open space parcels include APN 239-131-026, -028, and -030.

 

EVIDENCE:         Permit application as specified in Finding #1.

 

5.         FINDING:            Based on District staff analysis of the well data provided in the application, 12.15 acre-feet per year (AFY) has been set as the annual production limit for Well N-31 to meet the water needs for the parcels specified in Finding #4 as well as integration in to the larger SLPWDS.

 

EVIDENCE:         MPWMD Technical Review and Hydrogeologic Assessment specified in Finding #3; MPWMD Permit #M09-02-L4, Condition of Approval #3.

 

6.         FINDING:            The application to create the Long Ridge/Well N-31 Addition to the SLPWDS, along with supporting materials, is in accordance with District Rules 21 and 22.

 

EVIDENCE:         Permit application as specified in Finding #1.

 

Required Findings (MPWMD Rule 22-B)

 

7.         FINDING:            The approval of the permit would not cause unnecessary duplication of water service with any existing system.  The subject property is not within the areas served by CAW.  Well N-31 also appears to benefit from overlying water rights to percolating groundwater.  The proposed system will be limited to 23 connections as follows: 22 connections associated with the 11 residential parcels (e.g., main home and caretaker dwelling for each) and one master connection for irrigation needs and interconnection to the larger SLPWDS.   [Rule 22-B-1]

 

EVIDENCE:         Map of CAW service area; MPWMD Permit #M09-02-L4, Conditions of Approval #1 through #4. 

 

8.         FINDING:            The approval of the permit could result in water importation into, or exportation from, the District, depending on the circumstances.  The referenced well N-31 is located wholly within the MPWMD. However, the interconnected SLPWDS is comprised of numerous wells located throughout the Santa Lucia Preserve.  If water needs within the Long Ridge area are greater than the capacity of Well N-31, water could be imported into the District to serve the parcels listed in Finding #4.    If excess water is available because the Long Ridge area demand is less than the capacity of Well N-31, water could be exported from the District.  The total amount of export is constrained by the 12.15 AFY production limit set by Permit #M09-02-L4, and the water needs within the Long Ridge area (estimated at 9.6 AFY for the 11 residential lots). Thus, the amount of exported water is not expected to be greater than 2.55 AFY, on average (12.15 – 9.6 = 2.55).      [Rule 22-B-2]

 

EVIDENCE:         Permit application specified in Finding #1; MPWMD Technical Review and Hydrogeologic Assessment specified in Finding #3; MPWMD Permit #M09-02-L4, Condition of Approval #3; District boundary map.   

 

9.         FINDING:            Approval of the application would not result in significant adverse impacts to “Sensitive Environmental Receptors” (SER) as defined by MPWMD Rule 11, including the Carmel Valley Alluvial Aquifer (CVAA).  There are no wells or SER located within 1,000 feet of Well N-31 that are not owned by the applicant.  Site-specific hydrogeologic evaluations have demonstrated that well pumping of up to 12.15 AFY is not expected to have significant impacts on the CVAA, including pumping during extended dry-season pumping periods. [Rule 22-B-3]

 

EVIDENCE:         MPWMD Technical Review of Hydrogeologic Assessment specified in Finding #3; MPWMD Permit #M09-02-L4, Condition of Approval #3; environmental documents specified in Finding #21.

 

10.       FINDING:            The application adequately identifies the claim of right (overlying use) for the source of water supply (percolating groundwater) and provides supporting verification (deed to property). [Rule 22-B-4]

 

EVIDENCE:         Permit Application as specified in Finding #1; grant deed showing SLCSD ownership of Well N-31.

 

11.       FINDING:            The application demonstrates existence of a long-term reliable source of water supply for the proposed production of up to 12.15 AFY from Well N-31 for domestic and open space use.  The MPWMD Technical Review concludes that the supply should be adequate to provide water during peak and extended dry season periods with the production limit of 12.15 AFY. [Rule 22-B-5]

 

                                         The long-term sustainable capacity of wells completed in fractured bedrock collectively referred to by MPWMD as the “Carmel Valley Upland formations” is dependant on a variety of factors that cannot be fully evaluated through analysis of relatively short duration (i.e., 72 hours) pumping tests.  The movement and long-term availability of groundwater in these materials are controlled by the occurrence, connectedness, and distribution of fractures.  The distribution and connectedness of fractures to sources of recharge are essentially random, and the volume of groundwater in storage in these systems is often limited.  The low volumes of groundwater in storage can limit long-term supply particularly during period of deficient recharge.  The implications of these factors should, therefore, be taken into consideration when planning long-term use of wells that are completed in fractured bedrock settings. 

                                        

                                         It should be noted that MCHD well construction permits include a generic disclaimer regarding the long-term sustainability of wells completed in hard rock formations.

 

EVIDENCE:         Hydrogeologic Assessment and Technical Review specified in Finding #3. Santa Lucia Preserve Project Final EIR, Chapter 8, Groundwater Hydrology, Stream Base Flow, and Water Supply and Demand; SCH#94083019, September 14, 1995.

 

12.       FINDING:            The source of water supply is non-alluvial fractured bedrock (consolidated rock) of the area collectively referred to by MPWMD as the “Carmel Valley Upland formations.”  The cumulative effects of issuance of a permit for the subject well would not be expected to result in significant adverse impacts to the source of supply or the species and habitats dependent on the source of supply.  These impacts have been evaluated by the District, including calculations of extended (6 months) dry season pumping cycles.  The absence of non-SLPWDS wells and SER within 1,000 feet of the subject well and the estimated production from the subject well were also considered.   [Rule 22-B-6]

 

EVIDENCE:         Hydrogeologic Assessment and Technical Review specified in Finding #3. Santa Lucia Preserve Project Final EIR, Chapter 8, Groundwater Hydrology, Stream Base Flow, and Water Supply and Demand; SCH#94083019, September 14, 1995MPWMD Permit #M09-02-L4, Condition of Approval, Condition #3.  Environmental review documents specified in Finding #21. 

 

13.       FINDING:            The source of supply for the subject parcel is not derived from the Carmel Valley Alluvial Aquifer or the Monterey Peninsula Water Resource System.  The source of supply is not within the jurisdiction of the SWRCB, and has not been determined to be tributary to the source of supply for any other system.  The source of supply is from fractured bedrock in the area collectively referred to as the “Carmel Valley Upland formations” (percolating groundwater). [Rule 22-B-7]

 

EVIDENCE:         MPWMD map showing boundaries of project site and jurisdiction of SWRCB superimposed on Monterey County parcels; Hydrogeologic Assessment and Technical Review specified in Finding #3.

 

14.       FINDING:            MPWMD Permit #M09-02-L4 does not allow a permanent intertie to any other water distribution system.  The proposed WDS will be limited to a physically and legally separate system and is not connected to the CAW system.  Temporary water service could be provided by trucked-in water or a neighboring well in a non-fire emergency such as system failure. However, such trucking may not be necessary as the SLPWDS is a fully integrated, interconnected system.  Water from SLPWDS wells other than Well N-31 may be allowed to supply water to the parcels listed in Finding #4.  [Rule 22-B-8] 

 

EVIDENCE:         Map of CAW service area available at District office; MPWMD Permit # M09-02-L4, Condition of Approval #13.  Monterey County Health Department Water System Permit #270-2521.  Monterey County Combined Development Permit #PC94067.  MPWMD Rules and Regulations.

 

15.       FINDING:            A back-flow protection device to prevent contamination of the CAW system is determined not to be necessary as the affected parcels are outside of the CAW service area.  [Rule 22-B-9]

 

EVIDENCE:         Map of CAW service area; MPWMD Permit # M09-02-L4, Condition of Approval #14.  Monterey County Health Department Water System Permit #270-2521.  Monterey County Permit #PC94067.

 

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

 

16.       FINDING:            The application adequately identifies the responsible party as the SLCSD.  [Rule 22-C-1]

 

EVIDENCE:         Permit application specified in Finding #1.

 

17.       FINDING:            The application meets the definition of a “multiple-parcel connection system” and the subject Well N-31 is part of the interconnected SLPWDS, a regulated water utility.  Water for domestic use will be supplied to 11 residential parcels, and must comply with California Title 22 water quality standards as administered by Monterey County or State Health authorities. [Rule 22-C-2]

 

EVIDENCE:         Permit application as specified in Finding #1.  MPWMD Permit #M09-02-L4, Conditions of Approval #1, #2, #3, and #15; Monterey County Health Department Water System Permit #270-2521.  California Administrative Code, Title 22.

 

18.       FINDING:            The application identifies the location of the source of supply for the Long Ridge/Well N-31 Addition (water source and well site).  [Rule 22-C-3]

 

EVIDENCE:         Permit application as specified in Finding #1, including location map.  MPWMD Permit #M09-02-L4, Condition of Approval #4.

 

19.       FINDING:            The approval of the application would not create an overdraft or increase an existing overdraft of a groundwater basin.  No overdraft has been declared for the fractured bedrock (consolidated rock) in the area collectively referred to by MPWMD as the “Carmel Valley Upland formations.” [Rule 22-C-4]

 

EVIDENCE:         MPWMD hydrologic monitoring data and annual reports; MPWMD Permit #M09-02-L4, Condition of Approval #3.

 

20.       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 to a reasonable and acceptable amount. Overlying water rights holders are also co-equal to other overlying users. [Rule 22-C-5]

 

EVIDENCE:         MPWMD hydrologic monitoring data and annual reports; Hydrogeologic Assessment and Technical Review specified in Finding #3; MPWMD Permit #M09-02-L4, Condition of Approval #3. California Water Code.

 

Compliance with California Environmental Quality Act (CEQA)

 

21.       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 Responsible Agency under CEQA for this action, has complied with Guidelines Section 15096, and relies on actions by the CEQA Lead Agency, the County of Monterey.  On February 6, 1996, the Monterey County Board of Supervisors (BOS) certified the Final Environmental Impact Report (SCH #94083010) for the Santa Lucia Preserve (Resolution #96-059), and adopted a series of resolutions associated with project approval.  On August 26, 1997, the BOS certified an Addendum to the EIR (Resolution #97-360).  The Findings and Evidence in the respective County Resolutions specify CEQA compliance. The MPWMD Board has reviewed pertinent sections from the Final EIR and Addendum relating to hydrology/water supply as part of its action on January 29, 2009.  

 

EVIDENCE:         Monterey County Notice of Determination for Santa Lucia Preserve Final EIR (SCH #94083010), filed with the County Clerk on February  __, 1996, along with Calif. Dept. of Fish and Game Environmental Filing Fee Receipt #xxxxx.  Monterey County Notice of Determination for Addendum to Santa Lucia Preserve EIR filed with the County Clerk on August __, 1997, along with Calif. Dept. of Fish and Game Environmental Filing Fee Receipt #xxxxx.  Monterey County Combined Development Permit PC94067 and corresponding BOS Resolutions 96-059, 96-060, and 97-360.  MPWMD Notice of Determination for Long Ridge/Well N-31 Addition to SLPWDS prepared January __, 2009, based on MPWMD Board approval on January 29, 2009. 

           

22.       FINDING:            Pursuant to CEQA Sections 15091 and 15092, the MPWMD Board finds that the project will not have a significant effect on the environment, based on the documentation cited in Finding #21.  Mitigation measures are not made as conditions of approval by MPWMD for this action. The full record for all facets of the project is located in the offices of the Monterey County Planning & Building Inspection Department, 168 West Alisal Street, 2nd Floor, Salinas, CA.

 

EVIDENCE:         Monterey County certified environmental documents, approvals and Resolutions described in Finding #21.  MPWMD Notice of Determination for Long Ridge/Well N-31 Addition to SLPWDS prepared January __, 2009, based on MPWMD Board approval on January 29, 2009. 

 

23.       FINDING:            Pursuant to CEQA Section 15093, a Statement of Overriding Considerations was not adopted by the MPWMD Board for approval of the subject permit. 

 

EVIDENCE:         MPWMD Notice of Determination for Long Ridge/Well N-31 Addition to SLPWDS prepared January __, 2009, based on MPWMD Board approval on January 29, 2009. 

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Prepared by H. Stern, 01/16/2009

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