Meeting Date:

May 21, 2009





Darby Fuerst




General Manager

Line Item No.:     N/A


Prepared By:

Henrietta Stern

Cost Estimate:



General Counsel Approval:  yes 

Committee Recommendation:  N/A

CEQA Compliance:  The MPWMD, as a Responsible Agency for this project, has considered the Negative Declaration prepared by the City of Monterey and the Notice of Determination posted with the County Clerk on February 13, 2007. 


SUMMARY:  The Board will consider the Application #20081017DUN (Exhibit 14-A) to create the Dunnion Water Distribution System (WDS), a single-parcel system for commercial use.  Approval of the application would enable use of a water well at 2711 Garden Road, Monterey, to provide drinking water and landscape irrigation for a new 24,400 square-foot commercial building on the 1.52-acre parcel (Exhibit 14-B), as approved by the City of Monterey in 2007.  Up to 18 water meters are anticipated for separate offices within the building, and a 19th connection would be for irrigation use.  Using District worksheets, a total estimated water use of 2.2 acre-feet per year (AFY) is calculated.  It is noted that the applicant believes that a more realistic water use estimate is 0.79 AFY, based on actual water use data obtained from a nearby office building.  California American Water (CAW) currently provides drinking water and irrigation to an existing building on the site via one meter; CAW water will be used only to supplement the well irrigation in the future.   


The MPWMD serves as a Responsible Agency in this matter in compliance with the California Environmental Quality Act (CEQA), and relies on the Negative Declaration adopted by the City of Monterey.  The District also requires an additional hydrogeologic assessment as part of the WDS permit process.  The parcel is in the hydrogeologic area referred to by the District as the “Miscellaneous formations.”  It is not in the Carmel River Watershed or within 1,000 feet of the Seaside Groundwater Basin.  Pursuant to MPWMD Rule 22-A, Board approval for this Level 4 permit is needed because it is a commercial project that would use more than 1 AFY.  Additional information is provided in the “Discussion” sections below.


RECOMMENDATIONS:  District staff recommends that the Board take the following actions:


1.      Adopt the MPWMD Findings of Approval for Application #20081017DUN shown as Exhibit 14-C with specific reference to Findings #21 and #22, District compliance with CEQA as a Responsible Agency.


2.      Approve Application #20081017DUN; authorize issuance of MPWMD Permit #S09-08-L4 with the 25 Conditions of Approval specified in Exhibit 14-D, and direct staff to file a Notice of Determination with the Monterey County Clerk.  The Conditions of Approval include required conditions as specified in MPWMD Rule 22-D.


BACKGROUND:  The key documents submitted with the October 17, 2008 application are noted below.  Cited documents are available for review at the District office; some are attached as exhibits.  They include:


Ø      Permit Application to Create “Dunnion” WDS and attachments;

Ø      72-Hour Constant Rate Well Pumping and Aquifer Recovery Test with Pumping Impact Assessment for Dunnion Well, prepared by Bierman Hydrogeologic dated September 5, 2008 (referred to herein as “Hydrogeologic Assessment”);

Ø      Monterey County Health Department (MCHD) Department Well Construction Permit #07-11148 dated September 27, 2007;

Ø      California Department of Water Resources (DWR) Well Completion Report #e018489 dated October 23, 2007;

Ø      Title 22 Water Quality analysis dated December 28, 2007;

Ø      MPWMD well radius search map;

Ø      Grant Deed recorded at the Monterey County Recorder on April 19, 1998 (Document ID #23755) naming owner of subject parcel as TED Limited Partnership-A, dated September 16, 1988;

Ø      Notice of Final Determination dated January 12, 2007 for Master Variance Permit #06-017 approved by Planning Commission on January 9, 2007, based on Negative Declaration prepared by the City, filed December 18, 2006.


It is noted that the application form (Question #15) refers to potential future water service to another parcel through a mobile water distribution system, but no information is provided.  Thus, this permit addresses only water service to parcel APN 013-321-010.  Any future amendment to the system or its service area will require a separate permit application to amend the system. 


DISCUSSION:  The staff recommendations are based on the following information: 


Well Adequacy as Sustainable Supply:  The applicant’s Hydrogeologic Assessment was reviewed by MPWMD consultants and staff.  The MPWMD consultant report, Review of Well Source and Pumping Impact Assessment for Dunnion Well, APN 013-321-010, prepared by Pueblo Water Resources, dated November 13, 2008 (referred to herein as “Technical Review), is provided as Exhibit 14-E.  The Technical Review concludes that the well capacity is sufficient for the 2.2 AFY demand described for this proposed WDS, and District staff concurs with this conclusion.  It is noted that reliable water supply is not guaranteed in fractured bedrock settings.  Thus, a standard condition of approval is that MPWMD shall not approve a new or intensified connection to the CAW system if a private well fails to deliver adequate water quantity or quality, until full compliance with State Water Resources Control Board (SWRCB) Order 95-10 has been achieved, and an allocation of CAW water is available to the parcel. 


Potential Off-Site Impact Analysis:  The Hydrogeologic Assessment includes analyses of off-site impacts.  The Assessment concluded that no significant impacts are anticipated, and District staff concurs.  There are no Sensitive Environmental Receptors within 1,000 feet, and the one well within a 1,000-foot radius would not be significantly impacted by the subject well. 


Water Quality.  A Title 22 water quality analysis was included in the Hydrogeologic Assessment, and shows that the well water is of generally good quality, although odor, specific conductance and total dissolved solids were higher than the recommended Maximum Contaminant Levels (MCL) and do not meet the “secondary” (aesthetic) drinking water standard.  Because the Dunnion well will serve a commercial office building, it will be regulated by MCHD.  The applicant is advised to consult with MCHD for guidance about potential treatment for these secondary constituents.   


Approval of Dunnion Application #20081017DUN

The Findings of Approval (Exhibit 14-C) are based on evidence provided in the application materials, in addition to the District Technical Review and related documents on file at the District office.  Staff believes the application meets the criteria and minimum standards for Approval set by District Rules 22-B and C.  Pertinent information includes an approved environmental document, technical studies and reports, technical memoranda and maps, correspondence between MPWMD staff and the applicant, and previous approvals by other governmental entities.  MPWMD approval of the application is not anticipated to result in a significant adverse effect to the Carmel River, the Carmel Valley Alluvial Aquifer, the Seaside Groundwater Basin, or other wells.  


The Conditions of Approval (Exhibit 14-D) proposed for Permit #S09-08-L4 for the Dunnion WDS are consistent with MPWMD Rule 22-D governing approval of water distribution systems.  Conditions #1-4 define the Permitted System, including a system capacity (production) limit of 2.2 AFY, and the expansion capacity (connection) limit of 19 connections (up to 18 for separate office buildings and one irrigation meter).    There is no municipal unit (City of Monterey) water allocation associated with this permit. 


Conditions #5 through #23 reflect standard mandatory conditions of the MPWMD, including water quality, metering and annual reporting, conservation, required Indemnification Agreement, fee payments, etc.  Other Conditions of Approval (Conditions #24 and #25) address water rights and compliance with the Endangered Species Act. 


MPWMD CEQA Compliance

The District Board action must comply with CEQA as well as MPWMD regulations.  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.  The MPWMD, as a Responsible Agency for this project, has considered the Negative Declaration (filed December 18, 2006) adopted by the City of Monterey for Master Variance Permit #06-017, approved by the Planning Commission on January 9, 2007.



Public notice has been provided no later than 10 days prior to this public hearing in several ways, including: (1) mailed notices to property owners within 300 feet of the subject parcel; (2) posted notice at the District office; (3) on-site posting as certified by the applicant; (4) notice of the public hearing to recipients of District meeting agendas for the May 21, 2009 meeting, including local print media; and (5) agenda and staff note materials on the District website.  All files associated with the application are available for review at the District office.  Detailed project plans are at the City of Monterey Community Development Department. 



14-A    Application #20081017DUN to Create the Dunnion WDS

14-B    Map of proposed system service area and well location

14-C    Draft Findings of Approval for Application #20081017DUN

14-D    Draft Conditions of Approval for Application #20081017DUN

14-E    MPWMD consultant Technical Review dated November 13, 2008


Provided to MPWMD Board under Separate Cover:

·        City of Monterey Initial Study/Negative Declaration for 2711 Garden Road Project






Prepared by H. Stern, 5/8/09