Meeting Date:

September 21, 2009





Darby Fuerst




General Manager

Line Item No.:     N/A


Prepared By:

Henrietta Stern

Cost Estimate:



General Counsel Review:   Concurs with staff analysis

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 October 20, 2008. 


SUMMARY:  The Board will consider the Application #20090120DMC (Exhibit 19-A) to create the DMC Water Distribution System (WDS), a Single-Parcel Connection System for commercial use.  Approval of the application would enable use of a water well at 2611 Garden Road, Monterey, to provide potable supply and landscape irrigation for a new 30,676 square-foot (sq. ft.) commercial building on the 2.5-acre parcel (Exhibit 19-B), as approved by the City of Monterey on October 14, 2008 with Use Permit #08-155.  As described in the “Discussion” section below, it is anticipated that up to 20 water meters could be required for future separate offices within the building and one additional (21st) connection for irrigation.  Using District worksheets included in the applicant’s Hydrogeologic Assessment, dated January 16, 2009, a total estimated water use of 2.79 acre-feet per year (AFY) is calculated (2.1 AFY for office potable use and 0.69 AFY for landscape irrigation).  California American Water (CAW) currently provides drinking water and irrigation to an existing building on the site via one meter; the existing CAW water connection will be used only for limited irrigation in the future, at levels below current CAW use.  


The MPWMD serves as a Responsible Agency in this matter in compliance with the California Environmental Quality Act (CEQA), and relies on the Mitigated 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 1.0 AFY.  Additional information is provided in the “Discussion” section below.


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


1.      Adopt the MPWMD Findings of Approval for Application #20090120DMC shown as Exhibit 19-C with specific reference to Findings #21 and #22, District compliance with CEQA as a Responsible Agency.


2.      Approve Application #20090120DMC; authorize issuance of MPWMD Permit #S09-21-L4 with the 26 Conditions of Approval specified in Exhibit 19-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 as well as one Special Condition limiting CAW use for irrigation.


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


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

Ø      72-Hour Constant Rate Well Pumping and Aquifer Recovery Test with Pumping Impact Assessment for DMC Construction Well, prepared by Bierman Hydrogeologic dated January 16, 2009 (referred to herein as “Hydrogeologic Assessment”);

Ø      Monterey County Health Department (MCHD) Department Well Construction Permit #08-11304 dated April 14, 2008;

Ø      California Department of Water Resources (DWR) Well Completion Report #e069114 dated June 2, 2008;

Ø      Title 22 Water Quality analysis dated August 20, 2008;

Ø      MPWMD well radius search map;

Ø      Grant Deed recorded at the Monterey County Recorder on April 11, 2008 (Document ID #2008022627) naming owner of subject parcel as McAweeney Family Trust dated March 18, 2008 (Dan J. McAweeney and Gayla R. McAweeney, Trustees);

Ø      Notice of Determination dated October 17, 2008 (filed with County Clerk on October 20, 2008) for Use Permit #08-155 approved by City of Monterey Planning Commission on October 14, 2008, based on Mitigated Negative Declaration prepared by the City dated September 18, 2008.


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 DMC Well, APN 013-321-004, prepared by Pueblo Water Resources, dated February 20, 2009 (referred to herein as “Technical Review”), and is provided as Exhibit 19-E.  The Technical Review concludes that the well capacity is sufficient for the 2.79 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 the 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 Hydrogeologic Assessment concluded that no significant impacts are anticipated, and District staff concurs.  There are no Sensitive Environmental Receptors within 1,000 feet of the subject well, and the one neighboring 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 quality test results submitted with the application indicated that the well water did meet the Primary drinking water standards, but the Secondary Maximum Contaminant Levels (Consumer Acceptance Contaminant Levels) are exceeded for Manganese, Specific Conductance, and Total Dissolved Solids.  Because the DMC well will serve a commercial office building, it will be strictly regulated by MCHD.  The applicant is advised to consult with MCHD for guidance about potential treatment for the Secondary constituents.  Though Secondary water quality standards are not met, the aforementioned Hydrogeologic Assessment does not identify the need for additional well water to be used for water treatment. 


Approval of DMC Application #20090120DMC

The Findings of Approval (Exhibit 19-C) are based on evidence provided in the application materials, in addition to the District consultant’s 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 19-D) proposed for Permit #S09-21-L4 for the DMC WDS are consistent with MPWMD Rule 22-D governing approval of water distribution systems.  Conditions #1 through 4 define the Permitted System, including a System Capacity (production limit) of 2.79 AFY, and an Expansion Capacity Limit of 21 connections (up to 20 meters for separate office spaces and one irrigation meter).  There is no municipal unit (City of Monterey) water allocation associated with this permit.


It is noted that the DMC WDS application does not specify the number of separately metered tenant spaces because the applicant is uncertain at this time as to the number of tenants that may inhabit the building after construction.  District staff determined that the DMC WDS should follow the example of the recently approved Dunnion WDS, for which a specific number of office water meters were identified.  Based on phone conversations between the District consultant and the applicant, Mr. Dan McAweeney, on August 14 and August 17, 2009, and the 30,676 sq. ft. size of the proposed DMC building, 20 potable water meter connections for 20 separate offices would be appropriate, along with one additional meter for landscape irrigation of the parcel.  For comparison, the Dunnion WDS (across the street at 2711 Garden Road) was approved by the Board in May 2009 with 19 meter connections for a 24,400 sq. ft building with one additional connection for irrigation. 


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 through 25) address water rights and compliance with the Endangered Species Act.  The condition language was modeled after the Dunnion WDS previously approved by the Board.


The existing CAW water meter would be used only for minimal irrigation to keep the meter active.  The applicant’s representative (Mark Lord on September 2, 2009) stated that DMC would agree to a Special Condition #26 that requires future CAW water use to be less than previous CAW use.   The most recent 12-month amount (September 1, 2008 through August 31, 2009 is 0.115 AF.  For comparison, the existing Dunnion CAW meter will be used only as a back-up water system for the landscape irrigation system.  CAW water may not be used for drinking water supply to the building for both DMC and Dunnion. 


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 approved Mitigated Negative Declaration dated September 18, 2008 prepared by the City of Monterey, and associated with Use Permit #08-155 approved by Monterey Planning Commission on October 14, 2008.  The Notice of Determination dated October 17, 2008 was filed by the City with the County Clerk on October 20, 2008.  Copies of the City’s Mitigated Negative Declaration (only sections related to project description and water issues) are provided as Exhibit 19-F.  



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 agendas for the September 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.  The applicant has also filed the proper MPWMD Ex Parte Communication forms with the District.



19-A    Application #20090120DMC to Create the DMC WDS

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

19-C    Draft Findings of Approval for Application #20090120DMC

19-D    Draft Conditions of Approval for Application #20090120DMC

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

19-F     City of Monterey Mitigated Negative Declaration for 2611 Garden Road Project (excerpts only)




Prepared by H. Stern