Meeting Date:

October 19, 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 September 3, 2009. 


SUMMARY:  The Board will consider the Application #20080606AND (Exhibit 11-A) to create the Anderson Water Distribution System (WDS), a Single-Parcel Connection System for commercial use.  Approval of the application would enable use of three water wells at 2969 Monterey-Salinas Highway, Monterey, to provide potable supply and landscape irrigation for two commercial buildings totaling 59,520 square feet (sq. ft.) on the 5.95-acre parcel (Exhibit 11-B), as approved by the City of Monterey on August 25, 2009.  Up to 18 offices will be individually owned as condominiums.  As described in the “Discussion” section below, it is anticipated that a total of up to 19 connections will be required: 18 separate meters for the offices and one additional master connection for irrigation.  Using District worksheets and methodology, a total estimated water use of 4.74 acre-feet per year (AFY) is calculated (4.2 AFY estimated for office potable use and 0.54 AFY estimated for landscape irrigation).  Additional water was not requested for conveyance losses or water treatment, as described in the “Discussion” section below.  The parcel is within the California American Water (CAW) service area, but CAW water is not available.  Water to the parcel will be supplied by three wells, including back-up wells as required by the Monterey County Health Department (MCHD).  


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 #20080606AND shown as Exhibit 11-C with specific reference to Findings #21 and #22, District compliance with CEQA as a Responsible Agency.


2.      Approve Application #20080606AND; authorize issuance of MPWMD Permit #S09-27-L4 with the 25 Conditions of Approval specified in Exhibit 11-D, and direct staff to file a Notice of Determination with the Monterey County Clerk.  The Conditions of Approval include the required conditions as specified in MPWMD Rule 22-D.


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 “Anderson” WDS and attachments;

Ø      72-Hour Constant Rate Well Pumping and Aquifer Recovery Test with Pumping Impact Assessment for Anderson Wells #1, #2 and #3, prepared by Bierman Hydrogeologic dated January 25, 2008 (referred to herein as “Hydrogeologic Assessment”);

Ø      Monterey County Health Department Well Construction Permits for three wells, as noted in the table below;

Ø      California Department of Water Resources (DWR) Well Completion Reports for three wells, as noted in the table below;

Ø      Title 22 Water Quality analyses performed from June 27 through December 13, 2007 for each of three wells;

Ø      MPWMD well radius search map;

Ø      Grant Deeds recorded at the Monterey County Recorder on April 4, 2006 (Document ID #2006029749 and #2006029750 naming owner of subject parcel as P&B Miller Charitable Remainder Unitrust (January 9, 2006), Perry D. Miller and Barbara R. Miller, Trustees; and JSA Charitable Remainder Unitrust (January 9, 2006), John S. Anderson and Lesley A. Anderson, Trustees;

Ø      Notice of Determination dated August 31, 2009 (filed with County Clerk on September 3, 2009) for Commercial Condominium Subdivision/Use Permit #08-235 approved by City of Monterey Planning Commission on August 25, 2009, based on a revised, re-circulated Initial Study/Mitigated Negative Declaration prepared by the City dated June 3, 2009.



County Well Permit

DWR Well Completion Report and Drilling

Well #1

Permit #99-282 issued 11/30/1999

#723409 signed 1/25/2000, drilled 10/22/2000

Well #2

Permit #03-02652 issued 9/19/2003

#0900415 dated 12/28/2007, drilled 11/25/2003

Well #3

Permit #07-11134 issued 8/8/2007

#e018492 dated 10/30/2007, drilled 10/19/2007


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 Anderson Wells #1, #2 and #3,  APN 259-021-004, prepared by Pueblo Water Resources, dated June 30, 2008 (referred to herein as “Technical Review”), and is provided as Exhibit 11-E.  The Technical Review concludes that the well capacity is sufficient for the 4.74 AFY production described for this proposed WDS, and District staff concurs with this conclusion.  Based on the 72-hour pumping test, the calculated combined well capacity of 11.34 gallons per minute (gpm) exceeds the Maximum Day 12-hour Demand value of 8.82 gpm.  Additional production was not requested to account for conveyance losses because the wells are immediately adjacent to the building served. 


It is noted that reliable water supply is not guaranteed in fractured bedrock settings.  Actual performance could be lower in the future, and is difficult to predict.  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. 


It is noted that the June 2008 Technical Review refers to a “300,000-gallon capacity rooftop system” that is proposed.  On October 2, 2009, the applicant clarified that such a large capacity tank under the parking lot was economically infeasible.  Instead, rainwater will be harvested from the roof and percolated into the adjacent well field to help recharge the local source of supply.  This action will help enhance well pumping capacity over the long term.


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 wells, and two neighboring wells within a 1,000-foot radius would not be significantly impacted by the subject wells. 


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 Chloride, Iron, Manganese, Specific Conductance, and Total Dissolved Solids.  Because the Anderson wells will serve commercial office buildings, the WDS 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, there is no need for additional well water to be used for water treatment, as confirmed with the applicant’s hydrogeologist in a phone call on September 9, 2009. 


Approval of DMC Application #20080606AND

The Findings of Approval (Exhibit 11-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 11-D) proposed for Permit #S09-27-L4 for the Anderson 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 4.74 AFY, and an Expansion Capacity Limit of 19 connections (up to 18 meters for separate office spaces 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.  No CAW water is available to the site and no intertie with CAW is allowed.  Other Conditions of Approval (Conditions #24 and #25) address water rights and compliance with the Endangered Species Act.  The condition language was modeled after the nearby Dunnion and DMC WDS previously approved by the Board. 


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 June 3, 2009 prepared by the City of Monterey, which was approved along with the project by the Monterey Planning Commission on August 25, 2009.  The Notice of Determination dated August 31, 2009 was filed by the City with the County Clerk on September 3, 2009.  Copies of the City’s Mitigated Negative Declaration (only sections related to project description and water issues) are provided as Exhibit 11-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.



11-A    Application #20080606AND to Create the Anderson WDS

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

11-C    Draft Findings of Approval for Application #20080606AND

11-D    Draft Conditions of Approval for Application #20080606AND

11-E    MPWMD consultant Technical Review dated June 30, 2008

11-F     City of Monterey Mitigated Negative Declaration for 2969 Monterey-Salinas Highway Project (water-related excerpts only) adopted August 25, 2009