EXHIBIT 11-C

 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

DRAFT

FINDINGS of APPROVAL

 

CONSIDER APPLICATION TO CREATE

ANDERSON” WATER DISTRIBUTION SYSTEM

Service area: APN 259-021-004

Application #20080606AND, Permit #S09-27-L4

 

Adopted by MPWMD Board of Directors on October ___, 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:            The 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, is identified as the owners of the property at 2969 Monterey-Salinas Highway in the City of Monterey.  The subject parcel (APN 259-021-004) comprises 5.95 acres.

 

EVIDENCE:         Application #20080606AND, site map and application materials dated June 6, 2008; Grant Deeds recorded by the Monterey County Recorder on April 4, 2006 (Document ID #2006029749 and #2006029750). 

 

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

 

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

 

3.         FINDING:            A total of three valid well construction permits for three wells to serve the project were issued by the Monterey County Health Department (MCHD) on November 30, 1999; September 19, 2003 and August 8, 2007 for Wells #1, #2 and #3, respectively.  The wells were constructed on October 22, 2000; November 25, 2003 and October 19, 2007, respectively, and were tested for 72-hours during “dry season” conditions.

 

EVIDENCE:         Monterey County Health Department Permit #99-282, #03-02652, and #07-11134 for Wells #1, #2 and #3, respectively.  State Department of Water Resources Well Completion Reports #723409 dated 1/25/2000, #0900415 dated 12/28/2007, and e018492 dated 10/30/2007, respectively. 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”); Review of Well Source and Pumping Impact Assessment for Anderson Wells #1, #2 and #3 (APN259-021-004), prepared by Pueblo Water Resources, dated June 30, 2008 (referred to herein as “Technical Review”).

 

4.         FINDING:            Applicant has applied for a permit to create the Anderson Water Distribution System (WDS) for a well to provide potable and irrigation water for office (commercial) use on the parcel specified in Finding #1.

 

EVIDENCE:         Permit application as specified in Finding #1.

 

5.         FINDING:            Based on District staff analysis of the well data provided in the application, 4.74 acre-feet per year (AFY) has been set as the annual production limit for the Anderson WDS to meet the water needs for the parcel specified in Finding #1.

 

EVIDENCE:         MPWMD Technical Review of Hydrogeologic Assessment specified in Finding #3; MPWMD Permit #S09-27-L4, Condition of Approval #3.

 

6.         FINDING:            The application to create the Anderson WDS, 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 within the CAW service area, but there is presently no CAW service to the parcel.  CAW water for the proposed office condominium project is unavailable due to existing constraints and production limitations imposed by State Water Resources Control Board (SWRCB) Order WR 95-10 and the need to reduce CAW diversions from the Carmel River until a replacement source is developed.  The property also appears to benefit from overlying water rights to percolating groundwater.  The proposed system will be limited to 19 connections (18 separate office condominiums and one irrigation meter) for commercial use only.  [Rule 22-B-1]

 

EVIDENCE:         Map of CAW service area; MPWMD Permit #S09-27-L4, Conditions of Approval #1 through #4.  SWRCB Order 95-10 dated July 1995.

 

8.         FINDING:            The approval of the Permit would not result in water importation or exportation to or from the District, respectively.  The referenced parcel is located wholly within the MPWMD [Rule 22-B-2]

 

EVIDENCE:         MPWMD boundary location maps.

 

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 two active wells within 1,000 feet of the subject well, but no SER located within 1,000 feet.  Site-specific hydrogeologic evaluations have demonstrated that well pumping of up to 4.74 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 #S09-27-L4, Condition of Approval #3.  MPWMD Notice of Determination dated October ___, 2009 adopted by the District Board on October __, 2009 as described in Findings #21 and #22. 

 

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

 

EVIDENCE:         Permit Application as specified in Finding #1; Grant Deeds showing ownership of property by applicant.

 

11.       FINDING:            The application demonstrates existence of a long-term reliable source of water supply for the proposed use of up to 4.74 AFY (an estimated 4.2 AFY for potable commercial use and 0.54 AFY for landscape irrigation).  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 4.74 AFY. [Rule 22-B-5]

 

                                         The long-term sustainable capacity of wells completed in fractured bedrock collectively referred to by MPWMD as the “Miscellaneous formations” is dependant on a variety of factors that cannot be fully evaluated through analysis of relatively short duration (i.e., 72 hours or less) 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.

 

12.       FINDING:            The source of water supply is non-alluvial fractured bedrock (consolidated rock) of the area collectively referred to by MPWMD as the “Miscellaneous 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 existence of two wells and no SER within 1,000 feet of the subject well, the planned local recharge using collected rainwater, 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. MPWMD Permit #S09-27-L4, Condition of Approval #3.

 

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 “Miscellaneous 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 #S09-27-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 in a non-fire emergency such as system failure.  A stand-by CAW meter may be installed for separately plumbed indoor fire suppression only (ceiling fire sprinklers) as the parcel is within the CAW service area.  [Rule 22-B-8] 

 

EVIDENCE:         Map of CAW service area available at District office; MPWMD Permit #S09-27-L4, Condition of Approval #13. MPWMD Rules and Regulations.

 

15.       FINDING:            A back-flow protection device to prevent contamination of the CAW system is required, if deemed necessary by CAW. [Rule 22-B-9]

 

EVIDENCE:         Map of CAW service area; MPWMD Permit #S09-27-L4, Condition of Approval #14. 

 

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

 

16.       FINDING:            The application adequately identifies the responsible party as the property owner specified in Finding #1. 

 

EVIDENCE:         Permit application and Grant Deeds specified in Finding #1.

 

17.       FINDING:            The application meets the definition of a “Single-Parcel Connection System” but it will provide potable water for commercial use on the parcel identified in Finding #1.  It is therefore subject to, and must conform with California Title 22 water quality standards as administered by MCHD. [Rule 22-C-2]

 

EVIDENCE:         Permit application as specified in Finding #1.  MPWMD Permit #S09-27-L4, Conditions of Approval #1, #2, #3, and #15; California Administrative Code, Title 22; MPWMD Rule 11.

 

18.       FINDING:            The application identifies the location of the source of supply for water distribution system (water source and well site).  [Rule 22-C-3]

 

EVIDENCE:         Permit application as specified in Finding #1, including location map.  MPWMD Permit #S09-27-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 “Miscellaneous formations.” [Rule 22-C-4]

 

EVIDENCE:         MPWMD hydrologic monitoring data and annual reports; MPWMD Permit #S09-27-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 #S09-27-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; in this case the City of Monterey.  The MPWMD, as a Responsible Agency for this project, has considered the City of Monterey’s re-circulated Mitigated Negative Declaration dated June 3, 2009, and adopted by the City on August 25, 2009, in conjunction with approval of a Commercial Condominium Subdivision/Use Permit #08-235.  The City filed a Notice of Determination dated August 31, 2009 with the County Clerk on September 3, 2009.  City of Monterey mitigations prescribed by the Mitigated Negative Declaration are included in the City of Monterey approval documents for Use Permit #08-235.

 

                                         Copies of the City of Monterey CEQA documents adopted on August 25, 2009 have been provided to MPWMD Board members for review prior to the public hearing on this matter.  The MPWMD Board has considered the Initial Study and Mitigated Negative Declaration previously prepared and approved by the City of Monterey, and relied on the City’s information as part of its decision-making on this matter.

                                        

EVIDENCE:         CEQA Guidelines Section 15096; City of Monterey Use Permit #08-235; MPWMD Notice of Determination for Anderson WDS dated October ___, 2009, as directed by the Board at a public hearing on October ___, 2009. 

 

22.       FINDING:            Pursuant to CEQA Section 15091, the MPWMD Board finds that the project will not have a significant effect on the environment, based on the documentation cited in Finding #21 as well as the hydrogeologic information provided in Finding #3.  Mitigation measures are not made as conditions of approval by MPWMD for this action. The full record for the “2969 Monterey-Salinas Highway Project” is located Monterey City Hall, Pacific and Madison Streets, Monterey.  

 

EVIDENCE:         Findings and Evidence provided in Finding #21 above; MPWMD Notice of Determination dated October ___, 2009 as described in Finding #21.

 

 

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