Meeting Date:

December 14, 2009





Darby Fuerst




General Manager

Line Item No.:     N/A


Prepared By:

Henrietta Stern

Cost Estimate:



General Counsel Review:   Not reviewed.

Committee Recommendation:  N/A

CEQA Compliance:  The MPWMD, as a Responsible Agency for this project, has considered the Mitigated Negative Declaration approved by the City of Monterey on August 13, 2002, and the Notice of Determination filed with the County Clerk on January 9, 2003. 


SUMMARY:  The Board will consider the Application #20090720GRE (Exhibit 20-A) to create the “Greek Orthodox Church” Water Distribution System (WDS), a Single-Parcel Connection System for non-residential (church) use.  Approval of the application would enable use of one well at 3051 Monterey-Salinas Highway, Monterey, to provide potable supply and landscape irrigation for two church buildings: a 200-seat church sanctuary and a multi-purpose building (offices/classrooms/assembly hall) on the 2.69-acre parcel (Exhibit 20-B), as approved by the City of Monterey on August 13, 2002.  The parcel is within the California American Water (CAW) service area, but CAW water is not available.  Using District worksheets and methodology, a total estimated water use of 1.65 acre-feet per year (AFY) is calculated.   Pursuant to MPWMD WDS Memorandum #6 dated August 6, 2009, additional water production was not added for conveyance or water treatment losses, as described below. 


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 non-residential project that would use more than 1.0 AFY.  Additional information is provided in the “Background” and “Discussion” sections below.


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


1.      Adopt the MPWMD Findings of Approval for Application #20090720GRE shown as Exhibit 20-C with specific reference to Findings #21 and #22, District compliance with CEQA as a Responsible Agency.


2.      Approve Application #20090720GRE; authorize issuance of MPWMD Permit #S09-31-L4 with the 25 Conditions of Approval specified in Exhibit 20-D, and direct staff to file a Notice of Exemption 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 “Greek Orthodox Church” WDS and attachments, submitted July 20, 2009;

Ø      72-Hour Constant Rate Well Pumping and Aquifer Recovery Test with Pumping Impact Assessment for Greek Orthodox Church Replacement Well, prepared by Bierman Hydrogeologic dated June 24, 2009 (referred to herein as “Hydrogeologic Assessment”);

Ø      Monterey County Health Department Well Construction Permit #08-11325 issued June 16, 2008;

Ø      California Department of Water Resources (DWR) Well Completion Report No. e069122 signed September 22, 2008;

Ø      Title 22 Water Quality analyses dated November 11, 2008;

Ø      MPWMD well radius search map;

Ø      Grant Deed recorded at the Monterey County Recorder on June 21, 2000 (Document ID #2000039342) naming owner of subject parcel as Greek Orthodox Church of St. John The Baptist, Monterey, California;

Ø      City of Monterey Mitigated Negative Declaration dated June 7, 2002 and approved on August 13, 2002;

Ø      City of Monterey Notice of Determination dated December 30, 2002 (filed with County Clerk on January 9, 2003) for St. John’s Greek Orthodox Church /Use Permit #08-214 approved by City of Monterey Planning Commission on August 13, 2002.


It is noted that the subject well is actually a replacement well.  The original (inactive) well was drilled in year 2000, but will be destroyed due to a casing failure.  It is also noted that on May 6, 2003, the Monterey City Council approved a request to place the project on the commercial water waiting list for a requested amount of 0.706 acre-feet per year (AFY) of CAW supply.  The project currently remains on the waiting list with no release of CAW water anticipated in the foreseeable future.  Because the project Use Permit expires on September 23, 2010, the applicant moved forward with well drilling and submittal of the WDS application to MPWMD in 2009. 


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 Greek Orthodox Church Well, Project APN 259-021-013, prepared by Pueblo Water Resources, dated August 19, 2009 (referred to herein as “Technical Review”), and is provided as Exhibit 20-E.  The Technical Review concludes that the well capacity is sufficient for the 1.65 AFY production described for this proposed WDS, and District staff concurs with this conclusion.  As confirmed by the applicant's consulting hydrogeologist in an e-mail dated November 4, 2009, additional production to account for conveyance losses was not requested as the well will be relatively close to the buildings 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. 


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 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 is of adequate quality, although the Secondary Maximum Contaminant Levels (Consumer Acceptance Contaminant Levels) are exceeded for Manganese, Specific Conductance, Total Dissolved Solids, and Turbidity.  Because the well will serve a “Non-Transient, Non-Community Water System,” 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 some Secondary water quality standards are not met, there is not the need for additional well water to be used for water treatment, as confirmed with the applicant’s hydrogeologist in an email dated November 4, 2009. 


Approval of Greek Orthodox Church Application #20090720GRE

The Findings of Approval (Exhibit 20-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 20-D) proposed for Permit #S09-31-L4 for the Greek Orthodox Church 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 1.65 AFY, and an Expansion Capacity Limit of one Connection. Although the applicant has been on the City of Monterey commercial water waiting list for 0.706 AFY since May 2003, 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.  Although in the CAW service area, no CAW water is available to the site and no intertie with CAW is allowed at this time.  Other Conditions of Approval (Conditions #24 and #25) address water rights and compliance with the Endangered Species Act.  The condition language is also consistent with the nearby Dunnion, DMC and Anderson 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 7, 2002, prepared by the City of Monterey, which was approved along with the project by the Monterey Planning Commission on August 13, 2009.  The Notice of Determination dated December 30, 2002 was filed by the City with the County Clerk on January 9, 2003.  The City’s Mitigated Negative Declaration is provided as Exhibit 20-F; only sections related to the project description and water issues are copied.  



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 December 14, 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.



20-A    Application #20090720GRE to create the Greek Orthodox Church WDS

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

20-C    Draft Findings of Approval for Application #20090720GRE

20-D    Draft Conditions of Approval for Application #20090720GRE

20-E    MPWMD consultant Technical Review dated August 19, 2009

20-F     Excerpts from City of Monterey Mitigated Negative Declaration for 3051 Monterey-Salinas Highway Project adopted August 13, 2002