CHUGACH WELL #2 WATER DISTRIBUTION SYSTEM

ADOPTED BY MPWMD BOARD ON AUGUST __, 2003

Unless otherwise noted, all cited evidence is 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: Chugach & Company, a general partnership, owns one legal parcel at 36 West Garzas Road, Carmel Valley, comprised of two Assessor’s Parcel Numbers (APN) for tax purposes: APN 189-111-024 and APN 189-111-022.

EVIDENCE: Site map and property grant deed/legal description submitted to District on October 12, 2001 as part of Application #20021012CHU package.

2. FINDING: Two wells have been drilled on APN 189-111-024 in accordance with Monterey County Health Department regulations; the wells were properly registered and metered in a timely manner to be considered an existing water distribution system (WDS) in compliance with MPWMD Rules and Regulations (Rule 20-A as amended by Ordinance No. 96).

EVIDENCE: Monterey County Health Department permits #00-433 and #01-076 for Wells #1 and 2, respectively; MPWMD well registration files; meter inspection forms dated September 26, 2001. Completeness letter from MPWMD (E. Avila) to Tim Condon dated December 5, 2001.

3. FINDING: Applicant has applied for a permit to amend the Chugach Well #2 Water Distribution System (WDS) to enable water service to a proposed small subdivision (“Parcel B and Parcel C”) which, if approved by the County of Monterey, will comprise a portion of APN 189-111-024. Proposed uses on each lot include residences, landscape and agricultural irrigation, and livestock, in compliance with Monterey County zoning regulations. At the time the original application was submitted, the proposed total water consumption requested was 30.976 acre-feet per year (AFY); a total of six connections were requested.

EVIDENCE: Application #20011012 CHU submitted to District on October 12, 2001. Application package includes “Figure #1" showing proposed parcels in relation to existing wells, and listing proposed uses; County Title 21, Zoning Ordinance for LDR District, Section 21.14.030 and RDR District, Section 21.16.030; MPWMD water use worksheets.

4. FINDING: MPWMD staff recommends a total production limit of 4.4 AFY for the system and a limit of four connections. The applicant has agreed to these lower production and connection limits.

EVIDENCE: Staff note for August 28, 2003 public hearing; Memorandum dated June 19, 2003 from Joe Oliver, MPWMD Water Resources Manager establishing technical basis for 4.4 AFY; July 3, 2003 correspondence from applicant agreeing to lower production amount.

5. FINDING: The application to amend the Chugach Well #2 WDS, along with supporting materials, is in accordance with District Rules 21 and 22.

EVIDENCE: Permit application #20011012CHU dated October 12, 2001; Hydrogeologic Evaluation Report for Chugach & Company Well #2 Water Distribution System, URS Corporation, April 24, 2003; staff note dated August 28, 2003; and associated materials on file at District office.

Required Findings (MPWMD Rule 22-B)

6. FINDING: The approval of the permit to amend the Chugach Well #2 WDS is not deemed to be “unnecessary duplication” of an existing system because the proposed system boundary is outside the service area of the California-American Water Company (Cal-Am). It would be difficult for Cal-Am to add to its service area to serve the Chugach system area due to constraints imposed by the State Water Resources Control Board (SWRCB) and MPWMD.

EVIDENCE: Map of Cal-Am system boundary and Cal-Am printout of parcels served on file at District office; SWRCB Order WR 95-10 limiting Cal-Am production from Carmel River alluvial aquifer; MPWMD Ordinance No. 92 requiring mandatory conservation within Cal-Am service area to enable compliance with Order 95-10.

7. FINDING: The approval of the permit would not result in water importation or exportation to or from the District, respectively.

EVIDENCE: The referenced parcel is located wholly within the MPWMD as shown on District boundary location maps.

8. FINDING: Approval of the application would not result in significant adverse impacts to the environment that cannot be mitigated by conditions attached to the permit.

EVIDENCE: CEQA Notice of Exemption dated ________, 2003. Existing and potential uses on the subject property are covered by environmental review and on-site permit conditions promulgated by Monterey County Planning Department, in accordance with Carmel Valley Master Plan and Monterey County zoning regulations. EIR and supporting hydrogeologic studies performed for well fields on Santa Lucia Preserve (Rancho San Carlos) on file at the District office. MPWMD records showing location of registered upland wells. MPWMD conditions of approval limiting production to 4.4 AFY and four connections. Hydrogeologic Evaluation Report, URS Corporation, April 24, 2003.

9. FINDING: The application adequately identifies the claim of right for the source of water supply (overlying use) and provides supporting verification.

EVIDENCE: Information provided in Application #20011012CHU, including location of wells on large-scale map; grant deed showing property ownership of parcel; MPWMD detailed map of Carmel Valley alluvial aquifer; December 5, 2001 letter from MPWMD (E. Avila) to applicant confirming that wells are outside Carmel Valley alluvial aquifer; September 26, 2001 memorandum to file by Joe Oliver, District hydrogeologist; MPWMD Implementation Guidelines for Ordinance No. 96 approved April 16, 2001; State Law allowing extraction of water from percolating groundwater for reasonable and beneficial use on the property.

10. FINDING: The application demonstrates existence of a long-term reliable source of water supply to support the 4.4 AFY production limit recommended by MPWMD staff for this application.

EVIDENCE: Monterey County Health Department well permit #01-076 for Well #2; well capacity test results and log data provided with Application #20011012CHU; Hydrogeologic Evaluation Report from URS Corporation dated April 24, 2003; Memorandum from Joe Oliver dated June 19, 2003 establishing technical basis for 4.4 AFY production cap.

11. FINDING: The source of supply (the Carmel Valley Upland consolidated formation) is shared by other water distribution systems, primarily small, single-family residential systems. The cumulative effects of water production are not expected to result in significant adverse impacts to the species and habitat dependent on those sources of supply; a measurable indirect impact to the Carmel Valley alluvial aquifer is not anticipated.

EVIDENCE: Hydrogeologic Evaluation Report from URS Corporation dated April 24, 2003; Memorandum from Joe Oliver dated June 19, 2003 establishing technical basis for 4.4 AFY production cap. MPWMD records showing location of registered upland wells; well production data and mapping available in District files show no significant cones of depression in Upland formation; location of well is outside the Carmel Valley alluvial aquifer. Restrictions on annual production included in Conditions of Approval. EIR and supporting hydrogeologic studies performed for well fields on Santa Lucia Preserve (Rancho San Carlos) on file at the District office. Data on file regarding anticipated return flow to aquifer from surface irrigation. Staff note for October 26, 2000 public hearing (Item VI-C) on Ordinance No. 96, discussing potential effects if many new upland wells were drilled over a 10-year period.

12. FINDING: Parcel 189-111-024 overlies the Carmel Valley Upland area, which is considered to be a consolidated formation (percolating groundwater source). The affected parcel does not derive supply from the Carmel Valley alluvial aquifer. The source of supply is not derived from the Monterey Peninsula Water Resources System nor is in the jurisdictional area of the SWRCB. The service area is within the regulatory area defined by MPWMD Ordinances Nos. 96 and 105.

EVIDENCE: MPWMD map showing boundaries of Carmel Valley alluvial aquifer and Ordinance No. 96 regulatory area superimposed on Monterey County parcels; well completion and testing log reports provided with application #20011012CHU, on file at the MPWMD office. December 5, 2001 letter from MPWMD (E. Avila) to applicant confirming that wells are outside Carmel Valley alluvial aquifer; September 26, 2001 memorandum to file by Joe Oliver, District hydrogeologist.

13. FINDING: The proposed system is capable of supplying water if the system experienced a failure or other emergency situation; system is capable of delivering adequate quantities of water in case of fire.

EVIDENCE: Water from Well #1 and “Original Well” as source of temporary trucked-in water would be available in case of Well #2 failure. Planned system design includes adequately-sized pipes, pumping system and storage tank to meet local fire requirements (see Answer #33 on Application #20011012CHU based on applicant consultation with local fire and health authorities). MPWMD permit conditions specifying approval of emergency water plan/system design by County of Monterey and/or local Fire Department.

14. FINDING: A proper back-flow protection device to prevent contamination of the Cal-Am system is not needed as the proposed system boundary is outside of the Cal-Am service area.

EVIDENCE: Cal-Am service area map and printout of parcels served.

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

15. FINDING: The application adequately identifies the responsible party as Timothy M. Condon for Chugach & Company.

EVIDENCE: Permit application #20011022CHU on file at the MPWMD office.

16. FINDING: The application meets the Monterey County Health Department water quality standards for a two-parcel system (pertinent California Title 22 standards).

EVIDENCE: Water quality testing results submitted along with Application #20011012CHU on file at the MPWMD office. Monterey County Health Department water well permit #01-076. MPWMD Condition of Approval requiring Monterey County Health Department clearance prior to use of system water for human consumption.

17. FINDING: The application identifies the location of the source of supply for water distribution system (water source and well site).

EVIDENCE: Permit application #20011012CHU on file at the MPWMD office, including location map.

18. FINDING: The approval of the application would not create an overdraft or increase an existing overdraft of a groundwater basin.

EVIDENCE: No declared overdraft within the Carmel Valley Upland formation exists. No documentation exists that the recommended production limit of 4.4 AFY would create an overdraft or adversely affect the Upland formation in the vicinity of the proposed system.

19. FINDING: The approval of the application would not adversely affect the ability of existing systems to provide water to users.

EVIDENCE: Water well capacity test data on file along with Application 20011012CHU; Hydrogeologic Evaluation Report from URS Corporation dated April 24, 2003; Memorandum from Joe Oliver dated June 19, 2003 establishing technical basis for 4.4 AFY production limits; production limit set by Conditions of Approval; MPWMD records showing location of nearby wells owned by other users in the vicinity of the proposed system.

Compliance with CEQA

20. 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 lead agency under CEQA for this action, determined that this action is Categorically Exempt under Category 1, Existing Facilities.

EVIDENCE: CEQA and CEQA Guidelines, Section 15301. Notice of Exemption signed by MPWMD General Manager dated ______, 2003.

U:\staff\word\boardpacket\2003\2003boardpacket\20030828\PublicHearings\4\item4_exh4d.doc

Prepared by Idias Consulting and Henrietta Stern