EXHIBIT
15-B
DRAFT
MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT (MPWMD)
FINDINGS of APPROVAL
CONSIDERATION
OF APPLICATION TO CREATE
FLAGG HILL WATER DISTRIBUTION SYSTEM --
APNs 101-091-018, -019, -020
Adopted by MPWMD Board of Directors on
August 16, 2004
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: Applicant John Jepson is the owner of property at 103
Flagg Hill Road, City of Monterey. The
three existing, contiguous residential parcels to be served by the water system
are located on Flagg Hill Road, just north of Deer Forest Drive and Monhollan
Road. Each of the three subject parcels
is slightly over one acre with a combined acreage of approximately 3.3 acres.
All three residential parcels are currently undeveloped. The property is located within the
California American Water (Cal-Am) service area. At this time, the parcels have no residential uses but do contain
three potential building sites. These
parcels were created as part of a subdivision approved by the City of Monterey
on June 2, 1981.
EVIDENCE: Application #20040518FLA, site map and
application materials received by MPWMD on May 14, 2004. City of Monterey Resolution No. 14,387 C.S.,
June 2, 1981.
2.
FINDING: A valid well construction permit for
a new well on the subject property was approved by the Monterey County Health
Department on January 9, 2002. The well
was constructed in January 2002 and an extended pumping test was completed in
December 2002.
EVIDENCE: Monterey County Health Department well
construction permit #01-306 (January 9, 2002); well completion report #761336
(January 2002); pumping report from Mountain Hydro Systems dated March 12,
2003.
3. FINDING: Applicant has applied for a permit
to create the Flagg Hill Water Distribution System (WDS) for a well to provide
domestic and irrigation water on existing parcels APN 101-091-018, -019, and
-020, as allowed by Monterey City zoning ordinances and Monterey County health
regulations. The subject property zoning is Monterey City R-E 40. Allowed uses include single-family homes
and other associated residential uses.
EVIDENCE: Application #20040518FLA received by
MPWMD on May 14, 2004.
4. FINDING: Based on data provided in the application, applicable
zoning regulations, and calculations by District staff, a maximum of 1.5
acre-feet per year (AFY) of water is expected to be produced from the subject
well to meet domestic and irrigation water demands on properties served by the
Flagg Hill WDS.
EVIDENCE: Application #20040518FLA received by
MPWMD on May 14, 2004 and Staff Memorandum dated August 9, 2004; MPWMD Annual
Water Production Reports on file.
5. FINDING: The application to create the Flagg Hill WDS, along with
supporting materials, is in accordance with District Rules 20, 21 and 22.
EVIDENCE: Permit Application #20040518FLA
submitted to District on May 14, 2004, and supplemental materials on file at
District office.
Required Findings (MPWMD Rule 22-B)
6. FINDING: The approval of the permit would not cause unnecessary
duplication of water service with any existing system. The subject property is
currently within of the Cal-Am service area. However, additional service
connections are unavailable from Cal-Am based on State Water Resources Control
Board (SWRCB) Order WR 95-10 limiting Cal-Am diversions from the Carmel River,
City of Monterey allocation constraints, and District regulations. Cal-Am
is required to provide emergency fire service to the property. The permit will be conditioned to ensure
that no interties to Cal-Am be allowed except for fire protection, until SWRCB
Order 95-10 is lifted. A backflow
protection device will be required to be installed and tested. The property
also appears to benefit from overlying water rights to percolating groundwater.
EVIDENCE: Map of Cal-Am service area; permit
Application #20040518FLA, including deed to the property and mapped location
outside of the Carmel Valley alluvial aquifer; fire-service letter from Cal-Am
dated February 18, 2004.
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 with the recommended
production limit of 1.5 AFY would not result in significant adverse impacts to
the environment that cannot be mitigated by conditions attached to the
permit. The subject property is not
located within the Carmel River watershed, and is not located within 1,000 feet
of any major or minor tributary creeks.
A site-specific hydrogeologic analysis was completed by the District
hydrogeologist and demonstrated that well pumping of up to 1.5 AFY is not
expected to have significant impacts on the environment or on nearby
wells.
EVIDENCE: MPWMD Permit #M04-01, Condition #3,
setting water production limit of 1.5 AFY; District Staff Memorandum dated
August 9, 2004; map of Carmel Valley alluvial aquifer; MPWMD completeness
letter dated June 18, 2004; MPWMD Notice of Exemption to CEQA signed August __,
2004 citing CEQA Guidelines Section 15303.
9. FINDING: The application adequately identifies the claim of right
(overlying use) for the source of water supply (percolating groundwater) and
provides supporting verification (deed to property showing ownership).
EVIDENCE: Information provided in Application
#20040518FLA submitted to District on May 18, 2004, including grant deeds to
subject properties showing ownership by John N. Jepson and Constance I. Fulton,
joint tenants.
10. FINDING: The
application demonstrates existence of a long-term reliable source of water supply
for the proposed domestic/landscaping uses. The Monterey County Health
Department well permit includes a generic disclaimer regarding the long-term
sustainability of wells completed in hard rock formations. However, pumping test results showed the well
was capable of a sustained production rate of seven times the rate required by
County health regulations. This should
provide adequate margins of safety in the event well yield should decline. The relatively short recovery period after
the pumping test also suggests that the well is hydraulically connected to a
highly fractured aquifer zone within the Monterey Formation.
EVIDENCE: Monterey County well construction permit
#01-306 (January 9, 2002); well completion report #761336 (January 2002); “Test Data & Report”
from testing conducted on December 11, 2002 prepared by Mountain Hydro Systems
(March 12, 2003). Monterey County Code,
Chapter 15.04.
11. FINDING: The source of supply is consolidated rock formations (primarily shale) collectively known as the Monterey Formation, and is shared by one known well in the nearby vicinity. Residential parcels to the north and west are approximately one acre or less, are developed and are served by Cal-Am. Property to the east and south is open-space and/or is undeveloped. The cumulative effects of issuance of a permit for the subject property would not be expected to result in significant adverse impacts to the sole known nearby well or the species and habitats dependent on the source of supply. The hydrogeologic characteristics of the Monterey Formation in the vicinity of the project area limit the water level drawdown impacts during the anticipated production season. There are no nearby creeks or riparian habitats.
EVIDENCE: MPWMD Staff Memorandum dated August 9, 2004; Flagg Hill WDS Conditions of Approval, Permit #M04-01, Condition #3, setting 1.5 AFY production limit.
12. FINDING: The source of supply for the subject parcel is not derived from the Carmel Valley alluvial aquifer or the Monterey Peninsula Water Resources 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 consolidated rock formations collectively known as the Monterey Formation. This source is legally classified as percolating groundwater.
EVIDENCE: MPWMD map showing boundaries of Carmel
Valley alluvial aquifer and jurisdiction of SWRCB superimposed on Monterey
County parcels; geologic maps available
from U.S. Geological Survey.
13. FINDING: The
proposed system (a) will not be permitted to permanently intertie to any other
system; (b) will be able to obtain emergency supplies in the event of system
failure from a trucked-in source; (c) will not provide fire flow; because (d)
fire service to the property is already provided by Cal-Am. The property is
within the Cal-Am service area, however, because water will only be provided by
Cal-Am only for a fire emergency, impacts to the Cal-Am system are not anticipated
except under rare, temporary circumstances.
EVIDENCE: Map of Cal-Am service area available
at District office; Flagg Hill WDS Conditions of Approval, Permit #M04-01,
Condition #13.
Minimum Standards for Granting a Permit
(MPWMD Rule 22-C)
14. FINDING: The
application adequately identifies the responsible party as John N. Jepson.
EVIDENCE: Permit Application #20040518FLA,
including grant deed of property to John N. Jepson and Constance I. Fulton,
joint tenants.
15. FINDING: The
application is for a multiple-parcel connection system and therefore must
comply with California Title 22 water quality standards per District Rule
22-C(2). The untreated water exceeds
the maximum contaminant levels for iron, manganese and turbidity (secondary
constituents) as well as aluminum (primary constituent). Therefore, water treatment is required to
remove these contaminants. The Health
Department is in the process of reviewing the subject system, including
specification of the treatment process that will be required. Compliance with MPWMD Rule 22-C(2) must be
demonstrated by a written permit from the Monterey County Health Department or
this MPWMD will not considered to be valid.
EVIDENCE: Permit Application #20040518FLA; Flagg
Hill WDS Conditions of Approval, Permit #M04-01, Condition #5.
16. FINDING: The
application identifies the location of the source of supply for the water
distribution system (water source and well site).
EVIDENCE: Permit Application #20040518FLA,
including location map.
17. 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 Monterey Formation in this area,
the source of supply.
EVIDENCE: MPWMD hydrologic monitoring data and
annual reports; MPWMD Staff Memorandum dated August 9, 2004.
19. 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 in right to other overlying users.
EVIDENCE: MPWMD hydrologic monitoring data and
annual reports; Staff Memorandum dated August 9, 2004; MPWMD completeness letter
dated June 14, 2004; Flagg Hill WDS Conditions of Approval, Permit #M04-01,
Condition #3. State of California Water Code.
Compliance with California Environmental
Quality Act (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 3, “New
Construction or Conversion of Small Structures.” This section applies because the Flagg Hill WDS would be
appurtenant to allowed uses (residences) on existing approved parcels, which
were created as the result of CEQA review.
EVIDENCE: CEQA and CEQA Guidelines, Sections
15303. MPWMD Notice of Exemption for
Flagg Hill WDS dated August ___, 2004.
City of Monterey Resolution No. 14,387 C.S., certifying Final EIR for
Flagg Hill Subdivision, dated June 2, 1981.
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