EXHIBIT 13-E

 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (MPWMD)

 

          DRAFT FINDINGS OF APPROVAL

PERMIT #M05-02

 

CONSIDER APPLICATION TO CREATE CAÑADA WOODS WATER COMPANY WATER DISTRIBUTION SYSTEM – NON-POTABLE AND RECLAIMED WATER COMPONENT

(Application #20041001CWW)

 

Adopted by MPWMD Board on February 24, 2005

 

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:            Cañada Woods Water Company (“Applicant”) has submitted an application to Monterey Peninsula Water Management District (MPWMD) to create the Cañada Woods Water Company Water Distribution System (CWWCWDS). The CWWCWDS combines the service areas of two existing water systems that have potable, non-potable and reclaimed wastewater components: (1) Cañada Woods WDS, and (2) Monterra Ranch Mutual WDS.  The project area is defined as the Assessor’s Parcel Numbers (APN) listed in Attachment 1.  A map of the project area is provided as Attachment 2.  Separate Findings of Approval associated with MPWMD Permit #M05-01 address alluvial wells within the Cañada Woods WDS and Monterey Peninsula Upland wells within the Monterra Ranch Mutual WDS (excluding wells within the Cañada Woods North area).  Attachment 3 lists non-potable/reclaimed components of the CWWCWDS considered to be “pre-existing” and not subject to an MPWMD WDS permit.  MPWMD Permit #M05-02 acknowledges the pre-existing facilities as part of the baseline condition, and addresses one “new” facility, a reclaimed water storage pond.  Permit #M05-02 uses the term Cañada Woods Water Company Non-Potable and Reclaimed Water Distribution System (CWWCNPRWDS) to distinguish these components from those permitted by MPWMD Permit #M05-01.

 

EVIDENCE:        Permit Application #20041001CWW, site maps and supporting materials submitted September 30, 2004, and all subsequent documentation, including correspondence between and applicant and MPWMD staff clarifying pre-existing components.  MPWMD Rules and Regulations.  Annual Reports for Monterra Ranch Mutual WDS.  MPWMD well reporting records.  MPWMD Permits #M05-01 and #M05-02.

 

1.               FINDING:            The Cañada Woods Subdivision was approved by the County of Monterey in 1994 based on a Final Environmental Impact Report (EIR) that was certified on March 15, 1994.    The Final Environmental Assessment of the Cañada Woods Public Water System was approved as an Addendum to the Cañada Woods Subdivision EIR and certified by the County of Monterey on February 14, 1995.  Addition of the Cañada Woods East portion was approved by the County of Monterey in 1995 based on approval of an Expanded Initial Study and adoption of a Negative Declaration on August 22, 1995. Revised water demand projections for Cañada Woods and Cañada Woods East are shown in the Final EIR for Cañada Woods North, certified by the County of Monterey on December 17, 1996 (Resolution 96-518).   The Cañada Woods, Cañada Woods North and Cañada Woods East areas are now known collectively as the Tehama Subdivision.  The Monterra Ranch Subdivision was approved by the County of Monterey on October 6, 1987 (Resolution 87-527) based on a Final EIR that was certified on the same date.   The inclusionary housing component (42 units) was approved on December 14, 1993 (Resolution 93-499) based on the same Final EIR.     

 

EVIDENCE:        Monterey County Board of Supervisors Resolutions 84-007, 87-527, 93-499, 94-108, 95-076, 95-384, and 96-518.

 

3.         FINDING:            There are no production or connection limits for the pre-existing components listed in Attachment 3.  Conditions of Approval for Permit #M05-02 require complete replacement of High Well-1 by High Well-2 in order for High Well-2 to be considered as pre-existing.

 

EVIDENCE:        Permit Application #20041001CWW, site maps and supporting materials submitted September 30, 2004, and all subsequent supplementary documentation, including correspondence between and applicant and MPWMD staff clarifying pre-existing components.  MPWMD Rules and Regulations.  MPWMD annual well production reports.  Annual Reports for Monterra Ranch Mutual WDS.  MPWMD Permit #M05-02, Conditions of Approval, Condition #4.

 

4.         FINDING:            The application to create the CWWCWDS, along with supporting materials, is in accordance with District Rules 21 and 22.

 

EVIDENCE:        Permit Application #20041001CWW, site maps and supporting materials submitted September 30, 2004, and all subsequent supplementary materials.  MPWMD Rules and Regulations.

 

Required Findings (MPWMD Rule 22-B)

 

5.         FINDING:            The approval of Permit #M05-02 would not allow unnecessary duplication of water service.  California American Water (Cal-Am) service is not currently used for non-potable or reclaimed wastewater water use within the CWWCWDS service area.  CWWCWDS non-potable and reclaimed water sources are independent of Cal-Am or any other water system.

 

EVIDENCE:        Permit Application #20041001CWW and supplementary documentation; information on Cal-Am water service in MPWMD files; Annual Reports submitted by Monterra Ranch Mutual WDS.  MPWMD annual well production reports.

 

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

 

EVIDENCE:        The referenced parcels in the CWWCWDS service area are located wholly within the MPWMD as shown on District boundary location maps.

 

7.         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. Use of reclaimed water and non-alluvial water is encouraged to reduced impacts to the Carmel River and is required by Monterey County.

 

EVIDENCE:        Permit Application #20041001CWW.  MPWMD relies on California Environmental Quality Act (CEQA) documents prepared by Monterey County (see Finding #2 and#19). Environmental review documents on file at MPWMD office (list prepared May 29, 2003); environmental review documents listed and transmitted to MPWMD Board on February 3, 2005. 

8.         FINDING:            The application adequately identifies the claim of right for the source of water supply and provides supporting verification.   The non-potable water sources within the CWWCWDS are percolating groundwater in the Carmel Valley and Monterey Peninsula Upland areas.  The accepted verification of right is proof of ownership of the well lots.  The source of reclaimed water supply is sewage generated from homes and businesses within the Tehama/Monterra Subdivisions.

 

 

EVIDENCE:        Permit Application #20041001CWW and supplementary documentation, including proof of ownership.  Annual Reports submitted by Monterra Ranch Mutual WDS.  MPWMD annual well production reports.

 

9.         FINDING:            The application demonstrates existence of a long-term reliable source of water supply for the proposed uses (pre-existing non-potable wells and reclaimed water storage pond).

 

EVIDENCE:        Monterra Ranch Mutual WDS amended Conditions of Approval dated March 20, 2000.  Annual reports submitted by Monterra Ranch Mutual WDS.  MPWMD annual well production reports. See also environmental documents referenced in Finding #2 and #7.

 

10.       FINDING:            Issuance of Permit #M05-02 would not be expected to result in any adverse impacts to the species and habitat dependent on the source of supply.   The percolating groundwater within the Carmel Valley and Monterey Peninsula Upland areas is not considered to be in overdraft or adversely affected by cumulative water use.  Any request to expand or increase pre-existing production or connection limits will require a future application, analysis and amended permit approved by MPWMD.

 

EVIDENCE:        No scientific determination of overdraft has been made for Carmel Valley Upland or Monterey Peninsula Upland areas.  MPWMD annual well production reports; Annual Reports submitted by Monterra Ranch Mutual WDS.  MPWMD Rules and Regulations. See also CEQA documents listed in Finding #2 and #7 above.

 

11.       FINDING:            The water source for wells acknowledged under Permit #M05-02 is not derived from the Monterey Peninsula Water Resources System (MPWRS). The source for reclaimed water is sewage from homes and businesses in the previously permitted Tehama/Monterra Subdivisions.

 

EVIDENCE:        MPWMD map showing boundaries of MPWRS superimposed on Monterey County parcels; Application #20041001CWW, including well location maps and related supplementary information. 

 

12.       FINDING:            The CWWCWDS system components acknowledged and permitted under Permit #M05-02 are independent from Cal-Am.  Emergency fire protection and water service interties to protect human health and safety are addressed in the Findings and Conditions of Approval for Permit #M05-01.  Conditions of approval for MPWMD Permit #M05-02 do not allow Cal-Am supply to be used for any untreated, non-potable water use (such as irrigation or construction activities) within the CWWCWDS service area, even if there is a system failure.  Temporary service for these non-potable needs could be provided by trucked-in water. 

 

            EVIDENCE:        Information on Cal-Am water service in MPWMD files; map of Cal-Am service area.  Permit Application #20041001CWW information; MPWMD Conditions of Approval for February 2005 Permit #M05-02, Condition #9. 

 

13.       FINDING:            Adequate measures to protect other water systems and sources of supply will be in place, based on conditions of approval by Monterey County and MPWMD.  

 

EVIDENCE:        Permit Application #20041001CWW and supplemental maps, drawings and memoranda.  Requirements of Monterey County Health Department for issuance of a Domestic Water Supply Permit.  State Water Code, California Code of Regulations.    Monterey County Conditions of Approval of Tehama/Monterra Subdivisions (see Finding #2).

 

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

 

14.       FINDING:            The application adequately identifies the responsible party, who, at all times will be available and legally responsible for the proper performance of duties required by the permit holder. 

 

EVIDENCE:        Permit Application #20041001CWW.

 

15.       FINDING:            There is no requirement for non-potable water supply to meet California Title 22 water quality standards.  Operation of reclaimed water facilities is governed by state and local health authorities.

 

EVIDENCE:        Permit Application #20041001CWW materials; requirements of Monterey County Health Department for issuance of a Domestic Water Supply Permit.  State Water Code, California Code of Regulations.   

 

16.       FINDING:            The application identifies the locations of the sources of supply for water distribution system (water source and well sites).  Pre-existing facilities are described in Attachment 3.

 

EVIDENCE:        Permit Application #20041001CWW and related maps and materials.

 

17.       FINDING:            The application meets MPWMD Rule 22-C(4) requirement that a proposed system “will not create an overdraft or increase an existing overdraft, unless a valid superior right is proven.”  

EVIDENCE:        No overdraft has been declared for the Carmel Valley Upland or Monterey Peninsula Upland areas.  See also Findings #10 and #11.

 

18.       FINDING:            The application meets MPWMD Rule 22-C(5) requirement that a proposed system “will not adversely affect the ability of existing systems to provide water to users, unless a valid superior right is proven.”  No identified impact to other existing systems exists. 

 

            EVIDENCE:        No overdraft has been declared for the Carmel Valley Upland or Monterey Peninsula Upland areas.  MPWMD well production annual report and assessment; Annual Report submitted by Monterra Ranch Mutual WDS. 

 

Compliance with CEQA

 

19.       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.  The MPWMD, as a Responsible Agency for this project, has considered the certified environmental documents and required Mitigation Measures prepared for and certified by the County of Monterey.  Copies of each pertinent environmental document have been provided to MPWMD Board members for review prior to the public hearing on this matter.  The MPWMD Board has reviewed the environmental information and relied on the information as part of its decision-making on this matter.  Previous MPWMD Boards have served as a responsible agency on previous permit actions associated with approval of the Cañada Woods WDS and the Monterra Ranch Mutual WDS. 

 

EVIDENCE:        CEQA and CEQA Guidelines.  Transmittal notice of environmental documents to MPWMD Board dated February 3, 2005 listing pertinent environmental review documents for approval of CWWCWDS (Attachment 4).  Board action of February 24, 2005, including confirmation of review of environmental documents pursuant to Finding #19.  Hearing record for July 21, 2003 and March 20, 2000 Board action on Cañada Woods WDS and Monterra Ranch Mutual WDS, respectively.

 

Attachment 1      List of Assessors Parcels in service area.

Attachment 2      Map of service area.

Attachment 3      List of pre-existing CWWCNPRWDS facilities and baseline conditions.

Attachment 4      List of environmental documents dated February 3, 2005.

 

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