EXHIBIT
11-H
DRAFT – prepared March 11, 2005
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT (MPWMD)
FINDINGS of APPROVAL --
REVISED
CONSIDERATION
OF APPLICATION TO CREATE
BARDIS WATER DISTRIBUTION SYSTEM; APN
169-181-051
Adopted by MPWMD Board of Directors on
March 21, 2005
Unless otherwise noted, all evidence is on file and
available for public review at the District office,
It
is hereby found and determined as follows:
1. FINDING: Applicant Christo Bardis is the owner of property at the
intersection of
EVIDENCE: Application #20040426BAR, site map and application materials dated April 26, 2004 available for review at District office. Clarification from applicant dated November 8, 2004 (e-mail).
2.
FINDING: A well permit was issued by the
Monterey County Health Department in February 2004. The well was constructed on the subject
property and tested in July 2004.
EVIDENCE: Monterey County Health Department
permit #04-06798; State DWR Well Completion Report #0900420.
3. FINDING: Applicant has applied for a permit
to create the Bardis Water Distribution System (WDS) for a well to provide both
potable and non-potable water on existing parcel APN 169-181-051 as allowed by
EVIDENCE: Application #20040426BAR submitted to
District on April 26, 2004.
4. FINDING: Based on data provided in the application, applicable
zoning regulations, previous County land use approvals, and previous
litigation, 14.91 acre-feet per year (AFY) of water could legally be used on
the subject parcel.
EVIDENCE: Application #20040426BAR and subsequent
materials submitted to District as contained in application file; Monterey
County Superior Court Case No. M43343 (Save Our
5. FINDING: The application to create the Bardis WDS, along with
supporting materials, is in accordance with District Rules 21 and 22.
EVIDENCE: Permit application #20040426BAR
submitted to District on April 26, 2004, and supplemental materials on file at
District office.
Required Findings (MPWMD Rule 22-B)
6. FINDING: The approval of the permit would allow duplication of
water service as the subject property is currently served by Cal-Am. However,
the duplication of service is not considered to be unnecessary because of
existing limitations and constraints on Cal-Am by the State Water Resources
Control Board (SWRCB) Order 95-10 and the need to reduce Cal-Am diversions from
the
EVIDENCE: SWRCB Order WR 95-10 limiting Cal-Am
production from
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 on file at the
District office.
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. MPWMD
approval is exempt from the California Environmental Quality Act (CEQA). The system permit has been conditioned to be
consistent with previously approved land use approvals (residential water
allotment of adjacent parcels) from
EVIDENCE: CEQA Notice of Exemption (revised)
signed March __, 2005 citing CEQA Guidelines Sections 15301 and 15303. MPWMD Permit Condition #3 setting water
production limits corresponding to long-term irrigation uses and proposed
residential/landscape uses as allowed by
9. FINDING: The application adequately identifies the claim of right
for the source of water supply and provides supporting verification.
EVIDENCE: Information provided in Application
#20040426BAR.
10. FINDING: The
application demonstrates existence of a long-term reliable source of water
supply for the proposed uses. Well testing demonstrated adequate yield; water
quality meets primary drinking water standards, but does not meet secondary
(aesthetic) standards for chloride, iron, manganese, sulfate and
conductivity. Title 22 water quality
standards are not required for single-connection systems. Treatment methods are
available to remove these contaminants for potable uses, if desired. The District will oppose any application to
replace water service for structures served by the Bardis WDS with Cal-Am
service if inadequate water quality is the rationale, until full compliance
with SWRCB Order 95-10 is achieved.
EVIDENCE: Well pumping test data from existing
on-site well from Granite Drilling dated July 12, 2004. Water quality analysis provided in
application materials. MPWMD
Implementation Guidelines for Ordinance No. 96 and 105; Monterey County Health
Department regulations. Bardis WDS
Conditions of Approval, Condition #14.
11. FINDING: The
source of supply is the Carmel Valley Alluvial Aquifer (CVAA) and is shared by
other water distribution systems much larger than the subject system; the CVAA
as a whole is adversely affected by the cumulative impacts of those systems. The cumulative effects of issuance of a
permit for subject property would not be expected to result in significant
adverse impacts to the species and habitat dependent on those sources of supply
because the water distribution system permit conditions do not allow future
land use to differ from those uses already approved by Monterey County, and are
consistent with CEQA litigation affecting the property.
EVIDENCE: Bardis WDS Conditions of Approval, including Condition
#3.
12. FINDING: The
source of supply for the subject parcel is derived from the Monterey Peninsula
Water Resources System. The subject
parcel overlies the CVAA and has been served to date by water extracted from
the CVAA via the Cal-Am system or by two on-site irrigation wells (currently
inoperable). The water extractions
authorized for this parcel are controlled by Monterey County Superior Court
action, including Stipulation and Order.
EVIDENCE: MPWMD map showing boundaries of
13. FINDING: For
the new structures and uses supplied by the Bardis WDS, no permanent intertie
between the Bardis WDS and any other system is allowed. The property is within the Cal-Am service
area, and Cal-Am is required to provide emergency fire protection. Cal-Am supply is also currently available to
certain structures on the property (farmhouse and produce stand) and would
continue to be available to those structures.
Temporary water service could be provided by trucked-in water pursuant
to MPWMD Rule 173 if the proposed system experienced a failure or other
non-fire emergency situation.
EVIDENCE: Map of Cal-Am service area available at
District office; application #20040426BAR; Bardis WDS Conditions of Approval,
Condition #12.
14. FINDING: A
back-flow protection device to prevent contamination of the Cal-Am system will
be installed, if necessary, as a condition of this permit.
EVIDENCE: Bardis WDS Conditions of Approval,
Condition #13. MPWMD Rule 22-B-9, and
Rule 22-D-1(h).
Minimum Standards for Granting a Permit
(MPWMD Rule 22-C)
15. FINDING: The application adequately identifies the responsible party as Christo D. Bardis.
EVIDENCE: Permit application #20040426BAR on file
at the MPWMD office.
16. FINDING: The
application meets the definition of a “single-parcel connection system” and is
therefore exempt from complying with California Title 22 water quality standards.
EVIDENCE: Permit application #20040426BAR on file
at the MPWMD office. District
Implementation Guidelines for Ordinance 96 and 105.
17. FINDING: The
application identifies the location of the source of supply for water
distribution system (water source and well site).
EVIDENCE: Permit application #20040426BAR on file
at the MPWMD office, including location map.
District GIS maps in electronic format.
18. FINDING: The
approval of the application would not create an overdraft or increase an existing
overdraft of a groundwater basin due to conditions of approval that reflect
current land use on the property as well as determinations based on previous
litigation. See also Findings #11 and
#12.
EVIDENCE: See citations in Findings #11 and #12. Bardis WDS Conditions of Approval, Condition
#3.
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 on the parcel to no greater than existing allowed uses as
defined by the Court Order and Stipulation.
EVIDENCE: See Finding #11.
Bardis WDS Conditions of Approval, Condition #3.
Compliance with CEQA
20. FINDING: In
the review of this application, MPWMD has followed those guidelines adopted by
the State of
EVIDENCE: CEQA and CEQA Guidelines, Sections
15301 and 15303. Notice of Exemption for
Bardis WDS (revised) dated March __, 2005.
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