EXHIBIT 10-B

 

RESOLUTION No. 2006-04

 

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT CERTIFYING THE FINAL EIR/EA, ADOPTING THE MITIGATION MONITORING PLAN, AND APPROVING THE MPWMD PHASE 1 AQUIFER STORAGE AND RECOVERY PROJECT

 

 

            WHEREAS, the Board of Directors of the Monterey Peninsula Water Management District (MPWMD) has directed that its staff pursue aquifer storage and recovery (ASR) as a means to facilitate conjunctive use of local water resources for the benefit of the environment and the community;

 

WHEREAS, MPWMD has carried out a successful testing program for ASR since 1996;

 

WHEREAS, the MPWMD Board of Directors in March 2005 directed that an Environmental Impact Report (EIR) be prepared on the MPWMD Phase 1 ASR Project;

 

WHEREAS, the Phase 1 ASR Project is comprised of a second injection well at the existing MPWMD Santa Margarita Test Injection Well (SMTIW) site along with a new pipeline section along General Jim Moore Boulevard to deliver water to the site, with a primary purpose to divert excess flows from the Carmel River Basin between December and May for injection into the Seaside Groundwater Basin, for later extraction in dry periods to help reduce pumping from the Carmel River and associated adverse environmental effects;   

 

WHEREAS, in coordination with the U.S. Army at Fort Ord and California American Water (Cal-Am), the EIR document was revised to become a combined EIR and Environmental Assessment (EIR/EA) to include a temporary pipeline to be constructed by Cal-Am in 2006;

 

WHEREAS, the Draft EIR/EA was circulated for public review for at least 45 days from March 23 through May 8, 2006 with an extension provided until May 22, 2006, in compliance with the California Environmental Quality Act (CEQA);

 

WHEREAS, twelve comment letters and two oral comments (with some duplications) were received;

 

WHEREAS, the MPWMD staff and consultants responded to each comment submitted, including meetings and additional data exchanges with key federal and state commenting agencies, and revised the text and Mitigation Monitoring Plan in the Final EIR/EA based on the comments received;

 

WHEREAS, responses to comments and revised Final EIR/EA text have been provided in a timely manner to each commenting public agency in compliance with CEQA;

 

WHEREAS, CEQA Findings have been prepared to support the certification of the Final EIR/EA; and

 

WHEREAS, a Mitigation Monitoring Plan has been prepared to identify measures to reduce Project impacts to a less than significant level and identify responsibility for mitigation measure implementation, monitoring and reporting.

 

NOW, THEREFORE BE IT RESOLVED by the Board of Directors of the Monterey Peninsula Water Management District as follows: 

 

  1. The EIR has been prepared in compliance with the provisions of the California Environmental Quality Act and the State CEQA Guidelines.

 

  1. The MPWMD Board of Directors, and each participating Director, have reviewed and considered the information contained in the Final EIR/EA for the MPWMD Phase 1 ASR Project prior to deciding whether or not to ratify its designation of the proposed project (i.e., second injection well at SMTIW site and associated facilities) as the project that should be constructed.

 

  1. The Final EIR/EA reflects the independent judgment of the MPWMD Board of Directors.

 

  1. The Final EIR/EA is adequate and may be used by MPWMD and other agencies for decision-making purposes.

 

  1. The MPWMD Board of Directors adopts the accompanying Findings Relating to Certification of the MPWMD Phase 1 Aquifer Storage and Recovery Project EIR and Determining Compliance with the California Environmental Quality Act (“CEQA Findings”), provided as Exhibit 10-C.

 

  1. The MPWMD Board of Directors adopts the accompanying Mitigation Monitoring Plan provided as Exhibit 10-D. 

 

  1. The MPWMD Board of Directors hereby certifies the Final EIR/EA, approves the Phase 1 ASR Project, and determines that the Phase 1 ASR Project it will not have a significant effect on the environment.

 

  1. The MPWMD Board of Directors directs staff to post a Notice of Determination of this action in accordance with Section 15094 of the CEQA Guidelines.

 

 

On motion by Director ________ and seconded by Director ________, the foregoing Resolution is duly adopted this ___ day of _______ 2006 by the following votes:

 

            AYES:        Directors _________________

 

            NAYS:        Directors _________________

 

            ABSENT:    Directors _________________

 

 

            I, David A. Berger, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify that the foregoing is a full, true and correct copy of the Resolution duly adopted on the ___ day of _________ 2006.

 

 

 

            Witness my hand and seal of the Board of Directors this ___ day of ________ 2006.

 

 

 

 

                                                                        ____________________________________

                                                                        David A. Berger

                                                                        Secretary to the Board

 

 

 

 

U:\staff\word\boardpacket\2006\2006boardpackets\20060821\PubHrgs\10\item10_exh10b.doc

Final, HS 8/14/06