EXHIBIT 17-D
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT
FINDINGS of APPROVAL
CONSIDER APPLICATION TO CREATE
LONG RIDGE/WELL N-31 ADDITION TO SANTA LUCIA PRESERVE WATER DISTRIBUTION SYSTEM
Service area: APN 239-131-015
through -026, -028, and -030.
Application #20071107SLC, Permit #M09-02-L4
Adopted by MPWMD Board
of Directors on January __,
2009
Unless noted otherwise, all cited documents and
materials are available for review at the MPWMD Office,
It
is hereby found and determined as follows:
1. FINDING: Santa Lucia
Community Services District is identified as the owner of the Santa Lucia
Preserve Water Distribution System (SLPWDS), regulated by the Monterey County
Health Department, which includes the subject Well N-31, located on parcel APN
239-131-022.
EVIDENCE: Application #20071107SLC, site map and application materials dated November 7,
2007;
2. FINDING: The parcel is not within the area served by California Am
EVIDENCE: Permit application as specified in
Finding #1; map of CAW service area.
3. FINDING: A valid well construction permit for a Well N-31 was issued
by MCHD on November 20, 2000. The well
was constructed on May 25, 2001 and was tested for 72-hours during “dry season”
conditions starting on May 29, 2001.
EVIDENCE: Monterey County Health Department
Permit #00-390; State Department of Water Resources Well Completion Report #782821;
Summary Report -Drilling, Well
Construction, and Aquifer Testing, Santa Lucia Preserve Well N-31, prepared by Geoconsultants, Inc., dated August
2001 (referred to herein as “Hydrogeologic Assessment”); Review of Well Source and Pumping Impact
Assessment for SLCSD Well N-31, prepared by Pueblo Water Resources, dated
December 5, 2007 (referred to herein as “Technical Review”).
4. FINDING: Applicant has applied for a permit to create the Long
Ridge/Well N-31 Addition to the SLPWDS for a well to provide potable supply for
11 residential parcels in the Long Ridge area, and for parcels throughout the
Santa Lucia Preserve as part of the integrated SLPWDS specified in Finding
#1. The well could potentially serve three
open space parcels in the Long Ridge area.
The residential parcels in the Long Ridge area include APN 239-131-015 through -025; the open space
parcels include APN 239-131-026, -028, and -030.
EVIDENCE: Permit application as specified in
Finding #1.
5. FINDING: Based on District staff analysis of the well data
provided in the application, 12.15 acre-feet per year (AFY) has been set as the
annual production limit for Well N-31 to meet the water needs for the parcels specified
in Finding #4 as well as integration in to the larger SLPWDS.
EVIDENCE: MPWMD
Technical Review and Hydrogeologic Assessment specified in Finding #3; MPWMD Permit #M09-02-L4, Condition of
Approval #3.
6. FINDING: The application to create the Long Ridge/Well N-31 Addition to the SLPWDS, along with supporting materials, is in accordance with District Rules 21 and 22.
EVIDENCE: Permit application as specified in
Finding #1.
Required Findings (MPWMD Rule 22-B)
7. FINDING: The approval of the permit would not cause unnecessary
duplication of water service with any existing system. The subject property is not within the areas served
by CAW. Well N-31 also appears to
benefit from overlying water rights to percolating groundwater. The proposed system will be limited to 23 connections
as follows: 22 connections associated with the 11 residential parcels (e.g.,
main home and caretaker dwelling for each) and one master connection for
irrigation needs and interconnection to the larger SLPWDS. [Rule 22-B-1]
EVIDENCE: Map of CAW service area; MPWMD Permit #M09-02-L4, Conditions of Approval #1 through #4.
8. FINDING: The approval of the permit could result in water
importation into, or exportation from, the District, depending on the
circumstances. The referenced well N-31 is
located wholly within the MPWMD. However, the interconnected SLPWDS is
comprised of numerous wells located throughout the Santa Lucia Preserve. If water needs within the Long Ridge area are
greater than the capacity of Well N-31, water could be imported into the
District to serve the parcels listed in Finding #4. If excess water is available because the Long
Ridge area demand is less than the capacity of Well N-31, water could be exported
from the District. The total amount of
export is constrained by the 12.15 AFY production limit set by Permit
#M09-02-L4, and the water needs within the Long Ridge area (estimated at 9.6
AFY for the 11 residential lots). Thus, the amount of exported water is not
expected to be greater than 2.55 AFY, on average (12.15 – 9.6 = 2.55). [Rule 22-B-2]
EVIDENCE: Permit application specified in Finding
#1; MPWMD Technical Review and
Hydrogeologic Assessment specified in Finding #3; MPWMD Permit #M09-02-L4,
Condition of Approval #3; District
boundary map.
9. FINDING: Approval of the application would not result in
significant adverse impacts to “Sensitive Environmental Receptors” (SER) as
defined by MPWMD Rule 11, including the Carmel Valley Alluvial Aquifer (CVAA). There are no wells or SER located within 1,000
feet of Well N-31 that are not owned by the applicant. Site-specific hydrogeologic evaluations have
demonstrated that well pumping of up to 12.15 AFY is not expected to have
significant impacts on the CVAA, including pumping during extended dry-season pumping
periods. [Rule 22-B-3]
EVIDENCE: MPWMD
Technical Review of Hydrogeologic Assessment specified in Finding #3; MPWMD Permit #M09-02-L4, Condition of
Approval #3; environmental documents specified in Finding #21.
10. 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). [Rule 22-B-4]
EVIDENCE: Permit Application as specified in
Finding #1; grant deed showing SLCSD ownership of Well N-31.
11. FINDING: The
application demonstrates existence of a long-term reliable source of water
supply for the proposed production of up to 12.15 AFY from Well N-31 for domestic
and open space use. The MPWMD Technical
Review concludes that the supply should be adequate to provide water during
peak and extended dry season periods with the production limit of 12.15 AFY. [Rule
22-B-5]
The
long-term sustainable capacity of wells completed in fractured bedrock collectively
referred to by MPWMD as the “Carmel Valley Upland formations” is dependant on a
variety of factors that cannot be fully evaluated through analysis of
relatively short duration (i.e., 72 hours) pumping tests. The movement and long-term availability of
groundwater in these materials are controlled by the occurrence, connectedness,
and distribution of fractures. The
distribution and connectedness of fractures to sources of recharge are
essentially random, and the volume of groundwater in storage in these systems
is often limited. The low volumes of
groundwater in storage can limit long-term supply particularly during period of
deficient recharge. The implications of
these factors should, therefore, be taken into consideration when planning long-term
use of wells that are completed in fractured bedrock settings.
It
should be noted that MCHD well construction permits include a generic
disclaimer regarding the long-term sustainability of wells completed in hard
rock formations.
EVIDENCE: Hydrogeologic
Assessment and Technical Review specified in Finding #3. Santa Lucia Preserve
Project Final EIR, Chapter 8, Groundwater Hydrology, Stream Base Flow, and
Water Supply and Demand; SCH#94083019, September 14, 1995.
12. FINDING: The
source of water supply is non-alluvial fractured bedrock (consolidated rock) of
the area collectively referred to by MPWMD as the “Carmel Valley Upland
formations.” The cumulative effects of
issuance of a permit for the subject well would not be expected to result in
significant adverse impacts to the source of supply or the species and habitats
dependent on the source of supply. These
impacts have been evaluated by the District, including calculations of extended
(6 months) dry season pumping cycles.
The absence of non-SLPWDS wells and SER within 1,000 feet of the subject
well and the estimated production from the subject well were also
considered. [Rule 22-B-6]
EVIDENCE: Hydrogeologic Assessment and Technical Review specified in Finding #3. Santa
Lucia Preserve Project Final EIR, Chapter 8, Groundwater Hydrology, Stream Base
Flow, and Water Supply and Demand; SCH#94083019, September 14, 1995MPWMD
Permit #M09-02-L4, Condition of Approval, Condition #3. Environmental review documents specified in Finding
#21.
13. FINDING: The
source of supply for the subject parcel is not derived from the Carmel Valley
Alluvial Aquifer or the Monterey Peninsula Water Resource 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 from fractured bedrock in the area collectively referred to
as the “Carmel Valley Upland formations” (percolating groundwater). [Rule
22-B-7]
EVIDENCE: MPWMD map showing boundaries of project
site and jurisdiction of SWRCB superimposed on
14. FINDING: MPWMD
Permit #M09-02-L4 does not allow
a permanent intertie to any other water distribution system. The proposed WDS will be limited to a
physically and legally separate system and is not connected to the CAW system. Temporary water service could be provided by
trucked-in water or a neighboring well in a non-fire emergency such as system
failure. However, such trucking may not be necessary as the SLPWDS is a fully
integrated, interconnected system. Water
from SLPWDS wells other than Well N-31 may be allowed to supply water to the
parcels listed in Finding #4. [Rule
22-B-8]
EVIDENCE: Map of CAW service area available at
District office; MPWMD Permit # M09-02-L4,
Condition of Approval #13. Monterey
County Health Department Water System Permit #270-2521.
15. FINDING: A
back-flow protection device to prevent contamination of the CAW system is determined
not to be necessary as the affected parcels are outside of the CAW service
area. [Rule 22-B-9]
EVIDENCE: Map of CAW service area; MPWMD Permit # M09-02-L4, Condition of Approval #14.
Monterey County Health Department Water
System Permit #270-2521.
Minimum Standards for Granting a Permit
(MPWMD Rule 22-C)
16. FINDING: The
application adequately identifies the responsible party as the SLCSD. [Rule 22-C-1]
EVIDENCE: Permit application specified in Finding
#1.
17. FINDING: The
application meets the definition of a “multiple-parcel connection system” and
the subject Well N-31 is part of the interconnected SLPWDS, a regulated water
utility. Water for domestic use will be supplied
to 11 residential parcels, and must comply with California Title 22 water
quality standards as administered by
EVIDENCE: Permit application as specified in
Finding #1. MPWMD Permit #M09-02-L4, Conditions
of Approval #1, #2, #3, and #15; Monterey County Health Department Water System
Permit #270-2521.
18. FINDING: The
application identifies the location of the source of supply for the Long
Ridge/Well N-31 Addition (water source and well site). [Rule 22-C-3]
EVIDENCE: Permit application as specified in
Finding #1, including location map. MPWMD
Permit #M09-02-L4, Condition of Approval #4.
19. 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 fractured bedrock (consolidated
rock) in the area collectively referred to by MPWMD as the “Carmel Valley
Upland formations.” [Rule 22-C-4]
EVIDENCE: MPWMD hydrologic monitoring data and
annual reports; MPWMD Permit #M09-02-L4,
Condition of Approval #3.
20. 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 to other overlying users. [Rule 22-C-5]
EVIDENCE: MPWMD hydrologic monitoring data and
annual reports; Hydrogeologic Assessment and Technical Review specified in Finding #3; MPWMD Permit #M09-02-L4, Condition of Approval #3.
Compliance with
21. FINDING: In
the review of this application, MPWMD has followed those guidelines adopted by
the State of
EVIDENCE: Monterey County Notice of Determination
for Santa Lucia Preserve Final EIR (SCH #94083010), filed with the County Clerk
on February __, 1996, along with Calif. Dept. of
Fish and Game Environmental Filing Fee Receipt #xxxxx. Monterey
County Notice of Determination for Addendum to Santa Lucia Preserve EIR filed
with the
22. FINDING: Pursuant
to CEQA Sections 15091 and 15092, the MPWMD Board finds that the project will not
have a significant effect on the environment, based on the documentation cited
in Finding #21. Mitigation measures are
not made as conditions of approval by MPWMD for this action. The full record
for all facets of the project is located in the offices of the Monterey County
Planning & Building Inspection Department,
EVIDENCE:
23. FINDING: Pursuant
to CEQA Section 15093, a Statement of Overriding Considerations was not adopted
by the MPWMD Board for approval of the subject permit.
EVIDENCE: MPWMD Notice of Determination for Long
Ridge/Well N-31 Addition to SLPWDS prepared January __, 2009, based on MPWMD Board approval on
January 29, 2009.
.
Prepared
by H. Stern, 01/16/2009
U:\staff\word\boardpacket\2009\20090129\PubHrgs\17\item17_exh17d.doc