ITEM:		PUBLIC HEARING
15.	CONSIDER APPEAL OF STAFF DETERMINATION TO AUTHORIZE PERMIT FOR PISENTI (Well #2) WATER DISTRIBUTION SYSTEM, APPLICATION #20110401PIS ON APN 103-071-019 AT 577 MONHOLLAN ROAD, CARMEL
Meeting Date:			August 20, 2012	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:	N/A
Prepared By:			Henrietta Stern	Cost Estimate:	N/A
General Counsel Review: Pending review
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: At an appeal hearing in November 2011, the Board determined that the Flores and Pisenti Water Distribution System (WDS) applications were complete, which enabled District staff to continue processing the applications. On July 12, 2012, District staff authorized issuance of MPWMD Permit #S12-04-L2 for the Pisenti WDS and Permit #S12-03-L2 for the neighboring Flores WDS, pursuant to District Rule 22. Though the two applications have a shared history, the Board will hear two separate agenda items for the two permits to avoid confusion. The Pisenti WDS Permit authorization package is provided as Exhibit 15-A, which includes a Staff Determination plus five exhibits, as follows:

1. Original application form;

2. Hydrogeologic review by District consultant, Pueblo Water Resources;

3. Draft Findings of Approval approved by District Engineer (General Manager designee);

4. Draft Permit, including Conditions of Approval, site map and Indemnification Agreement; and

5. Notice of CEQA Exemption.

The Staff Determination in Exhibit 15-A summarizes the administrative history, hydrogeologic testing conclusions, and the rationale for the WDS Permit authorization. Careful review of this exhibit is suggested as this staff review contains several references to it. Exhibit 15-B provides a map that shows the Pisenti, Flores and Beech parcels and wells.

The District received a referral and appeal for both the Flores and Pisenti WDS Permits, as discussed in detail in Agenda Item #13. The Summary, Staff Recommendation, Background and Discussion for the Pisenti WDS are the same as for the Flores WDS. To save resources, these text sections and related exhibits are not repeated herein.

RECOMMENDATIONS: As described in Agenda Item #13 for the Flores WDS, the Board has several options for action. Based on the hearing record, the Markey referral and Beech appeal, the General Manager recommends that the Board consider each of the following options, in descending order of preference, and select one. The Board should direct staff to prepare Findings in support of the Board’s choice to be included in the Consent Calendar of the September 17, 2012 meeting.

Option 1- Approval of Permit: recommended

Option 2- Approval of Permit with Added Special Condition #27: select only if Board believes there remains great uncertainty about lack of impact to Beech well and understands exposure to litigation.

Option 3- Continue Consideration of Flores Permit Hearing Until Well Testing Occurs: not recommended.

Option 4- Overturn Staff Authorization for Flores WDS Permit: not recommended.

Please refer to Agenda Item #13 for detailed information and discussion. The substantive information is identical except the words “Pisenti Well #2” may be substituted for the words “Flores Well #1” in a few paragraphs, such as potential Special Condition #27.

EXHIBITS

15-A Staff Determination, including five exhibits supporting Permit #S12-04-L2

15-B Map of Pisenti, Flores and Beech parcels and well locations

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