EXHIBIT 25-B

MONTEREY PENINSULA

WATER MANAGEMENT DISTRICT

                                                                                                                                                                                                                                                                                                                       

5 HARRIS COURT, BLDG. G

POST OFFICE BOX 85

MONTEREY, CA 93942-0085 • (831) 658-5601

FAX (831) 644-9560 • http://www.mpwmd.dst.ca.us

 

NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION

AND

PROPOSED NEGATIVE DECLARATION FOR

PROPOSED MPWMD ORDINANCE NO. 124

 

For MPWMD Board Review on May 15, 2006

 

1.      PROJECT TITLE:  Ordinance No. 124, known as the Water Distribution System Regulation Amendment Ordinance (Rule 20-C).   

 

2.      DESCRIPTION AND LOCATION OF PROJECT:  Ordinance No. 124 would exempt certain Water Distribution Systems (WDS) within the Monterey Peninsula Water Management District (MPWMD or District) and Former Fort Ord from the requirement to obtain a WDS permit.  The exemption from MPWMD WDS permit requirements would apply if the source of supply for the WDS is not derived from the Seaside Groundwater Basin or the Carmel River Basin, including the Carmel Valley Alluvial Aquifer.  The WDS instead would be regulated by other governmental entities.  The ordinance also deletes a current exemption for new wells that are constructed but not yet activated.  Ordinance No. 124 is provided as Attachment 1 to the Initial Study.

 

The primary purpose of Ordinance No. 124 is to eliminate the apparent regulatory conflict that exists between District Rule 20-A and certain provisions of a 1992 Amended Memorandum of Agreement (Amended MOA) signed in May 1993 between MPWMD, Monterey County Water Resources Agency (MCWRA), and the Pajaro Valley Water Management Agency (PVWMA) that addressed the issue of overlapping jurisdictional boundaries of MPWMD and MCWRA on the Former Fort Ord.  The MOA determined that MCWRA would be the sole regulator of water delivery systems to the Former Fort Ord.   At the same time, the MOA also stated that MPWMD shall have exclusive authority to regulate the management of the Seaside Groundwater Basin within Fort Ord boundaries.  The proposed ordinance resolves this conflict by exempting from MPWMD regulation WDS that do not derive supply from water resources systems regulated by MPWMD, such as Marina Coast Water District service to the Former Fort Ord from water sources extracted from the Salinas Groundwater Basin.

 

The boundaries of MPWMD include the cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City, Seaside, portions of unincorporated Monterey County (primarily Carmel Valley, Pebble Beach, Carmel Highlands, and Highway 68 corridor), the Monterey Peninsula Airport District, as well as a portion of the Former Fort Ord currently owned by the U.S. Government.  Attachment 2 of the Initial Study provides a schematic of the affected area of Ordinance No. 124.

 

3.      REVIEW PERIOD:  The Review Period is April 17, 2006 through May 8, 2006.  CEQA allows a 20-day comment period for issues of local importance.

 

4.      PUBLIC MEETINGS:  This item will be considered at the MPWMD Board meeting of May 15, 2006 during a public hearing beginning at 7:00 PM at the Monterey Regional Water Pollution Control Agency (conference room), 5 Harris Court, Bldg. D, Monterey (Ryan Ranch).

 

5.      LOCATION OF DOCUMENTS: The District’s Rules and Regulations, Ordinances, and agreements referred to in the proposed Ordinance No. 124 may be reviewed at the MPWMD offices at 5 Harris Court, Building G, Monterey, California. 

 

6.      PROPOSED FINDING SUPPORTING NEGATIVE DECLARATION: Based on the Initial Study and the analysis, documents and record supporting the Initial Study, the Monterey Peninsula Water Management District Board of Directors finds that approval of MPWMD Ordinance No. 124, known as the Water Distribution System Regulation Amendment Ordinance for Former Fort Ord Lands (Rule 20-C), does not have a significant effect on the environment.

  

PROPOSED NEGATIVE DECLARATION

 

Based on the finding that approval of MPWMD Ordinance No. 124, known as the Water Distribution System Regulation Amendment Ordinance (Rule 20-C), has no significant effect on the environment, the Monterey Peninsula Water Management District makes this Negative Declaration under the California Environmental Quality Act.

 

Initial Study/Negative Declaration

 

 

 

 

 

 

 

 

 

Prepared by H. Stern, revised 4/13/06 at 5:45 PM