UPDATE: Cal Am, Cemex reach deal on desalination test well
$350K pact includes option for production wells
By Jim Johnson, The Monterey County Herald, 11/06/14
RELATED NEWS ARTICLE:
Coastal Commission staff backs Cal Am test well appeal
Marina denial not justified, staff finds
By Jim Johnson, The Monterey County Herald, 11/03/2014
ABSTRACT: On the CALIFORNIA COASTAL COMMISSION
NOVEMBER 2014 AGENDA, the CALIFORNIA COASTAL COMMISSION is scheduled to consider
Appeal No. A-3-MRA-14-0050 (California-American Water
Company, Marina) Appeal by California-American Water Co. of City of
Marina decision denying permit for construction, operation, and decommissioning
of slant test well, up to 4 monitoring well clusters, and related
infrastructure at CEMEX sand mining plant, Lapis Road, Marina, Monterey County.
(TL-SF) on Wednesday, November 12, 2014 at Oceano Hotel & Spa,
280 Capistrano Road, Half Moon Bay, CA 94019. The STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and COASTAL
DEVELOPMENT PERMIT document, including exhibits, correspondence and Audio
Transcript Marina City
Council meeting 9/3/14, is embedded. And the SUMMARY OF STAFF
RECOMMENDATION section is reproduced. Staff Recommendation: Substantial
Issue Exists; Approval of De Novo Permit with Conditions; Approval
of Regular Permit with Conditions. “…staff
recommends that the Commission find that the project may be approved, despite
its inconsistency with the LCP’s habitat protection policy.”
Staff Report Recommendation on Appeal Substantial Issue, De Novo Hearing
And cdp Cal-Am Test Well 11-2014
STAFF REPORT:
RECOMMENDATION ON APPEAL
SUBSTANTIAL
ISSUE& DE NOVO HEARING and COASTAL DEVELOPMENT PERMIT
Appeal No:
A-3-MRA-14-0050
Local
Government: City
of Marina
Decision: Denial
Application No.:
9-14-1735
Applicant/Appellant:
California American Water Company
Project
Location: At
the site of the CEMEX, Incorporated sand mining facility, Lapis
Road, City of Marina, Monterey County. (APN
#203-011-001 and #203-011-019)
Project
Description: Construct
and operate a test slant well and associated monitoring wells
to develop data necessary to assess the feasibility of
the project site as a potential long-term water source for a
desalination facility.
Staff
Recommendation: Substantial
Issue Exists; Approval of De Novo Permit with Conditions; Approval of Regular Permit with Conditions
SUMMARY OF STAFF
RECOMMENDATION
Project
Description
California-American
Water Company (“Cal-Am”) proposes to construct, operate, and decommission a
temporary test slant well, including up to four monitoring well clusters and related
infrastructure, at the CEMEX sand mining facility along Monterey Bay within an extensive
coastal dune complex in the City of Marina. The project would be completed
during a twenty-four to
twenty-eight month period. The test wellhead would be located approximately 450 feet inland
of mean sea level at an elevation of about 25 feet. No development would occur directly on the
beach or seafloor or in ocean waters. The main project activities include
staging and site
preparation, well drilling and placement of monitoring wells and electrical
cables, ongoing
monitoring during the test period, and well decommissioning.
Project Purpose
The project
would allow Cal-Am to gather technical data related to the potential
hydrogeologic and water
quality effects that would result from using similar wells at or near this site
to provide water for the
proposed Monterey Peninsula Water Supply Project. If the data collected from
this proposed test
well demonstrates that this well design and location would provide the necessary amount of water
and not cause unacceptable adverse effects, Cal-Am may choose to apply for additional
coastal development permits to convert the test well to a production well
and/or construct
additional similar wells, subject to certification of an Environmental Impact
Report (“EIR”) by the
California Public Utilities Commission, which is preparing the document for the above-referenced
water supply project.
The Commission’s
approval of this proposed test well would not authorize any additional activities that
may be associated with a larger or more permanent facility. Any such proposal will require
additional review for conformity to the Coastal Act, which review and analysis
will be conducted
independently of the current decision, with the current decision exerting no influence over
or causing any prejudice to the outcome of that separate decision.
Jurisdiction
The proposed
project would be partially within the coastal development permit jurisdiction
of the City of Marina
and partially within the Commission’s retained permit jurisdiction. Development within the City’s
jurisdiction includes all the project’s land-based activities, which represent almost all of
the project-related development. The only part of the project within the Commission’s
permit jurisdiction is the portion of the slant well that is below grade and
extends
beneath the
beach and seafloor.
On September 4,
2014, the City denied Cal-Am’s CDP application for development of the subject
temporary test slant well. Cal-Am then filed a timely appeal of the City’s
decision.
Recommendation
Staff’s
recommended Findings include several key procedural and substantive issues:
Appeal: The City’s
action is appealable to the Commission pursuant to Coastal Act Section 30603(a)(5),
which allows appeals of any development that constitutes a major public works facility. Staff
recommends the Commission determine that the appeal raises a substantial
issue with the
consistency of the local government’s action with the certified Local Coastal
Program (“LCP”) and that
the Commission hold a de novo hearing.
De Novo Review
and CEQA: Staff
recommends the Commission conditionally approve coastal
development permits A-3-MRA-14-0050 and 9-14-0050 for the proposed project. The key concern here
is the project’s unavoidable effects on environmentally sensitive habitat areas (“ESHA”).
The project
would be built on the site of a sand mining facility located within an
extensive area of coastal dune habitat.
Although the project footprint would be within dune habitat that has been extensively
disturbed by mining activities, the area retains sufficient habitat
characteristics to be considered
sensitive habitat. Project activities would further disturb the sensitive
habitat areas in a manner not consistent with provisions of the LCP. However, because the project
is a coastal-dependent
industrial facility and the LCP allows such facilities in this location,
consistent with Coastal Act
Section 30260, the Commission may approve a permit for this project if 1) alternative
locations are infeasible or more environmentally damaging; 2) denial of the
permit would not be in
the public interest; and, 3) the project is mitigated to the maximum extent feasible.
1) Alternative
locations are infeasible or more environmentally damaging: In recognition of
the state’s preference for subsurface intakes, Cal-Am has focused its efforts on
identifying sites where those types of intakes are feasible. Several sites previously
considered for water supply projects are either no longer available or have been subject to
regulatory or legal changes that limit their feasibility. Several others are more distant
from Cal-Am’s service area and would result in greater environmental impacts due to
an overall larger area of disturbance. Regarding on-site alternatives, the proposed test
well is sited within an already disturbed area of the dune habitat that has been affected by
mining activities for the past several decades. The current on-site location was
selected after consultation by resource agency representatives showed that previously
proposed locations on the north end of the CEMEX site would have greater adverse effects
on sensitive species and coastal resources.
2) To deny
the project would not be in the public interest: Since 1995, Cal-Am and
other entities in the
Monterey Peninsula area have been seeking a water supply to replace that obtained from
the Carmel River. Cal-Am is under an Order from the State Water Resources
Control Board to significantly reduce its withdrawals from the Carmel River within the next
two years. Although significant public effort has gone into previous proposed water
supply options, such as a proposed dam, desalination facilities, and others, those
projects have either not been completed or are no longer under consideration.
The currently proposed test well is meant to provide data for a possible desalination
facility that is the subject of extensive environmental and public interest review by the
California Public Utilities Commission and is the subject of a Settlement Agreement among
more than a dozen local governments and public interest groups. Other potential
water supply projects under consideration are not as far along in design, environmental
review, or permitting, so are not likely to provide the necessary replacement
water supply as quickly as Cal-Am’s currently proposed facility, should the test well be
successful.
3) The
project is mitigated to the maximum extent feasible: Staff’s recommended Findings include
several Special Conditions meant to avoid and minimize effects to ESHA. Mitigation
measures required by Special Conditions 12 through 16 include biological
survey requirements, training of project personnel, avoidance measures to be implemented, and
restoration requirements. Additionally, Special Condition 17 requires Cal-Am to post a
bond that will provide for removal of project structures and for restoration
should Cal-Am not implement those requirements. Other Special Conditions require Cal-Am
to implement Best Management Practices during construction, prepare a spill prevention
plan, avoid coastal hazard areas, and others, all of which will result in further
avoidance and minimization of potential project impacts.
Based on the
analysis of these three tests in the Findings below, staff recommends that the Commission find
that the project may be approved, despite its inconsistency with the LCP’s habitat
protection policy.