CALIFORNIA COASTAL COMMISSION Hearing Procedures & FAQ Agenda Item Th8a & 9a – California-American Water Company Desalination Facility

California Coastal Commission Hearing Procedures
Agenda Item Th8a & 9a – California-American Water Company Desalination Facility
9:00am - Thursday, November 14, 2019
Oceano Hotel & Spa
280 Capistrano Rd., Half Moon Bay
Remote Testimony Available at City of Marina Council Chambers
211 Hillcrest Ave., Marina
Hearing Procedures as of November 6, 2019


FAQ
Agenda Item Th8a & 9a – California-American Water Company
Desalination Facility

NOTEWORTHY EXCERPTS:

4. Why aren’t the Commissioners taking a final vote on this proposal?
It is not unusual for the Commissioners to need more than one hearing to make a final decision on items as complex as the Cal-Am desalination proposal. In this case, Coastal Commission staff met with California Public Utilities Commission (CPUC) staff to discuss the posted staff recommendation on the Cal-Am project. The CPUC staff raised new technical questions about water supply and demand, potential ground water impacts, and the Pure Water expansion alternative – all of which require further investigation. Commission staff therefore decided it was important to hear applicant, agency, and public comments in a public hearing and to explore key remaining technical questions before the Commission considers voting on the project proposal.

5. Will there be any voting on this item?
There will not be a Commission vote on whether to approve or deny the Cal-Am project at the November hearing. However, because item 8a is an appeal of a local permit decision, the Commission may vote on whether the appeal raises a “substantial issue.” If the Commission finds that it does, that will allow the hearing on the appeal to move forward. Then the Commission will open the public hearing and take public comment on whether to approve or deny Cal-Am’s project. The hearing will address all aspects of the project proposed in the coastal zone including the portion in the City of Marina that is on appeal (item 8a) and those portions in the County and Seaside and in the Commission’s own permitting jurisdiction (item 9a). The next hearing on this item will likely be scheduled for March in Santa Cruz.

CALIFORNIA COASTAL COMMISSION: Independent Hydrogeological Review of Recent Data and Studies Related to California American Water’s Proposed Monterey Regional Water Supply Project Weiss Job No. 466-2148, November 1, 2019 (EXHIBIT 7) & Addendum

ABSTRACT:  EXHIBIT 7, the draft report, dated November 1, 2019, to Tom Luster, California Coastal Commission, from William A. McIlvride, PG, CEG, CHG, Senior Project Hydrogeologist, “documents Weiss Associates (Weiss’s) independent hydrogeological review of data and studies related to California American Water’s (Cal-Am) proposed Monterey Regional Water Supply Project (MRWSP).” Selected excerpts, as follows:
The specific study questions the Commission requested technical opinions from Weiss to address are:
1. What were the effects of potential and actual changes in hydraulic gradient since January 2017, and what is the potential for these changes to affect potential seawater intrusion to, and capture of fresh water from, aquifers tapped by the well field?
2. What is the potential for the well field to adversely affect or capture previously unidentified volumes of fresh water? and
3. What are the possible project modifications to avoid or reduce the potential effects?

SUMMARY OF FINDINGS

Weiss’s findings with respect to the Commission’s study questions are addressed in detail in this report and summarized as follows:

1. A steepening of the hydraulic gradient seaward in the Dune Sand Aquifer in 2017 will likely result in a limited to negligible effect on seawater intrusion, and likely result in an increase in the fresh water percentage (FWP) of the well field flow due to capture of fresh water from the aquifers tapped by the well field. The gradient change appears to result from local and regional aquifer recharge due to increased rainfall in the 2016-2017 and 2018-2019 rain years. This is significant to the evaluation of the FWP percentages resulting from the MRWSP since there are significant data gaps with respect to groundwater flow paths in the Dune Sand Aquifer and the transfer of fresh water (total dissolved solids [TDS] < 3,000 milligrams per liter [mg/L]) from the Sand Dune Aquifer to the 180-foot Aquifer. Therefore, to be able to rely on Cal-Am’s model results to accurately predict FWP, Weiss recommends additional data collection to address these data gaps, development of a consensus conceptual site model (CSM) and modifications of the model assumptions based on the CSM, and then calibration of the model to match the effects of these recent rainfall events.

2. The well field capture analysis presented in the project’s Final EIR/EIS appears to be flawed as it does not account for potential freshwater capture beyond the identified capture zone of the well field due to seaward gradients. If such capture is greater than what is already accounted for, it will decrease the ocean water percentage (OWP) in water extracted by the well field. The uncertainty in the range of OWP depends on how the hydrogeology of the Dune Sand Aquifer and underlying Fort Ord Salinas Valley Aquitard (FO-SVA) is interpreted and modeled. It could be reduced through adjustments to the groundwater model and applying it in non-superposition mode to more accurately reflect the site hydrogeology and implications of the TSW pumping results.

3. Potential project impacts on groundwater quantity and quality can be reduced by extending the planned well field intakes seaward by reducing the angle of slant of the wells or by using horizontal wells to shorten the seawater flow path to the well field intakes, thereby increasing the OWP and decreasing the size of the landward capture zone.

RECOMMENDATION

To obtain a more accurate and definitive groundwater capture zone and OWP estimates due to proposed pumping from the MRWSP well field, it is recommended that additional hydrogeologic data be obtained from the 2 square-mile area east of MW-7S so that a single CSM can be accepted to represent that area. In addition, the area west of MW-7, between MW-4 and MW-7, should be investigated to determine potential aquitards contiguous with those at MW-7, and vertical groundwater gradients between the Dune Sand Aquifer and 180-Foot Aquifer. The new data should be incorporated into NMGWM, 2016 which should be modified as follows:

• Change the thickness of the FO-SVA (Layer 3) inland from MW-7, and configure so that the top and bottom of Layer 3 approximates the configuration depicted in the geologic cross-section, such that the top resembles a “stair-step” surface;

• Potentially divide Layer 2 into two or more layers;

• Increase the HK of the Dune Sand Aquifer (Layer 2) in parameter Zones 16 and 20, currently modeled with HK of 2 and 4 ft/day, respectively, to values in the range of 50 to 200 ft/day, more akin to the actual HK for dune sand, and in the middle of the range in values from other sources (Figure 27); and

• Modify HK and VK as appropriate in Layers 2, 3, and 4 of the model in the vicinity of the well field, such that drawdowns in more distant wells, particularly MW-4 and MW-7, are in accord with those estimated from a conservative extrapolation of the TSW drawdown data.

Along with these changes, the model should be run in non-superposition mode in a range of scenarios, and flow lines plotted to illustrate the revised capture pattern. Mass balance information should be obtained for those portions of the model affected by groundwater flow to the well field, and from the Dune Sand Aquifer to the 180-Foot Aquifer, and used to calculate new fresh water capture and OWP estimates.

CLOSING

Weiss Associates’ work at the California-American Water test slant well site and vicinity was conducted under my supervision. To the best of my knowledge, the data contained herein are true and accurate, based on what can be reasonably understood as a result of this project while satisfying the scope of work prescribed by the client for this project. The data, findings, recommendations, specifications, and/or professional opinions were prepared solely for the use of the California Marine Sanctuary Foundation and the California Coastal Commission in accordance with generally accepted professional engineering and geologic practice. Weiss makes no other warranty, either expressed or implied, and is not responsible for the interpretation by others of the contents herein

EXHIBIT 7 document copy is embedded. 

Independent Hydrogeological Review of Recent Data and Studies Related to California American Water’s Proposed Monterey Regional Water Supply Project Weiss Job No. 466-2148
Weiss Associates

November 1, 2019


Addendum to Staff Report for CDP Application 9-19-0918 and Appeal A-3-MRA-19-0034 (California American Water Company

CALIFORNIA COASTAL COMMISSION STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT: Staff Recommendation: Substantial Issue Exists; Denial of De Novo Permit; Denial of Regular Permit

UPDATE: 

1. Items Th8a and Th9a below will share a combined staff report and hearing
2. false(The groundwater section staff expected to add today to the staff report for Items Th 8a & 9a will now be posted on Monday, November 4th)

ABSTRACT: STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT

Appeal No: A-3-MRA-19-0034

Local Government: City of Marina

Decision: Denial

Application No.: 9-19-0918

Applicant: California American Water Company

Appellants: California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga

Project Location: Wellfield at the site of the CEMEX, Incorporated sand mining facility in the City of Marina, Monterey County, and pipelines and associated infrastructure within the Cities of Marina and Seaside, the County of Monterey, and the Commission’s retained jurisdiction.

Project Description: Construct and operate a slant well field, associated water transmission pipelines and related infrastructure within the coastal zone to support a proposed desalination facility located inland of the coastal zone.

Staff Recommendation: Substantial Issue Exists; Denial of De Novo Permit; Denial of Regular Permit

STAFF NOTE: This staff report does not currently include a section analyzing the potential groundwater impacts of the proposed project. Due to delays caused by power outages and wildfires, the independent hydrogeologist that the Commission hired to assess hydrogeological impacts has had to delay issuance of his report, which has necessarily delayed this portion of the staff report. Given the complexity of the proposed project, however, and the significant public interest in the project, staff is issuing this staff report early, even without this section, so that the public will have additional time to review the lengthy report. A revised version of this report will be posted on Friday, November 1, that will include the groundwater analysis.

The STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT and EXHIBITS document copies are embedded. 

STAFF REPORT: RECOMMENDATION ON APPEAL SUBSTANTIAL ISSUE & DE NOVO HEARING and CONSOLIDATED COASTAL DEVELOPMENT PERMIT

EXHIBITS

NOTE: For Correspondence Support, Correspondence Opposition, Appendix B - ExParte, Hearing Procedures: Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.) or  Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.) (Thursday, November 14, 8 New Appeals a. and 9 Coastal Permit Applications a.)

REFERENCE:

Draft Meeting Agenda

November 2019

Thursday, November 14, 2019

Energy, Ocean Resources & Federal Consistency

8 New Appeals

a.            Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.) Appeal by California American Water Company, Brian LeNeve, Castroville Community Services District, and Commissioners Howell and Uranga of City of Marina decision denying permit for construction and operation of well field, pipelines, and associated infrastructure at the CEMEX sand mining facility, Lapis Road, Marina, Monterey County, to be used to provide source water for a desalination facility that would be located outside the coastal zone in Monterey County. (TL-SF) Submit Comment
To: EORFC@coastal.ca.gov
Subject: Public Comment on November 2019 Agenda Item Thursday 8a - Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.)

9 Coastal Permit Applications

a.            Application No. 9-19-0918 (California American Water Co., Seaside, Monterey Co.) Application of California American Water Company for consolidated permit to construct and operate water delivery pipelines and associated infrastructure within the City of Seaside, County of Monterey, and Commission’s retained jurisdiction to support a desalination facility that would be located outside the coastal zone in Monterey County. (TL-SF) Submit Comment
To: EORFC@coastal.ca.gov
Subject: Public Comment on November 2019 Agenda Item Thursday 8a - Appeal No. A-3-MRA-19-0034 (California American Water Company, et al., Monterey Co.)

CalAm Monterey Peninsula Water Supply Project DEIR Review SPECIAL JOINT MEETING of the MARINA CITY COUNCIL and the MARINA PLANNING COMMISSION, May 12, 2015

ABSTRACT: The CalAm Monterey Peninsula Water Supply Project DEIR Review SPECIAL JOINT MEETING of the MARINA CITY COUNCIL and the MARINA PLANNING COMMISSION May 12, 2015 slideshow document is embedded.

MPWSP DEIR Presentation (Marina) 05-12-15

CalAm Monterey Peninsula Water Supply Project DEIR Review SPECIAL JOINT MEETING of the MARINA CITY COUNCIL and the MARINA PLANNING COMMISSION May 12, 2015

CALIFORNIA COASTAL COMMISSION NOVEMBER 2014 AGENDA: 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, November 12, 2014

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.

City of Marina City Council Agenda Item, 3 September 2014: City Council open a public hearing, take any testimony from the public, and; consider appeal of Planning Commission action of July 10, 2014 regarding adoption of Resolution No. 2014- : (1) certifying a Mitigated Negative Declaration and adopting a Mitigation and Monitoring Program, and; (2) approving Coastal Development Permit CDP 2012-05, for the California American Water Slant Test Well Project located at CEMEX’s Lapis Road property (APN’s 203-011-001 & 203-011-019)

UPDATE: “Citing expert disagreement over the potential impact of California American Water's proposed desalination slant test well program on an already seawater-contaminated groundwater basin, the Marina City Council” “voted 3-2 to deny Cal Am's bid for the proposed two-year test well project at the Cemex sand mining plant in north Marina,” according to reporting in The Monterey County Herald.  And “An appeal to the state Coastal Commission of Wednesday's council decision is expected, which could further delay Cal Am's proposed desal project.”

Source: Marina council denies Cal Am desal slant test well bid
By Jim Johnson,The Monterey County Herald, 09/04/2014

ABSTRACT: City of Marina City Council Agenda Item, 3 September 2014, namely PUBLIC HEARINGS: a. City Council open a public hearing, take any testimony from the public, and; consider appeal of Planning Commission action of July 10, 2014 regarding adoption of Resolution No. 2014- : (1) certifying a Mitigated Negative Declaration and adopting a Mitigation and Monitoring Program, and; (2) approving Coastal Development Permit CDP 2012-05, for the California American Water Slant Test Well Project located at CEMEX’s Lapis Road property (APN’s 203-011-001 & 203-011-019), is presented. AGENDA Packet is embedded, including supporting materials on Agenda Item 9, pages 43-227.

AGENDA

Wednesday, September 3, 2014
5:30 P.M. Closed Session

6:30 P.M. Closed Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION,

AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY

Council Chambers

211 Hillcrest Avenue

Marina, California

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members)
Nancy Amadeo, David W. Brown, Gail Morton, Mayor Pro-Tem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado

9. PUBLIC HEARINGS:
a. City Council open a public hearing, take any testimony from the public, and; consider appeal of Planning Commission action of July 10, 2014 regarding adoption of Resolution No. 2014- : (1) certifying a Mitigated Negative Declaration and adopting a Mitigation and Monitoring Program, and; (2) approving Coastal Development Permit CDP 2012-05, for the California American Water Slant Test Well Project located at CEMEX’s Lapis Road property (APN’s 203-011-001 & 203-011-019).

Marina City Council 09-03-14

AGENDA PACKET

REQUEST TO OPEN A PUBLIC HEARING, TAKE ANY TESTIMONY FROM THE PUBLIC, AND CONSIDER APPEAL OF PLANNING COMMISSION ACTION OF JULY 10, 2014 REGARDING ADOPTING RESOLUTION NO. 2014- : (1) CERTIFYING A MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PLAN, AND; (2) APPROVING COASTAL DEVELOPMENT PERMIT CDP 2012-05, FOR THE CALIFORNIA AMERICAN WATER SLANT TEST WELL PROJECT LOCATED AT CEMEX’s LAPIS ROAD PROPERTY (APN’s 203-011-001 & 203-011-019), pgs. 43-227

Monterey Peninsula Water Supply Project, CEQA Environmental Review, CEQA Process Schedule, Draft EIR Publication ‘delayed "several months" beyond its September 30 public release date’

ABSTRACT: RE: STATE OF CALIFORNIA, PUBLIC UTILITIES COMMISSION, Monterey Peninsula Water Supply Project, CEQA Environmental Review, “The firm hired by the state Public Utilities Commission to conduct the project's environmental review said the draft report had been delayed "several months" beyond its Sept. 30 public release date. According to Monterey Peninsula Regional Water Authority executive director Jim Cullem, a representative from Environmental Science Associates called Friday with the news and also said the PUC's December hearings on the project would likely be delayed, perhaps for as long as three months,” according to reporting in The Monterey County Herald.  Additionally, "the Marina City Council has decided to hear Cal Am's appeal of the city Planning Commission's denial of a test well permit on September 3, 2014."

RELATED NEWS ARTICLES:
“Monterey Peninsula officials have already submitted a confidential proposal to extend the approaching deadline for complying with the state-ordered cutback in pumping from the Carmel River set to take full effect at the end of 2016, and are expecting to receive a counterproposal from the state water board by the end of the summer,” according to reporting in The Monterey County Herald.

PUC ALJ Angela Minkin “ruled that the consulting firm preparing the project's draft environmental impact report would be delayed four months until the end of January. That is expected to push a final PUC decision back about six months to the middle of next year and likely will also delay final completion of the project.”

Source: Bid to relax Carmel River cutback order announced

By Jim Johnson, 08/15/2014

Desal draft EIR release delayed; impact on schedule uncertain

Could push back project schedule by three months

By Jim Johnson, 08/12/14

STATE OF CALIFORNIA
PUBLIC UTILITIES COMMISSION

Monterey Peninsula Water Supply Project

(Application A.12-04-019, filed April 23, 2012)

CEQA Environmental Review Pursuant to CEQA Guidelines Section 15162, the CPUC has determined that a Subsequent EIR is the appropriate level of CEQA review for the MPWSP. The MPWSP EIR will provide a comprehensive description and evaluation of all proposed components (including the new proposed elements and previously analyzed components) as the "whole of the action." The MPWSP EIR may evaluate alternatives not previously considered in the previous CWP EIR. If it is determined through the scoping process that additional federal review is required, CPUC will coordinate with the appropriate agency to comply with the National Environmental Protection Act (NEPA). CEQA Process Schedule (See ALJ Ruling dated January 27, 2013) Public Release of Notice of Preparation October 10, 2012 EIR Scoping Period (30 days) October 10, 2012 - November 9, 2012 Public Scoping Meetings October 24, 2012 and October 25, 2012 Draft EIR Publication 3rd Quarter 2014 Public and agency comment period Comments will be due 45 days following release of DEIR Public hearings on Draft EIR 4th Quarter 2014 Publication of Final EIR 1st Quarter 2015 EIR Certification & CPUC Decision 1st Quarter 2015

City of Marina, Planning Commission Meeting: Item No: 6a. OPEN A PUBLIC HEARING, TAKE ANY TESTIMONY FROM THE PUBLIC, AND CONSIDER ADOPTING RESOLUTION NO. 2014- : (1) CERTIFYING A MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PLAN, AND; (2) APPROVING COASTAL DEVELOPMENT PERMIT CDP 2012-05, FOR THE CALIFORNIA AMERICAN WATER SLANT TEST WELL PROJECT LOCATED AT CEMEX's LAPIS ROAD PROPERTY (APN's 203-011-001 & 203-011-019)

UPDATE:
Cal Am test wells rejected by Marina Planning Commission
Cal Am files appeal, expects to stay on schedule
By Jim Johnson, The Monterey County Herald

Highlight Excerpts:

"On Thursday, the commission voted against approval of a coastal development permit for Cal Am's test desal slant well program and the accompanying environmental review."
"The decision prompted Cal Am officials to file an appeal to the Marina City Council, which included a request for expedited review."

ABSTRACT:  The City of Marina, Planning Commission, is scheduled to conduct a Regular Meeting of the Planning Commission on Thursday, July 10, 2014 commencing at 6:30 P.M., Council Chambers, 211 Hillcrest Avenue, Marina, California. Agenda Item 6. PUBLIC HEARINGS a. Open a public hearing, take any testimony from the public, and consider adopting Resolution No. 2014- : (1) certifying a Mitigated Negative Declaration and adopting a Mitigation and Monitoring Program, and; (2) approving Coastal Development Permit CDP 2012-05, for the California American Water Slant Test Well Project located at CEMEX’s Lapis Road property (APN 203-011-001 & 203-011-019) is featured.  The SUMMARY of the Staff Report prepared by Theresa Szymanis, Planning Services Manager is reproduced. The AGENDA Packet is embedded. 

July 2, 2014
Honorable Chair and Members of the Marina Planning Commission
Planning Commission Meeting of July 10, 2014
Item No: 6a

REQUEST TO OPEN A PUBLIC HEARING, TAKE ANY TESTIMONY FROM THE PUBLIC, AND CONSIDER ADOPTING RESOLUTION NO. 2014- : (1) CERTIFYING A MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION MONITORING AND REPORTING PLAN, AND; (2) APPROVING COASTAL DEVELOPMENT PERMIT CDP 2012-05, FOR THE CALIFORNIA AMERICAN WATER SLANT TEST WELL PROJECT LOCATED AT CEMEX's LAPIS ROAD PROPERTY (APN's 203-011-001 & 203-011-019)

SUMMARY

The first of the two requested actions is certification of the IS/MND and adoption of the MMRP. An MND can be adopted when the initial study has identified potentially significant effects on the environment, but: (1) revisions in the project plans would avoid or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.

Following action on the environmental document, the Planning Commission may, after review and consideration: approve, approve with conditions or deny the requested Coastal Development Permit. This decision is to be based on the analysis within this report and the ability to make the Findings within the draft Resolution and thus determine that the proposed project is consistent with the General Plan, the Local Coastal Land Use Plan, the Local Coastal Plan Implementation Plan and the Zoning Ordinance.

City of Marina Planning Commission Agenda Packet 07-10-14.pdf

City of Marina
AGENDA Packet
Thursday, July 10, 2014 6:30 P.M.
REGULAR MEETING
PLANNING COMMISSION

Draft Initial Study and Mitigated Negative Declaration For the California American Water Slant Test Well Project & Appendices A-E (May 2014)

ABSTRACT: The “Draft Initial Study and Mitigated Negative Declaration For the California American Water Slant Test Well Project” and Appendices A-E, May 2014, prepared for the City of Marina and prepared by SWCA Environmental Consultants documents are embedded. “The City of Marina oversaw preparation of an Initial Study (IS) for the project in October 2013 (SWCA 2013). The IS indicated that the proposed project had the potential to result in significant adverse effects on the environment, but that any such effects could be avoided or reduced to a less than significant level through project design modifications and development and implementation of feasible mitigation. Pursuant to the terms of a 1986 Settlement Agreement between the City of Marina and the Sierra Club, the IS was provided to the Ventana Chapter of the Sierra Club for their review and recommendation as to the appropriate environmental document required for environmental compliance under CEQA. On November 1, 2014, the California Environmental Law Project (attorney for the Ventana Chapter of the Sierra Club) responded by stating, “…the Sierra Club has no objection to the City preparing a mitigated negative declaration in connection with California American Water’s application for a test well in connection with its proposed desal[ination] facility.”
“Based on the analysis provided in the IS, the findings of additional environmental analysis conducted and technical studies prepared in response to early agency consultation, and concurrence from the Sierra Club per the requirements of the 1986 Settlement Agreement, the City of Marina has prepared a Draft Initial Study and Mitigated Negative Declaration (IS/MND) for the Cal Am Slant Test Well Project for public circulation and review. The Draft IS/MND will be circulated for public review during a 30-day public comment period pursuant to CEQA Guidelines Section 15105. Prior to approving a proposed project, the City must consider the draft environmental documentation, together with any public comments received during the public review period.”
Moreover, according to reporting in The Monterey County Herald, “The study assessed the potential impact of a test slant well and four monitoring wells on the Cemex site in north Marina where desal plant source water would be pumped from beneath the ocean floor. The test wells are designed to operate for up to two years and gather technical data on the potential hydrogeologic and water quality effects of the proposed pumping for the desal plant. The data would not, however, be included in the project's environmental impact report, which is due to be released early next year.” Additionally, “The city's planning commission is scheduled to consider the permit application on July 10, and an expected state Coastal Commission review could occur by October, theoretically allowing the test wells to be drilled the following month."  Importantly, “The test wells are separate from a series of bore holes used to collect information for a hydrogeological working group, whose findings will be used to determine the suitability of the proposed Cemex desal plant source water intake site.”
RELATED NEWS ARTICLE:
Monterey desal: Environmental study released on proposed slant wells
By Jim Johnson, The Monterey County Herald, 05/31/2014

Draft Initial Study and Mitigated Negative Declaration

Draft Initial Study and Mitigated Negative Declaration For the California American Water Slant Test Well Project
May 2014
Prepared For: City of Marina
Prepared By: SWCA Environmental Consultants

Slant Test Well Draft IS-MND_051614 - Appendices 2014.pdf

APPENDICES A-E

APPENDIX A: SIERRA CLUB RESPONSE LETTER
APPENDIX B: BIOLOGICAL RESOURCES BACKGROUND INFORMATION
APPENDIX C: CULTURAL RESOURCES BACKGROUND INFORMATION
APPENDIX D: GEOLOGY AND SOILS BACKGROUND INFORMATION
APPENDIX E: HYDROLOGY AND WATER QUALITY BACKGROUND INFORMATION

NOTE: The review period for the Initial Study/Mitigated Negative Declaration begins May 19, 2014 through June 17, 2014.

CITY OF MARINA PLANNING COMMISSION: 'Provide an interpretation of Marina Municipal Code Chapter 17.55, Surface Mining and Reclamation Standards, that the extraction of water to determine its mineral content is a surface mining operation.'

UPDATE: Marina panel rejects Cal Am water testing
Council will consider appeal from mayors' group
By VIRGINIA HENNESSEY Herald Staff Writer, 02/07/2014

Highlight Excerpts:
The Marina City Council will meet in special session Wednesday after the city Planning Commission refused to play ball with California American Water and local mayors over water testing needed to advance the Peninsula water project.
In a 4-2 vote Thursday night, the commission rejected their staff's recommendation to allow Cal Am to take water samples from bore holes in wells on the Cemex property.
Marina's mayor said he has considered both sides, but not decided how he will vote. The Planning Commission appropriately looked at the issue narrowly, he said. But the impact of withdrawing four gallons of water is "so minuscule" compared to the "huge benefit to the community" that the big picture makes sense.

Note: Planning Commissioners

MARINA PLANNING COMMISSION 2013

DAVID BURNETT CHAIRPERSON
KENNETH TURGEN VICE-CHAIR
DEBRA DANIELS
MARGARET DAVIS
GENE DOHERTY
GREG FUREY
VIRGIL PIPER

ABSTRACT: Regarding, “Provide an interpretation of Marina Municipal Code (MMC) Section 17 .41.260, Surface Mining and Reclamation Standards, pursuant to a request by City Staff in accordance with MMC Section 17.56.0201,” the matter was originally before the City of Marina Planning Commission on January 23, 2013, at which time it was continued to the Commission's next meeting. February 6, 2014.
BACKGROUND: The City of Marina has received two separate requests by representatives of California American Water ("Cal Am") and the California Public Utilities Commission ("CPUC") to drill a total of five exploratory boreholes at the CEMEX mining site for the purpose of gathering information for the preparation of the Environmental Impact Report ("EIR") for the Monterey Peninsula Water Supply Project (MPWSP). That Project is Cal Am's proposed regional desalination project. CEMEX has authorized the drilling of the boreholes. The first three boreholes were for soil exploration only, and were treated by City Staff as an activity that is part of on-going "surface mining operations" of the CEMEX site. These boreholes have been drilled and refilled.
The final two proposed boreholes would involve not only soil boring, but also the extraction of a de minimus amount of water for a limited duration to determine its mineral content. Cal Am and CPUC submit that these final two exploratory boreholes should be treated the same as the prior soil extraction boreholes because the purpose is the same - namely, the examination of the minerals present in the extracted material, but in this case it will also include the extraction of a de minimus amount of water for water samples.

City Staff, the City Attorney, and the City's Special CEQA/Land Use Counsel concur with the interpretation, but desire to bring the matter forward for a formal interpretation by the Planning Commission pursuant to MMC Section 17.56.020 because of the public interest in this issue.
The Planning Commission's interpretation would guide the City's process for examining the final two proposed exploratory boreholes. If the Planning Commission agrees with the proposed interpretation of "surface mining operation," then no permit or approval from the City would be needed for the two fmal boreholes since the MMC exempts CEMEX from having to obtain permits to conduct its surfacing mining operation unless there are substantial changes made to the mining operations (MMC § 17.41.260.D.2.(d)). If the Planning Commission disagrees with the proposed interpretation of the M:MC, a Coastal Development Permit would be required for the final two boreholes.There is a SPECIAL Planning Commission Meeting on Monday, February 10, 2014. SPECIAL MEETING PLANNING COMMISSION Agenda Packets for January 23, 2014 and February 6, 2014 are embedded.

Case for public water
By GEORGE RILEY Guest commentary, 02/04/2014

Marina Planning Commission Agenda Packet 02-06-14

City of Marina
AGENDA PACKET
SPECIAL MEETING
PLANNING COMMISSION
Thursday February 6, 2014

Marina Planning Commission Agenda Packet 01-23-14

City of Marina
AGENDA PACKET
SPECIAL MEETING
PLANNING COMMISSION
Thursday, January 23, 2014

CITY OF MARINA: CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013 - , APPROVING AMENDMENT #1 TO A CONTRACT BETWEEN THE CITY OF MARINA AND SWCA ENVIRONMENTAL CONSULTANTS OF SAN LUIS OBISPO, CALIFORNIA, FOR ENVIRONMENTAL PLANNING SERVICES RELATED TO THE CALIFORNIA AMERICAN WATER TEMPORARY SLANT TEST WELL PROJECT; AND AUTHORIZE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

ABSTRACT: City of Marina staff report document prepared by Theresa Szymanis, AICP, Planning Services Manager, City of Marina, associated with the City of Marina City Council agenda and meeting of November 6, 2013 related to Item No. 8g (3) City Council consider adopting Resolution No. 2013-, approving Amendment #1 to a contract between the City of Marina and SWCA Environmental Consultants of San Luis Obispo California, for environmental planning services related to the California American Water Temporary Slant Test Well project, and; authorize City Manager to execute the contract amendment on behalf of the City, subject to final review and approval by the City Attorney is embedded, including CITY OF MARINA AGREEMENT FOR PLANNING CONSULTING SERVICES RELATED TO PREPARATION OF AN INITIAL STUDY FOR THE CAL AM SLANT TEST WELL PROJECT, Proposal to Prepare an Initial Study for the CALIFORNIA AMERICAN WATER TEMPORARY SLANT TEST WELL PROJECT, SWCA ENVIRONMENTAL CONSULTANTS, JULY 23, 2013 and AMENDMENT #1 TO CONTRACT FOR ENVIRONMENTAL PLANNING SERVICES, SWCA Environmental Consultants, October 31, 2013.

CITY of MARINA California American Water Temporary Slant Test Well Project 11-06-13

Item No. 8g (3)
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013 - , APPROVING AMENDMENT #1 TO A CONTRACT BETWEEN THE CITY OF MARINA AND SWCA ENVIRONMENTAL CONSULTANTS OF SAN LUIS OBISPO, CALIFORNIA, FOR ENVIRONMENTAL PLANNING SERVICES RELATED TO THE CALIFORNIA AMERICAN WATER TEMPORARY SLANT TEST WELL PROJECT; AND AUTHORIZE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

RELATED NEWS ARTICLE:

Cal Am delays desalination test wells for a year
By JIM JOHNSON Herald Staff Writer, 11/14/2013
Excerpt Highlight:
California American Water's plans to drill test wells for its proposed desalination plant will be delayed until fall 2014 because of more required studies for the environmental review, a company official said Thursday.

California American Water Application Package for the Temporary Slant Test Well Project to the City of Marina, July 2013

ABSTRACT:  On July 2, 2013, on behalf of California American Water (CalAm), RBF Consulting (RBF) submitted to the City of Marina the Application Package for the Temporary Slant Test Well Project, Marina, CA.  The Application, including Attachment A – City of Marina Cover Page, Attachment B – City of Marina Project Description Form, Attachment C – City of Marina Environmental Information Form, Attachment D – City of Marina Affidavit Form, Attachment E – MPWSP Temporary Slant Test Well Project Description (June 25, 2013), Attachment F – Biological Technical Memo for Temporary Slant Test Well Project (July 2013), Biological Technical Memo for Exploratory Borings Program (June 2013), Attachment G – Cultural Resources Assessment (June 25, 2013) and Attachment H – Test Well Facilities Map, is embedded. Importantly, “The temporary test well Project will provide field data concerning geologic, hydrogeologic, and water quality characteristics of the Sand Dunes Aquifer, Salinas Valley Aquitard, and 180-foot Aquifer. Furthermore, the information obtained from this temporary test well Project will be utilized in the design and permitting of a separate potential future desalination project – the Monterey Peninsula Water Supply Project (MPWSP). The MPWSP is being processed separately by the California Public Utilities Commission. The temporary slant test well is functionally independent from and could not be used for the MPWSP without substantial additional infrastructure and associated CEQA, NEPA and regulatory permitting compliance.”
STATUS:  The City of Marina is currently at the Initial Study stage of the environmental review process.

RELATED NEWS ARTICLE:

Potential test well delay for the Monterey Peninsulawater supply project

December consideration is 'worst case scenario'

By JIM JOHNSON Herald Staff Writer, 07/15/2013

Excerpt Highlight:

Cal Am has already been forced to revise its test well application to avoid construction impacts to the protected species, and just finished submitting amended applications to the city of Marina, the Coastal Commission and other regulatory agencies earlier this month.

CalAm Temporary Slant Test Well Project, Application July 2, 2013 City of Marina 

July 2, 2013

City of Marina

Subject: Application Package for the Temporary Slant Test Well Project, Marina, CA

RBF Consulting (RBF), California American Water (CalAm)