FEDERAL AGENCIES

U.S. Environmental Protection Agency (EPA)

Underground Injection Control Program (Part C, Safe Drinking Water Act [SDWA])

·       Operation of Injection Well (Class V)  (HDD options only)

Monterey Bay National Marine Sanctuary (MBNMS)

Review and coordination of all RWQCB 404, Section 10, and NPDES permits

·       Activities/discharges into waters and wetlands

U.S. Fish and Wildlife Service (USFWS)

Endangered Species Act compliance (ESA Section 7 consultation)

·        Incidental take of federally listed species.

Fish and Wildlife Coordination Act (16 U.S.C. 661-667e; the Act of March 10, 1934; ch. 55; 48 stat. 401)

·        Provide comments to prevent loss of and damage to wildlife resources.

National Oceanic & Atmospheric Administration (NOAA) – Fisheries

Endangered Species Act compliance (ESA Section 7 consultation)

·       Incidental take of federally listed species.

Fort Ord Reuse Authority/Army (FORA)

Coordination with FORA for Right of Entry (FOST/FOSL)

·        Activities on former Fort Ord lands (areas to be transferred to City of Seaside at future date & likely after Project requires approval from local jurisdictions)

Army Corps of Engineers (Corps)

Nationwide Section 404 Permit (CWA, 33 USC 1341)

·        Discharge of dredge/fill into Waters of the United States, including wetlands (Salinas River Crossing)

Section 10, Rivers and Harbors Act Permit (33 U.S.C. 403)

·        Activities, including the placement of structures, affecting navigable waters (Salinas River Crossing)

U.S. Coast Guard

Federal Consultation

·        Coastal Commission CDP and ACOE Section 10 Permit

STATE AGENCIES

California Public Utilities Commission

Certificate of Public Convenience and Necessity (PUC Article 1)

·        Overall Project approval and CEQA review.

State Water Resources Control Board, Division of Water Rights

Permit

Diversion Carmel River for ASR

SWRCB Order 95-10

Compliance

State Water Resources Control Board, Regional Water Quality Control Board

General Construction Activity Storm Water Permit (WQO 99-08-DWQ)

·        Storm water discharges associated with construction activity

Waste Discharge Requirements.  (Water Code 13000 et seq.)

·        Discharge of waste that might affect groundwater or surface water (non-point-source) quality (ASR settling basins)

401 Water Quality Certification (CWA Section 401)

·        Discharge into waters and wetlands (see USACE Section 404 Permit) (Salinas River Crossing)

National Pollutant Discharge Elimination System (NPDES) Permit (CWA Section 402)

·        Discharge into waters and wetlands (brine discharge)

California State Lands Commission

Right-of-Way Permit (Land Use Lease) (California Public Resource Code Section 1900)

Lease Amendment

·        Issuance of a grant of right-of-way across state lands (State Parks, for HDD Option only).

·        Modification of MLPP Outfall lease (brine discharge)

California Department of Fish and Game (CDFG)

Incidental Take Permits (CESA Title 14, Section 783.2)

·        Activity where a State-listed candidate, threatened, or endangered species under California ESA may be present in the project area and a State agency is acting as lead agency for CEQA compliance.

Lake/Streambed Alteration Agreement (California Fish and Game Code Section 1601)

·        Change in natural state of river, stream, lake (includes road or land construction across a natural streambed) (Salinas River Crossing)

California Coastal Commission (CCC)

Coastal Development Permit.  (Public Resources Code 30000 et seq.)

·        Development within the Coastal Zone, excluding areas where local jurisdictions have approved Local Coastal Plans in place.

California Energy Commission (CEC)

Amendment to 99-AFC-4

·        Projects that may impact CEC-permitted facilities (MLPP).

California Department of Parks and Recreation (CDPR)

Right-of-Way Permit (Public Resource Code Section 5012)

·        Access across State park property (HDD Option only).

California Department of Health Services (CDOHS)

Permit to Operate a Public Water System (California Health and Safety Code Section 116525)

·        Operation of a public water system.

California Department of Transportation (Caltrans)

Encroachment Permit (Streets and Highway Code Section 660)

·        Encroachments on State highway rights-of-way (Highway 156, Highway 68, Highway 1).

California State Historic Preservation Officer (SHPO)

Section 106 Consultation, National Historic Preservation Act  (16 USC 470)

·        Consult with project applicant, appropriate land management agencies, and others regarding activities potentially affecting cultural resources.

LOCAL AGENCIES

Monterey County Public Works Department

Encroachment Permit (Monterey County Code (MCC) Title 14 Chapter 14.040)

·        Activities within County right-of-way.

Monterey County Health Department,

     Environmental Health Division

Well Construction Permit (MCC, Title 15 Chapter 15.08, Water Wells)

·        Construction of new water supply wells.

Hazardous Materials Business Plan  (Health and Safety Code Chapter 6.95)

·        Handling of hazardous materials in quantities equal to or greater than threshold quantities

Hazardous Materials Inventory  (Health and Safety Code Chapter 6.95)

·        Handling of hazardous materials in quantities equal to or greater than threshold quantities

Permit to Construct Desalination Facility (MCC Chapter 10.72)

·        Construction of Desalination Facility

Monterey County Planning and Building Inspection Department

Use Permit (MCC Chapter 21.72 Title 21)

·        Activities whose use is conditional in a particular zone

Coastal Development Permit. (Public Resources Code 30000 et seq.)

·        Development within the Coastal Zone where County has jurisdiction through existing Local Coastal Plans

Grading Permit (M.C.C., Grading and Erosion Control Ordinance, Chapter 16.08 – 16.12)

·        Excavation and fill activities

Erosion Control Permit (MCC, Grading and Erosion Control Ordinance, Chapter 16.08 – 16.12)

·        Building, grading and land clearing

Monterey Peninsula Water Management District (MPWMD)

Water System Expansion Permit (MPWMD Board of Directors Ordinance 96)

·        Expansion of the MPWMD’s water delivery system.

Monterey Bay Unified Air Pollution Control District (MBUAPCD)

Authority To Construct.  (Local district rules, per Health and Safety Code 42300 et seq.)

·        Constructing, modifying, or operating a facility or equipment that might emit pollutants from a stationary source

Permit To Operate.  (Local district rules)

·        Operating equipment that might emit pollutants from a stationary source.

City of Monterey

Community Development Department

Grading Permit (City of Monterey Code, Chapter 32, Article 6)

·        Excavation and fill activities

City of Monterey
     Public Works Department

Encroachment Permit (City of Monterey Code Chapter 32, Article 3)

·        Activities within City rights-of-way.

City of Monterey, City of Seaside, City of Marina, Sand City, Del Rey Oaks,

Use Permits, encroachment/easement permits, grading permits and erosion control permits are issued pursuant to local city codes.

·        Construction activities that are located within specified City rights-of-way.

Local Water Agencies

Participation/purchase agreements

·        Regional Alternative only

Transportation Agency of Monterey County

Easement

·        A conveyance pipeline

Private Entities

Duke Energy of North America

Landowners (including railroad)

Power purchase agreement

Land lease/sale

Cooling water pipeline access

Utility relocation service

Easements and encroachment agreements

·        Desalination plant

·        Construction and operation

·        Facility construction