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Response to Appeal Statement No.3 As a matter of policy, the Community Development Department has not considered the cropland that is irrigated with processed water to be part of a project, partly because the irrigation of crops does not substantially disturb the land. (This policy does not apply to treated waste water, such as tertiary treated sewage. Cropland irrigated with treated wastewater would be considered part of the project area.) The excavation of ponds does substantially disturb the land. Appeal Statement No.4 In his appeal, the applicant states: California Water Code Section 461 states"It is hereby declared that the primary interest of the people of the state in the conservation of all available water resources requires the maximum reuse of reclaimed water in the satisfaction of requirements for beneficial uses of water." Response to Appeal Statement No.4 E The question before the Planning Commission is not whether or not the ponds should be approved but by what method of review. Appeal Statement No.S In his appeal,the applicant states: The construction of this water storage facility is an enforcement action by a regulatory agency and is exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15321(a)(2),Title 14, California Code of Regulations. The Ordinance Code of San Joaquin County,Title 9, Section 105.4,cites as authority the California ' Environmental Quality Act. RWQCB has declared the construction of this irrigation pond to be an enforcement action and exempt from the provisions of CEQA pursuant to Section 15321(a)(2),Title 14 of the California Code of Regulation. Because the irrigation pond construction is exempt from i CEQA, it is also exempt from statutes or ordinanceswhose authority is based on CEQA. Response to Appeal Statement No.5 Development Title Section 105.4 cites various authorities including Local Ordinances and Regulation, ' California Constitution,Article XI, Section 7, and Planning and Land Use, California Government Code Title 7. It is pursuant to these authorities that the Development Title requires a Use Permit for the proposed pond. The proper CEQA review will be determined after the Use Permit is submitted. Appeal Statement No.6 I In his appeal,the applicant states: Pursuant to Section 15050(c),the determination of the lead agency to issue a Negative Declaration shall be final for all persons, including responsible agencies. This project is covered by the 1996 Negative Declaration issued by the Regional Water Quality Control Board. San Joaquin County UP-99-161Musco Olive Community Development Page 5