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.; r APPLICATION - APPEAL OF STAFF ACTION SAN JOAQUIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Musco Olive Products, Inc. 17950 Via Nicolo Tracy, CA 95376 (209) 836-4600 BASIS FOR APPEAL File Number: Action being appealed: Requirement for Use Permit for Irrigation Pond. As required by Regional Water Quality Control Board, Musco Olive Products is proposing to construct an approximately 12 acre water storage pond to contain reclaimed irrigation water during 100 year return rainfall seasons. Staff finds that the storage pond is an integral part of the canneryoperation and therefore requires a use permit. Musco Olive wishes to appeal this finding based on the following facts: 1. The water storage pond is located in a General Agriculture zone. Such use is specifically allowed in Table 9-605.3 of the Ordinance Code of San Joaquin County. No distinction is made in the ordinance as to the source of the irrigation water. 2. Environmental Impact Report EIR-82-41Z-82-45, page 1, discussed the plan to construct 60 acres of ponds and to irrigate 40 acres of land with reclaimed process water. Only 8.9 acres of ponds have been constructed. This project is within the scope of the original EIR. 3. On May 16, 1996, the Regional Water Quality Control Board sent to the San Joaquin County Planning Department a Notice of Intent to issue a Negative Declaration for the land application of wastewater to 200 acres of onsite property, finding that the overall impact of the project will be beneficial in that it will provide an alternative discharge for wastewater. This project serves to correct an engineering deficiency in water storage facilities from that land application expansion. The Community Development Department allowed 200 acres of piping to be installed for the purpose of distributing the same reclaimed irrigation water to be placed in the storage facility. It is not logical at this point to decide that to set aside 12 acres of the 200 for water storage will create an impact that warrants a Use Permit. 4. California Water Code Section 469 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'. 5. 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. 6. 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. I f