EXHIBIT 20-F
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
CONSIDERATION
OF APPLICATION TO AMEND
(Application
#20021031CAN)
Applicant: Carmel Development
Company
Adopted by MPWMD Board of Directors
on _____, 2003
Pursuant to MPWMD Rule 22-D
Mandatory Conditions of Approval (MPWMD
Rule 22-D)
1. The
service area of the Cañada Woods Water Distribution System (CWWDS) is hereby
defined as Assessor’s Parcel Numbers (APN) 169-221-017 through 169-221-025,
169-011-004, 169-011-005, as well as APN 169-011-011 and 169-011-017 (Cañada
Woods East), as shown in Attachment
1.
2. The Permittee is authorized by the
Monterey Peninsula Water Management District (MPWMD) under Permit #M03-01 to
provide water for domestic (potable) and sub-potable uses, including
residential, commercial, agricultural, and landscape use, in the CWWDS service
area identified in Condition #1.
3. A Domestic Water Supply Permit issued to the Cañada Woods Water Company by the Monterey County Health Department for the potable water system proposed to serve the CWWDS service area shall be obtained and a copy provided to MPWMD before this amendment to the CWWDS permit is finalized or vested.
4. Evidence of approval by the Monterey County Health Department and the State Water Resources Control Board (SWRCB) of the proposed intertie with the Monterra Ranch Mutual Water Company potable water system, including storage tanks and a “two-way dual metering” system to assure that the quantity of water extractions from the alluvial aquifer approved by State Water Resources Control Board (SWRCB) remains in the Carmel River watershed, shall be provided to MPWMD before this amendment to the CWWDS permit is finalized or vested.
5. The
system capacity (production) limit for the CWWDS from wells extracting water
from the Carmel Valley alluvial aquifer beginning in Water Year 2003-2004
(October 1, 2003 through September 30, 2004) is 118.44 acre-feet production
per year. This limit is subject to
change pursuant to conditions set by
the State Water Resources Control Board in Permits 20831 and 20832, as amended
May 2, 2003. The expansion capacity (connection) limit for the CWWDS
remains at 150 connections as constrained by Condition #6 of the Amended
Conditions of Approval for CWWDS Permit dated May 15, 1995 (Attachment 2). No municipal unit (jurisdiction) allocation
is associated with this permit.
6. The Permittee shall execute an indemnification agreement that holds the District harmless and promises to defend the District from any claims, demands, or expenses of any nature or kind arising from or in any way related to the adequacy of the water supply for the CWWDS. This indemnification agreement must be executed before this amendment to the CWWDS permit is finalized or vested.
7. The Permittee shall comply with District
Rules and Regulations relating to water well registration, metering and annual
reporting of production in addition to the specific reporting requirements
described in Special Condition #21 of this permit.
8. All production wells within the CWWDS
service area shall report production by the Water Meter Method (Rule 56).
9. The Permittee shall comply with all
pertinent District water conservation ordinances. For residential use, the District requires
that each unit install water closets with a capacity of 1.6 gallons or less,
and shower heads with a maximum flow rate of 2.5 gallons per minute for new
construction and remodels. In addition,
all new construction shall install on-demand hot-water systems, drought
resistant landscapes, and drip irrigation where appropriate. Water use for agricultural, open space, and
landscaping purposes shall be conducted in accordance with Condition #11 of the
Amended Conditions of Approval for the CWWDS permit dated May 15, 1995 (Attachment 2).
10. No new water meter connections within the
CWWDS service area may be set until a water connection permit has been secured
from the District for each connection in accordance with MPWMD regulations governing
issuance of water connection permits, including payment of applicable
fees. Connection charges shall be
calculated based on water demand estimates using the District’s water demand
methodology at the time of the application.
11. Any
intensification or expansion within the CWWDS (new system facilities, source of
supply, expansion of service area boundaries, changed conditions regarding
water service by other entities, increase in the production or connection
limits set in Condition #5, or other changes described in MPWMD Rule 22-E)
shall require an amendment to the CWWDS permit.
12. The
property served by the CWWDS may not be served by any other system, except in a
fire or other short-term emergency, except as noted below, without amendment of
this permit. California-American Water Company (Cal-Am) service is currently
provided for a limited number of residential and commercial connections that
pre-existed creation of the CWWDS in 1995.
Additional Cal-Am service may only be provided in a fire emergency in
areas of the service area that are within the Cal-Am service area. No permanent intertie to any other system
shall be allowed, with the exception of the storage and metering facilities
proposed to be shared with the Monterra Ranch Mutual Water Company potable
water system. As specified in Condition
#4, use of this proposed intertie is contingent upon approval of the Monterey
County Health Department and the State Water Resources Control Board. The CWWDS may temporarily intertie to other
nearby non-Cal-Am systems or receive trucked-in water in a non-fire emergency,
system failure or similar short-term critical event. Use of trucked-in water shall be governed by
MPWMD Rule 173.
13. Upon
Board approval of this permit, the Permittee shall pay to the District the
invoiced cost for MPWMD staff time spent to process the permit subsequent to
the October 31, 2002 application date.
The Permittee is not charged for the first 20 hours of staff time. The Permittee will be provided documentation
to support the invoiced amount. This permit is not valid until payment for the
invoiced amount is received by MPWMD.
14. Upon finalization of these conditions, the
Permittee shall sign a form titled “Acceptance of Permit Conditions for
Amendment of CWWDS Permit.” By signing
the form, the Permittee acknowledges that he/she understands and accepts these
conditions as a binding part of the permit approval, and agrees to carry them
out faithfully. This permit is not valid until the signed acceptance form has
been received by MPWMD.
15. Copies of existing agreement(s) to serve
water to recipient parcels shall be provided to MPWMD before this permit is
finalized (a sample agreement is acceptable).
16. Construction
tasks for facilities authorized by this water distribution system permit shall
be initiated within one year from the date the amended permit is issued. The permit shall expire if no action is taken
within that year. Permitted construction
tasks shall be completed and water distribution system operation shall commence
within two years from the date the amended permit is issued. The Permittee may apply in writing to the
General Manager for a 180-day extension to the project initiation deadline
and/or the system operations commencement deadline, to be approved at the
discretion of the General Manager.
17. The
permit granted herein is subject to revocation in the event the Permittee does
not fully comply with each condition set forth in this document.
18. Within
the CWWDS, water from the Carmel Valley alluvial aquifer is produced from four
wells. The well known as River Well #2,
located in APN 169-221-017, is added as a source of water for the CWWDS. River Well #2 is intended as a back-up to
River Well #1, as sources of water for the potable water system. West Well (also known as Dog Leg Well) and
Field Well are existing sources of sub-potable water for agricultural,
construction, and landscaping uses. A
fifth well, Willow Well, shall be taken out of service and be used as an
monitoring well only.
19. On or before August 29, 2003, the Permittee shall file with MPWMD one or more complete applications for new or amended water distribution system permits to authorize existing and proposed production and use of sub-potable water from non-alluvial wells and the use of reclaimed water within the service area of the CWWDS and the Monterra Ranch Mutual Water Company Water Distribution System. These applications shall specify the sources, including non-alluvial wells and treated wastewater, production quantity, and purpose and location of use for each source and category of use. If this condition is not met, the permit granted herein is subject to revocation.
20. MPWMD shall not increase the number of residential connections allowed by this permit (a maximum of 60 residential connections-- 45 single family units and 15 apartment units), until the Permittee has filed an application deemed complete by MPWMD to amend the CWWDS permit and the Monterra Ranch Mutual Water Company Water Distribution System permit by combining the potable water systems into a single permit. The Permittee is encouraged to combine all water production sources and use categories in such single permit
21. Reporting requirements for the CWWDS are as follows:
a. The Permittee shall install and maintain
water meters on each well or other water production facility within the
CWWDS. Monthly production records shall
be kept for each production facility.
These records shall be submitted monthly to MPWMD, and a summary of
these records shall be submitted as part of the annual Water Distribution
System Report required pursuant to Condition #7 of this permit.
b.
The
Permittee shall implement a comprehensive water production, delivery, and hydrogeologic
monitoring program. This program shall
require the submittal of an Annual Water Monitoring Program Report. Each monitoring program report shall cover
the reporting year from October 1 through September 30 and shall be submitted
to MPWMD not later than December 31 following the end of the reporting
year. The first report shall be due not
later than December 31, 2003, regardless of the actual development status of
the project. This report, at a minimum,
shall include the reporting of, and the analysis and interpretation of,
monitoring data described in Conditions #22c through 22i of this permit.
c.
This report
shall include the status of development within the CWWDS service area, analysis
of water consumption by individual lots and for each type of use, and updated
projections of future water usage within the CWWDS service area. This report shall also include an updated
determination of the production capacity of the CWWDS facilities.
d.
A
system-wide leak detection inspection of the CWWDS facilities shall be
conducted annually, and identified leaks shall be repaired with the goal of
maintaining production system losses (unaccounted water use) at seven (7)
percent or less of annual production.
This condition shall be subject to annual review by the MPWMD General
Manager.
e.
The
Permittee shall measure water levels a minimum of once a month in each active
production and monitoring well. For each
inactive production and monitoring well, water levels shall be measured a
minimum of twice annually, and the times of measurement shall include the
anticipated annual high and low water levels at each site. These data shall be transmitted annually to
the MPWMD as part of the Annual Water Monitoring Program Report. Active wells shall not be pumped for 24 hours
prior to water level measurement. The
reference elevation of the measuring point at each well shall be surveyed and
reported to MPWMD.
f.
The
Permittee shall record monthly metered sales for each water user in the
CWWDS. These data shall be transmitted
annually to the MPWMD as part of the Annual Water Monitoring Program Report.
g.
Each
Annual Water Monitoring Program Report will be subject to review and
approval by the District Board.
h.
If
information contained in the Annual Water Monitoring Program Report
indicates the occurrence of adverse impacts in the form of reduction in well
yields, degradation of water quality, or substantial declines in water levels,
additional conservation measures shall be undertaken in the form of more
stringent water conservation, water reclamation, and recycling for sub-potable
uses.
i.
The
Permittee shall provide to MPWMD copies of all reports required by the State
Water Resources Control Board pursuant to SWRCB Permits 20831 and 20832,
including the annual “Progress Report by Permittee” for each permit.
j.
The
Permittee shall annually pay to the MPWMD, by December 31 of each year, the sum
of one thousand dollars ($1,000) to partially defray the cost associated with
MPWMD’s the review of documentation provided by the Permittee. The first payment will become due on December
31, 2003, regardless of the actual development status of the project.
22. The
Permittee shall irrigate and maintain vegetation within the Carmel River riparian
corridor on Permittee’s property in a satisfactory condition.
23. Upon notice to the Permittee or its
designated representative in writing or by telephone, the Permittee shall allow
reasonable access to MPWMD or its designated representative to inspect water
measuring devices, take readings from water measuring devices, and inspect the
condition of vegetation within the portion of the Carmel River riparian
corridor on Permittee’s property.
24. Nothing in this permit (WDS Permit #M03-01) shall be construed to grant or confirm any water right.
25. The Permittee shall provide timely notice to MPWMD of any request, petition, application, amendment, motion and/or advice letter affecting the CWWDS and/or the Monterra Ranch Mutual Water Company WDS and/or the California-American Water Company WDS the Permittee may submit to Monterey County, the Monterey County Health Department, the State Water Resources Control Board, the Regional Water Control Board, and/or the California Public Utilities Commission.
26. Except as changed by Conditions #1 through
25 above, all of the Amended Conditions of Approval for the CWWDS permit dated
May 15, 2003 1995 (Attachment 2)
remain in effect.
Attachment 1. Map of Cañada
Woods Water Distribution System Service Area
Attachment
2. Amended Conditions of Approval for the
Cañada Woods Water Distribution System Permit dated May 15, 1995
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