EXHIBIT 17-C
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
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(the original Cañada Woods subdivision area,
approximately 550 acres), as well as APN 169-011-011 and 169-011-017 (Cañada
Woods East, approximately 397 acres), as shown in Attachment 1.
2. The Permittee is authorized by the Monterey Peninsula Water Management District (MPWMD) under this Permit 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. 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, or as changed by the State Water Resources Control Board (SWRCB)
pursuant to Condition 5 of SWRCB 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 3). No municipal unit (jurisdiction) allocation
is associated with this Permit.
4. Within
the CWWDS, water from the Carmel Valley alluvial aquifer shall be produced from
no more than four wells.
The well known as River Well #2 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. Willow Well shall be taken out of service
within 90 days of issuance of this Permit and shall be used as a
monitoring well only. Locations of these
wells are shown on Attachment 2.
Mandatory Conditions of Approval (MPWMD
Rule 22-D)
5. 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 Permit is valid.
6. Evidence of approval by 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 the SWRCB remains in the Carmel River watershed, shall be provided to MPWMD before this Permit is valid.
7. The Permittee shall execute an indemnification agreement that holds MPWMD harmless and promises to defend MPWMD 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 Permit is valid.
8. The Permittee shall comply with MPWMD
Rules and Regulations relating to water well registration, metering and annual
reporting of production in addition to the specific reporting requirements
described in Condition #21 of this Permit.
9. All production wells within the CWWDS
service area shall report production by the Water Meter Method (MPWMD Rule
56).
10. The Permittee shall comply with all
pertinent MPWMD water conservation rules and regulations. All development shall comply with all
Monterey County and MPWMD landscaping requirements for outdoor areas and other
open spaces, including golf courses. All
water use for agricultural, open space, and landscaping purposes shall be in
accordance with Condition #11 of the Amended Conditions of Approval for the
CWWDS Permit dated May 15, 1995 (Attachment
3). The Permittee is advised
that MPWMD shall not issue an expansion/extension permit that allows the use of
potable water for green-belt irrigation when an alternate sub-potable water
source is reasonably available (MPWMD Rules 23 and 24).
11. No new water meters within the CWWDS
service area shall be set until a water connection permit has been secured from
MPWMD for each connection in accordance with MPWMD regulations
governing issuance of water connection permits, including payment of applicable
fees. Any modification to a permitted
use shall require prior review and approval by
MPWMD, either by waiver or permit. Connection charges shall be
calculated based on water demand estimates using MPWMD’s water demand
methodology.
12. 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 3, or other
changes described in MPWMD Rule 22-E) shall first require approval of an
amendment to this Permit.
13. 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 prior approval of an amendment to this Permit.
California-American Water Company (Cal-Am) service is currently provided for
two connections that pre-existed creation of the CWWDS in
1995. Additional Cal-Am service shall
be provided only in a fire emergency in areas of the CWWDS 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 described in
Condition #6 of this Permit. Use of this
proposed intertie is contingent upon approval of 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 Rules.
14. Upon MPWMD Board approval of
this Permit, the Permittee shall pay to MPWMD the invoiced cost for MPWMD staff
time spent to process this 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.
15. The Permittee shall sign a form titled
“Acceptance of Permit Conditions for Amendment of CWWDS Permit #M03-01.” 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.
16. A copy of a CWWDS agreement
to serve water to recipient parcels shall be provided to MPWMD before this
Permit is valid (a sample agreement is acceptable).
17. Construction
tasks for facilities authorized by this Permit shall be initiated within one
year from the date this Permit is issued. This 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 this Permit is
issued. The Permittee may apply in
writing to the MPWMD 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 upon a
finding of due diligence by the Permittee to complete construction and commence
operation of the system.
18. The
Permit granted herein is subject to revocation in the event the Permittee does
not fully comply with each and every condition set forth in this
document.
19. On or before September 30, 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 shall be revoked.
20. MPWMD shall not consider any change to 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.
21. Reporting
requirements for the CWWDS are as follows:
a. The Permittee shall install and maintain water
meters on each and every well and each and every 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 #8 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 #21c through 21i of this Permit. A qualified consultant, acceptable to the
MPWMD General Manager, shall prepare the report at the applicant’s
expense. A qualified consultant includes
a registered geologist, a certified hydrogeologist, or a certified engineering
geologist. A qualified consultant does
not include a registered civil engineer or a hydrologist.
c. The Annual Water Monitoring Program
Report shall include the detailed status of development
within the CWWDS service area, analysis of water consumption by individual
lots, for each type of use, both individually and cumulatively, 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. The Permittee shall annually conduct a
system-wide leak detection inspection of the CWWDS facilities, and the
Permittee shall repair identified leaks 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 well and monitoring well. For each inactive production well 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 MPWMD 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, the Permittee shall undertake additional
conservation measures in the form of more stringent water conservation, water
reclamation, and recycling for sub-potable uses, with the goal of eliminating
adverse impacts.
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, within one
month following submittal to the SWRCB.
j.
The
Permittee shall annually pay to MPWMD, by December 31 of each year, the sum of
one thousand four hundred dollars ($1,400.00) as a fee for up to twenty (20)
hours of cumulative MPWMD staff time associated with MPWMD’s review of
documentation provided by the Permittee and enforcement of the permit
conditions. In any given year, if the
cumulative MPWMD staff time required for review of documentation provided by
the Permittee and enforcement of the permit conditions exceeds twenty (20)
hours, the Permittee shall be charged at the rate of $70 per hour for each
additional hour of MPWMD staff time required.
The first payment shall 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. In accordance with SWRCB Permit 20831, water
used for the maintenance of riparian revegetation shall be separately metered,
and the permit’s interim diversion (production) limit of 118.44 acre-feet per
year shall be increased by the amount annually used for this purpose, “…but
shall not exceed the maximum diversion amount identified in the permit”
(Condition 8.5 of SWRCB Permit 20831).
23. Upon notice to the Permittee or its
designated representative in writing or by telephone, the Permittee shall allow
reasonable access to CWWDS property by MPWMD or its designated
representative to inspect water production facilities, 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 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 that the Permittee submits 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. The Permittee shall provide timely notice to MPWMD of any change to CWWDS ownership and any changes to the names of CWWDS facilities.
27. Except as changed by this Permit, all of
the Amended Conditions of Approval for the CWWDS Permit dated May 15, 1995 (Attachment 3) remain in effect.
Attachment 1. Map of Cañada
Woods Water Distribution System Service Area
Attachment
2. Location Map, Wells in Carmel Valley
Alluvial Aquifer, Cañada Woods Water Distribution System
Attachment 3. Amended
Conditions of Approval for the Cañada Woods Water Distribution System Permit
dated May 15, 1995
U:\staff\word\boardpacket\2003\2003boardpacket\20030721\PublicHearings\17\item17_exh17c.doc
Revised
07/10/03 per FF review