MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT CONDITIONS OF
APPROVAL FOR
CONSIDERATION OF
APPLICATION TO AMEND CHUGACH WELL #2 WATER DISTRIBUTION SYSTEM
(APPLICATION
#20011012CHU)
MPWMD Permit #M03-02
Permittee: Chugach & Company,
A General Partnership
Adopted by MPWMD Board of Directors on
August ___ , 2003
1. The service area of the Chugach Well #2
Water Distribution System (WDS) is hereby defined by the Monterey Peninsula
Water Management District (MPWMD or District) as Assessor’s Parcel Number
189-111-024 and is proposed to serve “Parcel B” and “Parcel C” pending approval by Monterey County; the proposed service
area associated with this permit is shown in Attachment 1.
2. The Permittee is authorized under this permit to provide water for domestic (potable) and sub-potable uses, including landscape irrigation, livestock and other rural residential uses as allowed by the Monterey County Health Department and the Monterey County Planning Commission (or other County entity with land use authority) in the service area identified in Condition No. 1.
3. The system capacity (production) limit
for the Chugach Well #2 WDS is hereby set at 4.4 acre-feet production per
year. The expansion capacity (connection) limit is set at four connections
in order to serve uses allowed by Monterey County zoning regulations and
permitted by County authorities on the subject parcel(s). The water shall be produced only from Well #2
as shown in Attachment 1. No municipal unit (jurisdiction)
allocation is associated with this permit.
Mandatory Conditions of Approval (MPWMD
Rule 22-D)
4. The Permittee
shall obtain and provide a copy to MPWMD of a Water System Permit for the
Chugach Well #2 WDS issued by the Monterey County Health Department before this
MPWMD permit is valid. The Permittee shall comply with all required approvals from
Monterey County prior to use or enjoyment of this permit.
5. The
amended system shall not become operational to serve the two proposed parcels until an emergency
water plan/system design is approved by the County of Monterey and/or local
Fire Department.
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 Chugach Well #2 WDS.
7. The Permittee
shall comply with District rules relating to water well registration, and
annual reporting of water production within the Chugach Well #2 WDS (Rules 52
and 54).
8. All production wells within the Chugach
Well #2 WDS shall report production by the Water Meter Method (Rule 56).
9. The Permittee
shall comply with all District water conservation rules and regulations. All development shall comply with MPWMD and
Monterey County landscaping requirements for outdoor areas and other open
spaces.
10. Any intensification or expansion of the
water distribution system shall require a new application and permit for
structures within the system
(MPWMD Rules 23 and 24).
11. No new water meter connections to the
Chugach Well #2 WDS 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.
Connection charges shall be calculated based on water demand estimates
using the District’s water demand methodology at the time of the application.
12. Any
new facilities, expansion of service area boundaries, increase in the
production or connection limits set in Condition No. 3, or other changes described in MPWMD Rule
22-E shall require a permit to amend the Chugach Well #2 WDS (MPWMD Rules 23
and 24).
13. No interties to
the California-American Water Company are allowed at any time. The system may intertie
to the “Chugach Well #1" or the “Original Well” or receive trucked in
water in an emergency, system failure or similar short-term critical
event. Use of trucked-in water shall be
guided by District regulations addressing use of mobile water distribution
systems.
14. Once ownership of either Parcel B or
Parcel C (see Attachment 1) is changed to an entity other than
the Permittee, a copy of agreement(s) specifying
responsibility for water service, system maintenance, monitoring and reporting
must be provided to the District within 30 days of execution of the
agreement(s). A copy of the agreement to
serve recipient parcels shall be provided to MPWMD before this Permit is valid
(a sample agreement is acceptable). The Permittee
shall provide timely notice of any change to the system owner/operator or name
of the system to ensure accurate records.
15. 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 12, 2001 application date. The applicant is not charged for the first 20
hours of staff time. The applicant will
be provided documentation to support the invoiced amount. This permit is not
valid until payment for the invoiced amount is received by MPWMD.
16. Upon finalization of these conditions, the
applicant shall sign a form titled, “Acceptance of Permit Conditions for
Creation of Chugach Well #2 WDS.” By
signing the form, the applicant 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.
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 applicant does not fully comply with the provisions set
forth in each and every condition set forth in this document.
19. Upon notice to the Permittee
in writing or by telephone, the Permittee shall allow
reasonable access to Chugach Well #2 WDS property by MPWMD to
inspect water production facilities, water measuring devices, or
take readings from water measuring devices.
20. Nothing in this Permit shall be construed to grant or confirm any water right.
21. Pursuant
to MPWMD Rule 11 and Rule 20-C, a permit is not required to reactivate,
refurbish or replace Well #2 due to damage or other factors impeding the
ability of the well to perform adequately so long as the replacement system
complies with the conditions enumerated herein.
It is acknowledged that additional non-well structural components such
as irrigation pipelines, storage tanks and other facilities will be constructed
to meet Monterey County fire requirements and other system needs.
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HENRI 8/20/03 FIRST DRAFT