EXHIBIT 14-D
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT
CONDITIONS OF APPROVAL TO
CREATE THE DUNNION WATER DISTRIBUTION SYSTEM
APN: 013-321-010
MPWMD Permit #S09-08-L4
Permitted System: Dunnion Water Distribution System
Permittee: TED Limited Partnership-A, dated September 16,
1989
Adopted by MPWMD Board of Directors on
May __, 2009
Pursuant to Rule 22-D
1. The Dunnion Water Distribution System (Permitted
System) is authorized by the Monterey Peninsula Water Management District
(MPWMD or District) under Permit #S09-08-L4
for water service to a commercial property at
2. The
Permittee is authorized by MPWMD under this Permit to provide potable water for
a commercial office building as well as landscape irrigation, in compliance
with the City of
3. The
system capacity limit (“water production limit”) for the Permitted System is
hereby set at 2.2 acre-feet per year, which may be produced from a well located
on the parcel identified in Finding #1. The expansion capacity limit for this permit
is 19 connections, comprised of up to 18
connections for separate offices, and one landscape irrigation meter. No municipal unit (jurisdictional) allocation
is associated with this permit. [Rule
22-D-1]
4. The
source of water for the Permitted System is one existing well (California Well
Completion Report #e018489) located on the parcel identified in Finding #1 in
the approximate location shown in Attachment 1. The well extracts water from non-alluvial fractured
bedrock in the “Miscellaneous formations” area.
[Rule 22-C-3]
Additional
Mandatory Conditions of Approval (Required by MPWMD Rules)
5. Given that the Permitted System serves
multiple commercial tenants, approval by the Monterey County Health Department
is required before this Permit is vested. [Rule 22-D-1-c] Precedent
to use of this Permit, Permittee shall first obtain and comply with any
required approval from the local jurisdiction in which the property is located,
as applicable. [Rule 22-D-3]
6. Permittee shall execute an
Indemnification Agreement, provided as Attachment
2, which 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 District approval of the Permitted System or
the adequacy of the system water supply.
This Permit is not valid until the Indemnification Agreement is signed
both by Permittee and MPWMD. The
Indemnification Agreement must be signed within 60 days of the date of approval
shown (see top of page 1) for this Permit to remain valid. [Rule 22-D-1-d]
7. Permittee shall comply with District
rules relating to water well registration, metering and annual reporting of
production (MPWMD Rules 52 and 54). [Rule 22-D-1-e; Rule 22-D-2]
8. The Permitted System shall report
production by the Water Meter Method (MPWMD Rule 56) for the well designated in
Condition #4. [Rule 22-D-1-e; Rule
22-D-2]
9. Permittee shall comply with all MPWMD
water conservation ordinances that pertain to commercial and landscape use as
well as non-potable use. Current ordinances specify maximum water use rates for
fixtures and require new development to install drought-resistant landscapes,
and drip irrigation, where appropriate.
Contact with the District Permit and Conservation Office is recommended
during project planning. [Rule 22-D-1-f]
10. No new water meter connections to the Permitted System may 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. Connection charges shall be calculated based on water demand estimates using the District’s water demand methodology at the time of the application. [Rule 22-D-1-g]
11. Any intensification or expansion within
the Permitted System shall require a new application and permit pursuant to
MPWMD Rules 23 and 24. [Rule 22-D-1-k]
12. Any new facilities, expansion of service
area boundaries, changed conditions regarding water service by or to other entities
(including Mobile Water Distribution Systems), increase in the production or
connection limits set in Condition #3, or other changes described in MPWMD Rule
22-E shall require a permit to amend the Permitted System. [Rule 22-E]
13. No
permanent intertie between the Permitted System and any other system shall be
allowed. A building on the subject parcel has received California American
Water (CAW) service to date. With the
completion of the new office building, CAW service for potable supply to the
existing and new office buildings shall be disconnected, and shall remain
disconnected at all times, even if the Permitted System fails. The Permitted System may receive trucked-in
water in a non-fire emergency, system failure or similar short-term critical
event. Use of trucked-in water shall be
guided by MPWMD Rule 173. CAW water may
only be used to supplement landscape irrigation on the parcel and for emergency
fire use. A CAW standby meter may be set
only for emergency fire suppression (i.e., ceiling fire sprinklers in
building). [Rule 22-D-1-h]
14. A
back-flow protection device to prevent contamination of the CAW system is required
as the subject parcel is in the CAW service area. [Rule 22-D-1-h]
15. Because the Permitted System provides water
to multiple commercial tenants, compliance with California Title 22 drinking
water standards is required, as administered by the Monterey County Health
Department (MCHD). Water quality test
results submitted with the application indicated that the well water met primary
drinking water standards but did not meet the secondary drinking water standards
for odor, specific conductance, and total dissolved solids. Consultation with MCHD regarding treatment
options is advised as part of the MCHD permit approval process. The District
shall not approve any permit for a new or intensified connection to the CAW
system if the Permitted System fails to deliver adequate water quality or
quantity to the parcel, unless there is full compliance with State Water Resources
Control Board (SWRCB) Order WR 95-10, and an allocation of water is available
to the parcel. [Rule 22-C-2]
16. Permittee is not required to carry out a
specific mitigation measure to offset adverse environmental impacts, based on site-specific
hydrogeologic analyses and the CEQA Notice of Determination that was filed by
the City of
17. Permittee is not required to provide a
copy of agreement to serve water to recipient parcel because the Permitted System
is a single-parcel connection system. [Rule 22-D-1-j]
18. Upon District approval of this permit,
Permittee shall pay to the District the invoiced cost for MPWMD staff, attorney
and consultant time spent to process the permit subsequent to the application
date, if required. The applicant is not
charged for the first 40 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. The
payment must be received within 60 days of the date of approval (see top of
page 1) for this Permit to remain valid.
[Rule 22-D-1-l]
19. Upon finalization of these conditions,
the Permittee shall sign (and notarize) a form regarding acceptance of permit conditions
for the approval of the Permitted System. By signing the form, Permittee acknowledges
that he/she understands and accepts these conditions as a binding part of this
Permit approval, and agrees to carry them out faithfully. The Acceptance Form must be received within 60
days of the date of approval (see top of page 1) for this Permit to remain
valid. [Rule 22-D-1-m]
20. Permittee shall disclose to any future
owner, successors and assigns of the property described in Condition #1 the
requirements for the Permitted System associated with this Permit. Permittee
shall advise MPWMD in a timely manner of any changes in system ownership,
system name or other substantive changes to the system to facilitate accurate
record-keeping. [Rule 22-D-2]
21. 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. Permittee may apply in writing
to the MPWMD General Manager for a 180-day extension to the project initiation
deadline and/or the system operation deadline, to be approved at the discretion
of the General Manager. [Rule 22-D-4]
22.
Permittee
shall execute a Deed Restriction prepared by MPWMD regarding the limitation on
water use as set forth in these conditions.
Permittee shall pay all fees associated with preparation, review and
recording of the Deed Restriction. The
Deed Restriction must be signed and notarized by the Permittee and accepted by
the Monterey County Recorder for processing before a signed WDS permit from
MPWMD is transmitted to the Permittee. [Rule
22-D-1-n]
23. The permit granted herein is subject to
revocation in the event applicant does not fully comply with each and every
condition set forth in this Permit #S09-08-L4. [Rule 22-D-1-o]
Other
Conditions of Approval
24. Nothing in this Permit shall be construed
to grant or confirm any water right.
25. This Permit does not authorize any act
that results in the taking of a threatened or endangered species or any act
which is now prohibited, or becomes prohibited in the future, under either the
California Endangered Species Act (Fish and Game Code Sections 2050 to 2097) or
the federal Endangered Species Act (16 U.S.C.A. Sections 1531 to 1544). If a “take” will result from any act
authorized under this permit, the Permittee shall obtain authorization for an
incidental take prior to construction or operation of the project. Permittee shall be responsible for meeting
all requirements of the applicable Endangered Species Act for the project
authorized under this Permit.
ATTACHMENT 1 – Figure of service
area for Permitted System
ATTACHMENT 2 – Indemnification
Agreement
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