EXHIBIT 18-E
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT
CONDITIONS OF APPROVAL TO
AMEND
“RANCHO DEL ROBLEDO” WATER
DISTRIBUTION SYSTEM
APN: 197-151-003 through
-011, -016 and -017 (well lot)
MPWMD Permit #M09-24-L4
Permitted System:
Permittee: George S. Lockwood and Marcia M. Lockwood
Adopted by MPWMD Board on
___________, 2009 Pursuant
to Rule 22-D
Preparation Date: ___9/14/09________, 2009
RDRWDS
Parcel Summary
|
APN |
Acres |
WDS
Irrigation |
WDS
Domestic |
CAW
Domestic |
|
197-151-003 |
7.35 |
x |
|
|
|
197-151-004 |
1.02 |
x |
|
|
|
197-151-005 |
1.25 |
x |
|
x |
|
197-151-006 |
1.23 |
x |
|
x |
|
197-151-007 |
1.13 |
x |
|
x |
|
197-151-008 |
1.07 |
x |
|
x |
|
197-151-009 |
1.0 |
x |
|
x |
|
197-151-010 |
1.39 |
x |
x |
|
|
197-151-011 |
8.87 |
x |
x |
Active emergency meter |
|
197-151-016 |
2.0 |
New |
New |
Inactive “Standby” meter |
|
197-151-017 |
0.78 |
Well lot |
n/a |
n/a |
2. This
Permit authorizes the Permitted System to annex parcel 197-151-016 and provide domestic
water supply for a future residence and associated landscape irrigation as allowed
by the
3. The System Capacity (annual
production limit) for the Permitted System is hereby set at 14.07 acre-feet per year, which may be produced from the well lot identified
in Condition #1. The Expansion Capacity Limit
for this Permit is ten connections. No municipal unit (jurisdictional) allocation
is associated with this Permit. Permittee
shall install metering devices to separately track water delivery to each of
the 10 connections (parcels) served to more effectively monitor customer use
and assess system losses, and annually report this information. Permittee shall
submit the water use data by December 15 of each year; the reporting period is
a Water Year, defined as October 1 through the following September 30. [Rule 22-D-1]
4. The
source of water for the Permitted System is one existing well located on parcel
APN 197-151-017 in the approximate location shown in Attachment 1. The well has extracted water from the Carmel
Valley Alluvial Aquifer since 1939.
[Rule 22-C-3]
Additional
Mandatory Conditions of Approval (Required by MPWMD Rules)
5. No other agency approvals are
specifically identified as being required before this Permit is valid. [Rule
22-D-1-c] However, 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, including the Monterey
County Health Department, 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 preparation date
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. Permittee 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 residential 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 other entities,
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 above and beyond the pre-existing situation in effect as of September 21,
2009. 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. The
subject parcel is within the CAW service area and may continue to receive
active service for parcels 197-151-005 through -009, and -011 as shown in Condition
#1, and in light of the combined water usage limit set in Special Condition #27
herein. All parcels may receive CAW water
for emergency fire service, including separate CAW meters for each residence set
solely for emergency fire sprinklers in the ceilings. CAW
service for parcel 197-151-016 shall not be allowed via the pre-existing
inactive “standby” meter unless there is full compliance with State Water
Resources Control Board (SWRCB) Order 95-10, and an allocation of water is
available to the parcel. [Rule 22-D-1-h]
14. A back-flow protection device to prevent
contamination of the CAW system is required, if deemed necessary by CAW. A copy of documents associated with proof of
CAW backflow protection shall be provided to MPWMD, if applicable. [Rule 22-D-1-h]
15. Because the Permitted System provides
water to multiple parcels for domestic use, this Permit will require compliance
with California Title 22 drinking water standards as administered by the
Monterey County Health Department. 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 SWRCB Order
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 above and
beyond the actions required in these Conditions of Approval to ensure that
future water diversions from the
17. Because the Permitted System is a
Multiple-Parcel Connection System, Permittee is required to provide a copy of an
agreement to serve water to recipient parcels (a draft is acceptable) within 60
days of the preparation date shown on the top of page 1. [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 or equivalent. 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 preparation date shown (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 the Permit
approval, and agrees to carry them out faithfully. The Acceptance Form must be received within 60
days of the preparation date shown (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 within 60 days of the preparation
date shown (see top of page 1) 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. [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.
Special Conditions of Approval
26. Permittee shall continue
to diligently monitor for and repair leaks with a goal to achieve the 5% loss
rate standard deemed appropriate for small WDS by the year 2020, as described
in MPWMD “WDS Memorandum #6” dated August 6, 2009. Permittee shall annually report on the leak
detection and repair efforts by December 15 of each year; the reporting period
is a Water Year, defined as October 1 through the following September 30.
27. The total water use on the ten parcels
identified in Condition #1 shall not exceed 15.05 AFY when both metered water
production from the subject well and CAW metered consumption from parcels identified
in Condition #1 are combined (14.07 AFY and 0.98 AFY limits, respectively). The Permittee shall provide water use data for
the Permitted System and CAW usage by system customers (aggregated CAW consumption
is acceptable to protect privacy) to MPWMD on an annual basis for each Water Year
(October 1 through September 30) in the form and manner prescribed by MPWMD, or
more frequently, if deemed as necessary by the MPWMD General Manager to ensure
compliance with this limit.
28. Permittee is urged to pursue use of
rainwater harvesting (cisterns) and other alternatives to the degree
practicable to help minimize well pumping in the dry season (June 1 through
November 30).
ATTACHMENT 1 – Figure of service area for
Permitted System
ATTACHMENT 2 – Indemnification Agreement
U:\staff\word\boardpacket\2009\20090921\PubHrng\18\item18_exh18e.doc
Prepared
by H. Stern, revised on 9/14/09