EXHIBIT 19-D
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT
CONDITIONS OF APPROVAL TO
CREATE THE
DMC WATER DISTRIBUTION
SYSTEM
APN: 013-321-004
MPWMD Permit #S09-21-L4
Permitted System: DMC Water Distribution System
Permittee: McAweeney
Family Trust dated March 18, 2008 (Dan J. McAweeney and Gayla R. McAweeney,
Trustees)
Adopted by MPWMD Board of Directors on ________, 2009 Pursuant
to Rule 22-D
Preparation Date: __________________, 2009
1.
The DMC
Water Distribution System (Permitted System) is authorized by the Monterey
Peninsula Water Management District (MPWMD) under Permit #S09-21-L4 for water service to 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 (“water production limit”) for the Permitted System is hereby set at 2.79
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 21 connections,
comprised of up to 20 connections for separately metered offices and one meter
to track landscape irrigation. 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 #e069114) 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. [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.
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 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. An existing building on the subject parcel has received CAW service to
date. With the completion of the new
office building, CAW service for potable supply to the building shall be
disconnected, and shall remain disconnected at all times, even if the Permitted
System fails, until such time that use of CAW water is allowed, as specified in
Condition #15. CAW water may only be
used to supplement landscape irrigation on the parcel in an amount defined in
Special Condition #26. CAW water from
hydrants is available for emergency fire suppression. In addition, a separate CAW standby meter may
be set solely for emergency structural fire suppression (i.e., ceiling fire
sprinklers in building). The Permitted System may receive trucked-in water in a
non-fire emergency, system failure or similar short-term critical event. The term “short-term” is defined as less than
or equal to 120 days. Permittee may
apply in writing to the General Manager for extensions to the 120-day time
limit, each to be approved at the discretion of the General Manager upon a
finding of good cause, and each to be limited to a maximum period of 120
days. Use of trucked-in water shall be
guided by MPWMD Rule 173. [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 an integrated water system that provides
water to multiple commercial tenants, compliance with California Title 22 drinking
water standards as administered by the Monterey County Health Department (MCHD)
is required. Water quality test results submitted
with the application indicated that the well water met the Primary drinking
water standards, although the Secondary Maximum Contaminant Levels (Consumer
Acceptance Contaminant Levels) are exceeded for manganese, specific conductance,
and total dissolved solids. Consultation
with MCHD regarding treatment options may be required. 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 95-10,
and an allocation of water is available to the parcel. [Rule 22-C-2]
16.
Permittee
is not required to carry out specific mitigation measures to offset adverse
environmental impacts, based on 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 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 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 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
Condition of Approval
26. Pursuant to Condition #13, the existing
active CAW water meter may only be used for non-potable irrigation purposes to
supplement the subject well. Annual
metered CAW consumption shall not to exceed 50 units (one unit equals 100 cubic
feet or 748 gallons) per year, equivalent to 0.115 AFY, which represents the
most recent 12-month period available.
The Permittee shall report the annual CAW use by December 15 of each
year for the previous Water Year, defined as October 1 through the following
September 30. Actual CAW bills for the
months October through September shall be attached to the annual report.
ATTACHMENT 1 – Figure of service area for
Permitted System
ATTACHMENT 2 – Indemnification Agreement
U:\staff\word\boardpacket\2009\20090921\PubHrng\19\item19_exh19d.doc
Prepared
by H. Stern on 9/14/09