EXHIBIT 20-D
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT
CONDITIONS OF APPROVAL
TO CREATE THE
“
WATER DISTRIBUTION SYSTEM
APN: 259-021-013
MPWMD Permit #S09-31-L4
Permitted System: Greek Orthodox Church Water Distribution
System
Permittee: Greek Orthodox Church of
Adopted by MPWMD Board of Directors on
December _____, 2009 Pursuant to Rule 22-D
Preparation Date: __TBD____, 2009
1. The Greek Orthodox Church Water
Distribution System (Permitted System) is authorized by the Monterey Peninsula
Water Management District (MPWMD) under Permit #S09-31-L4 for water service to non-residential property at
2. The
Permittee is authorized by MPWMD under this Permit to provide potable water for
two church-related buildings (sanctuary and multi-purpose building for offices,
classes, and meetings) 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 1.65 acre-feet per year, which may be produced from one well
located on the parcel identified in Finding #1.
The Expansion Capacity Limit for this permit is one Connection to
accommodate the two buildings and
associated landscaping on one parcel.
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 Reports #e069122 dated September 22, 2008 located on the parcel
identified in Finding #1 in the approximate locations shown in Attachment
1. The well extracts water
from non-alluvial fractured bedrock in the area referred to by MPWMD as
the “Miscellaneous formations.” [Rule 22-C-3]
Additional Mandatory
Conditions of Approval (Required by MPWMD Rules)
5. Given that the Permitted System serves
a church, approval by the Monterey County Health Department (MCHD) for a
“Non-Transient, Non-Community Water System” 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 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 non-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. California American Water (CAW) water from nearby 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 buildings). 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 church, compliance with California Title 22 drinking water standards
“Non-Transient, Non-Community Water System” as administered by MCHD is
required. Water quality test results
submitted with the application indicated that the well water met the Primary
drinking water standards. Consultation
with MCHD regarding treatment options is suggested as Secondary Maximum
Contaminant Levels (Consumer Acceptance Contaminant Levels) are exceeded for
Manganese, Specific Conductance, Total Dissolved Solids, and Turbidity. 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 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.
ATTACHMENT 1 – Figure of service area for
Permitted System
ATTACHMENT 2 – Indemnification Agreement
U:\staff\word\boardpacket\2009\20091214\PubHrg\20\item20_exh20d.doc
Prepared
by H. Stern on 11/30/09