EXHIBIT 8-E
MONTEREY PENINSULA WATER
MANAGEMENT DISTRICT
DRAFT
CONDITIONS OF
APPROVAL TO CREATE
“SEPTEMBER RANCH”
WATER DISTRIBUTION SYSTEM
Service area: APN 015-171-010 and -012; 015-361-013 and -014
MPWMD Permit #M12-06-L4
Permitted
System: “September Ranch” Water
Distribution System
Permittee: September Ranch Partners
Adopted by MPWMD Board of Directors
on November ____, 2012 Pursuant to Rule 22-D
Preparation Date: November
________, 2012
1. The September Ranch Water Distribution
System (Permitted System) is authorized by the Monterey Peninsula Water
Management District (MPWMD) under Permit #M12-06-L4 for water service to four Parcels (to be subdivided
pursuant to approval by Monterey County on November 9, 2010) comprising
approximately 891 acres on Assessor’s Parcel Numbers (APN) currently known as 015-171-010,
015-171-012, 015-361-013 and 015-361-014. It is recognized that these APN will change as
the subdivision process proceeds. The
property address is currently 676 Carmel Valley Road, Carmel Valley. The service area is shown in Attachment 1. [Rule 22-D-1-a]
2. This Permit authorizes the Permitted System to provide domestic water supply and water for irrigation for an approved residential subdivision, known as “September Ranch,” as allowed by the Monterey County Board of Supervisors on November 9, 2010 (County Resolution #10-312 for PC95062 and PLN050001). Components include 73 market-rate residential lots, 22 affordable housing lots, sales office and guard house, a 20.2-acre existing Equestrian Facility with accessory structures, 536.4 acres of Common Open Space, 273.6 acres of Private Open Space, and 6.9 acres of Open Space Reserved for future public facilities. A Single-Family Dwelling (farm house caretaker unit) and a horse-watering trough served by California American Water (Cal-Am) currently exist on the property. The Cal-Am meters shall be disconnected and replaced by water service from the Permitted System pursuant to Special Condition #30. [Rule 22-D-1-b]
3. The System Capacity (“water production limit”) for the Permitted
System is hereby set at 57.21 acre-feet per year (AFY), which
may be produced from Well “SR-1” and at least one additional Well, as approved
by MPWMD pursuant to Special Condition #29,
located on the property identified in Condition #1. The Expansion Capacity Limit for this Permit
is 99 Connections, which includes: (a)
96 residential Connections for 95 new residences and replacing water service
for the existing farm house from Cal-Am to the Permitted System); (b) one equestrian
facility Connection for potable needs (e.g., bathroom, drinking fountain) and non-potable
equine needs (e.g., horse and stall washing, watering horses, dust control);
(c) one non-residential Connection for drinking
water needs in sales office, gatehouse/guard
station and associated landscape irrigation; and (d) one open space Connection
for all other non-potable irrigation needs listed in Condition #2. 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 known as “SR-1” (Monterey County Health
Department Permit #W5870 and California Well Completion Report #360102) located
on the property identified in Condition #1 in the approximate location shown in
Attachment
1. The Well extracts water
from the September Ranch Aquifer, characterized as a semi-isolated aquifer with
alluvial characteristics that is separate from the Carmel Valley Alluvial
Aquifer (CVAA). In compliance with Special
Condition #29, at least one additional Well is planned
in the future. Existing Wells known as
“Well A,” “Well B” and “Well C” may serve as Monitor Wells or be considered for
destruction; Well B is prohibited from producing water as part of the Permitted
System due to its location in the CVAA. [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, 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 Wells
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. New Connections to the Permitted System may not be set until a Water Permit has been secured from MPWMD for each Connection in accordance with MPWMD regulations governing issuance of Water 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 of water
use within the Permitted System shall require a new application and Water Permit
pursuant to MPWMD Rules 23 and 24. [Rule
22-D-1-k]
12. Addition of new facilities, change or 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 or connection between
the Permitted System and any other system shall be allowed. The Permitted
System may receive trucked-in water in a non-fire emergency, system failure or
similar short-term critical event, so long as the source is not derived from
the Monterey Peninsula Water Resource System.
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. The subject Parcels are within
the Cal-Am service area; a residence on the property and a horse-watering
trough are currently being served by Cal-Am meters. Use of Cal-Am water on the property is not
authorized by this Permit, which includes the requirement to disconnect the
current Cal-Am service to the residence (Meter #6258) and trough (Meter #6276),
pursuant to Special Condition #30. Use
of Cal-Am water to address a non-fire emergency (e.g., system failure) of the
Permitted System is not authorized by this Permit. The new structures allowed by this Permit may
receive Cal-Am water only for emergency fire service, including a separate Cal-Am
meter set solely for emergency fire sprinklers in the residence ceilings. [Rule 22-D-1-h]
14. A back-flow protection device to prevent
contamination from or to the Cal-Am system is required, if deemed necessary by Cal-Am. A copy of documents associated with proof of Cal-Am
backflow protection shall be provided to MPWMD, if applicable. [Rule 22-D-1-h]
15. Because the Permitted System will provide water to a
residential subdivision for domestic use, this Permit requires compliance with
California Title 22 drinking water standards as administered by the Monterey
County Health Department (MCHD). The District
defers regulation of water quality to the MCHD.
The District shall not approve any Water Permit for a new or intensified
Connection to the Cal-Am system due to the inability of the Permitted System to
deliver adequate water quality or quantity to the Parcel(s)
identified in Condition #1, unless there is: (a) full compliance by Cal-Am with
State Water Resources Control Board (SWRCB) Order 95-10 (as amended), (b) Cal-Am
compliance with the March 2006 Final Decision of the Seaside Groundwater Basin
Adjudication (as amended), and (c) water is available in the respective
Jurisdiction’s Allocation for release to the subject Parcel(s). [Rule
22-C-2, Rule 22-D-1-h]
16. Permittee is
not required by MPWMD to carry out a specific mitigation measure to offset
adverse environmental impacts above and beyond those already identified by the
County of Monterey in its approval of the subdivision on November 9, 2010
(County Resolution #10-312 for PC95062 and PLN050001). As a CEQA Responsible Agency, MPWMD relies on
the environmental documents certified by Monterey County on that date
(SCH#1995083033). [Rule 22-D-1-i]
17. Permittee is
required to provide a copy of an agreement to serve water to recipient Parcels because
the Permitted System is a Multiple-Parcel Connection System. A draft agreement or template is acceptable
for this purpose, and must be provided within 60 days of the preparation date
shown (see top of page 1) for this Permit to remain valid. [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, and extraordinary costs associated with the
pre-application phase stemming from the Pre-Application submitted on June 7,
2007. Payment for the invoiced amount must be received
by MPWMD 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. 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 water production facilities
authorized by this Permit (e.g., Well, pipelines, storage tanks, water
treatment) shall be initiated within three hundred sixty five days from the
date this Permit is issued. This Permit shall
expire if no action is taken within that time.
Construction of permitted water facilities shall be completed and water
distribution system operation shall commence within seven hundred thirty days 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. More than one extension may be requested. [Rule
22-D-4]
22.
Permittee shall execute a Deed Restriction prepared by MPWMD
regarding the limitation on water use 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 Permit from MPWMD is transmitted
to the Permittee. [Rule 22-D-1-n]
23. Upon notice to the Water Distribution
System owner or designated representative in writing, e-mail or by telephone,
reasonable access to the Site shall be given to MPWMD staff or its designated
representative to inspect and document Water-Gathering Facilities and Water-Measuring
Devices, obtain hydrogeologic data, and take readings
from Water Measuring Devices. [Rule
22-D-1-o]
24. 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-p]
Other
Conditions of Approval
25. Nothing in this Permit shall be construed
to grant or confirm any water right.
26. 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.
27. The Permittee shall report annually
in the form and manner prescribed by MPWMD: (a) the quantity of water produced
by each source of supply within the MPWMD boundary (i.e., Well SR-1 and any
future production Well); (b) the total water produced to meet the needs of all residential
parcels within the Subdivision (metered sales are acceptable) and the water
produced to serve uses on the one equestrian facility and three open space
parcels within the MPWMD boundary referenced in Condition #2; (c) the maximum
number of Connections in the system that year, including active and inactive Connections;
(d) the number of new Connections and disconnections in the reporting year; (e)
provide an updated map of the service area, if changes have occurred); and (f)
list the name and address of the responsible party (currently September Ranch
Partners, LLC). When available, a
current Assessor’s Parcel Number shall be provided for each new residential
Parcel and the non-residential areas within the MPWMD boundary. Permittee shall
inform the District if there are lot splits or changes in the number of Parcels. The reporting year is defined as October 1
through September 30 of the next year.
Annual reporting data shall be provided to MPWMD no later than 60 days
(i.e., November 30) following the end of the reporting year. The Permittee shall
annually pay for District staff time (estimated at 20 hours) to perform
technical review of the annual reports, as invoiced by the District (Rule 60).
28. Permittee shall
provide to MPWMD, at no charge, copies of all future hydrologic, water
production and water quality reports submitted to local, state and federal
regulators, pursuant to agency permit conditions, including those of the County
of Monterey, SWRCB, California Department of Fish and Game, U.S. Fish and
Wildlife Service and National Marine Fisheries Service, as applicable.
29. Permittee shall
obtain written approval by MPWMD before drilling any Well to supplement current
Well SR-1, including confirmation by the MPWMD Water Resources Division Manager
(or his designee) that the planned Well is not located
in the CVAA or other component of the Monterey Peninsula Water Resource
System. The existing Well
known as “Well B,” located within the CVAA, is prohibited from serving the
September Ranch Subdivision. “Well A,
Well B and Well C” may either remain as monitor wells or be destroyed; Wells A and C are not prohibited from being used.
30. Permittee shall
permanently disconnect the “farm house” caretaker unit and horse-watering trough currently served by Cal-Am Meters #6258 and #6276,
respectively, and replace Cal-Am service by water from the Permitted
System, consistent with Monterey County Condition #40. Permittee shall
provide a copy of the Monterey County Health Department determination that the
Permitted System is operational. Within
90 days, Permittee shall provide to MPWMD written
proof of the Cal-Am meter disconnections.
ATTACHMENT 1 – Figure of service area for
Permitted System
ATTACHMENT 2 – Indemnification Agreement
ATTACHMENT 3 – Monterey County conditions of
approval related to water resources (Resolution #10-312).
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