EXHIBIT 20-F

 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

DRAFT CONDITIONS OF APPROVAL

 

CONSIDERATION OF APPLICATION TO AMEND

CAÑADA WOODS WATER DISTRIBUTION SYSTEM PERMIT

(Application #20021031CAN)

 

MPWMD Permit #M03-01

 

Applicant: Carmel Development Company

 

Adopted by MPWMD Board of Directors on   _____, 2003

Pursuant to MPWMD Rule 22-D

 

Mandatory Conditions of Approval (MPWMD Rule 22-D)

 

1.         The service area of the Cañada Woods Water Distribution System (CWWDS) is hereby defined as Assessor’s Parcel Numbers (APN) 169-221-017 through 169-221-025, 169-011-004, 169-011-005, as well as APN 169-011-011 and 169-011-017 (Cañada Woods East), as shown in Attachment 1.

 

2.         The Permittee is authorized by the Monterey Peninsula Water Management District (MPWMD) under Permit #M03-01 to provide water for domestic (potable) and sub-potable uses, including residential, commercial, agricultural, and landscape use, in the CWWDS service area identified in Condition #1. 

 

3.         A Domestic Water Supply Permit issued to the Cañada Woods Water Company by the Monterey County Health Department for the potable water system proposed to serve the CWWDS service area shall be obtained and a copy provided to MPWMD before this amendment to the CWWDS permit is finalized or vested.

 

4.         Evidence of approval by the Monterey County Health Department and the State Water Resources Control Board (SWRCB) of the proposed intertie with the Monterra Ranch Mutual Water Company potable water system, including storage tanks and a “two-way dual metering” system to assure that the quantity of water extractions from the alluvial aquifer approved by State Water Resources Control Board (SWRCB) remains in the Carmel River watershed, shall be provided to MPWMD before this amendment to the CWWDS permit is finalized or vested.

 

5.         The system capacity (production) limit for the CWWDS from wells extracting water from the Carmel Valley alluvial aquifer beginning in Water Year 2003-2004 (October 1, 2003 through September 30, 2004) is 118.44 acre-feet production per year.  This limit is subject to

 

change pursuant to conditions set by the State Water Resources Control Board in Permits 20831 and 20832, as amended May 2, 2003.  The expansion capacity (connection) limit for the CWWDS remains at 150 connections as constrained by Condition #6 of the Amended Conditions of Approval for CWWDS Permit dated May 15, 1995 (Attachment 2).  No municipal unit (jurisdiction) allocation is associated with this permit.

 

6.         The Permittee shall execute an indemnification agreement that 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 adequacy of the water supply for the CWWDS. This indemnification agreement must be executed before this amendment to the CWWDS permit is finalized or vested.

 

7.         The Permittee shall comply with District Rules and Regulations relating to water well registration, metering and annual reporting of production in addition to the specific reporting requirements described in Special Condition #21 of this permit.

 

8.         All production wells within the CWWDS service area shall report production by the Water Meter Method (Rule 56). 

 


9.         The Permittee shall comply with all pertinent District water conservation ordinances.  For residential use, the District requires that each unit install water closets with a capacity of 1.6 gallons or less, and shower heads with a maximum flow rate of 2.5 gallons per minute for new construction and remodels.   In addition, all new construction shall install on-demand hot-water systems, drought resistant landscapes, and drip irrigation where appropriate.  Water use for agricultural, open space, and landscaping purposes shall be conducted in accordance with Condition #11 of the Amended Conditions of Approval for the CWWDS permit dated May 15, 1995 (Attachment 2).

 

10.       No new water meter connections within the CWWDS service area may be set until a water connection permit has been secured from the District for each connection in accordance with MPWMD regulations governing issuance of water connection permits, including payment of applicable fees.  Connection charges shall be calculated based on water demand estimates using the District’s water demand methodology at the time of the application.

 

11.       Any intensification or expansion within the CWWDS (new system facilities, source of supply, expansion of service area boundaries, changed conditions regarding water service by other entities, increase in the production or connection limits set in Condition #5, or other changes described in MPWMD Rule 22-E) shall require an amendment to the CWWDS permit.

 

12.       The property served by the CWWDS may not be served by any other system, except in a fire or other short-term emergency, except as noted below, without amendment of this permit. California-American Water Company (Cal-Am) service is currently provided for a limited number of residential and commercial connections that pre-existed creation of the CWWDS in 1995.  Additional Cal-Am service may only be provided in a fire emergency in areas of the service area that are within the Cal-Am service area.  No permanent intertie to any other system shall be allowed, with the exception of the storage and metering facilities proposed to be shared with the Monterra Ranch Mutual Water Company potable water system.  As specified in Condition #4, use of this proposed intertie is contingent upon approval of the Monterey County Health Department and the State Water Resources Control Board.  The CWWDS may temporarily intertie to other nearby non-Cal-Am systems or receive trucked-in water in a non-fire emergency, system failure or similar short-term critical event.  Use of trucked-in water shall be governed by MPWMD Rule 173.

 

13.       Upon Board approval of this permit, the Permittee shall pay to the District the invoiced cost for MPWMD staff time spent to process the permit subsequent to the October 31, 2002 application date.  The Permittee is not charged for the first 20 hours of staff time.  The Permittee will be provided documentation to support the invoiced amount. This permit is not valid until payment for the invoiced amount is received by MPWMD.

 

14.       Upon finalization of these conditions, the Permittee shall sign a form titled “Acceptance of Permit Conditions for Amendment of CWWDS Permit.”  By signing the form, the 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. This permit is not valid until the signed acceptance form has been received by MPWMD.

 

15.       Copies of existing agreement(s) to serve water to recipient parcels shall be provided to MPWMD before this permit is finalized (a sample agreement is acceptable). 

 

16.       Construction tasks for facilities authorized by this water distribution system permit shall be initiated within one year from the date the amended permit is issued.  The 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 the amended permit is issued.  The Permittee may apply in writing to the General Manager for a 180-day extension to the project initiation deadline and/or the system operations commencement deadline, to be approved at the discretion of the General Manager.

 

17.       The permit granted herein is subject to revocation in the event the Permittee does not fully comply with each condition set forth in this document.

 

Special Conditions for CWWDS

 

18.       Within the CWWDS, water from the Carmel Valley alluvial aquifer is produced from four wells.  The well known as River Well #2, located in APN 169-221-017, is added as a source of water for the CWWDS.  River Well #2 is intended as a back-up to River Well #1, as sources of water for the potable water system.  West Well (also known as Dog Leg Well) and Field Well are existing sources of sub-potable water for agricultural, construction, and landscaping uses.  A fifth well, Willow Well, shall be taken out of service and be used as an monitoring well only.

 

19.       On or before August 29, 2003, the Permittee shall file with MPWMD one or more complete applications for new or amended water distribution system permits to authorize existing and proposed production and use of sub-potable water from non-alluvial wells and the use of reclaimed water within the service area of the CWWDS and the Monterra Ranch Mutual Water Company Water Distribution System.  These applications shall specify the sources, including non-alluvial wells and treated wastewater, production quantity, and purpose and location of use for each source and category of use.  If this condition is not met, the permit granted herein is subject to revocation.

 

20.       MPWMD shall not increase the number of residential connections allowed by this permit (a maximum of 60 residential connections-- 45 single family units and 15 apartment units), until the Permittee has filed an application deemed complete by MPWMD to amend the CWWDS permit and the Monterra Ranch Mutual Water Company Water Distribution System permit by combining the potable water systems into a single permit.  The Permittee is encouraged to combine all water production sources and use categories in such single permit

 

21.       Reporting requirements for the CWWDS are as follows:

 

a.  The Permittee shall install and maintain water meters on each well or other water production facility within the CWWDS.  Monthly production records shall be kept for each production facility.  These records shall be submitted monthly to MPWMD, and a summary of these records shall be submitted as part of the annual Water Distribution System Report required pursuant to Condition #7 of this permit.

 

b.      The Permittee shall implement a comprehensive water production, delivery, and hydrogeologic monitoring program.  This program shall require the submittal of an Annual Water Monitoring Program Report.   Each monitoring program report shall cover the reporting year from October 1 through September 30 and shall be submitted to MPWMD not later than December 31 following the end of the reporting year.  The first report shall be due not later than December 31, 2003, regardless of the actual development status of the project.  This report, at a minimum, shall include the reporting of, and the analysis and interpretation of, monitoring data described in Conditions #22c through 22i of this permit.

 

c.       This report shall include the status of development within the CWWDS service area, analysis of water consumption by individual lots and for each type of use, and updated projections of future water usage within the CWWDS service area.  This report shall also include an updated determination of the production capacity of the CWWDS facilities. 

 

d.      A system-wide leak detection inspection of the CWWDS facilities shall be conducted annually, and identified leaks shall be repaired with the goal of maintaining production system losses (unaccounted water use) at seven (7) percent or less of annual production.  This condition shall be subject to annual review by the MPWMD General Manager.

e.       The Permittee shall measure water levels a minimum of once a month in each active production and monitoring well.  For each inactive production and monitoring well, water levels shall be measured a minimum of twice annually, and the times of measurement shall include the anticipated annual high and low water levels at each site.  These data shall be transmitted annually to the MPWMD as part of the Annual Water Monitoring Program Report.  Active wells shall not be pumped for 24 hours prior to water level measurement.  The reference elevation of the measuring point at each well shall be surveyed and reported to MPWMD.

 

f.        The Permittee shall record monthly metered sales for each water user in the CWWDS.  These data shall be transmitted annually to the MPWMD as part of the Annual Water Monitoring Program Report. 

 

g.       Each Annual Water Monitoring Program Report will be subject to review and approval by the District Board.

 

h.       If information contained in the Annual Water Monitoring Program Report indicates the occurrence of adverse impacts in the form of reduction in well yields, degradation of water quality, or substantial declines in water levels, additional conservation measures shall be undertaken in the form of more stringent water conservation, water reclamation, and recycling for sub-potable uses.

 

i.         The Permittee shall provide to MPWMD copies of all reports required by the State Water Resources Control Board pursuant to SWRCB Permits 20831 and 20832, including the annual “Progress Report by Permittee” for each permit.

 

j.        The Permittee shall annually pay to the MPWMD, by December 31 of each year, the sum of one thousand dollars ($1,000) to partially defray the cost associated with MPWMD’s the review of documentation provided by the Permittee.  The first payment will become due on December 31, 2003, regardless of the actual development status of the project.

 

22.       The Permittee shall irrigate and maintain vegetation within the Carmel River riparian corridor on Permittee’s property in a satisfactory condition.

 

23.       Upon notice to the Permittee or its designated representative in writing or by telephone, the Permittee shall allow reasonable access to MPWMD or its designated representative to inspect water measuring devices, take readings from water measuring devices, and inspect the condition of vegetation within the portion of the Carmel River riparian corridor on Permittee’s property.

 

24.       Nothing in this permit (WDS Permit #M03-01) shall be construed to grant or confirm any water right.

 

25.       The Permittee shall provide timely notice to MPWMD of any request, petition, application, amendment, motion and/or advice letter affecting the CWWDS and/or the Monterra Ranch Mutual Water Company WDS and/or the California-American Water Company WDS the Permittee may submit to Monterey County, the Monterey County Health Department, the State Water Resources Control Board, the Regional Water Control Board, and/or the California Public Utilities Commission.

 

26.       Except as changed by Conditions #1 through 25 above, all of the Amended Conditions of Approval for the CWWDS permit dated May 15, 2003 1995 (Attachment 2) remain in effect.

 

Attachment 1.    Map of Cañada Woods Water Distribution System Service Area

 

Attachment 2.    Amended Conditions of Approval for the Cañada Woods Water Distribution System Permit dated May 15, 1995

 

 

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