EXHIBIT 17-C

 

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

Amending May 15, 1995 “Amended Conditions of Approval”

 

Applicant: Carmel Development Company

 

Adopted by MPWMD Board of Directors on   _____, 2003

Pursuant to MPWMD Rule 22-D

 

Permitted System

 

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(the original Cañada Woods subdivision area, approximately 550 acres), as well as APN 169-011-011 and 169-011-017 (Cañada Woods East, approximately 397 acres), as shown in Attachment 1.

 

2.         The Permittee is authorized by the Monterey Peninsula Water Management District (MPWMD) under this Permit 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.         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, or as changed by the State Water Resources Control Board (SWRCB) pursuant to Condition 5 of SWRCB 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 3).  No municipal unit (jurisdiction) allocation is associated with this Permit.

 

4.         Within the CWWDS, water from the Carmel Valley alluvial aquifer shall be produced from no more than four wells.  The well known as River Well #2 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.  Willow Well shall be taken out of service within 90 days of issuance of this Permit and shall be used as a monitoring well only.  Locations of these wells are shown on Attachment 2.

 

Mandatory Conditions of Approval (MPWMD Rule 22-D)

 

5.         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 Permit is valid.

 

6.         Evidence of approval by 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 the SWRCB remains in the Carmel River watershed, shall be provided to MPWMD before this Permit is valid.

 

7.         The Permittee shall execute an indemnification agreement that holds MPWMD harmless and promises to defend MPWMD 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 Permit is valid.

 

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

 

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

 


10.       The Permittee shall comply with all pertinent MPWMD water conservation rules and regulations.  All development shall comply with all Monterey County and MPWMD landscaping requirements for outdoor areas and other open spaces, including golf courses.  All water use for agricultural, open space, and landscaping purposes shall be in accordance with Condition #11 of the Amended Conditions of Approval for the CWWDS Permit dated May 15, 1995 (Attachment 3).  The Permittee is advised that MPWMD shall not issue an expansion/extension permit that allows the use of potable water for green-belt irrigation when an alternate sub-potable water source is reasonably available (MPWMD Rules 23 and 24).

 

11.       No new water meters within the CWWDS service area shall 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, including payment of applicable fees.  Any modification to a permitted use shall require prior review and approval by

 

            MPWMD, either by waiver or permit.  Connection charges shall be calculated based on water demand estimates using MPWMD’s water demand methodology.

 

12.       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 3, or other changes described in MPWMD Rule 22-E) shall first require approval of an amendment to this Permit.

 

13.       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 prior approval of an amendment to this Permit. California-American Water Company (Cal-Am) service is currently provided for two connections that pre-existed creation of the CWWDS in 1995.  Additional Cal-Am service shall be provided only in a fire emergency in areas of the CWWDS 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 described in Condition #6 of this Permit.  Use of this proposed intertie is contingent upon approval of 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 Rules.

 

14.       Upon MPWMD Board approval of this Permit, the Permittee shall pay to MPWMD the invoiced cost for MPWMD staff time spent to process this 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.

 

15.       The Permittee shall sign a form titled “Acceptance of Permit Conditions for Amendment of CWWDS Permit #M03-01.”  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.

 

16.       A copy of a CWWDS agreement to serve water to recipient parcels shall be provided to MPWMD before this Permit is valid (a sample agreement is acceptable). 

 

17.       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.  The Permittee may apply in writing to the MPWMD 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 upon a finding of due diligence by the Permittee to complete construction and commence operation of the system.

 

18.       The Permit granted herein is subject to revocation in the event the Permittee does not fully comply with each and every condition set forth in this document.

 

Special Conditions for CWWDS

 

19.       On or before September 30, 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 shall be revoked.

 

20.       MPWMD shall not consider any change to 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. 

 

21.       Reporting requirements for the CWWDS are as follows:

 

a.  The Permittee shall install and maintain water meters on each and every well and each and every 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 #8 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 #21c through 21i of this Permit.  A qualified consultant, acceptable to the MPWMD General Manager, shall prepare the report at the applicant’s expense.  A qualified consultant includes a registered geologist, a certified hydrogeologist, or a certified engineering geologist.  A qualified consultant does not include a registered civil engineer or a hydrologist.

 

c.       The Annual Water Monitoring Program Report shall include the detailed status of development within the CWWDS service area, analysis of water consumption by individual lots, for each type of use, both individually and cumulatively, 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.      The Permittee shall annually conduct a system-wide leak detection inspection of the CWWDS facilities, and the Permittee shall repair identified leaks 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 well and monitoring well.  For each inactive production well 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 MPWMD 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, the Permittee shall undertake additional conservation measures in the form of more stringent water conservation, water reclamation, and recycling for sub-potable uses, with the goal of eliminating adverse impacts.

 

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, within one month following submittal to the SWRCB.

 

j.        The Permittee shall annually pay to MPWMD, by December 31 of each year, the sum of one thousand four hundred dollars ($1,400.00) as a fee for up to twenty (20) hours of cumulative MPWMD staff time associated with MPWMD’s review of documentation provided by the Permittee and enforcement of the permit conditions.  In any given year, if the cumulative MPWMD staff time required for review of documentation provided by the Permittee and enforcement of the permit conditions exceeds twenty (20) hours, the Permittee shall be charged at the rate of $70 per hour for each additional hour of MPWMD staff time required.  The first payment shall 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.  In accordance with SWRCB Permit 20831, water used for the maintenance of riparian revegetation shall be separately metered, and the permit’s interim diversion (production) limit of 118.44 acre-feet per year shall be increased by the amount annually used for this purpose, “…but shall not exceed the maximum diversion amount identified in the permit” (Condition 8.5 of SWRCB Permit 20831).

 

23.       Upon notice to the Permittee or its designated representative in writing or by telephone, the Permittee shall allow reasonable access to CWWDS property by MPWMD or its designated representative to inspect water production facilities, 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 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 that the Permittee submits 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.       The Permittee shall provide timely notice to MPWMD of any change to CWWDS ownership and any changes to the names of CWWDS facilities.

 

27.       Except as changed by this Permit, all of the Amended Conditions of Approval for the CWWDS Permit dated May 15, 1995 (Attachment 3) remain in effect.

 

 

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

 

Attachment 2.    Location Map, Wells in Carmel Valley Alluvial Aquifer, Cañada Woods Water Distribution System

 

Attachment 3.    Amended Conditions of Approval for the Cañada Woods Water Distribution System Permit dated May 15, 1995

 

 

 

 

 

U:\staff\word\boardpacket\2003\2003boardpacket\20030721\PublicHearings\17\item17_exh17c.doc

Revised 07/10/03 per FF review