EXHIBIT 4-E

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

DRAFT CONDITIONS OF APPROVAL FOR

CONSIDERATION OF APPLICATION TO AMEND CHUGACH WELL #2 WATER DISTRIBUTION SYSTEM

(APPLICATION #20011012CHU)

 

MPWMD Permit #M03-02

Permittee: Chugach & Company, A General Partnership

 

Adopted by MPWMD Board of Directors on August ___ , 2003

Pursuant to MPWMD Rule 22-D

 

 

Permitted System 

 

1.         The service area of the Chugach Well #2 Water Distribution System (WDS) is hereby defined by the Monterey Peninsula Water Management District (MPWMD or District) as Assessor’s Parcel Number 189-111-024 and is proposed to serve “Parcel B” and “Parcel C” pending approval by Monterey County; the proposed service area associated with this permit is shown in Attachment 1. 

 

2.         The Permittee is authorized under this permit to provide water for domestic (potable) and sub-potable uses, including landscape irrigation, livestock and other rural residential uses as allowed by the Monterey County Health Department and the Monterey County Planning Commission (or other County entity with land use authority) in the service area identified in Condition No. 1.

 

3.         The system capacity (production) limit for the Chugach Well #2 WDS is hereby set at 4.4 acre-feet production per year. The expansion capacity (connection) limit is set at four  connections in order to serve uses allowed by Monterey County zoning regulations and permitted by County authorities on the subject parcel(s).  The water shall be produced only from Well #2 as shown in Attachment 1. No municipal unit (jurisdiction) allocation is associated with this permit. 

 

Mandatory Conditions of Approval (MPWMD Rule 22-D)

 

4.         The Permittee shall obtain and provide a copy to MPWMD of a Water System Permit for the Chugach Well #2 WDS issued by the Monterey County Health Department before this MPWMD permit is valid.  The Permittee shall comply with all required approvals from Monterey County prior to use or enjoyment of this permit.

 

5.         The amended system shall not become operational to serve the two proposed parcels until  an emergency water plan/system design is approved by the County of Monterey and/or local Fire Department.

 

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 Chugach Well #2 WDS.

 

7.         The Permittee shall comply with District rules relating to water well registration, and annual reporting of water production within the Chugach Well #2 WDS (Rules 52 and 54).

 

8.         All production wells within the Chugach Well #2 WDS shall report production by the Water Meter Method (Rule 56).

 

9.         The Permittee shall comply with all District water conservation rules and regulations.  All development shall comply with MPWMD and Monterey County landscaping requirements for outdoor areas and other open spaces. 

 

10.       Any intensification or expansion of the water distribution system shall require a new application and permit for structures within the system  (MPWMD Rules 23 and 24).

 

11.       No new water meter connections to the Chugach Well #2 WDS 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.  Connection charges shall be calculated based on water demand estimates using the District’s water demand methodology at the time of the application.

 

12.       Any new facilities, expansion of service area boundaries, increase in the production or connection limits set in Condition No.  3, or other changes described in MPWMD Rule 22-E shall require a permit to amend the Chugach Well #2 WDS (MPWMD Rules 23 and 24).

 

13.       No interties to the California-American Water Company are allowed at any time.  The system may intertie to the “Chugach Well #1" or the “Original Well” or receive trucked in water in an emergency, system failure or similar short-term critical event.  Use of trucked-in water shall be guided by District regulations addressing use of mobile water distribution systems.

 

14.       Once ownership of either Parcel B or Parcel C (see Attachment 1) is changed to an entity other than the Permittee, a copy of agreement(s) specifying responsibility for water service, system maintenance, monitoring and reporting must be provided to the District within 30 days of execution of the agreement(s).  A copy of the agreement to serve recipient parcels shall be provided to MPWMD before this Permit is valid (a sample agreement is acceptable). The Permittee shall provide timely notice of any change to the system owner/operator or name of the system to ensure accurate records.

 

15.       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 12, 2001 application date.  The applicant is not charged for the first 20 hours of staff time.  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.

 


16.       Upon finalization of these conditions, the applicant shall sign a form titled, “Acceptance of Permit Conditions for Creation of Chugach Well #2 WDS.”  By signing the form, the applicant 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.

 

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 applicant does not fully comply with the provisions set forth in each and every condition set forth in this document.

 

Other Conditions

 

19.       Upon notice to the Permittee in writing or by telephone, the Permittee shall allow reasonable access to Chugach Well #2 WDS property by MPWMD to inspect water production facilities, water measuring devices, or take readings from water measuring devices.

 

20.       Nothing in this Permit shall be construed to grant or confirm any water right.

 

21.       Pursuant to MPWMD Rule 11 and Rule 20-C, a permit is not required to reactivate, refurbish or replace Well #2 due to damage or other factors impeding the ability of the well to perform adequately so long as the replacement system complies with the conditions enumerated herein.  It is acknowledged that additional non-well structural components such as irrigation pipelines, storage tanks and other facilities will be constructed to meet Monterey County fire requirements and other system needs. 

 

 

 

 

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HENRI 8/20/03 FIRST DRAFT