EXHIBIT 15-C

 

DRAFT

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

CONDITIONS OF APPROVAL FOR CREATION OF

FLAGG HILL WATER DISTRIBUTION SYSTEM

APN 101-091-18/19/20

Application #20040518FLA

 

MPWMD Permit #M04-01

Permittee: John Jepson

 

Adopted by MPWMD Board of Directors on August 16, 2004 Pursuant to Rule 22-D

 

 

Permitted System

 

1.          The Flagg Hill Water Distribution System (WDS) is authorized by the Monterey Peninsula Water Management District (MPWMD) under Permit #M04-01 to serve Assessor’s Parcel Numbers (APN) 101-091-018, -019 and -020.  The approximately 3.3-acre service area serves three existing, contiguous residential parcels of roughly one acre each, and is shown in Figure 1 (attached).

 

2.          This permit authorizes the Flagg Hill WDS to provide both potable and sub-potable water for domestic, landscaping and irrigation use as allowed by the City of Monterey and Monterey County health codes in the service area identified in Condition #1. 

 

3.          The system capacity limit (“water production limit”) for the Flagg Hill WDS is hereby set at 1.5 acre-feet per year, which may be produced from a well located on APN 101-091-018 that extracts water from non-alluvial percolating groundwater in the Monterey Formation. The expansion capacity limit (“connection limit”) is set at no more than three connections for both potable and non-potable uses in order to serve uses allowed by Monterey City zoning regulations and permitted by County authorities on the subject parcels. No municipal unit (jurisdiction) allocation is needed or associated with this permit.

 

4.          The source of water for the Flagg Hill WDS is one well (California Well Completion Report No. #761336) located on APN 101-091-018 in the approximate location shown in Figure 1.

 

Other Conditions of Approval

 

5.          Permittee shall obtain a water distribution system permit from the Monterey County Health Department, Division of Environmental Health, for the subject system within one year of the date of approval of this permit.  This MPWMD permit is not considered to be valid until permit issuance from the Health Department is completed, including certification that the raw water can be treated to meet state quality standards in a manner acceptable to the Health Department.

 

6.          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 Flagg Hill WDS.  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 date of approval (i.e., by Friday, October 15, 2004) for the permit to remain valid.

 

7.          Permittee shall comply with District rules relating to water well registration, metering and annual reporting of production (MPWMD Rules 52 and 54).

 

8.          The Flagg Hill WDS shall report production by the Water Meter Method (MPWMD Rule 56) for the well designated in Condition #4.

 

9.          Permittee shall comply with all MPWMD water conservation ordinances that pertain to sub-potable use.  Under applicable existing ordinances, the District requires that all new development shall install drought resistant landscapes, and drip irrigation where appropriate.

 

10.        No new water meter connections to the Flagg Hill WDS 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. 

 

11.        Any intensification or expansion within the Flagg Hill WDS pursuant to MPWMD Rules 23 and 24 shall require a new application and permit.

 

12.        Any new facilities, 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 Flagg Hill WDS.

 

13.        No permanent intertie between the Flagg Hill WDS and any other system shall be allowed. The Flagg Hill WDS may receive trucked-in water in an emergency, system failure or similar short-term critical event.  Use of trucked-in water shall be guided by MPWMD Rule 173.  Water derived from the main California American Water (Cal-Am) system may only be used in a fire emergency until such time as full compliance with State Water Resources Control Board (SWRCB) Order  WR 95-10 is achieved.

 

14.        Nothing in this permit shall be construed to grant or confirm any water right.

15.        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 May 14, 2004 application date.  The applicant is not charged for the first 35 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.  Payment must be received within 60 days of the date of approval (i.e., by Friday, October 15, 2004).

 

16.        Upon finalization of these conditions, the Permittee shall sign a form titled, “Acceptance of Permit Conditions for Creation of Flagg Hill WDS.”  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. This permit is not valid until the signed acceptance form has been received by MPWMD.  The signed form must be received within 60 days of approval (by Friday, October 15, 2004).

 

17.        Permittee shall disclose to any future owner, successors and assigns of the property described in Condition #1 the requirements for the Flagg Hill WDS 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.

 

18.        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.

 

19.        Because the Flagg Hill WDS is a multiple-parcel system, the Permittee shall submit for District review a sample Water System Agreement between the system owner /operator and recipient parcels.  The Agreement should describe the rights and responsibilities of owners (current and future) of the three parcel described in Condition #1 and the system owner/operator.  The sample Agreement need not be signed.  The sample Agreement must be provided within 60 days of the date of approval (i.e., by Friday, October 15, 2004) for this permit to remain valid.

 

20.        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 #M04-01.

 

 

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