EXHIBIT 13-D

 

DRAFT

 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

CONDITIONS OF APPROVAL

for

AMENDED GOODRICH LINE WATER DISTRIBUTION SYSTEM, PERMIT # M05-04

(Application #­­20050413SLC)

 

Permittee: Santa Lucia Community Services District

 

Adopted by MPWMD Board of Directors on November __, 2005

Pursuant to MPWMD Rule 22-D

 

Permitted System

 

1.                  The service area of the Goodrich Line Water Distribution System (GLWDS) is hereby defined as the area included in Assessor’s Parcel Numbers #239-102-001 and 239-102-003, which will be subsequently renamed and divided into 14 lots within the boundary of the Monterey Peninsula Water Management District (MPWMD).  The boundary of the service area and location of the 14 homesites is shown in Attachment 1.

 

2.                  The Permittee is authorized by MPWMD under this Permit to provide potable water for domestic use, including residential use and associated landscaping, in compliance with Permit #270-2521 issued by the Monterey County Health Department in the service area identified in Condition #1.

 

3.                  Pursuant to MPWMD Board approval of the Application for Variance to Rule 22 on November 21, 2005, there is no system capacity (production) limit on the quantity of water imported from water sources and wells outside the MPWMD boundary via the GLWDS to serve specified residential lots within the MPWMD boundary.  The expansion capacity (connection) limit for the GLWDS is hereby set at 14 connections for the homesites identified in Condition #1.  No municipal unit (jurisdiction) allocation is associated with this Permit.

 

4.                  No water sources or wells within the District are associated with water delivered by the GLWDS (i.e., Goodrich Water Distribution Pipeline).   All water delivered by the GLWDS emanate from sources and facilities outside of the District. 

5.         The following wells are located within the GLWDS service area and within the MPWMD boundary, but are not part of the GLWDS:  Well #T-11A and Well #T-17.  These wells are considered to be pre-existing in accordance with MPWMD Rule 20; their use is limited to specific pre-existing structures and purposes, and they are independent of the GLWDS.   Water produced from these wells is not regulated by this Permit.  These wells are included in this permit solely for record keeping purposes and identification of baseline conditions. 

 

Mandatory Conditions of Approval (MPWMD Rule 22-D)

 

6.         The Permittee shall comply with the requirements and conditions of Permit #270-2521 issued by the Monterey County Health Department for the Santa Lucia Preserve Water System and associated GLWDS. 

 

7.         The Permittee shall execute an Indemnification Agreement (Attachment 2) prepared by MPWMD 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 GLWDS, and for expenses related to any legal challenge to the approval of this Permit, including MPWMD staff time and efforts by legal counsel. This Indemnification Agreement must be signed and executed within 60 days of the date of approval (i.e., January __, 2006) for this Permit to be valid.

 

8.         The Permittee shall comply with MPWMD Rules and Regulations relating to water well registration, metering and annual reporting of production for any well owned or operated by the Permittee that is located within the MPWMD boundary.  

 

9.         All production wells within the GLWDS service area located within the MPWMD boundary 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 for the homesites within the MPWMD boundary.  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 adhere to prudent water conservation practices which:

 

(a)    promote, when possible, irrigation during the lowest evapotranspirative times of the day, i.e., before 9:00 AM and after 5:00 PM;

(b)   minimize irrigation during high wind periods to reduce applied water losses;

(c)    maintain irrigation systems to minimize losses from leaks;

(d)   prevent indiscriminate or excessive water use; and

(e)    prevent use of water that is unproductive or runs to waste.

 

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 (i.e., system intensification or expansion as defined in MPWMD Rules 23 and 24) within the GLWDS service area located within the MPWMD boundary 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; this requirement also applies to remodels that potentially increase water use as defined by MPWMD.  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 proposed modification, addition or substantive change to the GLWDS located within the MPWMD boundary shall first require approval of an amendment to this Permit.  Examples include: new system facilities, sources of supply, expansion of service area boundaries, changed conditions regarding water service by other entities, increase in the connection limits set in Condition #3 of this Permit, or other changes described in MPWMD Rule 22-E.

 

13.       The property served by the GLWDS located within the MPWMD boundary may not be served or intertie to any other system, except for the Santa Lucia Preserve Water System currently in place, without prior approval of an amendment to this Permit.  There shall be no intertie to California American Water (Cal-Am) for any reason at any time without prior approval by MPWMD.  The GLWDS is located outside the Cal-Am service area. 

 

14.       The GLWDS service area within the MPWMD boundary may temporarily 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 and Regulations.

 

15.       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 April 13, 2005, the date Application #20050413SLC was submitted.  The Permittee is not charged for the first 35 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.  Payment must be received within 60 days of the date of approval (i.e., January ___, 2006) for this permit to be valid.

 

16.       The Permittee shall sign a form titled “Acceptance of Permit Conditions for GLWDS Permit #M05-04.”  By signing the form, the Permittee acknowledges that Permittee understands and accepts these conditions as a binding part of the Permit approval, and agrees to carry them out in good faith.  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 the date of approval (i.e., January __, 2006) for this Permit to be valid.

 

17.       A copy of a GLWDS agreement to serve water to recipient parcels shall be provided to MPWMD; a sample or prototype agreement is acceptable.  The sample agreement must be received within 60 days of the date of approval (i.e., January __, 2006) for this Permit to be valid.

 

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 (i.e., delivery of water to the Goodrich pipeline).  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.

 

19.       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; (b) the total water produced to meet the needs of the 14 parcels within the GLWDS (metered sales are acceptable); (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 SLCSD).  A current Assessor’s Parcel Number shall be provided for each of the 14 parcels within the MPWMD boundary.  This annual reporting helps MPWMD staff to keep accurate records and monitor basin-wide water use.  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 45 days (i.e., November 15) following the end of the reporting year.

 

20.       The GLWDS shall comply with requirements of other permits previously issued by the County of Monterey or other regulatory entities. 

 

21.       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 GLWDS

 

22.       Permittee shall provide to MPWMD at no charge copies of all future hydrologic, water production  and water quality reports submitted to Monterey County for the Potrero Subdivision (e.g., required monitoring reports associated with Monterey County Health Department Permit #270-2521 and Monterey County Board of Supervisors Resolution 05-046).

 

23.       Upon notice to the Permittee in writing or by telephone, the Permittee shall allow reasonable access by MPWMD or its designated representative to property in the GLWDS service area located within the MPWMD boundary to inspect and photograph water production facilities and water measuring devices, and take readings from water measuring devices.

 

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 GLWDS that the Permittee submits to Monterey County, the Monterey County Health Department, the State Water Resources Control Board, the Regional Water Quality Control Board, and/or the California Public Utilities Commission.  This condition does not refer to the entire Santa Lucia Preserve Water System operated by the applicant.

 

26.       The Permittee shall provide timely notice to MPWMD of any change to GLWDS ownership and any changes to the names of GLWDS facilities.

 

Attachments

Attachment 1:    Map of GLWDS Service Area.

Attachment 2:    Indemnity Agreement to be executed by January __, 2006.

 

 

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