EXHIBIT 17-E
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT
CONDITIONS OF APPROVAL TO
CREATE
LONG RIDGE/WELL N-31
ADDITION TO SANTA LUCIA PRESERVE WATER DISTRIBUTION SYSTEM
APN: 239-131-022 (Well N-31 location)
APN: 239-131-015 thru
-026, -028 and -030 (service area)
MPWMD Permit #M09-02-L4
Permitted System: Long Ridge/Well N-31 Addition to Santa Lucia
Preserve Water Distribution System
Permittee: Santa Lucia Community Services District
Adopted by MPWMD District Board on
January __, 2009
Pursuant to Rule 22-D
1. The Long Ridge/Well N-31 Addition (LRA)
to the Santa Lucia Preserve Water Distribution System (SLPWDS, or Permitted
System) is authorized by the Monterey Peninsula Water Management District (MPWMD
or District) under Permit #M09-02-L4 for
water service to 11 residential and three open space parcels totaling
522 acres, that lie both within the District boundary and the Santa Lucia
Community Services District (SLCSD or Permittee) service areas. A list of parcels and a map of the affected
area is shown in Attachment 1. It is acknowledged that Well N-31 is part of
the larger interconnected SLPWDS, and that water production from the well may
be delivered to parcels outside the District boundary. [Rule 22-D-1-a]
2. The Permittee is authorized by MPWMD under this Permit to provide potable water for domestic use to 11 residential parcels identified in Condition #1, including residential use and associated landscaping, in compliance with Monterey County Combined Development Permit #PC94067 and associated County Board Resolutions #96-059, 96-060, and 97-360, and Monterey County Well Permit No. 00-390. [Rule 22-D-1-b]
3. The
system capacity limit (“water production limit”) for the Permitted System is
hereby set at 12.15 acre-feet per year, which may be
produced Well N-31 located on parcel APN 239-131-022. The expansion capacity limit for this permit
is 23 connections, based on the
assumption that County zoning regulations allow two independent dwellings (2
connections, such as main home and caretaker home)) on each of the 11 affected
parcels identified in Condition #1, in addition to one master connection to the
larger SLPWDS operated by the Permittee. No municipal unit (jurisdictional)
allocation is associated with this permit. [Rule 22-D-1]
4. The
source of water for the Permitted System is one existing well (California Well
Completion Report #782821) located on the parcel identified in Finding #1 in
the approximate location shown in Attachment 1. The well extracts water from non-alluvial fractured
bedrock in an area collectively referred to by MPWMD as the Carmel Valley
Upland formations. [Rule 22-C-3]
Additional
Mandatory Conditions of Approval (Required by MPWMD Rules)
5. No other agency approvals are
specifically identified as being required before this permit is valid. [Rule
22-D-1-c] However, precedent to use of this
permit, Permittee shall first obtain and/or comply with any required approval
from the local jurisdiction in which the property is located, as
applicable. [Rule 22-D-3]
6. Permittee shall execute an
Indemnification Agreement, provided as Attachment
2, which 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 District approval of the Permitted System or
the adequacy of the system water supply.
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
shown (see top of page 1) for this permit to remain valid. [Rule 22-D-1-d]
7. Permittee shall comply with District
rules relating to water well registration, metering and annual reporting of
production (MPWMD Rules 52 and 54). [Rule 22-D-1-e; Rule 22-D-2]
8. The Permitted System shall report
production by the Water Meter Method (MPWMD Rule 56) for the well designated in
Condition #4 in addition to Well T-29 on parcel APN 239-131-020. [Rule 22-D-1-e; Rule 22-D-2]
9. Permittee shall comply with all MPWMD
water conservation ordinances that pertain to residential and landscape use as
well as non-potable use. Current ordinances specify maximum water use rates for
fixtures and require new development to install drought-resistant landscapes,
and drip irrigation, where appropriate.
Contact with the District Permit and Conservation Office is recommended
during project planning. [Rule 22-D-1-f]
10. No new water meter connections to the Permitted System 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. [Rule 22-D-1-g]
11. Any intensification or expansion within
the Permitted System shall require a new application and permit pursuant to
MPWMD Rules 23 and 24. [Rule 22-D-1-k]
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 Permitted
System. [Rule 22-E]
13. No
permanent intertie between the Permitted System and any other system, except
for the larger SLPWDS, shall be allowed.
The Permitted System may receive trucked-in water in a non-fire
emergency, system failure or similar short-term critical event. Use of trucked-in water shall be guided by
MPWMD Rule 173. [Rule 22-D-1-h]
14. A
back-flow protection device to prevent contamination of the CAW system is not
required as the subject parcels are outside of the CAW service area. [Rule
22-D-1-h]
15. Because the Permitted System provides
water to an integrated water system that provides water to approximately 350
residential units, this permit does require compliance with California Title 22
drinking water standards as administered by the
16. Permittee is not required to carry out a
specific mitigation measure to offset adverse environmental impacts, based on hydrogeologic
analyses and environmental documents certified by the
17. Permittee is not required to provide a
copy of agreement to serve water to recipient parcels because the Permitted System
is a regulated public utility. [Rule
22-D-1-j]
18. 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 application
date, if required. The applicant is not
charged for the first 40 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. The
payment must be received within 60 days of the date of approval (see top of
page 1) for this permit to remain valid.
[Rule 22-D-1-l]
19. Upon finalization of these conditions,
the Permittee shall sign (and notarize) a form regarding acceptance of permit conditions
for the approval of the Permitted System. By signing the form, Permittee acknowledges
that Permittee understands and accepts these conditions as a binding part of
the permit approval, and agrees to carry them out faithfully. The Acceptance Form must be received within 60
days of the date of approval (see top of page 1) for this permit to remain
valid. [Rule 22-D-1-m]
20. Permittee shall disclose to any future
owner, successors and assigns of the property described in Condition #1 the
requirements for the Permitted System 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. [Rule 22-D-2]
21. 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. [Rule 22-D-4]
22.
Permittee
shall execute a Deed Restriction prepared by MPWMD regarding the limitation on
water use as set forth in these conditions.
Permittee shall pay all fees associated with preparation, review and
recording of the Deed Restriction. The
Deed Restriction must be signed and notarized by the Permittee and accepted by
the Monterey County Recorder for processing before a signed WDS permit from
MPWMD is transmitted to the Permittee. [Rule
22-D-1-n]
23. 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. [Rule 22-D-1-o]
Other
Conditions of Approval
24. Nothing in this permit shall be construed
to grant or confirm any water right.
25. This permit does not authorize any act
that results in the taking of a threatened or endangered species or any act
which is now prohibited, or becomes prohibited in the future, under either the
California Endangered Species Act (Fish and Game Code Sections 2050 to 2097) or
the federal Endangered Species Act (16 U.S.C.A. Sections 1531 to 1544). If a “take” will result from any act
authorized under this permit, the Permittee shall obtain authorization for an
incidental take prior to construction or operation of the project. Permittee shall be responsible for meeting
all requirements of the applicable Endangered Species Act for the project authorized
under this permit.
26. 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 (i.e., Well T-29 and Well N-31); (b) the total water produced to meet
the needs of the 11 residential parcels within the Long Ridge Addition (metered
sales are acceptable) and the water produced to serve uses on the three open
space parcels within the MPWMD boundary referenced in Condition #1; (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 Long Ridge parcels within
the MPWMD boundary. The District shall
be informed of there are lot splits or changes in the number of parcels. 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 60 days
(i.e., November 30) following the end of the reporting year.
27. Permittee shall provide to MPWMD at no
charge copies of all future hydrologic, water production and water quality reports submitted to
Monterey County that include the Long Ridge area as required by the approvals
listed in Condition #2.
28. 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 Long Ridge/Well N-31
Addition 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.
29. The Permittee shall provide timely notice
to MPWMD of any request, petition, application, amendment, motion and/or advice
letter affecting the Long Ridge area that the Permittee submits to
30. The Permittee shall provide timely notice
to MPWMD of any change to ownership of the Long Ridge/Well N-31 system and any
changes to the names of system facilities (e.g., wells).
ATTACHMENT 1 – List of parcels and figure
of Long Ridge service area for Permitted System
ATTACHMENT 2 – Indemnification
Agreement
U:\staff\word\boardpacket\2009\20090129\PubHrgs\17\item17_exh17e.doc