EXHIBIT 19-D

 

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

DRAFT

CONDITIONS OF APPROVAL TO CREATE THE

DMC WATER DISTRIBUTION SYSTEM

APN:  013-321-004

MPWMD Permit #S09-21-L4

 

Permitted System:  DMC Water Distribution System

Permittee:  McAweeney Family Trust dated March 18, 2008 (Dan J. McAweeney and Gayla R. McAweeney, Trustees)

 

Adopted by MPWMD Board of Directors on ________, 2009 Pursuant to Rule 22-D

Preparation Date:  __________________, 2009

 

Permitted System (Required by MPWMD Rules)

 

1.                  The DMC Water Distribution System (Permitted System) is authorized by the Monterey Peninsula Water Management District (MPWMD) under Permit #S09-21-L4 for water service to commercial property at 2611 Garden Road where a new office building will be constructed.  An existing California American Water (CAW) service connection to the existing office building will be used solely for non-potable landscape irrigation use on the same property.  The service area is Assessor’s Parcel Number 013-321-004 as shown in Attachment 1.  [Rule 22-D-1-a]

 

2.                  The Permittee is authorized by MPWMD under this Permit to provide potable water for a commercial office building as well as landscape irrigation, in compliance with the City of Monterey Use Permit #08-155. [Rule 22-D-1-b]

 

3.                  The System Capacity (“water production limit”) for the Permitted System is hereby set at 2.79 acre-feet per year, which may be produced from a well located on the parcel identified in Finding #1.  The Expansion Capacity Limit for this permit is 21 connections, comprised of up to 20 connections for separately metered offices and one meter to track landscape irrigation.  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 #e069114) 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 the “Miscellaneous formations” area.  [Rule 22-C-3]

 

Additional Mandatory Conditions of Approval (Required by MPWMD Rules)

 

5.                  Given that the Permitted System serves multiple commercial tenants, approval by the Monterey County Health Department is required before this Permit is vested.   [Rule 22-D-1-c].   Precedent to use of this Permit, Permittee shall first obtain and comply with any required approval from the local jurisdiction in which the property is located.  [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.                  Permittee shall report production by the Water Meter Method (MPWMD Rule 56) for the well designated in Condition #4.  [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 or to other entities (including Mobile Water Distribution Systems), 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 shall be allowed. An existing building on the subject parcel has received CAW service to date.  With the completion of the new office building, CAW service for potable supply to the building shall be disconnected, and shall remain disconnected at all times, even if the Permitted System fails, until such time that use of CAW water is allowed, as specified in Condition #15.  CAW water may only be used to supplement landscape irrigation on the parcel in an amount defined in Special Condition #26.  CAW water from hydrants is available for emergency fire suppression.  In addition, a separate CAW standby meter may be set solely for emergency structural fire suppression (i.e., ceiling fire sprinklers in building). The Permitted System may receive trucked-in water in a non-fire emergency, system failure or similar short-term critical event.  The term “short-term” is defined as less than or equal to 120 days.  Permittee may apply in writing to the General Manager for extensions to the 120-day time limit, each to be approved at the discretion of the General Manager upon a finding of good cause, and each to be limited to a maximum period of 120 days.  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 required, if deemed necessary by CAW.  A copy of documents associated with proof of CAW backflow protection shall be provided to MPWMD, if applicable. [Rule 22-D-1-h]

 

15.              Because the Permitted System provides water to an integrated water system that provides water to multiple commercial tenants, compliance with California Title 22 drinking water standards as administered by the Monterey County Health Department (MCHD) is required.  Water quality test results submitted with the application indicated that the well water met the Primary drinking water standards, although the Secondary Maximum Contaminant Levels (Consumer Acceptance Contaminant Levels) are exceeded for manganese, specific conductance, and total dissolved solids.  Consultation with MCHD regarding treatment options may be required.  The District shall not approve any permit for a new or intensified connection to the CAW system if the Permitted System fails to deliver adequate water quality or quantity to the parcel, unless there is full compliance with State Water Resources Control Board (SWRCB) Order 95-10, and an allocation of water is available to the parcel. [Rule 22-C-2]

 

16.              Permittee is not required to carry out specific mitigation measures to offset adverse environmental impacts, based on hydrogeologic analyses and the CEQA Notice of Determination that was filed by the City of Monterey.  [Rule 22-D-1-i]

 

17.              Permittee is not required to provide a copy of agreement to serve water to recipient parcel because the Permitted system is a Single-Parcel Connection System. [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 or equivalent. 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 preparation date shown (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 he/she 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 within 60 days of the preparation date shown (see top of page 1) 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.

 

Special Condition of Approval

 

26.       Pursuant to Condition #13, the existing active CAW water meter may only be used for non-potable irrigation purposes to supplement the subject well.  Annual metered CAW consumption shall not to exceed 50 units (one unit equals 100 cubic feet or 748 gallons) per year, equivalent to 0.115 AFY, which represents the most recent 12-month period available.  The Permittee shall report the annual CAW use by December 15 of each year for the previous Water Year, defined as October 1 through the following September 30.  Actual CAW bills for the months October through September shall be attached to the annual report.

 

 

 

ATTACHMENT 1 – Figure of service area for Permitted System

ATTACHMENT 2 – Indemnification Agreement

 

 

 

U:\staff\word\boardpacket\2009\20090921\PubHrng\19\item19_exh19d.doc

Prepared by H. Stern on 9/14/09