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HomeMy WebLinkAboutPRE 2021-0014; 4K APARTMENTS - SB 330; BIOLOGICAL RESOURCES TECHNICAL REPORT; 2021-05-05BIOWGICAL RESOURCES TECHNICAL REPORT 4K APARTMENTS PROPERTY CARLSBAD, CALIFORNIA TABLE OF CONTENTS 1.0 INTRODUCTION.............................................. 1 1.1 Purpose of the Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1.2 Project Location................................................... I 1.3 Project Description. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.4 Physical Characteristics of the Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2.0 METHODS................................................... 5 2.1 Biological Reconnaissance Surve;y.................................... 5 2.2 Coastal California Gnatcatcher. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2.3 .Jurisdictional Delineation.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2.4 Soils. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3.0 QUANTIFICATION OF EXISTING CONDITIONS.................... 8 3.1 Vegetation Communities and Land Cover Types........................ 8 3.1.1 Sensitive 1 lahitab... 8 3.1.1.1 DieganCoastalSageScrub. 10 3.1.1.2 Southern Mixed Chaparral. I 0 3.1.1.3 Non-native Gras:,land. 1 O 3.l.2 Non-Sensitive l!abital:,. 10 3.1.2.1 Eucalyptus Woodland.. 10 3.1.3.1 Disturbed Land... 11 3.1.3.2 Agricultural Land..... 11 3. l .3.4 Urban Developed. 11 3.2 Sensitive Plants... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3.2.1 I IMI' Covered Species. ! l 3.2.2 Narrow Endemic Species. 12 3.2.3 Special Status Plant Species Which May Occur Onsitc. 12 3.2.4 Special Status Plant Species Observed Onsite. 14 3.3 Sensitive Wildlife.................................................. 15 5.3. l Sen:,itivc Wildlife Which May Ocwr On~ite.. 15 5.3.2 Sensitive Wildlife Observed Onsite. 16 3.4 Jurisdictional Aquatic Resources..................................... 17 3.5 Wildlife Movement Corridors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4.0 EVALUATION OF PROJECT IMPACTS............................ 18 4.1 Thresholds of Significance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4.2 Impact Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5.0 AVOIDANCE AND MINIMIZATION MEASURES.................... 26 6.0 SUPPORTING DOCUMENTATION............................... 28 }'fanning S_V\'lems Joh .Vo. 2 I 041!7 April 5. 2021 figure 1 hgure 2 Figure 3 Figure 4 Figure 5 Figure 6 !'able l Table 2 Table 3 Table 4 Table 5 Table 6 BIOLOGICAL RESOURCES TECHNICAL REPORT 4K APARTMENTS PROPERTY CARLSBAD, CALIFORNIA LIST OF FIGLRES J ,ocation Map ... Vicinity Map .. Existing Vegetation & Sensitive Resources ..... . Previously Identified Occurrences of Sensitive Species ... Impacts to Existing Vegetation and Sensitive Resources Map ... Jurisdictional Impacts Map .............. . 2 3 9 13 20 23 UST OF TABLES Schedule of Surveys ...................... . Schedule of Jurisdictional Determination .......... . Vegetation Communities within the Impacted Property ... . Sensitive Plant Species Observed or Potential Occurrence ...... . Special Status Fauna Species with Potential to Occur Om,ite .... . Onsite Vegetation Communities and Impacts ....... . 5 7 8 12 I 5 19 f'lunning .':,)•stems Joh ,\'o. 2 /()./()7 April 5. 2021 BIOLOGICAL RESOURCES TECHNICAL REPORT 4KAPARTMENTS PROPERTY CAIH.SBAD, CALIFORNIA Appendix A Plant Specie~ Observed/Detected on 4K Apartment~· Property and College Roulcvard N011h Segment July 2016 Appendix B Wildlife Species Observcd/l)etccted on 4K Apartments Property and College Boulevard North Segment July 2016 Appendix C Juri~dictional Determination College Boulevard Reach A North Segment April 19. 20 l 6 !'fanning Svsrem.1 .Job :\o 210407 April 5, 2021 APPENDICES iii BIOLOGICAL RLSOl-RU,S TECl!i\lCAL RtPORI 4K AP,\RT\ltNTS PROPERTY CARI .SHA(), CAI .I FORI\IA 1.0 INTRODUCTION 1.1 Purpose of the Report This biological technical report summarizes the results of biological investigation conducted for the 4K J\partrncnts project and related off<;ite improvements, and describes existing conditions of biological resources, including on-site vegetation, jurisdictional aquatic resources, flora, wildlife, potential for special-status species to occur on-site and wildlife movement. The biological significance of these resources and potential for impacl from development of the project are evaluated, and rneasures arc recommended to avoid, minimize, or mitigate potential impacts consistent with the Cal!fiJrnia t:11viro111nental Quality Act (CEQA) and applicable local, slate and federal rules and regulations, including the City of Carlsbad 1-labi(at Management Plan (HMP). 1.2 Project Location Encinas Creek Apartments LLC proposes to develop the 4K J\partrncnts project, a 153-unit apartment project including a l,200 foot section of College Boulevard (College Boulevard North Segment) on a 7.52 acre property generally located south and easl of the present intersection or College l1oulevard and Cannon Road in the northeast quadram of the City of Carlsbad. See Figure I; l.ocation Afap. The prqject is located in the northeastern section of the City of Carlsbad, approximately 1.5 miles inland from the Pacific Ocean and lying north and east of El Camino Real. The 4K Apartments are proposed on the residentially-zoned property, located at 33.153909 degrees North latitude and I 17 .283652 degrees West longitude on the lJ.S. Geological Survey 7.5-minute series topographic San Luis Rey quadrangle map. Sec the aerial photograph of the property on Figure 2: Vicinity Map. The prope1ty is identified as APN 168-050-60-00, and is owned by Encinas Creek Apartments LLC. The property is somewhat isolated from existing urban improvements and contains no frontage on a public street. Therefore the project applicant also includes construction of the College Boulevard North Segment and approximately 450 linear feet ofa collector ::.trcet (Street 'A') in order to provide vehicular and utility access to the property. The property affected by the project, including access roads, to\als 13.88 acres. The property is within the Carlsbad llydrologic Unit as identified by the California Regional Water Quality Control Board. The Agua Hedionda hydrologic sub-arc drains the site westerly to Agua Hedionda Lagoon. The property slopes from a high point (elev. 160) at the southeastern corner to a low point (elev. 90 ft.) at the northwestern corner of the site. Surrounding land uses vary; including the Rancho Carlsbad community located west ofthe project, the Carlsbild Unified Sage Creek ! ligh School located north of the site, and vacant land planned for future residential and infrastructure development to the cast and south. The property is located within the limits of the Carlsbad Habitat Management Plan, which regulates open space preserve patterns through the protection ofhardline preserve area \Vithin the City. Within the context of this HMP, a hardline for the 4K J\parttncnts property was approved by the l!SFWS, CDFW and the City of Carlsbad in 2006. ·1 his hardlinl." demarcates the limits of development from the limits of habitat preserve. BIOLOGICAL RESQllRCES ·1 t('ll~ICAL RErORJ' 4K Ar AR I .\IENTS PROPERTY C'/\RLSBAU, C'ALIFOR:'IIA 1.3 Project Description The project applicant proposes the development of 153 multifamily apartment units in five, three- story residential buildings, plus a single-story leasing/activity building, with associated parking, utilities, and landscaping. Surface and single car garage parking spaces arc provided in close proximity to all of the units. Access to the site is proposed via two entrance points on future Street 'A', which stems off of the future College Boulevard temporary stub. The internal vehicular system is comprised of three driveways that encircle the buildings and provide access to the apartments units. The project will provide affordable housing, in accordance with an Affordable Housing Agreement and the City of Carlsbad Density Bonus requirements. Vehicular access to the site will he through construction of a portion of College Boulevard to provide connection from the existing intersection of College l:3oulevard and Cannon Road south to a proposed collector street (Street 'A'), to the 4K Apartments development site. College £3oulevard is designed to Carlsbad Major Arterial standards (4-lane, median, 102-foot ROW), and Street 'A' is designed as a collector street (2-lane, 60-foot ROW). Both streets will be designed with temporarily cul-de-sacs, as they are planned to eventually continue on to access properties further south and east. 1.4 Physical Characteristics of the Site The land area proposed for the 4K Apartments and access to the site are located in northeastern Carlsbad, within the Agua Hcdionda Creek Watershed of the Carlsbad Hydrologic Unit of the San Diego region. The Agua Hedionda Creek and its tributaries drain about 9 sqLLare miles from the foothills of Vista, into and through the central portion of Carlsbad, where it ultimately discharges into Agua Hedionda Lagoon and the Pacific Ocean at Carlsbad State Beach. The subject apartment property is characterized as relatively flat or gently sloping (from southeast to northwest), undeveloped vacant land, much of which contains fallow agricultural fields, and a portion of which contains native habitat. Little 1::ncinas Creek, a tributary to Calavera Creek and Agua Hedionda Creek, traverses the area from east to west just north of the 4K Apartments property and crosses through the area of the College Boulevard North extension. The College Boulevard North Extension travels from the pre:;,ent intersection of College Boulevard and Cannon Road, in a southeast direction, to accommodate a future connection at I::! Camino Real. approximately one mile south. This extension crosses through the eastern end of Rancho Carlsbad Mobile Home Park and through a short section of native hillsides and agricultural fields. At the approximately 1,200 foot mark southerly Crom the College and Cannon intersection, Street 'A' is proposed to extend easterly off of a temporary College Boulevard cul-dc-.sac to provide access easterly onto Street 'A' and into the 4K Apartments property. The subject property contains a number of single-lane dirt agricultural and utility service and access roads which are heavily utili:ted by both off-road automobile.sand, more recently, by sporting trail bicycle enthusiasts. These automobile routes and recreational uses have also impacted portions of the property. P/annin:;; Svs1em.1 .Job ."lo. 2 J()-1()7 April 5. 202 ! 4 BIOLOGICAL RESOl RCES TECH"l!CAL RF.PORT 4K Al'ART.\1[NTS PROPERTY CA RLSl:IAU, CAI.IFORI\IA 2.0 METHODS Prior to the field investigations conducted by Planning Systems, a review ofthc existing biological resources within the vicinity of the 4K Apartments and College Boulevard North Segment property was conducted using the Caliromia Natural Diversity Data 8ase (CNIJIJB) (CDFW 2015), ljSFWS occurrence data ( USFWS 2015), and California Native Plant Society (CNPS) (CNPS 2015). The Carlsbad HMP was also reviewed with respect to species covered by this plan and the location of hardlines. A previous biological report for the property, Biological Resources Report and Impact Analysis for the Holly Spring, Pro;ect by RECON, dnted rcbruary 8, 2003 and the Merkel & Associates, College Boulevard Reach A Biological Resources Report, dated March 19, 201 0 were also reviewed. The purpose or the review of this infom1ation was to determine if sensitive habitats, or special-status plan( and wildlife species were known to inlw.bit the combined project area, and what resulting com,traints these inhabitants might have on the property. 2.1 Biological Reconnaissance Survey Biological surveys were conducted during the period from July 14 through July 28, 2016, as shown on Tahle 1. The field surveys covered the entire area shown on Figure 2, plus a 100-foot mapping buftCr around tl1e perimeter. Surveys included vegetation mapping, a wildlife survey and focused surveys for coastal Cali!Ornia gnateatcher (Polioptila ca!{fc;rnica califc1rnica). T-thle 1· Schedule of Surveys . . Date Time Personnel Focus Conditions Friday July 9:00 AM to Greg Evans Vegetation mapping 72 degrees start 79 15,2016 2:00 PM Eddie Nava degrees stop; clear skies, Vcn1 lioht breeLe Monday July 9:00AM to Greg Evan5 Vegetation mapping 71 degrees start; 82 18, 2016 2:00 PM degrees stop; clear skies, li2ht wind throuuhout Tuesday July 8:30 AM to Carolyn General wildlife 72 degrees start; 77 19, 2016 12:00PM Martus survey; CAGN degrees stop; clear skies, nrcsence/abscnce light wind throui;rhout Wednesday 9:00 AM to Greg Evans Vegetation mapping 73 degrees start; 8.1 July 20, 2016 2:00 PM degrees slop; clear skies, Calm throuohout --Wednesday 3:30 PM to July 20, 2016 8:00 PM Thursday July 5:00 AM to 21, 2016 1 l:00A,\1 friday July 5:00 AM to 22,2016 11:00AM Tuesday July 10:00 AM to 26,2016 3·00 PM I • !'Imming Si.1·1ems Joh /\/r, 210./(!7 /1pri/ 5, 202 I Carolyn General Wildlife 81 degrees stait; 73 Martus survey degrees stop clear skies, !i0 ht wind throudwut Carolyn General Wildlife 65 degrees start; 79 Martus survey degrees stop; clear skies, li12.ht wind throul!:hout Carolyn General Wildlife 64 degrees start; 79 Martus survey; CAGN degrees stop; clear skies, nresencelabsencc liP-ht wind throtwhout Greg Evans Vegetation mapping 75 degrees ~tart; 8 l degrees stop; clear sk ics, Ven1 l i oht breeze 5 IUOLOGIC'AL RESOl'RCES ·1 EC'll:\IC:\L RErOR I 4K Al'A1Hi\1El'•d S PROPERTY C\Rl.SBAD, CAI.IFORNU Wednesday, 9:00AM to Greg Evans Sensitive species 73 degrees start; 74 July 27, 2016 11:00AM mapping degrees stop; clear skies, Verv lil!hl breeze Thursday, 9.30 AM to Greg h'ans Sensitive species 71 degrees start; 80 July 28, 2016 1:00 PM mapping degrees stop: clear skie~, Calm to lii:rht brceLe The survey visits included the following elements: • \!lapping of habitat types: • A directed search for special-status plant and animal species with potential to occur within the surveyed area; • A general inventory of plant and wildlife species; • Eva I uation of suitability of habitat for specia!-statw, resources identified during the literature search; • Preliminary identification of areas that may be considered wetland or non-wetland waters of the U.S., as defined by the U.S. Army Corps of Engineers (USACE) and the COFW; • Notes on other pertinent features or conditions of the site. Vegetation communities \vere mapped by the biologists in the field directly onto a 200-scale ( 1 inch = 200 feet) false-color digital orthographic map of the property (Google Earth 2016). A Trimble R2 GNSS handhc!d sub-meter receiver \Vas used to verify locations as necessary. Tl1cse boundaries and locations were digititcd using TcrraFlex and AuloCAO software. Vegetation community classifications used in this report follow Holland ( 1986) and Oberbauer et al. (2008). A list of plant species observed on the property is provided in Appendix A. 2.2 Coastal California Gnatcatcher Wildlife species detected during the field surveys were recorded. Binoculars (]Qx42 power) were used to aid in the identification of observed wildlife. and any special-status species observed or detected were mapped. In addition to species actually detected. expected wildlife use of the site was determined by known habitat preferences of local species and knowledge of their relative distributions in the area. Presence/absence surveys for the California Gnalcatcher (Po!iopli/a cal//Ornica cal/fi.1rnica) were conducted. All other species detected during SLLrveys were recorded. A list of wildlife species observed on the property is presented in Appendix B. 2.3 Jurisdictional Delineation A Wl:tlandjurisdictional detennination was conducted ror the College Boulevard North Segment. The jurisdictional delineation analysb in the Final Environmental Impact Report (E!R) for the Calavera Hills Master Plan Phase II. Bridge and Thoroughfare District No. 4, & Detention Basin. 2001 (SCH #99111082) was reviewed for designated drainages, vegetation and wetlands. Further, the College Boulevard-Reach A Biological Resources Report, by Merkel & Associates, Inc., March !9, 2010 was also reviewed for the similar information. Dming the fieldwork for the jurisdictional delineation, the data were recorded using a global positioning system (GPS) llnit with submeter accuracy. The results of the jurisdictional delineation are presented in a separate report titled Jurisdictional Determination Report for the College Boulevard Reach A North Segment. A copy of this report is presented in Appendix C to this report. f'lmmin,; Sr:,Nm.1 Job ·"·o. 2 I l).J()7 ~pri/ 5. 2021 6 BIOl,OGl('AI. RLSOl'RCES TECHNl('.\L REPORI 41( APARTVIE!\TS PROrERn CARLSfUO, CALIFORNIA The design plans for the roadway \vcrc reviewed and construction impact mca defined for the jurisdictional delineation. The Little Fncinas Creek chann<.:1 \\·ithin the construction area for the College 13oulevard North Segment is indicated as a fragmented blue line stream on the USOS Map. An additional survey was conducted on April l 9, 2016 by a Planning Sy~tems' regulatory specialist to determine, identify and survey potentially-jurisdictional area~. Tahle 2 indicates the field investigation for the jurisdictional determination for the College Boulevard crossing of Little Encina~ Creek. Table 2· Schedule of Jurisdictional Determination Date Time Personnel Focus Conditions Tuesday, 8:30 AM to Paul Klukas Jurisdictional 71 degrees stm1; 80 April 19, 4:30 PM Determination degrees stop; clear skies, I 2016 lij.;hl wind throu,,hout The scope of the pro_jectjurisdictional delineation assessment was within a very limited area in which College Boulevard North Segment is proposed to be constructed. The construction limits traverse existing Little Encinas Creek, which consists ofa relatively narrow_ well-defined drainage, traveling cast to west, with relatively steep banks and no surface water. The roadway plans show the Little Fncinas Creek to be placed into a culvert under the roadway. No other _jurisdictioncil areas were identifkd within the arec1 to be impacted by the development. 2.4 Soils The project development site has been mapped b} the Soil Conservation Service (SCS). Their information indicates that the soils on the propert~ consist of; • Ronsall sandy loam (Bl [2), which i~ moderately well drained, shallow to moderately deep sandy loams, generally used for range and watershed; • Cieneba-fallbrook rocky sandy loam (CnE2), which is excessively drained, very shallow to shallow coarse sandy loams, generally used for rnngc and watershed; and • J luerhuero loarn (! !rlJ and llrl::2), which is moderately well drained loams with clay subsoil; generally used for range, truck crops. tomatoes and flowers. ·1 he broad Encinas Creek valley across which the short section of College Boulevard will travel consists largely of; • Tujunga sand (Tu13), which is very deep, excessively drained sands formed on f1oodplains and alluvial fan~. generally used for range with small areas used for avocados, flowers and truck crops. !'/anning Svstems Job .Vo. 2//J.Jn7 Aµri/ 5. 2021 7 11101.0{;JC,\l, RESOl'RCES T~CIINl(',\L REPOIH ~K 4PARTl\1Ei\TS !'ROPER l'Y ( ARLSB.\O, ('Al.lf<'ORi\L\ 3.0 QUANTIFICATION OF EXISTING CONDITIONS The area of proposed impacts supports a variety of vegetation communities and !and covers totaling approximately 13.88 acres. General vegetation communities and land covers observed during the surveys include Dicgan coastal sage scrub, Southern mixed chaparral, Non-native gras::.land, Agricultural land, [ucalyptus woodland, Disturbed land, and Urban/developed lands. This mapping includes two (2) native upland habitats, zero (0) native wetland habitats, and five (5) non-native or disturbed land covers. For purposes of this report, vegetation communities have been identified in accordance with I !olland and Obcrbauer (2008). 3.1 Vegetation Communities and Land Cover Types The vegetation communities observed within the impact area are described below. Table 3 presents a breakdown of the acreages for each vegetation community broken down for the 4K Apartments lot and separately for College Boulevard and Street 'J\'. The total acreages identified is also provided. The distribution of vegetation communities and land covers on the property are depicted on Figure 3; Vegetation Communities wirhin !he Impacted Property, and arc quantified on the following table. Table 3: Vegetation Communities within the Impacted Property Sensitive llahitats Code 4K College/ Total Anartments Street 'A' Diegan coastal 5a)!:C scrnh 32510 l.21 0.57 1.78 Southern mixed chaparral 37120 0.52 0.00 0.52 ~--------------------- Non-native l!rassland 4?200 0.63 0.41 1.04 Non-Sem·itfre Habitats Eucabmtus woodland 79100 0,04 0.06 0.10 Disturbed land 11300 0.16 0.26 0.4? Agricultural land 18310 4.96 4.61 9.57 ---------------~ ~· Urban/Developed 12000 0.00 0.45 0.45 TOTJ\L 7.52 6.36 13.88 3.1.1 Sensitive Habitats Sensitive habitats are identified as; ( l) habitat tyres recognized by local and regional resource agencies as special status as defined in the Carlsbad HMP; (2) habitat areas or vegetation communities that arc unique, are of relatively limited distribution, or are of particular value to wildlife: or (3) wildlife corridors and habitat linkages. Sensitive habitats cover less than 25% of the land cover of the affected property. The sensitive habitats identified within the project site arc described in the section below. Plwmin,; S;stems Joh Yo. 210-107 ,1pri! 5, 202 I 8 H!OL0GI( ,\L RESOI 'RCLS TEOIJ\'IC.-\L REPORT 41\: AP.-\RTi\lF::\'TS PROPER"! Y CARI.SIJAJ), CAI.IF0Ri\L\ 3.1.1.1 Diegan coastal sage scrub (Code 32510) Diegan coastal sage scrub (DCSS) is a relatively low-growing, soft-woody subshrub community that is approximately three to four feet in height and most active in winter and early springtime. \1any of the taxa within this community are facultative drought deciduous. Diegan coastal sage ~crub typically occurs below 1,000 feet and is frequently dominated by coastal s<1gebrush (Artemisia cal{fornica). DCSS is found on I .21 acres on the northwest facing slope of the 4K Apartments property and 0.31 acres of a small steeper slope within the College/Street 'A' extension property. Onsite, coastal sagebrush b dominant, and Lcmonadeberry (Rhus integri/iJ!ia) is a primary sub-dominant. Other sub-dominants on the property include flat-topped buckwheat (Frior;onum,ff.1.w:iculatum var. _fl1scicula1wn), and California adolphia (Ado!phia californica). 3.1. l.2 Southern Mixed Chaparral (Code 37120) Southern mixed chaparral is ,1 vegetation community that has greater than 70% ground cover attributable to evergreen sclerophyllous shrubs and drought-deciduous malacophylous subshrubs with no single species contributing greater than 50% of the cover. Plants in this community include laurel sumac (l'vfalosma laurina), lemonadebcrry (Rims inlegr[fhlia). coast live oak (Quercus agrifi_Jlia). chaparral bushmallow (Ma!acothamnusji:t.w.:iculatus), black sage (Salvia mdlifera), coast monkeyflower (:ifimulus m1ran1iacus), toyon ([le!erom!!les arhutzj<J/ia) and some other sage scrub associates. Onsite, Southern mixed chaparral is found on the extreme north end of the property, on 0.52 acres of the eastern part of the north-facing natural slope. 3. I. U Non-native Grassland (Code 42200) Non-native grassland is dominated by non-native grasses, mostly originating from the Mediterranean region, and growing on areas witl1 a history of agriculture. Although this community is made up of non-native vegetation, the community is considered of value to wildlife as generally high-quality foraging territory. On~ite. approximately 1.04 acres of the project area is covered with non-native grassland. The onsite non-native grasslands contain the presence of indicators Avena, Brom us. l::rcx:lium, and Bras~ica. It is dominated hy one or several non-nati\C. invasive broadleafspecies .. where historical disturbance and nearby seed sources have resulted in the cstabl ishment of extensive and persistently dominant non-native broadleafspecies. These species include Brome grass (Bromus sp.), tumbleweed (Salwla tragus). short-pod mustard (Hirs/eldia incana), tocalote (Centaurea me/itensis), doveweed (Croton setiger). and others. 3.1.2 Non-Sensitivl' Habitats 3.1.2.l Eucalvptiis Woodland (Code 79100) Eucalyptus woodland is found in two small, isolated patches totaling 0.10 acres in total. Eucalyptus woodland onsitc contains little or no shrubby understoiy. Few native species arc present within these small forests. On::.ite. the [:ucalyp!us woodland species includes red river gum (Hucalyptus camalduiensis) with an understory primarily ofleaflitter. f'kmni11g SiM~mo Job :Vo. 210-107 April 5, W21 10 BJOLOGIC\L RESCHIRCES TECll'\JCAL REPORT 4K ,\J'AlffMEI\ rs PROPERTY ('ARLSRAD, C.\l,IFOR.',JA 3. J .2.2 Disturbed Land (Code l 1300) Disturbed habitat refers to areas characterized by predominantly nonnative species introduced and established by human activity. to the degree that they arc no longer recognized as naturaliLed or native \"egetation. These areas arc not typically anificia/!y irrigated, but receive water from precipitation or natural runoff This designation includes highly compacted ground devoid of vegetation and the monotypic pockets of native plants surrounded by nonnative species. Onsite, approximately 0.42 acres of the site is considered Oisturbed land. The disturbed habitat consists primarily of the dirt utility service road traversing the apartment property. and the embanked slope supporting existing Cannon Road at the existing intersection. Non-native species in the disturbed habitat include crystalline iccplant (Afesembryanthemwn crysta!linum). red-stem fi!aree (Erodium cicutarium), and other pioneer species. Native species are scattered within the disturbed habitat in very low numbers including fascicled tarweed (Deinandra jOsdculata) and white-margin sandmat (Euphorhia albomarginata). 3 .1 .2 .3 Auricullurn! Land (Code Jg:; I 0) Agricultural lands consist of land cover which is presently or has recently been under agricultural production. Onsite, agricultural lands cover the majority (4.96 acres) of the 4K Apartments site and 4.61 acres of the College/Street 'A' extension. Although row crops are planted and harvested regularly, Non-native grassland vegetation and native recruits have begun to re-establish in some areas. Non-natives present include Short-pod mustard. (Hir.w.:hfe!dia incana) common sow-thistle (_,\'onclms oleraceus ), Brazilian pepper tree (Sch in us terehinthi/iJ/ius). and non-native gra~scs. 3. 1.2.4 Urban Developed (Code 12000) Approximately 0.45 acres of land within the College Boulevard North extension is developed with asphalt driveway improvements, park Ing areas, landscaping and grassy area adjacent to the Rancho Carlsbad community tennis couns. 3.2 Sensitive Plants 3.2.1 HMPCovered Species HMP Covered Species are those species for which take authorization ½ill be provided by the City because long-term viability was dctem1ined by the Resource Agencies to be adequately maintained under the 1--lMP preserve design. The results of the literature review indicate !lie potential occurrence of 12 fl\tlP Covered Species in the vicinity of the project. Based on the results of historical biological surveys in the area, two ofthesc plant species (Thread-leaved brodiaea and Nutall's scrub oak) and three wildlife species (Coastal California gnatcatcher, Southern California rufous-crowned span·ow and the Orange-throated whiptail) were determined to have a moderate or higher potential of occurring within the impacted property due to the presence of suitable habitat and historical observance in the area. Of these, only two isolated Nutall's scrub oaks were identified during the 2016 site surveys. Both of these oaks arc not located within an area proposed for any development, but rather are within the JOO-foot mapping buffer around the perimeter of1!1e development, amongst the Southern mixed chaparral habitat on the north side of the apartment site. No other HMP covered species was observed on !lie property. Plon11ing S)"s!fms Job ;\'u. 2 /OH!l April 5, 202 f II 3.2.2 '.'/arrow Endemic Species BIOI.OGIC\I, RES()! IH'ES TECJII\IL\I, REl'OR I 41.; Al'ARTl\lE.'\ rs PROPERTY (',\RI .SB,\D, ( .Al .]FOR'.\J .\ !\arrow Endemic Species arc those species with restricted geographic distributions, soil affinities and/or habitats. and, for purposes of the /IMP, species that also have important populations within the I IMP area. and that substantiul loss of these populations or their habitat within the HM!' area could jeopardize the continued existence or recovery of that species. The results of the literature review indicate the potential occurrence of 14 Narrow Endemic Species in this area. I !owever, based on the results of the biological surveys, none of these species were observed to occur within tile specific project impact area. 3.2.3 Spedal-Status Plants Which :\fa~, Occur Onsitc The results of the literature review conducted prio:· to the field surven indicated the potential occurrence on the site of six (6) plant _c,pecies and iive (5) wildlife species listed as Threatened or Endangered at the Federal and/or State level (hereafter referred to as listed species). rhese are listed among the I IMP and l\'arrow Endemics identified in the fol lowing two tables. A map of previously identified occurrences of sensitive species in the area is provided on F1);11re 4. Special-status plant species considered in this report are those that are; (a) listed by federal and/or state agencies, propo~ed for listing as threatened or endangered. or listed as candidate species; or (b) listed in the Carlsbad IJMP. The potential for special-status plant species to occur on site was evaluated based on previous documentation, the elevation, soils, vegetation communities, and level of disturbance of the site. as well as their ~talus and distribution in the vicinity of the project. Based on the results of the biological surveys, none of these special-status species were observed within the impact area during the survey, and only one (I) plant species, t,vo specimens of Nutall's scruh oak (Q11erc11s dumom), ,verc observed within the 100-foot perimeter mapping buffer. These oaks will not be impacted by implementation of the project. Several small specimens of Spiny Rush (Juncu,· acut/1.\) were observed in the sandy. dry, Liule Encinas Creek stream bed, however this species is not considered Special Statu~. It is however, Jepson listed and also recorded on the California Native Plant Society Rare Plant list. Table 4· Sensitive Plant Snecics Observed or with the Potential for Occurrence ' Scientific I Common Name ~ame Adolph/a C aliforni,1 rn/ifomi('u adolphia Acanthom/111/ra San Diego ilici/ulia tburnmin1 A. gl"ndrilosa Del Mar ssp Crassifo/ia manzanita !Jacchari.1 Encinitas \'(11/(SSUC 0accha1 is Brod/(lea Thread-leaved jilifoliu hrodiaca Pla1111111gSp·tems Joh .\'o. 2/().1(}7 April 5, 21121 Federal State Status Sta tu~ l\'/A CNPS 213.1 FT Sf-. FE C\JPS 11-l.l n Sf' Fr SE H\1P Narro,~ Potential to Occur Covered Endemic Onsitc N" N" O0servcd offaik (north or the apartment site} in I Diegan coac;tal ~ag<c scrub. \Jot ob~crvcd onsik. ' '" Yes Low. Occurs in clay soils "hich arc not generally present on the ,ik. \Jot observed onsite. Ne Ye~ I.ow. Occurs in Southern mariti111e chaparral. No, ohscrwd onsitc. N" Yes Low. Could occur in Soulh<crn mixed chaparral. l\'ot observed onsi1c. Yes Yes Moderate. Ocrnrs in cla} ,oib in grnssland~. Not obsentd onsitc. 12 -------- BrodiMa Orcutt', ()1"('11/11/ brodiaea ' ('emwl/ws Warl-~kmmed Vl'r!"JIC0,\'11.\' ceanotht1, ~ ----('orcthrogvne -~ Del Mar mesa Jilo;;i'11,jofw 1'111: sand aster lini/o!w D1cfw11dro Vvc,tcrn o,·cidcntalis dichondra ~ ------- fJudlc_m 1-\lochman's h/m·h111ilt1iae dudlc)a f)ud/n() viscida Stid.} dudle~a ----F11p/w1·bia Cliff ,purge m1:1·eru f'erocouu, ':>an Dici!u 1·iridenscr11s barrel rnctu, f fazanlri, Orcutt's orcut1i1 hazurdia hahawsiww San Diego mar~h elder ----:,'aw1rretia Spread in!! (u,~11/is na\·11rretia Q11f/( II\ dumo1,rl '\Jull.ill's scrub lMk ----~---Ir= ~edcrall; Lndangcred FT l·cdnallJ Thrcate11ed ------ ------- 1\/A ('NI'S Ill.I N/A CNl'S 2B.2 BJOLOG!CAL RES0l1RCES I ECll...,-IC\L REPORT 4K AP,\R fl\IE:'\'[ S PROPJ::lH\ C:\RLSBAD, CAI .I FORNI.-\ ---~-------- ]\() Yes Modernlc Ocrnr~ in Native or Non-native gras~lamls with cla; soik \iol observed unsite. N<> '" Low. Occurs in Sonthcm mi.,cd or Chmni,c ~-haparral. '-Jot obscrwd 011,ile. -------------~ ----N/-\ ( '\JPS \I() Ye, Moderate. Could ocrnr in \fl.I Diegan coa.,tal sage scrub. Mixed d1aparrnl. Not obscrvcJ onsitc. '-J.' " Cl\l'S '" N" OIJ<,erveJ during: pr~vious 4.2 ,u1vey. Not obst:rvcd -------onsitc <luring thi, at!ncy. !\IA CNPS Ye, Yes ~fodcrate. Occur, in lB.l Dicgan coastal sage sc1ub. '-Jot oh,cned onsitc. NIA CNl'~ N<> LOI\. Occurs in Diepm I ll.2 coa,tal s11gc scrub (111 north facing: slope,;_ l\ot ob>ened onsile. ---NIA CNPS Yes No Lu". Occurs in Dicgan .m2 coastal Sllge scrub with sand; ,oil. Not ob~erved on~ik. '.',Ji t\ CNPS '" N" Moderate_ Occurs in 2B. I Mi~ed chaparral, Diq;an coastal sage scrub. Not observed onsitc. II ST Yes Yes I.ow. Occurs in ~parse Chamisc chaparral. l\ol ubserved omite. :-I/A CNPS No '" Moderate. Occur, 211.2 gcncrall:,-in wetlands. '\lot obsencd onsitc. -------------FT C'\JPS No "lo Low. Occurs in vernal 1 B. l pools and l)larshes. l\ot oh,cn·ed onsitc. l\iA lNl'S Yes "lo Ob~ervcd offsitc {nonh or I Fl I the apat1mt:l\1 site) in SE= S\akf;:;Jangc:cd --------,---:---Southern mixed chapar_ra.!:__ Yes= Cu,crcd by Carlsbad I IMP s·1 Stak ·1 hrcmcn~J ------------------------ 3.2.4 Special Statm, Plant Species Ob~cn-·ed Onsite A total of 82 plant species, consisting of 42 native species and 40 non-native species were recorded during the vegetation mapping effo1t. Appendix A includes a cumulative list of plant species observed on the site including rare p!anb, recogni/ing that this list only incorporates tho5e species observed during the vegetation mapping period. Special .stntus plants arc also indicated on Appendix A. '\Jo special-status plants were identified on-site dLiring the vegetation mapping conducted in 2016. Two specimens of Nutall's scrub oak (Querr..:us dumosu) were identified off site (north of the site) within the Southern mixed chaparral habitat. l'/am1i11g .\v1tems Joh .\'u. 21()4()7 ,1pril 5. 202! 14 3.3 Sensitive Wildlife BIOLOGIC\L IU.SOilRCES TU'IH\IC\l, REPORT 4K Al'ART:\IEXl'S PROl'l·.R rY C\RLSl:lAll, C\LIFOR'\IA The results of the literature review indicate the potential occurrence of four listed species and 12 other special-status wildlife spt:'cies. None of these 16 special-status w ildli re species, were observed during the 2016 surveys. The remaining special-status species identified by the litera\Llre review have a low potential to occur due to the absence of suitable habitat. A wildlife list indicating animals observed during the survey is included as Appendix B to this report. 3.3.1 Sensitive Wildlife Which May Occur Onsite Local. state, and federal agencies regulate sensitive species and require an assessment of their presence or potential presence to he conducted on site prior as part of any biological technical report. For the purposes of this document. specks will be considered sensitive if they are: ( l) listed as rare. endangered or threatened by the federal or stilte regulatory agencies; or (2) included on the City or Carlsbad draft HMP or MHCP list of species evaluated for coverage or list of narrow endemic plant species (City ol'C:arlsbad (2004). A list of special statll.', animals with the potential to occur on-site are as follows. Table 5 Special Status Fauna Snecies with Potential to Occur Onsite .. ' Scientific Name Common :\'ame Butterflies Luphyes ves!ris Quino checkcrspot I harh1soni butterfly Reptiles /Jspidosce/1s Orange-throated h_'r'{1erythra whiptail hcldin>!i Uchunura Coastal rosy boa ttivilxatu l'hiyno.1·umu San Diego t!omed corona/um Lizard b/(linvil!t'i f'IE:stiodon Coronado Island skiltonianus 5kink Birds Accipiter cooperi Cooper's hawk Aimophi!a Southern ruficeps canescens California rufous- crowned sparrow l'/um1111i; Si·.,1~111:, Joh .\-o. :! /()./()7 A/ml 5. 2021 I I Federal Status f·E Nii\ )\;,IA ]\;//\ N/i\ I N/A '\J/A State Status IIMP Potential to Occur NIA Yes '\one. Larva! host plant (Dot- seed plantain) not ohservcd on- ~itc. No recent observations have occurred in northwestern San Diego County. SSC Ye~ I Moderate. Occurs in Grassland , and Diegan coastal sage snub habitats. Not observed onsite. SSC 'lo Low to moderate. Cornn,only occurs in Dicgan coastal sage scruh with rock outcroppings. !\one observed onsitc. N/A Yes Low to moderate. Inhabits Diegan coastal sage scrub and grasslands. '\Jot observed during survevs onsitc. SSC So Moderate. Found in Diegan coastal sage scrub and areas with I sufficient leaf litter to provide shelter. '\Jot observed onsite. SSC Yes Moderate. Forages in Diegan coastal sage scrub. Low potential for nesting onsite. None observed onsite. SSC Yes High. Obsen·cd in previou~ survey however not ob5ervcd onsite duri1w reccnt_survey. 15 Scientific :'lame Common Name I Federal •. Status .lmmodramus Grasshopper T' saw111m1r11111 sparrow ---· ---· Circus cyane11s '\lorthcrn harrier N/A t:mpidunux t1·ai!lii Southwestern Fl:' exli11111.1· willow flycatcher Icier/a virens Yellow-breasted '\JI,\ chat Po!iopti/a Coastal California H m!ijiJ,·nica gnatcatcher ca/i{omica I "ireo be/Iii Lea,l Aell's vin:o l·'E p11si/!11s I Mammals Lepus caf/(urnirns San Diego Alack-NIA bennettii tailed Jackrabbit ('haerndipus San Diego pocket :--1..-A fiJl!w: ' mouse _A,"eu/oma lepida San Diego desert '\/A inlermedia woodrat BIOLOGIC\!, RESOl'IKES TECH~IL\L IU.l'ORT -IK Al'AKI :\IEYrs PROPER"!' CA RLSBAIJ, L\I.IFORNIA . State IIMP Potential to Ch-cur Status SSC Yes 'v\o<lcrate. Pri:fcrs Nativi: gras,land~ dominated by ~ bun.i:hgrasscs. '\lot detci:ti:d ons1te. . . NIA Y Low to moderate. lligh possibility of foraging due to foraging habitat onsiti:. ],ow ootential to nest onsite. SL Ycs Low. Nests in tall, densc riparian vegetation. l\ot observed onsite. SSC Yes Low. Onsite habitat not suitable. '\ot observed on,ite. s·1 Yc, ! ligh. Inhabits coastal sagc scrub. l\01 obscrved onsitc SE Yes Moderate. Inhabits riparian I woodlands inducting Southern willow scrub. .'\Joto bscrved onsitc. SSC 'fo High. Observed in previous survey however not observed onsite durin_g recent surve1'. SSC Yes Low. Prefers open, sandy land witl1 weeds. '\lot observed Oll'iite. SSC: No Low. Ncsb typically observed if I present. 'l\:ot observed onsite. l· L:: --Federally Endangered SSC~ Statc Species of Special Concern 3.3.2 Sensitive Wildlife Observed Onsite As indicated in the table above. no special statw, wildlife species were observed during the 2016 surveys. Rirds observed but not considered sensitive within 1he Diegan coastal sage scrub and Southern mixed chaparral includes; California quail (Callipep!a calijbrnica), Anna's hummingbird (Calyple cmna), Bewick's wren (f71yrorna11es bnricki1)_ wren(it (Chamacea fl1.1·ciata), California towhee and sponed towhee (P rnaculates), and house wrcn Cfroglodytes aedon parkmanii). Mourning dove (Zenaida mm:roura mar;:;inr!lta), was commonly observed within the native and non-native grasslands. The Cliff swallo\\· (ffir1111do pyrrhona!a) and Common raven (Corvus corax) were ob~erved flying over the property. Raptor'.o regularly observed on the site include red-tailed ha\.vk (fJu!t'o_jamaicensis) and Amerirnn crow (Corvus hrachyrhynchos). Minimal nesting habitat is present on site for these and other raptor .<,pecie~ on the 4K Apartments and College Boulevard North properties. The San Diego black-tailed jackrabbit (Lepw· californicm· benneltii) and the California (iround Squirrel (Otospermophilus beecheyi) were observed on the site. Evidence of Coyote (Canis !atrans) was evident based on the observation of scat. Squirrel burrows were observed in several areas of the site. No other evidence of mammals was observed during the survey. P/unni11g Sptem.1 Joh .Vo. 2 f()-1()7 ,lpn/ 5. 202 I 16 ~ 3.4 Jurisdictional Aquatic Resources IIIOLOCICAL RES()l IRCI::s rECIINK'AI. REPORI 4K AP,\RT!\lEi\ rs PROPLJHY (',\RI.SHAD, CALll'OHI\IA A juri~dictional determination was performed for the extension of College 11oulevard North Segment (Planning Systems. Jurisdictional Determination for the Construction of College Boulevard Reach A '.'-Jorth Segment, May 5, 2016). This ephemeral stream (Lit!lc Encinas Creek) exhibits clear bed and bank characteri~tics and i~ tributary to a navigable body ohva\er (Calavera Creek to Agua Hedionda Creek to Agua f kdionda l .agoon, and thw, is not "i~olated". \lo hydrophytic vegetation, hydric soil or wetland hydrology was observed within this streambed, and thus no jurisdictional wetlands are present in this location. impacts to this non-wetland jurisdictional stream bed wi 11 occur due to construct ion of the north segment of College Boulevard. fhe balance of the project does not impact any wetlands or waters of the lJ.S. or State. The jurisdictional delineation deterrn i ned that a total of 0. 12 acres of jurisdictional non-wetland waters ofthc U.S. and State exist within the College l:foulcvard extension to Cannon Road and will thus be directly impacted by com,truction of College Roulevard. These jurisdictional waters are associated with the installation of a culvert under the road½ay to accommodate drainage within existing Little Encinas Creek. an ephemeral stream flowing from east to west, north of !he apartment development site. No other jurisdictional aquatic resources exist within the project area. ·1 his determination is attached as Appendix C to this report. 3.5 Wildlife Movement Corridors The City of Carlsbad HMP is an approved NCCP subarea plan. addressing potential impacts to native and sensitive species and habitats while providing mitigation options in the form of conserved lands that satisfy the habitat-protection requirements of the Federal ESA and California ESA. The HMP provides for open space connectivity that is conducive to animal movement, allowing animals to access significant areas for foraging. hunting and water source:,. In addition, these protected habitat corridors allow the dispersal of individuals away from high human population areas and facilitate the exchange of genetic traits between populations. Thus the ! IMP preserve is a network of large blocks of open spaces with interconnecting linkage:, which ~erve to benefit the animals which live and utilize these areas. Focus Planning Areas consisting of large blocks of habitat (Core Areas) and connections between these areas (Linkages) are i<lentified throughout the City in the Carlsbad HMP based on the exi~ting distribution of vegetation communitie~ and sensitive species. This program has resulted in the adoption ol'hardline areas. which arc designated as permanent open space. ·1ake ofthe habitat on the remaining portion of a property, including the 4K Apartments propert;, i:. authori,.ed. I'/nnning ,':,)•,·1un1· Joh .\lo. 2 1 ().J(!7 April 5 2021 17 BIOLOGIC,\L RFSOl-RCES TEUl'IICAL REl'ORI 4h. Al'ARI MENTS PROl'ERI \ CARLSBr\h, CALIFORNIA 4.0 EVALUATION OF PROJECT IMPACTS 4.1 Thresholds of Significance fhe environmental impacts relative to biological resources are assessed using impact ~ignificance criteria contained in the CFQA at Section 21001 (c) of the Public Resources Code. According to Appendix G of the Staie CEQ/\. Guidelines, a significant impact to a biological resource would occur if implementation of the project would. a. Hal'e a substantial adn:r.1·c effi.'c/, either dir<'ct(v or thmuuh habitat modijiculions, on a .1pecies id.:11/ified as a candidate, 1·ensilil'e or special .11a1us species in local or regional plans, policies or rexrdations, or h_v the C!JfTV or the US/< WS; b. flave a substantial adverse efjecl on any ripariun habitat or sensilii'l' natural communiry identified in local or rexional plans, policies, and regulations or hy CDV/-V or USFWS; flave a s11hs1antia/ adrerse efjec1 on fCderally pmlected wetlands as defined hy Section ./04 of' !he ( 'lean ~Vil/er Act (including, but not limited to, marsh, ripa,·ian scrub, etc.) through direL'I removal, Jil!i11g, hydmfor;icol interruption or or her means: d Interfere suhstantially with !he movement r!f'any nalive residenr or migrato!yfish or wild lifi: species or wilh established native resident or migratory wildlife corridors, or impede the use of native wi!dl!fi! 11ur.1wy sites: Conjlic1 -.,,,;i/h any local policies or ordinances pro1ecti11g biological resources, such as tree preservation polh)' or ordinance; or j Conflict with the provisions of the draft C'i1y of Carlsbad HA1P. NCCP or olher ilf!proved local, regional or state hahitat conservation plan. 4.2 Impact Assessment a. Will the project have a substantial adverse effect, either direct~r or through ltahitat modijicatiom;, on a !c>pecie1,; idelllijied flS a candil/me, sen.\·itil-e or .\peciai status .1·pecies in local or re,:iona/ plam, policies or regulations, or hy the CDFW or the USFWS? Direct Impacts. Although there is no record of direct observation of California gnatcatchcrs on the project site, this species is known to occupy open coastal sage scrub habitat that is dominated by coastal sagebrush, similar to that observed on the property. /\.s such. thi~ species could he directly impacted hy loss of suitable habitat for roraging or nesting. The proposed development will respect the adopted hard line for the property. Since the project is in compliance with the requirements of the I livlP, and no gnatcatchers have been observed to inhabit the property, it is determined that no significant impacts to this wildlife species will occur. Precautionary avoidance measures, in accordance with the criteria identified in the Carlsbad H:v!P, will be applied to avoid impacts to California gnatcatchers and other breeding birds during clearing l'la1111ing Sys rems .Joh ;\'o 210407 ,Jpril 5. 21!2 I ---··----·--·-------------- 18 BIOLOGICAL RES(H!R('ES Tl:Cll:",IC'AL REl'ORT 4K Al'ARTl\1E:", rs PROl'ERTY CARJ,SBAD, C\l,IFOR'.\l.\ or grading ifil occur~ during the nesting ~eason. The property supports native habitats. which also provides potential nesting and foraging habitat for a variety of other songbirds and raptors in the area. Although no active nests ½ere identi(ied during the 2016 5urveys, there i~ a significant potential for birds to nest within the project area. In the event that construction work occurs during the breeding sea~on (February 15 through August 3 l ), nesting raptors and other nesting birds could be directly impacted hy vegetation clearing activitie~. These impacts ½ill have an adverse effect on sensitive species and will thus require mitigation. l labitat impacts will be mitigated according to ratios, as required by the Carhbad 1 IMP and will offset any potential impacts to special-status species. Since no special status plants or wildlife have been documented on the site, no direct impact to sensitive plant species is anticipated. The proposed project will not result in a direct impact on any federal. state or local-listed special status species, or any of the twenty-~ix (26) HMP sensitive and narrow endemic plant species that could occur onsite. This conclusion is drawn hecau~e the plant and wildlife surveys did not conclude that any candidate, sensitive or special ~tatus species would be impacted hy the project. Indirect Impacts. No indirect impacts to the Nuttall's scrub oak trees located offsite to the north will result from the project due to the fact that an open space buffer in excess of60-feet is provided between the proposed apartment project and the oab. b. Will the project have a mbstantial adverse effect on any riparian habitat or .\em;itive naturnl communi(r ident{fied in lorn/ or regional plans, policies, and regulations or by CDFW or USFWS? Direct Impacts. The proposed project IAiould result in permanent impacts to both ~ensitive and non-sensitive habitats. The tables below quantif)' the impacts that Mrnld result from implementation of the 4K Apartments project and the College Boulevard North Segmcm extension. These impact areas are demonstrated graphically on Figure 5: lmpacrs to E,isting Vegetation and ,\'ensitive Resources. Table 6· Onsite Ve11etation Communities and lmnacts Upland flahitats 4K College/ Total Preserved Total Apartments Street 'A' Impacts Area Acreage lmnacb !mnacts Die ran Coastal Sa0 e Scrub 0.60 0.57 l.17 0.61 !.78 Southern Mixc<l C'hanarral 0.23 0.00 0.23 0.29 o:g_ Non-native Gra~~land 0.63 0.41 1.04 0.00 1.04 ' 1Von Sensitive Habitats Euca\vntus Woodland 0.04 0.06 0.10 0.00 0.10 Disturbed Land 0.07 0.26 0.33 0.09 0.42 A"ricultural Land 4,96 4.61 9.57 0.00 9.57 Urban/Dev cloned 0.00 0.45 0.45 0.00 0.45 TOTAL 6.53 6.36 1.55 0.99 13.88 As indicated above, the project will not result in any direct impacts to riparian habitat or sensitive natural 1.:ommunity. No riparian habitat exists on the property. and all proposed development impacts avoid any hardlined area. Plunmng Sv,·1ems Jvh ,.\'o.210107 A1,ril 5, 2021 19 B101.0(;IC.\I. RESOlll{(TS TH'J1:-.;1C,\L REPORT 4K ,\PARI l\lENTS l'ROl'F.RT\ C \RLSB.\D, CALIFORNIA Indirect Impacts. Several indirect impacts will result from implementation oflhe pn~ject, unle.~s precautions are taken to minimize or mitigate those indirect impacts. Minimization and mitigation of these indirect irnpacb are recommended as follow::.: Fire Suppression. A fire suppression buffer between the proposed 4K Apartments and the habitat in the hardline preserve are accommodated for public safety and fire protection purpose:,. ·1 his fire suppression buffer will be located on the development side of the hardline and as a result provide additional protection between the develop:ncnt and the protected habitat. Thus the project wi 11 not result in significilnt indirect impacts from fire buffer fuel management on the habitat. l::ro:::.ion Control. ln order to avoid indirect impacts to downstream properties and Little 1:::ncinas Creek from degradation due to exces:::. :,edimentation, the project developer will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) which will be approved by the City of Carlsbad and is to be followed through construction and impkmemation of the proposed project. ·i his SWPPP will indicate that the project construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in tile area of the construction will be protected from erosion. This will include silt fem:es. sandbags and straw mulch rolls being placed around excavated areas during the construction period, and storm drains situated down:::.tream from the construction be protected by linear sedimem barriers or similar erosion control devices. With the approval of and compliance with the SWPPP. the project will not result in a significant impact from downstream sedimentation. Additionally. City of Carlsbad Municipal Code Section 15.16 (Grading and Erosion Control) requires that a pennittee enter into a security agreement to guarantee performance of 11MPs, which are intended to protect on,;ite and downstream biology from impacts resulting rrom soil ero:::.ion. Compliance with the requirements of the Grading and Erosion Control security agreement reduces the potential for indirect impacts from ero:,ion control. After construction. the project will provide on-site water quality treatment so as to avoid discharge of polluted ,vater from the site. Thus. the project is not expected to result in permanent significant downstream sediment impacts. Invasive Species. The project has the potential to substantially affect the adjacent natural hardlined area if project landscaping include::. invasive plants. Therefore the use of invasive plant species in landscaping adjacent lo the conservation area will be prohibited. Also. irrigation runoff shall be prevented from entering into the conservation areas from adjacent landscaping to reduce nitrogen. introduce pesticides. or excess moisture. Only native or compatible non-invasive plant species shall be used in landscaping. and no species listed on the California Invasive Plant Council (Cal-I PC) list ~hall be used in landscaping or erosion control plans. rcncing. Sign::. and Lighting. Increased human activity could re5ult in the potential for trampling of vegetation outside of'thc permitted hmdline impact footprint, as well as soil compaction. These factors could affect the viability and vigor of plant communities. which can alter the ecosystem, creating gaps in vegetation, allowing non-native plant species to become established. Trampling may also affect the rate of rainfall interception and evapotranspiration. soil moisture. water penetration pathways. :::.urface flows, and erosion. /\n augmented human presence increases the risk for damage to special-status wildlife species through habitat changes as well a:, potential crushing of nests and altering species' behavior. Planning .~'.>stem.1 .Joh :\o 2 I 0-JIF April 5. 2021 21 BI0L0GIC\L IH,SOl RO-S TECll~ICAL REl'0RT .JI( ,\l'ARTMlcNTS PROPERTY CARLSBAD, CAl.il'0RI\IA Unauthorized public access into open spaces can result in impacts which can significantly impact the botany of the area. In order to restrict access into the preserved open spaces, permanent fences will be constructed around the devclopmen1 which will discourage and prevent vehicle and pedestrian access. Steel signs will be attached to the fences to provide notice that the area constitutes an ecological preserve and that trespassing is prohibited except in authorized locations. J\lso, artificial night lighting exposes wildlife to unnatural light regime that may adversely affect foraging patterns, increase predation risk, cause biological clock disruptions. and result in a negative impact on species diversity. Therefore. lighting in or adjacent to the conservation area5 shall not be U<;cd except where essential for roadway. facility use, and safety. If night time construction lights arc nece5sary. all lighting adjacent to natural habitat shall be shielded an<l/or directed away from habitat. Permanent, po~t-construction lighting adjacent to the conservation area shall also be reduced and/or shielded. Noise. Construction-related noise could occur from equipment U!-,cd during vegetation clearing, grading, and installation of infrao,tructure. Noise impacts can have a variety of indirect impacts on wildlife species, including increa~cd stress, weakened immune systems. altered foraging behavior, displacement due to startle. degraded communication with conspecifics (e.g .. masking), damaged hearing from extremely loud noises, and increased vulnerability to predator. Indirect impacts from construction-related noise may occur to sensitive wild] ife if construction occurs during the breeding season (i.e .. February 15 through J\ugust 31 ). Excessive noise generation during construction should be avoided. Dust. Fugitive dust produced hy construction could disperse by wind into the adjacent native vegetation, and thus may reduce the overall health and vigor of i11dividual plants by reducing their photosynthetic capabilities. This. in turn, could affect animals depended on these plants. All projects with the City of Carlsbad however, arc subject to the Grading Ordinance and must implement 8MPs to reduce impacts from dust. These HMPs include, but arc not limited to, sprinkling v,.ater or dust control agents during construction, covering trucks hauling dirt and debris, and other requirements. Compliance with these factors wi!I reduce any dust-related indirect impacts to less than significant. Chemical Pollutants. The introduction of chemical pollutants, such as herbicides, pesticides, or insecticidco,, could result in potential impacts to special-status species through direct or indirect corn;umption of the pollutant. Chemical pollutants also can degrade native habitats and water quality over time. Therefore, the project ~hould ensure that construction employees limit their activities. vehicles, and equipment an<l construction materials to the fenced project footprint area. c. Will the project have a !iubstantial adverse effect 011 federal(r protected wetlands as defined by Section 4fJ4 of the Clean Water Act (including, hut 1wt limited to, marsh, riparian scrub, etc,) through direct remomt,Jilling, hy,lrological interruption or other metms'! Direct Impacts. Construction of the College Roulevar<l North Segment will permanently impact 0.12 acre and 385 linear feet of LJSJ\CE jurisdiction non-wetland "waters of the U.s'' at Little Encinas Creek (See Figure 7; Juri.1dictional Impacts Map). Correspondingly. it will impact 0.12 acres and 385 linear feet ofCDF\V-jurisdictional area and RWQCH Jurisdiction non-wetland "water5 of the state". These non-wetland wakrs of the U.S./State consist of a relatively narrm.v, well-defined drainage \\·ith relatively steep banks and no surface water most of the year. The5e impacts are analy?ed on the College Boulevard Reach A North Segment Jurisdictional Determination, Planning Systems, 2016, and included as Attachment C to this report. P/01111i11g Systr111., .Joh .\"o. 2 I 04/JJ A1wi/ 5. 111.?I 22 BI0I.0(;[(',\I, RES0l'RO:S ·1 ECll'\ICAI. REPORT 4h: APAIHI\.IE'\ IS PR0Pt!H\' CARLSBAD, C\1.ll•'ORNI,\ ---------------------------- Thus, it is concluded that the impacts to Little Encina'> Creek 1.vill have a substantial adverse effect on a fCdcrally protected wetlands [Waters of the U.S. in this caseJ as defined by Section 404 of the Clean \Vater Act through direc1 removal and filling, and mitigation will be required. As a result, a Section 404 Permit (Nationwide Permit 14 if requested and approved) will be required for the proposed project. Also, a CDFW Stream bed A Iteration Agreement under Section 1602 of the California Fish and (Jame Code is will also be required and a R\VQCB Section 401 certification must also be issued prior to commencement of the project. These rerrnits will contain terms and conditions governing the nature of the impacts allowed. any compensatory mitigation that may be required. and may include restrictions on the locations, methods. or timing of project activities affecting the stream. Indirect Impacts. No indirect impacts or adverse cffecb on federally protected wetlands as defined by Section 404 or the Clean Water Act wil! result Crom implementation of the project d. Will the project interfere substantial~r with the movement of any native resident or migratoryfislt or wild life species or with e.,·tahlished native rnident or migratory wildNfe corridors, or impede tlte use of native wil,llife nursery .,·itn? Direct Impacts. The 4K Apartments site possesses an approved hardline pursuant to the guidelines of the I-IMP. Although wildlif'c movement may he disrupted temporarily during construction due to noise or increased human presence, these impacts are considered temporary in nature, and implementation of the overall project will not result in permanent direct impacts to the hard line or to wildlife movement functions. The pmtion of the properly within the hardline conservation area wi I! be the subject of permanent conservation pursuant to the requirements of the 1 lMP. In order to permanently conserve the property within the hardline. a conservation easement will be required in conjunction \Vith the first final map, which will ensure permanent protection of the conserved area. As a result. it is concluded that the project will not interfere substantially with the movement of any native resident or migratory fish or wild life species or with established native resident or migratory wildiifc corridors, or impede the use of native wildlife nursery sites. Further, it is concluded that the project wi!l not conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance; and will not connict with the provisions of the draft City of Carlsbad HMP, NCCP or other approved local, regional or state habitat conservation plan. Indirect Impacts. The project docs not have the potential 10 impact the movement of any native re~ident or migratory fish or wildlife species or wildlife corridors. No indirect imract \\ill result from implementation of the project. e. WiLf the project conflict with any local policies or ordinance"'· protecting hiological resources, "'·uch as tree pre"'·ervation policy or oniinance? Direct Impacts. The project does not conflict with local policies or ordinances prot,2cting biological resources. Carlsbad docs not possess a tree preservation policy or ordinance. /\s a result no direct impacb will result. Indirect Impacts. The City of Carlsbad does not pos<;ess a tree preservation policy or ordinance and therefore no indirect impacts will result f'/unning Sy.stern< Joi, .\'o. 2 I /)41)7 ilpnl 5, 20:!I 24 BIOLO(;l{',\L Rl·.SOllRCLS 'ITCH"\ICAL REPOR I 4K ,\l'.\RT.\.IEYrs PROPER! Y { "ARI.SB.\D, CALIFORNIA ---·------------------~======~ j: Will the project cm~flict with the provisiom· of the City of Car/shad HMP, NCCP or other approved local, regional or state /whitat conserwition plun'! Direct Impacts. The projec1 is consistent \\·ith the hardline requirements of the Carbbad HMP. No dcvc!oprncnt is proposed within an idcntifocd hardlinc. Also. the project is not located within a "Standards Area". Indirect Impacts. The project could result in indirect impacts to the Coastal sage scrub habitat within the adjacenl hardlinc. l'fanning System\· .!oh ,Vo. 2 f /J.J(}7 April .5. 2021 25 BIOLOGIC,\L RES{)llRCES l'F.CIINJC.\L l{El'ORI 4K AP.-\RTl\ff;\TS PROPERTY CARI.SIHD, CALIFOR...,-1,\ 5.0 AVOIDANCE AND MINIMIZATION MEASURES In order to avoid or minimi/c impacts to existing biological resources, it is recommended that the project implement the following rnea5ures. These measures include mitigating for any potential impacts to sensitive habitat. special-status plant and wildlife species,jurisdictional aquatic resources, habitat linkages and corridors, conservation of protected habitats in perpetuity, rninimi/.ation of human indirect impacts, and nesting birds protected under the Migratory Bird Treaty Act. • Impacts to upland vegetation communities shall be mitigated according to the mitigation ratios outlined in the Carlsbad I IMP (City of Carlsbad, November 2004). • The project applicant shall process and receive approval ofa lJ.S. Army Corps of Engineers Section 404 permit, a California Dept. of Fish & Wildlife Strcambed Alteration Agreement. and a Regional Water Quality Control Board Section 401 Certification for the loss of0.12 acres of Waters of the U.S./State, which shall be mitigated as required by those permits. • The contractor should install temporary orange construction fencing (with silt barriers) at the lirni ts of proj cct impacts (including construction staging areas and access routes J to clearly demarcate the limits of disturbance and to prevent additional sensitive habitat impacts and the spread of silt from the construction zone into adjacent habitats to be avoided. The temporary construction fencing shall be removed upon project completion. • A biological monitor should be present during any vegetation-clearing or overland travel activities to avoid or minimize impacts to birds and other wildlife, as appropriate. Clearing and grading of the site shall be avoided during the breeding season (February 15 to August 31) to the degree feasible. ln the event that these construction activities must take place during the breeding sca'>on, no activities which v..ould result in noise levels exceeding 60 d8A hourly Lcq within this 500-foot buffer shall be allowed. J\mbient noise ~hall be excluded from the 60 d8A calculation. If grading activities arc not completed prior to the breeding season, and any of these species are present and noise levels exceed the threshold, noise barriers shall be erected to reduce noise impacts to occupied habitat to below 60 d£3/\ hourly Lcq or the activities shall be suspended. • Construction employees will limit their activities, vehicles, equipment and construction materials to the fenced project footprint. The applicant and the contractor shall execute a construction contract that includes the following requirements; a) employees shall strictly limit their activities, vehicles, equipmen1 and construction materials to the fenced project footprint; b) the project site shall be kept as clean of debris as possible; c) pets of project personnel shall not be allowed on the project site; d) disposal or temporary placement of excess f1ll, brush or other debris shall not be allowed to be placed in the open spaces. • If construction activities arc performed at night, lighting should be pointed away from special-status habitat (i.e., coastal sage scrub habitat to the north) to minimize impacts to wildlife. Planning S)'s1ems Joh .','o, 2 I 0-H!l April 5. 2()21 26 BIOLO(;ICAL RESOl-RCE~ TECll'-JJC.-\L REPORI 4K APAHTMENTS PROPERT\' C.\RLSBAD, (',\\,!FORNI.\ • A Storm Water Pollution Prevention Plan (SWPPI') shall be prepared and followed through comtruetion and implementation of the proposed project. This SWl'PP will indicate that the project construction activities will include appropriate temporary erosion and sediment control protections so that all exposed soil in the area of the construction will be protected from erosion. • The landscape mix for the project shall avoid the use of invasive plants in all areas adjacent to the protected open space. The li-;t of invasive plants shall be those identified by the California lnva5ive Plant Council (Cal-IPC) as moderate to high risk (Cal-lPC 2006) and specie,-known by the ~cicntific community to be locally invasive. Irrigation runoff into the Preserve areas shall be preH.;nted in order to ensure that fertilizers and pesticides/herbicide~ do not affect the natural vegetation or wildlife. • The applicant :c.hall prepare and implement a perpetual management, maintenance. and monitoring plan (PMP) for the onsite hardline conservation easement area. in c1ecordance with the requirements of the Carlsbad HMP. • In order to restrict human or domestic aninrnl access into the preserved open spaces, permanent fences shall be constructed around the development which will discourage and prevent vehicle and pedestrian access. Steel signs shall be attached to the fences to provide notice that the area constitutes an ecological preserve and that trespassing is prohibited except in authorized locations. Lighting in or adjacent to the conservation areas shall not be used except where essential for roadway, facility use, and safety. lf night time construction lights are necessary, all lighting adjacent to natural habitat shall be shielded and/or directed away from habitat Post-construction lighting adjacent to the conservation areas shall be limited and shielded. Planning .\vst<"ml Job Vo. 2/n-H/7 April 5, 2();: I 27 BIOLOGIC\L KESOllRCES TECll",JC-\1. REPORT -tK Al'ARI \IEN rs PROl'ElffY CARLSBAD, C.\LIFORNI,\ ------·-- 6. SUPPORTING DOCUMENTATION Beauchamp, R. M. 1986. /\ Flora of San Diego Countv. California. Sweetwater Press, National City. California. CDFW. 2013. RareFind Version 3.1 0, Records search executed in September 2016. covering the United Sillies Geological Survey 7.5-minute serie::. topographic map, San l,uis Rey. Cal!furnia quadrangle. Resource Management and Planning Division. Biogeographic Data Branch. Natural Diversity Database. Sacramento, California. City of Carlsbad, Guidelines for Biological Studies, 2008. City of Carlsbad, Habitat Management Plan for Natural Communities in the Citv of Carlsbad. Final Approval November, 2004. Holland, Robert F. 1986 ... Preliminary Vegetative Plant Communities of California." Department of fish and game. Natural l leritagc Section. Merkel & Associates, Inc .. College Boulevard Reach A Biological Resources Report, March 19, 201 o. Mooney and Associates, City of Carlsbad Final Envioronmental Impact Report for the Cantarini/Hollv Springs Developments, October 2004.Oberbauer. Thomas, Draft Vegetation Communities of San Diego County, March 2008. "Natural Resources Conservation Service. San Diego Area. California, Soil information online al http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Oberbauer, Thomas, Draft Vegetation Communities of San Diego County. 2008 Rebman, Jon P. and Simpson, Michael Ci, Checklist of the Vascular Plants of San Diego County. S'h Edition, 2015. Rccon. City of Carlsbad Final Environmental Impact Report Calavera Hills Master Plan, Bridge and l'horoughfarc District No. 4 and DetentiQn Basins. 2001. Recon, Hiologica! ResmLrces Report and Impact Analysis for the I lolly Springs Project, rebruary 8, 2003. Recon, Wetland Delineation Report for the Holly Springs Project, October 8. 1999. Reiser Craig H. 1994. Rare Plants of San Diego County, Aqua fir Press. Imperial Beach, CA. United States Geological Survey (USGS). 2013. 7.5-minute topographic quadrangle map for Fncin(/as, Cal(/nm(a. Plunning.',)•stemsJob l\o ]J(J.J(J7 -·-/ 28 B!O!,O(;JC-\L IU.SOllRCES TEC!f'~-ICAL REPOllf 4K APARTMENTS l'ROPERT'I C.\l{I.SB.\U, CALIFOR~L\ APPF:NDIX A Plant Species Observed/Detected On 4K Apartments Property and College Boulevard North Segment ,July 2016 A"IGIOSPERMS: MAGNOLIIDS-PIPERALES Family Latin ~ame [ ~auru raceae -Linrd's Tail I . .Jiienrvp.1is cal((vrm('a ANGIOSPERMS: EUDICUTS Family l.atin .'\amc ~ -------------------------Ado,aceac-Ado,a Swnbucus nigrr, rnhsp. caeru/ea Ai,oaccac-Ad!na ,l!e.'rc1nh1:i ·1m1 hem11m i"l'.l'.llal linun/ M(//osma lmirinu Anacanliaeeae-Sumac Rims inlL')!;rJfolia ------~ tux,codemiro11 dirersi/ohum .-lp111m gmwo/ens Apial·ciH•-Carrot Foenic11/um rulg<1n' ------~ -------------- •\pocynaccac-f>oghane ,1sc/epias jascirn!nns Am/Jrosia psi/o~tach_111 ,/rtemioiu caf(fim1ica Hacchuris p1/11/aris s11hsp. conmn?,11i11ea Racchoris m/ici(olw sub,p. sa/icifo/ia ( ·,mi1111s pycnoceplwlm, .rnhsp. V_l'C!J()Ce J/wfo.1· Fnce/ia mlijOmirn F.riophy//11111 cun,fer1[flon1m rnr confer/, /orum ,\sternrcac -Suntlo\\-er Gn11pha/111m sp Grirrde/h1 campornm I fe/mintho1hern echio1des ffeterolheca gnmdijloru !socmna me,.:::ie\11 Viii: vernonioides ------------------Jaumeu carnv:m l'se11do,;na11ha/111m etmescem Sonr!ms o/eraceus iiwcnarnm ojjicina!e ------------~ ----------------- Boraginaceac -Boragl· C1yptantha 1111ermed1a va~ 1111erm~d1a Rmss1ca ni)!;ra Bra~sicaccac -1\tustard Hirschjeldia 1ncam1 --- Sisvmhr111m altissin111111 ~-~~~~==~-------Planning Svslcms Joh /•,"o 210-107 .·Jpril 5. 202 I Common :"lame Ycrbu Mansa Common N;imc ~ ---81ue EldcrOCrry ('rJ,tallinc lc<;:plant Laurel Sumac Lctnona<leberry ------- \V"'stcrn Poi~on-oak Cornmon Celery Sweet Fennel -------- Narrow-leaf Milkweed \\"t'Stern Ragweed Coa,tal ~,1gehru~h Coyote Brush vlule-fat Italian Thi,tl"' California f.11celia Long-stem golden yarrow Cudwcc<l G11rnplant Rri,tly Ox-tongue fclcgrnph V>/ccJ Con,tal GolJcnhush ~--------Salty Susan h·crla~ting C:u<lwccd Common So\1-thistlc Dandelion ---------Nin 1tas Cl)-p(antha Black MuotarJ Short-pod \1u~tard Tumble Mu~tard Status Statu~ - " ---- ' " - " ' -- ' ---- ' ' • . ('artaccac -Cactus Caprifoliaceac -Hun:r,uckle Chcnopodiaccac -C;ooscfoot Convnlvulaceac -:'1-lorning- C;lorJ Cucurbitaceae -Gourd Euphorbiaccac -:'-.purge Fahareae -Legume Fagaceae -Oak ----·---Gentianaceac -Gentian l,amiaceae-1\lint Liliaceae -Lil} ~.---·---\lal,·accac -Mallow ---------- .\lyrllll'Cac -l\-lyrtle i\tyrsinaceac -:\lyrsinc l'hrymaceae -Lop~eed -------------l'latanaceae -Plane Tree rlataginaccac -Plantain Polcmoniaccae -Ph]o'I: l'amih· l'olygonaceac -Hnckwhcat llosaccae -Ro,c Salical'cae -Willow Solanaceac -~ightshade HIOl,()(;IC.\.L RF:SOt:JH'ES ·1 ECll',J('AL REl'ORT -IK .-\PA!Hl\!Ei\TS PROl'ERT\ ('AIU.SBAD, CALIFURNL\ Latin 'fame Common :\amc Statu~ ·~ .\"as111rtium offici11a/e \Vater-crcss ' ( '.l'ii11dmp11111ia JJro/i{em Coa,t Cholla Op1111tw litW/'/llis Cm1~1 prickly-pear /.onicera s11b.\pic-ala vor d~m1data Jol\n,ton's l-loncJsuckk !ltrip/er 1wnihacca/a /\uotralian Saltbu~h '" So/so/a /rugus ·1·u111blcwecd ' Ca(rsli'gia nwcros1egia suhsp arid<1 San IJiego Morning-glorc, Cu~cuta califormca var cal(!Urnic-a Chaparral doddcl' .Homli macrocarpa Wild-cucumber Cmton .1•f'l(ger l)ovcwct:d F.uphorhiu a/1:,omorgmata White-nrnrgin Scmdmat Acm(sJ)()II glaber \'Cir glaber Coastal Deer-seed Mdi/0111.1 afhus Whitt: swcctdover • Qunn1.1· agr/folw \'ar awrfofia C:oa~t I i\·c Oak ~·------------· -~ ------l'.rodiwn cic//lur111m Re<l-stcm ribrec • Salvia me/li(era Black Sage c·atochorus sp/e11de11s Splendid Mariposa Lil} ----------~ ------------,\ fu!aco1hwn11us fascic11/at11s Chaparral Hu,hmallow ---------------~-F.11ca/vp//l~ camu/d1demi1· Red Ri,cr Gum ' .Jm1ga/is wvemis Scarlet Pimpernel ' Dip/acus p11nice11\ Cua~t v1onkeyf1ower -·------------·--·------·~ --- !'lmamt~ racemosa \Vt:s\crn S: ~arnorc ,1ntirrhinum nutwllwnum w/Jsp. Nuttall's Snapdrngon nullul/im111m Plan/ago erecw l)ot-,ced plamain .\ciw,rretic1 hamma subsp. hunima Hooked Skunkwecd F.riogonum./ils(·ic11/alum ,·w: Coast California fiiseirn/a111m ---Bu~kwhcat ~.---------~.---·---~ ---R11mex cnsp11s Curl} Do~k ' ---·------------~------ N.harnnu.1 crocea Spiny redbcr[)' Ade,rostoma Jascicu/otum var Chami~c li1ocic11/a1urn I !etemme/e:, orhuti/olia Toyon Rosa ca/ifiJrnica California f{osc Su/ix gooddi'11g11 Gocidding 's Black Willow ,\'icotiana g/m/i'O Tree Tobacco • ANGIOSPERMS: ,VIONOCOTS Famil" . Arccaceac -ralm ------------- As1iaragaccac -Yucca C:ypcraceac -Sedge !'lam1i11,; Sysrems Joh !\'o. 210407 Awn 5. 2n21 Latin ,fame Washingloma rohusta ------·--·------ )1JCca eleplmn/1pes Can•.,· .1pisso Common "Jame Status Mexican Fan Palm ' ----·------. Spinel~ss 'focca San IJicgo Sedge 2 Famih . lridaceae -lrh .Juncaccac -Arrow-Gm~~ l'o:icc.ie -Grass (C'()n\.) ---·------·~ STATUS IUOLOGIC\I. RESOl-RCES TE('l-1~1(',\L REPORT 4K Al'ARI MENTS l'IWPERTY ('.\RI.SHAD, CALI ~'OR!\L\ Latin i'lamc Common '\amc Statu., Sc hocno1.>!ect11s 111ne 1·icc111,1.1 0111e; 's l\11lrw,h S1.,:vrinchiw11 be/!tim Blue-eyed Cra~s Juncus ucu/11.1 spp. leopo!dii Spiny Rush ·-J1mrns b11ji:mi11s 1·<11: h1rli)l1i11.1 load Ru,h ' Juncus 111exicm111s Mexican Ru,h Anmdodrm,u, Giant Recd " Bronw.1· diandrn.1 Ripgut (Ira,, ' Brom111· hordeoceus Sort Chc,·s ' llrom11:, r11he11.1· Red l.lrome ' ( 'ortadrria se!!oana Selloa Pampas Gra,s " C \nodon dae1_v!o11 Bermuda Orass ' /)i.11ichlis ;pica/a Saltgrass F/_1mus co11densa/us Giant \Vild-l)'e Festuca m1•11ro.1 Rat-tail rescue ' ~ ·---· ----------~------· - Fes/11capcrnmi.1· Perennial R:,e Grass ' Stiµa /1:p1da Foothill Needle Urass Sripa p1ddwa Purple l\eedlc (lrass ---·---------·~ ---------~- ' " Cla%ified Scn~itive Non-native (weed or cult.) Non-native cla~sified as invasive (on Ca!-IPC lists "1-A", '· A-2", and .. B'.) Planning Systc,ms Joh No. 2 /()4()7 April 5, 2()2/ J f'lwmmx Systems Joh ,\'o_ 2 /(}-1()7 :1pri/ 5. 202/ ll!OLOGl('AL RESOllRCES TfTll!\JC AL RU'ORT 4K AP:\RTl\lE:\TS PROl'ERTY ( ARLSBAD, (',\I IFOR'\L\ APPENlllX C ,Jurisdictional Determination College Boulevard North Segment April 19, 2016 1.0 2.0 3.0 PSJob#/50514 May 5, 2016 TABLE OF CONTENTS EXECUTIVE SUMMARY .............. . ............ 1 PROJECT DESCRIPTION ........................... . ···•••••••••••····• ........................... 2 2.1 Project Location................................ . .............. 6 2.2 Project History .................................................................................................................... 6 2.3 Purpose and Need for the Project ....................................................................................... 7 REGULATORY AUTHORITY .................................................... .. . ............. 8 3.1 FEDERAL REGULATIONS ............................................................................................. 8 3.1.1 Clean Water Act-Section 404 ............................................................................. 8 3.1.1.l Waters ofthe United States... .. .................................. 8 3.1.1.2 Wetlands............................ . ......................................... 9 3.1.2 Clean Water Act-Section 401...................................................... . ..... 10 3.2 ST ATE REGULATIONS ................................................................................................. 11 3.2.1 California Fish and Game Code............................ .. ............................... 11 3.2.2 Porter-Cologne Water Quality Control Act ........................................................ 12 4.0 STUDY METHODS ..................................................................................................................... 13 4.1 LITERATURE REVIEW ................................................................................................. 13 4.2 DELINEATION OF WATERS OF THE UNITED STATES .......................................... 13 4.2.1 Ordinary High Water Mark. ................................................................................ 14 4.2.2 Vegetation Mapping ........................................................................................... 14 4.3 DELINEATION OF CDFW-JURISDICTIONAL STREAMBEDS................................................................ . ............... 14 4.4 DELINEATION OF WATERS OF THE ST ATE ............................................................ 15 5.0 RESULTS ....................................... . ·······••·••••••···•··•·•·· ........... 16 5.1 SITE INVESTIGATION .................................................................................................. 16 5.1.1 Vegetation.............................. . .................................. 16 5.1.2 Soils........................................... . .............. 16 5.1.3 Hydrology ........................................................................................................... 17 5.2 JURISDICTIONAL DRAINAGE .................................................................................... 17 5.3 JURISDICTIONAL WETLANDS............................... .. ..................................... 19 5.4 SUMMARY OF REGULATORY AGENCY JURISDICTION ...................................... 19 5.4.1 Waters ofthe United States ................................................................................ 19 5.4.2 Waters ofthe State ............................................................................................. 21 5.4.3 CDFG 1602 Streambed Alteration Agreement....................... . ......... 21 6.0 CONCLUSIONS ...................................... . •···••••• ....... 22 6.1 U.S. ARMY CORPS OF ENGINEER PERMIT REQUIREMENTS...................... . ..... 22 6.2 CALIFORNIA DEPARTMENT OF FISH AND GAME PERMIT REQUIREMENTS ...................................................................... 22 6.3 REGIONAL WATER QUALITY CONTROL BOARD PERMIT REQUIREMENTS ............................................................................ 22 7.0 REFERENCES ............................................................................................................................. 23 Hoffy Springs Coflege Blvd. Reach A North Segment J11risdictio11al Determination Repol"/ 8.0 Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Table I Table2 PSJob#J505/4 May 5, 2016 APPENDICES .............................. . ·····················24 A. B. PHOTOGRAPHS ............... . OHWM DATASHEET ....................... . .24 .28 LIST OF FIGURES Vicinity Map ........................................................................................................................... 3 USGS Map....................................................... . .............. 4 Project Location Map.................................................... . ................. 5 Existing Jurisdictional Area............................................. . ............. 18 USACE/CDFW/RWQCB Jurisdictional Impacts.............. . ........................... 20 LIST OF TABLES Jurisdictional area................................ . ......................................... 19 Acreages of Jurisdictional Areas within the Project Site ...................................................... 19 Holly Springs College Blvd. Reach A Norlh Segment J11risdiclionaf Detem1inatio11 Reporl H DRAFT JURISDICTIONAL DETERMINATION REPORT For construction of the COLLEGE BOULEY ARD REACH A NORTH SEGMENT HOLLY SPRINGS DEVELOPMENT LLC May 5, 2016 1.0 EXECUTIVE SUMMARY This report summarizes Planning Systems' findings of U.S. Army Corps of Engineers ("USACE"), California Department of Fish and Wildlife ("CDFW") and the Regional Water Quality Control Board ("RWQCB") jurisdiction for the College Boulevard Reach A North Segment project. This jurisdictional determination (or delineation) work was performed by regulatory specialists from Planning Systems on April 19, 2016. The delineation was conducted of the area in and around Little Encinas Creek which is proposed to be impacted by construction of the College Boulevard Reach A North Segment. The Reach A North Segment is an approximate 1,200 linear foot section of proposed College Boulevard, a public roadway within the City of Carlsbad. This delineation covers the area of construction of the proposed roadway segment and also extends approximately 200 feet beyond the construction limits on Little Encinas Creek in both the east and west directions. The purpose of this report is to verify whether the field conditions in the project area confirm the findings documented in the previous (Recon 2001) delineation of the same area. Planning Systems' Director of Planning and Regulatory Analyst Paul Klukas conducted the survey investigation. The findings of the Recon 2001 delineation {Final EIR for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, & Detention Basin, Recon, November, 2001) and a later College Boulevard Reach A Biological Resources Report, by Merkel & Associates, Inc., March 19, 2010, both concluded that Little Encinas Creek in this area constitutes a "non-wetland jurisdictional waters" per both the federal and the state jurisdictional guidelines. This updated Planning Systems' analysis concurs with these earlier findings. More specifically, the Planning Systems' field analysis concludes that the edge limits of non-wetland "waters of the U.S." in Little Encinas Creek are identified by the presence of an ordinary high water mark {OHWM) on the outer edges of the channel, and the limits of CDFW jurisdictional "waters of the state" are identified as the top of the channel bank. Investigation for wetland features concluded that no wetlands occur in the area impacted by the project. This jurisdictional delineation concludes that the College Boulevard Reach A North Segment project will permanently impact 0.12 acre and 385 linear feet ofUSACEjurisdiction non-wetland "waters of the US". Correspondingly, it will impact 0.12 acres and 385 linear feel ofCDFW- jurisdictional area and 0.12 acres and RWQCB Jurisdiction non-wetland "waters of the state". A Section 404 Permit (Nationwide Permit 14 if requested and approved) will be required for the proposed project. Also, a CDFW Streambed Alteration Agreement under Section 1602 of the California Fish and Game Code is will also be required. Thirdly, a RWQCB Section 401 certification must also be issued prior to commencement of the project. These permits will contain terms and conditions governing the nature of the impacts allowed, any compensatory PS Job #150514 May 5, 2016 mitigation that may be required, and may include restrictions on the locations, methods, or timing of project activities affecting the stream. 2.0 PROJECT DESCRIPTION The Holly Springs residential project (single and multifamily homes) has been reviewed, certified for CEQA review, and approved by the City of Carlsbad. The approved plans for the Holly Springs project require the developer to achieve vehicular access to the development site through the construction of College Boulevard Reach A. The Holly Springs developer is proposing that this be achieved through construction of a northerly extension of approximately 1,200 linear feet of College Boulevard, connecting the existing intersection of College Boulevard and Cannon Road to the subdivision. The subject Project and roadway are located in the City of Carlsbad, San Diego County, California. (See Figure I; Vicinity Map). Construction of the College Boulevard North Segment will traverse Little Encinas Creek, which is depicted as a blue-line drainage on the U.S. Geological Survey ("USGS") topographic map San Luis Rey, California (2016). Please see Figure 2; USGS Map. This delineation report provides regulatory information, methods, and results in an effort to confirm or revise findings of the previous delineation of jurisdictional waters (Recon 2001 and Merkel & Associates 2010) potentially impacted by the College Boulevard "Reach A" North Segment ("project"). The purpose of this confirming delineation is to again assess the limits of state and federal jurisdiction which will be impacted by the project. However, the earlier analyses did no break the Reach A North Segment out from the balance of the several related projects in the area. This present wetland delineation report describes the resources subject to regulation by the USACE, CDFW and the RWQCB that will be significantly impacted by the Reach A North Segment only. This delineation is being conducted on behalf of Holly Springs LLC, the owners of the Holly Springs residential project. The project involves construction of approximately 25% of the length of future College Boulevard Reach A. The entirety of College Boulevard Reach A is a City approved Circulation Element roadway identified as a major arterial divided roadway within a 102-foot right-of-way. The full Reach A project was previously negotiated and permitted by the federal and state regulatory agencies based upon the 2001 Final EIR for the Calavera Hills Master Plan Phase II. Bridge and Thoroughfare District No. 4, & Detention Basin (RECON 2001); however, the federal and state pennits have since expired. Presently, only the North Segment is proposed to be constructed in order to access the approved Holly Springs residential development east of the proposed roadway. Please see Figure 3; Project Location Map. The 2001 jurisdictional delineation concluded that wetlands and waters of the US and state would be impacted by construction of the entirety of Reach A. As mentioned however, this delineation, and the Merkel 20 IO delineation subsequently, did not however break down the impacted areas to a degree sufficient to assess impact acreage for the North Segment separately. This proposed construction of the North Segment would require the crossing of Little Encinas Creek. A culvert would be placed over this drainage to ensure continued stream conveyance. It is the intent of this present jurisdictional delineation to address delineation of construction of this North Segment of College Boulevard only. Hoffy Spri11gs Coflege Blvd. Reach A North Segment J11risdictio11al Deter111i11atio11 Report 2 2.1 Project Location PS Job #150514 May 5, 10/6 The proposed College Boulevard "Reach A" North Segment is located within the northeast quadrant of the City of Carlsbad, California. A portion of this street segment must traverse the Little Encinas Creek drainage channel, located at Township 11 south, Range 4 west of the U.S. Geological Survey (USGS) 7.5' San Luis Rey, California Quadrangle. The affected property is mostly within roadway right-of-way property owned by the City of Carlsbad, located between APN 168-050-35 and 168-050-36. The grading and drainage improvements associated with construction of the roadway segment will extend not only with.in the City right-of-way, but also a small distance into these adjacent parcels owned by the Rancho Carlsbad Owners Association. The Reach A North Segment construction site is located at 33.154123 degrees north latitude and 117.285908 degrees west longitude. The project site is located within the USACE's Arid West region. The project is located within the Carlsbad Hydrologic Unit of the San Diego Hydrologic Region. The Carlsbad Hydrologic Unit is a triangular area of approximately 210 square miles (134,400 acres), extending from Lake Wohlford in east San Diego County, west to the Pacific Ocean; and from the City of Vista on the north to south Encinitas on the south. The Carlsbad Hydrologic Unit is further divided into six watersheds. The project site is within the Agua Hedionda Creek watershed, which originates in the hills south of the San Marcos Mountains and flows in a generally southwest direction to where it ultimately discharges at the Agua Hedionda Lagoon. Little Encinas Creek is a tributary to the Agua Hedionda Creek within this watershed. The project area spans from the intersection of Cannon Road and College Boulevard, south approximately 1,200 feet through undeveloped lands to a proposed collector roadway which will access the Holly Springs residential development to the east, and a temporary cul-de-sac. The construction site is located just east of Rancho Carlsbad Mobile Home Park (RCMHP) and primarily consists of developed (RV storage lot and adjacent tennis courts and grass play fields) and agricultural (community garden) fields. Upstream of the Reach A North construction zone, non-native grasslands and sage scrub vegetation communities are distributed throughout the hillsides. The site is located in the inland portion of the Agua Hedionda Creek Watershed, approximately two miles upstream of Agua Hedionda Lagoon. Little Encinas Creek, a tributary to Calavera Creek, conveys water in a westerly direction through the project area. This tributary merges with Calavera Creek only 150-feet west of the project, which then merges with Agua Hedionda Creek further to the west. 2.2 Project History In 2001, the entirety of College Boulevard Reach A was a project element in the Final Environmental Impact Report for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, & Detention Basin (SCH #99111082). The EIR was certified by the City Conncil on January 14, 2002 and subsequently applied and received federal and state pcnnits as a result of impacts to wetlands and non-wetland jurisdictional waters of the U.S. [i.e., Section 404 (Permit No. 200100215-RLK), Section 401 (Certification No. R9-2002-0014), and Section 1600 (Agreement No. R5-200l-0007]. These permits covered the entirety of College Boulevard Reach A. The permits were extended for some period of time since the roadway was never built. An updated biological report was prepared in 2010 (Merkel & Associates, 2010) to verify that no significant changes to the biology of the area had occurred since the original CEQA document and pennit issuance. However in 2007 the USACE determined that the Section 404 permit had Holly Springs College Bfvd. Reach A Norlh Segmelll J11risdictio11of De1en11ilwlio11 Report 6 PS Job #150514 May 5, 2016 expired. The remaining permits have since ultimately also expired and therefore new federal and state permits are required. 2.3 Purpose and Need for the Project The purpose of the proposed project is to provide access to medium-high density and low density residential housing which would achieve the following goals: • The project will provide access to the approved Holly Springs medium-high density and low-medium density residential areas. • The Holly Springs residential uses will help satisfy the affordable housing requirements of the City of Carlsbad. • The Holly Springs residential uses establish a comprehensive development plan for the area and are consistent with the City of Carlsbad General Plan. • The project will encourage new development consistent with the capacity and municipal service capabilities. • The project will facilitate the movement of people and vehicles within and through the City. • The project will accommodate new development in a phased, orderly manner and is coordinated with the provision of necessary infrastructure and public improvements. Holly Springs College Blvd. Reach A Nor//1 Seymem J11risdictio11al Detenninalion Report 7 3.0 REGULATORY AUTHORITY PS Job #/50514 May 5, 2016 Streams and waterways, including ephemeral drainages, dry streambeds, and wetlands, can possess unique ecological functions and wlues, and are protected from human-induced destruction or degradation by a number of federal and state statutes. The federal and state agencies charged with administering these statutes and their responsibilities are described b1iefly below. 3.1 FEDERAL REGULATIONS 3.1.1 Clean Water Act-Section 404 Pursuant to Section 404 of the Clean Water Act ("CWA"), the USAGE regulates the discharge of dredge and/or fill material into waters of the United States. Section 404 of the CW A requires that any person proposing any activity that would discharge these materials must first obtain a permit from the USACE. For discharges proposed in the project region, Section 404 Pennits are issued by the USACE's Los Angeles District. The CWA stipulates that the USACE may not issue a Section 404 Permit if the proposed activity would be contrary to the public interest or would cause substantial degradation of the nation's waters, or if a less environmentally damaging practicable alternative exists. Waters of the U.S. generally include navigable waterways and wetlands adjacent to navigable waterways, non-navigable tributaries to navigable waterways, and wetlands adjacent to non- navigable waters that are contiguous with navigable waterways. Regulatory definitions of wetlands and waters of the U.S., as well as recent Supreme Court decisions affecting the interpretation of those definitions, are discussed below. 3.1.1.1 WatersoftheUnitedStates The term "waters of the U.S." is defined in regulations promulgated by the USACE under the authority of the CWA and typically includes all navigable waters (including all waters subject to the ebb and flow of the tide); all interstate waters and wetlands; all impoundments of waters mentioned above; all tributaries to waters mentioned above; the tenitorial seas; and, all wetlands adjacent to waters mentioned above. However, recent Supreme Court decisions have curtailed CW A jurisdiction in some cases, as described below. In water bodies and streambeds lacking adjacent wetlands, the lateral extent of the USACE's jurisdiction is bounded by the Ordinary High Water Mark (OHWM). The OHWM is defined at 33 CFR 328.3(e) as "that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of liner and debris, or other appropriate means that consider the characteristics of the surrounding areas." Where adjacent wetlands are present, jurisdiction under the CW A extends laterally to the landward edge of the adjacent wetlands. The upstream/downstream limit of CWA jurisdiction is the point beyond which the OHWM is no longer perceptible due to the lack of a bed and bank or other distinguishing features. Holly Springs College Blvd. Reach A North Segment Jurisdiclio11a/ Deten11i11allo11 Report 8 PS Job #150514 May 5, 20/6 In the last decade, two important decisions by the U.S. Supreme Court have limited the scope of CWA jurisdiction. In 2001, the court ruled in Solid Waste Agency of North Cook County v. United States Army Corps of Engineers ("SW ANCC") that the USACE exceeded its statutory authority by asserting CWA jurisdiction over "an abandoned sand and gravel pit in northern Illinois, which provides habitat for migratory birds." This ruling invalidated the 1986 "Migratory Bird Rule" detennined that CWA jurisdiction does not extend to waters that are non-navigable, isolated, and intrastate. As a result of the SW ANCC case, the U.S. Supreme Court held that USA CE may not specifically rely on the Migratory Bird Rule to establish a significant nexus to interstate or foreign commerce. Although no formal guidance was issued by USACE interpreting the extent to which the SW ANCC decision would limit jmisdictional detenninations, in practice, USACE considers intrastate waters as waters of the U.S. where there is an appropriate connection to a navigable water or other clear interstate commerce connection. Therefore, waters of the U.S., including jurisdictional wetlands, must show connectivity with (be tributary to) a navigable waters of the U.S. to be subject to USACE under Section 404 of the CW A. Later, in 2007, in Rapanos v. United States and Carabell v. United States (consolidated cases), the question was whether CWAjurisdiction extends to wetlands that do not contain, and are not adjacent to, waters traditionally understood as "navigable." The Court issued two controlling opinions in this case, specifying conditions under which ephemeral and intermittent tributaries and adjacent wetlands are subject to CWA jurisdiction. In the wake of these decisions, the Environmental Protection Agency (''EPA") and the USACE have together issued a joint guidance memorandum clarifying CW A jurisdiction. The guidance identifies those waters over which the agencies (USACE and EPA) will assert jurisdiction categorically and on a case-by-case basis. Under nonnal conditions, it was detennined that USACE will assert jurisdiction over the following features: • Traditional navigable waterways and their adjacent wetlands. • Non-navigable tributaries of traditional navigable waterways that typically flow year- round or have a continuous flow at least seasonally (typically 3 months) and wetlands that directly abut such tributaries. • Non-navigable tributaries that do not typically flow year-round or have continuous flow at least seasonally, wetlands adjacent to such tributaries, and wetlands adjacent to but not directly abutting a relatively permanent non-navigable tributary. Alternatively, the USACE will typically not assert jurisdiction over the following features: Swales or erosional features (e.g., gullies and small washes characterized by low volume and infrequent or short-duration flows). • Ditches (including roadside ditches) excavated wholly in uplands and draining only uplands that do not carry a relatively pennanent flow of water. 3.1.1.2 Wetlands Wetlands are defined in USACE regulations at 33 CFR 328.3(b) as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions." In 1987, the USACE published the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987; Wetland Delineation Holly Sp,·ings Coflege Blvd. Rench A North Segment J11risdictionn! Deter111i11ntio11 Report 9 PS Job #150514 May 5, 2016 Manual) to guide its field personnel in detennining jurisdictional wetland boundaries. In 2008, the USACE published the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (USACE 2008; Arid West Regional Supplement) to complement the Westland Delineation Manual in the southwestern U.S. The methods set forth in the Wetland Delineation Manual and the Arid West Regional Supplement provide that the delineation of wetlands be based on the presence of three wetland parameters together: a predominance of hydrophytic vegetation; hydric soils; and wetland hydrology. These wetland parameters are discussed below. Hydrophytic Vegetation. A site is considered to have a "predominance of hydrophytic vegetation" at a location if greater than 50 percent of all the dominant species present within the vegetation unit have a wetland indicator status of obligate ("OBL"), facultative wetland ("FACW"), or facultative ("FAC"). An OBL indicator status refers to plants that have a 99% probability of occurring in wetlands under natural conditions. A F ACW indicator status refers to plants that usually occur in wetlands (67% to 99% probability) but are occasionally found elsewhere. A FAC indicator status refers to plants that are equally likely to occur in wetlands or elsewhere (estimated probability 34% to 66% for each). The wetland indicator status used for this report follows the National List of Plant Species that Occur in Wetlands: California (Reed; U.S. Fish And Wildlife Service 1988). Hydric Soils. Hydric soils are defined as "soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part" (USDA-NRCS 1994). The hydric soil criterion is satisfied at a location if soils in the area can be inferred or observed to have a high groundwater table. if there is evidence of prolonged soil saturation, or if there are any indicators suggesting a long-term reducing environment in the upper 18 inches of the soil profile. The Wetland Delineation Manual and Arid West Regional Supplement describe visual and textural indicators ofhydric soils used in the field to determine the presence of hydric soils. In most situations, only one of these indicators is required to make a positive detennination. Wetland Hydrology. Wetlands are characterized by various hydrologic regimes that range from permanently inundated to irregularly inundated or saturated. In other words, some wetlands are always wet while other wetlands may contain water during only part of the year. For an area to have "wetland hydrology," as defined in the Wetland Delineation Manual, the area must be "inundated or saturated to the surface for at least 5% of the growing season in most years." In the Arid West Region, the minimum threshold for wetland hydrology under most circumstances is 14 or more consecutive days of flooding or ponding, or a water table 12 inches or less below the soil surface, during the growing season at a minimum frequency of 5 years in 10. The Wetland Delineation Manual and Arid West Regional Supplement describe visual indicators of wetland hydrology used in the field to determine the presence of wetland hydrology. Where either a single primary indicator or two secondary indicators are observed, a positive determination for wetland hydrology is made. 3.1.2 Clean Water Act-Section 401 Pursuant to Section 401 of the CWA; " ... any applicant for a federal pennit for activities that involve a discharge to waters of the United States shall provide the federal permitting agency a certification from the state in which the discharge is proposed that states that the discharge wiU comply with the applicable provisions under the federal Clean Water Act." Therefore, before USACE will issue a Section 404 pennit, applicants must apply for and receive Section 401 water quality certification or a waiver from the RWQCB, as applicable. Under Holly Springs College Blvd. Reach A Norlh Segment Jurisdic//0110/ Derem1inat/011 Report IO PS Job #1505/4 May 5, 20/6 Section 401, the RWQCB regulates at the state level all activities that are regulated at the federal level by USACE. Therefore, RWQCB jurisdiction usually coincides with the jurisdictional boundaries for waters of the U.S. However, if a drainage is determined not to be waters of the U.S., they may still be subject to RWQCB jurisdiction based on the state of California Porter- Cologne Act (discussed below). 3.2 STATE REGULATIONS The State of California also regulates activities involving rivers, streams or lakes or wetlands or riparian habitats associated with these features. These regulations are described in the following sections. 3.2.1 California Fish and Game Code Pursuant to Sections 1600-1616 of the California Fish and Game Code, CDFW regulates any activity that will substantially divert or obstruct the natural flow-or substantially change or use any material from the bed, channel, or bank-of any river, stream, or lake. CDFW also regulates any activity that will deposit or dispose of debris, wastewater, or other material containing crumbled, flaked, or ground pavement that may pass into any river, stream, or lake. The applicant must notify CDFW prior to such activities and obtain a Lake or Streambed Alteration Agreement. CDFW jurisdiction includes ephemeral, intermittent, and perennial watercourses (including dry washes) and lakes characterized by the presence of; (a) definable bed and banks and (b) existing fish or wildlife resources. Furthermore, CDFW jurisdiction is often extended to habitats adjacent to watercourses, such as oak woodlands in canyon bottoms or willow woodlands that support hydrologic functions within the riparian system. Water features such as vernal pools and other seasonal swales where the defined bed and bank are absent and the feature is not contiguous or closely adjacent to other jurisdictional features are generally not jurisdictional under Section 1602. CDFG generally does not assert jurisdiction over human-made water bodies unless they are located where such natural features were previously located or where they are contiguous with existing or prior natural jurisdictional areas. The CDFW jurisdiction within altered or artificial waterways is based upon the value of those waterways to fish and other wildlife. Generally: Natural waterways that have been subsequently modified and which have the potential to contain fish, aquatic insects and riparian vegetation will be treated like natural waterways; Artificial waterways that have acquired the physical attributes of natural stream courses and which have been viewed by the community as natural stream courses should be treated by CDFW as natural waterways; Artificial waterways without the attributes of natural waterways should generally not be subject to Fish and Game Code provisions. CDFW jurisdictional limits are not as clearly defined by regulation as those of the USACE. While they frequently closely resemble the limits described by USACE regulations, the also include riparian habitat supported by a river, stream or lake regardless of the presence or absence of hydric and saturated soils conditions. In general, the CDFW takes jurisdiction from the top of Hoffy Spri11gs College Bfwf. Reach A North Segme11t J11risdictio11al Detenninatiou Report 11 PS Job #/50514 May 5, 2016 a stream bank or to the outer limits of any adjacent riparian vegetation, whichever is greater. Notification to CDFW is generally required for any project that will take place within or in the vicinity of a river, stream, lake, or their tributaries. This includes rivers or streams that flow at least periodically or pennanently through a bed or channel with banks that support fish and other aquatic plant and/or wildlife species. It also includes watercourses that have a surface or subsurface flow that support or have supported riparian vegetation. 3.2.2 Porter-Cologne Water Quality Control Act In 1969, the State of California enacted the Porter -Cologne Water Quality Control Act. Under this statute, the RWQCB regulates discharges of pollutants into "waters of the state", which are broadly defined as any surface water or groundwater, including saline waters, within the boundaries of the state. This authority is independent of any federal requirements, and is applicable to all waters of the state regardless of whether CWA jurisdiction applies. To ensure that California's isolated waters are protected and that the pennitting process is as efficient as possible, the SWRCB has issued general Waste Discharge Requirements regulating discharges to "isolated" waters of the state that are not under federal CWA jurisdiction (Water Quality Order No. 2004-0004-DWQ, Statewide General Waste Discharge Requirements for Dredged or Fill Discharges to Waters Deemed by the USACE to be Outside of Federal Jurisdiction). Holly Spdngs College Blvd. Reach A North Segment Jurisdictio11al De1er111inatio,1 Reporl 12 4.0 STUDY METHODS PSJob#/50514 May 5, 2016 Waters of the U.S., CDFW-jurisdictional streambeds, and waters of the state within the College Boulevard Reach A North Segment project site were delineated using a combination of desktop literature review and field mapping methods. 4.1 LITERATURE REVIEW Prior to field efforts, the United States Geologic Survey (USGS) San Luis Rey, CA 7.5 minute quadrangle map (USGS 2016), the Soil Survey Geographic Database for the San Diego County, California, and a high quality aerial photograph of the Project site and the surrounding area were reviewed to detennine the locations of potential hydrologic features. The jurisdictional delineation analysis in the Final Enviromnental Impact Report (EIR) for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, & Detention Basin (SCH #99111082) was reviewed for designated drainages, vegetation and wetlands. Further, the College Boulevard -Reach A Biological Resources Report, by Merkel & Associates, Inc., March 19, 2010 was also reviewed for the same information. Additionally, a reconnaissance-level survey was conducted on April 19, 2016 by Planning Systems' biologists and regulatory specialists to detennine potentially-jurisdictional areas. The upper reaches of Little Encinas Creek, east of the subject area, are shown as a blue line stream in the USGS 7.5 minute San Luis Rey Quadrangle Map (2015). Calavera Creek, downstream from Little Encinas Creek and Agua Hedionda Creek, downstream from Calavera Creek, are also both identified as a blue line stream. The project construction area for College Boulevard Reach A North Segment is indicated as a fragmented blue line stream on the USGS Map. 4.2 DELINEATION OF WATERS OF THE UNITED STATES A fonnal wetland delineation and jurisdictional detennination of waters of the U.S., waters of the state, and CDFW-jurisdictional streambeds was performed on the project site on April 19, 2016 (time: 0900-1430; weather: temperature ranged from 71 °F to 80°F, wind ranged from 4 mph [SWJ to 8 mph [W]). The methods used during the field surveys are described below. Following completion of the surveys, watershed maps, aerial photographs, and other applicable literature were reviewed to ascertain whether waters identified in the field were isolated, or rather were tributary to navigable waters. The scope of the project jurisdictional delineation assessment is within a very limited area in which College Boulevard Reach A North Segment is proposed to be constructed. The construction limits traverse existing Little Encinas Creek, which at the time of survey consisted of a relatively narrow, well-defined drainage possessing, traveling east to west, with relatively steep banks and no surface water. Little Encinas Creek is the only potential water of the U.S. within the area surveyed and proposed for College Boulevard Reach A North Segment construction. An OHWM was identifiable near or at the top of the channel banks. No wetland features were detected outside of the OHWM of the creek. Little Encinas Creek is well-channelized and confined by apparently artificially-created small berms on the exterior top of the banks on both sides through the subject construction area. The banks of the creek are steep and lacking in vegetation. Documentary evidence suggests that similar conditions existed at the site during the Recon 2001 and the Merkel & Associates 2010 delineation site surveys. Holly Spri11gs College Blvd. Reach A Nort/1 Segment Jurisdic1io11al Determination Reporl 13 PS Job #150514 May 5, 2016 4.2.1 Ordinary High Water Mark USACE regulations define the term "ordinary high water mark" for purposes of the CW A lateral jurisdiction at 33 CFR 328.3(e), which states: "The term ordinary high water mark means that line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas." The extent of non-wetland waters on Little Encinas Creek was determined based on the location of the OIIWM. The channel and banks of Little Encinas Creek were examined for signs of flow, terraces, drift deposits, changes in vegetation, and other indicators that would determine the location of the OHWM. Once the OHWM was identified in the field, the boundary was walked with a Trimble GeoXH Geoexplorer 2008 handheld GPS unit set to collect positional data. Upon completion of field data collection, jurisdictional boundaries were downloaded from the GPS unit and converted into a GIS shape file using ArcGIS software. Properties such as length, width, and acreage of the drainage were calculated through ArcGIS. Photographs were taken to document site conditions (Appendix A). In addition to the Little Encinas Creek hydrologic feature indicated on the USGS quadrangle map and found during the field survey, the project site was surveyed for any additional hydrologic features. No other qualifying hydrologic features were identified. 4.2.2 Vegetation Mapping The study area was assessed in such a manner as to view all areas to the degree necessary to detennine the presence or absence of wetland vegetation. Habitat within the immediate region consists predominately of urban development, ornamental landscape or agricultural fields. Some upstream inclusions of native upland communities, as well as non-native upland communities exist. Much of the extensive agriculture in the surrounding area has been mapped as such due to historical crop farming, most of which has ceased production activities but has been maintained yearly via discing and mowing of the land to sustain fallow agricultural conditions. A limited amount of Diegan coastal sage scrub is located on the hillsides upstream from the project area. It is concluded that no substantive wetland vegetation, and no substantive native vegetation at all occurs within or adjacent to the Little Encinas Creek channel. 4.3 DELINEATION OF CDFW-JURISDICTIONAL STREAMBEDS The extent ofstreambeds falling under the jurisdiction of the CDFW pursuant to section 1600 et seq. of the California Fish and Game Code was determined based on the presence of a defined physical bed, banks, and channel. No riparian vegetation was present within or adjacent to the streamcourse, and vegetation was therefore not used as a determining characteristic. Upon investigation, no significant distinction between the OHWM and the top of the CDFW- jurisdictional stream bank was evident. Thus, the GIS shapefiles created from the OHWM boundaries were determined to be coterminous with the extent of CDFW jurisdiction within the drainage. Holly Springs Coffege Blvd. Reach A North Segment Jurisdictional Detemiination Report 14 4.4 DELINEATIONOFWATERSOFTHESTATE PS Job #150514 May 5, 2016 The extent of waters of the state on-site subject to the authority of the RWQCB under the Porter- Cologne Water Quality Control Act was determined to be cotenninous with the extent of CDFW jurisdictional streambeds, due to the simple nature of the channel and the absence of any aquatic features that would be under the jurisdiction of one agency but not the other. Therefore, the shape files representing CDFW jurisdiction were also used to calculate the extent of waters of the state. Holly Springs Coffege Blvd. Reach A North Segment Jurisdictional Detem1inalio11 Report 15 5.0 RESULTS PS Job #/50514 May 5, 2016 Results of the wetland delineation and jurisdictional detennination are presented below. An overview of the site's vegetation, hydrology, and soils is presented, followed by a description of the jurisdictional areas identified during the delineation. 5.1 SITE INVESTIGATION This section provides an overview of the existing vegetation, soils, and hydrology within the project site, to provide a context within which to understand the delineation results. The area investigated can be described as a relatively narrow streambed with steeply eroding banks with minor benching and almost no vegetation growth. The streambed is bounded on the north by agricultural lands and on the south by Rancho Carlsbad Mobile Home Park improvements. 5.1.1 Vegetation The area of proposed project construction would be considered sparse Ruderal vegetation and Eucalyptus grove. The soil in and around the channel is sandy and almost totally unvegetated with some minor inclusions of non-native grassland species. For the purposes of this report, this channel has been classified as an unvegetated streambed. At both the eastern and western sections of the construction area, small groves of several Red gum eucalyptus (Eucalyptus camaldulensis) trees exist. Throughout the channel and adjacent environment, the area has been developed and regularly maintained, presumably for efficiency of drainage transport, for reduction of fire hazard, and for domestic landscape aesthetics. The entire area is highly disturbed from a natural condition. A number of annual non-native, ruderal weeds occur within and around the channel. These weeds include Annual sowthistle (sonchus oleraceus), Common cocklebur (Xanthium strumarium), Tumble mustard (Sisymbrium altissimum), Little mallow (Malva parviflora), Common groundsel (Senecio vulgaris), Dandelion (Taraxac11m officinale), Shepherd's-purse (Capsella bursa-pastoris), and London rocket (Sisymbd11m irio). A single native Spiney rush (Juncus acutus) plant (approximately 3-feet in diameter) is growing in the channel bottom within the construction area. Directly adjacent to and along the berm on the south side of the streambed several non-native Spineless Yuccas (Yucca elephantipes) have been planted as domestic landscaping and have grown to approximately 15-feet in height. None of the vegetation species within the construction zone are native to the area with the exception of the single Spiney rush plant. Approximately 100-feet upstream of the construction zone, an isolated area of Coastal Sage Scrub vegetation, including Laurel sumac (Malosma laurina), Flat top buckwheat (Eriogon11mfascicilat11111) and Lemonade Berry (Rh11s integrifolia) occurs adjacent to the north side of the streambed. This native area, however is east of the proposed construction zone and none of these native plants will however be impacted by the proposed roadway construction. In the area of the proposed project, the Little Encinas Creek and immediate surrounding environs possesses little biological value (Merkel & Associates, 2010). 5.1.2 Soils The project site is located in eastern Carlsbad, California. This area is characterized by relatively flat-lying rolling topography, with valley fill alluvial deposits. Based on the soil survey geographic (SSURGO) database for San Diego County the soil type in the area of the project is Huerhuero loam (HrD), 9% to 15% slopes, although the slope of the soil surface in the subject area is of a lesser-degree slope and almost flat. Holly Springs College Blvd. Reach A North Segmem J11risdic1io11al Detenni1mlion Reporl 16 PSJob#/50514 May 5, 2016 The Huerhuero series consist of moderately well drained loams that have clay subsoils. These soils developed in sandy marine sediments, and they have very slow infiltration rates. The soils are clayey, have a high water table, or are shallow to an impervious layer. The Huerhuero series within the site is not identified as normally hydric soil (Natural Resources Conservation Service (20 l 0). The streambed channel substrate at the bottom is loose and unconsolidated, mostly sand. The bank substrate is consolidated sand to cobble. Granite and concrete rocks have been artificially thrown into the channel in one location, presumably to reduce drainage water velocity. 5.1.3 Hydrology The project site is within the Agua Hedionda Creek watershed, which drains to the west into Agua Hedionda Lagoon, located approximately 2 miles to the west. The drainage system in the area of proposed construction is well-defined by a single drainage called Little Encinas Creek. Little Encinas Creek is a tributary into Calavera Creek, which flows as a larger tributary into Agua Hedionda Creek. Agua Hedionda Creek is a perennial stream, containing at least a small amount of water year round. Calavera Creek, which flows down from the north, is also a perennial stream, with water level being largely detennined by releases of impounded water from the Calavera Dam, located upstream, in the northeast comer of the City of Carlsbad. In the location of the subject project, the terrain drains generally east to west. Little Encinas Creek is the only substantive drainage in the immediate area, and is described as an unvegetated ephemeral stream channel, draining the upper elevations of eastern Carlsbad, which are largely covered by native Diegan coastal sage scrub and Chaparral plant communities, to the downstream residential neighborhood, under El Camino Real and into Agua Hedionda Lagoon. Agua Hedionda Lagoon is considered a navigable waterway, directly connected to the Pacific Ocean. As such, Little Encinas Creek is directly tributary to a definable navigable waterway. Little Encinas Creek is an intennittent or ephemeral stream, likely to only receive stream flow during and following significant rain events. Carlsbad is characterized by a moderate climate with warm, dry summers and cool winters with occasional rainstorm events. Average monthly precipitation ranges from 2.52 inches in January to 0.08 inches in August. The average annual precipitation in Carlsbad is 11.85 inches (Western Regional Climate Center, 2010). Little Encinas Creek conveys surface water only occasionally. 5.2 JURISDICTIONAL DRAINAGE Assuming an OHWM and the extant hydrologic connection with a definable "navigable waters of the United States," the Little Encinas Creek falls under the jurisdiction of the ACOE. Since this creek (including the subject project area) is directly tributary to Calavera Creek, which is tributary to Agua Hedionda Creek, which is directly tributary to Agua Hedionda Lagoon, which is directly tributary to the Pacific Ocean; Little Encinas Creek meets the jurisdictional definition of "waters of the United States," pursuant to Section 404 of the CW A. CDFW jurisdiction includes the streambed and channel, extending to the top of the bank, and to the outward extent of the canopy of riparian vegetation, if a riparian canopy is present. Therefore the channel bed to the upper reach of the bank is regulated by CDFW. No riparian vegetation exists, and therefore no extension of jurisdictional limits exists beyond the top of the channel bank. A delineation of ACOE and CDFW jurisdictional areas for the subject project construction area is shown in Figure 4 Existing Jurisdictional Area and referenced in Table 1; Existing Jurisdictional Area provides a description of the stream channel jurisdictional area. Holly Spri11gs College Blvd. Reach A Nor//, Segme11t Jurisdictio11af Detennination Report 17 PSJob#/505/4 May 5, 20/6 In addition to the Little Encinas Creek blue line stream hydrologic feature indicated on the USGS quadrangle map and identified during the field survey, the project site and vicinity was surveyed for any additional hydrologic features. No other qualifying hydrologic features were identified. TABLE I JURISDICTIONAL AREA Drainage Length Width Depth Deseription lFeeO (Feet\ !Feet\ Little Encinas 385 feet Variable 3 to4 feet v, Mostly un-vegetated channel bottom; some Creek (10tol6 Ruderal and Eucalyptus feet) S: Channel substrate: loose and unconsolidated, mostly sand; bank substrate: consolidated sand to cobble H: Highly defined almost vertical slope banks; single channel svstem; no moisture observed. Note: All mfonnatmn detennmed m the field. V = Vegetatmn, S = Sods, H = Hydrology. 5.3 JURISDICTIONAL WETLANDS No jurisdictional wetlands were observed on-site. 5.4 SUMMARY OF REGULATORY AGENCY JURISDICTION As described above, the Little Encinas Creek within the Project site contains an ephemeral strcambed which exhibits clear bed and bank characteristics. This ephemeral stream is tributary to a navigable body of water (Calavera Creek to Agua Hedionda Creek to Agua Hedionda Lagoon) and thus is not isolated. As a result, no hydrophytic vegetation, hydric soil, or wetland hydrology was observed on-site, no USACE-jurisdictional wetlands are present within the Project site. A summary of the total acreage of waters subject to the pennitting authority of the USACE, CDFW, and the RWQCB is presented below. The jurisdictional areas are displayed on Figure 4; USACEICDFWIRWQCB Jurisdictional Impacts and summarized in Table 2; Acreages of Jurisdictional Areas within the Project Site. All impacts to jurisdictional areas are permanent. No temporary impacts are assessed. TABLE2 ACREAGES OF JURISDICTIONAL AREAS WITHIN THE PROJECT SITE USACE and Rwn"cB CDFW Drainage Non-wetland Wetlands (Acres) Waters of the Waters of the U.S. State (Acres) (Acres\ Little Encinas Creek 0.12 0.00 0.12 TOT AL JURISDICTIONAL AREA 0.12 0.00 0.12 5.4.1 Waters of the United States The Little Encinas Creek is an incised, ephemeral channel which conveys drainage from eastern Carlsbad to western Carlsbad. This creek exhibits the defined beds and banks which are jurisdictional to the USACE as non-wetland waters of the U.S. A total of 0.12 acres and 385 linear feet of waters of the U.S. will be impacted by construction of the Reach A North Segment. Holly Springs College Blvd. Reac/1 A North Segment Jurisdictio11a/ De/en11i11atio11 Report 19 5.4.2 Waters of the State PSJob#/50514 M(/y5, 2016 Little Encinas Creek exhibits defined beds and banks, and thus this streambed constitutes a waters of the state. The jurisdictional acreage in these areas under the Porter-Cologne Water Quality Control Act was determined to be coterminous with the extent of CDFW jurisdictional streambeds, due to the simple nature of the drainages present and the absence of any aquatic features that would be under the jurisdiction of one agency but not the other. A total of 0.12 acres of waters of the state under the jurisdiction of the RWQCB are also present on the Project site. 5.4.3 CDFG 1602 Streambed Alteration Agreement As a result of the fact that Little Encinas Creek exhibits a defined bed, bank, and channel, this drainage feature is subject to the CDFW's permitting authority under Section 1600 ci seq. of the California Fish and Game Code. The proposed project would result in permanent impacts to 0.12 acre (385 linear feet) of state streambeds. No temporary impacts are assessed. A CDFG Section 1602 agreement is required prior to any alteration of a feature that qualifies as state jurisdictional streambed. Ho fly Springs College Blvd. Reach A North Segment J11risdictio11al Determination Repo11 21 6.0 CONCLUSIONS PSlob#/50514 May 5, 2016 A total of 0.12 acres of non-wetland waters that are under the jurisdiction of the US ACE, CDFW and the RWQCB will be impacted by the proposed project. 6.1 U.S. ARMY CORPS OF ENGINEERS PERMIT REQUIREMENTS Tue proposed project would result in pennanent impacts to 0.13 acre (385 linear feet) non- wetland waters of the United States. A Nationwide Pennit (NWP) 14 may be issued for the proposed project if pennanent impacts to waters of the United States are less than 0.50 acre and 300 linear feet. The District Engineer may waive the 300 linear foot requirement if it is determined that the proposed project complies with all other tenns and conditions of the NWP and adverse environmental effects are minimal both individually and cwnulatively. The District Engineer must waive the limitation on stream impacts in writing before the pennittee may proceed with construction. If the District Engineer does not waive the linear foot requirement for the proposed project, an individual pennit (W) would be required. Individual Permits require the USACE to issue a Public Notice, review a full analysis of alternatives, and prepare a NEPA document. The NWP process does not require the USACE to issue a Public Notice, review a full analysis of alternatives, or prepare a NEPA document. 6.2 CALIFORNIA DEPARTMENT OF FISH AND GAME PERMIT REQUIREMENTS A CDFW Streambed Alteration Agreement, under Section 1602 of the California Fish and Game Code is required. The Streambed Alteration Agreement for the Project will contain terms and conditions governing the nature of the impacts allowed, and may include restrictions on the locations, methods, or timing of project activities affecting the stream. In addition, compensatory mitigation to offset any pennanent losses of streambeds caused by the Project may be required. The project applicant must submit a Notification of Lake or Streambed Alteration to the CDFW prior to diverting, obstructing, or altering the jurisdictional drainage of Little Fncinas Creek 6.3 REGIONAL WATER QUALITY CONTROL BOARD PERMIT REQUIREMENTS In connection with notification to the USACE under Section 404 of the CWA, pursuant to 33 CFR Part 330, a written request for Section 401 water quality certification must be submitted to the RWQCB to ensure that no degradation of water quality would result from the proposed project. The RWQCB Section 401 certification must be issued prior to commencement of any project activity that might affect water quality. RWQCB jurisdictional impact areas are the same as those descnbed for the USACE. Hoffy Springs Cal/ege Blvd. Reach A Nor/h Segment J11risdictio11al Deten11inatio1r RepDrl 22 PS Job #150514 May 5, 2016 7.0 REFERENCES California Department of Fish and Game (CDFW) Environmental Services Division, A Field Guide to Lake and Streambed Alteration Agreements, Sections l 600~ 1607, 1994. Hickman, James C., The Jepson Manual Higher Plants of California, 1993. Merkel & Associates, Inc., College Boulevard Reach A Biological Resources Report, March 19, 2010. Natural Resources Conservation Service, San Diego Area, California, Soil information online at http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Natural Resources Conservation Service, National Hydric Soils List for California accessed online at http:/ /soils. usda. gov/use/hydric/li sts/state.ntml. Recon, Final Environmental Impact Report Calavera Hills Master Plan, Bridge and Thoroughfare District No. 4 and Detention Basins, 2001. U.S. Environmental Protection Agency and U.S. Anny Corps of Engineers June 5, 2007, "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. U.S. & Carabell v. U.8''., 2007. U.S. Fish and Wildlife Service, National Wetland Inventory Online Wetland Mapper, or online at http://www.fws.gov/wetlands/Data/Mapper .ntml. Western Regional Climate Center, online athttp://www.ncdc.noaa.gov/oa/climate/regionalclimate centers.html. Holly Springs Colfege Bl11d. Reacli A No,·th Segment Jurisdiclional Dere,-mination Repon 23 APPENDIX A PHOTOGRAPHS APPENDIXB OHWM DATASHEET Arid West Ephemeral and Intermittent Streams OHWM Datasheet Project: College Blvd. Reach A North Segment Date: 4119/16 Time: 11:00AM Project Number: Town: 9arlsb d State: CA Stream: Little Encinas Creek Photo begm file1: Photo end file#: Investh!ator(s): Y [ii / N D Do normal circumstances exist on the site? Location Details: South of Cannon Rd. in eastern Carlsbad, CA Y Iii / N O Is the site significantly disturbed? Projection: Datum: NAD83 Coordinates: 33.154123N/-117.285908W Potential anthropogenic influences on the channel system: Riprap and rocks dropped into channel. Domestic vegetation planted adjacent to streambed. Berm constructed on both sides adjacent to streambed. Urban development adjacent to streambed. Brief site description: Little Encinas Creek is an Incised, ephemeral channel, unvegetated streambed with a relatively consistent channel averaging approximately 14 feet in with. Flat terrain. Steep banks, 5-feet in height. Generally sandy soil. Checklist ofresources (if available): Iii Aerial photography □ Stream gage data Dates: Gage number: [jJ Topographic maps Pericxl of record: [jJ Geologic maps □ History of recent effective discharges [jJ Vegetation maps □ Results of flood frequency analysis [jJ Soils maps □ Most recent shift-adjusted rating □ Rainfall/precipitation maps □ Gage heights for 2-, 5-, 10-, and 25-year events and the Iii Existing delineation(s) for site most recent event exceeding a 5-year event [ii Global positioning system (GPS) D Other studies Hydrogeomorphlc Floodplain Units 1· AcUve Floodplain Low Terrace ' ' ~ 1· -r Low-Flow Channels OHWM Paleo Channel Procedure for identifying and characterizing the floodpJain units to assist in identifying the OHWM: 1. Walk the channel and floodplain within the study area to get an impression of the geomorphology and vegetation present at the site. 2. Select a representative cross section across the channel. Draw the cross section and label the floodplain units. 3. Determine a point on the cross section that is characte1istic of one of the hydrogeomorphic floodplain units. a) Record the floodplain unit and GPS position. b) Describe the sediment texture (using the Wentworth class size) and the vegetation characteristics of the floodplain unit. c) Identify any indicators present at the location. 4. Repeat for other points in different hydrogeomorphic floodplain units across the cross section. 5. Identify the OHWM and record the indicators. Record the OHWM position via: [ii Mapping on aerial photograph D GPS I [jJ Digitized on comnuter [jJ Other: Confirmina nrevious JD Project ID: Cross section ID: Date: 4/21/16 Time: 3:00 PM Cross section drawing: OHWM GPS point: 1 (OHWMLEC1) Indicators: Ii] Change in average sediment texture 0 Change in vegetation species 0 Change in vegetation cover Comments: i] Break in bank slope 0 Other: _______ _ □ Other: ______ ~ Clear bed and bank. Almost totally unvegetated. Some ruderal and eucalyptus vegetation in the immediate vicinity. Highly defined, almost vertical slope banks which break to small bermed terrain at the top. Sediment at the channel bottom is mostly loose and unconsolidated sand. Channel banks have greater level of consolidation, rocks and some cobbles. Floodplain unit: Iii Low-Flow Channel GPS point: Sama as above Characteristics of the floodplain unit: Average sediment texture: Fine to medium sand Total veg cover: _o __ % Tree: 10 % Community successional stage: Ii] NA D Early (herbaceous & seedlings) Indicators: D Mudcracks D Ripples Iii Drift and/or debris Iii Presence of bed and bank liJ Benches Comments: D Active Floodplain 0 Low Terrace Shrub: _1 __ % Herb: o % D Mid (herbaceous, shrubs, saplings) D Late {herbaceous, sluubs, mature trees) D Soil development D Surface relief □ Other: _______ _ □ Other: _______ _ □ Other: ______ ~ 4K APARTMENTS PROPERTY FLOOD HAZARD AREA MAP Attached is a map ofFFMA Flood Ha1.ard Areas and their relation to the 4K Apartments Property. This map demonstrates that no Special rlood Hazard Areas me located on the property. The closest Flood I lazard Are,1 is shown by FE:\1/\ as being almost 450 feet to the south of the apartment prope11y. Little Fncinas Creek however has a small flood zone immediately southwest of the extension of Cannon Road. Source: FEMA.gov \Vehsitc (October 2020): National Flood Hazard Layer Viewer (October 14, 2020) 4K Apartments Project SB 330 Streamline Application 4K APARTMENTS PROPERTY DELINEATED EARTHQUAKE FAULT ZONE MAP Anachcd is a map of Delineated Earthquake Fault Lones located in the coastal southern California area, as idcnti{ICd by the California Geological Survey -Seismic Hazard Program. This map demonstrates the geographical relationship of the identified fault 7ones to the location of the Ponto Beachfront property, in southwestern Carlsbad. This map demonstrates that the closest identified earthquake fault zone is the Rose Canyon Fault Zone, located north of La Joi la, in excess of 15 miles south of the Ponto !1eachfronl site. The next closest identified fault zones are at the base of Palomar Mountain and Mount Laguna, in eastern San Diego County, some 25 miles easterly of Carlsbad. /\[so attached is a letter report from GcoSoils, dated November 13. 2020, indicating their opinion that the property is not in a known earthquake foult zone nor a haLardous \vastc site. Mapping Source: California Department ofC:onscrvation \Vcbsite (March 2021 ); California Geological Survey Earthquake Hazard Zones Seismic Hazards Program (SI IP) Fault Zones (Last updated January 10, 2018) 4K Apartments ProJect SB 330 Streamline Application 4K APARTMENTS PROPERTY HAZARDOUS WASTE REPORT /\ report from GeoSoils. Dated November 13. 2020, concludes that the property is not a hazardous waste site. This r<::port is attached. 4K Apartments Project SB 330 Streamline Application Geotechnical • Geologic• Coastal• Environmental 5741 Palmer Way • Carlsbad, California 92010 • (760) 438-3155 • FAX (760) 931-0915 • www.geosoilsinc.com Sea Bourne Development, Inc. 1525 Mesa Verde E, Suite 21 o Costa Mesa, California 92626 Attention: Mr. Ken Cablay November 13, 2020 W.O. 7507-A2-SC Subject: Geotechnical and Environmental Review in Support of SB 330 Streamline Application, Holly Springs-Encinas Creek 11, Carlsbad, San Diego County, California Dear Mr. Cablay: \n accordance with your request and authorization, GeoSoils, lnc. (GSI) is presenting the results of our geotechnical and environmental review regarding the possible location of the site in a potential earthquake fault zone or hazardous waste site. The scope of our services has included a review of the referenced documents in the Appendix, analysis of data, and preparation of this summary letter. To evaluate if the site is in an earthquake fault zone, GS! reviewed "Earthquake fault zones, a guide for government agencies, property owners/developers, and geoscience practitioners for assessing fault rupture hazards in California," by the California Geological Survey (2018 [see references]). The nearest active fault lies offshore, and is part of the Newport~lnglewood -Rose Canyon fault zone, and the site is not in an Alquist-Priolo Earthquake Fault Zone. To evaluate if the site is in a local fault zone, GSI reviewed "Geotechnical hazards analysis and mapping study, Fault location and seismically induced ground shaking maps" dated November, 1992, by the City of Carlsbad. While the region includes bedrock (ancient) faults, no Holocene (active) faults are know to exist in the Holly Springs-Encinas \I area. To evaluate if the site is in a hazardous wast site, GSl utilized EnviroStor, maintained at the California Department of Toxic Substances Control's (DTSC) website. EnviroStor is the (DTSC) data management system for tracking cleanup, permitting, enforcement and investigation efforts at hazardous waste facilities and sites with known contamination or sites where there may be reasons to investigate further. DTSC maintains the website, which provides information pertaining to hazardous waste generators, including types of waste generated, volumes, and dates. The subject site is not shown as underlain by hazardous waste. Geo Tracker is the Regional Water Quality and Control Boards' data management system for sites that impact, or have the potential to impact, water quality in California, with emphasis on groundwater. Geo Tracker contains records for sites that require cleanup, such as Leaking Underground Storage Tank (LUST) Sites, Department of Defense Sites, and Cleanup Program Sites. One site was mapped on the property margin, in the intersection of College Blvd and Canon Rd. This site (id T0607377031 ), was opened on August15, 2002, and closed on February 15, 2005. Based on the case status, it is not anticipated to affect the site. CONCLUSIONS Based on our engineering and geologic analyses, the site is not in a known active earthquake fault zone, nor located in a hazardous waste site. LIMITATIONS The materials encountered on the project site and utilized for our analysis are believed representative of the area. Inasmuch as our study is based upon our review and engineering analyses and laboratory data, the conclusions and recommendations are professional opinions. These opinions have been derived in accordance with current standards of practice, and no warranty, either express or implied, is given. Standards of practice are subject to change with time. GSl assumes no responsibility or liability for work or testing performed by others, or their inaction. Use of this report constitutes an agreement and consent by the user to all the limitations outlined above, notwithstanding any other agreements that may be in place. In addition, this report may be subject to review by the controlling authorities. Thus, this report brings to completion our scope of services for this portion of the project. SeaBourne Development Co. Holly Springs Project, Carlsbad F1le.e \wp1217500\7507a2.gro GeoSoils, Inc. W.O. 7507-A2-SC November 13, 2020 Page 2 Sea Bourne Development Co. Holly Springs Project, Carlsbad File:e:\wp12\7500\7507a2 gro APPENDIX SELECTED REFERENCES GeoSoils, Inc. W.O. 7507-A2-SC November 13, 2020 Page 4 APPENDIX SELECTED REFERENCES Buccola Engineering, Inc., 2001, Composite tentative map, Cantarini property, Carlsbad, California, 1"=100' scale, revised dated June 14. California Department of Conservation, California Geological Survey (CGS), 2018, Earthquake fault zones, a guide for government agencies, property owners/developers, and geoscience practitioners for assessing fault rupture hazards in California: California Geological Survey Special Publication 42 (revised 2018), 93 p. City of Carlsbad, 2020, SB 330 Streamline Application, Information Bulletin P-32. __ , 1992, Geotechnical hazards analysis and mapping study, dated November. EEi, 2011, Geotechnical evaluation, proposed multi-family residential development, Encinas Creek Project, north of El Camino Real, Carlsbad, California, P.N. SEA- 71249.4, dated October 24. GeoSoils, Inc., 2020, Geologic and Geomorphic Evaluation of Tributary Creek Drainage for Channel Classification to Aid in Investigating Potential Critical Coarse Sediment Yield Areas, Proposed Extension of College Boulevard at Cannon Road, Holly Springs, Carlsbad, San Diego County, California, W.O. 7507-A1-SC, dated February 20. __ , 2018, Update of Limited Geotechnical Evaluation, Holly Springs Project, Carlsbad, San Diego County, California, W.O. 7507-A-SC, dated September 19 __ , 2001, Geotechnical update review, Holly Springs project, city of Carlsbad, San Diego County, California, W.O. 2929-A-SC, dated October 11. __ , 2000a, Addendum to "Limited geotechnical evaluation, Holly Springs project, Carlsbad, California, San Diego County, California," W.O. 2929-A-SC, dated October 11, 2000, By GeoSoils, Inc., W.O. 2929-A-SC, dated October 16. , 2000b, Limited Geotechnical Evaluation, Holly Springs Project, Carlsbad, California, San Diego County, California, W.O. 2929-A-SC, dated October 11. Ladwig Design Group, Inc., 2000, Holly Springs, Job L-106, 2 Sheets, scale:1"~100', undated. O'Day Consultants, 2019, Holly Springs, Critical course sediment, 1 sheet, scale:1 "= 100', dated July 23. SeaBourne Development Co. Holly Springs Project, Carlsbad File :e. \wp 1 2\ 7500\7507a2 .gro GeoSoils, Inc:. W.O. 7507-A2-SC November 13, 2020 Page 1 4K APARTMENTS PROPERTY CULTURAL INFORMATION A report on a Cultural Rcsoun.:es Records Search (I .Si\, October 2016) has been conducted for the property. This included an archaeological and historiciil records search and the examination of historic maps and aerial photographs. Seventeen ( 17) documented archaeological investigations have taken place within a quarter-mile radius of the project area, live of which involve the pro_iect location. The investigations indicate that prehistoric sites arc in proximity to the project area. The following inventories were also examined: National Register of Historic Places, California Regi~ter of Historical Resources, California! listorical I .and marks, California I !istoric Properties Directory. and California Points of Historical Interest within a half-mile radius. Based on the results of the records search, no cultural resources !rnve been previously recorded within the APE for the ACOE boundary. One cultural resource, P--37-017303, which consists of prehistoric lithics, shell, and milling features, is located approximately 100 feet cast of the APE. Testing and surfm;e collection at the site recovered 14 artifacts associated with the bedrock milling features, but no subsurface deposit was observed and the site \Vas recommended as not eligible for listing on the 1\ational Register or Historic Places. Results: 1\cgative. Please see the anached Cultural Resources Survey Results report (I.SA, 2016). No map of the location of cultural resources in the vicinity of the property is provided as standard professional practice con:,idcrs such maps to be confidential information so as to avoid archaeological looting of these locations. 4K Apartments Project SB 330 Streamline Application LSA ~E~KELEY CARLSBAD FRESNO IRVINt PALM SPRINGS POINI RICHMOND RIVfRSIDE ROCKI IN SAN LUIS ORISPO October 19, 2016 Ken Cablay President Sea Bourne Development Company 5431 Avenida Encinas, Suite H Carlsbad, California 92008 Subject: Cultural Resources Records Search Results for the Encinas Creek Apartments Project, Carlsbad, California (LSA Project No. SBD1601) Dear Mr. Cablay: LSA completed a cultural resources records search for a 0.12-acre Area of Potential Effects (APE) within the jurisdiction of the United States Army Corps of Engineers (Corps) near the Encinas Creek Apartments Project (Project) on September 21, 2016 (Figure 1). The records search results were received from the South Coastal Information Center (SCIC) at San Diego State University on October 18, 2016. The records search included an examination of all previous surveys, archaeological sites, subsurface investigations, and all surveys and investigations that have been completed within a half- mile radius of the project area. The following inventories were also examined: National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, California Historic Properties Directory, and California Points of Historical Interest within a half-mile radius. Results of the records search indicate that at least 24 previous cultural resources studies have occurred within a half-mile of the project APE (Table 1). These studies include historic building evaluations, data recovery and testing programs, and results of surveys and archaeological monitoring during construction. Seven previous studies include portions of the APE, the most recent of which was completed in 2003. Thirty-two cultural resources have been recorded within a half-mile of the project APE, none of which are located within the APE (Table 2). Site P-37-017303 is located approximately 100 feet northeast of the APE, and consists of a prehistoric lithic and shell scatter with associated bedrock milling features (Stropes 2016). The oth~r previously recorded resources include mainly prehistoric sites with bedrock milling features, and lithic and shell scatters. One historic-age resource, P-37- 024329, is the Robertson Ranch farm house that was constructed in the late 1890s (Pierson 2001). CO/ '.9/16 (P'\SBD16C-l -Encinas C-eek Apartrnents\Rr~ort\5BD160 1 RSSummaryLelter 10-2016,dou) 703 Palomar Airport Road, Suite 260, Carlsbad, California 92011 760.931.5471 www.lsa.net Table 1: Summary of Previous Studies Report No. Author Report Title Date SD-01016 Gallegos, Dennis And Cultural Resource Survey Of The Mar Vista OVl Trunk Andrew Pigniolo Sewer line, Vista, California 1987 SD-01129 Hector, Susan An Archaeological And Historical Survey Of Robertson Ranch, Carlsbad. 1985 SD-02598 Archaeological Evaluations At Calavera Hills Sdi-5416, Wade, Sue Archaeological Testing At Sdi-12470, Sdi-12471. 1992 Carlsbad SD-02830 Negative Archaeological Survey Report 11-Sd-76, Corum, Joyce P.M.Ro.O/R2.9 11222-159021, San Diego County -1993 Agua Hedionda Creek Drainage SD-03528 Gross, G. Timothy and Archaeological Testing Of A Portion Of Sdi-14,809, An Ruth C. Alter Archaeological Site On A Segment Of The South Agua 1998 Hedionda Trunk Sewer Carlsbad, California SD-04111 Draft Environmental Impact Report Revised Parks And Larry Seeman Recreation Element, Carlsbad, California 1982 SD-04229 Bull, Charles An Archaeological Reconnaissance Of The Lake 1977 Calavera Hills Plan Area SD-04796 Brandes, Ray An Historical/Archaeological Study Of Block SD-31, New San Diego, San Diego, California 1987 50-08754 Addendum To The Cultural Resource Survey Report Hanna, David C. For Carlsbad Highlands City Of Carlsbad, San Diego 1981 County, California SD-09249 Smith, Brian F. and An Archaeological Study Of The Rancho Carlsbad 2004 Shannon Gilbert Additions SD-09336 Berryman, Judy A. and Significance Evaulations Of Cult ural Resource Sites 2001 Cheever, Dayle M. Located At The Cantarini Property SD-09337 Berryman, Judy A. and Significance Evaluations Of Cultural Resource Sites 2001 Cheever, Dayle M. Located On Cantarini Property, City Of Carlsbad 50-09338 Bull, Charles and Harry J. Cultural Resource Significance Testing Of Archaeological Site CA-SDl-16661 On The Holly 2004 Price Springs Property Carlsbad, California SD-09571 Guerrero, Monica C. and City Of Carlsbad Water And Sewer Master Plans Dennis R. Gallegos Cultural Resource Background Study City Of Carlsbad, 2003 California SD-09708 Smith, Brian F. and An Archaeological Study Of The Rancho Carlsbad 2005 Shannon Gilbert Maintenance Area SD-10668 Rosenberg, Seth A. and An Archaeological Survey For The Calavera Creek 2006 Brian F. Smith Riprap Project, San Diego County, California 50-11167 Pierson, Larry J. A Mitigation Supplement For the Kelley Ranch House 2007 On The Robertson Ranch Project (10/19/2016) P:\S601601 -Encinas Creek Apartments\Report\S60160l_RSSummaryletter_l0-2016.docx 2 Table 2: Previously Recorded Resources within a 0.5-Mile Radius of the Project APE Site Number Type Recorder P-37-009615 Prehistoric lith1c and shell scatter Stropes (2016) Hector (1982) P-37-010610 Prehistoric lithic scatter Wade (1985} P-37-010611 Prehistoric lithic and shell scatter Wade (1985) P-37-011756 Prehistoric lithic and shell scatter Wade and Ritz (1990) P-37-011757 Prehistoric milling feature Wade and Ritz (1990) P-37-012470 Prehistoric lithic and shell scatter Hanna (1991) P-37-016317 Prehistoric shell scc1tter; historic refuse deposit Affinis (1998) P-37-017303 Prehistoric lithic and shell scatter, bedrock milling features Stropes (2016) BFSA (1999) P-37-017304 Prehistoric bedrock milling features, groundstone, shell and lithic scatter Stropes (2016) BFSA (1999) P-37-018281 Prehistoric lithic and groundstone scatter Collett (1998) P-37-018284 Stropes (2016) Prehistoric isolate Collett and Cheever (1998) P-37-024324 Prehistoric shell scatter and groundstone BFSA (2001) P-37-024325 Prehistoric lithic and shell scatter BFSA (2001) P-37-024326 Prehistoric shell scatter and groundstone BFSA (2001) P-37-024328 Prehistoric shell scatter BFSA (2001) P-37-024329 Historic farm house (Robertson Ranch) Pierson {2001) P-37-025141 Prehistoric lithic and shell scatter, bedrock milling features RECON (2003) P-37-035998 Prehistoric isolate Hahnlen (2016) P-37-035999 Prehistoric isolate Hahnlen (2016) P-37-036004 Prehistoric shell scatter Hahnlen (2016) P-37-036005 Prehistoric bedrock milling feature Hahnlen (2016) P-37-036006 Prehistoric bedrock milling feature Hahnlen (2016) P-37-036007 Prehistoric shell scatter Hahnlen (2016) P-37-036008 Prehistoric shell scatter Hahnlen {2016) P-37-036009 Prehistoric bedrock milling feature Hahnlen (2016) 110/19/201 6) P :\SBD J 601 -Encinas Creek Apa r:ment, \Report\SBD1601 _RSSummaryLetter _ 10-2016.dor. 4 DISCUSSION Based on the results of the records search, no cultural resources have been previously recorded within the APE for the ACOE boundary. One cultural resource, P-37-017303, which consists of prehistoric lit hies, shell, and milling features, is located approximately 100 feet east of the APE. Testing and surface collection at the site recovered 14 artifacts associated with the bedrock milling features, but no subsurface deposit was observed and the site was recommended as not eligible for listing on the National Register of Historic Places (Stropes 2016). Sincerely, LSA ASSOCIATES, INC. Rod Mclean, M.A., RPA Associate/Senior Cultural Resources Manager Attachments: Figure 1: Project Location REFERENCES Pierson, Larry 2001 Site Form for P-37-024329, California Department of Parks and Recreation, Sacramento, California. On file at the South Coastal Information Center, San Diego State University. Stropes, Tracy 2016 Site Form for P-37-017303, California Department of Parks and Recreation, Sacramento, California. On file at the South Coastal Information Center, San Diego State University. ( 10/19/'20 16,'I P :\S BO 1501 -Encina, Creek Apartmer ts\Report\SBDl 501 _ RSSu "Tl cnaryletter 10-2016,docx 5 4K APARTMENTS PROPERTY RECORDED PUBLIC EASEMENTS Attached is a map of the 4K Apa11ments property showing existing easements and public rights-of-way. Two (2) easements presently exist on the affected property: l. Public Street & Utilities (ROW for College 11lvd); Beneficiary City of Carlsbad. Recorded 2/4/98. 2. Public Street & Utilities (ROW) for College Blvd); Beneficiary City of Carlsbad, Recorded 3/27/07. Sour<.;e: O'Day Consu!tanh, April 8, 2021 4K Apartments Project SB 330 Streamline Application 4K APARTMENTS PROPERTY AERIAL SITE PHOTOGRAPH ·--·--------------------------- Attached is an Aerial Site Photograph of the 4K Apartments property, including the extension of College Boulevard to Cannon Rmid. 1::xisting site conditions arc primarily agriculture, with some slopes covered with coastal sage scrub. L ittlc Encinas Creek flows dia~onally across the e.\.tcnsion of Col lcge Boulevard. Source: Google Ea1th Pro (Flown on August 17, 2019) 4K Apartments Project SB 330 Streamline Application