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HomeMy WebLinkAboutGPA 15-02; OCEAN VIEW POINT; MITIGATION SITES AND DEPICTED EASEMENTS; 2019-02-05Further, the SDG&E Subregional Plan (see Chapter 7.3) provides for the use of rights of way as connections between habitat areas, including in sections, on this transmission line. In that Chapter, fourth paragraph, SDG&E agreed that "To the extent SDG&E rights-of-way extend over land in which it does not hold an undivided fee interest, SDG&E agrees to approve of and when appropriate, encourage the conveyance, grant or dedication of such land by the fee owner to any relevant Habitat Conservation Planning Management entity for wildlife conservation purposes; provided, however, any such conveyance, grant, or dedication shall be subject to the (aforementioned ) authorizations and Permitted Activities granted by USFWS and CDFG to SDG&E herein and to the rights of SDG&E to use such property for public utility purposes to the extent SDG&E held such rights, in law or in equity, at the time of such conveyance, grant or dedication. SDG&E further agrees, where the company's land rights allow, to prevent the underlying land owner from removing habitat within rights-of-way of significant habitat value to the extent feasible." In short, restoration can occur within SDG&E rights of way, and later impacts to restored areas would be avoided or should they occur, be mitigated. Regarding other easements: Restoration will be avoided within the City of Carlsbad trail, sewer, and drainage easements and if appropriate, the communication facllities. Accordingly, per your memo of January 22, 2019, the final restoration plans will include maps showing all current easements to ensure that the mitigation sites do not fall within easements that could be at risk of unmitigated disturbance in the future. Please advise if you have any questions. Attachments