HomeMy WebLinkAboutHMP 09-03; ROMERIA STREET CHANNEL IMPROVEMENT; JURISDICTIONAL DELINEATION; 2008-04-14JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT PROJECT
CITY OF CARLSBAD, CALIFORNIA
Submitted to
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Prepared by
LSA Associates, Inc.
Pacific Center
703 Palomar Airport Road, Suite 260
Carlsbad, CA 92011
(760) 931-5471
LSA Project No. HCR0801
LS A
April 14, 2008
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LSA ASSOCIATES, INC.
APRIL 2008
JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
TABLE OF CONTENTS
INTRODUCTION ....................................................................................................................... 3
SITE DESCRIPTION AND HISTORY ...................................................................................... 3
PROPOSED PROJECT ............................................................................................................... 3
REGULATORY BACKGROUND ............................................................................................. 6
METHODS ................................................................................................................................ 11
RESULTS .................................................................................................................................. 12
CONCLUSIONS ........................................................................................ : .............................. 14
REFERENCES .......................................................................................................................... 18
FIGURES
Figure 1: Project Location ...................................................................................................................... 4
Figure 2. Habitat Management Plan Location ........................................................................................ 5
Figure 4. Corps Potentially Jurisdictional Waters and Sample Pit Locations ...................................... 15
Figure 5. CDFG Potentially Jurisdictional Habitat .............................................................................. 17
TABLE
Table A: Hydrophytic Vegetation .......................................................................................................... 9
APPENDICES
A: SITE PLANS AND TEST PIT LOCATIONS
B: WETLAND DATA FORMS
C: PHOTO LOG, PHOTO LOCATION MAP, AND SITE PHOTOGRAPHS
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LSA ASSOCIATES, INC.
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JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
INTRODUCTION
This report presents the results of a delineation by LSA Associates, Inc. (LSA) of potential wetlands
and waters subject to the jurisdiction of the United States and the State of California within the
project study area for the proposed Romeria Street Drainage Improvement project (project) in the
City of Carlsbad (City), San Diego County (County), California (Figure 1). This report addresses the
requirements of the federal Clean Water Act (CWA) and the California Fish and Game Code. This
report has been prepared for use by the United States Army Corps of Engineers (Corps), the Regional
Water Quality Control Board (RWQCB), and the California Department of Fish and Game (CDFG)
as part of their review of applications for permit authorization.
This routine wetland and jurisdictional delineation was conducted under contract to the City. The
findings and conclusions presented in this report, including the location and extent of wetlands and
other waters subject to regulatory jurisdiction, represent the professional opinion ofLSA and should
be considered preliminary until verified by representatives of the Corps and the CDFG.
SITE DESCRIPTION AND HISTORY
The project is located near the intersection of La Costa A venue and Romeria Street in the City of
Carlsbad, San Diego County, California on USGS Rancho Santa Fe topographical Quadrangle map
(Figure 1). Specifically the project is located in Section 36, Township 12 S, Range 4 W SBB&M. The
project study area is located in a natural low point with an elevation of 115 feet above mean sea level
(AMSL) at the upstream end to approximately 90 feet AMSL at the downstream end of the project
study area. Flows are conveyed in a concrete-lined swale in a northerly direction. The surrounding
area consists of residential development. The project is bounded by vacant lots, residential
development, and Romeria Street to the east, La Costa A venue to the north, and vacant lands and
residential homes to the west and south. A Reinforced Concrete Pipe (RCP) culvert with a 48-inch
diameter pipe conveys storm flows from the concrete drainage under La Costa Avenue where the
drainage continues north for approximately 850 feet and outlets into San Marcos Creek (Rick
Engineering 2007). The majority of the project study area is located within a drainage easement on
land owned by the City. The project is contained within a Hardline Preserve according to the City's
Habitat Management Plan (HMP) (Figure 2). The channel has been subject to undermining and has
deteriorated since construction. Several portions of concrete lining are missing or severely damaged.
PROPOSED PROJECT
The City proposes to remove and replace an existing concrete-lined channel ( channel), splash wall,
headwall, two brow ditches and to install new slope protection in order to ensure the channel
functions adequately for flood control purposes. The project takes place on a drainage easement on
City owned property. Two test pit locations for geological testing are proposed adjacent to the west
bank of the channel (Appendix A). Construction and future maintenance access will be provided by
grading an access ramp and pad from La Costa Avenue to the channel (Appendix A).
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Project Location ap
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JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROV!i;MENT
CITY OF CARLSBAD, CALIFORNIA
REGULATORY BACKGROUND
United States Army Corps of Engineers
The Corps regulates discharges of dredged or fill material into waters of the United States. These
waters include wetland and nonwetland bodies of water that meet specific criteria. Pursuant to Section
10 of the Rivers and Harbors Act of 1899 (33 United States Code [U.S.C.] 403), the Corps regulates
almost all work in, over, and under waters listed as "navigable waters of the U.S." Corps regulatory
jurisdiction, pursuant to Section 404 of the CW A, is founded on a connection, or nexus, between the
water body in question and interstate commerce. This connection may be direct, through a tributary
system linking a stream channel with traditional navigable waters used in interstate or foreign
commerce, or indirect, through a nexus identified in the Corps regulations. The following definition
of waters of the United States is taken from the discussion provided at 33 Code of Federal
Regulations (CFR) 328.3:
The term waters of the United States means:
(1) All waters which are currently used, or were used in the past, or may be
susceptible to use in interstate or foreign commerce ... ;
(2) All interstate waters including interstate wetlands;
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent
streams) ... the use, degradation or destruction of which could affect interstate or
foreign commerce ... ;
( 4) All impoundments of waters otherwise defined as waters of the United States
under the definition; and
( 5) Tributaries of waters defined in paragraphs (a) (1 )-( 4) of this section.
The Corps typically considers jurisdiction as waters of the United States with respect to bodies of
water displaying an ordinary high water mark (OHWM). Corps jurisdiction over nontidal waters of
the United States extends laterally to the OHWM or beyond the OHWM to the limit of any adjacent
wetlands, if present (33 CFR 328.4). The OHWM is defined 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 litter and debris, or
other appropriate means that consider the characteristics of the surrounding area. (33 CFR
328.3)
Jurisdiction typically extends upstream to the point where the OHWM is no longer perceptible. Under
Section 404, Corps jurisdiction over tidal waters of the United States shoreward extends to the line on
the shore reached by the highest high water.
Under Section 10, Corps jurisdiction over tidal waters of the United States extends from the ordinary
low tide 3 nautical miles seaward. Corps jurisdiction shoreward extends to the line on the shore
reached by the mean high water. This jurisdiction extends to this edge even though portions of the
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JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
water body may be extremely shallow and are thus considered "navigable in law" although they may
not be navigable in fact (33 CFR 329.12).
As discussed above, Corps regulatory jurisdiction under Section 404 of the CW A is founded on a
connection between the water body in question and interstate commerce. This connection may be
direct, through a tributary system linking a stream channel with traditional navigable waters used
in interstate or foreign commerce, or indirect, through a nexus identified in the Corps regulations. In
the past, an indirect nexus could potentially be established if isolated waters provided habitat for
migratory birds, even in the absence of a surface connection to a navigable water of the United States.
The 1984 rule that enabled the Corps to expand jurisdiction over isolated waters of this type became
known as the Migratory Bird Rule. However, on January 9, 2001, the United States Supreme Court
narrowly limited the Corps jurisdiction of "nonnavigable, isolated, intrastate" waters based solely on
the use of such waters by migratory birds, and particularly on the use of indirect indicators of
interstate commerce ( e.g., use by migratory birds that cross state lines) as a basis for jurisdiction. The
court's ruling derives from the case Solid Waste Agency of Northern Cook County v. United States
Army Corps of Engineers, No. 99-1178 (SW ANCC). The Supreme Court determined that the Corps
exceeded its statutory authority by asserting CW A jurisdiction over an abandoned sand and gravel
pit in northern Illinois that provides habitat for migratory birds.
In 2006, the United States Supreme Court further considered the Corps jurisdiction of "waters of
the United States" in the consolidated cases Rapanos v. United States and Carabell v. United States
(126 S. Ct. 2208), collectively referred to as Rapanos. The Supreme Court concluded that wetlands
are "waters of the United States" if they significantly affect the chemical, physical, and biological
integrity of other covered waters more readily understood as navigable. On June 5, 2007, the Corps
issued guidance regarding the Rapanos decision. This guidance states that the Corps will continue
to assert jurisdiction over traditional navigable waters, wetlands adjacent to traditional navigable
waters, relatively permanent nonnavigable tributaries that have a continuous flow at least seasonally
(typically three months), and wetlands that directly abut relatively permanent tributaries. The Corps
will determine jurisdiction over waters that are nonnavigable tributaries that are not relatively
permanent and wetlands adjacent to nonnavigable tributaries that are not relatively permanent only
after making a significant nexus finding.
Furthermore, the preamble to Corps regulations (Preamble Section 328.3, Definitions) states that the
Corps does not generally consider the following waters to be waters of the United States. The Corps
does, however, reserve the right to regulate these waters on a case-by-case basis.
• Nontidal drainage and irrigation ditches excavated on dry land
• Artificially irrigated areas that would revert to upland if the irrigation ceased
• Artificial lakes or ponds created by excavating and/or diking dry land to collect and retain water
and used exclusively for such purposes as stock watering, irrigation, settling basins, or rice
growing
., Artificial reflecting or swimming pools or other small ornamental bodies of water created by
excavating and/or diking dry land to retain water for primarily aesthetic reasons
" Water-filled depressions created in dry land incidental to construction activity and pits excavated
in dry land for purposes of obtaining fill, sand, or gravel unless and until the construction or
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ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
excavation operation is abandoned and the resulting body of water meets the definition of waters
of the United States.
Often, waters found to be isolated and not subject to Corps regulation are still regulated by the
RWQCB under the State Porter-Cologne Water Quality Control Act (Porter-Cologne Act).
Wetlands
Wetland delineations for Section 404 purposes must be conducted according to the Interim Regional
Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Regional
Supplement) (Corps 2006) and the Corps of Engineers 1987 Wetland Delineation Manual (1987
Manual) (Environmental Laboratory 1987). Where there are differences between the two documents,
the Regional Supplement talces precedence over the 1987 Manual.
The Corps and Environmental Protection Agency (EPA) define wetlands as follows:
Those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted to life in saturated soil conditions.
In order to be considered a jurisdictional wetland under Section 404, an area must possess three
wetland characteristics: hydrophytic vegetation, hydric soils, and wetland hydrology. Each
characteristic must satisfy a specific set of wetland criteria. Several parameters (indicators) may be
analyzed to determine whether the criteria are satisfied.
Hydrophytic vegetation and hydric soils indicators provide evidence that episodes of inundation have
lasted more than a few days or have occurred repeatedly over a period of years, but do not confirm
that an episode has occurred recently. Conversely, wetland hydrology provides evidence that an
episode of inundation or soil saturation occurred recently, but does not provide evidence that episodes
lasted more than a few days or occurred repeatedly over a period of years. Because of this, if an area
lacks one of the three characteristics under normal circumstances, the area is considered non wetland
under most circumstances.
Determination of wetland limits may be obfuscated by a variety of natural environmental factors or
human activities-collectively called difficult wetland situations-including cyclic periods of drought
and flooding or highly ephemeral stream systems. During periods of drought, for example, bank
return flows are reduced and water tables are lowered.· This results in a corresponding lowering of
ordinary high water and invasion of upland plant species into wetland areas. Conversely, extreme
flooding may create physical evidence of high water well above what might be considered ordinary
and may allow the temporary inva~ion of hydrophytic species into non wetland areas. In highly
ephemeral systems typical of Southern California, these problems are encountered frequently. In
these situations, professional judgment based on years of practical experience and extensive
knowledge oflocal ecological conditions comes into play in delineating wetlands. The Regional
Supplement provides additional guidance for difficult wetland situations.
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CITY OF CARLSBAD, CALIFORNIA
Hydrophytic Vegetation. Hydrophytic vegetation is plant life that grows and is typically adapted
for life in permanently or periodically saturated soils. Hydrophytic indicator species are those
included on the National List of Plant Species That Occur in Wetlands: California (Region OJ (Reed
1988), published by the United States Fish and Wildlife Service (USFWS). Each species on the list is
rated according to a wetland indicator category, as shown in Table A.
Table A: Hydrophytic Vegetation
Category Probability
Obligate Wetland OBL Almost always occur in wetlands ( estimated probability
> 99 percent)
Facultative Wetland FACW Usually occur in wetlands (estimated probability 67-99
percent)
Facultative FAC Equally likely to occur in wetlands and nonwetlands
( estimated probability 34-66 percent)
Facultative Upland FACU Usually occur in nonwetlands ( estimated probability
67-99 percent)
Obligate Upland UPL Almost always occur in nonwetlands ( estimated
probability> 99 percent)
To be considered hydrophytic, the species must have wetland indicator status (i.e., be rated as
obligate [OBL ], facultative wetland [F ACW], or facultative [F AC]).
The delineation ofhydrophytic vegetation is typically based on the most dominant species from
each vegetative stratum ( strata are considered separately); when more than 50 percent of these
dominant species are hydrophytic (i.e., FAC, F ACW, or OBL), the vegetation is considered
hydrophytic. In particular, the Corps recommends the use of the "50/20" rule (also known as the
dominance test) from the Regional Supplement for determining dominant species. Under this method,
dominant species are the most abundant species that immediately exceed 50 percent of the total
dominance measure for the stratum, plus any additional species comprising 20 percent or more of
the total dominance measure for the stratum. In cases where indicators ofhydric soil and wetland
hydrology are present but the vegetation initially fails the dominance test, the prevalence index must
be used. The prevalence index is a weighted average of all plant species within a sampling point. The
prevalence index is particularly useful when communities only have one or two dominants, where
species are present at roughly equal coverage, or when strata differ greatly in total plant cover.
In addition, Corps guidance provides that morphological adaptations may be considered when
determining hydrophytic vegetation when indicators of hydric soil and wetland hydrology are present
(Corps 2006). If the plant community passes either the dominance test or prevalence index after
reconsidering the indicator status of any plant species that exhibit morphological adaptations for life
in wetlands, the vegetation is considered hydrophytic.
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ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
Hydric Soils.1 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.2
Soils are considered likely to meet the definition of a hydric soil when one or more of the following
criteria are met:
1. All Histels except Folistels and Histosols except Folists; or
2. Soils that are :frequently ponded for long duration or very long duration3 during the growing
season; or
3. Soils that are :frequently flooded for long duration or very long duration during the gr~wing
season.
Hydric soils develop under conditions of saturation and inundation combined with microbial activity
in the soil that causes a depletion of oxygen. While saturation may occur at any time of year,
microbial activity is limited to the growing season, when soil temperature is above biologic zero (the
soil temperature at a depth of 50 centimeters [cm], below which the growth and function of locally
adapted plants are negligible). Biogeochemical processes that occur under anaerobic conditions
during the growing season result in the distinctive morphologic characteristics ofhydric soils.
The Regional Supplement has a number of field indicators that may be used to identify hydric soils.
The Natural Resources Conservation Service (NRCS) (2003) has also developed a number of field
indicators that may demonstrate the presence ofhydric soils. These indicators include hydrogen
sulfide generation; accumulation of organic matter; and reduction, translocation, and/or accumulation
of iron and other reducible elements. These processes result in soil characteristics that persist during
both wet and dry periods. Separate indicators have been developed for sandy soils and for loamy and
clayey soils.
Wetland Hydrology. Under natural conditions, development ofhydrophytic vegetation and hydric
soils depends on a third characteristic: wetland hydrology. In areas with wetland hydrology, the
presence of water has an overriding influence on vegetation and soil characteristics due to anaerobic
and reducing conditions, respectively (Environmental Laboratory 1987). The wetland hydrology
parameter is satisfied if the area is seasonally inundated or saturated to the surface for a minimum of
14 consecutive days during the growing season in most years (Corps 2006).
Often, hydrology is the most difficult criterion to measure in the field due to seasonal and annual
variations in water availability. Some of the indicators that are commonly used to identify wetland
hydrology include visual observation of inundation or saturation, watermarks, recent sediment
deposits, surface scour, and oxidized root channels (rhizospheres) resulting from prolonged anaerobic
conditions.
1 The hydric soil definition and criteria included in the 1987 Manual are obsolete. Users of the
Manual are directed to the United States Department of Agriculture (USDA) Natural Resources
Conservation Service Web site for the most current information on hydric soils.
2 Current definition as of 1994 (Federal Register [FR] July 13, 1994).
3 Long duration is defined as a single event ranging from 7 to 30 days; very long duration is defined
as a single event that lasts longer than 30 days.
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California Department of Fish and Game
JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
The CDFG, through provisions of the California Fish and Game Code (Section 1600 et seq.), is
empowered to issue agreements for any alteration of a river, stream, or lake where fish or wildlife
resources may be adversely affected. Streams ( and rivers) are defined by the presence of a channel
bed and banks and at least an intermittent flow of water. The CDFG regulates wetland areas only to
the extent that those wetlands are part of a river, stream, or lake as defined by the CDFG.
fu obtaining CDFG agreements, the limits of wetlands are not typically determined. The reason for
this is that CDFG generally includes, within the jurisdictional limits of streams and lakes, any riparian
habitat present. Riparian habitat includes willows, mulefat, and other vegetation typically associated
with the banks of a stream or lake shorelines. fu most situations, wetlands associated with a stream or
lake would fall within the limits of riparian habitat. Thus, defining the limits of CDFG jurisdiction
based on riparian habitat will automatically include any wetland areas and may include additional
areas that do not meet Corps criteria for soils and/or hydrology (e.g., where riparian woodland canopy
extends beyond the banks of a stream away from frequently saturated soils).
METHODS
LSA evaluated all areas of potential jurisdiction within the project study area according to the 1987
Manual, Regional Supplement, and the CDFG code. Channel width measurements between the
ordinary high water mark (OHWM) (Corps jurisdiction) and streambed banks (CDFG jurisdiction)
were recorded along drainage channels on site. Additionally, the limits of riparian vegetation (CDFG
jurisdiction), although recently cleared and/or treated with herbicide, were recorded adjacent to the
drainage.
A routine wetland determination survey was conducted by LSA biologists Dan Rosie and Brianna
Wood, on February 26, 2008. Field maps of the area to be surveyed were prepared using a 2006 aerial
photograph base at a scale of 1 inch= 100 feet (ft). The project study area was surveyed on foot to
identify and map potential jurisdictional areas and evaluate them according to Corps and CDFG
criteria. Data were recorded directly on the field maps. Only areas to be affected by the proposed
project were evaluated. Potential jurisdictional areas were evaluated according to the following
criteria.
Areas supporting species of plant life potentially indicative of wetlands were evaluated according to
routine wetland delineation procedures described in the Regional Supplement. Representative sample
points were selected and examined in the field in those areas where wetland jurisdiction was in
question or needed to be confirmed. At each sample point, the dominant and subdominant plant
species were identified, and their wetland indicator status was noted (Reed 1988). A small sample pit
( approximately 12 to 20 inches deep) was dug at each point in order to examine soil characteristics
and composition. Soil matrix colors were classified according to the Munsell Soil Color Charts
(Munsell Color 2000). Hydrological conditions, including any surface inundation, saturated soils,
groundwater levels, and/or other wetland hydrology indicators, were recorded. General site
characteristics were also noted. Standard data forms were completed for the sample plots (see
Appendix B). Figure1\,shows the locations of the sample points and the potential jurisdictional areas
identified. l-{
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RESULTS
Corps Section 404 Jurisdiction
JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
Flows from the channel are conveyed under La Costa A venue through a 48 inch diameter reinforced
concrete pipe culvert where the drainage continues north for approximately 850 feet and outlets into
San Marcos Creek (Rick Engineering 2007). San Marcos Creek carries flows west into Batiquitos
Lagoon, which has a tidal connection with the Pacific Ocean. Because of the direct connection to the
Pacific Ocean, a traditional navigable waterway (TNW), the channel, a relatively permanent water
(RPW)(i.e., conveys continuous flows at least seasonally) tributary to a TNW is subject to Corps
jurisdiction as a nonwetland Waters of the US. The limits of Corps jurisdiction were determined using
the OHWM of the channel. •
Two sample pits bordering the channel satisfied all three criteria for Corps jurisdictional wetlands.
The Corps will assert jurisdiction over navigable waters and their adjacent wetlands, where adjacent
is defined as "bordering, contiguous, or neighboring." Therefore, finding a surface connection is not
required to determine adjacency under this definition. Please refer to the attached wetland data forms
and site photos (Appendix Band C) for a full description of the sample point results.
Vegetation. The vegetation communities within the project study area (Figure 3) consist of disturbed
habitat and wetlands, nonnative grassland, valley needlegrass grassland, and Diegan coastal sage
scrub. fu potentially jurisdictional wetland areas tamarisk (Tamarix sp., F.AC) in association with
coastal goldenbush (lsocoma menziesii var. vernonioides) is the dominant species. Other portions of
the project study area that were mapped as potentially jurisdictional wetlands were dominated by
cattails (Typha sp., OBL). The portions of the project study area dominated by tamarisk in association
with coastal goldenbush were adjacent to the downstream portions of the concrete-lined channel and
included ,standing water and saturated soils during the site visits. It appeared that the tamarisk had
been subject to clearing and possible herbicide application based on the presence of cut stumps and
the degraded condition of the existing tamarisk plants. Coastal goldenbush does not have a wetland
indicator status per Reed; however, it is considered synonymous with Haplopappus venetus, F ACW.
It is the opinion ofLSA that coastal goldenbush should be classified as FAC, i.e., having an.equal
likelihood of occurring in upland and wetland conditions; however no status has been applied to
coastal goldenbush under Reed. It is the opinion of LSA that wetland conditions for vegetation were
met in areas mapped as potential wetlands. Field investigators used the extent of remnant dead and
live vegetation to determine the limits of potentially jurisdictional wetlands.
The hydrophytic vegetation criterion for Corps jurisdictional wetlands is satisfied when there is a
prevalence of wetland vegetation. The areas mapped by LSA as disturbed wetland habitat are
dominated by hydrophytic vegetation, some of which has been subject to disturbances such as
clearing and vegetation control. The predominant vegetation associated with the potential wetland
portions of the Romeria Street Drainage Improvement project study area includes cat tails, tamarisk,
and coastal goldenbush.
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ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
Soils. Four sample plots within the project study area were examined, where wetland jurisdiction was
in question and where wetland vegetation and hydrologic indicators were present, to identify the
limits of potential jurisdictional areas. The locations of the sample plots are depicted on Figure@Y
Soil pit (SP) I consisted ofloamy-sand soils and sandy-loam soils. The soil pit indicated hydric soils
due to the hydrogen sulfide odor. However, this soil pit is problematic because the soils consisted of
an approximately 12-inch thick layer of sediment that has accumulated on the concrete channel lining
and does not represent a functional wetland. SP 2 consisted of sandy clay and did not display any
hydric indicators. SP 3 consisted of sandy-clay that is I 00% depleted, indicating permanent
saturation. The soil from SP3 met the criteria for hydric soils (Loamy Gleyed Matrix F2) because it is
a gleyed matrix that occupies more than 60% (100%) of the layer within 12 inches of the surface. SP
4 consisted of silty-clay with large (up to I in.diameter) redox features. The sample from SP4 met the
criteria for hydric soils (Depleted Matrix F3).
Hydrology. Wetland hydrology within the project study area was evident within the concrete-lined
drainage channel as well as on the west side, adjacent to the drainage where flows (potentially urban
runoff in conjunction with runoff from storm events) seeped from the hillside and saturated the soils.
SPl met the wetland hydrology criteria as it was within the channel itself, which was conveying
flows; however, the soils sampled at SPl were comprised of sediment that was deposited on the
concrete channel bottom and therefore SPI does not provide wetland function and values and LSA
has classified this area as potential nonwetland Waters of the US. SP2 did not meet any criteria for
wetland hydrology, i.e., no hydrologic indicators were observed. SP3 had standing water present at
the surface and 100% depletion to a depth of 12 inches below the surface which indicates a state of
near permanent saturation of soils and therefore, meets the criteria for wetland hydrology. This
location receives runoff in the form of seepage from the adjacent hillside that was observed during
site surveys. SP4 met the criteria for wetland hydrology due to the presence of standing water at the
surface and saturation at a depth of approximately 12 inches below the surface. Therefore, 2 of the
four sites, SP3 and SP4, met the criteria for wetland hydrology and although SP 1 did exhibit wetland
hydrology.
CONCLUSIONS
Corps Jurisdiction
The areas shown in Figure 3 as wetland and nonwetland waters of the U.S. are considered RPW that
are directly tributary to the perennial San Marcos Creek, which itself is directly tributary to the
Pacific Ocean, a TNW, at Batiquitos Lagoon, constituting a significant nexus. Under Corps guidance,
agencies will assert jurisdiction over navigable waters and their adjacent wetlands, where adjacent is
defined as ''bordering, contiguous, or neighboring." Therefore, finding a surface connection is not
required to determine adjacency under this definition and the Corps· will not likely require a
"significant nexus determination".
There is a total of 0.0987 acre of waters potentially subject to Corps jurisdiction, of which 0.0083
acre is nonwetland waters of the U.S. and 0.0904 acre of wetland waters (Figure 4).
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CDFG Jurisdiction
JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
The drainage channel within the project study area and associated riparian vegetation meet the CDFG
definition of a streambed. LSA biologists assumed the limits of the disturbed tamarisk scrub that was
associated with the drainage channel was an accurate limit for the extent of CDFG jurisdiction in the
project study area.
The area delineated as potential CDFG jurisdiction was greater than, but entirely inclusive of all areas
mapped as potentially subject to Corps jurisdiction and totaled 0.1504 acre (Figure 5).
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LSA ASSOCIATES, INC.
APRIL 2008
JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
REFERENCES
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical
Report Y-87-1. United States Anny Engineer Waterways Experiment Station, Vicksburg, MS.
Federal Interagency Committee for Wetland Delineation. 1989. Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. United States Anny Corps of Engineers, United States
Environmental Protection Agency, United States Fish and Wildlife Service, and United States
Department of Agriculture Soil Conservation Service, Washington, D.C. Cooperative Technical
publication. 76 pp. plus appendices.
Hickman, J.C., ed. 1993. The Jepson Manual: Higher Plants of California. University of California
Press, Berkeley and Los Angeles, CA. 1,400 pp.
Munsell Color. 2000 (rev. ed.). Munsell Soil Color Charts. Macbeth Division of Kollmorgen
Instruments Corporation, New Windsor, NY.
Reed, P.B., Jr. 1988. National List of Plant Species that Occur in Wetlands: California (Region 0).
United States Fish and Wildlife Service Biological Report 88 (26.10). 135 pp.
United States Anny Corps of Engineers. 1992. CECW-OR Memora,ndum: Clarification and
Interpretation of the 1987 Manual.
United States Anny Corps of Engineers. 2007. CECW-ORMemorandum: Clean Water Act
Jurisdiction Following the [Jnited States Supreme Court's Decision in Rapanos v. United States
& Carabell v. United States.
United States Anny Corps of Engineers. 1991. CECW-OR Memorandum: Questions and Answers on
the 1987 Manual.
United States Anny Corps of Engineers. 1999. Code of Federal Regulations. Title 33, Volume 3,
Parts 200 to End. United States Government Printing Office.
United States Anny Corps of Engineers. 2006. Interim Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Arid West Region. ed. J. S. Wakeley, R. W. Lichvar, and
C. V. Noble. Vicksburg, MS: United States Anny Engineer Research and Development Center.
United States Department of Agriculture, Soil Survey Staff. 1975. Soil Taxonomy. Agriculture
Handbook No. 436. United States Government Printing Office, Washington, D.C. 754 pp.
Wetland Research and Technology Center. 1993. Draft Training Package, Wetland Delineator
Certification Program. Environmental Laboratory, EP-W, Vicksburg, MS.
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LSA ASSOCIATES, INC.
APRIL ZOOS
APPENDIX A:
JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
SITE PLANS AND TEST PIT LOCATIONS
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LSA ASSOCIATES, INC.
APRIL 2008
APPENDIXB:
JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
WETLAND DATA FORMS
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LSA ASSOCIATES, INC.
APRIL 2008
APPENDIXC:
JURISDICTIONAL DELINEATION
ROMERIA STREET DRAINAGE IMPROVEMENT
CITY OF CARLSBAD, CALIFORNIA
PHOTO LOG, PHOTO LOCATION MAP, AND SITE PHOTOGRAPHS
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