Loading...
HomeMy WebLinkAboutSDP 03-01; KELLY / JRM OFFICE BUILDING; PRELIMINARY VEGETATION ASSESSMENT; 2003-01-07r I I I I I I I I I I I I ,I I I I I PLANNING I SYSTEMS January 7, 2003 Mr. Joe Fogarty LAND USE/ COASTAL PLANNING LANDSCAPE ARCHITECTURE • LA39!KJ POLICY AND PROCESSING ENVIRONMENTAL MITIGATION JAM / Kelly Palomar Airport Road 1, LLC 1040 S. Andreasen, Suite 200 Escondido, CA 92029 SUBJECT: Preliminary Vegetation Assessment of APN #212-040-64, Carlsbad, CA This letter report summarizes Planning Systems' preliminary findings of vegetation occurring at the southeastern corner of Palomar Airport Road and College Boulevard in Carlsbad, California. Also known as Kelly/ JAM Palomar Airport Road, this 6.06 acre parcel is proposed for a planned industrial/office development. This report identifies vegetation communities and species existing on-site. It includes an impacts assessment, and identifies measures proposed to protect riparian resources occurring in the southern portion of the site. Riparian resources observed on the property include Disturbed Southern Willow Scrub (DSWS) and Freshwater marsh (FM), associated with Encina Creek, an intermittent blue line stream that flows east to west through the southern portion of the property. All on-site habitats considered sensitive resources are associated with this stream. No sensitive plant species were observed on the property. The proposed project will impact existing, on-site riparian vegetation as necessary to improve the main access road to the site, an existing unpaved crossing that must be upgraded to satisfy City of Carlsbad roadway design standards. Recently, biological analysis and permit applications necessary to effect this widening have been submitted to Resource Agencies by Pacific Enterprises, property owners immediately east of the subject parcel. The Pacific Enterprises property owners included in their biology survey an assessment of riparian vegetation on the Kelly/JAM parcel. They also submitted to the CDFG and the ACE permit applications that quantified impacts and proposed mitigation measures. Given that the Pacific Enterprises property has previously initiated wetland impacts and measures permitting, this report will reference the conclusions of reports and permit applications to provide a comprehensive reporting of development proposed on the subject parcel. On-site impacts presently under permit review have not been re-assessed by this report. The conclusions of the Pacific Enterprises report are referenced. I Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page 1 1530 FARADAY AVENUE • SUITE 100 • CARLSBAD, CA 92008 • (760) 931-0780 •. FAX (760) 931-5744 • planningsystems@nctimes.net I , I I I I I ., I· I I I . I ,,. I II I .I I I I Proposed development related impacts on the subject parcel not previously addressed by biological analysis and permit application are as follows: habitat type impacted acres Exotic 0.33 Disturbed 4.57 Developed 0.22 TOTAL 5.12 The proposed project, less previously analyzed riparian area impacts, does not directly impact habitats considered environmentally sensitive by resource agencies. Indirect impacts that may be associated with the project in large measure already occur due to surrounding urban uses, and are not considered by this report to be environmentally significant. Development related impacts to wetland resources due to Encinas Creek roadway improvement crossing are proposed to occur on and adjacent to the subject parcel. These impacts include installation of a 140' x 65' triple box culvert under improved Laurel Tree Road. Permanent road crossing impacts are stated by Dudek & Associates in their application for a Section 1603 Streambed as follows: ... "Permanent impacts associated with the Laurel Tree Road crossing include: 0.08 acre of southern willow scrub, 0.03 acre of disturbed southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S., totaling 0.2 acre, are unavoidable due to the improvements required at the existing Laurel Tree Road crossing of Encinas Creek" . The on-site portion of the Laurel Tree Crossing impacts as measured by Planning Systems are as follows: habitat type impacted acres Disturbed Southern willow scrub 0.03 F-reshwater marsh 0.02 TOTAL 0.05 Measures have been previously proposed to address all project related wetland impacts in the above referenced Dudek Section 1603 application. Measures include creation and enhancement on Pacific Enterprises property, east of the Kelly/JRM parcel. In recognition that riparian resources will be preserved on the Kelly/JRM parcel measures to assist this preservation are proposed as follows: • A fifty-foot wide buffer, that may include a trail easement, is proposed to occur between the defined bank of Encinas Creek and proposed facilities. • Vegetation to be installed in the buffer zones is proposed to be drought tolerant, native vegetation. Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page2 J I I I I I ,t I' I I I I I I I I I ,, I ,. 1. Introduction The project site is a 6.06 acre parcel known as APN # 212-040-64, located on the southeast corner of the Palomar Airport Road /College Soulevard intersection, in Carlsbad, California (Figures 1 and 2). The proposed project is the development of an industrial/office building at the southeast corner of two urbanized prime arterials. The project includes one building, vehicular access, perimeter parking, perimeter landscaping, preservation of an existing riparian occupied, intermittent stream, a partially vegetated buffer, and a pedestrian trail. The parcel largely exists in a disturbed state, except for the riparian vegetated Encinas Creek, an intermittent stream flowing east-west across the southern portion of the site. These riparian resources have been the subject of recent biological analysis and permit applications initiated by the property owner east of the subject parcel. To access both parcels, Encinas Creek must be crossed at the southwestern corner of the subject parcel. This stream crossing must be widened and improved to satisfy City of Carlsbad roadway standards, which will necessitate impacts to the stream and riparian vegetation. Impacts resulting form the creek crossing have been assessed separately from this report. Because the adjacent property owner has recently assessed the biological impacts associated with this stream crossing, and applied for stream crossing permits, this study will focus on areas of the subject parcel not previously addressed. However, to provide a comprehensive biological assessment of site, reference to previously accomplished work will be included in the report, including: • Appendix B -Biological Conditions and Constraints at the Pacific Enterprises Site, Helix Environmental Planning, Inc., March 13, 2001 ). • Appendix C -Application for Section 1603 streambed Alteration Agreement for the Proposed Pacifica Improvements Project, City of Carlsbad, California, Dudek & Associates, April 3, 2002. • Appendix C -Pre-Construction Notification for Nationwide Permit 39, Pacifica Palomar Improvements Project, City of Carlsbad, California, Dudek & Associates, April 3, 2002. 2. Methodology Fieldwork was conducted on December 16, 2002, using an aerial photograph overlaid with an engineered base map with spot elevations, 2-foot contour intervals, and shrub massing. The entire site was traversed on foot, including dense brush areas. All plant species were recorded. Sensitive plant habitats such as clay beds, indicator species, sandstone, and mesic and xeric slope aspects were sought. Plant names follow the most recent botanical literature: (Hickman, 1993); plant identification was determined in the field and lab using: (Munz, 1974), (Beauchamp, 1986), (Abrams, 1960), (Mason, 1957); plant communities are classified according to (Holland, 1986) and (Gordon and White, 1994); status of sensitive plants were evaluated according to: (Skinner and Pavlik, 1994) and geological and soil surveys, (Weber, 1958, and (Bowan, 1973). Greg Evans surveyed vegetation resources. Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page 3 I I I I ,, I I I .I I I l t 1· I I 1· I I Camp Pendleton Lake Vista oject Site ■ Valley Center Lake Wohlford ,- 78 JpiJ:1ro~":s:'J.t' Sutherland cservoir ■ Rancho Bernardo ■ Poway ' ' ' ' ' ' ' ... @.._ {1 1 s_~'!t~!l ....___,,.,'--4i,___ ·-----~-· ■ Figure 1 Regional Map APN #212-040-64 Carlsbad, California " ..I., San Vicente lt/r' Reservoir• USA MEXICO I I I .I I I I ' I Ii ,. i9 -------------, I I I I I I I I I IP' I~ 'A lz ,;:, 10 11X1 I l~ IJXI 1;3 'i>: !c3 I I I I I I I Base: USGS 7.5 minute Encinitas, CA quadrangle I 193 0 1000 2000 4000 I 11 "M: I SCALE (in feet) I '71 LEGEND Figure 2 Vicinity Map Carlsbad, California •72 LOCATION OF SITE _.,,._ ~--?:: ,ROA·, . -- .·ri·-, r' :·l\: ! !) i (_. - f ii -:;( rJ' ..... .... ... , n u .... , ... , C: PSPR0JECTS\J,1Rw:C PAR\PARSlol DWG Vegetation Resources LEGEND sym plant community Existing -FWM DISTURBED FRESHWATER MARSH 0.15 -DSWS SOUTHERN WILLOW SCRUB 0.24 ~ EXO EXOTIC 0.52 ~ DIS DISTRUBED / BARE DIRT 4.97 DEV DEVELOPED/ PAVED ROAD 0.18 TOTAL AREA (ACRES) 6.06 #021231 January 6, 2002 BASE: PARTNERS PLANNING ANO ENGINEERING EB L.rL...J" NORTH SCALE: -1" = 100' Cl) w 0 (C :) 0 Cl) w (C <{ z z st a: 0 ~ ~ -0 ...I ~ 9 ~ i--: (\j o' W r:i <{ (!) 'lj; CD W z ~ a. a: > <( ~ EJ c: PSPROlECTS\.JRMC PAR\PARimp2,DWG Project Impacts LEGEND plant community -COASTAL & VALLEY FRESHWATER MARSH -DISTURBED SOUTHERN WILLOW SCRUB c:=J EXOTIC ~ DISTURBED / BARE DIRT DEVELOPED/ PAVED ROAD TOTAL AREA (ACRES) Impacts Existing Proposed 0.15 0.02* 0.24 0.03* 0.52 0.33 4.97 4.57 0.18 0.22 6.06 5.17 * Measured by Planning systems from data provided by previous biological analysis l2ZZ] ,~~/ PROJECT IMPACTS (not previously assessed) IMPACTS ASSOCIATED WITH PREVIOUS PERMIT APPLICATION (Laurel Tree Road Improvements) ROADWAY WIDENING IMPACTS ('.;'\ PREVIOUS BIOLOGICAL ANALYSIS HAS ASSESSED THE IMPACTS ASSOCIATt-0 'Ni1H \.V Tl1E SlEAM CROSSING AS SHOWN IN THIS PLAN (SEE TEXTOFTH1S AEPORiJ. IMPACTS ASSOCIATED WIHT TI-l!S PROJECT, BUT NOT PREVIOUSLY ASSESS&>, ARE THE SUBJECT OF THIS FIGURE. SURVEY NOTE: A. FIELO SURVEYED IN DECEMBER, 2002 BY PLANNING SYSTEMS FOR VEGETATION RESOURCES 8 BASE MAP BY PARTNERS PLANNING ANO ENGINEERING #021231 DECEMBER 20, 2002 83 L..J-L..jn NORTH SCALE:• 1" = 100' ~ 0: <{ z ~ st a: (!) 12 I b 0 :J st 13 0 I w N 6 ..-...., N ia 0 'ii, ~ a: z a: a.. 0. ~ <( B I 1, I I I I I I I I I .I I I I I I I I 3. Existing Conditions The parcel exists in a generally disturbed state, with the exception of an intermittent drainage, and asso9iated riparian habitat, that flows east to west across the parcels southern boundary. The parcel has been regularly farmed and/or brushed regularly in recent years, so that almost all of the upland vegetation on-site is non-native. 3.1 Soils The Soil Conservation Service has mapped three soil types occur on the property. The soil occurring near Palomar Airport Road in the northern portion of the parcel is Los Flores loamy fine sand, 15 to 30 percent slopes, eroded (LeE2). This is an upland soil derived from marine sandstone. Typically, this soil will evidence rill and gully erosion, but the subject parcel is only gently sloping. It is likely that this parcel these soils have been leveled by Palomar Airport Road construction and farming activities which have occurring on-site since soil mapping was accomplished in about 1970. La Flores soil mapping also includes pockets of Diablo, Huerhuero, and Linne soils, known to support sensitive plant species due to their high clay content. Clay soils were sought but not found on this parcel. No sensitive plant species were observed on this parcel. The second soil type of the parcel is Las Flores loamy fine sand, 2 to 9 percent slopes, {LeC). The components of this soil are the same as previously mentioned. No clay lens and no sensitive plant species were observed in the area occupied by this soil on the site. La Flores soils are not listed as a hydric soil in the USDA Soil Conservation Service Hydric Soils List, March 1992. The soil occurring in the central and southern portions of the property is Visalia sandy loam, 2 to 5 percent slopes {VaB). This is a deep sandy loam found on alluvial fans and, as in this case, floodplains. If undisturbed, these soils would typically support upland Oak woodland, scrubs, chaparral, and grasslands. On-site, most of this soil has been repeatedly graded (farmed). Upland natives only occur in isolation along existing fence lines. This soil can also support wetland habitat when a depression exists, as with the intermittent stream on-site. This is the soil that supports the Southern willow scrub and Freshwater marsh on-site. In the channelized portions of parcel, the USDA Soil Conservation Service Hydric Soils List, March 1992, would consider this soil a hydric soil. 3.2 Topography /Hydrology The parcel occurs in a broad canyon bottom, bisected by a channellized intermittent stream, with flood plain to the either side., Farming operations and prime arterial roadway cO"nstrucflon existing along the north and west property lines, appear to have disturbed historic topographic conditions to the extent that a largely developed condition exists over the non-riparian portions of the site. Access to the parcel is by Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page 8 I I I I I ,I I I I I I I ·I I I I I I I an unimproved dirt farm road that is located on the eastern property line. The existing stream crossing that is the subject of proposed widening occurs at the southeastern corner of the parcel. A pad has been formed in the north-central portion of the site that is currently used as a seasonal stand for farm products. Between the pad and the intermittent stream, the site is formed to assist pad drainage, and to contain overflow from the intermittent stream. The intermittent stream is channelized with a mostly vegetated, flat-bottomed bed, and a well defined, sloping bank that has a clear top of slope hinge point. South of the stream, along the southern property line, relatively flat topography disturbed by past farming activity occurs. The high point of the site occurs in the northeastern corner, at 107 feet MSL. The low point of the site occurs at the western-most edge of the channellized bottom of the drainage, at about 78 feet MSL. At its eastern edge the intermittent stream is about 1 o feet wide and about five feet oeeo. At ifs n ed e the intermittent stream is about 50 feet wide and about ten feet deep. he low point of the site not associated with the steam occurs in several locations at about 90 feet MSL. \,.>,e~..........,,...,,.~ 4. Vegetation Resources Site vegetation consists primarily of plant species typical of disturbed lands and riparian areas, particularly non-native weeds and wetland-associated species (see Figure 3 -Vegetation Resources). Coastal sage scrub species are also present in low quantities, but are too fragmented to be classified as an association. No sensitive plant species were observed or are anticipated to occur on this property. A plant species list is attached as Appendix A, Plants of APN 212-040-65, Carlsbad, California. Wetland Vegetation 4.1 Coastal and Valley Freshwater marsh (0.15 acre) Freshwater marsh is dominated by perennial, emergent monocots that often form closed canopies. Otten Scirpus sp. and Typha sp. are the dominant occurring species. On-site, freshwater marsh vegetation is emerging along the stream bottom, and sporadically on both sides of the intermittent stream. Southern cattail ( Typha domingensis) and Tule (Scirpus are the dominant species on-site. 4.2 Disturbed Southern willow scrub (0.24 acre) Southern willow scrub is typically composed of dense, broadleaved, winter-deciduous species. On-site, Arroyo willow ( Salix lasiolepis) and Fremont popular (Populus fremontii) are the dominant riparian species. Mulefat (Baccharis sa/isifolia) and Mugwort (Artemesia douglasiana) occur as occasional understory species. The side slopes of the intermittent stream, which support the understory, are significantly disturbed, and almost totally dominated by Periwinkle (Vinca major), and Pampas grass (Cortaderia jubata). Upland Vegetation 4.3 Disturbed (4.97 acres) Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page 9 I I I I I I I I I I I I I I I I I I I An area is designated "Disturbed" when over 50% of the soil surface supports no vegetation. Most of the site has been "maintained" to this condition. A temporary Christmas tree stand presently occupies the north-central portion of the site. Vegetation beginning to germinate with recent winter rains is dominated by non­ native, weedy species. Ruderal species such as Perennial mustard (Hirschfeldia incana), and California burclover (Medicago polymorpha) and Red-stem filaree (Erodium cicutarium) presently dominate the emerging vegetation. Non-native grasses are also germinating, including brome grasses (Brome Sp.). In several weeks, a more diverse group of weedy species will be competing for dominance. 4.4 Developed/ Exotic (0.70 acre) Areas are designated "developed" if they support paved or unpaved roads, ornamental vegetation, or are bare as a result of other human activity. Table 1 -Vegetation Communities veaetation communitv acrea_Qe Coastal and valley freshwater marsh 0.15 Disturbed southern willow Scrub 0.24 Exotic 0.52 Disturbed 4.97 Developed 0.18 TOTAL 6.06 4.5 Sensitive Botanical Resources No sensitive plant species were identified occupying the site during field reconnaissance. Given the highly disturbed state of the site, it is very unlikely that sensitive species would be likely to occur on the property. No clay soil inclusions were observed on-site. The upper soil surface has been repeatedly tilled over many years. This survey was accomplished in December. Even though sensitive species are not as likely to be observed in December, the intensity of site disturbance would almost certainly preclude sensitive species from occurring on-site. A rare plant survey was conducted by Helix on May 26, 2000 on riparian areas of the site and adjacent property to the east by Helix Environmental, Inc. No sensitive species were identified occurring in riparian areas, or on site areas proposed for development. It was noted also noted in this report that because of the intensely disturbed state of the project site and the dense canopy of the riparian vegetation, that no rare plants are likely to occur onsite. 5. Other Resources 5.1 Animal Resources No animal surveys were conducted as a part of this assessment, but reference to previous studies is pertinent. In May 2000, and again in March 2001, Helix Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page IO I I I I I: I I I I I I I I I I I I I I Environmental Planning, Inc. prepared a letter report of Biological Conditions and Constraints at the Pacific Enterprise Site that included the riparian portion of the subject property. No sensitive animal species were obseNed occupying the subject parcel or areas immediately east. A focused Least Bell's vireo suNey conducted between April 12 and June 21, 2000 was negative. As part of the vireo suNeys, the site was assessed as potential habitat for southwestern willow flycatcher habitat, but was found to be poor quality for this species, and determined to offer a "very low probability" for flycatcher use. Dudek and Associates prepared U.S. Army Corps of Engineers (ACE) and California Department of Fish and Game CDFG) permit applications for the Pacifica Palomar Improvements Project on April 3, 2002. These applications refer to focused Least Bell's vireo and Southwestern willow flycatcher suNeys, with negative findings, occurring during the same time frame as the Helix report, April 12 to June 21, 2000. However, Dudek lists the sighting of "a pair of yellow-breasted chats (lcteria virens), a State Species of Concern, was detected in the riparian vegetation approximately midway between Laurel Tree Road and the eastern border or the site". This would locate this chat sighting approximately 750 feet east of the subject parcel, within the same intermittent stream. 5.2 Jurisdictional Areas A jurisdictional delineation.was conducted by Helix Environmental as a part of the March 13, 2001 Pacifica Enterprises site letter report. The delineation also included all riparian areas occurring on the subject parcel.. Subsequently, ACE and CDFG -permit applications were prepared by Dudek and Associates and submitted for agency review. These applications are presently in a state of agency review. An excerpt from page 7 of this report follows: Federal (ACOE) jurisdictional areas on the Pacific Enterprises property are present within and along the perimeter of the main on-site drainage. ACOE jurisdictional areas consist of approximately 0.2 acre of wetlands as freshwater marsh, and 0.3 acre of non-wetland Waters of the U.S. an ephemeral drainage. State (CDFG) jurisdictional areas (wetlands and non-wetland Waters of the U.S.), as well as additional riparian habitat that meets CDFG jurisdiction vegetation requirements. CDFG jurisdictional areas consist of 0.2 acre of freshwater marsh, 2.3 acre of southern willow scrub (including disturbed), and 0.3 acre of streambed. 5.3 Regional Context The City of Carlsbad Habitat Management Plan (HMP) is a Natural Communities Conversation Planning (NCCP subarea plan, addressing potential impacts to native species and habitats while providing mitigation options that satisfy the federal and state Endangered Species Acts (ESA's). The primary objective of the HMP is to identify and maintain a preseNe system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMP preseNe is a network of large blocks with interconnecting linkages. Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page 11 I I I I I I I I I I I I I I I I I I I The subject property is not located within any Carlsbad HMP designated Focus Planning Areas (FPA's), Linkages, or Special Resource Areas. However, the parcel is immediately north and west of linkage area F, which connects Core 6 and Core 8 FPA's and is intended to serve primarily as a stepping-stone linkage for birds. This linkage consists mainly of coastal sage scrub and chaparral habitats. The proposed project would not affect Linkage F. The project site is located within the Mellow II Segment of the Carlsbad Local Coastal Program (LCP), with the principal objective of this plan including protection of coastal waters and associated tributaries. 6. Project Impacts As previously discussed, impacts are proposed to existing on-site wetland resources as necessary to construct roadway access (Laurel Tree Road) to the subject parcel and its neighboring parcel to the east. These impacts have been fully addressed by previous biological analysis and CDFG and ACE permit applications. The project impacts discussion that follows makes reference to the biological analysis of riparian areas proposed for impact see Appendix B -Letter Report to Mr. Ali Shapouri, Helix Environmental Planning, Inc., March 13. 2001. For permit application to CDFG and ACE see Appendix C. 6.1 Direct Impacts The proposed project will occur entirely on lands that presently exist as either developed or disturbed. These habitats are not considered "sensitive" biological resources. All development is proposed for areas north of the intermittent stream. Grading necessary to construct the proposed development is proposed to extend to the edge of existing riparian areas in two locations, as shown on Figure 4, Project Impacts map. In both instances, no riparian vegetation is proposed for disturbance or removal. Project impacts to existing resources are identified in Table 2 -Project Impacts. Table 2 -Project Impacts vegetation community existing impacts acrea.ae oroposed Coastal and valley freshwater marsh 0.15 0.02* Disturbed southern willow Scrub 0.24 0.03* Exotic 0.52 0.33 Disturbed 4.97 4.57 Developed 0.18 0.22 TOTAL 6.06 5.17 * Measured by Planning Systems from data provided by previous biological analysis 6.2 Indirect Impacts Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page 12 I I I I I I I I I I I I I I I I I I I Temporary indirect impacts associated with project construction will occur. Daytime construction noise is a likely indirect impact. Pet predator impacts may occur, though they are not typically a concern in association with commercial development. The indirect impacts that may occur due to the proposed project are mostly of short duration, and are considered environmentally insignificant. 6.3 Impacts Conclusions The direct impacts associated with this project occur to 5.17 acre of non-sensitive vegetation. No permits from regulatory agencies will be required. Direct impacts to 0.05 acre of wetland vegetation resulting from construction of Laurel Tree Road improvements will require permits form regulatory agencies and mitigation measures to reduce impacts to a level of insignificance. These permits, including identification of appropriate mitigation, have been applied for by the neighboring project, Pacific Enterprises. With the exception of the required Pacific Enterprises permits, and provided that adequate resource protection is in place prior to project start-up, this study concludes that no significant biological impacts are anticipated to result from the implementation of the proposed project. 7. Mitigation Measures Given that a sensitive riparian resource occurs near the proposed project, measures are necessary to protect the resource during and after construction. Measures to protect the on-site riparian resources are proposed as follows: • Measures have been previously proposed to address all project related wetland impacts in the above referenced Dudek Section 1603 application. Measures include creation and enhancement on Pacific Enterprises property, east of the Kelly/JAM parcel. • A fifty-foot wide buffer, that may include a trail easement, is proposed to occur between the defined bank of Encinas Creek and proposed facilities. • Vegetation to be installed in the buffer zones is proposed to be drought tolerant, native vegetation. • Adequate silt fencing and other protections will be necessary to protect the riparian resource during construction. • Lamps will be directed away and/or shields will be installed to protect the riparian area form light pollution. Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page 13 I I I I I I I I I I I I I I I I I I I 8. References Abrams, Leroy and Roxana Stinchfield Ferris. 1960. Illustrated Flora of the Pacific States: Washington, Oregon and California. four Volumes. Stanford University Press, Stanford, California. Beauchamp, R. M. 1986. A Flora of San Diego County, California. Sweetwater Press, National City, California. Bowan, R.H. 1973. Soil Survey, San Diego Area, California, Part 1. United States Department of Agriculture. 104 pp. appendices. Hickman, J. C. 1993. The Jepson Manual. Higher Plants of California, University of California Press, Berkeley, California. 1400 pp. + 1 p. errata Holland, Robert F. 1986. "Preliminary Vegetative Plant Communities of California." Department of Fish and game, Natural Heritage Section. Munz, P. 1974. A Flora of Southern California. University of California Press, Berkeley, California. 1086 pp. Reiser Craig H. 1994. Rare Plants of San Diego County, Aqua fir Press. Imperial Beach, CA. San Diego County Department of Planning and Land Use, Guidelines for the Implementation of the California Environmental Quality Act, Aug. 1991. Skinner, M. W. and Pavlik, B. M. 1994. California Native Plant Society's Inventory of Rare and Endangered Vascular Plants of California. Special Publication No. 1 (Fifth Edition), California Native Plant Society, Sacramento, California. 338 pp. Sunset Publishing Corporation, Sunset Western Garden Book, 2001. USGS Photorevised 1968, Encinitas 7.5' quadrangle. Preliminary Vegetation Assessment, APN #212-040-64, January 7, 2003. page 14 I I I I I I I I I I I I I I I I I I 1- Appendix A Plants of APN #212-040-65. Carlsbad, California ,. I I I I I I I I I I I I I I I I I I Appendix A Plants of APN #212-040-65. Carlsbad, California I I I I I I I I I I I I I I I I I I I Appendix A Plants of APN 212-040-065 Carlsbad, California. ANGIOSPERMAE (DICOTS) Aizoaceae -Carpetweed, Fig-marigold or Iceplant family * Carpobrotus edulis Hottentot fig * Tetragonia tetragonioides New Zealand spinach Anacardiaceae -Sumac family Rhus integrifolia Apiaceae -Carrot family * Foenculum vulgare Apocynaceae -Dogbane Family * Vinca major Asteraceae -Sunflower family Ambrosia psilostachya Artemisia californica Artemisia douglasiana Baccharis pilularis Baccharis salicifolia * * Heterotheca granidflora Gazania fill:. -Isocoma veneta Sonchus oleraceus Brassicaceae -Mustard family * Brassica nigra * Coronopus §Q. * Hirschfeldia incana * Lobularia maritima Chenipodiaceae -Goosefoot family * Atriplex semibaccata * Salsola tragus Euphorbiaceae -Spurge Family * Ricinus communis Lemonadeberry Sweet fennel Greater periwinkle Western ragweed Coast sagebrush Mugwort Coyote brush Mule fat Telegraph weed Gazania Coast goldenbush Sow thistle Black mustard Swine cress Perennial mustard Sweet alyssum Australian saltbush Russian "thistle" Castor bean I I I I I I I I I I I I I I I I I I I Fabaceae -Pea family * Acacia.m:_ * Lotus scoparius Medicago polymorpha Fagaceae -Beech family Ouercus agrifolia Geraniaceae -Geranium Family * Erodium cicutarium Heliotropium -Heliotrope Family Heliotropum curassavicum Lamiaceae -Mint family Salvia mellifera Malvaceae -Mallow family * Malva parvifolia Myrtaceae -Myrtle Family * Eucalyptus & Myporaceae -Myoporum Family * Myoporumlaetum Primulaceae -Primrose Family * Anagallis arvensis Polygonaceae -Buckwheat Family Eriogonum fasciculatum Rumex crispus * Rosaceae -Rose family * Rosa.m:_ Salicaceae -Willow family Populus fremontii Salix gooddingii Salix lasiolepis Solanaceae -Nightshade family * Datura wrightii * Nicotiana glauca Acacia Deerweed California burclover Coast live oak Red-stem filaree Alkali heliotrope Black sage Cheeseweed Gum tree Myoporum Scarlet pimpernel Flat-top buckwheat Curly dock Hybrid rose Fremont cottonwood Goodding's black willow Arroyo willow Jimsonweed Tree tobacco I I I I I I I I I I I I I I I I I I I Urticaceae-Nettle Family * Urtica urens ANGIOSPERMAE (MONOCOTS) Cyperaceae -Sedge family * Cyperus.§Q,_ Scirpus acutus var. occidentalis Poaceae -Grass family Dwarf stinging nettle Sedge Tule * Bromus diandrus Ripgut grass * Bromus madritensis ssp. rubens (= B. rubens) Red brome * Cortaderia jubata Pampas grass Typhaceae -Cattail Family Tyhpa domingensis Plant Communities Coastal Valley and Freshwater Marsh Southern Willow Scrub Exotic Disturbed Developed Southern cattail STATUS ! Classified Sensitive * Non-native (weed or cult.) I I I I I I I I I I I I I I I I I I I Appendix B Biological Conditions and Constraints at the Pacific Enterprises Site, Helix Environmental Planning, Inc. March 13, 2001 • • I I I I I ,~ I I I I I Letter Report to Mr. Ali Shapouri March 13, 2001 Page2 northern portion of the western parcel. This drainage flows westward for several miles before draining into the Pacific Ocean. The majority of the site consists of disturbed habitat, with native vegetation communities (including freshwater marsh, southern willow scrub and southern mixed chaparral) existing along the length of the drainage and on the steep slope along the southern boundary of the eastern parcel. On-site elevations range from approximately 100 to 160 feet above mean sea level. Two soil types are present on the Pacific Enterprises property. The majority of the site consists of Visalia sandy loam (2 to 5 percent slopes), typically found in alluvial fans and floodplains, while Diablo clay (15 to 30 percent slopes) is located on steep slopes in the southern portion of the eastern parcel. Although neither of these soil types is listed as hydric (USDA 1992), inundated and/ or saturated conditions that meet the minimum requirements for hydric soils, and the accompanying establishment of wetland vegetation, have occurred in portions of the main drainage. From a regional standpoint, the Pacific Enterprises Property is part of the City of Carlsbad's Habitat Management Plan (HMP; 1999) area and the northern San Diego County draft Multiple Habitat Conservation Plan (MHCP) study area.· These plans propose to preserve open space in a viable network of large blocks and connecting linkages in northwestern San Diego County. This project site is located within the Local Facility Management Zone (LFMZ) Number 5 of the City of Carlsbad HMP. The project site is also within the Mello II Segment of the Carlsbad LCP. METHODS Two site visits were conducted to map vegetation, identify plant species present, record wildlife species observed, identify additional focused survey requirements, and perform a jurisdictional delineation. Field work for these efforts was conducted on April 12 and 13, 2000, by W. Larry Sward and Sally Trnka. Vegetation was mapped on a topographic map at a scale of 1 inch equals 100 feet. The general botanical survey was performed by walking portions of all habitat types present on site and noting all of the plant species that were observed. Sensitive plant species were searched for opportunistically during the general survey. Additional potentially-occurring plant species were determined by conducting a habitat-based analysis of the known distribution of sensitive species in the City of Carlsbad. A focused survey for rare plants including San Diego thornmint (Acanthomintha ilicifolia) and thread-leaved brodiaea (Brodiaea filifolia) was conducted in May 2000, with this survey involving walking applicable portions of the site during the appropriate season. • I I I I I I I_., I I I I I -I -~ ·1 ii Letter Report to Mr. Ali Shapouri March 13, 2001 Page3 Wildlife survey techniques included searching all habitats for anticipated wildlife species that could occur. All habitat types were searched for wildlife presence or sign and all observations were noted during the surveys. Additional potentially-occurring animal species were detennined by conducting a habitat-based analysis of the known distribution of sensitive species in the City of Carlsbad. Focused surveys were conducted within and adjacent to on-site riparian areas to determine the presence/ absence of least Bell's vireo (Vireo bellii pusillus). Pursuant to U.S. Fish and Wildlife Service (USFWS) protocol, this effort included eight individual surveys conducted at appropriate intervals between April 12 and June 21, 2000. A jurisdictional delineation was also conducted withln the project site, following methods prescribed by the U.S. Army Corps of Engineers (ACOE, Environmental Laboratory 1987). Potential jurisdictional areas were investigated for evidence of vegetation, hydrology, and soils that are characteristic of wetland areas. In addition to identifying wetland areas, non-wetland Waters of the U.S. within drainages were determined by the ordinary high water mark (OHWM) and bed and bank topography. California Department of Fish and Game (CDFG) jurisdictional areas were determined based on the presence of wetland vegetation or a streambed. Complete details of the ACOE and CDFG delineation efforts are provided in a separate jurisdictional delineation report (HELIX 2000). Nomenclature for this report is from Hickman, ed. (1993) for scientific plant names; Beauchamp (1986) for common plant names; Holland (1986) for vegetation communities; Opler (1999) for butterflies; Collins (1990) for reptiles and amphibians; the American Ornithologist's Union (1998) for birds; and Jones et al. (1992) for mammals. Sensitive plant and animal status is taken from California Department of Fish and Game (CDFG) compiled lists (1999, 2000a, and 2000b). EXISTING CONDITIONS Vegetation The site supports three native vegetation communities: freshwater marsh; southern willow scrub (including disturbed); and southern mixed chaparral, as well as disturbed habitat and non-wetland Waters of the U.S. (ephemeral drainage, see Figure 3 and Table 1). Letter Report to Mr. Ali Shapouri March 13, 2001 Table 1 VEGETATION COMMUNITIES Vegetation Community Acreage Wetlands Freshwater marsh 0.2 Southern willow scrub 2.0 Southern willow scrub -disturbed 0.3 Uolands Southern mixed chaparral 2.0 Disturbed habitat 12.2 Other Ephemeral drainage 0.3 TOTAL 17.0 Wetlands Freshwater Marsh Page4 Coastal and valley freshwater marsh is dominated by perennial, emergent monocots which reach a height of 12-15 feet. This vegetation type occurs along the coast and in coastal valleys near river mouths and around the margins of lakes and springs. These areas are permanently flooded by fresh water yet lack a significant current (Holland 1986). Characteristic species include riparian monocots such as cattails (Typha sp.), spike sedge (Eleocharis sp.), rush (]uncus sp.), and umbrella sedge (Cyperus sp.). On site vegetation in this habitat is dominated by bulrush (Sdrpus sp.) and cattails (Typha sp.). Approximately 0.2 acre of freshwater marsh occurs along the drainage in the western parcel. Southern Willow Scrub Southern willow scrub is a riparian plant community that is dominated by willows (Salix sp.). The dominant species within this habitat on site include arroyo willow (Salix lasiolepis) and Fremont cottonwood (Populus fremontii). Approximately 2.0 acres of southern willow scrub and an additional 0.3 acre o! disturbed southern willow scrub occur along the drainage within the eastern parcel. Letter Report to Mr. Ali Shapouri March 13, 2001 Uplands Southern Mixed Chaparral PageS Southern mixed chaparral is composed of broad-leaved, sclerophyllous shrubs (i.e., containing leaves with a thick waxy coat to reduce water loss from evapo-transpiration) that grow to about 6 to 10 feet tall and form dense often nearly impenetrable stands. This habitat occurs on dry, rocky, often steep north-facing slopes with little soil. As conditions become more mesic (drier), broad-leaved, sclerophyllous shrubs that resprout from underground root crowns become dominant. On-site dominant plant species observed within this habitat include toyon (Heteromeles arbutifolia} and lemonadeberry (Rhus integrifolia). Other species observed include coyote bush (Baccharis pilularis), fuschia-flowered gooseberry (Ribes speciosum), and California encelia (Encelia californica). Approximately 2.0 acres of southern mixed chaparral occur on site. Disturbed Habitat Disturbed areas occur where native habitat has recently been disced, cleared, or otherwise altered. Some disturbed areas contain little, if any, vegetation. Other areas include ruderal vegetation dominated by non-native, weedy species. Many of the species characteristic of disturbed habitat also occur in non-native grassland, but disturbed habitat is dominated by invasive species other than grasses. On-site disturbed habitat occurs on all level portions of the site. This habitat is presumed to have been created during non-irrigated agricultural activities common to the local area. Vegetation is dominated by a variety of annual forbes including mustard (Brassica sp.), filaree (Erodium spp.) and iceplant (Mesembryanthemum spp.), and to a lesser extent by non- • native grasses such as wild oat (Avena spp.), brome (Bromus spp.) and ryegrass (Lolium perenne). Approximately 12.2 acres of disturbed habitat occur on site. Other Ephemeral Drainages Ephemeral drainages consist of non-vegetated channels that conduct ephemeral water flows, mostly during the winter rainy season. Onsite, one main ephemeral drainage traverses the site from east to west. This drainage is largely smooth-bottomed with sandy soils and a defined bed and bank topography created by periodic water flow and scouring during storm events. The drainage averages between 8 and 12 feet in width along its length. At the time of the site surveys portions of the dram.age contained environmental plannin~. inc. i I I I I I I ,, ' \ \ \ •• I I I " I I I I ·~~/-----~~ -~, : ------------~ Letter Report to Mr. Ali Shapouri March 13, 2001 Page6 water, likely resulting as runoff from recent rainfall events. Approximately 0.3 acre of ephemeral drainage occurs on site. Plants No sensitive plant species were observed onsite during the botanical survey, although a total of 17 sensitive species were determined to have the potential to occur (Attachment 1). These species include one federal-and state-listed endangered species (Orcutt's spineflower [Chorizanthe orcuttiana]), and two federal-listed threatened and state-listed endangered species (thread-leaved brodiaea [Brodiaea filifolia] and San Diego thornmint [Acanthomintha ilidfolia]). Sensitive species listed in this report include Federal-and State-listed species, NCCP Target Species, Carlsbad HMP Covered Species, and priority plant species in the draft MHCP (SANDAG 1997). A rare plant survey was conducted on May 26, 2000 to search applicable portions of the site for potentially occurring sensitive plant species. This survey was limited to areas proposed for development and the adjacent riparian corridors, with the southern mixed chaparral habitat in the southern part of the site not surveyed. The noted areas were surveyed for all potentially occurring sensitive plants, including San Diego thornmint and thread-leaved brodiaea. No rare plants were observed within the described portions of the project site during the noted survey, with a memorandum documenting this effort included as Attachment 2. It should be noted that the potential for Orcutt' s spineflower to occur onsite is limited to the southern mixed chaparral habitat along the southern site boundary, due to the highly disturbed nature of other on-site upland areas. If the on-site -chaparral habitat is subsequently proposed for development/ disturbance, an additional focused survey for Orcutt' s spineflower would be required. Animals No sensitive animal species were observed on site during the general zoological survey, although a total of 28 sensitive species were determined to have the potential to occur on site (Attachment 3). These species include two federa.µ.y-listed endangered species (southwestern willow flycatcher [Empidonax traillii. extimus] and least Bell's vireo [Vireo bellii pusillus]). Sensitive species listed in this report include Federal-and State-listed species, Target Species or Other Sensitive Species in the Carlsbad HMP, and priority plant species in the draft MHCP {SANDAG 1997). , Focused surveys for the least Bell's vireo were conducted on the Pacific Enterprises property between April 12 and June 21, 2000, with this species not observed onsite. A report documenting the methodology and results of these surveys is included as Attachment 4. As part of the vireo surveys, the environmental planning. inc. Letter Report to Mr. Ali Shapouri March 13, 2001 Page7 site was also assessed for potential as southwestern willow flycatcher habitat. The potential habitat areas along the on-site drainage are considered to be poor quality for this species, and the probability that the flycatcher would use this area is very low. Jurisdictional Areas Wetland habitats are considered sensitive by local (City of Carlsbad 1999), state (CDFG [Holland 1986]), and federal [ACOE]) agencies. They are regulated by the ACOE under Section 404 of the Oean Water Act and by the CDFG under the Section 1600 of the Qalifornia Fish and Game Code. Details of the jurisdictional delineation results are summarized below, with specific information provided in the referenced wetland delineation report (HELIX 2000). Federal (ACOE) jurisdictional areas on the Pacific Enterprises property are present within and along the perimeter of the main on-site drainage. ACOE jurisdictional areas consist of approximately 0.2 acre of wetlands as freshwater marsh, and 0.3 acre of non-wetland Waters of the U.S. as ephemeral drainage. State (CDFG) jurisdictional areas on the project site total 2.8 acres, and include all ACOE jurisdictional areas (wetlands and non-wetland Waters of the U.S.), as well as additional riparian habitat that meets CDFG jurisdiction vegetation requirements. CDFG jurisdictional areas consist of 0.2 acre of freshwater marsh, 2.3 acre of southern willow scrub (including disturbed), and 0.3 acre of streambed. REGIONAL CONTEXT The City of Carlsbad HMJ> is a Natural Communities Conservation Planning Act (NCCP) subarea plan, addressing potential impacts to native species and habitats while at the same time providing mitigation options that satisfy the federal and state ESAs. The primary objective of the HMP is to identify and maintain a preserve system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMP preserve is a network of large habitat blocks with interconnecting linkages. The Pacific Enterprises property is not located within any City of Carlsbad HMP designated Focus Planning Areas (FPAs), Linkages, or Special Resource Areas. The project site is, however, located immediately north and west of Linkage Area F. Tius linkage connects Core 6 and Core 8 FP As and is intended to serve primarily as a stepping-stone linkage for birds. The linkage consists mainly of coastal sage scrub and chaparral habitats. Letter Report to Mr. Ali Shapouri March 13, 2001 Pages The project site is located within the Mello II Segment of the Carlsbad LCP, with the principal objectives of this plan including protection of coastal waters and associated tributaries. - ANTICIPATED CONSTRAINTS AND MITIGATION REQUIREMENTS The primary constraint on the Pacific Enterprises Property is the presence of ACOE and CDFG jurisdictional areas, as well as associated setback (buffer) requirements related to federal, state and local criteria. A total of 0.2 acre of ACOE jurisdictional wetlands and 0.3 acre of ACOE jurisdictional non­ wetland Waters of the U.S. occur on site. CDFG jurisdictional areas include all ACOE jurisdictional areas, as well as an additional 2.3 acres of southern willow scrub habitat. Impacts to ACOE jurisdictional areas are regulated by the ACOE under Section 404 of the Oean Water Act (33 U.S.C. 1344). Wetland areas are regulated under a "no net loss" policy by the ACOE, and any impacts to ACOE jurisdictional wetlands areas would require mitigation at appropriate ratios. The currently proposed development of the Pacific Enterprises property would avoid direct impacts to all ACOE wetlands and non-wetland Waters of the U.S. Any impacts to CDFG jurisdictional areas are regulated under Fish and Game Code Section 1603 and would require a Streambed/Lake Alteration Agreement. The currently proposed development of the Pacific Enterprises property would not directly impact any CDFG jurisdictional habitat and jurisdictional streambed areas. Potential indirect impacts (e.g., light and noise) to jurisdictional areas would be mitigated through incorporation of a proposed minimum 25-foot buffer from federal jurisdictional boundaries (pursuant to federal Oean Water Act Section 404 regulations), with this buffer extending approximately 5 to 30 feet beyond the mapped CFDG jurisdictional habitat (see "Jurisdictional Buffer" on Figure 3). The City of Carlsbad LCP, however, requires a SO-foot wide buffer area extending" ... around all identified riparian areas, unless the applicant demonstrates that a buffer of lesser width will protect identified resources, based on site-specific information." Based on field investigation and analysis of onsite resources, the "Jurisdictional Buffer" shown on Figure 3 is considered adequate to protect the functions and values of identified biological resources within and downstream of the Pacific Enterprises site for the following reasons: 1) all additional areas contained within the "LCP buffer" (i.e., beyond the "Jurisdictional Buffer") contain disturbed habitat supporting exotic, primarily weedy, species. One of the principal objectives of establishing buffers around riparian zones is to increase the diversity of contiguous habitat types and attendant species. Because the site does not I . -· ·-·--r·.· -ir.is;.;7\'-''r.:··-. , '\It~. \"0 ·°'' ......... ~· '.".~'. I •• .4.., '-~' -.... ::;:;_-:.,, : .. _________ .... Letter Report to Mr. Ali Shapouri March 13, 2001 Page 9 contain native habitat within the additional buffer area identified under the Carlsbad LCP, this objective would not be served by increasing the buffer width. 2) A second major objective for establishing buffer zones is to protect water quality and associated biological resources by providing a filtering mechanism for runoff before it enters the riparian zone. Because of the disturbed nature of the area in question, the value in terms of runoff and water quality benefits to the adjacent riparian zone is questionable. The applicant has proposed to implement a number of measures to reduce impacts to riparian areas from onsite runoff, including locating parking areas away from riparian/buffer zones to the maximum extent feasible, and grading the project site such that all associated drainage is subjected to onsite Best Management Practices (BMPs) prior to discharge. Specific BMPs to be employed onsite would include the use of structural measures such as grease and oil traps, fossil filters and sediment basins in applicable locations, as well as the placement of landscaping between development and riparian areas (i.e., within the buffer zone). Such landscaping would incorporate native species and would provide an additional filtering mechanism for onsite runoff. The implementation of such measures would substantially reduce potential water quality impacts to onsite riparian areas, and, considering the disturbed nature of the site, would afford better protection to regional and local biological resources than the establishment of larger buffers without such measures; and 3) An additional objective of establishing protective buffers is to reduce indirect impacts associated with onsite light and noise generation. The project applicant has proposed a number of design measures to reduce potential impacts from light and noise, including (as noted above) locating parking areas away from riparian/buffer zones wherever feasible, minimizing lighting in areas adjacent to riparian/buffer zones, and use of low sodium light fixtures and shielding to reduce/ direct illumination. Based on the above discussions, implementation of the proposed project design would effectively mitigate potential indirect impacts to identified biological resources, and the implementation of additional buffer zones (as noted in the Carlsbad LCP) is considered unnecessary. The decision regarding the need for additional buffers will be made by the City as part of the project approval process. Although the project lies outside any of the City's proposed fIMP open space areas, any impacts to upland habitats would likely require mitigation. Impacts to southern mixed chaparral habitat would likely require a fee of 3,000-10,000 dollars per acre. Impacts to disturbed habitat may also require the payment of a fee, although it would be much smaller than that required for chaparral habitat. The currently proposed development of the Pacific Enterprises property would not impact southern mixed chaparral, but would impact the majority of the disturbed habitat on site. Actual payment environmental planning. inc. ------------ Letter Report to Mr. Ali Shapouri March 13, 2001 Page 10 requirements for this impact will need to be worked out in consultation with the City of Carlsbad. In the event that the City HMP is not adopted, mitigation for described impacts to southern mixed chaparral and disturbed habitats could be accomplished by on-site restoration, the purchase of offsite habitat through a regional mitigation bank, or a combination of these measures. Specifically, on-site upland restoration could involve applicable disturbed areas adjacent to the jurisdictional drainage in the western portion of the site, and/ or the triangular-shaped disturbed area located south of the southern willow scrub ( and contiguous with existing southern mixed chaparral) near the southeastern site corner (refer to Figure 3). As previously described and documented in Attachments 2 and 4 of this report, no rare plant or animal species were observed onsite during general botanical/wildlife or focused survey efforts (including the San Diego thornmint, thread-leaved brodiaea and least Bell's vireo). The southwestern ~ow flycatcher was also not observed on-site and is not anticipated to occur due to the low quality of riparian habitat. The potential for Orcutt' s spineflower to occur onsite is limited to the southern mixed chaparral habitat along the southern site boundary, due to the highly disturbed nature of other on-site upland areas. If the on-site chaparral habitat is subsequently proposed for development/ disturbance, an additional focused survey for Orcutt' s spineflower would be required. None of the other sensitive plant or animal species with potential to occur on site (see Attachments 1 and 3) would pose a significant constraint to project development, due to their lower sensitivity or more widespread distribution. SUMMARY AND RECOMMENDATIONS The Pacific Enterprises Property supports 0.2 acre of freshwater marsh, 2.3 acres of southern willow scrub (including disturbed), 2.0 acres of southern mixed chaparral, 12.2 acres of disturbed habitat, and 0.3 acre of ephemeral drainage. Of these habitats, 0.2 acre is ACOE jurisdictional wetlands, and 0.3 acre is ACOE jurisdictional non-wetland Waters of the U.S. In addition, CDFG jurisdictional areas include all ACOE jurisdictional areas as well as an additional 2.3 acres of riparian habitat (southern willow scrub). Proposed development of the Pacific Enterprises project site would only impact disturbed habitat. Mitigation in the form of a fee payment for each acre of disturbed habitat impacted would need to be worked out in consultation with the City of Carlsbad, pursuant to City HMP requirements. If the City HMP is not adopted, mitigation for the noted impacts to disturbed habitat (as well as impacts to southern mixed chaparral if applicable) could be accomplished by on-site restoration, the purchase of offsite habitat Letter Report to Mr. Ali Shapouri March 13, 2001 Page 11 through a regional mitigation bank, or a combination of these measures. Specifically, on-site upland restoration could involve applicable disturbed areas adjacent to the jurisdictional drainage in the western portion of the site, and/ or the triangular-shaped disturbed area located south of the southern willow scrub (and contiguous with existing southern mixed chaparral) near the southeastern site corner (refer to Figure 3). The current project proposes to avoid direct impacts to all ACOE and CDFG jurisdictional areas during construction. In addition, the proposed project design would minimize indirect impacts to ACOE and CDFG jurisdictional areas with the incorporation of the proposed "Jurisdictional Buffer" where grading would not ocCt1r: Th.is buffer, along with proposed design measures to reduce indirect effects to water quality, light and noise, is considered adequate to effectively protect identified riparian resources within and downstream of the project site. Given these avoidance and protection measures, no permits for wetland impacts would be required from the ACOE or CDFG for the proposed project. While additional buffer areas identified in the Carlsbad LCP are not considered necessary to protect biological resources (as described above), the final determination of onsite buffer requirements will be made by the City as part of the project approval process. A rare plant survey was conducted on May 26, 2000 to search the site for potentially occurring sensitive plant species, including the San Diego thornmint and thread-leaved brodiaea. No rare plants were observed within the portions of the project site proposed for development ( or the adjacent riparian corridor) during this survey, and no· additional surveys or mitigation measures for rare plants are recommended (see Attachment 2). If the southern mixed chaparral habitat in the southern portion of the site is subsequently proposed for development or disturbance, an additional focused survey for Orcutt' s spineflower would be required. Focused surveys for the least Bell's vireo were conducted onsite between April 12 and June 21, 2000, with this species not observed onsit~. A report documenting the methodology and results of these surveys is included as Attachment 4. Vireo surveys are typically valid for two seasons, with the project surveys therefore applicable to at least the year 2000 and 2001 breeding seasons. If project grading is completed within this timeframe (i.e., prior to the breeding season beginning April 1, 2002), no additional surveys or mitigation would be recommended. If project grading activities were expected to extend beyond the beginning of the 2002 breeding season, the project applicant should consult with the USFWS prior to commencing grading to determine if additional surveys or mitigation would be necessary. Specifically, such efforts may not be required even if project grading were to extend beyond the noted date, due to the poor quality of on-site habitat. If additional surveys are required under these circumstances, they would likely Letter Report to Mr. Ali Shapouri March 13, 2001 Page 12 involve a similar level of effort as previously conducted, although specific requirements would be determined by the USFWS. In the event that vireos were subsequently determined to be present onsite, mitigation would be required to avoid potential impacts associated with project grading ( e.g., noise generation). Specifically, such measures could entail restricting project grading to the non-breeding season (September 1 to April 1), providing adequate construction buffers, or use of temporary noise barriers. As part of the above described vireo surveys, the site was also assessed for potential as southwestern willow flycatcher habitat. The potential habitat areas along the on-site drainage are considered to be poor quality for this species and the probability that the flycatcher would use this area is very low. Accordingly, no additional surveys or mitigation measures for this species are recommended. Please let me know if you have any questions or need any additional information. Sincerely, ~~---~~ Dennis Marcin Environmental Specialist Attachments: Figure 1 Figure 2 Figure 3 Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Regional Location Map Project Vicinity Map Existing Conditions Listed or Sensitive Plant Species with Potential to Occur on Site Rare Plant Focused Survey Results Listed or Sensitive Animal Species with Potential to Occur on Site Least Bell's Vireo Focused Survey Results Explanation of Status Codes for Plants and Animals Attachment 1 LISTED OR SENSITIVE PLANT SPECIES WITH POTENTIAL TO OCCUR ON SITE SPECIES STATUS* HABITAT BLOOMING POTENTIAL PERIOD TO OCCUR San Diego thornmint Ff/SE Annual herb associated with April-June Moderate. Has (Acanthomintha ilicifolia) CNPS ListlB gabbro or day soils in been observed R-E-D 2-3-2 chaparral, coastal sage scrub, in the local area. NCCPTS1 grasslands, and vernal pools. HMPCS2 California spinebush -!--Deciduous shrub typically December-Moderate. Has (Adolphia californica) CNPS List2 found on clay soils in dry April . been observed R-E-D 1-2-1 canyons and washes in coastal in the local area. -sage scrub, chaparral, and grasslands. Occurs below 1,000 ft. in elevation in western San Diego County and northwestern Baja California, Mexico. Thread-leaved brodiaea .Ff/SE Perennial herb (bulbiferous) March-June Low. Would (Brodiaea filifolia) CNPSListlB occurring in coastal sage scrub, have been R-E-D3-3-3 cismontane woodlands, observed if HMPCS grasslands, and vernal pools present. Has with clay soils. Range includes been observed coastal San Diego County to in the local area. central Baja California. Orcutt' s brodiaea FSC/-Perennial herb (bulbiferous) May-July Low. Due to the (Brodiaea orcuttii) CNPSListlB occurring in closed-cone small size of R-E-D 1-3-2 coniferous forests, chaparral, potential habitat NCCPTS cismontane woodlands, on site. HMPCS grasslands, and vernal pools on day soils. Range extends from Riverside and San Bernardino Counties through San Diego County into Baja California. Wart-stemmed FSC/-Evergreen shrub occurring in January-Low. Would ceanothus CNPSList2 chaparral. Range includes April have been (Ceanothus verrucosus) R-E-D 1-2-1 coastal San Diego County to observed if HMPCS central Baja California. present. Orcutt' s spineflower FE/SE Annual herb occurring in March-April Low. Due to the (Chorizanthe orcuttiana) CNPS ListlB closed-cone coniferous forests, small size of R-E-D3-3-3 chaparral, and coastal sage potential habitat HMPCS scrub near the coast. Range is on site. limited to San Diego Countv. Attachment 1 (cont.) SPECIES STATUS* HABITAT BLOOMING POTENTIAL PERIOD TO OCCUR - Summer holly FSC/--Evergreen shrub occurring on April-June Moderate. Has (Comarostaphylis CNPSList1B north-facing slopes and been observed diversifolia ssp. diversifolia) R-E-D 2-2-2 drainages in chaparral. locally in HMPCS Scattered locations below southern mixed approximately 2,300 feet in chaparral. elevation from the foothills to the coast in Orange and San Diego counties and south into Baja California, Mexico. Western dichondra -!-Perennial herb occurring in the March-May Moderate. (Dichondra occidentalis) CNPS List4 understory of chaparral, coastal R-E-D 1-2-1 sage scrub, valley and foothill NCCPTS grasslands, and cismontane woodlands. Range extends from Marin and Sonoma Counties to San Miguel Island and Baia California. Sticky-leaved liveforever FSC/--Perennial herb occurring in May-June Low. Due to the (Dudleya viscida) CNPS ListlB coastal sage scrub and small size of R-E-D3-2-3 chaparral of bluffs and rocky potential habitat NCCPTS cliffs. Range includes southern on site. HMPCS Orange County to central San Diego County. San Diego barrel cactus FSC/-Succulent occurring in coastal May-June Low. Due to the (Ferocactus viridescens) CNPSList2 sage scrub, chaparral, and small size of R-E-D 1-3-1 grass-lands within coastal San potential habitat HMPCS Diego County. on site. Palmer's grapplinghook. FSC/-Annual herb occurring on clay March-April Low. Oay (Harpagonella palmen) CNPSList2 soils in chaparral, coastal sage inclusions are R-E-D 1-2-1 scrub, and grasslands. Range not expected on NCCPTS includes southern California the steep slopes from Los Angeles County containing southward, Arizona, and chaparral. northern Baja California. San Diego marsh elder FSC/-Perennial herb occurring in April-Low. (Iva hayesiana) CNPSList2 playas, riparian areas, and September R-E-D2-2-1 along ephemeral streams. HMPCS Range includes coastal San Diego County to central Baja California. Southwestern spiny rush -!-Perennial herb occurring in May-June Low. (]uncus acutus var. CNPS List4 coastal dunes, meadows, lec,poldii) R-E-D 1-2-1 alkaline seeps, and freshwater and saltwater marshes. Range extends from San Luis Obispo and San Bernardino Counties to central Baia California. I Attachment 1 (cont.) SPECIES STATUS* HABITAT Cleveland's goldenstar FSC/-Perennial herb occurring on (Muilla clevelandiz) CNPS ListlB clay soils on dry mesas and R-E-D 2-2-2 hillsides in coastal sage scrub, HMPCS chaparral, grasslands, and vernal pools. Range includes Orange and San Diego Counties and Baja California. Nuttall' s scrub oak FSC/-Evergreen shrub occurring in (Quercus dumosa) CNPSListlB chaparral and coastal scrub R-E-D 2-3-2 with sandy or clay loam soils. HMPCS Range includes Baja California, Mexico; and San Diego, Orange, and Santa Barbara counties in California. Ashy spike-moss -!-Perennial herb (rhizomatous) (Selaginella cinerascens) CNPS List4 occurring in open coastal sage R-E-D 1-2-1 scrub and chaparral. Range includes Orange County to northern Baia California. San Diego County -!-Perennial shrub occurring in viguie'ra CNPS List4 coastal sage scrub and (Viguiera laciniata) R-E-D 1-2-1 chaparral. Range includes NCCP coastal San Diego County to central Baia California. "See Explanation of Status Codes for Plants and Animals (Attachment 5) 1Natural Community Conservation Program target species. 2covered Species of the Carlsbad HMP. BLOOMING POTENTIAL PERIOD TO OCCUR May Low.Most potential habitat on site is too dense for this species. February-Moderate. Has March. been observed locally in southern mixed chaparral. Fertile in Moderate. March Common in the surrounding area. February-June Low. Typically occurs further south. I I date: to: ' organization: \ from: subject: \ job number: '1 message: ,~ I '1 ' '1 I I I I. 8100 La Mesa Blvd., Suite 150 t,a Mesa, CA 91941-6476 mail: admin@heli..r:epi.com ,_:hone: (619) 462-1515 wax (619) 462-0552 I ATTACHMENT 2 MEMORANDUM June 5, 2000 Ali Shapouri Shapouri & Associates Dennis Marcin / Sally Trnka May 2000 Rare Plant Survey for Pacific Enterprises SHA-01 This memo reports the results of a rare plant survey conducted at the Pacific Enterprises project site on May 26, 2000 by HELIX Environmental Planning, Inc. (HELIX) biologist Sally Trnka. This survey focused on portions of the project site that would be directly impacted, or that have the potential to be indirectly impacted by the currently proposed project (Shapouri & Associates, April 2000). METHODS The rare plant survey was conducted by walking the site and searching the areas specified for all sensitive plant species with a potential to occur on site ( as listed in the May 12, 2000 Pacific Enterprises Biological Constraints letter report prepared by HELIX). Particular attention was paid to locating the two federally listed species that had potential to occur within the survey areas, namely San Diego thornmint [Acanthomintha ilicifolia] and thread-leaved brodiaea [Brodiaea filifolia]. The survey was conducted at a time of year when all of the species with a potential to occur within the survey areas would have been readily observed, either in a vegetative form or during the flowering period of the species. message (cont): I a!.~00 La Mesa Blvd., ~uite 150 ~ Mesa, CA 91941-6476 •mail: admin@helix:epi.com I phone: (619) 462-1515 fax (619) 462-0552 I ATTACHMENT 2 (CONT.) MEMORANDUM RESULTS No rare plants were located on the Pacific Enterprises project site during the current survey. Although several sensitive species have been observed in the local area, the conditions existing on the Pacific Enterprises site (namely the dominance of ruderal vegetation within the disturbed areas and the dense canopy of the riparian vegetation along the drainage) do not appear to be favorable for the growth of these species. I ~ I I Attachment 3 POTENTIALLY OCCURRING SENSITIVE ANIMAL SPECIES SPECIES STATUS* POTENTIAL TO OCCUR INVERTEBRATES Quino checkerspot FE;1'IHCP Low; larval host plant (Plantago erecta) not observed on (Euphydryas editha quino) priority site. Not expected to occur on site and outside of species USFWS required survey area. Harbison' s dun skipper H1vIPCS Low; inhabits riparian habitats and chaparral; host plant (Euphves vestris harbisoni) San Diego sedge (Carex spissa) not observed on site. Hermes copper H1vIPCS Low; inhabits southern mixed chaparral and coastal (Lycaena hennes) sage scrub in more inland areas. Host plant (Rhamnus crocea) may occur on site. VERTEBRATES Reptiles Orange-throated whiptail FSC/CSC Moderate; favored food (termites [Hesperis sp.]) not (Cnemidophorus hyperythrus 1'1HCP priority observed but likely present. beldingi) species HMPCS Coronado Island skink FSCCSC Moderate; prefers coastal sage scrub, grassland, and (Eumeces skiltonianus ruderal habitats. interparietalis) San Diego homed lizard FSC/CSC Moderate; favored food source (harvester ants (Phrynosoma coronatum HMPCS [Pogonomyrmex sp.]) not observed but may be present blainvillez) nearby. Western patch-nosed snake FSC/CSC Moderate; preferred food source (whiptails) most likely ( Salvadora hexalepis vir~l tea) occur on site. Birds Cooper's hawk -/CSC Moderate; In San Diego County tends to inhabit (Acdpiter cooperit) HMPCS lowland riparian areas and oak woodlands in proximity to suitable foraging areas such as scrublands or fields. Occurs throughout the continental U.S. excluding Alaska, parts of Montana, and parts of the Dakotas. Winters south to Mexico and Honduras. Observed in the local area. Sharp-shinned hawk -/CSC Low; would only occur during winter as a visitor. (Accipiter striatus) Tricolored blackbird FSC/ CSC Low; foraging habitat (marsh) is found on site, but the (A~elaius tricolor) species would likely only occur as a winter visitor. Southern California -/CSC Low; due to the small amount of potential habitat rufous-crowned sparrow HMPCS (southern mixed chaparral) on site. Observed in the (Aimophila ruficeps canescens) local area. Bell's sage sparrow -/CSC Low; would have been observed if present. (Amphispiza belli belli) Burrowing owl FSC/CSC Low; would have been observed if present. (Athene cunicularia) HMPCS I I ,~ \ \ I I '1 I I I I I "' I I SPECIES Birds (cont.) Northern harrier (Circus cyaneus) Yellow warbler (Dendroica petechia brewsten) White-tailed kite (Elanus leucurus) Southwestern willow flycatcher (Empidona:x traillii extimus) California homed lark (Eremophila alpestris actia) Yellow-breasted chat (Icteriavirens) Loggerhead shrike (Lanius ludovicianus) Least Bell's vireo (Vireo bellii pusillus) Attachment 3 (cont.) I STATUS* I POTENTIAL TO OCCUR VERTEBRATES (cont.) -/CSC Moderate; would have been observed if present. Prefers coastal, salt, and freshwater marshlands, grasslands and prairies. Widespread throughout the temperate regions of North America and Eurasia. Winters and migrates throughout California from below sea level in Death Valley to an elevation of 9,800 feet. Known breeding areas in San Diego County include Torrey Pines, the Tijuana River Valley, and Camp Pendleton. Observed in the local area. -/CSC Moderate; prefers riparian habitats. On-site riparian habitat has potential to support, especially considering adiacent riparian areas. -/CSC Low; Nesting typically occurs in riparian or oak woodlands adjacent to grasslands where small mammals are hunted. Breeds in the Pacific U.S. Winters to South America as far south as Chile. Observed in the local area. FE/-Low; prefers riparian habitats. Surveys are not MHCP priority recommended as habitat is not appropriate. species HMPCS -/CSC Moderate; Prefers sandy beaches, agricultural fields, grasslands, and open areas. Occurs on coastal slopes and lowlands from Sonoma County to northern Baja California, Mexico. Flocks observed in the local area in disturbed/ al?ricultural areas. --/CSC Moderate; prefers riparian habitats. On-site habitat has HMPCS potential to support, especially considering adjacent riparian areas in the southeast comer. -/CSC Moderate; Prefers open habitats including grasslands, scrublands, and ruderal areas with adequate perching locations. Widespread, but declining, throughout North America. Winters south to Central America. Observed in the local area. FE/SE Low; prefers riparian habitats. Although this species MHCP priority has very high sensitivity, surveys are not species recommended as habitat is not appropriate. HMPCS I I I I I I r ~ ~ I I ~ '1 I I I "' I I I Attachment 3 (cont.) SPECIES STATUS* I POTENTIAL TO OCCUR VERTEBRATES (cont.) Mammals San Diego FSC/CSC Moderate; occurs primarily in open habitats including black-tailed ja~krabbit coastal sage scrub, chaparral, grasslands, croplands, (Lepus califomicus) and open, disturbed areas if there is at least some scrub cover present. Observed in the local area. Dulzura California -/CSC Moderate; found in chaparral and mule fat. Such pocket mouse habitat occurs on site. (Chaetodipus califo.micus femoralis) San Diego pocket mouse FSC/CSC Moderate; prefers open, sandy land with weeds. Such (Chaetodipus fallax fallax) habitat occurs on site. California mastiff bat -/CSC Moderate; may use site for foraging, but roosting sites (Eumaps perotis californicus). likely elsewhere. Desert woodrat FSC/CSC Moderate; nests are usually observed if present, but (Neotoma lepida intermedia) may have escaped view in thicker vegetated areas. Southern grasshopper mouse --/CSC Moderate; this species is not restrictive in its habitat (On11chom11s torridus ramona) requirements (Bond 1977). Townsend's western -/CSC Moderate; may use site for foraging, but roosting sites big-eared bat likely elsewhere. (Plecotus townsendii townsendii) "See Explanation of Status Codes for Plants and Animals (Attachment 5). ATTACHMENT 4 Report for the spring 2,000 Least Bell's vireo surveys at the Shapouri site located south of Palomar Airport Rd., east of College Blvd. in Carlsbad, California. July 12, 20000 ·consultant: Helix Environmental Planning, Inc. La Mesa, CA 91941-6452 Tel. 619-462-1515 Fax 619-462-0552 Biologist and sub-consultant: Renee Owens Vegueros Biology 17126 Lawson Valley Rd. Jamul, CA 91935 tel. & fax: (619)659-5871 renee@wildlife-tours.com Helix Project# SHA-01 Survey Methods Focused surveys for presence of the endangered least Bell's vireo (Vireo belli pusilus) (hereon ''LBV") were conducted in and surrounding the riparian areas of the site by biologist Renee Owens. For details regarding plant species, please refer to the vegetation/habitat survey data provided by Helix biologists. The surveys consisted of slowly and methodically walking transects within and • adjacent to riparian habitats onsite, including the perimeter of the sites. The route was arranged to· ensure complete survey coverage of the site and the immediately contiguous areas-where habitat existed. A topographic map of the area was provided to map any detected LBVs and other sensitive species. Binoculars were used to aid in bird detection and identification. The survey methodology was conducted in conformance with current U.S. Fish and Wildlife Service (USFWS) pennit survey protocol guidelines and requirements. A recorded tape of LBV vocalizations was played briefly every 50 to 100 feet (depending on sound attenuation due to noise disturbances and topography) to aid in auditory detection of targeted bird species. However, tape playback was not used until an initial period of passive listening occurred, since the target species frequently vocalizes (at least during breeding season), making tape playback often unnecessary for detection. The minimum tape playback necessary for comprehensive transect surveys was utilized in a manner to minimize the potential for harassment. Weather conditions, time of day, and season were appropriate for the detection of breeding LBVs (see TABLE 1). The survey was conducted under the authority of Federal lOa permit# 799569. I I ATTACHMENT 4 (CONT.) Survey Results The results of the focused surveys were negative findings for all 8 survey days; no LBVs were detected at any time on or bordering the site. The only other sensitive species detected was a pair of yellow-breasted chats mid-site, in the riparian vegetation approximately midway between Laurel Tree Rd. and the eastern border of the site. Table 1 Survey Conditions for spring, 2000 Survey# 1 2 3 4 5 6 7 8 Date 4/12 4/22 5/2 5/12 5/22 611 6/11 6/21 Hours 0815-1030 0630-0800 0630-0745 0635-0745 0630-0730 0620-0730 0630-0740 0630-0730 % cloud cover 15-0 25-<5 10-0 10-0 100-60 0-0 15-0 <5-<5 Temp. in °F(Begin-End) rnid60s-lo70s mid60s-lo70s hi60s-mid70s -70-hi70s rnid60s-lo70s -70--80 lo70s-hi70s mid70s--80 *Wind (Begin-End) 0-0 0-1 1-1 0-1 1-2 1-2 0-1 1-1 *= Wind speed is rated on a scale of 0 to 3, 0 being virtually no wind and 3 being the maximum rating (ie. maximum wind speed) allowed for vireo surveys according to US Fish and Wildlife surveying regulations. ' I I I I ,~ ' \ \ \ '1 I I I ~ I I I Attachment 5 EXPLANATION OF STATUS CODES FOR PLANTS AND ANIMALS U.S. FISH AND WILDLIFE SERVICE (USFWS) FE Federally-listed endangered Federally-listed threatened Federally-proposed endangered Federally-proposed threatened Federally-proposed for delisting FT FPE FPT FPD FC FSC MBTA Federal candidate species (former Category 1 candidates) Federal special concern species (a "term of art" for former Category 2 candidates) Migratory Bird Treaty Act CALIFORNIA DEPART:MENT OFFISH AND GAME (CDFG) State-listed endangered State-listed rare State-listed threatened SE SR ST SCE SCT csc State candidate for listing as endangered State candidate for listing as threatened California special concern species Fully Protected and Protected Fully protected and Protected species may not be taken or possessed without a permit from the Fish and Game Comn,ission and/ or the Department of Fish and Game WATCHLIST The Watch List (compiled by the Audubon Society and Partners in Flight) identifies species are those faced with population decline, limited geographic range, and/ or threats such as habitat loss on their breeding and wintering grounds serving as an early warning system that focuses attention on at-risk bird species before they become endangered. CALIFORNIA ENVIRONMENTAL QUALITY ACT For plants with no current state or federal legal standing, "CEQA" refers to the fact that under the Act, impacts to species may be found significant under certam circumstances (e.g., uniqueness due to size, age, or regional sensitivity). CALIFORNIA NATIVE PLANT SOCIETY (CNPS) LISTS lA "' Presumed extinct. 1B = Rare, threatened, or endangered in California and elsewhere. Eligible for state listing. 2 = Rare, threatened, or endangered in California but more common elsewhere. Eligible for state listing. 3 .. Distribution, endangerment, and/or taxonomic information needed, 4 "' A watch list for species of limited distribution. Needs monitoring for changes in population status. R-E-DCODE R (Rarity) 1 "' Rare but found in sufficient numbers and distributed widely enough that potential for extinction is low at this time. 2 ,. Occurrence confined to several populations or to one extended population. 3 = Occurrence limited to one or a few highly restricted populations, or present in such small numbers that it is seldom reported. E (Endangerment) 1 • Not endangered 2 "' Endangered in a portion of its range 3 • Endangered throughout its range D (Distribution) 1 .. More or less widespread outside California 2 • Rare outside California 3 • Endemic to California 11--y II 8100 La Mesa Blvd., Suite 150 LaMesa, CA91941-6476 \ • e-mail:admin@helixepi.com p Jax (619) 462-0552 II phone (619) 462-1515 • ' ' -,~ I I I I I i ~ -I -I March 13, 2001 Mr. Ali Shapouri, AICP Shapouri & Associates 16089 San Dieguito Road, Suite H-102 Rancho Santa Fe, CA 92067-6221 Subject: Dear Ali: Biological Conditions and Constraints at the Pacific Enterprises Site SHA-01 Based on surveys conducted by HELIX Environmental Planning (HELIX), this letter report describ~~ existing biological conditions and addresses potential project biological constraints for the 17.0-acre Pacific Enterprises property in the City of Carlsbad, California (City). This analysis includes information that would satisfy review of site development under the federal Clean Water Act (including Section 401 water quality certification requirements with the Regional Water Quality Control Board), federal and state Endangered Species Acts (ESAs), California Fish and Game Code, Draft North County Multiple Habitat Conservation Program (MHCP) and the City of Carlsbad Habitat Management Plan (HMP). This report also addresses applicable requirements of the City of Carlsbad Local Coastal Program (LCP) and includes additional or modified text in association with comments received from the City of Carlsbad on the May 22, 2000 version of this report. Specifically, these comments involved: 1) identifying additional mitigation options for upland habitat impacts; 2) -including the results of least Bell's vireo and rare plant surveys completed subsequent to the May 22, 2000 report; and 3) including a recommendation to conduct additional vireo surveys and implement associated' mitigation (if applicable) prior to site grading. INTRODUCTION The Pacific Enterprises property consists of two parcels totaling approximately 17.0 acres in the City of Carlsbad, in northwestern San Diego County, California (Figure 1). The site is located approximately 0.75 mile southwest of McClellan Airport and just south of the Palomar Airport Road/ Aviara Parkway intersection (Figure 2). South of the site is undeveloped, as is land to the east and north (i.e. beyond Palomar Airport Road). The majority of the Pacific Enterprises property is level, with one main drainage traversing the southern portion of the eastern parcel and the --~ ' ' I I I I I 1~ ' ' ·1 'I ·1 I I I' RIVERSIDE COUNTY ORANGE )~AN DIEGO l COUNTY • COUNTY -• ........._ __ / ·-, I • . L ____ _ I NOTTO SCALE PROJECT SITE '":1:1 FALLBR00K !Ah /' Wohlford D_I Ruuvo~ ~.land Ruuvolr UNrreosTAT.s§..-•-· -·-· -■-•-• MEXICO I'~ --------------------..-l....1.--------------------' ·i HUX I Regional Location Map PACIFIC ENTERPRISES Figure 1 I I I i i i ·1 • •• '1 :" ·1 I • - Soale: 1• . Source: USGS 7.5mln Quadrangles; Encinitas, San Luis . .. -... -· ... --.. Project Vicinity Map PACIFIC ENTERPRISES Figure 2 I ~ I I I I !I I I ' I :I I I I I •1 ,J I 150 I HELIX 300 Feet th time of our field ote: nditi• as observed at e ped by visual N • based on site co ons herein was develo . This ~ _JS The infurmation ~ tion. Note that both Site ~vestt~o:d/ar aerial photograph~ ... ma.y change. inspection licable regulatory·-.--conditions and app - J ,._ •• --~ ':-_ ·-2~~~~~~~~ ~~ Job No: SHA-01 Date: 5/22/00 Existing Conditions PACIFIC ENTERPRJSES Figure 3 I I I I I I I I I I I I I I I I 'I I I ■ ■ C: PSPROJECTS\JlRl(C PAR\PARBlol.DWG 1111.2 . lll!.J . II.II X .11.1 .118.2 x~•• 11119.0 . 87..0 1111.1 . ;n.i 1111.7 . .-• Vegetation Resources LEGEND sym plant community Existing FVVM DISTURBED FRESHWATER MARSH 0.15 DSWS SOUTHERN WILLOW SCRUB 0.24 EXO EXOTIC 0.52 DIS DISTRUBED / BARE DIRT 4 .97 DEV DEVELOPED/ PAVED ROAD 0.18 TOTAL AREA (ACRES) 6.06 en w 0 a: :::J 0 CJ) w a: <( z z s;t" a: 0 (0 f2 I 200 FT I #021231 January 6, 2002 100 ) ~ 0 :::i s;t" <( 0 0 I t-C\I 6 -,-LU C\I <( II) CJ ~ (/) z ....I w a: > n.. <( <( 0 BASE: PARTNERS PLANNING AND ENGINEERING NORTH HCALE: -1 • = 1 00' EJ I I I ,I I I I I I I I I I I I I C; PSPROIEC'l'S\IRMC Pi.R\PAR!mp2.Dll'G Project Impacts LEGEND plant community COASTAL & VALLEY FRESHWATER MARSH -DISTURBED SOUTHERN WILLOW SCRUB EXOTIC DISTURBED / BARE DIRT DEVELOPED / PAVED ROAD TOTAL AREA (ACRES} Impacts Existing Proposed 0.15 0.02* 0 .24 0.03* 0 .52 0.33 4.97 4.57 0.18 0.22 6.06 5 .17 * Measured by Planning systems from data provided by previous biological analysls V./7,J PROJECT IMPACTS (not previously assessed} IMPACTS ASSOCIATED WITH PREVIOUS PERMIT APPLICATION (Laurel Tree Road Improvements) ROADWAY WIDENING IMPACTS 0 Pf'lEVlOUS BIOI.OOICAL ANALYSIS HAS ASSESSED THE IMPACTS ASSOCIATID wm-t THE STcAM CROSSING AS SHOWN IN THIS Pl.AN (SEE TEXT OF THIS REPOR't1. IMPACTS ASSOCIATED WIHT THIS PROJECT, BUT NOT PREVIOUSI.Y ASSESSED, ARE THE SUBJECT OF THIS FIGURE. SURVEY NOTE: A FIELD SURVEY1:D IN OECEMBER, 2002 BY PLANNING SYSTEMS FOR VEC3ETA110N RESOURCES. B. BASE MAP BY PARTIIIERS Pl.ANNING AND ENGINEERING #021231 EE 0 l DECEMBER 20, 2002 50 100 200n i ' I NORTH SCALE: -1" = 100' ~ 0 <t: ~ a. z ~ v a: <O f2 I l-0 ::i v c) 0 0 I w C\I 0 ,.... """) N ~ 0 ~ en ..J a: z a: a. a. <{ <{ (.) B I I 1· I I I I .I I I I I I ,1· I I I .I I Appendix C Pre-Construction Notification for Nationwide Permit 39, Pacifica Palomar Improvements Projects, City of Carlsbad, California April 3, 2002 Application for Section 1603 streambed Alteration Agreement for the . Proposed Pacifica Palomar Improvements Project, City of Carlsbad, California April 3, 2002 1·· I I I I I I I I ,. I I I I I· I I I· I 1•JU•J:lt◄ & ASSOCIATES, INC.· Professional 1ea:ms for Complu Projects April 81 2002 Ms. Tamara Spear Engineering, Planning, Environmental Sciences and Management Services California Department of Fish and Game Lake and Streambed Alteration Program 4949 Viewridge Avenue San Diego, California 92123-1662 Corporate Office: 605 Third Street Encinitas, California 92024 760,942,5147 Fax 760.632.0164 3223-01 Subject: Application for Section 1603 Streambed Alteration Agreement for the Proposed Pacifica Palomar Improvements Project/ City of Carlsbad, California Dear t amara, Pacifica Enterprises Island Realty I1 L.P. (Pacifica Enterprises) is submitting this application for a Streambed Alteration Agreement in accordance with Section 1603 of the California Fish and Game Code for the proposed Live Oak Park Road Access Road Improvements Project1 located in the County of San Diego, California. Enclosed1 please find a completed application form and the fee1 as determined from the Fee Schedule1 in the amount of $772.75, PROJECT LOCATION The proposed project site is located just south of the Palomar Airport Road/ Aviara Parkway intersection. The project site is identifi_ed as Assessor1s Parcel Num.ber 212-040-25-00 and is located in an unsectioned piece of land within the U.S. Geological Survey 7.5 minute map, Encinitas quadrangle: Township 12 Southj Range 4 West; longitude 117°17' 54'W and latitude 33 °07' 22"N (Figures 1 and 2). Onsite and Surrounding Land Uses The majority of the Pacific Enterprises property is level, with one main drainage traversing the southern portion of the eastern parcel and the northern portion of the western parcel. The majority of the site is comprised of disturbed habitat, with native vegetation communities (including freshwater marsh1 southern willow scrub, and southern mixed chaparral) existing along the length of the drainage and on the steep slope along the southern boundary of the parcel (City of Carlsbad1 2001). Onsite elevations range from approximately 1· I I I I. I I • I 1· I I I I' I I I I I Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement 100 feet to 160 feet above mean sea level (AMSL). According to Bowman (1973\ two soil types are present on the Pacific Enterprises property: Visalia sandy loam (two to five percent slopes), which occurs in alluvial fans and floodplains, and Diablo clay (15 to 30 percent slopes). The project site is bordered by Palomar Airport Road to the north, Encinas Creek to the south, and undeveloped, disturbed land to the east and west. METHODS A formal delineation of wetlands and waters of the State under the jurisdiction of the California Department of Fish and Game (CDFG), was conducted by Helix Environmental Planning, Inc.(HELIX) biologists W. Lar:ry Sward and Sally Trnka on April 12 and 13, 2000 and was revised by Dudek & Associates, Inc. (DUDEK) biologists Sherri Miller and Tricia Wotipka on November 30, 2001. The CDFG jurisdictional areas were determined primarily on the presence of wetland vegetation where associated with a stream channel. The boundaries of the CDFG jurisdictional wetlands were mapped directly onto a 111 = 100' base topographic map. Please refer to Appendix A for the complete wetlands delineation report prepared by HELIX. RESULTS Waters of the State Approximately 3.15 acres of existing jurisdictional wetlan~s were identified within the project site: 2.3 acres southern willow scrub, 0.3 acre disturbed southern willow scrub, 0.3 acre disturbed wetlands, 0.2 acre freshwater marsh, and 0.05 acre culverted waters of the U.S. Of the 2.3 acres of southern willow scrub, approximately 0.7 acre is under the jurisdiction of the U.S. Army Corps of Engineers (AC.OE) and the CDFG. The remaining 1.6 acres _are under the jurisdiction of the CDFG only. Of the 0.3 acre of disturbed southern willow scrub, 0.06 acre is under the jurisdiction of the ACOE and CDFG. The remaining 0.24 acre is under the jurisdiction of the CDFG only. A general description of each wetland habitat type within the proposed-project area is discussed below. Southern Willow Scrub Holland (1986) describes southern willow scrub as a dense, broad-leafed, winter-deciduous 3223-D1 & ASSOCIATES, INC. Pacifica Palomar Improvements Project Page 2 Pro/culCJfll21 Teall\.J for Con,p/;:x PTOJccts I I I .I I I I I I 1· I ,. I ,, I I I I I Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement riparian thicket dominated by several species of willow, including arroyo willow (Salix lasiolepis), and Goodding's black willow (Salix gooddingii), with scattered Fremont's cottonwood (Populus fremontii) and western sycamore (Platanus racemosa). Willow density typically inhibits the development of an understory. Within. the Pacific Enterprises property, southern willow scrub is dominated by arroyo willow (Salix lasiolepis) and Fremont's cottonwood (Populus fremontii). Disturbed Southern Willow Scrub This plant community consists of southern willow scrub with a substantial invasion of exotic/non-nati_ve plant species, like pampas grass (Cortaderia sel/oana) which generally outcompetes with native vegetation _for resources. Freshwater Marsh According to Holland (1986), coastal and valley freshwater marsh is typically dominated by perennial, emergent monocots which range in height from 12 to-15 feet. This vegetation type occurs along the coast and in coastal valleys near river mouths and around the margins of lakes and springs. Characteristic species include riparian monocots such as cattails (Typha sp.), spike sedge (Eleocharis sp.), rush (Juncus sp.), and umbrella sedge (Cyperus sp.). Onsite, this habitat type is primarily dominated by bulrush (Scirpus sp.) and cattails (Typha sp.). Disturbed Wetlands This habitat type generally contains an assemblage of low-growing, hydrophytic vegetation and is_ typically found within the low~st portion of a stream channel or along the channel banks. Onsite, this habitat type occurs along the upper channel banks of Encinas Creek at the far western property boundary and is dominated by bristly ox-tongue (Picris echioides). Culverte~ Waters of the U.S. This habitat type refers to the area onsite where Encinas Creek passes under Laurel Tree Road (currently a dirt road) and is completely enclosed within an existing box culvert and two 36- inch pipe culverts. Aplil 2002 3223-01 & ASSOCIATES, INC. Pacifica Palomar Improvements Project P.,oJurionm TcaDU for CDmJilcc P,o}e:U Page 3 1· I I ,I I I I I I I ,, I I I I I I I I Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement Project Relation to Regional Planning Efforts The City of Carlsbad Habitat Management Plan (HMP) is a Natural Communities Conservation Planning (NCCP) subarea plan, addressing potential impacts to native species and habitats while at the same time providing mitigation options that satisfy the federal and state Endangered Species Acts (ESAs). The primary objective of the HMP is to identify and maintain a preserve system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMP preserve is a network of large habitat blocks with interconnecting linkages. The Pacific Enterprises property is not located within any City of Carlsbad HMP de.signated Focus Planning Areas (FPAs), or Special Resource Areas. The project site is, however, located immediately north and west of Linkage Area F. This linkage connects Core 6 and ·core 8 FPAs and is-intended to serve primarily as a stepping-stone linkage for birds. The linkage consists mainly of coastal sage scrub and chaparral habitats. The proposed project would not affect linkage Area F. The project site is located within the Mello II Segment of the Carlsbad Local Coastal Program (LCP), with the principal objectives of this plan including protection of coastal waters and associated tributaries. Sensitive Species Surveys and Results -Focused surveys for the federally-listed endangered least Bell's vireo (Yireo be/Iii pusillus) were conducted by Renee Owens between April 12 and June 21, 2000. The surveys were conducted undeir the authority of Federal 10a permit# 799569 and in 'accordance with the current U.S. Fish and Wildlife Service . .permit survey protocol guidelines and req~irements. A recorded tape of least Bell's vireo vocalizations was played briefly every 50 to 100 feet (depending on sound attenuation due to noise disturbances and topography) to aid in auditory detection of targeted bird species. No least Bell}s vireo individuals were detected within the project site; however, a pair of yellow-breasted chats (lcteria virens)J a State Species of Concern1 was detected in the riparian vegetation approximately midway between Laurel Tree Road and the eastern border of the site. Although no least Bell's vireos were observed during focused surveys, if project grading activities are not completed outside of the breeding season, the project applicant will c·onsult with the United States Fish and Wildlife Service to determine whether additional surveys or mitigation are needed. , April2002 3223-01 & ASSOCU~.TES, INC. Pacifica Palomar Improvements Project Page 4 ?ra/wimu:l Tcam..r far Con1J,ler Projtas I I I I I ·I I . ,. I I I I I I ., I I I I Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement Surveys for the federally-listed endangered southwestern willow flycatcher (Empidonax trailli extimus) were conducted concurrently with surveys for the least Bell's vireo, and no southwestern willow flycatchers were observed onsite. No sensitive plant species were observed onsite during the botanical survey, although a total of 17 sensitive species were determined to have the potential to occur (please see Appendix B). These species include one federally-and state-listed endangered species (Orcutt' s spineflower [Chorizanthe orcuttiana]\ and two federally-listed threatened and state-listed endangered species (thread-leaved brodiaea [Brodiaea filifolia] and San Diego thommint [Acanthomintha ilicifolia]) . HELIX biologist Sally Trnka conducted surveys for these species within the Pacific Enterprises property on May 26, 2000. No rare plants were detected during the survey and because of the intensely disturbed state of the project site and the dense canopy of the riparian vegetation, no rare plants are likely to appear onsite. Wildlife Corridors Wildlife corridors can be described as linear features that connect large patches of natural open space and provide avenues for dispersal or migration of animals, as well as dispersal of plants (e.g., via wildlife vectors). The project study area is located along Encinas Creek. Riparian corridors are typically used.by wildlife as movement corridors and this drainage links inland areas within the City of Carlsbad with the Pacific Ocean, located approximately 1.5 miles west of the study area. PROJECT DESCRIPTION AND IMPACT ANALYSIS Pacifica Enterprises proposes to construct a 120,000 square foot, three story1 office building with 385 surface and 104 underground parking spaces on approximately 16 acres in the City of Car1sbad1 California. Improvements to the existing Laurel Tree Road1 a public road, will be implemented and will consist of the installation of a 140' X 65' triple box culvert; the extension of drainage faciliti~s from Palomar Airport Road to proposed detention basins; frontage improvements on Palomar Airport Road; and the installation of a storm water detention basin along the southern edge of the proposed office building (see Figures 4 and 5). 3223-01 Page 5 I I I I ·1 I I I I I I I I I I I I I I Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement In addition, a 50-foot buffer is proposed to extend from the existing riparian habitat to the southern edge of the proposed commercial development. The buffer area, which is currently comprised of non-native weedy species1 will be revegetated with a native vegetation mix that will serve to filter runoff and prevent exotic plant species from entering Encinas Creek. As mentioned previously, the applicant will be responsible for installing and maintaining a storm water detention basin within the project site. The stormwater detention basins will be installed within a portion of the buffer area to control pollutant discharge in accordance with National Pollutant Discharge Elimination System (NPDES) best management practices and will be designed to collect and filter urban water runoff from Palomar Airport Road and the project site before emptying into Encinas Creek (Figure 4). The applicant also proposes to install a citywide trail segment along the southern edge of the development (between the office building and the detention basin). Please note that the construction of the trail and the stormwater detention basin will not result in additional impacts to jurisdictional wetlands. TABLE 1 PROPOSED IMPACTS BY IMPACT AREA AND HABITAT/DRAINAGE TYPE r • · ., . , -. .' ·;1w:lv'~.f1 : ,_ ~~~~--,;-~~,r--------=,i L:.Jfil@~:tl.1lli.~imm},n1~rm;]B -~ Southern Willow Scrub Permanent• 0.08 Temporary-0.09 Disturbed Southern Willow Scrub Permanent· 0.03 Temporary-o.o, Freshwater Marsh '. Permanent -0.04 Temporary-0.02 Culverted Waters of the U.S. Permanent• 0.05 Temporary-... Permanent Jurisdictional Impacts 0.2 Temporary Jurisdictional Impacts 0.12 1 Column may not total precisely due to rounding error 3223-01 Page 6 ,. I I I ·1 I I ,, I I I I ,. I I I I I I Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement Implementation of the proposed project will permanently impact approximately 0.08 acre of southern willow scrub, 0.03 acre of disturbed southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S. Temporary impacts to 0.09 acre of southern willow scrub, 0.01 acre of disturbed southern willow scrub and 0.02 acre of freshwater marsh will also be incurred due to the installation of energy dissipaters at storm drain outlets (Figure 4). MITIGATION PLAN Avoidance and minimization are the first steps in mitigation and have been an integral part of the planning efforts for this project. Of the 3.15 acres of jurisdictional waters and wetlands onsite, 2.83 acres are being avoided and will be preserved onsite along Encinas Creek (see Table 2). However, permanent impacts to 0.08 acre of southern willow scrub, 0.03 acre of disturbed southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S., t0taling 0.2 acre, are unavoidable due to the improvements required at the existing Laurel Tree Road crossing of Encinas Creek. TABLE2 ACREAGE IMPACTS TO JURISDICTIONAL AREAS FOR THE PROPOSED PROJECT ~ ' --~--:·-· ---··--, -~-· ~ .· ,-·~::, -,, ~-~-~~1 • -~mr1H, mITf:Jril'l:',i , , ~••· • lW1Iifillilrnfil "vl~ > 1 + \ ""' ._~ ."' • • -_J ~ ' sf :, •t , I t ~ O•"w • ,,,.. !'I , . itµ ~:~1-·1,;ttt':l;t'1 , ,t-J rh 101·' ; i ·~ ·~i~·1f ,~ . ·-f r,::: ; .. •i,::' ,.":;M"f.To. '?, ' , .• ~.!l-J. -~. ', ,.J]L ',: J 'ffi1,!::E1\ .. 'iu.Ji.1.mIJ~, -t· F½i ''t·:··/ ;1• • • ,•' ··, J;\~t!f1l ·,_'·: , \~1R:t1i • ·: . . , ~ i_';,, i-.,,:,j ~-~---,:..l-~---~·~---.........,.._,.,....,. ___ ..,..,.,,,:i,..:...;,_,..1 ____ ,:_~.;..~!l Southern willow scrub 2.3 0.08 0.09 2.13 Disturbed Southern Witlow Scrub 0.3 0.03 0.01 0.26 Freshwater Marsh 0.2 0.04 0.02 0.14 Disturbed Wetlands 0.3 ... ... 0.3 Culverted Waters of the U.S. 0.05 0.05 . .. . .. TOTAL 3.15 0.2 0.12 2.83 Proposed mitigation for permanent impacts to 0.2 acre of jurisdictional wetlands will include the creation and enhancement of 0.4 acre of wetlands at a ratio of 3:1 (1:1 creation, 2:1 enhancement) for southern willow scrub and disturbed southern willow scrub and 1:1 for freshwater marsh. Impacts to culverted waters of the U.S. will be mitigated through the replacement of the existing culverts with a triple box culvert. The mitigation program will 3223-01 Page 7 I I I I I I I I I I I I I I I I I I I Ms. Tamara Spear Re: Application for Section 1603 Streambed Alteration Agreement create approximately 0.1 acre of southern willow scrub and 0.04 acre of freshwater marsh and will enhance approximately 0.2 acre of southern willow scrub. The mitigation program will occur primarily along the far eastern property boundary within extensive disturbed habitat and within disturbed patches of southern willow scrub along Encinas Creek. Temporary impacts to 0.09 acre of southern willow scrub, 0.01 acre of disturbed southern willow scrub, and 0.02 acre of freshwater marsh will be restored to pre-construction contours and revegetated with native vegetation. Pacific Enterprises Island Realty 1, LP. hopes that the California Department of Fish and Game deems _this application for a Section 1603 Streambed Alteration Agreement to be complete. If you have any questions or require further information regarding the project, please call me at (760) 942-5147. Very truly yours, • DUDEK & ASSOCIATES, INC. Tricia 1. W otipka Biologist/Environmental Specialist I TLW/alc cc: Ali Shapour.i, Shapouri & Associates Van Lynch, City of Carlsbad att: Figures 1-5 Appendices A-B Copy of NWP 3 9 letter Copy of Section 401 letter Copy of Coastal Development Permit }/litigated Negative Declaration April 2002 .............. , &ASSOCIATES, INC. Pacifica Palomar Improvements Project Pro/ru1muzl Teem, for Cnn1Jil= ProJecu 3223-01 Page B I I NOTIFICATION OF LAKE OR STREAMBED AL TERA TION (See attachmentlenclosurefor instructions) Applicant Information I I I I I I I I I ,, 1 1 Name /Address //Telephone Number / EJr=P=ac=ifi=c=a=E=nt=e=rp=ri=se=s=Is=lan=d=R=e=al=ty=I=, ,:============~~'.J::5=s=u=s::;:m=e=s=s:=(=85=8=)=7=55=-=02=1=6=!i 12780 High Bluff Drive, Ste, 160 I L.P. San Diego, CA 92130 Rax: EJI I Shapouri &Associates Husmess: (858) 756-8340 Operator Ali Shapoun_· P.O. Box 676221 Rancho Santa Fe, CA 92067 . Rax: (858) 756-8344 Dudek & Associates, Inc. vontact Person i I (if not Tricia Wotipka 605 Third Street applicant) _ Encinitas, CA 92024 Property Owner: Project Information /Business: (760) 942-5147 Fax: (760) 632-8710 /county ltASsessor s .t'arcel IN'umber /section I/Range I/Township /usGS-Map San Diego I 212-040-25..:00 --/I 4W /I 12 South I Encinitas !Name or .Klver, I Encinas Creek Stream, or Lake: llributary To'! / Empties directly into Pacific Ocean I.Proposed Project Cost Number of Stream Proposed Start Completio.IJ (see ioetween $25,000 Encroachments Date: instructions; and $500,000 (Timber Harvest --Date: Plans-Onlv): Attachments/Enclosures 'Please attach or enclose .. the following documents listed below and check the boxes of the documents.attached or enclosed. • • Project Description (below) Map showing the location of the project, including distances D Construction plans pertaining to the project l I ll>Iease attach or enclose the following documents listed below, if applicable, and check the boxes of the documents 9attached or enclosed. Completed CEQA U Envrronmental Impact Report Negative Declaration aocuments: 181 Mitigated Negative Declaration D Notice of Exemption Copies of all applicable 8,1Local. Describe: City of Carlsbad Coastal Development Permit ocal, State, or federal pstate. Describe: I bermits, agreements, or other uthorizations: fgJ /Cfederal. Describe: ) I ame of Applicant: __ P_a_c_ifi_1c_a _En_t_erp..__ris_e_s_Is_lan_d_R_ea_lty ___ I, __ L_.P_. __________ _ I Project Description I I Please describe your project or activity in detail below and, if necessary, on separate attached pages. I I I ,, I I I Please see attached letter. ~ Continued on separate page(s) I hereby certify that all information contained in this notification is true and correct and that I am authorized to sign I this document. I understand that in the event this information isfqund to be untrue or incorrect, I may be subject to civil or criminal prosecution and the Department may consider this notification to be incomplete andlor cancel any Lake or Streambed Alteration Agreement issuedpursuant to this notification. I understand that this notification is I valid only/or the project described herein and that I may be subject to civil or criminal prosecutionfor undertaking a project that differsftom the one described herein, unless I have notified the Department of that project in accordance with section 1601 or 1603 of the Fish and Game Code. 11 understand that a Department representative may, need to inspect the property where the project described herein will take place before issuing a Lake or Streambed Alteration Agreement pursuant to this notification. In the event the Department determines that a site inspection is necessary, I hereby authorize the Department to enter the ■;roperty where the project described herein will take place to inspect the pro perry at any reasonable time and .-certyy that I am authorized to grant the Department permission to access the property. ~I request the Department to first contact me at (insert telephone number) Tricia Wotipka at (760) 942-5147 to schedule a date and time to enter the propertj; where the project described herein will take place and understand 'hat this may delay the Department's evaluation of the project ~escribed herein. I ~ \t'ht'~ Operator or cf i,eiator1s Representative Date J R'or Department Use Only Date Received: '.Fees Yes$ 'lotification No.: enclosed? -No - I kotiiication Complete? res. )-day No. Notification materials and application letter sent on -fee returned on (date): (date): f otes: .. I I I I I I I I I I I I I I I I I I I Project Questionnaire Page I of2 CALIFORNIA TH.E GOLDEN STATE CALIFORNIA HOMEPAGE DEPARTMENT OF FISH AND GAME Lake and Streambed Alteration Program Project Questionnaire Please complete the following questionnaire and submit it with your notification package to expedite the Department's review of your proposed project or activity. Please attach or enclose any additional information or documents that su12oort or relate to vour resoonse. Maybe/ ro/ Please explain if you IYes responded "yes" or Uncertain "maybe/uncertain" 1. Will the project or act1v1ty mvolve work on the c=J□ Riprap, culverts and improvements to bank of a river, stream, or lake? X Laurel Tree Road 12. il you answered "yes" to #1, will the project or activity involve any of the following: ja. Removal or any vegetat10n? 1/~I I 0.08 ac SWS, 0.03 ac c!SWS, 0.04 ac FWM, & 0.05 ac culvert /6. Excavat10n or tlie 6ank? IIKJI I for culverts /c. Placement or piers'? 11:JI l[K] d. Placement ot bankprotect10n or stabillzat1on □DD structures or materials ( e.g., gabions, rip-rap, concrete slurry/sacks)? Riprap at storm.drain outlets IJ. Will the proJect or act1v1g take place 111, DOU I adjacent to, or near a river t at has been liesignated as "wild and scenic" under state or federal law? 4. Will the project or act1v1ty mvolve work m the [Jc=J[ll I lbed or channel of a river, stream, or lake? During culvert replacementt 15. Will the project or act1v.1ty mvolve the w=JD 1Placement of any permanent or temporary Dewatering pump or diversion structure· in a river, stream, or lake? pipe ). Will the proJect mvolve the use of material tram □CJGJ a stream bed? 7. Wil1 the project or activity result m the disposal □DD Replacement of existing culvert or deposition of-debris, waste, or other material in with a triple box culvert a riyer, stream, or lake? x a. lfyou answered "yes" to ·tn, descnbethe· I I tmaterial that will be disposed of or deposited in +he river stream, or, lake: clean, fill dirt 8. Will any type at equipment be used ma nver, [JCJ□ stream, or lake? a l! you answered ''yes" to 'fflS, ctescnbe me type I I of equipment that will be used: • backhoes, excavators Y. Does the project or ac_t1v1ty area !load or GJc=J□ Encinas Creek is a perennial tributary tperiodically become inundated with water? to Pacific Ocean l 1J. Will water need to be diverted .tram a nver, [JCJ□ Temporarily during culvert stream, or lake for the project or activity? replacement l l. l! you answered yes to ff l u, please answer h1tn://www.dfa.ca.12:ov/wahcb/projques.htmI 5/13/99 I I I I I I I I I I I I I I I I I I 'Project Questionnaire l th fill • e o owmg: r Page2of2 a. Will this be a temporary diversion? Only during construction X b. Will water quality be affected by the deposition x1 of silt, an increase in water temperature, a change in the pH level, or in some other way? c. Wlll the water be d1verted by means of a dam, GJ reservoir, or other water impoundment structure? 12. Will the project or act1v1ty be done pursuant to GJI a water right application or permit? 13. Has a wildlite assessment or study been completed for the area where or near where the !Project or activity will talce place? (If "yeS'-please A Biological Survey Report was attach or enclose a copy of the assessment or prepared by Helix dated study.) X November 27, 2001 114. May the project or act1v1ty anect tish, GJ~□ amphibians, insects, or other aquatic resources? Temporarily during construction 15. May the proJect or act1v1ty arrect terrestrial GJCJ□ wildlife? Temporarily during construction 16. Are any endangered or rare plant species □DD ~hought or known to occur in the area where the San Diego thommint, thread-leaved broposed project or activity will talce place? brodiaea 17. Are any endangered or threatened fish, brrd, or □□□ animal species thought or lmown to occur in the ~ea where the proposed project or activity will !take place? x least Bell's vireo 118. Have you contacted. any other loca1, -State, or [J/ /0, federal agency regarding the project or activity? a. lt you answered. "yes to ff l ~, please 11st the Regional Water Quality Control Board, U.S. Anny Corps of !names of the agencies you have contacted: Engineers, City of Carlsbad 119. Have you applled tor or obtamed any permit, rr=JDI agreement, or other authorization for your project or activity from any government agency? 'If you answered "ye~" to# lY, please 11st the Section 401 Water Quality Certification, NWP 39, names or describe the permit, agreement, or Coastal Development Permit authorization you have applied for or obtained: (approved on November 6, 2001) . LU. Have any envrronmental ctocuments perta1mng GJc=J□ to your project or activity been prepared? x a. u you answered "yes" to #20, please list the / /environmental documents that have been prepared: ~ Mitigated Negative Declaration I hereby certify that all information contained in this notification is true and correct and that I am authorized to sign this document. I understand that in the event this information is found to be untrue or incorrect, I may be subject to civil or criminal prosecution and the Department may consider this notification to be incomplete and/or cancel any Lake or Streambed Alteration Agreement issued pursuant to this notification. Date I ·httn·//v,,1ww rifer r.R onv/wRhr.h/nrnirme.c;.ht:llT I I I I I I I I I I I I I I I I I I I I I I I I 111U•>lt◄ & ASSOCIATES, INC. Profustonal 1!:ams for Complu Pro1ects April 3, 2002 Mr. Rob Lawrence Engineering, Planning, Environmental Sciences and Management Services U.S. Army Corps of Engineers 16885 West Bernardo Drive, Suite 300-A San Diego, CA 92127 Corporate Office: 605 Third Street Encinitas, California 92024 760,942.5147 Fax 760.632.0164 3223-01 Subject: Pre-Construction Notification for Nationwide Permit 39, Pacifica Palomar Improvements Project, City of Carlsbad, California Dear Rob, Pacifica Enterprises Island Realty 1, LP. (Pacifica Enterprises) is submitting this request for a Pre-Con~truction Notification for the proposed Pacifica Palomar Improvements Project in conformity with the U.S. Army Corps of Engineers (ACOE), and in accordance with Section 404 of the federal Clean Water Act. PROJECT LOCATION The proposed project site is located just south of the Palomar Airport Road/ Aviara Parkway intersection. The project-site is identified as Assessor's Parcel Number 212-040-25-00 and is located in an unsectioned piece of land within the U.S. Geological Survey 7.5 minute map, Encinitas quadrangle: Township 12 South; Range 4 West; longitude 117°17' 54"W and latitude 33°07' 22"N (Figures 1 and 2). Onsite and Surr..ounding Land Uses ,. The majority of the Pacific EnterpriseS'property is level, with one main drainage traversing the southern portion of the eastern parcel and the northern portion of the western parcel. The majority of the site is comprised of disturbed habitat,. with native vegetation communities (including freshwater marsh, southern willow scrub, and southern mixed chaparral) existing along the length of the drain~ge and on the steep slope along the southern boundary of the parcel (City of Carlsbad, 2001). Onsite ele~ations range from approximately 100 feet to 160 feet above mean sea level (AMSL). According to Bowman (1973), two soil types are present on the Pacific Enterprises property: Visalia sandy loam (two to five percent slopes), which occurs in alluvial fans and floodplains, and Diablo clay (15 to 30 percent slopes). I I I I I I I I I I I I I I I I I I I Mr. Rob Lawrence Re: Pre-Construction Notification for Nationwide Permit 39 The project site is bordered by Palomar Airport Road to the north, Encinas Creek to the south, and undeveloped, disturbed land to the east and west. METHODS A formal delineation of "waters of the United States"; including wetlands, under the jurisdiction of the ACOE, was conducted by Helix Environmental Planning1 Inc.(HELIX) biologists W. Larry Sward and Sally Trnka on April 12 and 131 2000 and was updated by Dudek & Associates, Inc. (DUDEK) biologists Sherri Miller and Tricia·Wotipka on November 30, 2001. Wetlands were delineated in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1) and the boun~aries of the jurisdictional waters and wetlands were mapped directly onto a 1"= 100' base topographic map. Potential ACOE jurisdictional areas were investigated for evidence· of vegetation, hydrology and soils. Please refer to Appendix A for the complete wetlands delineation report prepared by HELIX. RESULTS Waters of the U.S. Approximately 1.01 acres of existing jurisdictional waters of the U.S., including wetlands1 were identified within the project site: 0.7 acre southern willow scrub, 0.06 acre disturbed southern willow scrub, 0.2 acre freshwater marsh and 0.05 acre culverted waters of the U.S. A general description of each wetland habitat type within--the proposed project area is discussed below. Southern Willow Scrub Holland ·(1986) describes southern willow scrub as a dense, broad-leafed, winter-deciduous riparian thick~t dominated by several species of willow, including arroyo willow (Salix lasiolepis), and G~odding's black willow (Salix gooddingii), with scattered Fremont's cottonwood (Populus fremontii) and western sycamore-(Platanus racemosa). Willow density typically inhibits the development of an understory. Within the Pacific Enterprises property, southern willow scrub is dominated by arroyo willow April2002 3223-01 &ASSOCIATES, INC. Pacifica Palomar Improvements Project Page 2 'Pro/u=nal T,onu for Comp!=: Pro/ccr, I I I I I I I I I I I I I I I I I I I Mr. Rob Lawrence Re: Pre-Construction Notifi.cation for Nationwide Permit 39 (Salix lasiolepis) and Fremont's cottonwood (Populus fremontii). Disturbed Southern Willow Scrub This plant community consists of southern willow scrub with a sub"stantial invasion of exotic/non-native plant species, like pampas grass (Cortaderia selloana) which generally outcompetes with native vegetation for resources. Freshwater Marsh According to Holland (1986), coastal and valley freshwater marsh is typically dominated by perennial, emergent monocots which range in height from 12 to 15 feet. Thi~ vegetation type occurs along the coast and in coastal valleys near river mouths and around the margins of lakes and springs. Characteristic species include riparian monocots such as cattails (Typha sp.), spike sedge (Eleocharis sp.), rush (Juncus sp.), and umbrella sedge (Cyperus sp.). Onsite, this habitat type is primarily dominated by bulrush (Scirpus sp.) and cattails (Typha sp.). Culverted Waters of the U.S. This habitat type refers to the area onsite where Encinas Creek passes under Laurel Tree Road (currently a dirt road) and is completely enclosed within an existing box culvert and two 36- inch pipe culverts. Wildlife Corridors Wildlife corridors can be described as linear features that connect large patches of natural open space and provide avenues for dispersal or migration of animals, as well as dispersal of plants (e.g., via wildlife vectors). The pi;oject study area is located along Encinas Creek. Riparian corridors are typically used by wildlife as movement corridors and this drainage links inland areas within the City of Carlsbad with the Pacific Ocean, located approximately 1.5 miles west of the study area. Project Relation to Regional Planning Efforts The City of Carlsbad Habitat Management Plan (HMP) is a Natural Communities Conservation Planning (NCCP) subarea plan, addressing potential impacts to native species Aprtl2002 & ASSOCIATES, INC. Pacifica Palomar Improvements Project l'ro/wlanal r..,., for Comi,J.z Pn,/,i:u 3223-01 Page 3 I I I I I I I I I I I I I I I I I I I Mr. Rob Lawrence Re: Pre-Construction Notification for Nationwide Permit 39 and habitats while at the same time providing mitigation options that satisfy the federal and state Endangered Species Acts (ESAs). The primary objective of the HMJ? is to identify and maintain a preserve system that allows for the sustained existence of animals and plants at both the local and regional levels. The HMJ? preserve is a network of large habitat blocks with interconnecting linkages. The Pacific Enterprises property is not located within any City of Carlsbad° HMP designated Focus Planning Areas (FPAs), or Special Resource Areas. The project site is located immediately north and west of Linkage Area F. This linkage connects Core 6 and Core 8 FPAs and is intended to serve primarily as a stepping-stone linkage for birds. The linkage consists mainly of coastal sage scrub and chaparral habitats. The proposed project would not affect linkage Area F. The project site is located within the Mello II Segment of the Carlsbad Local Coastal Program (lCP), with the principal objectives of this plan including protection of coastal waters and associated tributaries. Sensitive Species Surveys and Results Focused surveys for the federally-listed endangered least Bell's vireo (Vireo be!!ii pusillus) were conducted by Renee Owens between April 12 and June 21, 2000. The surveys were conducted under the authority of Federal 10a permit# 799569 and in accordance with the current U.S. Fish and Wildlife Service permit survey protocol guidelines and requirements. A record~d tape of least Bell's vireo vocalizations was playf:~ briefly every 50 to 100 feet (depending on sound attenuation due to noise disturbances and topography) to aid in auditory detection of targeted bird species. No least Bell's vireo individuals were detected within the project site; however, a pair of yellow-breasted chats (lcteria virens), a State Species of Concern, was detected in the riparian vegetation .. approximately midway betwe_en laurel Tree Road and the eastern border of the site. Although no least Bell's vireos were observed during focused surveys, if project grading activities are not completed outside of the breeding season, the project applicant will consult with the United States Fish and Wildlife Service to determine whether additional surveys or mitigation are needed. Surveys for the federally-listed endangered southwestern willow flycatcher (Empidonax trai!li extimus) were conducted concurrently with surveys for the least Bell's vireo, and no southwestern willow flycatchers were observed onsite. IIJUt)IS _Ap_n12_00_2==================3;;;;;;22;;;;;;3._01 & ASSOCL-\.TES, lNC. Pacifica Palomar Improvements Project Page 4 l'ro/cllffn41 T,..., far c..,,1,r..: Pro/"" I I I I I I I I -I I I I I I I I I I I Mr. Rob Lawrence Re:-Pre-Construction Notification for Nationwide Permt"t 39 No sensitive plant species were observed onsite during the botanical survey, although a total of 17 sensitive species were determined to have the potential to occur (please see Appendix B). These species include one federally-and state-listed endangered species (Orcutt's spineflower [Chorizanthe orcuttiana]), and two federally-listed threatened and state-listed endangered species (thread-leaved brodiaea [Brodiaea filifolia] and San Diego thornmint [Acanthomintha ilicifolia]). HELIX biologist Sally Trnka conducted surveys for these species within the Pacific Enterprises property on May 26, 2000. No rare plants were detected during the survey and because of the intensely disturbed state of the project site and the dense canopy of the riparian vegetation, no rare plants are likely to appear onsite. PROJECT DESCRIPTION AND IMPACT ANALYSIS Pacifica Enterprises proposes to construct a 120,000 square foot, three story, office building with 385 surface and 104 underground parking spaces on approximately 16 acres in the City of Carlsbad, California. Improvements to the existing Laurel Tree Road, a public road, will be implemented and will consist of the installation of a 140' X 65' triple box culverti the extension of drainage facilities from Palomar Airport Road to proposed detention basinsi frontage improvements on Palomar Airport Roadi and the installation of a storm water detention basin along the southern edge of the proposed office building (see Figures 4 and 5). In addition, a 50-foot buffer is proposed to extend from the existing riparian habitat to the southern edge of the proposed commercial development. The_buffer area, which is currently comprised of non-native weedy species, will be revegetated with a native vegetation mix that will serve to fil~f;r runoff and prevent exotic plant species from entering Encinas Creek. As mentioned previously, the applicant will be responsible for installing and maintaining a storm water detention basin within the project site. The stormwater detention basins will be installed within a portion of the buffer area to control pollutant discharge in accordance with National Pollutant Discharge Elimination System (NPDES) best management practices and will be designed to collect and filter urban water runoff from Palomar Airport Road and the project site before emptying into Encinas Creek (Figure 4). The applicant also proposes to install a citywide trail segment along the southern edge of the development (between the office building and the detention basin). Please note that the construction of the trail and the stormwater detention basin will not result in additional JmJ•lifi _Ap-ril 2_00_2 =================;;;;;;;3;;;;;;;22=3-01 & ASSOCB .. TES, INC. Pacifica Palomar Improvements Project Page 5 ProicuionaJ Tc:AnU for Complcc Projc:cu I I I I I I I I I I I I I I I I I I I Mr. Rob Lawrence Re: Pre-Construction Notification for Nationwide Permit 39 impacts to jurisdictional wetlands. Implementation of the proposed project will permanently impact approximately 0.02 acre of southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S. Temporary impacts to 0.02 acre of freshwater marsh and 0.01 acre of southern willow scrub will also be incurred due to the installation of energy dissipators at storm drain outlets (Figure 4). TABLE 1 PROPOSED IMPACTS BY IMPACT AREA AND HABITAT/DRAINAGE TYPE t --~---•--.·---· .. " --·--·-••4•~-----· .... 1r-•• ., •• , -· ,--._,,-·-1 , _ • ·._ • • • •• . ,~1trnm~'j --. l L '"Tll f!m me 11lliiliffi'~,·-; Southern Willow Scrub Permanent· 0.02 Temporary-0.01 Freshwater Marsh Permanent• 0.04 Temporary-0.02 Culverted Waters of the U.S. Permanent· 0.05 Temporary-- Permanent Jurisdictional Impacts 0.11 Temporary Jurisdictional Impacts O.OJ 1Column may not total precisely due to rounding error MITIGATION PLAN Avoidance and minimization are the first steps in mitigation and have been an integral part of the planning efforts for this project. Of the 1.01 acres of jurisdictional waters and wetlands onsite, 0.87 acre are being avoided and will be preserved onsite along Encinas Creek (see Table 2). However, permanent impacts to 0.02 acre of southern willow scrub, 0.04 acre of freshwater marsh, and 0.05 acre of culverted waters of the U.S. are unavoidable due to the improvements required at the existing Laurel Tree Road crossing of Encinas Creek. ~r!iii~~~~ April2002 ;;;;;;;;;====================;; 3223-01 Pacifica Palomar Improvements Project Page 6 I I I I I I I I I I I I I I I I I I I 1H r. Rob Lawrence Re: Pre-Construction Notification for Naiionwide Permit 3 9 TABLE2 ACREAGE IMPACTS TO JURISDICTIONAL AREAS FOR THE PROPOSED PROJECT Disturbed Southern Willow Scrub 0.06 Freshwater Marsh 0.2 0.04 0.02 Culverted Waters of the U.S. 0.05 0.05 TOTAL 1.01 0.11 0.03 0.06 0.14 0.87 Proposed mitigation for permanent impacts to 0.02 acre of southern willow scrub and 0.04 acre of freshwater marsh will include the onsite creation and enhancement of 0.1 acre of jurisdictional wetlands at a ratio of 3:1 for southern willow scrub (1:1 creation. 2:1 enhancement) and 1:1 for freshwater marsh habitat. The mitigation program will occur along che far eastern property boundary within extensive disturbed habitat. Temporary impacts to 0.01 acre of southern willow scrub and 0.02 acre of freshwater marsh will be restored to pre-construction contours and revegetated with native vegetation. If you have any questions or require further information regarding this project1 please do not hesitace to call me at (760) 942-5147. Very truly yours, DUDEK & ASSOCIATES, INC. "::-1 ~ • • . ' j I \ • ' i QJW,;1,Jv • Vv<¥'°--' Tricia L. Wotipka Biologist/Environmental Specialist I c.'irt: Ali Shapoun; Shapouri & Associates I ·an L.l'nch, City of Carlsbad Figures 1-5 Appendices A-B Capy of Section 1603 Letter Copy of Section 401 Letter Copy of Coastal Development Permit Mitigated Negative Declaration