HomeMy WebLinkAboutCDP 98-32; Kevin Sturdy Lot 20; Coastal Development Permit (CDP) (14)Merkel & Associates, Inc.
5434 Ruffin Road, San Diego.CA 92123
Tel: 858/560-5465 • Fax: 858/560-7779
e-mail: associates@merkelinc.com
December 2, 2002
M&A # 02-003-01
Ms. Ann Hysong ;
City of Carlsbad
1635 Faraday Ave.
Carlsbad, CA 92008-7314
Re: Proposal to Implement the Batiquitos Slope Enhancement at the
Hernandez Property in Carlsbad, CA
Dear Ms. Hysong
Merkel & Associates, Inc. (M&A) has been providing restoration, monitoring, and maintenance services
for the Batiquitos Slope Enhancement project located in lots 20 (Hernandez residence) and 21 (Pellegrino
residence) at Navigator Circle in the City of Carlsbad for the past nine months. Restoration materials
were installed according to M&A's original proposal to provide these services dated January 10, 2001.
As of March 15, plants, seed, and irrigation have been installed, and the enhancement site has been
maintained to ensure it achieves success criteria set forth in the original proposal.
The disturbed area requiring restoration lies on two properties at the top of the northern slope adjacent to
Batiquitos Lagoon. The area of cleared vegetation also spills south into an area designated as Lot 181
Open Space Easement located on the northernmost boundary of Batiquitos Lagoon. Mr. Hernandez was
required to enhance disturbed habitat located on both properties in order to occupy his newly constructed
home.
During a recent maintenance visit to the site, our revegetation crew was approached by E.J. and Carol
Pellegrino of lot 21, and told to cease maintenance activities on the Pellegrino portion of the restoration
area. Additionally it was discovered that the irrigation system covering this area had been shut off, and a
small fence (24") had been installed with a no trespassing sign in place.
I personally visited the site on October 28, 2002 to determine the vegetation's general health and
approach the Pellegrinos regarding their portion of the enhancement area. The Pellegrinos explained that
the irrigation was shut off due to erosion concerns on the slope. While several small rivulets are present,
it is not believed that an undue amount of erosion has occurred which could threaten the integrity of the
slope or promote siltation into Batiquitos Lagoon. They also explained that the fence had been installed
to contain their dogs and would prefer that we not maintain revegetaion materials located within this
fence. Finally, they were adamant about preserving their view of the coast and Batiquitos Lagoon and
intended to trim native restoration materials, if required.
My primary concern is for successful habitat establishment of the disturbed site. Consequently, if
successful creation of habitat does not occur, our client, Mr. Hernandez, will be responsible for any
further corrective action required to promote establishment. I am concerned that if the Pellegrinos
continue to interfere with the enhancement, Mr. Hernandez will ultimately be liable for their actions.
In order to continue to provide services for this project, I would like to know if Mr. Hernandez will be
further responsible in providing monitoring and maintenance services for restored areas falling within the
Mr. Hernandez M&A# 02-003-01
December 2, 2002
Pellegrino's property. Additionally, who will ultimately be responsible for impacts to restored and native
vegetation located within the Pellegrino property?
Any solutions you can provide to help alleviate this matter would be greatly appreciated. If you have any
questions, please contact me at (858) 560-5465.
Sincerely,
Adam H. Behle
Project Biologist
attached: photos
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