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HomeMy WebLinkAboutCT 02-14; Bressi Ranch Residential; Tentative Map (CT) (25)Sep-16-02 12:29; 858 5710332 Sent By:-LENNAR COMMUNITIES; 17609188868; SEP-16-2002 09:51 3D UflTER QUALITY CTRL BRD ©California Regional Water Quality Control Board San Diego Region Page Winston fLHkkax Sttretaryfor Envinmnitnial Protection Interact Address: hOp:^www.swrcb.ca.gov/-rwqcb9/ 9771 Churemont Mesa Boutevtrd, Suite A, S»n Diego, Ctlifomia 92124-1324 Phone (858) 467-2952 • FAX (858) 571-6972 Action on Request for Clean Water Act section 401 Water Quality Certification for Discharge of Dredged and/or Fill Materials Cray Da vis Governor PROJECT: APPLICANT: Bressi Ranch Project (FiIeNo.02C-012) Lcnnar Homes, LLC Attn. Kristine Zortman 5780 Fleet Street. Suite 320 Carlsbad, CA. 92008 ACTION: 1. • Order Rescinding Technically-Conditioned Certification of August 2,2002 2. • Order for Technically-Conditioned Certification 3. O Order for Denial of Certification This Order supercedes the Technically-Conditioned Certification issued for the Bressi Ranch Project dated August 2,2002. STANDARD CONDITIONS: The following three standard conditions apply to all certification actions, except as noted under Condition 3 for denials (Action 3). 1. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the California Water Code and section 3867 of Title 23 of the California Code of Regulations (23 CCR). 2. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. California Environmental Protection Agency RtcyHtd Paper Sent By:• LENNAR COMMUNITIES; 17609188868; Sep-16-02 12:30;"~~~'""~~Page"3" ^r.1^!.???^ 09'52 SD UlftTER QUflLITV CTRL BRD 858 571Ui5ii I Lennar Homes. liC September 16,2002 -2- 3. The validity of any non-denial certification action (Actions 1 and 2) shall be conditioned upon total payment of the full fee required under 23 CCR section 3833, unless otherwise stated in writing by the certifying agency. Sent By:' LENNAR COMMUNITIES; 17609188868; " Sep-16-0^12^30; ' Tage 4 SEP-16-2002 09:52 SD UWTER QUflLITY CTRL BRD 858 SYieJASi I-.KU^W? Ms. Kristine Zortman 3 File No. 02C-012 Lennar Homes, LLC September 16,2002 ADDITIONAL CONDITIONS: The following additional conditions shall apply to this project: 1. Applicant shall, at all times, fully comply with the engineering plans, specifications and technical reports submitted with this application for 401 Water Quality Certification and Waste Discharge Requirements and all subsequent submittals required as part of this certification. 2. Applicant shall comply with the requirements of State Water Resources Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Permit for Storm Water Discharges Associated with Construction Activity. 3. Applicant shall notify the Regional Board in writing at least 10 days prior to actual start dates for grading, mitigation installation, and completion of mitigation installation. 4. The Applicant shall ensure the full implementation and ongoing maintenance of each of the Best Management Practices (BMPs) and mitigation measures as described in the draft and final Storm Water Pollution Prevention Plan, Conceptual Water Quality Plan, and Industrial Concept Water Quality Plan. In particular, the Applicant shall implement combination of BMPs (Option 4 in the Conceptual Water Quality Plan or equivalent) to reduce pollutants in discharges from points B, C, D, E, I, and J, which discharge directly to the canyons. In addition, for the Industrial areas, the Applicant shall include a combination of source and treatment BMPs, including grass biofilters/strips and wetland pond/retention basins, to reduce pollutants in discharges from industrial areas to and from the storm sewer system (Option 4 of the Industrial Concept Water Quality Plan or equivalent) in the project area. The use of in line treatment systems (e.g. CDS units or equivalent) is acceptable in combination with the aforementioned BMPs. 5. Applicant shall ensure that proposed mitigation for project effects will take place on site and total 11.52 acres as described in the application for water quality certification. 6. Applicant shall submit a report (including topography maps and planting locations) to the Regional Board within 90 days of completion of mitigation site preparation and planting, describing as-built status of the mitigation project. If the site-grading and planting are not completed within six weeks of each other, separate reports will be submitted describing those specific as-built conditions. 7. The Applicant initiated restoration efforts of 5.6 acres of mitigation in April 2000 (in advance of proposed impacts). The 5.6 acres included 0.1 acre of sycamore oak woodland, 5.1 acres of Southern Willow Scrub, and 0.4 acre of Freshwater Marsh of which 0.16 acre is compensatory mitigation for the Saxony Road Pump Station project. The remaining 2.48 acres satisfy California Department of Fish and Game mitigation requirements and is considered a transitional wetland to upland habitat buffer zone for the required 2.96 acres (plus 0.16 acre from the previous Corps permit) of Corps mitigation. The Applicant Sent By, LEMNAR COMMUNITIES; SEP-16-2002 09:52 Ms. Krisdne Zortman Lennar Homes, LLC 17609188868; SD UWTER QURLITY CTRL BRD 4 30 858 5710332 File No. 02C-012 September 16, 2002 Page 5/10 anticipates that the earliest impacts to Corps jurisdiction wetlands will occur in September 2002. The Applicant shall maintain or ensure the maintenance of the mitigation area in perpetuity. 8. Applicant shall notify the Regional Board of any change in ownership of the project area. Notification shall include, but not be limited to, a statement that the property owner has provided die purchaser with a copy of the Section 401 Water Quality Certification and application for Waste Discharge Requirements and that the purchaser understands the permit requirements and shall implement them; the seller and purchaser shall sign and date the notification. Notification shall be provided within 5 days of the sale of the property, 9. The Applicant shall submit a final Habitat Mitigation Management Plan (HMMP) based on the draft Bressi Ranch Conceptual Mitigation Plan prepared by Helix Environmental dated January 11, 1999 with revisions such as the current project description and mitigation requirements prior to impacts. All mitigation will be in accordance with this HMMP. Thereafter monitoring reports shall be submitted quarterly during the first year following certification, semi-annually during the second and third years, and annually until mitigation has been deemed successful. Monitoring reports shall be submitted no later than 30 days following the end of the monitoring period. Monitoring reports shall include, but not be limited to, the following: a. Names, qualifications, and affiliations of the persons contributing to the report; b. Tables presenting the raw data collected in the field as well as analyses of the physical and biological data; c. Qualitative and quantitative comparisons of current mitigation conditions with pre- construction conditions and previous mitigation monitoring results; d. Photo-documentation from established reference points; and e. Other items specified in the final Habitat Mitigation Management Plan. 10. In the event the Army Corps of Engineers determines that waters of the United States are isolated, this certification is revoked and the Applicant will be required to submit a Report of Waste Discharge to the Regional Board, and receive Waste Discharge Requirements prior to project implementation, 1 1. In the event of any violation or threatened violation of the conditions of this certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water Act, the applicability of any state law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this certification. 12. In response to a suspected violation of any condition of this certification, the Regional Water Quality Control Board (RWQCB) may require the holder of any permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the ..n. By, LENNAR SEP-16-2002 09-'53 Ms. Kristine Zorunan Unnar Homes, LLC ,7e09168868; SD UflTER QLWLITY CTRL BRD 5 858 57ltJjj^ File No. 02C-012 September 1 6, 2002 P,giem RWQCB deems appropriate, provided that the RWQCB has provided a written explanation with regard to the need for the reports and identifies the evidence that supports requiring the reports and that the burden, including costs, of the reports shall be a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. 13. In response to any violation of the conditions of this certification, the RWQCB may add to or modify the conditions of this certification as appropriate to ensure compliance. 14. Within 90 days of initiating construction, the Applicant shall record a conservation easement over the 5.6 acres of mitigation areas specified in Condition No. 7 above and shall submit proof of this easement to the Regional Board. The conservation easement or other legal limitation on the mitigation property shall be adequate to demonstrate that the site will be maintained without future development or encroachment on the site or which could otherwise reduce the functions and values of the site for the variety of beneficial uses of waters of the U.S. that it supports. The conservation easement or other appropriate legal limitation shall prohibit, without exception, all future residential, commercial, industrial, institutional, recreational and transportation development, and any other infrastructure development that would not maintain or enhance the wetland functions and values of the site. Other infrastructure development to be prohibited includes, but is not limited to, additional utility lines, paved maintenance roads, and areas of maintained landscaping for recreation. REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON: David W. Gibson California Regional Water Quality Control Board, San Diego Region 9174 Sky Park Court Suite 100 San Diego, CA 92123 858-467-4387 WATER QUALITY CERTIFICATION: I hereby certify that the proposed discharge from the Bressi Ranch Project (File No. 02C-012) will comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. Should new information come to our attention that indicates a water quality problem, we may issue waste discharge requirements at that time. Except insofar as may be modified by any preceding conditions, all certification actions are contingent on (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the applicants' project description and/or on the attached Project S.nt By:' LENNAR COMMUNITIES; SEP-16-2002 09:54 Ms. Kristine Zortman Lennar Homes, LLC 17609188868; SD UlflTER QUfiLITY CTRL BRD 6 858 5710332 File No. 02C-0 12 September 16, 2002 Information Sheet, and (b) on compliance with all applicable requirements of the Regional Water Quality Control Board's Water Quality Control Plan (Basin Plan). JHjfH. Robertas^ recutive Officer Regional Water Quality Control Board Date Attachments 1 and 2 Sent By:' LENNAR COMMUNITIES; SEP-16-2002 09=54 Ms. Kristine Zortman Lennar Homes, LLC 17609188868; SD UftTER QUPLITY CTRL BRD 7 Sep-16-02 12:32; 858 *ile NO. September 16,2002 Page 8/10r.vscvn Applicant: Applicant Representatives: Project Name: Project Location: Type of Project: Project Description: ATTACHMENT 1 PROJECT INFORMATION Lennar Homes, LLC. 5780 Fleet Street, Suite 320 Carlsbad, CA. 92008 (760)918-8858 (760)918-8868(0 Mr. Barry Jones Helix Environmental 8100 La Mesa BJvd La Mesa, CA 91941 Bressi Ranch Project (02C-012) The proposed project is located on the Bressi Ranch property situated southest of the intersection of Palomar Airport Road and El Camino Real in the City of Carlsbad. The project lies within the USGS 7.5 minute map, San Marcos quadrangle. Sections 13 and 14; Township 12 South; Range 3 West. Residential housing, commercial and instrustrial development. Lennar Homes, LLC proposes to construct 623 dwelling units and commercial and industrial space on 397 acres. 187 acres will be preserved as naturally vegetated open space. Federal Agency/Permit: U.S. Army Corps of Engineers Individual Permit Other Required Regulatory Approvals: California Environmental Quality Act (CEQA) Compliance: California Department of Fish and Game Section 1601 Strcambed Alteration Agreement The City of Carlsbad approved an Environmental Impact Report in June 2002. Receiving Water:Encina Creek, San Marcos Creek, Batiquitos Lagoon. Sent By." LENNAR COMMUNITIES; SEP-16-2002 09:54 Ms. Kristine Zortman Lennar Homes, LLC 17609188868; SD UlftTER QUftLITY CTRL BRD 8 Sep-16-02 12:32; 858 5710332 File No. 02C-012 September 16, 2002 Page 9/10 P.08/09 Impacted Waters of the United States: Dredge Volume: Related Projects Implemented/to be Implemented by the Applicants): Avoidance/Minimization Measures: Compensatory Mitigation: Best Management Practices: The proposed project will fill 2.50 acres of jurisdictional waters of the United States comprised of 2.41 acres of wetlands (0.29 acres of Southern Willow Scrub/Freshwater Marsh, 0.08 acres of Southern Willow Scrub, and 2.04 acres of non-native Tamarisk Scrub) and 0.09 acres of non- wetland waters. The project will also impact 2.17 acres of riparian habitat not subject to Army Corps of Engineers jurisdiction. None. None. The project preserves 6.24 acres of jurisdictional wetlands, 0.12 acres of cismontane alkali marsh, 0.07 acres of coastal and valley freshwater marsh S.74 acres of southern willow scrub and 0,04 acres non-wetland waters of the United States. In addition, the project avoids impact to 0.27 acres of Tamarisk Scrub that will likely be restored as Southern Willow Scrub or other riparian habitat in the long-term management of the open space areas. Mitigation consisted of the pre-project creation and maintenance of 5.6 acres of mitigation area including 0.1 acre of sycamore oak woodland, 5.1 acres of southern willow scrub, and 0.4 acre of freshwater marsh of which 0.16 acres is compensatory mitigation for the Saxony Road Pump Station. All mitigation shall be in accordance with the final mitigation plan based on the Bressi Ranch Draft Conceptual Mitigation Plan prepared by Helix Environmental Planning, Inc dated January 11,1999. A Conservation Easement or equivalent legal limitation will be recorded on the 5.6-acre mitigation area by the Applicant. Implementation of combinations of source and treatment BMPs described in Concept Water Quality Plan (Option 4 or equivalent) and Industrial Concept Water Quality Plan (Option 4 or equivalent). Sent By> LENNAR COMMUNITIES; 17609188868; Sep-16-02 12:32; - -—-— SEP-16-2002 09:54 SD UflTER QUflLITY CTRL BRD 858 5710332 P.09/09 Attachment 2 9 ttie wo. uzc-ui^ September 12,2002 ATTACHMENT! DISTRIBUTION LIST Army Corps of Engineers San Diego Field Office Attn. Shannon Bryant 16885 West Bernardo Drive, Suite 300A San Diego, CA 92127 Lennar Homes, LLC Attn. Kristine Zortman 5780 Fleet Street. Suite 320 Carlsbad, CA. 92008 Mr. Barry Jones Helix Environmental 8100 La Mesa Blvd. La Mesa. CA. 91941 State Water Resources Control Board Di vision of Water Quality TDTQI P BQ