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Home My WebLink About3184; CANNON ROAD WEST; MONTHLY BIOLOGICAL MONITORING REPORTS, MAY & JUNE; 1999-09-20-,. OODEN ENVIRONMENTAL AND ENERGY SERVICES RECEIVED licFP 2. 19q9 5510 Moreuse Drive San Diego CA 92121 99-437-3151 619 458 9tGEi September 20, 1999 Fax 619 454RTMENT Ms. Sherri Howard Project Manager City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, California 92009-4859 Subject: Cannon Road West-City Project No. 3184, Monthly Biological Construction Monitoring Report for June 1999 Dear Ms. Howard: Ogden Environmental and Energy Services Company, Inc. (Ogden) submits this monthly biological construction monitoring letter report for the Canon Road West - City Project No. 3184, for the City of Carlsbad, California. This report covers the month of June 1999. The project has permits with the United States Fish and Wildlife Service (USFWS), Biological Opinion on the Cannon Road (Reaches 1 and 2); U.S. Army Corps of Engineers (ACOE) Permit Application No. 97-20130-TCD, City of Carlsbad, California (1-6-97-F-51); California Department of Fish and Game (CDFG) Section 1601 Streambed Alteration Agreement No. 5-044-97; CDFG California Incidental Take Permit - Permit No. 2081-1998-05-5, and California Coastal Commission (CCC) Coastal Development Permit No. 6-97-11. According to the project's permit condition, monthly biological monitoring reports must be sent to the USFWS, ACOE, CDFG and CCC. Ogden did not perform any biological construction monitoring between May 21 and June 11. Construction continued during the period when Ogden was not performing any biological construction monitoring. Construction during June consisted primarily of continuing work on the new El Camino Real bridge. The bridge deck for the new Cannon Road bridge was poured during the period when Ogden was not working at the site. Other work during June included installation of wet utilities in the Cannon Road right-of-way, and removal of falsework for the newly poured bridge. There was no work performed in Macario Canyon during the month because noise levels cannot be adequately mitigated to below the permitted 60 dB Leq threshold limit in the project's biological opinion (BO). Ms. Sherri Howard September 20, 1999 Page 2 For most of June, Ogden's bird monitor only heard least Bell's vireo ( Vireo bellii pusillus) around Station 108+50. Towards the end of June, least Bell's vireo moved into the remnant patch of willows near El Camino Real located between the new bridge and Shea's construction trailer. Because of this, a noise wall was installed at the end of the month around the southern portion of the habitat. An additional noise fence was placed around a generator used to supply electricity to the construction trailers and run the sump pumps under the new Cannon Road bridge. Dirt piled up on the north side of the habitat provides adequate noise protection on that side provided it remains in place. The western clapper rail (Rallus Ion girostris) was not observed, nor was southwestern willow flycatcher (Empidonax traillii extimus). Noise monitoring during June showed all work to be below the 60-dBA Leq impact threshold. Shea Homes and Erreca's worked with the noise monitor to ensure that falsework removal would not create a noise violation and none was recorded when the work took place. Approximately 0.02 inch of rain fell in one storm for the month of June. Erosion control devises performed as intended and no erosion off the permitted work area was observed. Ogden will continue to make periodic biological construction monitoring visits and submit monthly progress reports in accordance with the project's permits. Please call me at (858) 458-9044, ext 252, or e-mail me at dagettinger@oees.com, if you have any questions or would like to discuss this project further. Sincerely, Doug Gettinger, Biological Construction Monitor DAG/css cc: File Contracts No. 3-1972-1000-1001-3151 Bill Ponder, California Coastal Commission Terri Dickerson, California Department of Fish and Game Dave Lawhead, California Department of Fish and Game Terry Dean, U.S. Army Corps of Engineers Julie Vanderwier, U.S. Fish and Wildlife Service c1AQfY OGDEN ENVIRONMENTAL AND ENERGY SERVICES RECEIVE ..... o ?U lTiU 5510 Morehouse Drive San D4G 6194 FaX 6 ?ENT 99-435-3151 September 17, 1999 Ms. Sherri Howard Project Manager City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, California 92009-4859 Subject: Cannon Road West-City Project No. 3184, Monthly Biological Construction Monitoring Report for May 1999 Dear Ms. Howard: Ogden Environmental and Energy Services Company, Inc. (Ogden) submits this monthly biological construction monitoring letter report for the Canon Road West - City Project No. 3184, for the City of Carlsbad, California. This report covers the month of May 1999. The project has permits with the United States Fish and Wildlife Service (USFWS), Biological Opinion on Cannon Road (Reaches 1 and 2); U.S. Army Corps of Engineers (ACOE) Permit Application No. 97-20130-TCD, City of Carlsbad, California (1-6-97-F-51); California Department Fish and Game (CDFG) Section 1601 Streambed Alteration Agreement No. 5-044-97; CDFG California Incidental Take Permit -Permit No. 2081- 1998-05-5, and California Coastal Commission (CCC) Coastal Development Permit No. 6-97-11. According to the project's permit condition, monthly biological monitoring reports must be sent to the USFWS, ACOE, CDFG, and CCC. Construction during May consisted primarily of work on and around the new bridge near El Camino Real, and work on a sewer line. There was no work performed in Macario Canyon during the month because noise levels cannot be adequately mitigated to below the permitted 60 dB Leq threshold limit in the project's biological opinion (BO). Noise monitoring indicated that sound levels in Reach 2 were exceeding 60 dB Leq, so the acoustic consultant, Rick Tavares of Investigative Science and Engineering (ISE) recommended construction of a noise wall to mitigate noise levels below the maximum permitted level. The noise wall was built in accordance with specifications provided by Ms. Sherri Howard September 17, 1999 Page 2 ISE. Noise wall was built from about Station 96+00 to 108+00 and near the new bridge by El Camino Real. Noise levels exceeded the 60 dB Leq limit on May 13 when the noise wall was built, and again on May 27, the day the new bridge deck was poured. On May 7, Ogden discovered that the contractor working for Shea Homes, Erreca's Inc., had pulled down the environmental fence and removed wetland vegetation at about Station 99-i-00. This violated CDFG 1601 Streambed Alteration Agreement Conditions 9, 12, and 13, BO Condition 1. 1, and Nationwide 404 Permit Condition 1. According to the permits and agreements, vegetation may not be removed between March 1 and September 15. Ogden's bird monitor, Rick Bailey, had documented least Bell's vireo (Vireo bellii pusillus) at this location on April 25. Ogden notified the City inspector and a Stop Work Order for this area was delivered to Shea Homes. Ogden then notified CDFG, ACOE, and USFWS of the violations by phone. An onsite meeting was held between the City, CDFG, USFWS, and Ogden on May 11. The violation was discussed and the agencies determined that daily monitoring would be required instead of the scheduled weekly monitoring during the summer bird breeding season if work was to continue. They also determined they would require additional mitigation measures to compensate for the habitat take during breeding season and the potential harassment of an endangered species. After meeting in the City's construction trailer, those present went and looked at the site of the violation. While there, we observed an endangered western clapper rail (Rallus longirostris) in the cleared area. This species is not covered in the project's BO, as it was not known to be in the project area. Because of this, CDFG and USFWS asked that no construction work occur at this location until the matter of a new endangered species could be addressed. Ogden began daily biological construction monitoring on Friday, May 14, but temporarily ceased all work on the project on Friday, May 21. Ogden began work began again on June 11. Work continued on the project without any biological construction monitoring by Ogden during this period. Least Bell's vireo were heard or observed at about Stations 103+00 and 108+00. In addition, the western clapper rail was observed at Station 99+00 on several occasions. No southwestern willow flycatcher (Empidonax traillii extimus) were detected in Reach 2. There was no rain during the month of May, so erosion control was not an issue. Ms. Sherri Howard September 17, 1999 Page Ogden will continue to make periodic biological construction monitoring visits and submit monthly progress reports in accordance with the project's permits. Please call me at (858) 458-9044, extension 252, or e-mail me at dagettinger@oees.com, if you have any questions or would like to discuss this project further. Sincerely, - Doug Gettinger Biological Construction Monitor DAG/css cc: Bill Ponder, California Coastal Commission Terri Dickerson, California Department of Fish and Game Dave Lawhead, California Department of Fish and Game Terry Dean, U.S. Army Corps of Engineers Julie Vanderwier, U.S. Fish and Wildlife Service