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Home My WebLink About3466; OLIVEHAIN RD WIDENING AND REALIGNMENT; FIRST ANNUAL REPORT; 1999-02-01I: I i Li II S T. .1 fiegt.Annual Report Oivenhain Road Widening Wetland Mitigation, Area Carlsbad, California I TABLE OF CONTENTS I .. SECTION TITLE PAGE 1 INTRODUCTION 1 I INSTALLATION MONITORING 1 I 2 3 MAINTENANCE AND BIOLOGICAL MONITORING 5 Maintenance Momtoring 5 Biological Monitonng 7 4 SUCCESS STANDARDS 11 '1 5 CONCLUSIONS 14 6 RECOMMENDATIONS 14 7 REFERENCES 16 LIST OF FIGURES I NUMBERi TITLE PAGE 1 Project Location Map 2 2 Site Map 3 3 Ohvenhain Road Wetland Mitigation Area Erosion Gullies on the North Dike December 1998 6 I 4 Olivenhain Road Wetland Mitigation Area Views of Transitional Habitat on Dikes December 1998 12 5 Ohvenhain Roa& Wetland Mitigation Area Views of Wetland Mitigation Area December 1998 13 I I 315051000 I I TABLE OF CONTENTS (Continued) I LIST OF TABLES I NUMBER TITLE PAGE 1 Olivenhain Road Wetland Mitigation Area, Dead Container I .. . Plant Count, December 1998 9 2 Olivenhain Road Wetland Mitigation Area, Floral Species List, December 1998 . 10 11 3 Riparian Scrub and Upland Transition Zone Hydroseed Mix 15 LIST OF APPENDICES LETTER TITLE PAGE I A Project Permits A-i B Soil Test Results B-i I I I - I I I I : I 315051000 ii Month Year - - J F M A M .J J A S 0 N D 1997 wi 1998 2002 R M R/T 1 INTRODUCTION This is the first of five annual reports for the Olivenhain Road Widening Project wetland mitigation area. Ogden Environmental and Energy Services Co:, Inc. (Ogden) is the biological monitor for the City of Carlsbad (City) to monitor installation and maintenance of the wetland mitigation area on this project. Ogden did not perform any other biological monitoring functions associated with the road widening project The wetland mitigation area is located along Encinitas creek south of Olivenhain Road, approximately 0.8 mile east of the impact area at the intersection of Olivenhain Road and El Camino Real (Figures 1 and 2) Based on a biological survey and report (Mooney 1991), the City obtained California Department of Fish and Game (CDFG) Section 1601 Streambed Alteration Agreement No. 5-560-94 and U.S. Army Corps of Engineers (ACOE) Section 404 Nationwide Permit No 95-20096-BH to construct the project The permit requirements included the creation, planting, and five years of maintenance and biological monitoring of 0.5 acre of wetland (0.34 acre southern willow scrub and 0.16 acre freshwater marsh) and 1.1 acres of "riparian scrub transitional habitat at the top of the dike and on the slopes." 2 INSTALLATION MONITORING The mitigation area was installed by Tarzian Landscape, a subcontractor working for Sierra Pacific West, the general contractor hired by the City to build the Olivenhain Road Widening Project. Ogden worked closely with Tarzian Landscape during construction to ensure the mitigation area was installed in accordance with the mitigation plan. As required by the plans and specifications, Tarzian Landscape took soil samples for laboratory testing once mitigation area grading was completed. Copies of the agricultural suitability soil test results are included in Appendix A. Soil test results from the wetland mitigation area, upland planting area, and on the dike showed salt levels high enough to Affect plant growth Because of the soil test results, Ogden 'recommended the addition of agricultural gypsum and a wetting agent to help displace sodium in the soil Over time, the calcium in gypsum displaces sodium in the soil and allows the sodium to be leached away with 315051000 1 I Ike 4tI7 14 COS7 • 1..4"'..''1a ' T46 IA TE 94NM £NTA FE 9, * • 4 r - -' 5- • S - • 4 P- '• • * • 5 .•,. - -. I -- j IPIPIIIIIII • H': 5- 1 • S N - - - ' •'. 5. NOT TOSCALE 1: 1:1 WE MIT IGATION AREA TLAND / \\ TRANSITIONAL - DE/DIKE ...... - HABITAT * ON DIKES WI.GAND PRDPRTJs ENcjj\jJTAS . LOT. 13 MAP No; 843 RANCHO LAS ENCINTAS FOR 1(7EN710N DIKE AND &°ILL M4 Y NPF I OGDEN Site Map FIGURE IBiology/Olivenhain 2000/Olivenhain Site Map.FH7 3 irrigation water or rain. Supplemental applications of gypsum were also made during the first few months of the project's maintenance period, as well. Ogden recommended the following soil amendments In the wetland mitigation area, Ogden recommended adding 40 pounds of agricultural gypsum and 1 pint of Sarvon wetting agent or approved equal per 1,000 square feet. The recommendation also called for tilling the gypsum into the top 6 inches of soil and watering regularly to leach sodium out of the root zone On the dike slopes, Ogden recommended applying 40 pounds of agricultural gypsum and 1 pint of Sarvon wetting agent or approved equal per 1,000 square feet and watering regularly. On the top of the dike, Ogden recommended applying 40 pounds of agricultural gypsum and 1 pint of Sarvon wetting agent or approved equal per 1,000 square feet, tilling .into the top 6 inches, then watering regularly. 1 .3.,In the upland area, Ogden recommended applying 20 pounds of agricultural gypsum and 1 pint of Sarvon wetting agent or approved equal per 1,000 square feet, tilling if flat enough, followed by watering regularly. .4. For all container plants, Ogden recommended increasing all planting holes to• 3 times the width of the rootball instead of the 2 times specified, and adding 1 pound of Soil Buster 2-5-0 to the backfill mix for each plant, in addition to I the fertilizer tablets already specified 5. During the plant establishment period, Ogden recommended Soil Buster 2-5-0 be applied at the rate of 20 pounds per 1,000 square feet at 30 and 90 days I after planting After approval by the City Engineer, Tarzian Landscape applied the agricultural gypsum and Sarvon wetting agent in accordance with Ogden's recommendation, but none of the amendments were tilled into the soil as recommended 'I ,., •, Ogden verified the placement of all container plants and obtained seed tags from the I hydroseeding to verify the installation was in accordance with the approved plans.. Once 1 315051000 4 I the planting and seeding were complete, Ogden notified the City that installation of the biological mitigation area was completed on November 1, 1997, and the 5-year landscape - maintenance and biological monitoring period could begin 3 MAINTENANCE AND BIOLOGICAL MONITORING I The 5-year landscape maintenance and biological monitoring period began on November 1, 1997 Ogden visited the biological mitigation site 6 times in its first year of biological monitoring. Ogden visited the site monthly for the first 3 months after installation, then made 3 more visits in the remainder of the year. MAINTENANCE MONITORING I The site was generally well maintained during the first 3 months after planting, but Ogden saw little evidence of landscape maintenance after that Above average rains during the winter resulted in several erosion gullies 0n the north dike. Ogden first notified the City of this problem in January 1998. Figure-3 shows the erosion gullies on I the north dike J Erosion from the adjacent Olivenhain Water District property to the north washed sediment from their property into the mitigation area and also caused some erosion within I the mitigation area. In addition to the erosion problem, the Olivenhain Water District also flooded the mitigation area by excessively irrigating their adjacent landscaped slope For a long period of time, they were watering their slope 2 times per day, rain or shine I This left a portion of the wetland mitigation area with standing water for several weeks, stressing the plants and killing a few. At Ogden's July site visit, it appeared that little maintenance had been done since Ogden's visit in February 1998 Weeds had not been controlled and had gone to seed and died. Portions of the site were impassable from the infestation of yellow star-thistle I (Centáurea soistitialis) with its numerous sharp thorns. In addition, a portion of the irrigation had been because system rendered ineffective plant growth around the spnnkler heads knocked down most of the water within a few feet, I I 'I 315051000 5 I : i: I 1,4j I I I i 11 I resulting in large dry patches with dying container plants. The City authorized Ogden to make an additional site monitoring visit to meet with the landscape installation contractor and City in August. The landscape contractor indicated they would perform the necessary work so they could' be released from their responsibilities for the project. The City signed off on the contractor's work sometime thereafter. Long-term maintenance responsibilities were then taken over by the City. BIOLOGICAL MONITORING Most container plants and seeded species are establishing as expected. Bulrush (Scirpus calfornicus), alkali rush (Scirpus robustus), yerba mansa (Anemopsis calforñicá), arrow weed (Pluchea sericea), and narrow-leaved willow (Salix exigua) all began spreading beyond their container plant basins. These species will eventually form large spreading clumps and grow into each other, obscuring their distinction as individual plants Volunteer invasion by salt marsh species and certain weeds indicates that wetland conditions have been created in the mitigation area (Reed 1988). Species designated with the indicator category obligate wetland (OBL) "occur almost always (estimated probability >99%) under natural conditions in wetlands." Species designated as facultative wetland (FACW) "usually occur in wetlands (estimated probability 67-99%), but occasionally found in nonwetlands." The plus (+) sign with facultative species is used to indicate greater probability toward the higher end of the category estimate. Volunteer pickleweed (Salicornia virginica) (OBL), saltgrass (Distichlis spicata) (FACW), and alkali heath (Frankenia sauna) (FACW+) in the lower and more saline, wetter zone of the mitigation area indicate that wetland conditions have been created. Likewise, brass buttons (Cotula coronopfolia) and rabbit's foot grass (Polypogon monspliensis) were dominant weeds during the first year of monitoring. Both of these species are classified as facultative wetland (FACW+), also lending support to the notion that wetland conditions have been created A number of species, especially spiny rush (Juncus acutus) were browsed back by rabbits but survived and continue to. grow. Rabbit control on a site like this is impractical. No other rodent damage was observed inyear 1 monitoring. No insect or 'disease problems were observed. As discussed previously, weeds were not adequately I 315051000 7 S controlled and dominate the site in some locations. Because the annual weeds bloomed and set seed, weeds are likely to be a competitive problem in year 2. I .Willow mortality is higher than expected at 40 percent because the irrigation system was not kept in good working order during the dry season and many plants died from an apparent lack of water. More drought tolerant species like giant wild rye (Leymus I condensatus) and arrow weed were able to survive the dry conditions without significant harm The dikes are establishing well considering the salty soil conditions found there Annuals I/like arroyo lupine (Lupinus succulentus) and phacelia (Phacelici tanacetfolia) dominated in the first months, with little seen in the way of perennial species, by the February site I visit Most of the perenmal species did germinate and are establishing Giant wild rye, coastal sunflower (Encelia calfornica), and coastal goldenbush (Isocoma menziesii) are the most dominant native species on the dikes. As would be expected, most annual species were dead at the first annual monitoring visit on December 2, 1998. Above average rainfall during the winter rainy season of 1997-98 probably helped flush . some excess salts from the surface layer of soil, improving growing conditions and I helping plant establishment. Additional soil tests, however, have not been taken to verify if salt levels have been significantly lowered Continuing high salt levels in the soil .I, would make the plants less able to tolerate summer drought and would ultimately prevent most species from growing as large and densely as they normally would. Ogden counted dead container . plants, compiled a floral species list, and, made observations on plant growth and establishment in the mitigation area Table 1 provides a. list of dead container plants as of December 2, 1998. If it was not I possible to identify a species of dead plant, it was listed as unidentified The table also • specifies replacement container plants that need to be planted. Ogden has recommended I species substitutions where appropriate While there were many dead container plants there a sigmficant quantity of volunteers has established Successful volunteer species that contributed significant cover include mule fat (Baccharis salicifolia), giant wild rye f (Leymus condensatus) and arrow weed (Pluchea sericea) I 1 315051000 t 8 I 1 t Table! OLIVENHAIN ROAD WETLAND MITIGATION AREA. DEAD CONTAINER PLANT COUNT December 1998 Scientific Name Common Name Number Dead Number to Replace I Upland Dikes Zone Artemisia californica California sagebrush 0 10 I Baccharispilularzs coyote bush 0 1 .10 Heteromeles arbutzfolza toyon 1 5 Isomeris arborea bladderpod. 2 5 11 Rhus integr4folia lemonadeberry 0 16 Unknown -- , 43 -- I Total 46 46 Wetland Zone I Anemopsis californica yerba mansa 2 0 Artemisia douglasiana Douglas mugwort 0 0 Baccharis salicfolia mule fat 0 0 Frankenia sauna alkali heath 0 0 Juncus acutus spiny rush 0 0 Leyrnus condensatus giant wild rye . 0 0 II Pluchea sericea arrow weed 2 4 Salix exigua narrow-leaved willow , 5 5 Salix lasiolepis arroyo willow 18 20 , Sambucus mexicana Mexican elderberry 2 5 Scirpus californicus bulrush 0 0 I Scirpus robustus alkali rush 3 5 Unknown -- 7 -- 39 39 i Total Table 2 is a floral species list for the Ohvenhain Road wetland mitigation area The floral species list covers both the wetland mitigation area and adjacent upland buffer areas, 1 including the dikes A total of 51 species have been observed at the project site to date, plus several unidentified grasses. I I 315051000 9 I 1 Table 2 I OLIVENHAIN ROAD WETLAND MITIGATION AREA FLORAL SPECIES LIST December 1998 Scientific Name Common Name I Acacia longifolia Sydney golden wattle Anagallis arvensis scarlet pimpernel * Anemopsis californica yerba mansa I * Artemisia douglasiana Douglas mugwort * Artemisia californica California sagebrush , * Artemisiapalmeri Palmer's sagewort A triplex semibaccata Australian saltbush * Baccharis salicifolia mule fat * Baccharis pilularis coyote bush Brassica nigra : black mustard Carpobrotus edulis Hotentot fig I Centaurea soistitialis yellow star thistle Conyza canadensis - horseweed I Cotula coronopifolia brass buttons Cortaderia species pampas grass Cynara cardunculus artichoke thistle I yperus esculentus yellow nutsedge * Distichlis spicata saltgrass * Encelia californica coastal sunflower. * Eschscholzia californica California poppy Foeniculum vulgare fennel * Frankenia salina alkali heath I Gnaphalium species cudweed * Heterotheca grandflora telegraph weed * Isocoma menziesu coastal goldenbush * Isomeris arborea bladderpod * Juncus acutus spiny rush * Leymus condensatus giant wild rye Lobularia maritima sweet alyssum * Lotus scoparius deerweed I * Lupinus succulentus arroyo lupine - Melilotus species sweetclover I Myoporum laetum myoporum * Oenothera hookeri Hooker's evening primrose Pennisetum clandestinum i Kikuyugrass 1 315051000 10 Table 2 (Continued) OLIVENHAIN ROAD WETLAND MITIGATION. AREA. FLORAL SPECIES LIST December 1998 Common Name Scientific Name * Phacelia tanacetifolia phacelia Picris echioides . . bristly ox-tongue * Pluchea sericea arrow weed Polypogon monspliensis . . rabbit's foot grass Raphanus sativus wild radish * Rhus integrfolia lemonadeberry . Rumex crispus . . curly dock * Salicornia virginica pickleweed &ilix exigua . narrow.-leaved Willow * Salix lasiolepis arroyo willow Salsola tragus Russian thistle * Sambucus mexicana . . Mexican elderberry * Scirpus californicus : . . bulrush * Scirpus robusta alkali rush Sonchus oleraceus . .. annual sow thistle . Washingtonia robusta ., . Mexican fan palm . Unidentified annual grasses -- *Denotes species native to San Diego County Figures 4 and 5 show photographic views of the wetland mitigation area as of the first annual monitoring. Additional photos will be taken from the same locations at each. subsequent annual monitoring to 'provide comparative views to document site establishment and progress 4 SUCCESS STANDARDS Success standards for the project require 80 percent container plant survival at year 1, and 100 percent thereafter. The standards also require 75 percent cover after 3 years and 100 percent after 5 years Specific tree height standards have not been designated for this project, but the 1603 Streambed Alteration Agreement calls for tree and shrub heights to be collected and discussed in the annual report. '. 0 315051000 wry1 . .-.. . '.-.. -,....- F-4 .. . 'A a.D: S iZ±t I I I I For the upland dikes portion of the project, container plant survival is 60 percent, falling below the 80 percent success standard For the wetland portion of the project, container I plant survival is 95 percent, meeting the 80 percent success standard There are no cover standards to meet in year 1, but at the end of its first year of monitoring, 'Ogden believes the project will meet its third year success standard of 75 percent cover. Tree and shrub 1 heights were not collected as part of biological monitoring for the project, so they were not assessed 5 CONCLUSIONS The Olivenhain Road biological mitigation area appears to be progressing satisfactorily ' after 1 year of landscape maintenance and biological monitoring Native species cover is developing at a satisfactory rate and invasive exotic weeds are a minor concern at this I standards time Container plant survival fell below success standards on the dike structure, but met in Despite the wetland portion of the -site. meeting overall success standards in the wetland, willows did not meet survival standards at 77 percent Ogden attributes the I loss of willows to a lack of irrigation during the dry season The young willows had not become established enough yet to survive Without irrigation during the summer. I After 1 year, it appears wetland has been successfully created in the wetland mitigation I area because obligate wetland and facultative wetland species have volunteered into the project With adequate maintenance to ensure the establishment of desirable native species and to keep invasive exotic weed species under control, the mitigation should I ultimately prove successful • 6 RECOMMENDATIONS I For year 2 of the 5-year maintenance and monitoring program, Ogden recommends the following items be completed by the City 1 1 Schedule a meeting between Ogden and the maintenance supervisor to ensure the maintenance crew knows all the species present and which weed species should be controlled I $ - 1 315051000 ' 14 1 2 Repair erosion gullies on the dike and seed bare patches with the same seed I mix applied to the dike. The seed mix is shown below in Table 3. Table 3 I RIPARIAN SCRUB AND UPLAND TRANSITION ZONE HYDROSEED MIX I Scientific Name Common Name Pounds per Acre Encelia calfornica coastal sunflower 4 I Eschscholzia californica California poppy 2 Festuca megalura Zorro fescue 2 I Isocoma menziesii coastal goldenbush 4 Leymus condensatus giant wild rye 4 Lotus scoparius deerweed 4 I Lupinus succulentus arroyo lupine 3 Phacelia tanacetifoiza phacelia 2 i Total 25 Hydroseed Slurry Mix Components: I Seed Mix at pounds per acre rate indicated above Virgin wood cellulose fiber mulch at 2,000 pounds per acre Ecology Controls M-Binder or approved equivalent at 60 pounds per acre Urea formaldehyde fertilizer (38-0-0) at the rate of 50 pounds per acre - Triple superphosphate fertilizer (0-45-0), plus 19 percent soil sulfur at the rate of 100 pounds per acre I 3 Replace 85 dead container plants indicated in Table 1 The plants should be ordered for September delivery from Tree of Life Nursery in San Juan Capistrano (949) 728-0685, or another native plant supplier. 4 Keep the irrigation system off during the rainy season if rainfall is adequate to I keep the plants healthy. Begin irrigating again in spring as the rainy season comes to an end Inspect the imgation system regularly and prune growth I around sprinkler heads, as needed, to maintain adequate sprinkler coverage I S Apply agricultural gypsum at the rate of 20 pounds per 1,000 square feet and Sarvon wetting agent, or approved equal, at the rate of 1 pint per. 1,000 square feet, to all growing areas of the project site I 1 315051000 15 1 6. Control all growth around container plants until the plants are established I .enough to avoid being out competed, and to facilitate biological monitoring. Ogden can identify to the landscape maintenance supervisor which plants no longer require clearing 7 Control the following invasive exotic weed species whenever they appear I onsite salt cedar (Tamarix species), pampas grass (Cortaderia species), castor bean (Ricinus communis), fennel (Foeniculum vulgare), common I cocklebur (Xanthium strumarium), gum.tree seedlings (Eucalyptus species), yellow star-thistle, and giant reed (Arundo donax) 8 Control annual weeds to keep them from becoming competitive and dominant I Species in need of control in year 1 that may need continuing control measures include black mustard (Brassica. nigra), wild radish (Rap hanus / sativus), milk thistle (Silybum marianum), bur clover (Medicago hispida), and I sow thistle (Sonchus asper) 7 REFERENCES * I . 3rin F. Mooney Associates. 1991; Biological survey and report for the Olivenhain Road widening/realignment andflood control project. June. I . Reed, Jr., Porter B. 1988. National list of plant species that occur in wetlands: . California (Region 0) May I 1 4 I I I / 1 315051000 16 '1 nil ue I - r. I * DEPARTMENT OFTHE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 9NO SCRANTON ROAD, SUITE 430 REPLY TU I 'SAN DIEGO, CALIFORNIA 9,2121 May 23, 1995 ATTENCNOF: ' RECEIVED Office of the Chief Regulatory Branch MAY 2 61995 I ENGINEERING DEPARTMENT I .City of Carlsbad Attn: Mr. Pat Entezari .. 2075 Las Palmas Drive I Carlsbad, California 92009-1576 ' Gentlemen This is in reply to your letter (No. 95-20096-13H) dated December 2.2, 1994, concerning I our permit authority under Section 404 of the Clean Water Aét of 1972 (33 U.S.C. 1344) over your proposal to realign and widen Olivenhain Road from El Camino-Real to a point approximately 1,400 feet east,, impacting approximately 025 acrs of Encinitas Creek in the I City of Carlsbad, San Diego County, California. The proposed project will include widening the existing two-lane bridge to six lanes with bicycle lanes and sidewalks on both sides I . Regulations 'for our permit program,, published in the Federal Register, include Part 330 - Nationwide Permits (see the enclosure). The Corps of Engineers has determined that your proposed activity complies with the terms and conditions of the nationwide permit at 33 CFR I Part 330, Appendix A(B)(26) for discharges of dredged or fill material into headwaters and isolated waters of the United States, including wetlands, that are part of a single and complete project which would cause the loss or substantial adverse modification of less than I .one acre of such waters. For the purposes of this nationwide permit, the acreage of loss of, waters of the U.S. includes the filled area plus waters of the U.S. that are adversely affected I .by flooding, excavation or drainage as a result of the project As long as you comply with the nationwide permit conditions described in Part 330, Appendix A(C) and the attached special condition, an individual permit is not required. This I letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued or revoked before that time. It is incumbent upon you to remain I . informed .of changes to the nationwide permits.,. A nationwide permit does not grant any property rights or exclusive privileges. Also, I it does not authorize any injury to the property or rights of others or authorize interference with any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. I I \ I - - I I -.- -.- - - -3- SPECIAL CONDITION FOR 95-20096-BH I i. The permittee shall provide to the Corps for review and approval a copy of the conceptual Olivenhain Road Widening Project mitigation plan as described in the project's environmental impact report by September 30, 1995. The conceptual mitigation plan shall, I include preliminary information based on the guidance provided in the Habitat Mitigation and Monitoring Proposal Guidelines, dated June 1, 1993, prepared by Los Angeles District Regulatory Branch (enclosed).- 1 I . • ;- - - :_• I I 1 I I I I 1 :- I- I I -: £ £ VfllL.JL)flL1 UIL UL ('flA 14U. 4.0U04 .. r. U'4 i I REcEw I CALIFORNIA DEPARTMENT OF VISE AND GAME N C V 20 1995 30 Golden Shore, Suite SO Long Beach, California 90802 IN , I Notification No 5-S60-4 £E.I.J Page j of ...L. ' AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION I THIS AGREEMEI' N, entered into between the State of California, Deartmenz of Fish. and Game, herinafter called the Department, and Pat Enbezari of City of Carlsbad 2075 Las Palmas Dr.; Carlsbad, CA 92009; (619) 438-1611 X4385; (619) 458-9044 I State of California , hereinafter called the Operator, is as follows: - WHEREAS,pursuant to Section 1601' of California Fish and GáteCode, the Operator, on the 30th day of December, 1994, notified 'the Department that they intend to- divert or obstruct the natural flow of, or change' the bed,, channel, or bank of, or use material from the strearnbed(s) of, the following' water(s): Encinitas Creek tributary to Baticuitos Lacoon, San Diego County, California,. Section 2 Townshi 13S Range 4W I .WHEREAS, the Department has determined' that such operation may substantial y adversely affect existing fish and wildlife resources including: sonebirds, and a] aquatic resources and wildlife in the area. I THE h REFO2, the Department hereby proposes masures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from -that stated in the notification specified above, this Agreement is no longer 'valid and--a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this l Agreement and with other pertinent code sections, including but not limited to Fisl and Game. Code Sections 5650, 5652, 5937,, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with'permits required from other agencies. I , This Agreement become5 tffective. the date 'o Department's sinature and terminate October 31. 1997 for project construction only. This Agreeient'shall'remain in effect for that time necessary to satisfy the terms/conditions of this Agreement. I I ' I I I U IJQ LJL LtLL vi vnAL~AML/ J,Jt1H L'C. ifls\ 11U. 400UC4 Page 2 . of ..... STREA1'ED A.LTFRATION CONDITIONS FOR NOTIFICATION NtflER; '5-S60--94 The following provisions constitute the limit of activiLies agreed to and resolved by this Agreement. The signing of this Agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subject to separate notification pursuant to Fish and Game Code Sections 1600 at seq. The Operator proposes to alter the streambed to widen and realign olivenhain Road and to construct a floodwater detention dike just to the south of this road impacting 0S7 acre of stream. The project is located in the cities of Carlsbad and Encinitas; the detention basin will be just west of Rancho Santa Fe Road within the floodplain of Encinitas Creek. The agreed work includes activities associated with No. 2 above. The project area is located Encinitas Creek, tributary to Batiguitos Lagoon, in San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, including "Oliven.hain Road Widening/Realignment and Flood Control Project Wetland Mitigation/Revegetation Plan" prepared by Ogden Environmental and Energy Services Co., Inc., and dated October 1595, and shall be implemented as proposed unless directed differently by this agreement. The Operator shall not impact more than 0.57 acre of stream: 0.06 acre southern willow scrub permanently, 0.21 acre 3outhcrfl willow scrub temporarily, 0.16 acre fresh water marsh permanently (this includes the 1500 ft of Rome Depot's uninstalled mitigation site, which the Operator is mitigating), and 0.14 acre 'fresh water marsh temporarily. S . The Operator shall mitigate as follows: create 0.34 acre southern willow scrub and 0.16 acre freshwater marsh at the mitigation parcel northeast of the dike site; restore 0.21 acre southern willow scrub and 0.14 acre fresh water marsh temporary imoacts; and enhance approximately 11 acre with riparian scrub transition habitat at the top of the dike and on the slopes. DRt) The Operator shall' also resegeta-ve the approximate 0.8 acre area where the old Olivenhain Road is removed (from the new road edge to the adjacent, existing Home Depot mitigation site) with native upland species. cVE C'. L;j W-:'. A 41,4r4o N 1 NT1JLL.. Ei46c5r- The Operator may clean the spillway of sediment and debris 25 feet in front the structure; no other maintenance is proposed or authorized under this M.teration Agreement. No mitigation areas shall bA impacted.. This Streambed Alteration Agreement is not valid until the Operator submits the .eS.'r final mitigation plans for Department review and approval. They shall include: C.'Y maintenance and 'monitoring; success criteria; habitat types and locations; revegetatjon plans; and plant palette. ' S. All mitigation shall be installed no later than March 30, 1997. Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The disturbed portions ot any stream channel within the high water mark of the stream shall be restored. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. Installation of bridges, culverts, or-ocher structures shall be such that water flow is not impaired. Bottoms of temporary culverts shall be placed at stream channel grade and bottoms of permanent culverts -shall be placed 'at or below stream channel grade. ' F I I I 1 I I I I I I I I 1 1' Ll I I IdL.'J'L))L) ILL 14.. L.itl ur Lir1pL.Oriu tjUlill rt-A NU. U4 V. U3 Page 3 of ,... STREAMED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-560-94 ii. when any artificial obstruction is being constructed, maintained, or placed in operation, sufficient water shall at all times be allowed to pass downstream to maintain aquatic life below the darn pursuant to Fish and Game Code section 5937. Equipment shall not be operated in ponded or flowing areas. When work in a flowing stream is unavoidable, theentire stream flow shall be diverted around the work area by a barrier, temporary culvert, new channel, or other means approved by the Department. Location of the upstream and downstream diversion points shall be approved by. the Department. Construction of the ,barrier.and/or the new channel shall normally begin in the downstream area and continue in an upstream direction, and the flow shall be diverted only when construction of the diversion is completed. Channel bank or barrier construction shall be adequate to prevent seepage into or from the work area. Channel banks or barriers shall not be made of earth or other substances subject to erosion unless first enclosed by sheet piling, rock riprao, or other prtective material. The enclosure and the supportive material shall be removed when the work is completed and removal shall normally proceed from downstream in an upstream direction. TheOperator shall obtain all written approvals from, the Department prior to -initiation of construction activities. Silt settling basins shall be located away from the stream or lake to prevent discolored, silt-bearing water from reaching the stream or lake during any flow regime. 14." Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjected to high storm flows. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. The Operator shall not remove vegetation within the stream from March 15 to July 15 to avoid impacts to nesting birds. 1$. If threatened or endangered species occur within the proposed work area, or could be impacted directly or indirectly by the work proposed, this agreement shall not be valid until the Operator obtains the required state and federal threatened, and endangered species permits. 19. The Operator shall not work from March ito August 30 gP. the Operator may work from March 1 to August 30 provided the following conditions are met: . The Operator shall have a qualified biologist survey the adjacent riparian habitat to verify the presence or absence of willow flycatcher and least Bell's vireo a minimum of twice weekly from March 1 to August 30. The results of these surveys shall be provided to the Department, along with copies of all field notes, at least twice monthly. If willow flycatcher and/or least Bell's vireo are present in the adjacent riparian habitat, the survey shall include noise monitoring. If the noise levels exceed 60 decibels at any time of day at any of the location(s) of the bird(s) and/or-nest(s), the Operator shall cease, work immediate1y Work shall not resume until: the Operator submits a plan to the Department for review to ensure this/these species is/are protected; the Department approves the plan' in writing; and the plan's protective measures are in place. I I I I I I I L] I I I I I I 1 I I I IUE. tiiii ur urL\L.ChL LiUIHl UC. rHf NU, 4U4 Page _j of S . I STI ALTE.ATION CONDITIONS FOR NOTIFICATION NDMBER -560-94 20. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. I 21. All planting shall have a minimum of 80V survival the first year and 100% survival thereafter and/or shall attain 75?& cover after 3 years and 90 cover after 5 years for the life of the project. If the survival and cover requirements have I not been met, the Operator is responsible for replacement planting to achieve these recuirements. Replacement plants shall be monitored with the same survival and growth recuirements for 5 years after planting. I 22. All planting shall be done between October 1 and April 30 to take advantage of the winter rainy season. Staging/storage areas for equipment and materials shall be located outside of I the stream/lake. An annual report shall be submitted to the Department by Jan 1 of each year for 5 years after planting. This report shall include the survival, % cover, and I height of both tree and shrub species. The number by species of plants replaced, an overview of the revegetation effort, and the method used to assess these parameters shall also be included. Photos from designated photo stations shall be included. I 25. Proof of an Army Corps 404 permit shall be submitted t6 the Department prior to the initiation of construction. All terms and conditions under the Army Corps 404 permit shall be enforceable by the Department under this agreement. However, the conditions of the Army Corps 404 permit shall not supersede this agreement. I 26. Access tothe worksite shall be via existing roads and access rams to the greatest extent possible. I Spoil sites shall not be located within a stream/lake, where spoil shall be washed back. into a stream/lake, or where it will cover aquatic or riparian vegetation. Any equipment or vehicles driven and/or operated within or adjacent to the stream/lake shall be checked and maintained daily, to prevent leaks of materials / that if introduced to water could be deleterious to aquatic life. Raw cement/concrete or washings thereof, asphalt, paint or other coating I material, oil or other petroleum products, or any othersubstances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. Any of these materials, placed within or where they may enter a stream or lake, by I Operator or any party working under contract, or with the permission of-the Operator, shall be removed immediately. - Structures and associated materials not designed to withstand high water flows shall be moved.to areas above high waterbefore such flows occur. If a stream's low flow channel, bed or banks have been altered, these shall be returned as nearly as possible to their original configuration and width, without creating future erosion problems. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, -or associated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the. - high water mark of any stream or lake. - L/LO J..)L) IUL. L -tJ UI ii JI JflL'LL)r1L1 U¼11111 Lit N-IA P(O. qouoq Page 5 of.S . STREANSED ALTERATION CONDITIONS FOR NOTIFICATION NOMBR: 5-0-94 The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws andit shall be the responsibility of the operator to ensure compliance. No equipment maintenance shall be done within or near any stream c xrLel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under'any flow. The Operator shall provide a copy of this Agreement. to all contractors, subcontractors, and the operator's project supervisors. Copies of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. . 3. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) .activities and at least five (5) days prior to completiàn of construction (project). activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long Beach, CA 90802, Attn: ES The Department reserves the right io.cnter th project site at any time to ensure compliance with terms/cend.itions of this Agreement The Department reserves the right to suspend and/or revoke this Agreemnt if the Department determines tflat the circumstances warrant. The circumstances that could require a reevaluation include, but are not limited to, the following: Failure to comply with the terms/conditions of this Agreement. The information provided by the Operator in support of the Agreement/Notification is determined by the Department to be incomplete, or inaccurate. When new information becomes available to the Department representative (s) that was not known when preparing the original terms /conditions of this Agreement., The project as described in the Notification/Agreement has changed, or conditions affecting fish and wildlife resources change. CONCURRENCE (Operator's me) . . . California Dept. of Fish and Came (signat.fr) • . (date) (signature) (date) ACKeep I pi(k66 1t6 Tm Environmental Specialist III - (title) I, 9-29-17 I :,iAI FkOt.I AG:L sav Ic: ThO727O7 . . p. _____ OR1 SERVICE SOIL PT AND WA ANAL. vSe& sOIL ANALYSIS RESUIrS SEPTEMBCR 26 199/ I . TARZIAN LANDSCAPE LAB #: 18018-1 P.O. BOX 1398 DATE SUBMITTED. 9-23-97 CARLSBAD, CA 92018 . PROJECT Oil VENHEIN ROAD MITAGATION I ... SAMPLE ID. WETLAND MITAGATION SITE - SATURATION EXTRAC I . RESULTS COMMENTS 8atürtIon Percentage . 35 .. SANDY LOAM pH, units 6.4 - SLIGHTLY ACID I ECO. mmiios/crn 2.6 HIGH Calcium, maq/I . 4.2 .. REFER TO SAR Magnesium, rneq/I . . 44 - REFER TO SAR Sodium, maqll . 11.2 REFER TO SAR I ChIorde, m.q/I . 13.2 . ACCEPTABLE TO HIGH Boron, ppm 0.4 . ACCEPTABLE — Sodium Absorption Rtno 5.4 HIGH I POTASSIUM CHLORIDE EXTRACT Nitrats N ppm 12 LOW I OLSEN EXTRACT Phosphorus, ppm 11 - LOW AMMONIUM ACETATE IXTRACT . Potassium, ppm . 194 . OPTIMUM TO HIG Calcium, ppm . . 612 . LOW Magnesium, ppm . 231 HIGH •. Sodium, ppm 263 HIGH I DPTA EXTRACT Zino,pprn 0.81 LOW . Manganese, ppm . 17.4 . '- OPTIMUM• I Iron ppm 47 1 OPTIMUM Copper, ppm . . 0.38 •. LOW : BASE SATURATION PERCENTAGE RESULTS SUGGESTED RANGES Potassium, % 7.5 . 3 7 Calcium, % 46.2 06 - 75 Magne&um,% . . 291 , . 12 - 20 $odlurn% . . 17.3 0 5 FREE LIME NIL If you should have any qu stions pleas!, fI tree to contact US at any time. e ly. 119 Maw m to I AGISEFVLCE . ., . -,. - •. - I I 2`142'13' INDUSTRIAL COURT. VISTA. CALIFORNIA ¶ iHk1AN LANDSCAPE Fax : May31 18:58 9-29-1997 11 :d6Al' FPOI.1 AGl:I SERvICE 7672707.t / P.2 ± AGR S ERVICF - . SOIL PLANT AND WATb N IS AAY. SOIL ANALYSIS RESULIS I SEPTEMBER 26 1997 TARZIAN LANDSCAPE LAB #: 101-2 I P.O. BOX 1398 DATE SUBMITTED: 9-23-97 CARLSBAD, CA -9201R . PROJECT OLIVNHEIN ROAD MITAGATION SAMPLE ID: UPLAND MITAGATION SITE SATURATION EXTRAC' RESULTS COMMENTS I Saturation Percentage 37 SILT LOAM ' pH, Units 6.9 SLIGHTLY ACID Ce,mmhos1cm :1.9 ACCEP1ABLE I Calcium, meg/I 5.5 REFER TO SAR Magnesium, meq/I 2.9 - REFER TO SAR Sodium, rrieq/I '- 8.2 - REFER TO SAR Chloride, meq/I '' 8.8- ACCEPTABLE I Boron, ppm 015 ACCEPTABLE Sodium Absorption Ratio 4,0 '-- ACCEPTABLE POTASSIUM CHLORIDE EXTRACT Nitrate-N, ppm 14 LOW OLSEN EXTRACT I Phosphorus ppm 16 , LOW AMMONIUM ACETATE I XTRACT Potassium ppm 188 OPTIMUM Calcium, ppm 1679 OPTIMUM Magnesium, ppm 351 HIGH I Sodium ppm 214 HIGH DPTA EXTRACT Zinc ppm 3.28 OPTIMUM Manganese ppm 13.6 OPTIMUM Iron ppm 40.1 OPTIMUM I Copper, ppm 060 OPTIMUM BASE SATURATION PERCENTAGE RESULTS SUGGESTED RANGES Potassium, -% .- 3.8 3 - 7 — Calcium % 66.9 65 76 I I MagnesIum % 23.0 12 - 20 Sod,um% ,3 0-5 FREE LIME NIL If you should have any qu tstions please feel free to contact us at any time I Y. AG ISE VICE I I - 2142'5' INDUSTRIAL COURT 6 VISTA, CALIFORNIA 92083 IH1HN LHNULHVE. ' Fax : Jun 02 20:38 1bJ—— iji 13 :47Ah FPO?I AcP.I SERVICE 76727071 . . '° . P.3 ORI SERVICE SOIL PLANT ANO waTf* ANALYSIS SOIL. ANALYSIS RESUL S I SEPTEMBER 20, 1997 TARZIAN LANDSCAPE LAB #: 18018-3 • P.O. BOX 1398 . .- DATE SUBMITTED; 9-23-97 I CARLSBAD, CA 92018 PROJECT OJ,JLENHBIN SAMPLE ID 7 tn7n2 .I SATURATION EXTRAC . RESULTS . COMMENTS -. Saturation Percentage .. ' 53 .. CLAY LOAM pH , units 74 . ALKALINE, ACCEPTABLE EC., mmhos/cm . . 6.4 HIGH I CaIcium rneq/l . 1.7. REFER TO SAR Magnesium, meq/I . 7.3 30.5. REFER TO SAR ' REFER TO SAR Sodium, meqli . Chloride, rneqll .435.0 HIGH Boron ppm 05 ACCEPTABLE Sodium Absorption Ratio , 14.4 HIGH I POTASSIUM CHLORIDE tx IRACT Nitrate-N, ppm 7' 4 . LOW I Phosphorus ppm OLSEN EXTRACT 2 LOW . . AMMONIUM ACETATE IXTRACI . .. . Potassium, ppm 273 . LOW '. Calcium ppm 5787 OPTIMUM ppm '' Mn.sium, . ' 924 ' OPTIMUM Sodum, ppm 1136 HIGH I OPTA EXTRACT Zino ppm 1 2b OI'IIMUM Mang.riesa,ppm .4'-5.2 LOW Iron, ppm 11.3 . . OPTIMUM .. Copper ppm 1.18,OPTIMUM BASE SATURATION PE'CENTAGE RFSULTS . . SUGGESTED RANGES , V U Potassium, %' . Calcium, % . . . 1.7 68.4 . 3 - 7 , 65 -. 75 MaQnulum ,% . Sothum% . 18.2 117 12 - 20 5 0 - I FREE LIME ., . NIL. ( if you should have any qustions please feel freeto contact us at any time. ly, V Incer rV ya412nomi t .& 4 I AGI SERVICE I I 2142 8 INDUSTRIAL COURT 0 VISTA, CALIFORNIA 92083