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HomeMy WebLinkAbout; Carlsbad Golf Course Environmental Monitoring; Carlsbad Golf Course Environmental Monitoring; 2006-07-31DUDEiK ENGINEERING + ENVIRONMENTAL Interim Environmental Construction Monitoring Report Phase 2 - Carlsbad Municipal Golf Course Project Carlsbad, California I I July 31,2006 PREPARED FOR City of Carlsbad Recreation Department 1200 Carlsbad Village Drive Carlsbad, California 92008 PREPARED BY Dudek 605 Third Street Encinitas, California 92024 DUDEK 1 -J July 31,2006 4821-02 ^ Mr. John Cahill J City of Carlsbad 1200 Carlsbad Village Drive I Carlsbad, California 92008 _ Subject: Interim Environmental Construction Monitoring Report for Phase 2 of . the Carlsbad Municipal Golf Course Project, Carlsbad, California "* Dear Mr. Cahill: Dudek submits this environmental construction monitoring report for Phase 2 of the Carlsbad j Municipal Golf Course Project (Project). The Project is being built under the authorization of the City of Carlsbad, along with Army Corps of Engineers Clean Water Act Section 404 Permit it No. 972020600-SMJ, California Department of Fish and Game Section 1601 Streambed i|j Alteration Agreement No. 5-122-00, California Coastal Commission Coastal Development Permit No. A-6-CII-00-087, and City of Carlsbad Endangered Species Act Incidental Take * Permit No. HMP 04-01. Phase 2 of the Project includes providing on-call environmental *" monitoring services related to the contractor's activities. Construction monitoring in Phase 2 m includes the following items: II • Noise monitoring, • Coastal California gnatcatcher monitoring, y • Monitoring of the coastal sage scrub mitigation and revegetation installation, • Monitoring of the wetlands habitat creation and restoration installation, ? • Monitoring of erosion control measures installation and maintenance, • Administer an environmental education program for construction workers, " • Implementation of the water quality monitoring program, ** • Consulting with the City of Carlsbad on environmental issues. ^ This report summarizes environmental construction monitoring for Phase 2 from when it began in March 2006 to date follows. 1• Environmental Monitoring jy Dudek's environmental monitoring work during Phase 2, to date, has included periodic inspection of erosion control measures, administering the environmental education program for H construction workers, conducting nesting bird surveys in preserved habitat and areas slated for i WWW.DUDEK.COM 1 Mr. John Cahill ,j Subject: Interim Environmental Construction Monitoring Report for Phase 2 of the Carlsbad Municipal Golf Course Project, Carlsbad, California~~i ^_^^_^^^_^^_^^^_,^^_M^^_^^^,,^^^,^^_M,^^_M^^_MI^^_M^—^^^^.^^.^^ habitat restoration around the golf course, noise monitoring to determine if construction noise is "•i an issue for coastal California gnatcatcher (Polioptila californica californicd), and consulting j with the City on various environmental issues related to the project. Frequent construction monitoring has not been necessary during Phase 2, as nearly all the clearing and grading was *"* performed during Phase 1 and the work is taking place within graded areas. No habitat restoration work has yet occurred, but Dudek has been providing coordination with the «, contractor on this issue. For purposes of this project, coastal sage scrub revegetation is being — done in areas that have been graded and coastal sage scrub mitigation is being done outside the grading limits. The City has advised the contractor not to clear any vegetation until after the m coastal California gnatcatcher breeding season, as required by the Coastal Development Permit. to Planting of the coastal sage scrub and wetland habitat areas is planned to occur during the autumn months, which also happen to be the most adventitious months for plant establishment. Inspection of erosion control measures has been limited during Phase 2, as the winter rainy p season was nearly over when Phase 2 monitoring began. Dudek's monitoring of erosion control |i measures has centered around rain events. No erosion problems have been observed during the Phase 2 period, to date. Erosion control measures and the orange construction fence will systematically be removed as the permanent erosion protection (landscaping) is installed. M jp In accordance with Condition No. 11 of the Coastal Development Permit, Dudek has provided ^ three environmental education sessions for the Phase 2 contractor staff, to date, as new work crews have been brought onto the project. Dudek has broadened the education program to P1 include all sensitive resources onsite, while Condition No. 11 is limited to the coastal California " gnatcatcher. HI_ Dudek has also begun conducting nesting bird surveys in areas that have not been previously cleared of vegetation to determine whether coastal California gnatcatchers or other bird species » are present and nesting. Construction noise monitoring has also been undertaken in areas where In coastal California gnatcatchers have been observed to determine whether noise levels from construction activity are an issue that needs to be addressed. Construction noise has not been an issue to date.MI M One wetland mitigation area north of Golf Hole No. 12 was inadvertently left off the grading tal plans and was scheduled to be graded during the Phase 2 work. After the surveyors staked this area and vegetation clearing began, it was discovered that a significant portion of the mitigation *" area overlapped the existing wetland mitigation area for the Cannon Road Extension Project, and •' another portion supported high quality Diegan coastal sage scrub habitat. Coastal California gnatcatcher was observed and heard in this habitat area. Because of these environmental issues, Ml *" III __.,__,- 4821-02 DUDEK 2 July 31, 2006 p Mr. John Cahill It Subject: Interim Environmental Construction Monitoring Report for Phase 2 of the Carlsbad Municipal Golf Course Project, Carlsbad, California p ———^————_—-—-^——-—5^—-^—^—-———————.—--—.——-—^———k work was stopped and the mitigation area has been redesigned to account for existing conditions. p Work will recommence in this area once coastal California gnatcatcher seasonal restrictions have II ended in mid-August. ^ In addition, Dudek has been preparing plans for the unauthorized wetland impact that occurred along Macario Creek during Phase 1 of construction. Special low-altitude aerial photographs _, were taken and field verified to determine the resources and opportunities present. An JIJ amendment to the wetland mitigation plan is being prepared that also addresses the acreage shortfall at the Hole 12 wetland mitigation area. All wetland mitigation will occur onsite in P1 Macario Canyon. fa, Water Quality Monitoringpi Ml Dudek implemented the required water quality monitoring plan as part of our scope of work for pi Phase 1, in substantial conformance with the direction provided in the City of Carlsbad tai Municipal Golf Course Water Quality Monitoring Plan (Plan) prepared by P & D Environmental, dated November 18, 2004. The Phase 2 portion of the water quality monitoring P' has not yet begun. Phase 2 water quality monitoring involves collecting water samples for laboratory analysis quarterly, once the golf course has been planted and fertilizer and/or pesticide p, applications have begun within the watershed. Dudek is scheduled to begin collecting samples |^ once the stated milestone is achieved. f" This report provides a summary of Dudek's environmental monitoring activities, to date, during ill Phase 2 of construction at the Carlsbad Municipal Golf Course Project. Please contact me at (760) 479-4285 or dgettinger@dudek.com, or Michael Sweesy at (760) 479-4253 or msweesy@dudek.com, if you have any questions or would like to discuss this project further. Mil pi Douglas Ijettinger j^i Habitat Restoration Special^t Dudek pi £1 Att.: Permit Conditions Table Site Observation Reports Ml; cc: Skip Hammann, Carlsbad Engineering Department • George Litzinger, Dudek John Przybyszewski, Dudek Hj Mike Sweesy, Dudek fell 4821-02 pi DUDEK 3 July 31,2006 Mi ATTACHEMENT 1 Permit Conditions Table I I ft i ti ti it fi ii ii ii ii ii 11 ii ii i i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE CALIFORNIA COASTAL DEVELOPMENT PERMIT No. A-6-CII-0(W)87 Final Development Plans 1 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, detailed final plans for the proposed development that include site, building, grading and drainage plans. Said plans shall be in substantial conformance with the plan entitled "City of Carlsbad Golf Course Revisions" submitted with LCPA 1-03B (Habitat Management Plan) on February 7, 2003. The permittee shall undertake the development in accordance with the approved plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. The City of Carlsbad submitted detailed final plans for review and approval prior to project construction. The City has constructed the golf course project in substantial conformance with these detailed final plans, except as amended (such as the extension of Hole 18, cart path modifications, etc.). Completed Ongoing Mitigation for Upland Habitat Impacts 2 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, a final detailed coastal sage scrub mitigation plan. Said plan shall be developed in consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Game. The permittee shall undertake development in accordance with the approved mitigation/restoration plan. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. The City of Carlsbad submitted the Mitigation Plan, Carlsbad Municipal Golf Course (P&D Environmental and HDR, January 2005) for review and approval prior to project construction. The City has constructed the golf course project in substantial conformance with these detailed final plans, except as amended (such as the extension of Hole 18, cart path modifications, etc.). Changes to the upland mitigation plan are pending at Hole #1 1 due to archeological site constraints. A revised plan is being designed that conforms to all permit requirements. Completed Ongoing Restoration for Construction Impacts 3 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, if any temporary wetland and/or riparian impacts are proposed, the applicant shall submit a detailed revegetation plan indicating the type, size, extent and location of all plant materials, any proposed irrigation system and any other landscape features necessary to revegetate any proposed temporary wetland and/or riparian impacts. The restoration program shall be developed in consultation with the U.S. Department of Fish and Wildlife and the California Department of Fish and Game. The City of Carlsbad submitted the Revised Golf Course Riparian Mitigation Plan (P&D Environmental, December 2003) for review and approval prior to project construction. Completed DUDEK 4821-00 July 27, 2006 i ft J * a fe* mm mm i ii ti ti i i 11 ii 11 ii ti CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE Before/After Survey. The condition of the wetland and/or riparian revegetation and substrate under the two approved golf cart crossing locations shall be documented prior to construction, and the extent of proposed temporary impacts shall be identified. The extent of impacts to the vegetation and substrate shall be assessed and documented after completion of the repairs. Temporary wetland and/or riparian impacts shall be revegetated at a ratio of 1:1. There shall be no wetland impacts except for those temporary impacts associated with construction of the two approved golf cart crossings. No permanent wetland or riparian impacts shall be allowed. Construction impacts to sensitive habitat areas (e.g., coastal sage and other native upland habitat, wetlands, and riparian areas) shall be avoided by identifying and staking all sensitive habitats outside the project footprint, and educating the construction crews about the importance of these habitats and need for protection. The permittee shall undertake development in accordance with the approved restoration plan. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. Dudek conducted the specified "Before" portion of the required "Before/After Survey", prior to bridge construction. The "After" portion of the survey will need to be performed after construction has been completed. No permanent impacts to wetlands have occurred. The location of Bridge C was moved to avoid mature willow trees. The final location was reviewed and approved by a Dudek Biologist. Construction impacts to sensitive habitat have been avoided, to date, with one exception noted. An unauthorized impact to wetlands occurred on September 28, 2005 when a heavy equipment operator opened up the orange construction fence and began clearing an area that was to be preserved. The City of Carlsbad immediately notified the U.S. Army Corps of Engineers, as required by Special Condition No. 2 of the 404 Permit. Plans are being prepared to mitigate for the unauthorized wetland impact and will be submitted to the agencies as notification of this change. A contractor education program was implemented by Dudek at project inception to educate workers of the environmental sensitivity of the project area. Ongoing Ongoing Final Landscape Plans 4 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, a detailed final landscape plan for the proposed development. Said plan shall show the type, size, extent and location of all proposed vegetation and any necessary irrigation. The permittee shall undertake development in accordance with the approved landscaping plans. Any proposed changes to the approved landscaping plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. The City of Carlsbad submitted detailed final landscape plans (P&D Environmental and KTU+A, 4/15/05) for review and approval prior to project construction. The plans substantially conform to the above referenced conceptual design documents. An omission of 5,000+ native container plants is being amended to the construction contract. The project is being constructed in substantial conformance with the approved plans, except as amended (such as the extension of Hole 18, cart path modifications, etc.). Changes to the irrigation system (above ground irrigation pipe in lieu of below ground pipe) in temporary irrigation areas (Coastal Sage Scrub Mitigation and Revegetation areas) has been instituted to avoid unnecessary impacts to existing biological resources and to facilitate removal after self-sustaining habitat has been sufficiently established. Completed Ongoing DUDEK 4821-00 July 27, 2006 r i ft] ii f i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE Erosion Control Plans 5 Draina 6 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, an erosion and sediment control plan for the proposed development, prepared by a qualified resource specialist. The permittee shall undertake development in accordance with the approved erosion control plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. The City of Carlsbad submitted an erosion and sediment control plan (P&D Environmental) for review and approval prior to project construction. The contractor did not implement the erosion and sediment control plan in a timely manner by the October 1 deadline. The RWQCB issued an Administrative Civil Liability (ACL) for the project on October 20, 2005. Following issuance of the ACL, a separate erosion control contractor was hired to complete and maintain the erosion and sediment control measures. No significant adverse water quality impacts were observed during the rain season. Completed Ongoing je and Polluted Runoff Control Plan PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for the review and approval of the Executive Director, final drainage and runoff control plans including supporting calculations. The plan shall be prepared by a licensed engineer and shall incorporate structural and non-structural Best Management Practices (BMPs) designed to reduce the pollutant load of runoff to the maximum extent feasible, and reduce or eliminate any potential increases in the volume or velocity of runoff leaving the site. The permittee shall undertake development in accordance with the approved drainage and runoff control plans. Any proposed changes to the approved drainage and runoff control plans shall be reported to the Executive Director. No changes to the approved plans shall occur without an amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. The City of Carlsbad submitted a final drainage and runoff control plan (P&D Environmental) for review and approval prior to project construction. The project is being constructed in substantial conformance with the approved plans, except as amended (such as the extension of Hole 18, cart path modifications, etc.). Completed Ongoing Water Quality Monitoring Plan 7 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for the review and approval of the Executive Director, a water quality monitoring plan to address the quality of runoff prior to leaving the site or entering the onsite riparian area. The plan shall describe the methodology for monitoring, including specific threshold levels and sampling protocols, location of monitoring sites, schedule for monitoring, and reporting of results. The monitoring plan shall also include a contingency plan describing the actions to be taken if water quality impacts are discovered. The City of Carlsbad submitted the City of Carlsbad Municipal Golf Course Water Quality Monitoring Plan (P&D Environmental, November 18, 2004) for review and approval prior to project construction. Completed DUDEK 4821-00 July 27, 2006 • I i i mm mm » i i i ri r i »r-i r i an HI t i t i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE Turf and Pest Management Plan 8 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and approval, a detailed turf and pest management plan for the golf course portion of the development. The permittee shall undertake development in accordance with the approved turf and pest management plan plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the approved plans shall occur without an amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. The City of Carlsbad submitted a detailed turf and pest management plan for the golf course portion of the development for review and approval prior to project construction. The project is being constructed in substantial conformance with the approved plans, except as amended (such as the extension of Hole 18, cart path modifications, etc.). Completed Ongoing Public Golf Course Facility 9 The golf course, clubhouse, parking areas, driving range, conference center and pads for future industrial/golf related uses shall be operated as facilities open to the general public. Any proposed change in the level of public access and/or public use shall require an amendment to this permit. Signage shall be provided indicating that the onsite facilities as provided above are open to the public. The Carlsbad Municipal Golf Course is a public course that will be open to the general public once it has been completed and opened for business. The required signs are included in the construction contract documents and shall be installed as part of golf course construction. Ongoing Open Space and Conservation Easement 10 A. No development, as defined in Section 30106 of the Coastal Act, shall occur in those areas indicated as Preservation Areas in Exhibit 7 (City Golf Course, Revised Figure 8 of the Carlsbad HMP, CAR LCPA 1-03B), except for temporary impacts associated with construction of the two approved golf cart path crossings, consistent with Special Condition #3, and onsite habitat restoration/revegetation activities as part of an approved coastal sage scrub mitigation plan, consistent with Special Condition #2. The golf course is being constructed in accordance with the approved plans and Special Condition No. 10.A. Temporary site access was established to facilitate construction equipment circulation during mass grading activities. Some of the access routes crossed HMP lands either on existing SDG&E utility access roads or in areas where sensitive biological resources were absent as determined by a biological survey. Final temporary access routes were reviewed and approved by the City of Carlsbad Planning Department. Ongoing DUDEK 4821-00 July 27, 2006 i t i r i i i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a document in a form and content acceptable to the Executive Director, irrevocably offering to dedicate to a the California Department of Fish and Game and the U.S. Fish and Wildlife Services, or their successor agencies, an open space and conservation easement over all onsite habitat preservation areas, and all mitigation areas (onsite and/or offsite) that will be utilized to address onsite impacts to habitat. The recorded document shall include legal descriptions of both the applicant's entire parcel and the easement area(s). The recorded document shall also reflect that development in the easement area(s) is restricted as set forth in this permit condition. The City of Carlsbad executed and recorded an acceptable open space and conservation easement over all onsite habitat preservation and mitigation areas prior to project construction. Completed C. The offer to dedicate shall be recorded free of prior liens and encumbrances which the Executive Director determines may affect the interest being conveyed. The offer shall run with the land in favor of the People of the State of California, binding all successors and assignees, and shall be irrevocable for a period of 21 years, such period running from the date of recording. The City of Carlsbad offer to dedicate was done in a manner acceptable to the Coastal Commission's Executive Director. Completed Protection of the Coastal California Gnatcatcher 11 To prevent breeding/nesting season impacts to the coastal California gnatcatcher (Polioptila califomica californica), the permittee shall not undertake any clearing or grading activities on the golf course site between March 1 and August 15, unless approved in writing by the U.S. Fish and Wildlife Service and the California Department of Fish and Game. No clearing or grading activities have occurred since March 1 and none are planned until after August 15 except on manufactured slopes on the east side of College Avenue. This area was cleared only after a nesting bird survey was completed by Dudek. One active nest was buffered and protected until it became inactive two weeks later. Ongoing Herbicide, pesticide and/or fertilizer applications shall occur outside of a 100- foot exclusion zone to avoid drift towards nesting areas. Coastal Commission conditions on pesticide use are rendered moot by California Food and Agriculture Code Section 11501.1, which declares that matters relating to pesticide use are an issue of statewide concern and are to be administered on a statewide basis. Section 11501.1 states that any local regulation is "void and of no force or effect." Pesticides may be used in any area permitted by federal and state laws and in accordance with label directions, including sensitive habitat and wetland areas. To further address sensitive species issues, the City will utilize the guidance found in Protecting Endangered Species, Interim Measures for Use of Herbicides in San Diego County (U.S. Environmental Protection Agency 1999), Protecting Endangered Species, Interim Measures for Use of Insecticides in San Diego County (U.S. Environmental Protection Agency 1998), and Protecting Endangered Species, Interim Measures for N.A. DUDEK 4821-00 July 27, 2006 r i mm i i ft i ft i e i ii CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE Use of Fungicides in San Diego County (U.S. Environmental Protection Agency 2000). These bulletins provide guidance based on the hazard class of the pesticide matches the hazard class (sensitivity of the taxonomic group) of the species. A worker education program shall be implemented to ensure that all golf course construction and maintenance workers know the location of all gnatcatcher nests and are aware of the above-described protection measures. Dudek has implemented a worker education program to ensure all golf course construction workers are aware of environmental issues at the project site, including those related to coastal California gnatcatcher. No protocol-level surveys have been undertaken, nor were they required, so the precise location of any coastal California gnatcatcher territories and/or nests is not known. Golf course maintenance workers will undergo a worker education program once the course has been turned over to the permanent maintenance crew. Ongoing During the non-breeding season (August 16 through February 28), if construction activities will produce noise levels greater than 60 db, gnatcatcher-occupied habitats within the habitat preserve areas shall be shielded from the sight and sound of such activities taking place within 50 feet of the occupied habitat, using the following technique. During construction, the gnatcatcher habitat will be shielded from sight and sound by 8-foot high, solid 1-inch thick barriers. A biological monitor must be onsite daily to ensure that the construction activities are having no negative impact on gnatcatchers. The noise-related portion of this condition appears to be written incorrectly. As written, it imposes noise restrictions during the non-breeding season when gnatcatchers do not maintain strongly delineated territories, instead of during the breeding season, when noise restrictions are typically in place. Dudek and the City of Carlsbad believe the intent of this part of the condition intends to restrict noise levels during the gnatcatcher breeding season. As such, Dudek has conducted limited noise monitoring during the breeding season to determine if construction noise levels exceed the 60 dBA level. Ongoing The permittee shall staff a qualified monitoring biologist on-site during all CSS clearing and any other project-related work adjacent to CSS to be avoided. The biologist must be acknowledgeable (SIC) of gnatcatcher biology and ecology. The permittee shall ensure that prior to and during the clearing of coastal sage scrub and/or any other suitable gnatcatcher habitats outside the gnatcatcher breeding season, the biologist shall locate any individual gnatcatchers on-site and direct clearing to begin in an area away from birds. In addition, the biologist shall walk ahead of clearing equipment to flush birds towards areas of habitat that will be avoided and/or which are located within the permanent preserve areas. Dudek biological monitors were present onsite to monitor all vegetation clearing by the contractor, to date. Dudek did not detect any coastal California gnatcatchers that needed to be flushed out of vegetation to be cleared towards vegetation to be preserved. The vast majority of vegetation cleared for project construction consisted of annual grasses and weeds. The remainder of the vegetation to be cleared will not be conducted until after the gnatcatcher breeding season has concluded and seasonal restrictions are no longer in force. Ongoing DUDEK 4821-00 July 27, 2006 II 11 BJI mm • i f i t i r i r i n • i r • CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE Open Space Restriction 12 A. No development, as defined in Section 30106 of the Coastal Act, shall occur in habitat buffer areas as required in Special Conditions #2 and 4, and as identified in the final landscape plans, and as described and depicted in an Exhibit attached to the Notice of Intent to Issue Permit (NOI) that the Executive Director issues for this permit, except for 1. approved landscaping activities and plantings and/or restoration and revegetation of native habitat according to the final coastal sage scrub mitigation plan; and No development has occurred in habitat buffers, to date. Approved landscaping in buffers, such as coastal sage scrub restoration work, has not been initiated. This activity is scheduled to begin August 16,2006. Ongoing B. PRIOR TO ISSUANCE BY THE EXECUTIVE DIRECTOR OF THE NOI FOR THIS PERMIT, the applicant shall submit for the review and approval of the Executive Director, and upon such approval, for attachment as an Exhibit to the NOI, a formal legal description and graphic depiction of the portion of the subject property affected by this condition, as generally described above and shown on Exhibit 7 attached to this staff report. The City of Carlsbad supplied CCC with the required dedication prior to CDP issuance. This condition has been satisfied. Completed The City of Carlsbad recorded a deed restriction prior to CDP issuance. This condition has been satisfied. C. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property (hereinafter referred to as the "Standard and Special Conditions); and (2) imposing all Standard and Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The restriction shall include a legal description of the applicant's entire parcel or parcels. It shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the Standard and Special Conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes - or any part, modification or amendment thereof - remains in existence on or with respect to the subject property. Completed DUDEK 4821-00 July 27, 2006 I I fc 4 * * * J ft J mm mm mm t i i i i i i i i i i i i i i \ CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE 13 Any future revisions to the golf course layout and/or design which may be necessary to address golf course operations or any other reason shall require an amendment to this permit. Any such revisions to the golf course shall occur within the approved developable area in the least environmentally damaging manner that is most protective of the sensitive resources within the habitat preserve. No impacts to resources within the preserve shall be permitted. The City of Carlsbad secured a "Consistency Determination" from the City of Carlsbad under the City's HMP for minor changes to golf hole 18 and extension of an emergency/maintenance path between golf holes 13 and 16. CDFG and USFWS were consulted in advance of issuance of the approval. Ongoing Technical Advisory Panel 14 An independent technical advisory panel of environmental and agency representatives shall be provided the opportunity to review and comment on the management plans and ongoing monitoring reports. This will allow for meaningful input by all parties interested in the water quality in the Agua Hedionda Lagoon, and will assist the Coastal Commission staff and the City in effectively assuring the environmental quality of the golf course. All review and comments will be requested to be submitted within 45 days of receipt of draft plans. The Executive Director of the California Coastal Commission shall have final authority over the determination of condition compliance, unless it is determined that the item should be referred to the Commission. Technical Advisory Panel assembled and consulted with the City of Carlsbad on several occasions prior to beginning construction. Panel reviewed and provided input on Turf Management Plan, Mitigation Plan, and other project documents, plans, and exhibits. Panel provided CCC with formal letter of support and project endorsement prior to issuance of CDP. Ongoing CALFORNIA DEPARTMENT OF FISH AND GAME STREAMBED ALTERATION AGREEMENT No. 5-1 22-00 1 The following provisions constitute the limit of activities 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 et seq. Descriptive statement, no action required.N/A Project Location and Description 2 The Operator proposes to alter the streambed of an unnamed tributary to Agua Hedionda Lagoon to accommodate the construction of a Municipal Golf Course which will include an 18-hole championship golf course, clubhouse, maintenance facility, driving range, conference center, and pads for industrial/golf related uses. The project is located approximately one mile to the east of Interstate 5. Palomar Airport Road forms the southern boundary, Hidden Valley Road forms the western boundary, and the southern edge of grading for the future extension of Faraday Avenue forms the northern boundary. The 396-acres project site is located in the northwestern quadrant of the City of Carlsbad, San Diego County, impacting 0.91 acres of streambed. Descriptive statement, no action required.N/A DUDEK 4821-00 July 27, 2006 I i • J mm ft I K f II t 1 II II II II II II II CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE 3 4 The agreed work includes activities associated with No. 2 above. The project area is located in an unnamed ephemeral drainage, tributary to Agua Hedionda Lagoon, San Diego County. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator, including an Environmental Impact Report, and shall be implemented as proposed unless directed differently by this agreement. The Operator shall not impact more than 0.91 acre of streambed comprised of 0.46 acre mule fat scrub, and 0.45 acre of unvegetated channel. Impacts are considered permanent and will be mitigated at a 3:1 ratio for mule fat scrub and 1:1 ratio for unvegetated channel, for a mitigation acreage requirement of 1 .83 acres. Descriptive statement, no action required. The contactor made an unauthorized impact to wetlands on September 28, 2005 when a heavy equipment operator opened up the orange construction fence and began clearing an area that was to be preserved. Plans are being prepared to mitigate for the unauthorized wetland impact and will be submitted to the Department for approval. N/A Ongoing Mitigation 5 6 As mitigation for the project, the Operator shall restore through creation and enhancement, 1.83 acres of comparable wetland habitat on-site. The Operator shall submit a final Mitigation and Monitoring Plan within 60 days of signing this Streambed Alteration Agreement. Department approval of that plan is required prior to project initiation/impacts. All revegetation shall be installed no later than March 31 , 2009. The Operator shall mitigate at a minimum 5:1 ratio for impacts beyond those authorized in this Agreement. In the event that additional mitigation is required, the type of mitigation shall be determined by the Department and may include creation, restoration, enhancement and/or preservation. The City of Carlsbad submitted the final City of Carlsbad Revised Golf Course Riparian Mitigation Plan, dated December 2003. The mitigation installation is currently scheduled to be installed beginning September 1, 2006 and will continue until completion sometime in early 2007. The City of Carlsbad is proposing mitigation at a ratio of 5:1 for the unauthorized impacts to jurisdictional area and will be submitting a plan to the Department. Ongoing Ongoing Veqetation, Revegetation and Restoration 7 All mitigation planting shall have a minimum 100% survival the first year and 80% survival thereafter and/or shall attain 75 % cover of native wetland species after 3 years and 90% cover of native wetland species after 5 years. If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements for 5 years after planting. At the completion of the monitoring period, the mitigation site shall have received NO supplemental irrigation for a period of two consecutive years, nonnative plants shall not make up more than 5% of the entire cover of the site, no more than 5% of the site shall consist of bare ground and site shall be free of invasive exotic plants species. No action required at this time.Ongoing DUDEK 4821-00 July 27, 2006 mm mm mm i i ri • i ii ii ft ti ii t i ii CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE 8 9 All planting should be done between October 1 and April 30 to take advantage of the winter rainy season. An annual report shall be submitted to the Department by January 1 of each year for 5 years after the on-site restoration/planting. This report shall include the survival and percent cover. 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 along with photos from designated photo stations. Plans call for the mitigation to be installed in the fall and winter months. No action required at this time. Ongoing Ongoing Work Period and Time Limits 10 The Operator shall not remove vegetation within the stream from February 15 to September 1 to avoid impacts to nesting birds. Initial golf course clearing was completed prior to February 15, 2006. Vegetation removal for coastal sage scrub mitigation areas is scheduled to occur outside the bird breeding season starting September 16, 2006. Ongoing Habitat Protection 11 12 13 The Operator shall have a qualified biologist onsite daily during any impacts to vegetation for the purpose of monitoring and enforcing conditions of this agreement. 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. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. Dudek biological monitors have been present onsite on all days when vegetation removal is scheduled. The contractor did not implement the erosion and sediment control plan in a timely manner. The RWQCB issued an Administrative Civil Liability (ACL) for the project on October 20, 2005. Following issuance of the ACL, a separate erosion control contractor was hired to complete and maintain the erosion and sediment control measures. No adverse water quality impacts were observed during the 2005-06 rain season. The project perimeter was outlined with orange construction fence. The perimeter fence location was reviewed and verified by Dudek prior to construction initiation. In addition, a biological monitor was present on all days when vegetation clearing was scheduled. In spite of these protections, an unauthorized impact to wetlands occurred on September 28, 2005 when a heavy equipment operator opened up the orange construction fence and began clearing an area that was to be preserved. Plans are being prepared to mitigate for the unauthorized wetland impact and will be submitted to the Department for approval. Ongoing Ongoing Ongoing Structures 14 This Agreement does not authorize the construction of any temporary or permanent dam, structure, flow restriction or fill except as described in the Operator's notification. Descriptive statement, no action required.Ongoing Equipment and Access 15 No equipment shall be operated in ponded or flowing areas.The project has complied with this restriction with one isolated exception: A bulldozer Ongoing DUDEK 10 4821-00 July 27, 2006 fill II t•mm • i ii ii ii CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE 16 17 18 19 Staging/storage areas for equipment and materials shall be located outside of the stream. Access to the work site shall be via existing roads and access ramps. Any equipment or vehicles driven and/or operated within or adjacent to the stream shall be checked and maintained daily, to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. The clean-up of all spills shall begin immediately. The Department shall be notified immediately by the Operator of any spills and shall be consulted regarding clean-up procedures. briefly entered Macario Creek during the unauthorized impact on September 28, 2005. No staging/storage has occurred in the stream. Existing roads and access ramps have been used for project access. The contractor has a program in place to inspect and maintain equipment on a daily basis. There have been no spills recorded on the project, to date. Ongoing Ongoing Ongoing Ongoing Turbidity/Siltation 20 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. No water containing mud, silt, or other pollutants from aggregate washing or other activities have been allowed to enter any lakes or streams. Ongoing Pollution, Litter and Cleanup 21 22 23 24 The Operator shall comply with all lifter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. Spoil sites shall not be located within a stream, where spoil could be washed back into a stream, or where it could cover aquatic or riparian vegetation. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances 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. These materials, placed within or where they may enter a stream/lake, by Operator or any party working under contract, or with the permission of the Operator, shall be removed immediately. 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 The contractor did not implement the erosion and sediment control plan in a timely manner. The RWQCB issued an Administrative Civil Liability (ACL) for the project on October 20, 2005. Following issuance of the ACL, a separate erosion control contractor was hired to complete and maintain the erosion and sediment control measures. The City of Carlsbad and the contractor have complied with all other litter and pollution laws. No spoil sites have been located within streams. Wash-out areas have been created onsite as necessary for concrete and other materials clean-out. No debris or other items mentioned in the condition have been placed where they may wash into waters of the State. Rubbish is removed from the project site. Ongoing Ongoing Ongoing Ongoing DUDEK 11 4821-00 July 27, 2006 ii mm mm mm ill 11 i i i i ii 11 11 it ii ii CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE deposited within 150 feet of the high water mark of any stream or lake. 25 No equipment maintenance shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas under any flow. Equipment maintenance is not done near any stream channel.Ongoing Others 26 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. The City of Carlsbad has provide a copy of this agreement to all contractors, subcontractors, and the City's project management team. Copies of the agreement are available onsite at the construction trailer and are available to agency personnel during work hours. Ongoing 27 The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this Agreement. Descriptive statement, no action required.Ongoing 28 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 completion of construction (project) activities. Notification shall be sent to the Department at 4949 Viewridge Avenue, San Diego, CA 92123 Attn: Tamara A. Spear The City of Carlsbad notified the Department prior to project construction and will notify the Department prior to project completion. Ongoing 29 It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It is further agreed all liability and/or incurred cost related to or arising out of the Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any party or parties for personal injury or any other damages. Descriptive statement, no action required.Ongoing 30 The Operator may request one extension of this agreement, subject to Department approval, prior to its termination. The extension request and fees shall be submitted to the Department's Region 5 office at the above address. If the Operator fails to request the extension prior to the agreement's termination, then the Operator shall submit a new notification with fees and required information to the Department. Any activities conducted under an expired agreement are a violation of Fish and Game Code Section 1600 et. seq. Descriptive statement, no action required.Ongoing DUDEK 12 4821-00 July 27, 2006 ti mm mm mm mm 11 11 11 ri ri i i ri ri ri it 11 ri i i n CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE 31 I The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new information that was not known to it in preparing the terms and conditions of the Agreement; c. The project or project activities as described in the Notification/Agreement have changed; d. The conditions affecting fish and wildlife resources change or the Department determines that project activities will result in a substantial adverse effect on the environment. Descriptive statement, no action required.Ongoing 32 Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days from the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect. Descriptive statement, no action required.Ongoing U.S. ARMY CORPS OF ENGINEERS CLEAN WATER ACT SECTION 404 PERMITS No. 972020600-MAT The Carlsbad Golf project received the Incidental Take Permit from the U.S. Fish and Wildlife Service on December 06, 2004. Also, the U.S. Fish and Wildlife Service concurred on December 15, 2004 that the project is consistent with the Carlsbad Habitat Management Plan. Therefore, Special Condition 1 of the original permit, dated August 2, 2000, is no longer applicable. The permittee shall now impact no more than 0.91 acre of waters of the United States. Specifically, the permittee shall impact no more than 0.46 acre of wetland Waters of the U.S. and 0.45 acre of non-wetland Waters of the U.S. This replaces Special Condition 2 of the original permit, dated August 2, 2000. This amendment language modifies the original permit issued for the project Ongoing DUDEK 13 4821-00 July 27, 2006 i i mm • i r i n f i i r i 11 t i 11 ii 11 11 t i i i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE The permittee shall mitigate impacts to 0.91 acre of waters of the U.S. (including wetland and non-wetland waters) by the on-site creation of 1.83 acres of riparian habitat, in accordance with the City of Carlsbad Revised Golf Course Riparian Mitigation Plan, dated December 2003. This replaces Special Condition 3 of the original permit, dated August 2, 2000. The terms and conditions of Permit No, 972020600 -SMJ, except as changed herein, remain in full force and effect. General Conditions 1 2 3 4 5 6 The time limit for completing the authorized activity ends on August 2, 2005. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification from this permit from this office, which may require restoration of the area. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. You must allow representatives from this office to inspect the authorized The permit was amended by the Army Corps to change the completion date to August 8, 2007. The City of Carlsbad expects the project to be completed by this date. The project is under active construction and is being maintained in good condition and within the terms and conditions of the permit. Archaeological remains were discovered by the cultural resources monitor during project construction. The Army Corps was immediately notified. The archeological monitor documented the find and recovered artifacts. A final report is in preparation and artifacts are being prepared for storage. Descriptive statement, no action required. Descriptive statement, no action required. Descriptive statement, no action required. Ongoing Ongoing Ongoing Ongoing Ongoing Ongoing DUDEK 14 4821-00 July 27, 2006 ft •• i r i •i I t 1 II II II II II II II i i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions 1 The permittee shall obtain "take" authorization under the Endangered Species Act for any and all impacts to threatened or endangered species prior to initiating waters/wetlands impacts authorized by this IP. The permittee shall submit verification of compliance with this permit condition prior to initiating waters /wetlands impacts authorized by this IP. This authorization may be obtained by the following means: a) Adoption and approval of the City's Habitat Management Plan by the USFWS and CDFG. (the City would then issue their own take authorization), or b) Individual Section 10 permit issued by the USFWS. The City of Carlsbad issued an Incidental Take Permit under certified HMP on December 6, 2004. The USFWS concurred that the project is consistent with the HMP on December 15, 2004. The permit was amended by the Army Corps on January 5, 2005. Special Condition No. 1 is no longer applicable. Completed The permittee shall impact no more than 2.95 acres of waters of the United States (including wetlands and non-wetland waters). The permittee shall fence (with silt barriers) the limits of the construction corridor to prevent additional waters/wetlands impacts and the spread of silt from the construction zone into adjacent waters/wetlands. If waters/wetlands impacts occur outside these limits, all work shall cease, and the Corps shall be notified immediately. Any waters/wetlands impacts that occur outside the fenced and marked limits shall be mitigated at a minimum 5:1 ratio, and shall be subject to the requirements of all the special conditions listed below. The permit was amended by the Army Corps to change the impacts to no more than 0.91 acre of waters of the U.S., consisting of 0.46 acre of wetland waters of the U.S. and 0.45 acre of non-wetland waters of the U.S. The limits of work were fenced, but an unauthorized impact to wetlands occurred on September 28, 2005 when a heavy equipment operator opened up the orange construction fence and began clearing an area that was to be preserved. The City of Carlsbad immediately notified the Army Corps, as required by Special Condition No. 2. Plans are being prepared to mitigate for the unauthorized wetland impact and will be submitted to the Army Corps for approval. Ongoing The permittee shall mitigate impacts to 2.95 acres of waters of the United States (including wetlands and non-wetland waters) by a) creating 4.5 acres of riparian habitat on-site adjacent to the Cannon road riparian site and existing Macario Creek riparian corridor; and b) restoring/enhancing 4.0 acres of wetland habitat offsite at the Carltas site. Mitigation grading, planting, and irrigation shall begin prior to and/or concurrent with the planned date of initiating waters/wetlands impacts authorized by this IP. The City of Carlsbad plans to install the mitigation during the fall and winter months of 2006/7. Ongoing A final conceptual wetland mitigation plan based on the Carlsbad Golf Course Composite Wetlands Mitigation Plan (P&D Environmental Services, May 2000) shall be submitted to the Corps for review and approval 30 days prior to initiating waters/wetland impacts (cc: USFWS and EPA). The final conceptual plans shall be prepared in strict accordance with the Corps' Habitat Mitigation and Monitoring Proposal Guidelines (June 1,1993). In addition to the information presented in P&D's draft May 2000 mitigation plan, The City of Carlsbad Revised Golf Course Riparian Mitigation Plan, dated December 2003, was submitted and approved by the Army Corps. Dudek is preparing an addendum to the mitigation plan to add the mitigation for unauthorized impacts that occurred on September 28, 2005. Completed DUDEK 15 4821-00 July 27, 2006 i ii r i ii ii i i r i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE it is the Corp's understanding that the Carlsbad Golf on-site mitigation will conform, to the extent practicable, to the specifications outlined in the Cannon Road Mitigation Plan (specifically the "Addendum to the Conceptual, Mitigation Plan for Cannon Road Extension Project Reaches I and 2" dated February 20, 1998). The final conceptual mitigation plan shall include and incorporate all sections of the Canon Road mitigation plans that pertain to the Carlsbad Goff project. In addition, all addendums submitted to the Corps shall be included in the final conceptual plan. The final conceptual plan shall include details of the offsite restoration/enhancement including location, methods of removal, replanting strategies and techniques, success criteria (performance standards), monitoring/maintenance methods and schedules. Additional content and requirements for the final conceptual plan are listed below in special condition number five. The final conceptual plan shall be submitted as one complete and comprehensive document for Corps review 30 days prior to the planned date of initiating waters/wetlands impacts authorized by this IP. No impacts to waters/wetlands shall occur until after the Corps approves the conceptual plan. Final wetland construction plans, specifications and drawings based on the Corps-approved final conceptual wetland mitigation plan shall be submitted to the Corps for review and approval 10 days, prior to initiating wetland impacts. Final plans were submitted to the Army Corps for approval prior to the start of project construction. Dudek is preparing an addendum to the mitigation plan to add the mitigation for unauthorized impacts that occurred on September 28,2006. Completed Planting and irrigation shall not be installed until the Corps has approved the mitigation site grading. The permittee shall contact the Corps for verification of proper grading of the mitigation site a minimum of 15 days prior to the planned date of initiating planting. The City of Carlsbad plans to contact the Army Corps to approve mitigation site grading once breeding bird season calendar restrictions have passed and grading has been finished. Ongoing If changes are made to the mitigation design during its implementation, the permittee shall immediately notify the Corps. If changes are determined to be greater than minimal by the Corps, as-built drawings of the mitigation grading, planting, and irrigation shall be submitted to the Corps (cc: USFWS and EPA) within 30 days of implementing the redesigned mitigation. Changes to the configuration of the mitigation area have become necessary. Dudek discovered that part of the wetland mitigation area north of Golf Hole No. 12 overlapped with the Cannon Road mitigation area and another portion consisted of high quality native habitat occupied by the coastal California gnatcatcher. Dudek is preparing plans to account for onsite conditions encountered and propose replacement acreage. In addition, additional acreage has become necessary to mitigate for unauthorized wetland impacts and Dudek is preparing plans to add acreage. These plans will be submitted to the Army Corps. Ongoing The permittee shall staff a qualified biologist on site during all phases of construction and mitigation implementation to ensure compliance with the requirements of this permit, and shall produce a report that documents the The City hired Dudek to serve as the biological construction monitor for the project and notified the Army Corps. Dudek biological construction monitors have been present to monitor construction and will oversee installation of the mitigation. Dudek notified the Ongoing DUDEK 16 4821-00 July 27, 2006 f 1 f I ft A I 1 I J I I f 1 1 f 1 f 1 f i l f 1 f 1 f II • 1 CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE timing and events of the final implementation schedule. The permittee shall submit the biologist's name, address, telephone number, email address (if available), and work schedule on the project to the Corps prior to the planned date of initiating waters/wetlands impacts authorized by this IP. The permittee shall report any violation to the Corps within one day of its occurrence. Army Corps immediately when an unauthorized impact to wetlands occurred on September 28, 2005. The permittee shall submit a report to the Corps within 30 days of completion of waters/wetlands impacts authorized by this IP that documents compliance with all permit conditions. The report shall include photographs showing fenced and marked limits of impacts to all Corps jurisdictional areas, as-built construction drawings and a summary of all project activities. No action required on this item until completion of jurisdictional impacts.Ongoing 10 The permittee shall not remove/impact vegetation from development areas from March 15 to September 15 to avoid impacts to nesting birds. Any habitat restoration and creation activities also shall be timed to avoid disturbance of Federally-listed and other migratory nesting birds (i.e., avoid disturbance from March 15 through September 15). However, the permittee may be authorized to remove/impact vegetation within development and restoration areas during this time if a qualified biologist surveys the proposed work area immediately prior to the vegetation removal and concludes that no impacts to nesting birds will occur. The results of the survey shall be provided to the Corps for review and approval prior to initiation of vegetation removal. A qualified biologist shall monitor the vegetation removal to ensure that no impacts to nesting birds will occur. No vegetation removal is being done between March 15 and September 15. Dudek monitored the clearing of all vegetation associated with this project, with the exception of the unauthorized wetland impact that occurred on September 28, 2005. Clearing activity on manufactured slopes along the east side of College Avenue was preceded by a nesting bird survey. Ongoing 11 The permittee shall ensure that water quality is maintained within the channel at and downstream of the project site by incorporating appropriate design elements into the project (e.g., maintaining a soft bottom channel, installing detention basins, etc.) The City of Carlsbad incorporated design elements to maintain water quality.Completed 12 The permittee shall preserve in perpetuity all mitigation areas by placing a biological conservation easement in favor of an agent approved by the Corps on these areas. The permittee shall submit a draft easement to the Corps prior to initiating wetland impacts. The form and content of the easement shall follow the enclosed example, and must be approved by the Corps prior to its execution. The easement shall state clearly that no other easements or activities that would result in soil disturbance and/or vegetation removal, except as approved by the Corps, shall be allowed within the biological conservation easement area. The permittee shall submit the final easement A conservation easement via an "irrevocable offer to dedicate" to both CDFG and USFWS was prepared by the City of Carlsbad and recorded over all mitigation lands within the project boundaries prior to issuance of the CDP by CCC and prior to the beginning of construction. Completed DUDEK 17 4821-00 July 27, 2006 •M mm mm « I i I I I I I 1 I 1 I 1 f 1 I I f 1 f 1 f 1 f 1 t 1 Kl CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE within 10 days of receiving Corps approval of the draft easement. CITY OF CARLSBAD ENDANGERED SPECIES ACT INCIDENTAL TAKE PERMTT No, HMP 04-01 The applicant shall comply with all conditions of approval and mitigation measures contained in CUP 97-07, EIR 97-01, and Coastal Development Permit A-6-CII-00-87 issued by the Coastal Commission. The applicant shall comply with all applicable provisions of the approved Habitat Management Plan. See attached Findings. The City of Carlsbad is complying with the conditions of CUP 97-07, EIR 97-01, and Coastal Development Permit A-6-CII-00-87 STATE WATER RESOURCES CONTROL BOARD (SWRCB) ORDER NO. 99-08-DWQ NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT NO. CAS000002 Discharge Prohibitions 1 2 3 4 Authorization pursuant to this General Permit does not constitute an exemption to applicable discharge prohibitions prescribed in Basin Plans, as implemented by the nine RWQCBs. Discharges of material other than storm water which are not otherwise authorized by an NPDES permit to a separate storm sewer system (MS4) or waters of the nation are prohibited, except as allowed in Special Provisions for Construction Activity, C.3. Storm water discharges shall not cause or threaten to cause pollution, contamination, or nuisance. Storm water discharges regulated by this General Permit shall not contain a hazardous substance equal to or in excess of a reportable quantity listed in 40 CFR Part 1 1 7 and/or 40 CFR Part 302. Descriptive statement, no action required. Descriptive statement, no action required. Any discharges of material other than storm water were de minimis in nature. The RWQCB filed an ACL against the City and found the City had failed to implement the SWPPP by failing to install and adequately maintain BMPs for at least 20 days, October 1, 2005 through October 20, 2005. The RWQCB also found that the project SWPPP was generic and inadequate for a project of 400 acres. BMPs were subsequently installed and maintained throughout the rainy season. Any storm water discharges that caused or threatened to cause pollution, contamination, or nuisance were de minimis in nature. Descriptive statement, no action required. There have been no discharges containing hazardous substances equal to or in excess of a reportable quantity listed in CFR Part 117 and/or 40 CFR Part 302. Ongoing Ongoing Ongoing Ongoing Receiving Water Limitations 1 2 Storm water discharges and authorized nonstorm water discharges to any surface or ground water shall not adversely impact human health or the environment. The SWPPP developed for the construction activity covered by this General There have not been any storm water discharges, nor authorized non-storm water discharges to any surface water or ground water that would adversely impact human health or the environment. The RWQCB filed an ACL against the City and found the SWPPP to be inadequate, but Ongoing Ongoing DUDEK 18 4821-00 July 27, 2006 r i ii 11 fi t i ii t i ii i i 11 11 11 r i 11 r i t • CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE 3 Permit shall be designed and implemented such that storm water discharges and authorized nonstorm water discharges shall not cause or contribute to an exceedance of any applicable water quality standards contained in a Statewide Water Quality Control Plan and/or the applicable RWQCB's Basin Plan. Should it be determined by the discharger, SWRCB, or RWQCB that storm water discharges and/or authorized nonstorm water discharges are causing or contributing to an exceedance of an applicable water quality standard, the discharger shall: a. Implement corrective measures immediately following discovery that water quality standards were exceeded, followed by notification to the RWQCB by telephone as soon as possible but no later than 48 hours after the discharge has been discovered. This notification shall be followed by a report within 14-calender days to the appropriate RWQCB, unless otherwise directed by the RWQCB, describing (1) the nature and cause of the water quality standard exceedance; (2) the BMPs currently being implemented; (3) any additional BMPs which will be implemented to prevent or reduce pollutants that are causing or contributing to the exceedance of water quality standards; and (4) any maintenance or repair of BMPs. This report shall include an implementation schedule for corrective actions and shall describe the actions taken to reduce the pollutants causing or contributing to the exceedance. b. The discharger shall revise its SWPPP and monitoring program immediately after the report to the RWQCB to incorporate the additional BMPs that have been and will be implemented, the implementation schedule, and any additional monitoring needed. c. Nothing in this section shall prevent the appropriate RWQCB from enforcing any provisions of this General Permit while the discharger prepares and implements the above report. no unauthorized discharges were found to have occurred. The SWPPP was updated and the BMPs improved following issuance of the ACL. Descriptive statement, no action required. No storm water or authorized non-storm water discharges have been found to exceed water quality standards, to date. No storm water or authorized non-storm water discharges have been found to exceed water quality standards, to date. The SWPPP and BMPs were modified following the ACL filed by the RWQCB. Descriptive statement, no action required. No storm water or authorized non-storm water discharges have been found to exceed water quality standards, to date. Ongoing Ongoing Ongoing Ongoing Special Provisions For Construction Activity 1 2 All dischargers shall file an NOI and pay the appropriate fee for construction activities conducted at each site as required by Attachment 2: Notice of Intent- General Instructions. All dischargers shall develop and implement a SWPPP in accordance with The RWQCB filed an ACL against the City for failure to file an NOI as required. The City subsequently filed an NOI and paid the applicable fees on October 17, 2005, 39 days after the start of construction. The RWQCB filed an ACL against the City and found the City had failed to implement Completed Ongoing DUDEK 19 4821-00 July 27, 2006 ii 11 11 ii it 11 11 11 ii r i 11 11 r i • i i i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE Section A: Storm Water Pollution Prevention Plan. The discharger shall implement controls to reduce pollutants in storm water discharges from their construction sites to the BAT/BCT performance standard. the SWPPP by failing to install and adequately maintain BMPs for at least 20 days, October 1, 2005 through October 20, 2005. The RWQCB also found that the project SWPPP was generic and inadequate for a project of 400 acres. BMPs were subsequently installed and maintained throughout the rainy season. Discharges of non-storm water are authorized only where they do not cause or contribute to a violation of any water quality standard and are controlled through implementation of appropriate BMPs for elimination or reduction of pollutants. Implementation of appropriate BMPs is a condition for authorization of non-storm water discharges. Non-storm water discharges and the BMPs appropriate for their control must be described in the SWPPP. Wherever feasible, alternatives which do not result in discharge of nonstorm water shall be implemented in accordance with Section A.9. of the SWPPP requirements. There has not been any non-storm water discharge associated with this project, to date.Ongoing All dischargers shall develop and implement a monitoring program and reporting plan in accordance with Section B: Monitoring Program and Reporting Requirements. The City developed and implemented a monitoring program and reporting plan, as required. Ongoing All dischargers shall comply with the lawful requirements of municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water to separate storm sewer systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs developed to comply with NPDES permits issued by the RWQCBs to local agencies. The City has complied with the requirements of this provision.Ongoing All dischargers shall comply with the standard provisions and reporting requirements contained in Section C: Standard Provisions. The RWQCB filed an ACL against the City for failure to file an NOI as required. The City subsequently filed an NOI and paid the applicable fees on October 17, 2005, 39 days after the start of construction. The ACL also found the SWPPP had not been properly implemented by the October 1, 2005, deadline, and that the SWPPP was generic and inadequate for a project of 400 acres. The BMPs were subsequently installed and maintained throughout the rainy season. Ongoing The discharger may terminate coverage for a portion of the project under this General Permit when ownership of a portion of this project has been transferred or when a phase within this multi-phase project has been completed. When ownership has transferred, the discharger must submit to its RWQCB a Change of Information Form (COI) Attachment 4 with revised site map and the name, address and telephone number of the new owner(s). Upon transfer of title, the discharger should notify the new owner(s) of the need to obtain coverage under this General Permit. The new owner must comply with Descriptive statement, no action required.Ongoing DUDEK 20 4821-00 July 27, 2006 ** ii fi ii 11 ii ri ri ri ri r i • i t i * i * i CARLSBAD MUNICIPAL GOLF COURSE PROJECT PERMIT CONDITIONS COMPLIANCE 8 9 provisions of Sections A. 2. (c) and B. 2. (b) of this General Permit. To terminate coverage for a portion of the project when a phase has been completed, the discharger must submit to its RWQCB a COI with a revised map that identifies the newly delineated site. The discharger may terminate coverage under this General Permit for a complete project by submitting to its RWQCB a Notice of Termination Form (NOT), and the post-construction BMPs plan according to Section A.10 of this General Permit. Note that a construction project is considered complete only when all portions of the site have been transferred to a new owner; or the following conditions have been met: a. There is no potential for construction related storm water pollution, b. All elements of the SWPPP have been completed, c. Construction materials and waste have been disposed of properly, d. The site is in compliance with all local storm water management requirements, and e. A post-construction storm water management plan is in place as described in the site's SWPPP. This General Permit expires five years from the date of adoption. The City will file a NOT once the project has been completed and the conditions met. The City will file a NOT once the project has been completed and this condition has been met. The City will file a NOT once the project has been completed and this condition has been met. The City will file a NOT once the project has been completed and this condition has been met. The City will file a NOT once the project has been completed and this condition has been met. The City will file a NOT once the project has been completed and this condition has been met. Descriptive statement, no action required. Ongoing Ongoing Ongoing Ongoing Ongoing Ongoing DUDEK 21 4821-00 July 27, 2006 ATTACHEMENT 2I Site Observation Reports mm 1 mm mi c DUDEK &ASSOCIATES SITE OBSERVATION REPORT 60S Third Street 760-942-5147 Enmitas, CA 92024 Fax 760-632-0164 A California Corporation Project: Carlsbad City Golf Course Project COPY Report No.: 63 Job No.: 4821-02 I I I Owner:City of Carlsbad Project Manager: John Przybyszewski Contractor: Client Rep: Monitor: Sema Construction John Cahill Doug Gettinger Date: Day Weather Temp. 2-17-06 Time: 7:00am -3:oopm s M T W T F X S sunny cloudy X overcast rain <55 55-70 X 70-85 >85 Field Notes/Activities/Observations: m m m m PL I I p 1. Dudek Environmental monitor Doug Gettinger was onsite to monitor vegetation clearing at the wetland mitigation area north of the Hole No. 12 tees, and to review all environmental and BMP issues. The site appears to be in good condition overall and I drove around the site to check how the erosion control looked. 2. Rain is forecast for the weekend and a crew was addressing erosion control BMPs in advance of the storm. 3. Dudek met with Wadsworth to begin clearing vegetation in the area north of Hole 12. The surveyors have staked the area, but we couldn't see all the stakes. A D-6 bulldozer entered the area off the old farm road from near the 12th tee and began brushing an area of mustard and other weeds. We began clearing the area, but soon discovered that something was not right. There were survey stakes well out in the Cannon Road Mitigation Area and the area to the north was mature coastal sage scrub, it was not disturbed former agricultural land. I instructed the contractor to just clear the area that was obviously weeds and leave the rest until we could investigate the situation further. Once this small area was cleared I told them to go back to their regular work. The area cleared was probably in the range of 1/a to % acre. 4. I went to the office and picked up a GPS unit, then returned to the site. I GPS'd the edge of the Cannon Road mitigation area with a line and created a polygon around the coastal sage scrub. The edge of the mitigation area was obvious as there were still a few sprinkler heads and valve boxes present, and the vegetation was obviously different. I heard a gnatcatcher in the coastal sage while GPSing, but couldn't see it due to the density and height of the vegetation. This coastal sage patch is not new and has been here for a long time. It was not within the former agricultural area, at least as it existed in the late 1990's. There is also a patch of mule fat scrub along a drainage within the coastal sage scrub patch, but I did not GPS it because the vegetation is so tall and dense and due to time constraints. The fence around the agricultural land is still present, it's a wire fence with silt fabric at the base, and I remember this coastal sage patch with the mule fat scrub within it from when I was monitoring construction of the Cannon Road bridge in the late 1990's. I stopped by the construction trailer and notified John P., George, John Cahill, and Skip, who were all there at the time. Mike Sweesy had already spoken with them by phone, so they knew there was some sort of problem that will have to be investigated further. DUDEK &ASSOCIATES SITE OBSERVATION REPORT 60S Third Street Enrah/tas, CX 9?024 760-942-5147 Fax 760-632-0164 A California Corporation 5. Upon return to the office the data was downloaded and overlaid on an aerial map with the mitigation area polygon shown. About half of the golf course mitigation area overlays the Cannon Road mitigation area, and another quarter or so is the existing coastal sage scrub patch with the mule fat scrub patch within it. 6. Mike Sweesy and I returned to the site in the afternoon to review the matter. It appears that most of this mitigation area is unusable for mitigation as it was planned. This matter will be discussed at an already planned meeting Monday morning that Mike Sweesy will be attending regarding golf course issues. 7. Some photos were taken to document the visit. c c p* E Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek & Associates, Inc. 4) Deb Maher, Dudek & Associates, Inc. Signed:2/20/2006 SucftSettirfaer EnvironmenjalConstructioiyMonitor Dudek & Associates, Inc. - m M m M 1 I D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CA 92024 T 800.450.1818 F 760.632.0164 Project:Carlsbad City Golf Course Project Report No.:64 Job No.4821-02 Owner:City of Carlsbad Date:3-13-06 Time: 7:00am - 7:30 pm Project Manager: John Przybyszewski Contractor: Client Rep: Monitor: Sema Construction John Cahill Stuart Fraser Day Weather Temp. s M X T W T F S sunny cloudy X overcast rain <55 55-70 X 70-85 >85 Field Notes/Activities/Observations: 1. Dudek Environmental monitor Stuart Fraser was onsite to conduct environmental training for Wadsworth Employees. Dudek discussed the training briefly to Casey and Scott of Wadsworth and then addressed the group. Training consisted of the following topics: a. Limits of access restricted to the limits of the currently graded areas. Employees are restricted from crossing construction fencing, areas where construction fencing previously existed but had been removed, and all areas not disturbed by grading activities. b. No smoking allowed on the site. c. Threatened and endangered species and sensitive habitat exist onsite. d. Access of sensitive areas limited to biological monitor or persons accompanied by biological monitor. e. Report if any environmental impact has occurred immediately to your supervisor. 2. A sheet was signed by all people in attendance. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed:Date: 3/14/2006 Stuart Fraser Environmental Construction Monitor Dudek. D U D E K SITE OBSERVATION REPORT 605 THIRD STREET FNCINITAS, CA 92024 00.450.1818 F 760.632.0164 COPY Project: Owner: Carlsbad City Golf Course Project City of Carlsbad Report No.: 65 Job No.: 4821-02 Date:3-30-06 Time: 9:15-11:45 am Project Manager: John Przybyszewski Contractor: Client Rep: Monitor: Sema Construction JohnCahill Doug Gettinger Day Weather Temp. s M T W T X F S sunny X cloudy X overcast rain <55 55-70 X 70-85 >85 Id Notes/Activities/Observations: 1. Dudek Environmental monitor Doug Gettinger visited the site to check on erosion control BMPs following approximately one-half inch to one inch of rain that fell mostly overnight Tuesday into Wednesday morning. John P. met with the contractors prior to the storm to make sure they were prepared and had inspected the BMPs and made any necessary repairs. 2. The project is generally in good condition following the rain, with only minor maintenance items noted for erosion control measures. They are listed below and some representative photos are attached for reference. 3. The farm road crossing needs a fresh layer of rock to make sure mud is out of the creek. The farm road crossing is currently muddy and this mud could be washed into the creek if another big storm arrives. 4. The concrete v-ditches need to have soil removed from them wherever it has collected and the gravel bags dressed up to make sure sediment does not enter the storm drain inlets. 5. All storm drain inlets and outlets should be inspected and beefed up as needed to keep sediment out of the storm drains. 6. There are several locations where water is running down the slope under the plastic instead of over it, causing gullies to begin forming and washing sediment down the slopes. One location is off the industrial pad on the east side of College near the intersection of Palomar Point Way, others are along Hole 16. These need to be repaired so water does not flow under the plastic. Sediment that has washed down to the bottom of the slopes should be cleaned up. The gullies need to be filled and compacted when the plastic is removed. 7. Sediment that has collected along the silt fences needs to be removed. The silt fences have fallen over in a few spots and should be repaired wherever necessary. 8. The tire wash hose at the Hidden Valley Road entrance did not have any water when it was checked. 9. Not all construction entrances have rumble strips. Some of the rumble strips at the Hidden Valley Road entrance are pushed to the side and non-functional. D U D E K SITE OBSERVATION REPORT 605 THIRD STREET FNCINITAS, CA 92024 00.450.1818 F 760.632.0164 10. Mud was observed being tracked onto College Boulevard off the industrial pad on the west side where the crib wall is being constructed. 11. The SDGE road going down the hill by the construction trailer and below the plastic covered slope is eroding and a gully is forming from all the extra water flowing off the slope. This needs attention to prevent further erosion of the road. 12. Dudek will inspect erosion control BMPs following the next significant rain storm. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed:3/30/2006 DUig Ganger Environmental Construdtio/i Monitor Dudek. v / / -• *£fj «-, I I I I I I I I I I I I I I V* . -. • . s • / - -> ;•>*•'•: / '' -r : v (0 I I I I I I I I I I I I ,~ r»?*»..^MeC^-C: ji--v/'- • $» k . * \l-<£rtM^ «AQar is > „ (. , ..-7 ,rr- • -K; • ' i •••.*- - •. W - ,|;; W V - V, v - : . D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ' 'CINITAS, CA 92024 , oOO.450.1818 F 760.632.0164 COPY Project:Carlsbad City Golf Course Project Report No.66 Job No.4821-02 Owner:City of Carlsbad Date:4-3-06 Time:6:30 - 6:50 am Project Manager: John Przybyszewski Contractor: Client Rep: Wadsworth Construction Day Weather s M X T W T F S John Cahill sunny X cloudy overcast rain Monitor:Doug Gettinger Temp.<55 55-70 X 70-85 >85 •eld Notes/Activities/Observations: 1. Dudek Environmental monitor Doug Gettinger visited the site for an environmental training session with the Wadsworth crew. They have quite a few new workers, most of them Spanish speaking. Wadsworth had one of their workers translate my comments. I discussed the need to stay within the limits of work because of protected sensitive environmental habitat and birds. I also told them that they aren't to smoke in this area, as there had been a fire problem before the rains came. I told them to stop work and ask if they have aren't sure about something. There were no questions this morning. 2. Scott from Wadsworth provided me with a copy of their sign-in sheet with everyone in attendance named. 3. I stopped by the construction trailer and checked in with John P. and George. 4. The erosion control crew is being called out for a day of maintenance as rain is in the forecast. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed: 3ug Enviroi Dudek Date: 4/3/2006 linger I r hental Conittuction Monitor D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CA 92024 T 800.450.1818 F 760.632.0164 Project: Owner: Carlsbad City Golf Course Project Report No.: City of Carlsbad Date: COPY 67 Job No.:4821-02 4-4-06 Time:6:30 am - 5:00 pm Project Manager: John Przybyszewski Contractor: Client Rep: Monitor: Wadsworth Construction John Cahill Marc Doalson Day Weather Temp. s M T X W T F S sunny cloudy X overcast rain X <55 55-70 X 70-85 >85 Field Notes/Activities/Observations: 1. Dudek Environmental monitor Marc Doalson visited the site to monitor the drill rig crew for soil testing associated with the proposed bridges over Macario Creek. Straw waddles were obtained during the drilling process to be installed in case groundwater came up through the drill holes. Three sites were identified; the farm road, adjacent to the 13th fairway south of the creek, and adjacent to the 14th fairway north of the creek. 2. There were no issues with drilling in the farm road. Straw wattles were installed to prevent silted groundwater from entering Macario Creek. 3. There were no issues with drilling south of the creek adjacent to the 13th fairway. Straw wattles were installed to prevent silted groundwater from entering Macario Creek. 4. Heavy rainfall prevented the commencement of drilling north of the creek and adjacent to the 14th fairway. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed:Date: 4/19/2006 /larc Doalson Environmental Construction Monitor Dudek. D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CA 92024 00.450.1818 r 760.632.0164 Project:Carlsbad City Golf Course Project COPY Report No.: 67 Job No.: 4821-02 Owner:City of Carlsbad Date:4-17-06 Time: 10:30-2:30 am Project Manager: John Przybyszewski Contractor: Client Rep: Monitor: Wadsworth Construction John Cahill Stuart Fraser Day Weather Temp. s M T X W T F S sunny X cloudy overcast rain <55 55-70 X 70-85 >85 d Notes/Activities/Observations: 1. Dudek Environmental monitor Stuart Fraser visited the site to stake the limits of the HMP boundary at two locations on the Carlsbad Golf Course. Dudek met with John Przybyszewski and verified the limits of the HMP boundary which were to be staked. The limits were verified on the current grading plan. The locations staked included a section east of the proposed lake adjacent to College Ave. and the 18th Hole, and an HMP polygon between the 12th hole and Faraday Ave. 2. Lath stakes were used to stake the boundary defined in the digitally provided HMP polygons. Dudek utilized GPS technology to locate the established boundary. The lathing was marked with two red stripes. John Przybyszewski. reviewed the staking limits adjacent to the lake with Dudek. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek Deb Maher, Dudek Signed:Date: 4/18/2006 StuarTFraser Environmental Construction Monitor Dudek D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CA 92024 T 800.450.1818 F 760.632.0164 COPY Project:Carlsbad City Golf Course Project Report No.: 68 Job No.: 4821-02 Owner:City of Carlsbad Date:4-25-06 Time: 10:30-2:30 am Project Manager: John Przybyszewski Contractor: Client Rep: Wadsworth Construction Day Weather s M T W X T F S John Cahill sunny X Cloudy overcast rain Monitor:Stuart Fraser Temp.<55 55-70 X 70-85 >85 Field Notes/Activities/Observations: 2. Dudek Environmental monitor Stuart Fraser visited the site to deliver a map which included recommended areas for soil sampling in the proposed restoration areas, and to monitor trackwalking in one area of the proposed restoration area. Dudek met with John Przybyszewski and reviewed the map which included the Dudek recommended soil sampling locations, and the area Wadsworth requested to trackwalk. Trackwalking the existing slope was planned by Wadsworth to test the effectiveness of prepping the site for revegetation. Dudek met with Casey (Wadsworth) and discussed the area requested for the test trackwalk. Based on the results of a nesting bird survey, conducted by Tricia Wotipka (Dudek), Dudek and Wadsworth selected a slope adjacent to the 1st hole. Trackwalking was monitored by Dudek for the duration of the activity. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed:Date: 5/01/2006 Stuartfraser Environmental Construction Monitor Dudek D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CA 92024 T 800.450.1818 F 760.632.0164 Project:Carlsbad City Golf Course Project Report No.:69 Job No.4821-02 Owner:City of Carlsbad Date:5-02-06 Time:7:00 am - 2:00 pm Project Manager: John Przybyszewski Contractor: Client Rep: Wadsworth Construction Day Weather s M T X w T F S John Cahill sunny Cloudy overcast X rain Monitor:Doug Gettinger Temp.<55 55-70 X 70-85 >85 Field Notes/Activities/Observations: 1. Dudek Environmental monitor Doug Gettinger was onsite today to monitor excavation for the Bridge "D" footings. Gallegos and Associates monitors are also onsite as the excavation area is part of a known archeological site. Gallegos has dug a test pit in the area and recovered some resources. 2. The surveyors staked the area the geologists wanted excavated for the footings, an area 20 by 30 feet for each footing. This area extends out into the creek, so after discussions with Wadsworth, they will leave the vertical channel bank in place and excavate behind it. It they later need to remove the channel bank, they will be able to pull it back into the area that has been excavated, avoiding fill from falling into the creek. 3. Potential human remains were discovered during the excavation. A jaw fragment with teeth was taken to the Natural History Museum for positive identification as human remains. Work continued on the excavation, but leaving the potential burial sites undisturbed. 4. After digging down about 17 feet and not hitting formational material, the geologists indicated they may need to switch the footing design and place piles. With the potential burial sites and the unresolved bridge footing issue, work was suspended. 5. Dudek shall return Thursday morning for the water quality monitoring well installation. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed:Date: 5/03/2006 Doug G0Jfmger Environmental Construction Monitor Dudek D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CA 92024 T 800.450.1818 F 760.632.0164 Project:Carlsbad City Golf Course Project Report No.:70 Job No.4821-02 Owner:City of Carlsbad Date:5-05-06 Time: 7:00 am - 7:00 pm Project Manager: John Przybyszewski Contractor: Client Rep: Wadsworth Construction John Cahill Day Weather s M T W T F X S sunny X Cloudy overcast X rain Monitor:Doug Gettinger Temp.<55 55-70 X 70-85 >85 Field Notes/Activities/Observations: 1. Dudek Environmental monitor Doug Gettinger was onsite today with Torin Snyder of Dudek, and Dennis Gallegos of Gallegos and Associates, to monitor the drillers installing the three monitoring wells on the golf course. I was there to monitor the wells near wetland habitat. Dennis Gallegos monitored drilling the upper levels of the two wells by Hole 15, which is an archeological site. 2. Everything went more or less as anticipated. Wadsworth came to grade pads for the two wells by Hole 15, as the existing grade was not suitable for the rig. 3. Ground water was encountered at about 15 feet deep at the upstream location and at about 20 feet at the downstream location. Both locations are in close proximity to the creek. 4. We will return to collect the first water quality monitoring samples later. 5. Dudek recommends that the well locations be surveyed for X, Y, and Z coordinates when the surveyors are in the area doing work. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed: Dougfieittinger Envirpn^ental Dude Date: 5/11/2006 Con; D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CA 92024 T 800.450.1818 F 760.632.0164 COPY Project:Carlsbad City Golf Course Project Report No.:71 Job No.:4821-02 Owner:City of Carlsbad Date:5-15-06 Time: 7:45 am -11:00 am Project Manager: John Przybyszewski Contractor: Client Rep: Wadsworth Construction Day Weather s M X T W T F S John Cahill sunny Cloudy overcast X rain Monitor:Doug Gettinger Temp.<55 55-70 X 70-85 >85 Field Notes/Activities/Observations: 1. Dudek Environmental monitor Doug Gettinger was onsite today to monitor Wadsworth while they moved the orange construction fence for the bridge abutments for Bridge C. The fence was moved so that it is within the mitigation area by Bridge C and still protects the wetland. The area within the work area is all weeds, such as bristly ox-tongue and mustard. The orange fence was also moved on the southwestern half of Bridge E so that the bridge footing can be accommodated. 2. Everything went smoothly. Wadsworth will come back and install silt fence along the orange fence where they have moved it. We did not place any fence below the Bridge E location because of the steep rocky drop-off. I will return in the morning to monitor the vegetation clearing at this location. 3. The north end of the easternmost bridge abutment for Bridge B sticks out beyond the orange construction fence. This is mitigation area, so we can move the fence out here to accommodate digging this as well. 4. We saw a rattlesnake by Bridge C and shooed it into the creek habitat. Wadsworth workers were warned to be careful and on the lookout for snakes while working at the site. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed:5/15/2006 Dudek mi D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CA 92024 T 800.450.1818 F 760.632.0164 Project: COPY Carlsbad City Golf Course Project Report No.:71 Job No.:4821-02 c Owner:City of Carlsbad Project Manager: John Przybyszewski Contractor: Client Rep: Wadsworth Construction Date: Day Weather 5-18-06 Time: 1:00-3:00 pm s M T W T X F S John Cahill sunny Cloudy overcast X rain I I Monitor:Marc Doalson Temp.<55 55-70 X 70-85 >85 Field Notes/Activities/Observations: 1. Dudek Environmental monitor Marc Doalson met with John P. and Casey to review clearing of non-native vegetation on an existing farm road between the 5lh and 6th holes with existing southern maritime chaparral adjacent to the road. 2. Work consisted of removing the existing silt and snow fencing, scraping of the ground to remove all non-native plant species within the confines of the farm road and adjacent non-native grassland, filling of a small (approximately 6" deep) rill, and knocking down as much as possible an approximately 2-foot high berm on the eastern portion of the road. 3. The crew was compliant with environmental concerns and followed directions well. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed:Date: 5/24/2006 terc Boalson Environmental Construction Monitor Dudek D U D E K SITE OBSERVATION REPORT 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 800.450.1818 F 760.632.0164 COPY Project:Carlsbad City Golf Course Project Report No.: 72 Job No.:4810-03 Owner:City of Carlsbad Date:5-16-06 Time: 7:30 am -10:30 am Project Manager: John Przybyszewski Contractor: Client Rep: Wadsworth Construction Day Weather s M T X w T F S John Cahill sunny Cloudy overcast X rain Monitor:Doug Gettinger Temp.<55 55-70 X 70-85 >85 Field Notes/Activities/Observations: 1. Dudek Environmental monitor Doug Gettinger was onsite today to check that Wadsworth finished putting up the silt fence around the newly moved orange construction fence at Bridges C and E. Everything looked to be in order. The bridge contractor was going to start excavating for the bridge abutment footings as soon as the surveyors were finished laying out the footing locations. 2. Doug sat in on a portion of the weekly construction meeting with the City. Among the items discussed were grading of the wetland mitigation area by Hole 12, getting a schedule from American Landscape for their mitigation installation so we may schedule nesting bird surveys, potential environmental issues with the deletion of Bridge C in favor of improving the existing road crossing to an Arizona crossing, the crib wall irrigation plans, removing exotics in the creek corridor, timing for the removal of the orange construction fence throughout the golf course. 3. Doug salvaged several lady fingers (Dudleya edulis) that are growing within the footprint for Bridge E. These can be replanted once the bridge work is completed. 4. Doug let everyone know that he will be out of town for work and vacation from May 22 until June 6. Mike Sweesy should be contacted for all issues during that time. Distribution: 1) John Przybyszewski, Heinbuch Golf, LLC 2) John Cahill, City of Carlsbad 3) George Litzinger, Dudek 4) Deb Maher, Dudek Signed:Date: 5/16/2006 Envin Dudek Construction Monitor