HomeMy WebLinkAbout6618; AGUA HEDIONDA STREAMBANK RESTORATION; Sunny Creek Restoration Jurisdictional Delineation - Final; 2015-11-02
Technical Memorandum
AECOM
401 West A Street
Suite 1200
San Diego, CA 92101
www.aecom.com
619.610.7600 tel
619.610.7601 fax
To Sherri Howard
CC Michelle Fehrensen
Subject City of Carlsbad Sunny Creek Streambank Restoration Project Jurisdictional Delineation
From Michelle Maloney
Date November 2, 2015
This technical memorandum summarizes the findings of a jurisdictional delineation conducted in support of the City of Carlsbad’s proposed Sunny Creek Streambank Restoration Project
(proposed project). AECOM biologists Lanika Cervantes and Bonnie Hendricks conducted the jurisdictional delineation within the proposed project area and an approximately 50-foot buffer
around the project footprint.
Project Background
The proposed repair project will involve replacing the riprap to stabilize the creek banks. The
added reinforcement will slightly exceed the footprint of the existing riprap. The addition of boulder step pools and three bioengineered crib walls will encroach into potential jurisdictional
waters to stabilize the eroded channel banks while providing restored habitat plantings. The
project is located within Agua Hedionda Creek within the City of Carlsbad, San Diego County, California (Figure 1). All figures can be found in Attachment A.
Methodology Pre-survey Desktop Investigation
The purpose of a pre-survey desktop investigation is to obtain contextual information relevant to the site to be surveyed, which may not be evident from the ground during field surveys. For this
pre-survey investigation, the following sources were consulted to gain a better understanding of
the physical and hydrologic setting of the site:
• Soils data were obtained through the California Soil Resources Lab streaming soil data (CSRL 2011) in Google Earth™.
• The National Wetlands Inventory (NWI) map (USFWS 2011) was reviewed in Google Earth™ to determine if wetlands had been previously mapped in this area.
• The site was reviewed for blue line data and watershed detail using the National Hydrography Dataset (NHD) for San Diego County (USGS 2011) superimposed over
current aerial imagery through Google Earth™.
Subject: City of Carlsbad Sunny Creek Streambank Restoration Project Jurisdictional Delineation
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Field Survey
AECOM biologists Lanika Cervantes and Bonnie Hendricks conducted a field survey on October 20, 2014, to map vegetation communities and cover types and delineate waters under
the jurisdiction of the U.S. and state. The survey area included the proposed project area and a
50-foot buffer.
Vegetation Communities and Cover Types
Vegetation communities and cover types were mapped within the survey area during the field survey using a 1” = 25’ aerial photograph. A submeter Trimble global positioning system unit
was used to mark and refine the mapped boundaries between vegetation communities, as well
as to accurately record sampling point locations and jurisdictional wetland boundaries. The vegetation was mapped according to the modified Holland classification system (Oberbauer et
al. 2008).
Waters of the U.S.
U.S. Army Corps of Engineers (USACE) jurisdictional wetlands were delineated in accordance with the methodology described in the following documents:
• Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987)
• Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (Environmental Laboratory 2008)
The 1987 manual and the 2008 Arid West Supplement provide technical guidelines and methods for the three-parameter approach to determining the location and boundaries of
jurisdictional wetlands. This approach requires that an area support positive indicators of
hydrophytic vegetation, hydric soils, and wetland hydrology to be considered a jurisdictional wetland.
Potential federal waters in the form of “other waters” (as defined by 33 Code of Federal Regulations [CFR] 328) were delineated pursuant to the following documents:
• A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid
West Region of the Western United States: A Delineation Manual (USACE 2008)
• Review and Synopsis of Natural and Human Controls on Fluvial Channel Processes in
the Arid West (USACE 2007)
Subject: City of Carlsbad Sunny Creek Streambank Restoration Project Jurisdictional Delineation
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Waters of the State
California Department of Fish and Wildlife
All potential jurisdictional waters of the state were delineated to their jurisdictional limits as
defined by the appropriate state regulations. Jurisdictional waters of the state include those waters listed in California Fish and Game Code (CFGC) Section 1600 et seq. and is based on
Title 14 California Code of Regulations 720, which designates waters of the state regulated by the
California Department of Fish and Wildlife (CDFW) to be: “…all rivers, streams, lakes, and streambeds in the State of California, including all rivers, streams, and streambeds which may
have intermittent flows of water.”
In addition, CDFW implements the U.S. Fish and Wildlife wetland definition and classification
system, which is based on the Classification of Wetland and Deepwater Habitats of the United
States (Cowardin et al. 1979). Therefore, for jurisdictional waters of the state under the regulatory administration of CDFW (e.g., CFGC Section 1600 et seq. [waters associated with a
stream, a lake, and potentially a swale feature]), the presence of one parameter (e.g., wetland
hydrology, hydric soils, or hydrophytic vegetation) is required for an area to qualify as a jurisdictional water of the state in the form of a wetland. In practice, CDFW usually extends its
jurisdictional limit to the top of a stream, the bank of a lake, or the outer edge of the riparian vegetation, whichever is wider.
Regional Water Quality Control Board
San Diego Regional Water Quality Control Board (RWQCB) jurisdictional boundaries were
delineated identically to those of USACE using the methodology noted above. All delineated aquatic features occurring within the survey area may fall under the regulatory administration of
RWQCB if it is determined that the delineated aquatic features present “beneficial use” as
outlined in the Water Quality Control Plan for the San Diego Basin (Basin Plan) (RWQCB 1994).
Results
This section presents the field results with respect to vegetation, soils, and hydrology. The mapped vegetation communities, potential jurisdictional status, and photo and sampling point
locations are displayed in Figure 2 in Attachment A. Representative photographs of the
delineated area are provided in Attachment B. The completed Wetland Determination Data Forms are provided as Attachment C.
Pre-survey Desktop Investigation
The survey area occurs within Agua Hedionda Creek, within the San Marcos Creek Hydrologic
Unit Code 10 (1807030305). In addition, the survey area is within the California Carlsbad Hydrologic Unit (904.00), Agua Hedionda Hydrologic Area (904.30), and the Los Monos
Hydrologic Subarea (904.31).
Subject: City of Carlsbad Sunny Creek Streambank Restoration Project Jurisdictional Delineation
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NWI data indicate the presence of palustrine, forested, seasonally flooded wetlands within the
survey area. Soils within the majority of the survey area are mapped as Visalia sandy loam 2 to
5 percent slopes (VaB), which is not classified as a hydric soil.
Field Survey
Results of the field survey are discussed below for vegetation communities and cover types,
waters of the U.S., and waters of the state.
Vegetation Communities and Cover Types
Non-Vegetated Channel (Holland Code 64200) – Non-vegetated channel is a sandy, gravelly, or
rocky fringe of waterways or stream channels. Variable water lines inhibit the growth of vegetation although some weedy species typically occur but are usually less than 10 percent
total cover. Within the survey area, two subtypes of non-vegetated channel were mapped to
distinguish between the open water/stream channel and the previously engineered portions of the channel—open water/stream channel and riprap-lined channel (Figure 2). These areas were
primarily non-vegetated or inundated but contained a discontinuous cover of weedy species including cocklebur (Xanthium strumarium), umbrella sedge (Cyperus sp.), and tree tobacco (Nicotiana glauca).
Cismontane Alkali Marsh (Holland Code 52310) – According to the modified Holland
classification system (Oberbauer et al. 2008), cismontane alkali marsh is dominated by a variety
of perennial, emergent alkaline wetland species. This community occurs in areas with saturated soil or standing water present during most of the year. High evaporation and low input of fresh
water render these marshes somewhat salty and alkaline, especially during the summer. Within
the survey area, cismontane alkali marsh occurs within the low flow channel of the Agua Hedionda Creek along the southern side at the upstream end of the survey area. This
community was dominated by an obligate alkaline marsh species, yerba mansa (Anemopsis
californicus). Associated species included California blackberry (Rubus ursinus), smilo grass (Stipa millacea), and San Diego sedge (Carex spissa).
Southern Cottonwood-Willow Riparian Forest (Holland Code 61330) – According to the modified Holland classification system (Oberbauer et al. 2008), southern cottonwood-willow riparian
forest is a tall, broad-leaved, winter-deciduous riparian forest dominated by several species of
willows and cottonwood with understories usually composed of shrubby willows. These species require moist, bare mineral soil for germination and establishment provided after flood waters
recede. The southern cottonwood-willow riparian forest habitat is located along the lower banks and on both sides of the creek but more extensively on the north side of the creek throughout
the survey area. This community within the survey area was dominated by arroyo willow (Salix
lasiolepis) and red willow (Salix laevigata) with patches of California ash (Fraxinus dipetala) and occasional western sycamore trees (Platanus racemosa). The understory included various
herbaceous wetland species such as wild celery (Apium graveolens), horsetail (Equisetum sp.),
smilo grass, and wild grape (Vitis girdiana).
Subject: City of Carlsbad Sunny Creek Streambank Restoration Project Jurisdictional Delineation
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Coast Live Oak Woodland (Holland Code 71160) – According to the modified Holland
classification system (Oberbauer et al. 2008), coast live oak woodland is an evergreen
woodland that reaches 10–25 meters in height, often with a discontinuous shrub layer and herbaceous ground cover dominated by ripgut grass (Bromus diandrus). This community is
typically found on north-facing slopes and shaded ravines. The coast live oak woodland habitat
is located along the upper banks of the Agua Hedionda Creek on the south side within the survey area and is only considered state waters. Coast live oak woodland within the survey area
is composed of coast live oak (Quercus agrifolia) with an understory dominated by poison oak
(Toxicodendron diversilobum) and toyon (Heteromeles arbutifolia). This vegetation
community existed at a slightly higher elevation and along the upland banks above where
wetland hydrology indicators were observed. CDFW jurisdiction was extended to the outer drip-
line of the coast live oak woodland.
Waters of the U.S.
The extent of potential waters of the U.S. under USACE jurisdiction occurring within the survey area is 0.093 acre, composed of 0.003 acre of cismontane alkali marsh, 0.074 acre of open
water/stream channel, and 0.015 acre of riprap-lined channel (Table 1; Figure 3). The potential waters of the U.S. are all within the Agua Hedionda Creek stream channel and adjacent wetlands. Agua Hedionda Creek forms a direct hydrological connection to the Pacific Ocean (a
Traditional Navigable Water) approximately 4.3 miles downstream. Therefore, the delineated wetlands and non-vegetated channel are considered jurisdictional waters of the U.S. in the form
of wetlands and other waters (as defined in 33 CFR 328), and are subject to regulations under
Section 404 and 401 of the Clean Water Act (CWA).
Waters of the State
The 0.093 acre of waters of the U.S. is also under the jurisdictional purview of CDFW and RWQCB. An additional 0.236 acre composed of 0.076 acre of southern cottonwood-willow
riparian forest and 0.160 acre of coast live oak woodland is under the jurisdictional purview of CDFW (Table 1; Figure 3). Therefore, the total area under the jurisdictional purview of CDFW is
0.236 acre. The southern cottonwood willow riparian forest consisted of habitat on the outer
floodplain and/or upland slope and would be considered state wetlands, while the coast live oak woodland was immediately adjacent to the wetlands and would be considered non-wetland
riparian habitat under the jurisdictional purview of CDFW.
Subject: City of Carlsbad Sunny Creek Streambank Restoration Project Jurisdictional Delineation
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Table 1
Potential Jurisdictional Waters of the U.S. and State within the Survey Area
Type of Jurisdictional Waters
Type of Habitat (Holland 1986 and Oberbauer et al. 2008) Type of Habitat (Cowardin et al. 1979)
Area of Aquatic Resource (acres)b
Permanent Impacts (acres)b
Temporary Impacts (acres) b
Potential Waters of the U.S. (jurisdictional purview of USACE, RWQCB, and CDFW)a
Wetland Alkali Marsh (52310) Palustrine; Emergent, Persistent,
Intermittently Flooded
0.003 0.001 0
Other Waters
Non-Vegetated Channel (64200) (Open Water/ Stream
Channel)
Palustrine; Unconsolidated Bottom, Sand;
Intermittently Flooded
0.074 0.022 (126 linear feet) 0.001 (8 linear feet)
Other Waters Non-Vegetated Channel (64200) (Riprap-Lined Channel)
Palustrine; Rock Bottom, Rubble; Intermittently Flooded 0.015 0.015 (26 linear feet) 0
Subtotal Potential Jurisdictional Waters of the U.S. 0.093 0.038 0.001
Potential Jurisdictional Waters of the State (CDFW purview exclusively)
Wetland
Southern Cottonwood-
Willow Riparian Forest (61330)
Palustrine; Forested;
Broad-leaved Deciduous; Seasonally Flooded, Fresh
0.076 0.011 0
Non-wetland Disturbed
Riparian Scrub
Coast Live Oak Woodland (71160)
N/A 0.160 0.007 0.026
Subtotal Potential Jurisdictional Waters of the State Only (acres) 0.236 0.018 0.026 Grand Total Potential Jurisdictional Waters (acres) 0.328 0.057 0.028 a Jurisdictional waters acreage of the survey area was determined by using ArcGIS. b All acreages are rounded to the nearest hundredth. Discussion
This section provides a discussion of potential impacts to jurisdictional waters, recommends
avoidance and minimization measures and mitigation, and details permitting requirements.
Potential Impacts
Although impacts will mostly be confined to the non-vegetated riprap-lined channel, the
construction design includes permanent encroachment/restoration within the non-vegetated
stream channel, southern cottonwood-willow riparian forest, and alkali marsh habitat areas (Figure 3).
Based on the project description and design specifications, a total of 0.057 acre of waters of the U.S. and state composed of wetland and non-wetland riparian habitat would be permanently
impacted. Of this, a total 0.057 acre is under the jurisdictional purview of USACE, RWQCB, and
Subject: City of Carlsbad Sunny Creek Streambank Restoration Project Jurisdictional Delineation
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CDFW and is composed of 0.015 acre of non-vegetated riprap-lined channel, 0.022 acre of
non-vegetated open water/streambed, and 0.001 acre of alkali marsh. An additional 0.018 acre
is exclusively CDFW jurisdiction and is composed of 0.011 acre of southern cottonwood-willow riparian forest and 0.007 acre of coast live oak woodland. Temporary impacts to 0.028 acre of
jurisdictional waters are anticipated.
Avoidance and Minimization
The existing road will be used for staging of materials and construction; therefore, temporary impacts to jurisdictional waters will be minimized. The repair of stream bank erosion on Agua
Hedionda Creek has been designed to use the minimum amount of rock required to stabilize the
creek and prevent further washouts. In addition, grading and placement of crushed rocks are proposed primarily within the limits of the existing riprap channel. However, some encroachment
into existing wetlands and other waters is proposed in order to provide a long-term solution that
incorporates restored wetland plantings embedded within the stabilized bank terraces.
Mitigation
The project is designed to be self-mitigating in the use of bioengineering solutions, and habitat-
appropriate planting palettes. Grouted riprap within the stream channel would be removed and
replaced with bioengineered materials such as boulder step-pools. The stream banks would be stabilized with bioengineered crib walls that use naturally occurring materials such as boulders,
eucalyptus logs, and soil. Planting palettes would include San Diego County native plants that
are persistent and would support bank stabilization and water quality. The City would plant new oak trees at a ratio of 2:1 for any trees damaged or removed to accommodate construction.
Permitting
USACE CWA Section 404 Permit
Under CWA Section 404, the discharge of dredge or fill material into waters of the U.S. is
regulated by USACE. A filled area is defined as “...the area within jurisdictional waters which is
eliminated or covered as a direct result of the discharge (i.e., the area actually covered by the discharged material). It does not include areas excavated or areas impacted as indirect effect of
the fill.”1
Based upon the project description, regulated discharges would occur into jurisdictional waters
of the U.S.; therefore, the proposed project requires authorization under CWA Section 404. The
proposed project is anticipated to be covered under the Nationwide Permit14 (Linear Transportation Projects) and will require a Pre-Construction Notification be submitted to USACE
because impacts are greater than 1/10 acre of waters of the U.S. and will result in a discharge
1 33 Code of Federal Regulations Section 330.2 (f)
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into a special aquatic site (as defined in 40 CFR 230 Subpart E). Issuance of a Section 404
CWA permit by USACE is required prior to project construction.
Based on Regulatory Guidance Letter (RGL) 08-02, the applicant may elect to use a Preliminary Jurisdictional Determination (JD) to voluntarily waive or set aside questions regarding CWA
jurisdiction over a particular site, usually in the interest of allowing the landowner or other
“affected party” to move ahead expeditiously to obtain CWA Section 404 permit authorization where the party determines that it is in its best interest to do so. For this particular Waters
Determination Report, the formal procedure for obtaining a JD requires the submittal of a
completed Preliminary JD (for assertion of jurisdictional waters) to USACE (Los Angeles District, South Coast Branch).2
This jurisdictional delineation memo and Attachment D, Preliminary JD Form, are meant to provide assistance and support to USACE to determine that the 0.328 acre of delineated aquatic features occurring within the study area “may be” jurisdictional waters of the U.S. and,
thus, under its regulatory administration.3 For this Waters Determination Report, a Preliminary JD Form was prepared to present the following:
• 0.093 acre of aquatic features composed of a non-vegetated channel (other waters of the U.S.) and alkali marsh (wetland) within the survey area “may be” jurisdictional waters of the U.S.
Regional Water Quality Control Board (RWQCB) CWA Section 401 Water Quality Certification Permit
Under the CWA, USACE Section 404 permits are subject to RWQCB Section 401 Water Quality
Certification (WQC).4 Section 401 of the CWA requires certification from RWQCB that the
proposed project is in compliance with established state water quality standards. Issuance of Section 401 WQC by RWQCB is required prior to project construction.
California Fish and Game Code Section 1602 Streambed Alteration Agreement
CFGC Section 1602 requires any person, governmental agency, state, local, or any public utility who proposes a project that will substantially divert or obstruct the natural flow or substantially
change the bed, channel, or bank of any river, stream or lake or use materials from a streambed
to notify CDFW before beginning the project. CDFW typically asserts jurisdiction over wetlands and riparian vegetation associated with surface waters of the state. The proposed project may
result in a substantial diversion or a substantial change to CDFW jurisdictional waters and may
substantially adversely affect an existing fish and wildlife resource pursuant to CFGC Section 1602(a)(4)(A)(i)). Therefore, proceeding with the project as proposed would require a
Streambed Alteration Agreement.
2 The U.S. Army Corps of Engineers district engineer retains the discretion to use an Approved Jurisdictional Determination in any other circumstance where he or she determines that it is appropriate given the facts of the
particular case (Regulatory Guidance Letter [RGL] 08-02 [4][c]). 3 Sections 4 and 7 of RGL 08-02. 4 23 California Code of Regulations Sections 3830–3869.
Subject: City of Carlsbad Sunny Creek Streambank Restoration Project Jurisdictional Delineation
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References
California Soils Resources Lab (CSRL). 2011 Streaming Soil Survey Data in Google
Earth. Available at http://casoilresource.lawr.ucdavis.edu/drupal/node/538. Accessed May 2013.
Cowardin, L., V. Carter, F. Golet, and E. LaRoe. 1979. Classification of Wetlands and
Deepwater Habitats of the United States. U.S. Department of Interior. U.S. Fish and Wildlife Service. FWS/OBS-79/31. December.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station. Vicksburg, Mississippi.
Environmental Laboratory. 2008. Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Arid West Region (Version 2.0).
Holland, R. F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of
California. Prepared for California Department of Fish and Wildlife.
Oberbauer, Thomas, Meghan Kelly, and Jeremy Buegge. 2008. Draft Vegetation Communities
of San Diego County. Based on “Preliminary Descriptions of the Terrestrial Natural
Communities of California,” Robert F. Holland, Ph.D., October 1986. March. Department of Planning and Land Use County of San Diego, San Diego, California, 75 pp. March.
Regional Water Quality Control Board (RWQCB). 1994. Water Quality Control Plan for the
San Diego Basin. Available at http://www.swrcb.ca.gov/rwqcb9/programs/basinplan.html.
U.S. Army Corps of Engineers (USACE). 2007. Review and Synopsis of Natural and Human
Controls on Fluvial Channel Processes in the Arid West USACE ERDC/CRREL TR-07-
16.
U.S. Army Corps of Engineers (USACE). 2008. A Field Guide to the Identification of the
Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United
States: A Delineation Manual. Engineering Research and Development Center.
U.S. Fish and Wildlife Service (USFWS). 2011. National Wetlands Inventory Interactive
Wetlands Mapper. Available at http://www.nwi.fws.gov. Accessed May 2013.
U.S. Geologic Survey (USGS). 2011. National Hydrography Dataset. Available at http://nhd.usgs.gov/. Accessed May 2013.
60335018 Sunny Creek Carlsbad Jd Memo_Draft
ATTACHMENT A
FIGURES
Figure 1Regional MapSunny Creek Streambank Restoration Project
Source: ESR 2014; BING 2014
Scale: 1:253,440; 1 inch = 4 miles
Path: P:\6033\60335018_FarolCtDrain\900-CAD-GIS\920 GIS\922_Maps\20151106_JDR_Maps\Figure_RegionalMap.mxd, 11/6/2015, sorensenj
4 0 42 MilesI
Survey Area
&!(&!(&!(&!(!A
!A
!A
T1.3
T1.2
T1.11234
Sunny Creek Streambank Restoration ProjectJurisdictional Delineation MapSunny Creek Streambank Restoration Project
Source: ESR 2014; BING 2014
Scale: 1:300; 1 inch = 25 feet
Path: P:\6033\60335018_FarolCtDrain\900-CAD-GIS\920 GIS\922_Maps\20151106_JDR_Maps\FarolCreek_JD.mxd, 11/6/2015, sorensenj
25 0 2512.5 FeetI
!A Sample Point
&!(Photo Point
Survery Area
Waters of the U.S. and State
Open Water/Stream Channel
Riprap-Lined Channel
Alkali MarshWaters of the State
Coast Live Oak WoodlandSouthern Cottonwood-WillowRiparian Forest
LEGEND
Sunny Creek Streambank Restoration ProjectJurisdictional Delineation MapImpactsSunny Creek Streambank Restoration Project
Source: ESR 2014; BING 2014
Scale: 1:300; 1 inch = 25 feet
Path: P:\6033\60335018_FarolCtDrain\900-CAD-GIS\920 GIS\922_Maps\20151106_JDR_Maps\FarolCreek_JD_Impacts.mxd, 11/6/2015, sorensenj
25 0 2512.5 FeetI
Impacts
Permanent (0.057 Acre)
Temporary (0.030 Acre)
Survery Area
Waters of the U.S. and State
Open Water/Stream Channel
Riprap-Lined Channel
Alkali MarshWaters of the State
Coast Live Oak WoodlandSouthern Cottonwood-WillowRiparian Forest
LEGEND
ATTACHMENT B
SITE PHOTOGRAPHS
Appendix B
Representative Photographs
Salt Creek Jurisdictional Memo
Photograph 1: Looking south at the culvert.
Photograph 2: Looking southwest at the washout of stream bank.
Appendix B
Representative Photographs
Salt Creek Jurisdictional Memo
Photograph 3: Looking west (downstream) at the stream channel.
Photograph 4: Looking northeast (upstream) at the stream channel and alkali marsh.
ATTACHMENT C
2008 SUPPLEMENT WETLAND DETERMINATION
DATA FORMS — ARID WEST REGION (VERSION 2.0)
ATTACHMENT D
PRELIMINARY JD FORM
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
This preliminary JD finds that there “may be” waters of the United States on the subject project site, and identifies
all aquatic features on the site that could be affected by the proposed activity, based on the following information:
EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL DETERMINATIONS:
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is
hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD
has declined to exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “preconstruction notification” (PCN),
or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has
the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or
other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant’s
acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by
that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a
proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative
appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a
site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
District Office PJD Date:File/ORM #
State City/County
Name/
Address of
Person
Requesting
PJD
Nearest Waterbody:
Office (Desk) Determination
Field Determination:
SUPPORTING DATA: Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps
Corps navigable waters’ study:
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is:
Photographs: Aerial (Name & Date):
Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Other information (please specify):
Date of Field Trip:
Location: TRS,
LatLong or UTM:
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations.
_____________________________________________________________
Signature and Date of Regulatory Project Manager
(REQUIRED)
____________________________________________________________________
Signature and Date of Person Requesting Preliminary JD
(REQUIRED, unless obtaining the signature is impracticable)
Name of Any Water Bodies
on the Site Identified as
Section 10 Waters:
Tidal:
Non-Tidal:
Identify (Estimate) Amount of Waters in the Review Area:
Non-Wetland Waters:
Wetlands:
linear ft width acres
acre(s)Cowardin
Class:
Stream Flow:
Los Angeles District Nov 2, 2015
CA City of Carlsbad
Sherri Howard
1635 Faraday Avenue
Carlsbad, CA 92008
Agua Hedionda Creek
Oct 20, 2014
San Luis Rey Quadrangle
Bowman1973
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http://www.fws.gov/wetlands/Data/Mapper.html
https://hazards.fema.gov/wps/portal/mapviewer
Zone AE (100-yr floodplain) of Agua Hedionda Cree
ESRI 2015 and USDA 2014
Photos in JDR Memo (AECOM)
See JDR Memo (AECOM)
Provided in JDR Memo (AECOM)
33.14273926; -117.27486522
N/A
N/A0.089
0.0003 Palustrine, emergent
Per. (seasonal)
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all
aquatic features on the site that could be affected by the proposed activity, based on the following information:
Appendix A - Sites
Est. Amount of
Site Aquatic Resource Class of
Number Latitude Longitude Cowardin Class in Review Area Aquatic Resource
District Office PJD Date:File/ORM #
Person Requestinq PJD State City/County
Notes:
Los Angeles District Nov 2, 2015
Sherri HowardCA City of Carlsbad
Please refer to the Jurisdictional Delineation Report Memo for specific information on the aquatic resources
delineated within the survey area.