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HomeMy WebLinkAbout2008-09-17; Planning Commission; Resolution 64631 PLANNING COMMISSION RESOLUTION NO. 6463 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION 4 MONITORING AND REPORTING PROGRAM TO ALLOW , THE REHABILITATION AND ONGOING MAINTENANCE OF 43 EXISTING SEWER MANHOLES LOCATED WITHIN A 6 SEWER EASEMENT ON PROPERTY GENERALLY LOCATED ALONG THE NORTH SHORE OF BATIQUITOS 7 LAGOON BETWEEN GABBIANO LANE AND EL CAMINO REAL WITHIN THE EAST BATIQUITOS SEGMENT OF THE 8 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES o MANAGEMENT ZONE 19. CASE NAME: BATIQUITOS INTERCEPTOR SEWER 10 REHABILITATION CASE NO. CDP07-13 11 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application 13 regarding property described as 14 The existing sewer easement generally located along the north shore of Batiquitos Lagoon between Gabbiano Lane and El 1 ^ Camino Real 16 ("the Property"); and 17 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and 18 Reporting Program was prepared in conjunction with said project; and 20 WHEREAS, the Planning Commission did on September 17, 2008, hold a duly 21 noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, examining the initial study, analyzing the information submitted by staff, and 24 considering any written comments received, the Planning Commission considered all factors 25 relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting26 27 Program. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Planning 3 Commission hereby ADOPTS the Mitigated Negative Declaration, Exhibit "MND," according to Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form - Initial Study (EIA)," attached hereto and made a part , hereof, based on the following findings: 5 Findings: 7 1. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for BATIQUITOS INTERCEPTOR SEWER REHABILITATION - CDP 07-13, the 10 environmental impacts therein identified for this project and any comments thereon prior to APPROVING the project; and b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program has been prepared in accordance with requirements of the California 13 Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and 14 c. it reflects the independent judgment of the Planning Commission of the City of ^ Carlsbad; and d. based on the EIA and comments thereon, there is no substantial evidence the 17 project will have a significant effect on the environment. 18 Conditions: 1 n 1. Developer shall implement, or cause the implementation of the Batiquitos Interceptor 20 Sewer Rehabilitation Mitigation Monitoring and Reporting Program. 21 22 23 24 25 26 27 28 PC RESO NO. 6463 -2- 1 2 3 4 5 6 7 8 9 10 11 1 o12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of Commission of the City of Carlsbad, California, held on September 17, 2008, by vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, Chairperson Whitton NOES: ABSENT: ABSTAIN: Commissioner Montgomery ^S /x^^^/^^fe _____ ytfRANK WHITTON, Chairperson ' CARLSBAD PLANNING COMMISSION ATTEST: \&« /I ^ DON NEU Planning Director PC RESO NO. 6463 -3- the Planning the following Douglas, and City of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Batiquitos Interceptor Sewer Rehabilitation (CIP #3538) CDP 07-13 North shore of Batiquitos Lagoon between Gabbiano Lane and El Camino Real. PROJECT DESCRIPTION: The proposed project involves the repair and rehabilitation of forty-three (43) existing sewer manholes which are located at intervals along an existing sewer interceptor line on the north shore of Batiquitos lagoon between Gabbiano Lane and El Camino Real in Carlsbad. The project also includes ongoing, regular maintenance of the manholes and below-ground sewer interceptor line. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Chris Garcia in the Planning Department at (760) 602-4622. PUBLIC REVIEW PERIOD June 5, 2008 - July 5. 2008 PUBLISH DATE June 5, 2008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 « (760) 602-4600 « FAX (760) 602-8559 » www.ci.carlsbad.ca.us MITIGATED NEGATIVE DECLARATION CASE NAME: Batiquitos Interceptor Sewer Rehabilitation (CIP #3538) CASE NO: CDP07-13 PROJECT LOCATION: North shore of Batiquitos Lagoon between Gabbiano Lane and El Camino Real. PROJECT DESCRIPTION: The proposed project involves the repair and rehabilitation of forty- three (43) existing sewer manholes which are located at intervals along an existing sewer interceptor line on the north shore of Batiquitos lagoon between Gabbiano Lane and El Camino Real in Carlsbad. The project also includes ongoing, regular maintenance of the manholes and below-ground sewer interceptor line. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: 1X1 Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. I 1 The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). I | Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Mitigated Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: [CLICK HERE date] , pursuant to [CLICK HERE Administrative Approval PC/CC Resolution No., or CC Ordinance No.1 ATTEST: DON NEU Planning Director ENVIRONMENTAL IMPACT ASSESSMENT FORM - INITIAL STUDY (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: CDP 07-13 DATE: May 29. 2008 BACKGROUND 1. CASE NAME: Batiquitos Interceptor Sewer Manhole Repairs and Maintenance (CIP #3538) 2. LEAD AGENCY NAME AND ADDRESS: City of Carlsbad Engineering Dept. -*.-i 3. CONTACT PERSON AND PHONE NUMBER: Chris Garcia. Junior Planner. f760) 602-4622 4. PROJECT LOCATION: The project is located along the north shore of Batiquitos Lagoon between El Camino Real to the east and Gabbiano Lane to the west. 5. PROJECT SPONSOR'S NAME AND ADDRESS: City of Carlsbad Eneineering Dept. 163 5 Faraday Ave. Carlsbad. CA 92008 6. GENERAL PLAN DESIGNATION: Open Space (OS) - 7. ZONING: Planned Community CP-O OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (None) PROJECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND USES: Project Description The proposed project involves the repair and rehabilitation of forty-three (43) existing sewer manholes which are located at intervals along an existing sewer interceptor line between Gabbiano Lane and El Camino Real in Carlsbad. The length totals approximately 1.9 miles. Batiquitos Lagoon is located immediately south of the project area. The sewer interceptor conveys wastewater for the majority of development in the southwest quadrant of the city of Carlsbad. The rehabilitation is necessary due to the fact that the vertical concrete manhole structures have reached the approximate end of their useful life, have become corroded over years of deterioration, and are in danger of collapse. The project includes ongoing, regular maintenance of the manholes and below-ground sewer interceptor line. This maintenance will include general condition inspection and minor repair, video pipeline inspection and pipeline cleaning. General condition inspection and minor repair will occur approximately two times per year, and will involve removing the manhole covers and entry into the manholes for minor repairs or removal of debris. Video inspection requires access to or near the manholes with a box truck or van, inserting a video camera into the interceptor and running the camera up or downstream until the next manhole to review for leaks or blockages. This would occur at least once every five years. Pipeline cleaning involves heavy vactor and water trucks parked as close as convenient to the manholes, but still parked within the trail access areas (the range is 1000 linear feet from the hole). Since both sensitive and non-sensitive vegetation exists in an irregular mosaic across the landscape of the north shore of Batiquitos Lagoon, the project proposes the identification of specific access routes for workers and machinery to manholes from the improved trails prior to conducting scheduled maintenance North Batiquitos Interceptor Sewer Improvements Project activities. The routing will be identified and defined by a qualified biologist through" on-site observation immediately prior to conducting the maintenance activities. The occasional schedule of this maintenance and this identification of non-impacting access routing is considered a substantive aspect of the maintenance program which will serve to ensure that the ongoing maintenance does not result in any permanent impacts to sensitive biology in the area. The project will require a coastal development permit issued by the City of Carlsbad. No other permits or agencies have permit jurisdiction over the area. The California Coastal Commission does have appeal authority if they determine that the City coastal development permit is issued in error. Environmental Setting and Surrounding Land Uses -*. The proposed project will occur along the north shore of Batiquitos Lagoon, along level terrain, at an elevation of approximately 5-feet msl. The sewer line is located approximately 15 feet below the surface of the land. One of the manholes is located in the CMWD pump station at the western terminus of the project, twenty are located on or adjacent to the public trail along the north shore of the lagoon, eight are located on the Aviara golf course, five are on the Murphy property, seven are on the Mitsuuchi property, one is on property owned by the State of California, and the one is located in the R.O.W. of a public street on the eastern terminus of the project. Most of the affected area is the subject of an open space easement, which conserves the area as permanent open space. The sewer interceptor is a gravity line, which directs wastewater from east to west (downhill), to a sewer pump station near 1-5, and on to the Encina Wastewater Treatment Plant. Rehabilitation Construction Methodology The 43 manholes will be rehabilitated using a non-excavation, low-impact work method designed to eliminate direct impacts to the area surrounding each of the manholes. To the degree possible, access to the manholes will be via the existing public hiking trail and other disturbed areas and trails that criss- cross the area. In order to avoid vegetation impacts in the area, vehicles used to access and support the work will work only on the disturbed areas. Low impact vehicles with rubber tires will be used. The interior of each manhole will be cleaned with a high pressure hose. The cleaned manhole will then be lined (walls and bottom) with a fiberglass reinforced epoxy liner, which adheres to the cleaned interior with resin. No excavation or grading will be required for implementation of the rehabilitation project. Specifically, -the anticipated manhole rehabilitation work is as follows: 1. Vehicles and personnel will access manhole sites via established road or trails. Low impact equipment with oversized rubber or balloon-style tires may be used in locations where sensitive habitat occurs. Plywood sheets and/or railroad ties will be used to cover sensitive vegetation that has the potential to be temporarily crushed due to construction processes. 2. The interior of each manhole will be cleaned with a high pressure hose or physically chipping off hard deposits by hand. 3. The primary work of the project is to re-line the interior surface of the manhole with a liner. The liner will be adhered to the manhole's interior sides with glue. An area measuring approximately 16' X 8' will be utilized to layout the liner and apply the glue. This work will be performed on the existing dirt road or nearby disturbed lands with best management practices in place. 4. The liner will be hand carried to the manhole, and installed using a tripod device and hose equipment. The tripod device will be positioned over the top of the open manhole. Hoses utilized in the work process will be connected to machinery positioned as near or as distant as necessary to avoid impacts to surrounding habitat. Personnel will assist by performing work around the edge of the manhole. This work can be accomplished within a variable footprint, such that sensitive vegetation can be protected. Rev. 05/29/08 NortH Batiquitos Interceptor Sewer Improvements Project ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. Aesthetics I Agricultural Resources Air Quality /\ Biological Resources Cultural Resources Geology/Soils Noise Hazards/Hazardous Materials I I Population and Housing XI Hydrology/Water Quality Land Use and Planning Mineral Resources X] Mandatory Findings of Significance Public Services I Recreation Transportation/Circulation Utilities & Service Systems Rev. 05/29/08 North Batiquitos Interceptor Sewer Improvements Project DETERMINATION. (To be completed by the Lead Agency) I I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. Planner Signature Date Planning Director's Signature Date Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment (EIA) to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "Less Than Significant Impact" applies where there is supporting evidence that the potential impact is not significantly adverse, and the impact does not exceed adopted general standards and policies. • "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significantly adverse. • Based on an "EIA-Initial Study", if a proposed project could have a potentially significant adverse effect on the environment, but all potentially significant adverse effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. • When "Potentially Significant Impact" is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a "Statement of Overriding Considerations" has been made pursuant to that earlier EIR. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. • If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the adverse impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant adverse impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EIA-Initial Study analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears after each related set of questions. Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. ** Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated Less Than No Significant Impact Impact n X a)Have a substantial adverse effect on a scenic vista? Existing Condition: The project site is considered very scenic and possesses a panoramic view of Batiquitos Lagoon and its open space environs. Primarily native natural vegetation dominates the area. The sewer interceptor line exists underground and is not visible. The deteriorated manholes presently exist and rise above the surface up to 3 feet in height. These manholes however are largely not visible due to the dense vegetation in and around the area. The area is considered scenic. Batiquitos Drive is located parallel and north of the subject area and is identified as a Natural Open Space and Recreation Corridor in the City of Carlsbad General Plan Circulation Element while 1-5 is identified as a Community Scenic Corridor in the Circulation Element. La Costa Avenue, located on the south side of Batiquitos Lagoon (approximately '/2 mile away) is also identified as a Community Scenic Corridor. The manholes cannot be readily viewed from any of these streets due to their small stature and the surrounding dense vegetation. Environmental Evaluation: Views of the project site are possible from vehicles traveling north on Interstate 5 and east-west on Batiquitos Drive and La Costa Avenue. It is also visible to residents living on the south end of the Aviara Community and from the Aviara Golf Club building. However, due to the low site topography of the area, and distances from these roadways and residential area, and because project components are "ground-level" features, they would not be readily visible from any adjacent area. The manholes are presently visible to pedestrians hiking on the Batiquitos Lagoon North Shore Trail but this will not change from the existing situation. No new structures are proposed. Adopted goals for Community Scenic Corridors include preservation of "...distant scenic views of the ocean, lagoons, and back country from Scenic Corridors." Other goals focus on developing visually pleasing streetscapes and intersections with particular landscaping and setbacks. As the project components would be constructed in locations far distant from either Interstate 5 or La Costa Ave. or Batiquitos Drive, and are not readily visible from surrounding areas, the project does not conflict with the Scenic Corridor Guidelines. Ongoing manhole inspection and minor repair, video pipeline inspection, and occasional pipeline cleaning is temporary in nature and of minor visibility, and thus does not result in increased impacts to visual resources. Finding: No impact. The proposed project is located in a scenic area but will not significantly impact the view shed from any surrounding area. No specific structures are proposed as part of the project. The project is considered an allowable open space use. Temporary impacts associated with the cleaning and rehabilitation of the manholes is not considered significant. Therefore, the project will not result in a significant impact on any scenic vista. Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? Existing condition: No trees or rock outcroppings will be impacted by the proposed project. No buildings, including historic buildings, are located in or adjacent to area of the sewer manhole rehabilitation. Portions of the manhole repair area of impact are visible from roadways identified as scenic per the City of Carlsbad General Plan, but none of the roadways are identified as a state scenic highway or any state highway that is designated by Caltrans as eligible for listing as a scenic highway. Environmental Evaluation: Since no trees, rock outcroppings or historic buildings, and no state scenic highways are in the vicinity of the proposed project, no significant impact to such resources is anticipated. Finding: No impact. The proposed improvements are not within the viewshed of an officially designated state scenic highway. Please also refer to the preceding response with regard to local scenic highways. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Existing condition: The project site is presently occupied by sewer manholes. The surrounding environment involves primarily native vegetation, golf course and public trail uses. Environmental Evaluation: The project involves the repair and rehabilitation of existing facilities. The permanent visual character of the site will not be changed in any substantive way through implementation of the project. Temporary visual impacts would involve the staging of a small amount of equipment by each manhole, and the actual work being done chronologically (one manhole at a time). These impacts are also not substantial. Therefore, it is concluded that the project will not substantially degrade the existing visual character or quality of the site and its surroundings. Finding: No impact. Please also refer to response I(a) above. d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? Existing condition: The subject area contains no lights and produces no glare at the present time. Environmental Evaluation: The proposed project involves the repair and rehabilitation of 43 manholes over an existing sewer interceptor line. The project does not require artificial lights. Thus, light and glare from the proposed project is anticipated to be not greater than that projected from the existing uses onsite. Finding: No impact. It is concluded that the proposed project will not result in a new source of substantial light and glare and will not affect day or nighttime views in the area. Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project II. AGRICULTURAL RESOURCES - (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Modei-1997 prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Existing condition: No part of the subject site is designated as Prime Farmland on the "California Department of Conservation - San Diego County Important Farmland" exhibit dated September, 2002. No agricultural farming occurs in the area of the project at this time, except for truck crops on the Murphy property which the project sewer line bisects. Environmental Evaluation: The project will not have any impact on properties designated as Prime Farmland on the "California Department of Conservation - San Diego County Important Farmland" exhibit dated September, 2002. Thus, the project will not significantly impair the productivity of prime agricultural land. Since the project involves only the repair of existing sewage facilities, no impact to the adjacent Murphy farmland will result from the project. Finding: No impact. The project will have no impact on Prime Farmland or Farmland of Statewide Importance, as indicated on the State maps. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Existing condition: The subject project is located on property that is zoned P-C (Planned Community), with an underlying OS (Open Space) zoning. No Williamson Act contract encumbers the property. Environmental Evaluation: No zone change is proposed and no Williamson Act contract encumbers the property. Finding: No impact. The site is on property not established for permanent agricultural uses. No significant effect on agricultural uses will result from implementation of the project. The property is not zoned for agricultural uses, and no Williamson Act contract encumbers the property. Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Existing condition: The only portion of the property affected by the proposed project that possesses farmland is the Murphy property. The balance of the property does not involve any agricultural farmland. Environmental Evaluation: The proposed project will not significantly impact the existing agricultural uses found on the Murphy property. The repair and rehabilitation of existing sewer manholes will not significantly affect these existing adjacent agricultural uses in this area. The sewer line is located within an existing sewer easement. The balance of the project area does not possess or contain farmland. The project will not involve any change in use to the manholes. Finding: No impact. Please refer to the preceding response. The proposed sewer manhole rehabilitation will not take place on property not established for permanent agricultural uses. No effect on agricultural uses will result from implementation of the project. III. AIR QUALITY - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Potentially Less Than Significant Impact Significant Unless Mitigation Incorporated Significant Impact No Impact n a)Conflict with or obstruct implementation of the applicable air quality plan? Existing condition: The project site is presently occupied by a golf course, and a protected open space conservation area located immediately north of Batiquitos Lagoon. The site produces no significant air pollution at this time. The project area has a warm-summer Mediterranean climate characterized by warm, dry summers and mild, wet winters. The dominant meteorological feature affecting the region is the Pacific High Pressure Zone, which produces prevailing winds from the west to northwest. These winds tend to blow pollutants away from the coast toward the inland areas. Consequently, air quality near the coast is generally better than that which occurs at the base of the coastal mountain range. 10 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Fluctuations in the strength and pattern of winds from the Pacific High Pressure Zone interacting with the daily local cycle produce periodic temperature inversions that influence the dispersal or containment of air pollutants in the San Diego Air Basin (SDAB). The project is located in the northwestern portion of the SDAB. The SDAB is a state non-attainment area for ozone (03) and for particulate matter less than or equal to 10 microns in diameter (PM10). The periodic violations of national Ambient Air Quality Standards (AAQS) in the SDAB, particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A Plan to meet the federal standard for 9zone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. Environmental Evaluation: The project involves the repair of deteriorated sewer interceptor line manholes. It proposes no habitable buildings or traffic generating uses that would generate long-term pollution. Instead, only minor short-term air quality impacts would be generated during the construction work and ongoing manhole and sewer line maintenance. These impacts would be associated with construction-related trips by a small number of workers (less than 10) and generators needed for water blasting and cleaning of the interior walls of the manholes during the repair. Ultimate maintenance of the manholes is estimated to be no greater than the existing maintenance schedule and impacts. No permanent generator of impacts to air quality will result from the project. Ongoing manhole inspection and minor repair, video pipeline inspection, and occasional pipeline cleaning is temporary in nature and requires the use of routine maintenance vehicles, and thus does not result in significantly increased impacts to air quality. Finding: No impact. Since the project is located in the SDAB, it is in an area where a RAQS is being implemented. The project is consistent with the regional air quality plan and will in no way conflict or obstruct implementation of the regional plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Existing condition: The project site produces no significant air pollution at this time. Environmental Evaluation: The closest air quality monitoring station to the project site is at Camp Pendleton. Data available for this monitoring site from 2000 through December 2004 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (a total of 10 days during the 5-year period). No other violations of any air quality standards have been recorded during the 5-year time period. The project would involve only minimal short-term emissions associated with construction worker commute and the use of generators during manhole cleaning. Also, please refer to the preceding technical evaluation in Section III(a). Finding: No impact. The proposed project would neither result in the violation of any air quality standard (comprising only an incremental contribution to overall air basin quality readings), nor contribute substantially to an existing or projected air quality violation. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Existing condition: The property is in a non-attainment status area, and the proposed project would contribute additional pollution emissions through short-term construction related impacts. 11 Rev. 02/15/03 North Batiquitos Interceptor Sewer Improvements Project Environmental Evaluation: Please refer to the technical evaluation in Section III(a). The temporary construction period associated with the project would contribute minimally to pollution emissions however it does not conflict with the City of Carlsbad General Plan, the City of Carlsbad Zoning Ordinance, or the City of Carlsbad Master Environmental Impact Report (MEIR 93-01). Finding: No Impact. The air basin is currently in a state non-attainment zone for ozone and suspended fine particulates. The proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions throughout the air basin. As described above, however, emissions associated with the proposed project would be minimal. Given the limited emissions potentially associated with the proposed project, air quality would be essentially the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15l30(a)(4), the proposed project's contribution to the cumulative impact is considered de minimus. Any impact is assessed as less than significant. -&• d) Expose sensitive receptors to substantial pollutant concentrations? Existing condition: No sensitive air quality receptors are located near the subject site. The nearest sensitive air quality receptor is Aviara Elementary and Middle School, which is located over one mile northeasterly of the site. Environmental Evaluation: Please refer to evaluation at III(a). The project is not located near sensitive receptors, and the project would not alter wind patterns, moisture levels, or temperatures in the area. Finding: No impact. No sensitive receptors are located in the area and the proposal would not result in substantial pollutant emissions or concentrations. e) Create objectionable odors affecting a substantial number of people? Existing condition: The existing project involves sewer manholes which have the potential to emit objectionable odors within approximately 25-feet of the manholes. The amount and strength of the odors is dependent largely upon the quality of the seal of the manhole cap. No residents are located within 100-feet of the manholes. The Aviara Golf Club clubhouse is located within approximately 75 feet of the nearest manhole. Environmental Evaluation: The proposed project involves the repair and rehabilitation of 43 existing manholes on the existing sewer interceptor line. As a result of the provision of new materials and improved manhole cover seals, the repair and rehabilitation is expected to decrease the potential for escaping fumes and odors. No occupied structures exist with close proximity to the manholes. Ongoing manhole inspection and minor repair, video pipeline inspection, and occasional pipeline cleaning is temporary in nature and of minor visibility, and will result in the perception of odors only in the immediate area of maintenance, which does not contain habitable structures. Finding: No impact. The proposed project is not expected to create objectionable odors affecting a substantial number of people. 12 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department offish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated Less Than No Significant Impact Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Existing condition: The proposed project involves the rehabilitation of 43 existing manholes using a low-impact, trenchless work method designed to eliminate biological impacts to existing vegetation in the vicinity of the manholes. The proposed project will occur along the north shore of Batiquitos Lagoon, along level terrain, at an elevation of approximately 5-feet msl. One of the manholes is located in the CMWD pump station at the western terminus of the project, twenty are located on or adjacent to the public trail along the north shore of the lagoon, eight are located on the Aviara golf course, five are on the Murphy property, seven are on the Mitsuuchi property, one is on property owned by the State of California, and the one is located in the R.O.W. of a public street on the eastern terminus of the project. Most of the affected area is the subject of an open space easement, which conserves the area as permanent open space. Vegetation in the vicinity of the project includes coastal and valley freshwater marsh (FM), coastal sage scrub (CSS), developed lands (DEV), disturbed lands (DIS), exotic lands (EXO), non-native grasslands (NNG), southern 13 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project coastal salt marsh (CSM), and southern willow scrub (SWS). FM, CSS, CSM and SWS are all vegetation types which are regulated by policies of the U.S. Fish & Wildlife Service and/or California Dept. of Fish & Game. Environmental Evaluation: Each of the manholes will result in a small footprint of disturbance during the construction period. No permanent impacts to any vegetation will occur. Temporary impacts to sensitive or special status species will also be avoided through implementation of the low-impact, trenchless work methodology. The sewer access easement paralleling the work area shares much of its alignment with the Batiquitos Lagoon Public North Shore Trail. This trail is used by the City's maintenance crews to access the manholes for general maintenance and condition inspection. Access and staging of equipment for the rehabilitation of manholes will use this trail as a general staging area at the closest points reasonable to the manholes. Work will be done within the manholes and staging and liner preparation within the trail areas adjacent to the manholes..*»• Pursuant to US Fish & Wildlife Service and California Department of Fish & Game listing of protected species, a number of sensitive bird species and possibly other sensitive animal species may utilize areas in the vicinity of the project. Among these are the California Gnatcatcher (Polioptila californica californica), Beldings Savannah Sparrow (Passerculus sandwichensis beldingi), Osprey (Pandion haliaetus), Western Snowy Plover (Charadrius alexandrinus nivosus), Least Bell's vireo (Vireo belliipusillus) and the Orange Throated Whiptail (Cmmidophorus hyperythrus beldingi). Sensitive vegetation exists in and around most of the manholes. Specific sensitive plants potentially present but not observed within the vegetation communities surrounding the manholes include Blochman's dudleya (Dudleya blochmaniae ssp. blochmaniae). No plant species listed as sensitive in the Carlsbad Habitat Management Plan (HMP) were observed within 30-feet of a manhole. The permanent construction work however is described as occurring within the inside of the existing manhole structures. Some superficial and temporary impacts may occur during the performance of the construction work due to the fact that sensitive vegetation occurs around several of the manholes. The temporary impacts that may result from this construction are anticipated to be only superficial, due primarily to foot traffic, and as a result no root damage of any kind is anticipated. Only above grade damage to vegetation plant parts is expected to occur. Minor pruning of vegetation will be necessary in some locations. Complete re-growth of any damaged plant(s) is anticipated to occur during the growing season following work operations. Other work associated with the construction includes vehicular access to or in proximity to each manhole site, use of machinery and hose attachments to accomplish the work, and lay-out and preparation of the liner material. All of the work that is potentially-damaging to vegetation in the vicinity of the manholes will be conducted on the public trail or corresponding dirt roads. No temporary impacts to sensitive habitat are anticipated to occur as a result of these work components. Vehicles accessing the project will utilize the trail or roadways. All manhole work west of the Mitsuuchi property can be accomplished such that no vehicular traffic will cross sensitive vegetation. However, in several locations on Mitsuuchi and State of California property vehicles must access manholes on a roadway where freshwater marsh and/or southern coastal salt marsh vegetation is re-establishing. On the Mitsuuchi property just west of AH #56, freshwater marsh is emerging on the roadway, and protective measures are recommended to allow vehicles to pass. To protect this vegetation from significant impacts, minor pruning is recommended, and then the roadway surface to be tracked shall be temporarily covered with railroad ties. This procedure will protect plant roots from permanent damage. On the eastern end of the Mitsuuchi property, just west of AH #59, freshwater marsh and coastal salt marsh is emerging on the decomposed granite surface. Minor pruning and the use of railroad ties and/or plywood sheet is recommended to overlay the vegetation in this location, so roots are protected from tire damage. On state of California land, a narrow, dirt road connects the asphalt service road near Arenal Dr. to the primary east- west roadway. In three locations along this north-south access, emerging coastal salt marsh vegetation has the potential to be damaged unless measures are implemented to avoid impacts. It is recommended that plywood sheet and/or railroad ties are laid over the surface in these locations and that All Terrain Vehicles and light trailers are used exclusively along this narrow dirt road. 14 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Provided that the above stated protective measures are implemented, no significant impacts are expected to occur as a result of vehicular access along existing roadways and trails proposed for used by the project. Machinery necessary to accomplish the work will be located at whatever distance from each manhole is necessary to ensure sensitive habitats are not significantly impacted. Hoses placed between the machinery and the manhole shall be positioned around or over vegetation in such a way that impacts are not anticipated. In every instance, preparation of manhole liner material can be accomplished in a location that does not impact sensitive habitat. The liner material will then be hand carried to the manhole site, and lowered into the manhole such that only temporary foot traffic impacts are expected to occur in the vicinity of certain manholes. Ongoing manhole inspection and minor repair, video pipeline inspection, and occasional pipeline cleaning is temporary in nature and will not result in any additional biological impacts, and thus does not result in increased impacts to biological resources. • *. As a result of the avoidance of permanent impacts, and the minor potential for temporary impacts, the project is considered to result in less than significant impacts of sensitive or special status species in local or regional plans, policies, or regulations, or by California Department of Fish and Game or U.S. Fish and Wildlife Service. Finding: Less than significant impact. Construction would result in less than significant impacts to species identified as a candidate, sensitive or special status species or to any sensitive habitats. b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by California Department of Fish and Game or U.S. Fish and Wildlife Service? Existing condition: The project sewer line manhole sites support two upland associations considered sensitive; coastal sage scrub and non-native grasslands. Coastal sage scrub is considered a sensitive habitat because it can support the Federally-threatened California gnatcatcher. Non-native grasslands is considered sensitive because it may be utilized for foraging by raptor species considered sensitive, threatened, or rare. Project manhole sites also support three sensitive wetland associations, coastal salt marsh, coastal and valley freshwater marsh, and southern willow scrub. Environmental Evaluation: It is anticipated that no habitat will be permanently impacted through implementation of the project. Please refer to environmental evaluation at IV(a) above. Finding: Less than significant impact. Wetlands and riparian habitats occur in the vicinity of the project. As a result of the avoidance of permanent impacts, and the minor potential for temporary impacts, the project is considered to result in less than significant impacts of these habitats. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? Existing condition: Pursuant to Section 404 of the Clean Water Act (CWA), the U.S. Army Corps of Engineers (USAGE) maintains regulatory authority over jurisdictional wetlands, water of the United States, and non-wetland waters under certain conditions. Portions of the eastern section of the project are located in the vicinity of areas that may be characterized as jurisdictional wetlands. Environmental Evaluation: No permanent impacts will occur as a result of implementation of the manhole rehabilitation project. Some minor foot-traffic and limb trimming temporary impacts are anticipated, but these impacts are considered superficial, because no subsurface impacts will result. However, no impacts to jurisdictional wetlands are proposed. Please refer to environmental evaluation at IV(a) above. Finding: Less than significant impact. Jurisdictional wetlands as defined by Section 404 of the CWA occur in the vicinity of the project. As a result of the avoidance of permanent impacts, and the minor potential for temporary impacts, the project is considered to result in less than significant impacts of these habitats. 15 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Existing condition: The subject manholes are within an area regulated by the City of Carlsbad Habitat Management Plan (HMP). This HMP establishes the policy impact and mitigation standards with regard to the Federal and State Endangered Species Acts (ESA) compliance. This HMP identifies the location of proposed habitat preserves and links, intended to establish wildlife connectivity and corridors. The project is located within or in the vicinity of HMP Focus Planning Area #8, which is identified as a core area for wildlife protection and connectivity pursuant to the HMP. Environmental Evaluation: Construction of the proposed project is not expected to directly impact local wildlife movement or migratory fish or wildlife movement because (1) the project will not result uf'permanent impacts to biological resources, including the movement of any native resident or migratory wildlife species, or wildlife corridors, and (2) temporary impacts involve only foot-traffic and minor pruning during the construction period, and thus are not considered significant, as indicated in the Preliminary Biological Assessment. A biological monitor will oversee all construction activities. Plywood planks and/or railroad ties will be used to cover sensitive vegetation that has the potential to be temporarily crushed due to construction processes. No impacts to fish would result. However, the project may have indirect impacts on nesting or breeding birds because of impacts resulting from temporary, construction-related impacts, such as noise. Birds potentially impacted include the California gnatcatcher, least Bell's vireo, lightfooted clapper rail, and southwestern willow flycatcher, all species that may be found in the adjacent Diegan coastal sage scrub, willow scrub, and other sensitive habitats. These impacts would occur only during the bird nesting/breeding season, generally from March 1 to August 15. If project construction is contemplated during this time, the project would need to implement mitigation measures to ensure any temporary impacts do not significantly impact birds. Further, the project is subject to HMP Adjacency Standards so that other aspects of project construction or use that might impact wildlife, such as the introduction of invasive plants or exotic species or dust, are addressed through project design and mitigation measures. See the discussion under IV(f) below. Finding: Potentially significant unless mitigation incorporated — Mitigation measures are appropriate in order to minimize construction impacts to sensitive vegetation in the area and to eliminate the potential for impacts to nesting sensitive species which would be expected to utilize the area during breeding season. These species include the coastal California gnatcatcher, the least Bell's vireo, and the Southwestern willow flycatcher. This mitigation measure will address potential temporary impacts to birds that could result from construction during the nesting season and reduce those impacts to a level of insignificance. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Existing condition: The City of Carlsbad has no adopted tree preservation policy or ordinance which would affect the subject project. There are no significant trees that would be impacted by the project. Environmental Evaluation: The subject project will not impact trees or other biological resources protected by policy or ordinance except as otherwise described in response IV(a) and IV(c) above. Finding: No impact. Impacts are limited to non-sensitive resources that are not protected. 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Existing condition: The City of Carlsbad Habitat Management Plan (HMP) designates a natural preserve system and provides a regulatory framework for determining impacts and assigning mitigation. The project is also located within the California Coastal Zone and the East Batiquitos Segment of the adopted Local'Coastal Program (LCP). No other local, regional or state habitat conservation plans specific to this site encumber the property. 16 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Environmental Evaluation: The project is located within, or in the immediate vicinity of HMP Core Focus Planning Area #8. The project however, will not result in permanent impacts, as discussed in IV(a) above. The HMP contains a number of policies (7-1 to 7-14) that specifically apply to projects in the Coastal Zone. As this project is located in the East Batiquitos Land Use and Implementation Plan segment of the City's Local Coastal Program, it is subject to these policies. However, since the project does not permanently disturb any sensitive habitat, the majority of these policies do not apply. 1. Hardline Adjacency Standard. The project is located within the hardline preserve area. The project however, (1) the project will not result in permanent impacts to biological resources, and (2) temporary impacts involve only foot-traffic and minor pruning during the construction period, and thus are not considered significant. As a result the project does not result in impacts that would affect the hardline adjacency standard. ^ 2. Erosion Control Adjacency Standard. The project does not propose any earthwork or elimination of existing vegetation which performs erosion control purposes. The project will not direct any new surface drainage into Batiquitos Lagoon. 3. Landscaping Restriction Adjacency Standard. The proposed project does not impact any sensitive habitat. No grading or requirement for landscaping will result from implementation of the project. 4. Fences, Signs, and Lighting Adjacency Standard. Fences, signs, and lighting can assist in the protection and understanding of biological resources. However, they can also negatively impact wildlife and plants by inviting vandalism, restricting wildlife movement, and upsetting nocturnal species. The project complies with this adjacency standard because no lighting is proposed and no nightwork would be required. No fencing is proposed around any project feature. 5. Predator and Exotic Species Control Adjacency Standard. The project would comply with this standard in the following ways: (1) the project will not result in permanent impacts to biological resources, including the movement of any native resident or migratory wildlife species, or wildlife corridors, and (2) temporary impacts involve only foot-traffic and minor pruning during the construction period, and thus are not considered significant. Additionally, the ongoing manhole inspection and minor repair, video pipeline inspection, and occasional pipeline cleaning is temporary in nature and does not result in any significant impacts, and thus does not result in increased impacts to biological resources. No plant species listed as sensitive in the Carlsbad HMP were observed within 30 foot of a manhole. This survey was conducted during the winter, a time of year when not all rare plants known to occur locally are likely to be visible above-grade. However, the work proposed will not disturb soil below-grade, so no root damage or disturbance to perennial forbes (that could be more visible in the springtime) will occur. Under the circumstances, there is no anticipated possibility that significant impacts could occur to sensitive vegetation species that could potentially occur in the area. Therefore it is concluded that springtime surveys are not necessary because the project activities will not result in plant mortality. Finding: Less than significant impact. The project is located within, or in the immediate vicinity of HMP Core Focus Planning Area #8. Although the project occurs within Focus Planning Area #8 and a portion of the HMP Hardline Conservation Area, no significant impacts will result from implementation of the project. As demonstrated above, the project can be found consistent with the HMP. 17 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique pale ontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact n n a) Cause a substantial adverse change in the significance of a historical resource as defined in §1 5064.5? Existing condition: The proposed project involves the repair and rehabilitation of 43 existing sewer manholes which provide personnel and machinery access to an existing trunk sewer line located along the north shore of Batiquitos Lagoon. No expansion of the existing facilities are proposed. Environmental Evaluation: The manholes will be rehabilitated using a non-excavation, low-impact work method designed to eliminate direct impacts to the area surrounding each of the manholes. To the degree possible, access to the manholes will be via the existing public hiking trail and other disturbed areas and trails that criss-cross the area. In order to avoid vegetation impacts in the area, vehicles used to access and support the work will work only on the disturbed areas. Low impact vehicles with rubber tires will be used. The interior of each manhole will be cleaned with a high pressure hose. The cleaned manhole will then be lined (walls and bottom) with a fiberglass reinforced epoxy liner, which adheres to the cleaned interior with resin. No excavation or grading will be required for implementation of the rehabilitation project. Finding: No impact. As a result of the fact that no excavation is proposed, no significant impact to historical resources will result from implementation of the project. b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? Existing condition: The project site is located on the north shore of Batiquitos Lagoon and proposes only repair and rehabilitation of existing sewer manhole facilities. Environmental Evaluation: No excavation or grading will be required for implementation of the sewer manhole rehabilitation project. As a result no impact to archaeological resources could result from implementation of the project. Finding: No impact. As a result of the fact that no excavation is proposed, no significant impact to archaeological resources will result from implementation of the project. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 18 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Existing condition: The project site is located on the north shore of Batiquitos Lagoon and proposes only repair and rehabilitation of existing sewer manhole facilities. Environmental Evaluation: No excavation or grading will be required for implementation of the sewer manhole rehabilitation project. As a result no impact to paleontological or unique geologic features or resources could result from implementation of the project. Finding: No impact. As a result of the fact that no excavation is proposed, no significant impact to paleontological resources or unique geologic features will result from implementation of the project. d)Disturb any human remains, including those interred outside of formal cemeteries? Existing condition: The project site is located on the north shore of Batiquitos Lagoon and proposes only repair and rehabilitation of existing sewer manhole facilities. Environmental Evaluation: No excavation or grading will be required for implementation of the sewer manhole rehabilitation project. As a result no impact to human remains could be expected to result from implementation of the project. Finding: No impact. As a result of the fact that no excavation is proposed, no significant impact to human remains will result from implementation of the project. VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D X D 19 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated d) Be located on expansive soils, as defined in Table 18 r~~| I I - 1-B of the Uniform Building Code (1997), creating — — — substantial risks to life or property? e) Have soils incapable of adequately supporting the I 1 I I use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Existing condition: The project area is situated in the western portion of the Peninsular Ranges geomorphic province of southern California. This geomorphic province encompasses an area that extends 125 miles from the Transverse Ranges and the Los Angeles Basin, south to the Mexican border, and beyond another 775 miles to the southern tip of Baja California. The westernmost portion of the province in San Diego County, in which the site is located, generally consists of Upper Cretaceous, Tertiary and Quaternary age sedimentary rocks. The most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the north San Diego County area, indicates that the project is considered to be in a seismically active area, as is most of southern California. This map however, indicates that the subject site is not underlain by known active faults, nor is there evidence of ground displacement in the area during the last 11,000 years. The Rose Canyon fault zone is the closest known fault, which is the onshore portion of an extensive fault zone that includes the Offshore Zone of Deformation and the Newport-Inglewood fault to the north of the subject site. This fault zone, located approximately 4.5 miles westerly of the subject site, is made of predominately right-lateral strike- slip faults that extend south-southeast through the San Diego metropolitan area. The zone extends offshore at La Jolla, and continues north-northwest generally parallel to the coastline. Portions of the Rose Canyon fault zone in the San Diego area have been recognized by the State Geologist to be considered active. Additionally, the Julian and Temecula segments of the Elsinore fault zone, about 24 miles to the northeast of the subject site are also referenced in the Division of Mines and Geology Special Publication 42. Environmental Evaluation: No active faults have been mapped across the project site. The closest fault is located approximately 4.5 miles westerly of the site. The Elsinore fault zone is located approximately 24 miles east of the site. The potential for rupture resulting from earthquake is considered to be low. The subject site is not within a fault-rupture hazard zone as indexed in the Division of Mines and Geology Special Publication 42. No structures are proposed with this project. Because of the lack of known active faults on the site, the potential for surface rupture at the site is considered low. The seismic hazard most likely to impact the site is ground shaking resulting from an earthquake on one of the active regional faults discussed above. Further, the project features no components that would be occupied by people and the project would not be publicly accessible. Ongoing manhole inspection and minor repair, video pipeline inspection, and occasional pipeline 20 . Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project cleaning is temporary in nature and do not affect the soil conditions, and thus does not result in increased impacts to risk of earthquake or related injury and death. Finding: Less than significant impact. The project site is not within a fault-rupture hazard zone as determined in the geotechnical report, and as indexed in the Division of Mines and Geology Special Publication 42; therefore the project would not expose people or structures to potential substantial adverse effects. ii. Strong seismic ground shaking? Existing condition: Southern California is recognized as a seismically-active area. As indicated in the response to Item VI a) (i), the Rose Canyon fault zone is the closest known fault, located approximately 4.5 miles westerly of the subject site. This fault is made of predominately right-lateral strike-slip faults that extend south- southeast through the San Diego metropolitan area. The second-closest active area of potential ground motion is the Julian and Temecula segments of the Elsinore fault zone. No other known active faults are located within the vicinity of the project. The most significant seismic event likely to affect the proposed facilities would be a maximum moment magnitude 6.9 earthquake along the Rose Canyon fault zone, in which the horizontal peak ground acceleration could reach 0.36g (36% of the acceleration of gravity). Environmental Evaluation: The project site will likely be subject to ground shaking in response to either a local moderate or more distant large-magnitude earthquake. Seismic risk at the site is comparable to the risk for the San Diego area in general. The closest source to the site for ground motion, and the source that would produce the greatest ground acceleration at the site, is the Del Mar segment of the Rose Canyon/Newport-Inglewood fault zone, about 4.5 miles west, and potentially the Julian and Temecula segments of the Elsinore fault zone, about 24 miles to the northeast of the project site. Project design will meet or exceed existing earthquake design standards as required by city grading and building ordinances. Further, the project features no components that would be occupied by people and the project would not be publicly accessible. Finding: Less than significant impact. Earthquake faults exist within southern California, including two fault zones within 24 miles of the site. Historical records have indicated however, that the risk of strong seismic ground shaking of the project site is minimal, and thus is considered a less than significant impact. The project involves maintenance of existing public utility improvements only and thus does not involve the development of structures which would be considered a risk to life or property in the event of an earthquake event. iii. Seismic-related ground failure, including liquefaction? Existing condition: Liquefaction of soils with minimal cohesion can be caused by strong vibratory motion due to earthquakes. Research indicates that loose granular soils and silts that are saturated by a relatively shallow groundwater table are most susceptible to liquefaction. The area of the project is mostly underlain by alluvial soils. Environmental Evaluation: Alluvial soils are considered a moderate risk of liquefaction due to their sandy physical characteristics. The.project has however existed for many years and no significant liquefaction has occurred. Finding: Less than significant impact. The project does not propose any new uses or associated facilities on the existing sewer interceptor line. The project consists of maintenance and repair only of existing facilities only. The existing line has been in place for many years and has not been damaged by liquefaction resulting from the alluvial soils in and around the subject sit. Thus, the moderate liquefaction risk associated with the alluvial soils is not considered a significant impact. iv. Landslides? Existing condition: Areas of ancient land sliding have been identified outside the areas of the planned project. These landslides appear to be relatively shallow failures and not deep-seated. 21 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Environmental Evaluation: No landslides are anticipated to affect the proposed project development improvements. Finding: No impact. No landslides are anticipated to affect the proposed project. b) Result in substantial soil erosion or the loss of topsoil? Existing condition: The proposed project involves the rehabilitation of 43 existing manholes using a low-impact, trenchless work method designed to eliminate biological impacts to surface vegetation in the vicinity of the manholes. The project site contains erosive soil and is presently occupied by a public trail, the Aviara Golf Course, and other open spaces containing mostly native vegetation. No grading is proposed in conjunction with implementation of the project. Environmental Evaluation: No grading is proposed with the project. As such, no increase iif unprotected topsoil is expected to result from the project. Finding: No impact. It is concluded that impacts to soil erosion or the loss of topsoil would be less than significant because the project is required to comply with the erosion control requirements of the City of Carlsbad grading ordinance. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Existing condition: Please refer to existing condition VI a) (i, ii, iii, and iv). Environmental Evaluation: Please refer tp evaluation VI a) (i, ii, iii and iv). Finding: Less than significant impact. Please refer to response VI a) (i, ii, iii, and iv). d) Be located on expansive soils, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? Existing condition: The alluvial soils on the site are not considered to be expansive pursuant to the definitions identified in Table 18-1-B of the UBC (1997). No grading or construction of new development is proposed with the project. Environmental Evaluation: The alluvial soils are not considered to be significantly expansive. The project is existing and only involves replacement of manholes and ongoing maintenance. No grading is proposed. Finding: No impact. The project does not involve construction that would affect any expansive soils as defined in Table 18-1-B of the UBC (1997). e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Existing condition: The project site is presently occupied by a public trail, the Aviara Golf Course, and other open spaces containing mostly native vegetation. No grading sewer service, septic tanks or other disposal systems are proposed in conjunction with implementation of the project. Environmental Evaluation: No sewer service or septic tanks are required for the project. Finding: No impact. No wastewater disposal systems would be needed to serve the project; therefore, no septic tanks or alternative sewage disposal systems are included in the project description. 22 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated Less Than No Significant Impact Impact D D D a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Existing condition: There is no evidence of chemical surface staining, or hazardous materials/waste and/or petroleum contamination on the site. Environmental Evaluation: During replacement of the manholes, some construction materials such as petroleum products, resin, oils, and solvents will be transported and used on the site. Upon completion of construction of the project, some use of hazardous cleaning products on the site may occur. Other than during this construction phase, Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project the project would not routinely involve hazardous substances or materials. Also, no permanent use of such hazardous materials is anticipated. All transport, handling, use, and disposal of any cleaning substances would comply with all federal, state, and local laws regulating the management and use of such materials. Finding: Less than significant impact. It is concluded that the routine amount of hazardous materials utilized during the construction period is not significant, and therefore the impact to the public or the environment through the routine transport, use, or disposal of hazardous materials is less that significant. b) Create a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Existing condition: Please refer to the preceding existing condition response. -As* Environmental Evaluation: No significant hazard involving the release of hazardous material into the environment would be anticipated since only regularly used cleaning materials would be utilized and only in normal instances. Finding: Less than significant impact. Please refer to the response to Section VII a). No significant risk of accidental explosion or the release of hazardous substances is anticipated with construction, development, and implementation or operation and maintenance of the proposed project. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Existing condition: The subject project site is not located within one-quarter mile of an existing or proposed school. The nearest school is Aviara Oaks Elementary School, which is located over 1/2 mile away, on the north side of Aviara Parkway. Environmental Evaluation: The proposed project is not located within one-quarter mile of an existing or proposed school. Finding: No impact. As a result of the fact that the proposed project site is not located within one-quarter mile of an existing or proposed school, no impact is anticipated. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? Existing condition: The subject site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 56962.5. Environmental Evaluation: The subject site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 56962.5, which includes federal superfund sites (NPL), state response sites, voluntary cleanup sites, and school cleanup sites. The subject project is expected to reduce the potential for risk of bacteria that could enter Batiquitos Lagoon as a result of increased maintenance of the sewer interceptor and manholes. Finding: No impact. The subject property is not included on any list of hazardous materials, and has no known previous use history that would involve the use or storage of hazardous materials. e) For a project within an airport land use plan, or where such a plan has not. been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 24 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Existing condition: The subject site is located approximately 2 miles south of the McClellan-Palomar Airport runway. However, the project site is not located within the Airport Influence Area as outlined in the San Diego County Airport Land Use Compatibility Plan Policy Document. Environmental Evaluation: The project site is not located within the Airport Influence Area according to the San Diego County Airport Land Use Compatibility Plan Policy Document. Finding: No impact. The project will not result in a safety hazard for people working or residing in the project area. 0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Existing condition: No private airstrip exists in the vicinity of the subject project. -^ Environmental Evaluation: The project is not within the vicinity of a private airstrip. Finding: No impact. The project is not within the vicinity of a private airstrip. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Existing condition: The project site is existing and no new construction is proposed. The site is situated a substantial distance from any improved street or developed area other than the Aviara Golf Course and the North Batiquitos Lagoon public trail. Environmental Evaluation: Neither repair of the manholes nor the proposed maintenance of the existing facilities will significantly affect, block, or interfere with traffic on public streets, including any streets that would be used for an emergency response plan or emergency evacuation plan. No emergency response or evacuation plan directs evacuees through the project. Finding: No impact. No improvements are proposed by the project in any area which would physically interfere with an adopted emergency response plan or emergency evacuation plan. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Existing condition: The project site is presently occupied by golf course, public trail and primarily native surface vegetation. The only existing structure in the project area is the Aviara Golf Clubhouse. Environmental Evaluation: While the project site is adjacent to native habitat areas, it is a sewer interceptor repair and maintenance project. No structures are proposed as part of the project and the project has no components that are accessible to or habitable by people. Finding: No impact. The proposed project is not anticipated to result in any significant exposure to wildfire risk. Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? 25 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Potentially Significant Impact b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off- site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? e) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Increase erosion (sediment) into receiving surface waters. 1) Increase pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g. temperature, dissolved oxygen or turbidity? Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact El El 26 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project m) Change receiving water quality (marine, fresh or wetland waters) during or following construction? n) Increase any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? o) Increase impervious surfaces and associated runoff? p) Impact aquatic, wetland, or riparian habitat? q) Result in the exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Pot Sig Ii entially Potentially Less Than No nificant Significant Significant Impa< npact Unless Impact Mitigation Incorporated ^"S.; — X X X X a) Violate any water quality standards or waste discharge requirements? Existing condition: The subject project is located directly adjacent to Batiquitos Lagoon. Environmental Evaluation: The project is a repair and maintenance project. The repairs are such that they do not have the potential result in sewage spill or other water quality risks. Finding: No impact. The project involves the repair and ongoing maintenance of existing facilities and will not result in violation of any water quality standards or waste discharge requirements. b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Existing condition: The project area is on flat topography that drains south toward Batiquitos Lagoon. The project area is undeveloped, and presently contains public trails, golf course and native vegetation. Environmental Evaluation: The proposed project would improve the condition of the existing sewer interceptor line and manholes. The project would not redirect or interfere with any groundwater recharge occurring on the subject site. Finding: No impact. The proposed project is not expected to deplete groundwater supplies, or interfere with ground water recharge. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? Existing condition: Drainage flows from the subject site directly into Batiquitos Lagoon. The average yearly rainfall within this drainage area is approximately 13 inches. Nearly all of the surface runoff within the drainage area occurs between December and late March. Environmental Evaluation: The project would propose repair and improvements to reduce the potential for sewage spill by replacing existing manhole facilities that are in a state of disrepair. Flow patterns of creeks and drainages in the area would be maintained. 27 Rev. 02/15/08 North B'a'tiquitos Interceptor Sewer Improvements Project Finding: No impact. Since flow patterns of creeks and drainages would be maintained, and no grading is propose, erosion or siltation from alteration of drainage courses will not occur. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off-site? Existing condition: The project area is on flat topography that drains south toward Batiquitos Lagoon. The project area is mostly undeveloped except for the sewer interceptor line below the surface, the golf course and the public trail. Small drainages and creeks exist in the area. Environmental Evaluation: No grading or other improvements are proposed which would alter the course of any stream or river or substantially affect the flow rate or volume of surface runoff. ~v* Finding: No impact. No impact to any stream or river or increase in the volume of surface runoff will result through implementation of the proposed sewer manhole repair and ongoing maintenance project. e) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Existing condition: The project site is presently occupied by undeveloped property except for golf course and public trail. Existing storm drain facilities cross the sewer line on the surface of the affected area. Environmental Evaluation: The project would not contribute additional runoff water beyond what is found in the existing conditions onsite. No grading is proposed. The project would repair and maintain the existing sewer interceptor on the property which is presently in a state of disrepair. Finding: No impact. No additional pollution of surface waters is anticipated to result from the project. f) Otherwise substantially degrade water quality? Existing condition: The proposed project site presently drains to Batiquitos Lagoon, and ultimately to the Pacific Ocean. Environmental Evaluation: Construction of the proposed project improvements would secure the quality (reduce the potential for sewage spill) from the existing sewer interceptor line on the north shore of Batiquitos Lagoon. As a result, upon completion, the project would be expected to result in less risk of degraded water quality in the downstream lagoon. Precautions will be taken to eliminate the potential for sewage spill, or any other discharge of fluids, glues, or resins during the repair operation and ongoing maintenance efforts. Finding: Less than significant impact. The project is not expected to substantially degrade water quality in the area. g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? Existing condition: Portions of the project area is located within the 100-year flood hazard area. Environmental Evaluation: The project proposes no housing. Finding: No impact. No housing is proposed as part of the project. h) Place within 100-year flood hazard area structures, which would impede or redirect flood flows? Existing condition: Portions of the project area is located within 100-year flood hazard areas. 28 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Environmental Evaluation: The project proposes repair, replacement and maintenance of existing facilities only. The project will not place any new structures within the limits of the identified 100-year flood hazard areas. Thus no impediment to flood flows will result from implementation of the project. Finding: No impact. No structures will be placed within a 100-year flood hazard area. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Existing condition: Please refer to existing condition description VIII (g) and (h) above. Furthermore, Map 5.10.1-2 of the City's MEIR indicates the project site is not subject to flooding as a result of failure of the Lake San Marcos Dam, located 6 miles upstream from the project. Environmental Evaluation: Proposed project components would not expose people or structures to flooding. Finding: No impact. As explained herein and in VIII (g) and (h), the proposed project would not result in increased exposure of people or structures to a significant risk of loss injury or death involving flooding including flooding as a result of the failure of a levee or dam. j) Inundation by seiche, tsunami, or mudflow? Existing condition: The proposed project site is not located in an area prone to seiche or tsunami conditions as identified in the City's MEIR, Map 5.10.1-2. The project geotechnical report does not identify the area as prone to mudflows, noting the presence of two shallow, ancient landfills away from the locations where project improvements would be built. Environmental Evaluation: Conditions for seiche, tsunami or mudflow do not exist at or near the project site inasmuch as it is located inland from the ocean. As an erosion and sediment control project, the proposal would not expose people or structures to inundation. Finding: No impact. The potential for damage to the project from seiche, tsunami or mudflow are very low due to the project's location and elevation. No impacts to people or structures would occur. k) Increased erosion (sediment) into receiving surface waters. Existing condition: The proposed project site presently drains to Batiquitos Lagoon, and ultimately to the Pacific Ocean. The existing sewer interceptor exists underground. No grading is proposed by the project. Environmental Evaluation: No grading is proposed by the project and thus no erosion or sediment will result from implementation of the repair and maintenance project. Finding: No impact. No grading is proposed by the project and thus no erosion or sediment will result from implementation of the repair and maintenance project. 1) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? Existing condition: The proposed project site presently drains to Batiquitos Lagoon, and ultimately to the Pacific Ocean. The existing sewer interceptor exists underground. The project involves the repair and maintenance of manholes. The sewer access easement paralleling the work area snares much of its alignment with the Batiquitos Lagoon Public North Shore Trail. This trail is used by the City's maintenance crews to access the manholes for general maintenance and condition inspection. Access and staging of equipment for the rehabilitation of manholes will use this trail as a general staging area at the closest points reasonable to the manholes. Work will be done within the manholes and staging and liner preparation within the trail areas adjacent to the manholes. 29 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Environmental Evaluation: The project would repair and maintain an existing sewer interceptor line and related manhole access structures. The project proposes-no increase in pollutant discharges. No significant levels of heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances, or uncontrolled trash would be produced by the project. Conversely, the project is designed to reduce the possibility that these pollutants could escape and spill in the future, thereby contributing significantly to decreased pollution of downstream areas, including Batiquitos Lagoon. Finding: Significant unless mitigation incorporated. The potential for an increase in pollutant discharges through a temporary sewage spill or other pollutants from the repair construction could result from implementation of the proposed project. As a result, the City shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants?to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. This mitigation measure will address potential temporary impacts associated with the repair construction and reduce those impacts to a level of insignificance. m) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? Existing condition: Please refer to existing condition VIII a) above. Environmental Evaluation: Please refer to environmental evaluation VIII a) above. Finding: Less than significant impact. No receiving water quality will be adversely affected through implementation of the proposed project. Conversely, upon completion, the project would contribute significantly to decreased pollution of Batiquitos Lagoon. n) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d)Iist? Existing condition: Batiquitos Lagoon and the Pacific Ocean are downstream water bodies from the subject project site. Environmental Evaluation: No downstream water body is listed on the Clean Water Act Section 303(d). Finding: No impact. No downstream water body is listed on the Clean Water Act Section 303(d) and no significant levels of pollutants are anticipated to be released from the subject site. o) Increase impervious surfaces and associated runoff? Existing condition: The project area is on flat topography that drains south toward Batiquitos Lagoon. The project area is undeveloped and does not contain impervious surfaces except for the existing manholes which are approximately 8 square feet in area each. Environmental Evaluation: The project design does not include the construction of any new impervious surfaces, therefore, no additional runoff would be anticipated. Finding: No impact. No runoff associated with the construction of impervious-surfaces would result inasmuch as only insignificant impervious surfaces are proposed. p) Impact aquatic, wetland, or riparian habitat? Existing condition: The proposal would not result in impacts to native habitats, including aquatic, wetland or riparian habitat. 30 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Environmental Evaluation: The project does not propose impacts to any aquatic, wetland, or riparian habitat. Finding: No impact. No impacts to aquatic, wetland, or riparian habitats are proposed. q) The exceeds nee of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? Existing condition: Please refer to the preceding responses. Environmental Evaluation: Please refer to the preceding responses. Finding: Less than significant impact. Please refer to the preceding responses. As mitigated (see VIII a) above), no receiving water quality objectives would be adversely affected through implementation of'the proposed project. Conversely, upon completion, the project would contribute positively to the water quality of Batiquitos Lagoon and the lagoon's beneficial uses, as a result of decreased risk of sewage spill on the interceptor line. IX. LANDUSE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Potentially Significant Significant Impact Unless Mitigation Incorporated Less Than No Significant Impact Impact X a) Physically divide an established community? Existing condition: The project site is presently occupied by open space uses which perform buffer functions between the urbanized area of the Aviara community, including the adjacent Aviara Golf Course, and the open spaces in and around Batiquitos Lagoon. No established community exists cjoser than 1,000 feet to the north of the site. Environmental Evaluation: No structures are proposed as part of the project. Construction of the manhole repair and ongoing maintenance will not divide an existing community. Finding: No impact. The project would not separate any contiguous community areas. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Existing condition: The Carlsbad General Plan identifies the entire subject site as Open Space (OS land use). Existing Zoning is designated as Planned Community (P-C). The westerly 80% of the site is subject to the requirements of the Aviara Master Plan. The entire property is within the coastal zone. The project proposes repair and ongoing maintenance of the existing use. No new uses are proposed. 31 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Environmental Evaluation: Project compliance with each relevant land use document is examined below: 1. General Plan. The entire length of the project is in the OS land use designation. The Open Space and Conservation Element identifies public infrastructure as a permitted use within open spaces. The Land Use element requires that public facilities be provided in the city adequate for the projected population. The project complies with these provisions by providing the allowed sewer interceptor trunk line and manholes consistent with General Plan policies. 2. Aviara Master Plan. The westerly 80% of the subject property is located within the Aviara Master Plan area. The Aviara Master Plan designates the site as open space. The Aviara Master Plan also constitutes the Implementation for this area of the East Batiquitos/Hunt Properties Local Coastal Program. The remaining 20% of the subject site does not presently have a master plan approved, but will be required prior to the future development of urban uses on these properties. * 3. Zoning Ordinance. The proposed improvements repair and maintain sewer manholes which are in disrepair. Both the existing and proposed improvements serve or would serve to reduce the potential for sewage spill along this sewer line segment. Accordingly, the project is an existing allowed use within the 0-S Zone. 4. Coastal Act Compliance. The project is within the East Batiquitos/Hunt Properties Land Use Plan, which serves to implement the Local Coastal Program for this area of the Carlsbad Local Coastal Program. As with the General Plan, the Land Use Plan designates the area for open space uses. Both the Land Use Plan and the Carlsbad Habitat Management Plan (HMP) have strict policies to discourage destruction of sensitive habitat, including no net loss of sensitive habitats and significant restrictions on disturbing wetlands. The project proposes no disturbance of any sensitive habitat, including wetlands. Also, the subject sewer lines and manholes were installed prior to adoption of the Coastal Act, and thus they are a grandfathered land use. Further,, the project will not result in additional urban runoff, pollutants, erosion or sedimentation as no grading is proposed and no new uses will be constructed. In addition, the project construction will be phased and operated so as to not interrupt pedestrian access on the public trail through and parallel to the subject work. No vista points will be interrupted. The westerly 80% of the subject area is within an open space easement in favor of the Coastal Commission. The existing use is allowed pursuant to this easement. No increase in intensity or additional uses are proposed. This open space easement prohibits most development from occurring within it, including structures and removal of significant or native vegetation. However the easement does permit public facilities including sewer and drainage lines. Therefore, the project is consistent with the provisions of this easement. Finding: Less than significant impact. The proposed project would be consistent with all applicable land use policies. No incompatibility would exist between the proposed project and the applicable land use regulations. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Existing condition: The City of Carlsbad Habitat Management Plan for Natural Communities (HMP) is intended to lead to cirywide permits and authorization for the incidental take of sensitive plant and animal species in conjunction with private developments, public projects and other activities which are consistent with the Plan. No other habitat conservation plans specific to this site effect the property. As part of the planning process for the HMP, a citywide interconnected open space preserve system was identified. Areas were identified as biological habitat Core and Linkage Areas. The subject area is located within Core #8 which includes the wetland and lagoon areas within and to the south of the site. Environmental Evaluation: Evaluation of project compliance with the HMP is contained in Section IV, Biological Resources, subsection f). Finding: Less than significant impact. The project would not significantly impact sensitive vegetation and would not significantly affect the functioning of the hardline open space area and thus is considered consistent with the 32 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project City of Carlsbad Habitat Management Plan for Natural Communities in the City of Carlsbad. A complete discussion of consistency is found in this document under Section IV, Biological Resources, subsection f). Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Existing condition: The project site is presently occupied by golf course, public trail and natural vegetation. No known or expected mineral deposits of future value to the region and the residents of the state are located in the immediate vicinity of the subject project. Environmental Evaluation: No known mineral resources have been identified on the site, and such minerals are typically not found in soils typical of this site. The site is not located in an area of mineral resources as identified in MEIR 93-01, map 5.13-1. As a result of the grading excavation and disruption of the surface of the land that will result from the proposed project, no significant impact to the potential for valuable mineral deposits is anticipated from the project. Finding: No impact. No known mineral resource of regional or statewide value is known that would be affected through implementation of the project. Additionally, the project would affect a relatively small area of earth disruption, and any substantial mineral resource recovery under these minimal circumstances would not be expected. The site is not located in an area of mineral resources as identified in MEIR 93-01, map 5.13-1. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Existing condition: The subject site is not designated on the City of Carlsbad General Plan or the Zoning Ordinance as a locally important mineral resource recovery site. Environmental Evaluation: As a result of the fact that the City has not designated the subject property as an important mineral resource recovery site in any regulatory land use document, it is determined that implementation of the proposed project will not result in the loss of availability of a locally important mineral resource recovery site. Finding: No impact. No adopted regulatory land use documents, including the City of Carlsbad General Plan or the Zoning Ordinance, designate the subject site as a mineral resource recovery location. 33 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above " levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Existing condition; Presently, noise on the project site is generated by nearby golf course uses, motorists on Interstate 5 and to lesser degree motorists on La Costa Avenue, on the south side of Batiquitos Lagoon. The subject sewer line and manholes make no perceptible noise. The nearest existing housing is located approximately 75 feet northerly of the proposed project area. Environmental Evaluation: In terms of noise generation, the repair of the project manholes is anticipated to create the greatest a minute amount of noise, inasmuch as the sewer line after repair will not create any significant noise. The City of Carlsbad Municipal Code (Chapter 8.48) prohibits construction activity after sunset of any day, and before 7 A.M. Monday through Friday, and before 8 A.M. on Saturday, and all day Sunday and specified holidays. The Noise Ordinance does not set a defined noise level standard for construction activities, but simply limits the hours of construction. The significance of construction noise produced during project construction is typically assessed in accordance with the County of San Diego Noise Ordinance. San Diego County Noise Ordinance Section 36.410 stipulates that construction noise shall not exceed 75 dB for more than 8 hours during any 24-hour period. The only noise generator in close proximity to the project is traffic motorist noise from Interstate 5, located on the western end of the subject area. 34 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Finding: Less than significant impact. Construction noise levels generated by the project are anticipated to comply with City of Carlsbad permitted construction hours and County of San Diego Noise Policy standards. The developed project would result in no perceptible noise. b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? Existing condition: The proposed project site does not currently generate ground vibrations. Environmental Evaluation: No ground vibration or ground-bourne noise is expected to occur during construction of the project, the project is not anticipated to expose persons to or generation of excessive groundbourne vibration or noise levels.A-A Finding: No impact. The project would not produce any significant groundbourne vibration. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Existing condition: Please refer to response XI a). Environmental Evaluation: Please refer to response XI a). Finding: No impact. The project is not anticipated to result in a permanent increase, in ambient noise levels in the project vicinity above levels generated by vehicle traffic on Interstate 5. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Existing condition: Please refer to response XI a). Environmental Evaluation: Please refer to response XI a). Finding: Less than significant impact. During construction, no significant increase in ambient noise levels in the project vicinity is anticipated. Construction will be scheduled to conform to the noise level limitations specified in the Carlsbad Municipal Code, so the increase is not considered substantial or significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Existing condition: The subject site is located approximately 2 miles south of the McClellan-Palomar Airport runway. However, the project site is not located within the Airport Influence Area according to the San Diego County Airport Land Use Compatibility Plan Policy Document. Environmental Evaluation: The property is not located within an airport land use plan. Therefore, no special land use restrictions as they relate to airport safety are applicable to the project site. Finding: No impact. The proposed project will not expose people to excessive noise levels. 0 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Existing condition: No private airstrip exists in the vicinity of the subject project. Environmental Evaluation: The project is not within the vicinity of a private airstrip 35 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Finding: No impact. The project is not within the vicinity of a private airstrip. Potentially Significant Impact XII. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Existing condition: The project site is located within the City of Carlsbad's Zone 19 LFMP. The existing General Plan designation for the project site is Open Space (OS). Environmental Evaluation: No homes or businesses are proposed as part of the project, and the project proposes no change to the existing OS land use designation. The repairs and maintenance planned would address sewer manholes which are in need of repair, rather than serving as infrastructure for habitable uses. Therefore, growth would not be induced through the proposed sewer manhole repair project. Finding: No impact. The project would not induce substantial growth, nor would it induce population growth by providing infrastructure to support unplanned growth. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Existing condition: No housing exists within the immediate area of the proposed improvements. Environmental Evaluation: The proposed project will not displace any existing housing because no housing exists in the area of the subject project. Finding: No impact. No housing will be displaced by the project. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Existing condition: The project involves repair and ongoing maintenance of an existing sewer interceptor with manholes.. Environmental Evaluation: The proposed project will not displace any people because no people, residences or other development presently exists on the site. Finding: No impact. No people or houses will be displaced by implementation of the project. 36 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact IE! a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i. Fire protection? Existing condition: The project site is located within the Zone 19 Local Facilities Management Plan (LFMP) area. City of Carlsbad Fire Station No. 4 (6885 Batiquitos Drive) serves the subject site. Environmental Evaluation: The subject site is considered by the Carlsbad Fire Department to be within an effective fire response time of Fire Station No. 4. Furthermore, the project proposes no business or residential uses. The subject project would not measurably affect the anticipated current fire response times. Finding: No impact. The proposed project is within an area anticipated by the Fire Department to be within an effective fire response time. The project will comply with the standards identified in the Zone 19 LFMP, and therefore will not have any measurable affect on the fire service demands or'needs of the area. n.Police protection? Existing condition: The Carlsbad Police Department (CPD), located on 2560 Orion Way, services the entire city of Carlsbad. Although the City has not established an official service standard for the department, CPD does maintain a general in-house guideline that is followed in order to assure adequate police service to the community. This guideline suggests a six-minute maximum response time anywhere within the city limits. Environmental Evaluation: As it contains no residential or business uses, the proposed project would not represent an increase in demand on CPD resources. 37 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Finding: No impact. The repair of the sewer manholes and ongoing maintenance of the manholes and the sewer interceptor line would not cause an increase in the demand for police services. x iii. Schools Existing condition: The project is a repair and maintenance project only. Environmental Evaluation: The proposed project involves the repair of the sewer manholes and ongoing maintenance of the manholes and the sewer interceptor line. It features no component that would generate students. The project would not cause an increase in demand for schools. Finding: No impact. The project would not impact schools.-* iv. Parks? Existing condition: The project site consists of undeveloped land designated as open space. Environmental Evaluation: The proposed project involves the repair of the sewer manholes and ongoing maintenance of the manholes and the sewer interceptor line. It features no component that would generate park users. The project would not cause an increase in demand for parks. Finding: No impact. The proposed project will not create an increase in demand for parks, v. Other public facilities? Existing condition: Sewer: The Carlsbad Municipal Water District provides sewer service to the subject site. The Zone 19 LFMP stipulates that adequate sewer trunk line capacity must meet demand as determined by the appropriate wastewater district and must be provided concurrent with development. Water: The Carlsbad Municipal Water District provides water service to the subject site. Water is provided via an existing water transmission line located in Batiquitos Drive. The Zone 19 LFMP stipulates that water line capacity must meet demand as determined by the appropriate water district and must be provided concurrent with development. The LFMP also requires a minimum ten day average storage capacity prior to any development. Environmental Evaluation: Sewer: The subject project ensures an adequate supply of sewer connection in this area of Carlsbad. Water: No water service would be provided to the project. Finding: No impact. The proposed project would not generate sewer and water usage. No unanticipated demands would occur as a result of the project. Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XIV. RECREATION a) Would the project increase the use of existing ' S? neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 38 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Existing condition: The project involves the repair of the sewer manholes and ongoing maintenance of the manholes and the sewer interceptor line only. Environmental Evaluation: The project would not cause an increase in demand for recreational facilities. Finding: No impact. The proposal would generate no residents or workers and thus would not increase demand for parks. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Existing condition: The proposed project involves the repair of the sewer manholes and ongoing maintenance of the manholes and the sewer interceptor line only. Environmental Evaluation: The proposed project does not include nor require recreational facilities. Finding: No impact. The project does not feature nor require recreational facilities. Potentially Significant Impact XV. TRANSPORTATION/TRAFFIC - Would the project. a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact 39 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Potentially Significant Impact e) Result in inadequate emergency access? f) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Existing condition: The subject project is located in the southwest quadrant of the city of Carlsbad, just east of Interstate 5 and generally south of Batiquitos Drive. No vehicular traffic is presently generated by the project site except for minimal and periodic inspection by City sewer line inspectors and routine maintenance of the trail and golf course facilities in the area. Environmental Evaluation: The proposed project would not generate substantial traffic. Some minor traffic would result from delivery and removal of construction equipment and from arriving and departing construction workers. This traffic would be minimal and temporary, lasting no more than one to two months. No grading operation is proposed Ongoing periodic visits to inspect and maintain project components also would be necessary. Finding: No impact. The proposed project would not cause a substantial increase in traffic. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Existing condition: SANDAG acting as the County Congestion Management Agency has designated three roads (Rancho Santa Fe Rd., El Camino Real and Palomar Airport Rd.) and two highway segments in Carlsbad as part of the regional circulation system. The Existing and Buildout average daily traffic (ADT) and Existing LOS on these designated roads and highways in Carlsbad are: Rancho Santa Fe Road El Camino Real Palomar Airport Road SR78 1-5 Existing ADT* 17-35 27-49 10-57 124-142 199-216 LOS A-D A-C A-D F D Buildout ADT* 35-56 33-62 30-73 156-180 260-272 ' The numbers are in thousands of daily trips. The Congestion Management Program's (CMP) acceptable Level of Service (LOS) standard is "E", or LOS "F" if that was the LOS in the 1990 base year (e.g., SR 78 in Carlsbad was LOS "F" in 1990). Accordingly, all designated roads and highways are currently operating at or better than the acceptable standard LOS. Environmental Evaluation: As explained in XV a) above, the proposed project would not impact substantially traffic flow in the area of the project. The buildout ADT projections above are based on the full implementation of the region's general and community plans. The proposed project is a permitted open space use and is consistent with General Plan land use Open Space designation for the project site; therefore, its traffic was used in modeling the buildout projections. Achievement of the CMP acceptable Level of Service (LOS) "E" standard assumes implementation of the adopted CMP strategies. 40 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Based on the design capacity(ies) of the designated roads and highways and implementation of the CMP strategies, the designated streets will function at acceptable level(s) of service in the short-term and at buildout. Finding: No impact. As explained in XV a) above, the proposed project would not impact substantially traffic flow in the area of the project. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? Existing condition: The subject site is located approximately 2.0 miles south of the McClellan-Palomar Airport runway. However, the project site is not located within the Airport Influence Area according to the San Diego County Airport Land Use Compatibility Plan Policy Document. -i. Environmental Evaluation: The project site is not located within the Airport Influence Area according to the San Diego County Airport Land Use Compatibility Plan Policy Document. The project features no aviation components. Therefore, no special land use restrictions as they relate to airport safety are applicable to the project site. Finding: No impact. The project will not result in a change in air traffic patterns. d) Substantially increase hazards due to a design feature or incompatible uses? Existing condition: The project site is currently undeveloped and has no roadways other than the public trail which is generally of sufficient width that maintenance and repair vehicles can be accommodated. Environmental Evaluation: The project proposes no circulation improvements. No increase in hazards would be expected. The project would reduce the risk of sewage spill. Finding: No impact. The project proposes no circulation improvements or construction along or to an existing or proposed city road and does not affect any public or private access to other property. e) Result in inadequate emergency access? Existing condition: The project is in an undeveloped area directly served only by the public trail. Environmental Evaluation: Project construction sites are far removed from Batiquitos Drive, which is the nearest street. The project would not eliminate any existing access to the area. Finding: No impact. The project would not affect any public street or access or affect any private access to other property. f) Result in inadequate parking capacity? Existing condition: The project site is currently undeveloped and is not next to any developed uses. Environmental Evaluation: The proposed project involves the repair of the sewer manholes and ongoing maintenance of the manholes and the sewer interceptor line. No parking is proposed. Finding: No impact. The project neither requires nor proposes parking. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)? Existing condition: The subject site is undeveloped and contains no uses that require alternative transportation. Further, the site is not identified on any regional or community plans relative to alternative transportation. 41 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Environmental Evaluation: The project is located on a site that is not considered integral to any alternative transportation policies. The project features no components that would require alternative transportation or that would generate any alternative transportation users. Finding: No impact. As a result of the fact that regional and local policies, plans or do not include any specific reference to the site in terms of alternative transportation programs, it is concluded that the project would not conflict with adopted policies, plans, or programs supporting alternative transportation. XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected , demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated ^ Less Than Significant Impact No Impact El El El El El a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Existing condition: The project site is open space. Environmental Evaluation: The proposed project would not generate wastewater. Finding: No impact. The project would not have an impact on wastewater treatment. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? 42 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project Existing condition: Please refer to the previous response. The project will not result in an increase in quantity of wastewater generation already handled by the Encina Wastewater Treatment Plant. Environmental Evaluation: The project would not result in an increase in quantity of wastewater generation already handled by the Encina Wastewater Treatment Plant. Finding: No impact. No additional water or wastewater treatment facilities would be required due to the construction of the proposed project. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Existing condition: The project site is presently improved with drainage facilities. The subject project consists of repair and maintenance to existing underground facilities. No modification of the ground surface is proposed. Environmental Evaluation: The proposed project is necessary to repair sewer manholes which are presently in a state of disrepair. No grading is proposed. No modification to existing drainage routes is proposed. No increase in runoff will result from implementation of the repair and maintenance project. Finding: No impact - No modification or addition of new storm water drainage facilities or expansion of existing facilities will be required as a result of the manhole repair and maintenance project. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Existing condition: The project site is presently occupied by golf course, public trail and primarily natural vegetation. Environmental Evaluation: The proposed project would not require a water supply. Thus, the project would have no impact on water supplies. Finding: No impact. The project would not result in an impact to water supplies. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Existing condition: Please refer to response XVI a). Environmental Evaluation: Please refer to response XI a). Finding: No impact. No increase in wastewater treatment will result from the project. 0 Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Existing condition: The project proposes the repair of the sewer manholes and ongoing maintenance of the manholes and the underground sewer interceptor line. Environmental Evaluation: The project would not generate solid waste, other than the disposal during construction of existing minor improvements such as concrete chunks from the old manhole internal walls.. Finding: No impact. No measurable increase in impact on solid waste creation is expected to result from the subject project. 43 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project g) Comply with federal, state, and local statutes and regulations related to solid waste? Existing condition: See previous response. Environmental Evaluation: The project would create no significant impact on solid waste collection and disposal, and will comply with federal, state and local statutes. Finding: No impact. The project would create no impact on solid waste collection and disposal, and would comply with federal, state and local statutes. Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless •* Impact Mitigation Incorporated XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumula- tively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? D a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Existing condition: The project site is presently occupied by golf course, a public trail and primarily native vegetation. ^Environmental Evaluation: The project involves the repair and ongoing maintenance of existing sewer manholes and sewer interceptor line. This repair would decrease the risk of sewage spill into adjacent Batiquitos Lagoon and thus result in a net benefit to the water quality of the lagoon and the habitat quality of nearby sensitive habitat areas. Finding: Potentially significant unless mitigation incorporated. Potentially significant project impacts could occur to biological resources, as indicated in this document. These impacts are primarily short-term and would occur only during project construction and all can be mitigated to a less than significant level. 44 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects?) Existing condition: The project site is presently occupied by golf course, public trail and primarily natural vegetation. Environmental Evaluation: Mitigation for impacts associated with this and other cumulative projects, including project construction and operations, ensures the incremental impacts from development would not contribute to the significant cumulative impacts. As an example, the City's HMP was designed to mitigate cumulative biological impacts in the region. This project's conformance to the HMP ensures it avoids the potential to contribute to a significant cumulative impact to biology. ^ Finding: No impact. It is concluded that the cumulative impacts would be less than significant. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Existing condition: The project site is presently occupied by golf course, public trail and primarily natural vegetation. Environmental Evaluation: The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Significant environmental effects of the project, all of which can be mitigated, are limited to potential impacts in the areas of biological resources, cultural resources, geology/soils, hydrology/water quality, and utilities and service systems. However, the project is an area inaccessible to the public, proposes no habitable structures or uses, is not proposed on a site with hazardous substances, and involves no use that would require transport, use, storage, or upset of hazardous materials or that would generate hazardous or objectionable fumes, plumes, or odors. Finding: No impact. Potential adverse effects on the human population have been evaluated in preceding sections of this checklist. The project would meet all existing standards established by federal, state, and local regulations as discussed herein. With implementation of proposed mitigation measures, no substantial indirect or direct adverse effects would result from project implementation. XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less Than Significant with Mitigation Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 45 Rev. 02/15/08 North Batiquitos Interceptor Sewer Improvements Project EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), City of Carlsbad Planning Department. March 1994. 2. California Department of Transportation website, "California Scenic Highway Mapping System." http://www.dot.ca.gov/hq/LandArch/scenic_highwavs/index.htm. Accessed June 7, 2007. 3. Scenic Corridor Guidelines. City of Carlsbad. July 1. 1988. 4. Current Rules and Regulations. County of San Diego Air Pollution Control District (November, 2002). 5. San Diego County Important Farmland. California Department of Conservation (September, 2002). 6. Screening Level Biological Assessment North Batiquitos Interceptor Sewer Improvements. Planning Systems. December 7, 2007. 7. Habitat Management Plan for Natural Communities in the City of Carlsbad. City of Carlsbad. Final Approval November, 2004. 8. Uniform Building Code - Volume 1 (1997); Table 18-1-B. 9. Special Publication 42. California Geological Survey; State Geologist Division of Mines and Geology (May 1996). 10. Zone 19 Local Facilites Management Plan. City of Carlsbad. November, 1987 11. Carlsbad Municipal Code Title 21; Zoning Ordinance. City of Carlsbad. Updated through November 2006. 12. City of Carlsbad Local Coastal Program. City of Carlsbad. Adopted November 1987, Chapter II- 4 East Batiquitos/Hunt Properties Segment. 13. Airport Land Use Compatibility Plan. McClellan-Palomar Airport. Carlsbad. California. San Diego County Regional Airport Authority. Originally adopted April 22, 1994. Amended October 4, 2004. 14. General Plan. City of Carlsbad Planning Department. March 1994, with updates through November 2006. 15. Aviara Master Plan (MP-177BB). City of Carlsbad. Originally adopted December 22, 1987, Amended May 6, 1999. 16. Open Space Deed Restriction. Recording requested by the California Coastal Commission. Recorded as document number 1988-02973611 on May 30, 1988 by Official Records, San Diego County Recorder's Office. 46 Rev. 01/02/07 North Batiquitos Interceptor Sewer Improvements Project LIST OF MITIGATING MEASURES (IF APPLICABLE) To mitigate potentially significant project impacts, the following mitigation measures shall be applied to the development of the proposed project: See attached Mitigation Monitoring and Reporting Program. APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date ' Signature 47 ' Rev. 01/02/07 FILE NUMBERS: CDP 07-13 Page 1 of 7 PROJECT NAME: NORTH BATIQUITOS SEWER MANHOLE REPAIRS AND MAINTENANCE APPROVAL DATE: The following environmental mitigation measures were incorporated into the Conditions of Approval for this project in order to mitigate identified environmental impacts to a level of insignificance. A completed and signed checklist for each mitigation measure indicates that this mitigation measure has been complied with and implemented, and fulfills the City's monitoring requirements with respect to Assembly Bill 3180 (Public Resources Code Section 21081.6). Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Biology Bio-1. Bird Nesting Season prohibition. Implementation of the following mitigation measures shall be required for project components that result in indirect impacts (e.g., construction-generated noise) to the coastal California gnatcatcher, the least Bell's vireo, and the Southwestern willow flycatcher. A. No clearing, grubbing, grading, or other construction activities shall occur between February 15 and September 15, the breeding season of the above- referenced bird species, until the following requirements have been met to the satisfaction of the City: i. A qualified Biologist (possessing a valid Endangered Species Act Section 10(a)(l)(a) ' Recovery Permit) shall survey appropriate habitat areas subject to construction noise levels exceeding 60 dBA Leq for the presence of gnatcatcher. Gnatcatcher, Bell's vireo and Flycatcher surveys shall be conducted pursuant to USFWS protocol survey guidelines a maximum of 3 days (within the breeding season) prior to commencement of construction. If gnatcatchers, Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 2 of 7 Mitigation Measure Bell's vireo or Flycatchers are present, then the following conditions must be met: Between February 15 and September 15, no construction activities shall occur where such activities would result in noise levels exceeding 60 dBA Leq at the edge of occupied gnatcatcher habitat. An analysis concluding that construction-generated noise would not exceed 60 dBA Leq at the edge of occupied habitat must be completed by a qualified Acoustician (possessing current noise engineer license or registration, with experience monitoring noise levels for listed wildlife species) at least 2 weeks prior to commencement of construction activities. If non-listed nesting birds are detected in habitat adjacent to construction areas, reasonable precautions to avoid bird mortality in nests will be implemented as recommended by the monitoring biologist.; OR ii. At least 2 weeks prior to commencement of construction activities, and under the direction of a qualified Acoustician, noise attenuation measures (e.g., berms, walls) shall be implemented to ensure that construction generated noise will not exceed 60 dBA Leq at the edge of occupied gnatcatcher, Bell's vireo or Flycatcher habitat. Concurrent with commencement of construction activities and with implementation of necessary noise attenuation measures, noise monitoring shall be conducted at the edge of occupied habitat to ensure that construction-generated noise does not Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 3 of 7 Mitigation Measure exceed 60 dBA Leq. If the noise attenuation measures implemented are determined to be inadequate by the qualified Acoustician or Biologist, then the associated construction activities shall cease until such time that adequate noise attenuation is achieved or until the end of the breeding season (September 15). iii. If gnatcatchers, Bell's vireo or Flycatchers are not detected during the preconstruction survey within areas that would be subject to construction noise levels exceeding 60 dBA Leq, the qualified Biologist shall submit substantial evidence to the City and applicable regulatory agencies demonstrating whether noise attenuation measures (e.g., berms, walls) are necessary between February 15 and September 15 as follows: a. If this evidence indicates the potential is high for gnatcatcher to be present based on historical records or site conditions, then the applicant shall adhere to mitigation measure la. above. b. If this evidence concludes that no impacts to this species are anticipated, no mitigation measures will be necessary. iv. The proposed maintenance work activities on manholes AH #57, #58, #59, #60, and #61 shall not occur during the breeding season of the California gnatcatcher (February 1 5 through August 31) due to the potential for impact to breeding birds in this area. This shall not Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 4 of 7 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks preclude work on the remaining manholes during the breeding season subject to the requirements articulated above. Bio-2. Biological Monitor Required. A Wildlife Agency-approved biological monitor shall be present to monitor and oversee all construction activities having the potential to significantly impact sensitive biological resources. The biological monitor shall have the authority to stop construction and require additional precautions or conservation measures deemed necessary to protect the biological resources in the area. Implementation of this measure shall be verified by the City of Carlsbad Planning Department prior to and concurrent with construction. Planning Bio-3. Access Through Sensitive Vegetation. Only rubber- tired vehicles and/or balloon-tired all-terrain vehicles shall be used for construction and ongoing maintenance of the project. When vehicles are accessing manholes AH #54-#60 where sensitive vegetation may be encountered, a biological monitor shall be present to direct access per the following guidelines: A. Hoses shall be laid over existing vegetation as directed by monitor. B. Hoses must be extended to their maximum length prior to vehicular crossing of sensitive vegetation. C. Vehicles may only cross sensitive vegetation on a service road/trail, and only on the least impacting location along that road/trail. D. Pruning of sensitive vegetation along each tire track shall be no more than 24" wide. E. All sensitive vegetation to be crossed by vehicles shall be overlaid with decking, either a plywood Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 5 of 7 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks shield or railroad ties, in a manner that limits crushing of vegetation. The monitor shall direct whether block or railroad ties shall be used to elevate the decking from the ground surface to reduce the crushed footprint. When workers are accessing manholes AH #22, #29-#36, #41, #45-#48, #54-#60 where sensitive vegetation may be encountered in the immediate work zone, a biological monitor shall be present to direct access per the following guidelines: F. During and after periods of significant rainfall when the access trail soil is muddy, care must be taken to avoid damage to the trail surface and adjacent plants. G. Pruning of shrubs in sensitive vegetation that occurs in the Immediate Work Zone (within a five foot radius of the manhole), shall be directed by the biological monitor. H. Sensitive low-growing vegetation in the Immediate Work Zone shall be overlaid with plywood sheeting that has been cut into a 5-foot radius over that portion of the work to be protected. The monitor shall direct if block must be used to elevate the plywood from the ground surface to reduce the crushed footprint. Bio-4. Pre-Construction Contractor Education. The biologist shall prepare a Pre-Construction Education Plan. This plan shall provide information necessary to train all contractors and construction personnel on the biological resources associated with this project. At a minimum, training shall include: 1) the purpose for resource protection; 2) a description of sensitive habitats and protected plants and animals in the vicinity of the project; 3) the guidelines involving limiting activities, vehicles, equipment and Planning Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 6 of 7 Mitigation Measure Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks construction materials, including identification of acceptable vehicle parking stations and remote work stations, during implementation of the project; 4) environmentally responsible construction practices; 5) protocols to be followed to resolve conflicts that may arise at any time during the construction process, and 6) the penalties associated with violations of the Endangered Species Act. Bio-5. Post-Construction Report. A post-construction report shall be prepared and distributed to the City Planning Department to document compliance with the mitigation measures identified in this MMRP. If the post-construction report concludes that any permanent impacts have occurred to sensitive vegetation in the area as a result of implementation of the project, a revegetation and monitoring plan (with a schedule for implementation), reviewed and accepted by the USFWS shall be prepared and implemented. Planning Hydrology/Water Quality Water-1. NPDES. The developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to Engineering Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. Page 7 of 7 Mitigation Measure remove and properly dispose of toxic and hazardous waste products, b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers, c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Monitoring Type Monitoring Department Shown on Plans Verified Implementation Remarks Explanation of Headings: Type = Project, ongoing, cumulative. Monitoring Dept. = Department, or Agency, responsible for monitoring a particular mitigation measure. information. Shown on Plans = When mitigation measure is shown on plans, this column will be initialed and dated. Verified Implementation = When mitigation measure has been implemented, this column will be initialed and dated. Remarks = Area for describing status of ongoing mitigation measure, or for other RD - Appendix P. From: "David Lawhead" <DLawhead@dfg.ca.gov> To: <cgarc@ci.carlsbad.ca.us> Date: 07/01/2008 3:36 PM Subject: Fwd: Batiquitos Interceptor Sewer Rehabilitation MND >» "David Lawhead" <DLawhead@dfg.ca.gov> 7/1/2008 3:23 PM >» Mr. Garcia, The California Department of Fish and Game (Department) has reviewed the City of Carlsbad's Draft Mitigated Negative Declaration (MND) for the Batiquitos Interceptor Sewer Rehabilitation project (SCH#2008061028) and offers the following comments. The Department is a Trustee Agency and a responsible Agency pursuant to the California Environmental Quality Act (CEQA), Sections 15386 and 15381, respectively. The Department is responsible for the conservation, protection, and management of the State's biological resources, including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA), and administers the Natural Community Conservation Planning (NCCP) program. The Department is also responsible for conservation of wetland Habitats through its Streambed Alteration Agreement program (Fish and Game Code Section 1600) The City is a participant in the State's Natural Community Conservation Planning (NCCP) program through the preparation of its Habitat Management Plan (HMP). The Batiquitos Interceptor Sewer Rehabilitation project proposes to repair and rehabilitate 43 existing above-ground sewer manholes along a 1.9-mile section of existing wastewater pipeline north of Batiquitos lagoon, between Gabbiano Lane and El Camino Real within the City. Maintenance procedures have been developed to avoid areas of sensitive biological resources by the timing of maintenance activities, focusing access and staging areas on already existing roads/trails and disturbed areas, and avoidance of ground disturbances to sensitive vegetation. The Department appreciates the City's efforts to avoid and/or minimize impacts to sensitive biological resources in the implementation of this project. The Department offers the following comments and recommendations: 1. Most Department concern is focused on potential project impacts along the pipeline route on the northeastern portion of Batiquitos Lagoon. As mentioned in the MND, the Department owns a small portion of the property in this area. Biological field surveys of this area (June 20, 2008), and the adjacent "Mitsuuchi" property, by Department biologists found that this area was occupied by 2-4 pairs of breeding California gnatcatchers. Gnatcatcher individuals or pairs were found between manholes #57 and #58, #58 and #59, and #60 and #61. In addition, a gnatcatcher family group was found just north of manhole #57. All of these sightings were within coastal sage scrub or disturbed CSS habitat. The point to be made is that maintenance work in this area must avoid the gnatcatcher breeding season (February 15 through August 31. Other less sensitive portions of the pipeline can be repaired during this time period, as long as no other breeding birds are disturbed. Because the project also has the potential to impact least Bell's vireo and southwestern willow flycatcher, as indicated in the MND, the Department requests that work in areas with potential habitat for these species be avoided between March 15 and September 15. 2. It is recommended that the City avoid the use of equipment on trails and roads that are likely to become very muddy during the rainy season. Not to do so has the potential to significantly damage the soils and the plants that rely upon them. Again, this is of special concern on Department-owned land, and other lands along the northeastern potion of the lagoon. The Department requests that the City notify the Department one week prior to conducting repair and maintenance work on our property. Please contact Tim Dillingham, Batiquitos Lagoon Ecological Reserve manager, at (858) 467-4204 to coordinate work before it is to begin. Thank you for the opportunity to comment on this project. If you have any questions please contact me. Sincerely, David Lawhead Staff Environmental Scientist CA Dept. of Fish and Game South Coast Region 4949 Viewridge Ave. San Diego, CA 92123 (858) 627-3997 If City of Carlsbad Planning Department July 30, 2008 David Lawhead Staff Environmental Scientist CA Dept. of Fish and Game South Coast Region 4949 Viewridge Ave. San Diego, CA 92123 RE: COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE BATIQUITOS INTERCEPTOR SEWER REHABILITATION PROJECT IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA (SCH# 2008061028) Thank you for submitting comments on the Draft Mitigated Negative Declaration (DMND) for the Batiquitos Interceptor Sewer Rehabilitation project (SCH No. 2008061028). The City has the following responses to each comment received in the email dated July 1, 2008. Agency Comment City Response 1. Most Department concern is focused on potential project impacts along the pipeline route on the northeastern portion of Batiquitos Lagoon. As mentioned in the MND, the Department owns a small portion of the property in this area. Biological field surveys of this area (June 20, 2008), and the adjacent "Mitsuuchi" property, by Department biologists found that this area was occupied by 2-4 pairs of breeding California gnatcatchers. Gnatcatcher individuals or pairs were found between manholes #57 and #58, #58 and #59, and #60 and #61. In addition, a gnatcatcher family group was found just north of manhole #57. All of these sightings were within coastal sage scrub or disturbed CSS habitat. The point to be made is that maintenance work in this area must avoid the gnatcatcher breeding season (February 15 through August 31. Other less sensitive portions of the pipeline can be repaired during this time period, as long as no other breeding birds are disturbed. Because the project also has the potential to impact least Bell's vireo and southwestern willow flycatcher, as indicated in the MND, the Department requests that work in areas with potential habitat for these species be avoided between March 15 and September 15. ' The Mitigation Monitoring and Reporting Program (MMRP) Bio-1 will be modified to not allow work on manholes 57, 58, 59, 60 and 61 during the gnatcatcher breeding season. The Mitigation Monitoring and Reporting. Program (MMRP) Bio-1 will be modified to change the end of the breeding season for vireo and flycatcher to September 15 instead of August 15. 1535 Faraday Avanue • Carlsbad, CA 92008-7314 » (730) 802-4600 » FAX (780) 502-8559 » www.ci.carlsbad.ca.us , CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATION July 30, 2008 .Page 2 Agency Comment City Response 2. It is recommended that the City avoid the use of equipment on trails and roads that are likely to become very muddy during the rainy season. Not to do so has the potential to significantly damage the soils and the plants that rely upon them. Again, this is of special concern on Department-owned land, and other lands along the northeastern potion of the lagoon. The MMRP Bio-3 will be modified to add that after periods of significant rainfall when the access trail soil is muddy, care must be taken to avoid damage to the trail surface and adjacent plants. The DMND will be changed based upon the comments received and the responses listed above. Since the changes being made tighten the mitigation measures to a stricter standard, the DMND does not meet the standard necessary for recirculation. Therefore, the DMND will satisfy the environmental review requirement pursuant to CEQA for this project. Thank you again for your comments. Sincerely, CHRIS GARCIA Junior Planner c: Mark Biskup, Associate Engineer Dave de Cordova, Principal Planner Mike Grim, Senior Planner File From: <Marci_Koski@fws.gov> To: <cgarc@ci.carlsbad.ca.us> CC: <DLawhead@dfg.ca.gov> Date: 07/03/2008 9:46 AM Subject: Batiquitos Interceptor Sewer Rehabilitation MND In response refer to: FWS-SDG-08B0582-08TA0665 Dear Mr. Garcia: The U.S. Fish and Wildlife Service (Service) has reviewed the City of Carlsbad's Draft Mitigated Negative Declaration (MND) for the Batiquitos Interceptor Sewer Rehabilitation project (SCH #2008061028), received by our office June 4, 2008. The primary concern and mandate of the Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Federal Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 etseq.). We offer the following comments to assist the City in avoiding, minimizing, and adequately mitigating project-related impacts to biological resources, and to ensure that any approved project is consistent with all applicable requirements of the City's Habitat Management Plan (HMP). 1. Mitigation measure Bio-1 .A indicates that no clearing, grubbing, grading, or other construction activities shall occur between March 1 and August 15 to avoid impacts to breeding coastal California gnatcatcher, least Bell's vireo, and the Southwestern willow flycatcher. However, the breeding season for virep and flycatcher does not end until September 15, so we recommend avoiding the above activities between March 1 and September 15 to avoid impacts to these sensitive species. The dates in the draft MND should be revised in all mitigation measures where avoidance of the bird breeding season is addressed. 2. Mitigation measure Bio-1 .A.i. states that gnatcatcher, vireo and flycatcher surveys shall be conducted pursuant to Service protocol survey guidelines a minimum of four weeks (within the breeding season) prior to commencement of construction. However, we typically also recommend that a qualified biologist conduct pre-construction surveys in the adjacent habitat to determine the location of any active bird nests in the area, including raptors and ground nesting birds (not just listed species). The surveys should begin not more than three days prior to the beginning of construction activities; four weeks prior to construction leaves time during which birds could initiate breeding activities that may be interrupted by construction. If nesting birds are detected in habitat adjacent to construction areas, the precautions in the proposed mitigation measures should be implemented. The Service appreciates the opportunity to comment on the Batiquitos Interceptor Sewer Rehabilitation MND. If you have any questions concerning the above comments, please contact me at (760) 431 -9440 ext. 304. Thank you, Marci Marci L. Koski, M.S., Ph.D. Fish and Wildlife Biologist U.S. Fish & Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, CA 92011 760.431.9440 ext. 304 760.431.5902 fax City of Carlsbad Planning Department July 30, 2008 Marci Koski U.S. Fish & Wildlife Service Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, CA 92011 RE: COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE BATIQUITOS INTERCEPTOR SEWER REHABILITATION PROJECT IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA (SCH# 2008061028) Thank you for submitting comments on the Draft Mitigated Negative Declaration (DMND) for the Batiquitos Interceptor Sewer Rehabilitation project (SCH No. 2008061028). The City has the following responses to each comment received in the email dated July 3, 2008. Agency Comment 1. Mitigation measure Bio-1.A indicates that no clearing, grubbing, grading, or other construction activities shall occur between March 1 and August 15 to avoid impacts to breeding coastal California gnatcatcher, least Bell's vireo, and the Southwestern willow flycatcher. However, the breeding season for vireo and flycatcher does not end until September 15, so we recommend avoiding the above activities between March 1 and September 15 to avoid impacts to these sensitive species. The dates in the draft MND should be revised in all mitigation measures where avoidance of the bird breeding season is addressed. 2. Mitigation measure Bio-1.A.i. states that gnatcatcher, vireo and flycatcher surveys shall be conducted pursuant to Service protocol survey guidelines a minimum of four weeks (within the breeding season) prior to commencement of construction. However, we typically also recommend that a qualified biologist conduct pre- construction surveys in the adjacent habitat.to determine the location of any active bird nests in the area, including raptors and ground nesting birds (not just listed species). The surveys should begin not more than three days prior to the beginning of construction activities; four weeks prior to construction leaves time during which birds could initiate breeding activities that may be interrupted by construction. If nesting birds are detected in habitat adjacent to construction areas, the precautions in the proposed mitigation measures should be implemented. City Response The Mitigation Monitoring and Reporting Program (MMRP) Bio-1 will be modified to change the end of the breeding season for vireo and flycatcher to September 15 instead of August 15. The MMRP Bio-1 will be modified to change the timeframe of pre- construction surveys to not more than 3 days prior to initiation of construction activities, instead of 4 weeks. Also, the mitigation measure will be modified to include a requirement that if non-listed nesting birds are detected in habitat adjacent to construction area, reasonable precautions to avoid bird mortality in nests will be implemented. 1835 Faraday Avenue » Carlsbad, CA 92008-7314 « (730) 602-4600 * FAX (760) 602-8559 » www.ci.carlsbad.ca.us -" S. .'?.?.:• 5 '" ' • BATIQUITOS INTERCEPTS SEWER REHABILITATION July 30, 2008 .Page 2 _ The DMND will be changed based upon the comments received and the responses listed above. Since the changes being made tighten the mitigation measures to a stricter standard, the DMND does not meet the standard necessary for recirculation. Therefore, the DMND will satisfy the environmental review requirement pursuant to CEQA for this project. Thank you again for your comments. Sincerely, CHRIS GARCIA Junior Planner c: Mark Biskup, Associate Engineer Dave de Cordova, Principal Planner Mike Grim, Senior Planner File Department.of Toxic Substances Control Maureen F. Gorsen, Director LindaS. Adams 5796 Corporate Avenue Arnold Schwarzenegger Secretary for Cypress, California 90630 £ GovernorEnvironmental Protection June 30, 2008 Mr, Chris Garcia City of Carlsbad Engineering Department 1635 Faraday Avenue Carlsbad, California 92008 DRAFT MITIGATED NEGATIVE DECLARATION (ND) FOR BATIQUITOS INTERCEPTOR SEWER MANHOLE REPAIRS AND MAINTENANCE (CIP #3538) (SCH# 2008061028) Dear Mr. Garcia: The Department of Toxic Substances Control (DTSC) has received your submitted document for the above-mentioned project. As stated in your document: "The proposed project consists of the repair and rehabilitation of forty-three (43) existing sewer manholes which are located at intervals along an existing sewer interceptor line on the north shore of Batiquitos lagoon between Gabbiano Lane and El Camino Real in Carlsbad. The project also includes ongoing, regular maintenance of the manholes and below-ground sewer interceptor line." Based on the review of the submitted document DTSC has the following comments: 1) The ND should identify and determine whether current or historic uses at the project area may have resulted in any release of hazardous wastes/substances. 2) The document states that the ND would identify any known or potentially contaminated sites within the proposed project area. For all identified sites, the ND should evaluate whether conditions at the site may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). Printed on Recycled Paper Mr. Chris Garcia June 30, 2008 Page 2 • Site Mitigation Program Property Database (formerly CalSites): A Database primarily used by the California Department of Toxic Substances Control. • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • Leaking Underground Storage Tanks (LUST) / Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental assessment should be conducted to determine if a release has occurred. If so, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state laws, regulations and policies. Mr. Chris Garcia June 30, 2008 PageS 4) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 5) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 6) If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. 7) If weed abatement occurred, onsite soils may contain herbicide residue. If so, proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. 8) In future CEQA documents, please provide the following additional contact information: contact person title and e-mail address. If you have any questions regarding this letter, please contact Mr. Ai Shami, Project Manager, at (714) 484-5472 or "ashami@DTSC.ca.gov". Sincerely, Greg Holmes Unit Chief Brownfields and Environmental Restoration Program - Cypress cc: See next page. Mr. Chris Garcia June 30, 2008 Page 4 cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806 CEQA #2198 City of Carlsbad 7-30-O'S Planning Department July 30, 2008 Al Shami Project Manager Department of Toxic Substances Control 5796 Corporate Avenue Cypress, CA 90630 RE: COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE BATIQUITOS INTERCEPTOR SEWER REHABILITATION PROJECT IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA (SCH# 2008061028) Thank you for submitting comments on the Draft Mitigated Negative Declaration (DMND) for the Batiquitos Interceptor Sewer Rehabilitation project (SCH No. 2008061028). The City has the following responses to each comment received in the letter dated June 30, 2008. Agency Comment City Response 1. The ND should identify and determine whether current or historic uses at the project area may have resulted in any release of hazardous wastes/substances. As indicated in the DMND, the proposed project is a sewer manhole maintenance project which will not be impacted by previous release of hazardous wastes and substances. The proposed project does not result in any sub-grade disturbance and thus will result in improved, sewer facilities which will reduce the possibility of any future hazardous waste discharge. 2. The document states that the ND would identify any known or potentially contaminated sites within the proposed project area. For all identified sites, the ND should evaluate whether conditions at the site may pose a threat to human health or the environment. As indicated in the DMND, the subject site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 56962.5 and has no known previous use history that would involve the use or storage of hazardous materials- Furthermore, the project will not result in any subsurface disturbances of soil, minimizing any potential exposure or .release of unknown hazardous substances. 3. The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If hazardous materials or wastes were stored at the site, an environmental No hazardous wastes or substances are known to have been stored or released at or near the subject site. Based on the information available and an assessment of the site references in the DMND, there is no evidence that hazardous waste or substances exist on or near the subject site. Furthermore, the project will not result in 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATION July 30, 2008 Page 2 assessment should be conducted to determine if a release has occurred. If so, further studies should be carried • out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated. It may be necessary to determine if an expedited response action is required to reduce existing or potential threats to public health or the environment. If no immediate threat exists, the final remedy should be implemented in compliance with state laws, regulation and policies. any subsurface disturbances of soil, minimizing any potential exposure or release of unknown hazardous substances. 4. The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project proposes to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. As described in the MND, the sewer manhole maintenance project will utilize methods that do not entail soil excavation or filling. Since no soil will be excavated, no contaminated soil will be encountered through implementation of the project. 5. Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. A study of the site overseen by the appropriate government agency might have to be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. No hazardous areas have been identified in or near the manhole maintenance locations. Therefore, oversight by an additional, governmental agency is not seen as warranted in this circumstance. 6. If during construction/demolition of the project, soil and/or groundwater contamination is suspected, construction/demolition in the area should cease and appropriate health and safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted, and the appropriate government agency to provide regulatory oversight. Based on the available information, including a records search and field survey of the surrounding area, there is no reasonable expectation that hazardous areas will be encountered during implementation of the project. Furthermore, there will be no. subsurface ground disturbance associated with this project. CDP 07-13 - BATIQUITOS INTERCEPTOR SEWER REHABILITATION July 30, 2008 Page 3 7. If weed abatement occurred, onsite soils may contain herbicide residue. If so, proper investigation and remedial actions, if necessary, should be conducted at the site prior to construction of the project. Similar to comment 3, No hazardous wastes or substances have been known to have been stored or released at or near the subject site. Based on the information available and an assessment of the site references in the DMND, there is no evidence that hazardous waste or substances exist on or near the subject site. No active weed abatement will occur through implementation of the project. 8. In future CEQA documents, please provide the following additional contact information: contact person title and e-mail address. This information is acknowledged. Your agency's comments have been carefully reviewed and the above responses provide clarification of project features and/or impact analysis and mitigation measures. However, the City has determined that changes to the project or MND are not warranted as a result of these comments. Therefore, the DMND will satisfy the environmental review requirement pursuant to CEQA for this project. Thank you again for your comments. Sincerely, CHRIS GARCIA Junior Planner Mark Biskup, Associate Engineer Dave de Cordova, Principal Planner Mike Grim, Senior Planner File NATIVE AMERICAN HERITAGE COMMISSION RECEIVED 915 CAPITOL MAIL, ROOM 364 SACRAMENTO, CA 85814 HJM oo'HifiR(916)653*251 JUIN d, 1 £UUO Fax (916) 657-5390 Wab sue vmw,nahc.ca.goY ENGINEERING Ae-mail: ds natic@paebell.net «i-i—i \i <-< ^ " DEPARTMENT * June 23.2008 jUt4 2008 Mr. Chris Garcia, Junior Planner Planning Department CITY OF CARLSBAD ENGINEERING DEPARTMENT 1635 Faraday Avenue Carlsbad, CA 92008 Re: SCH#20QB061028: CEQA Notice of Completion: Proposed Negatjve Declaration for the Bafiguitos Interceptor Sewer Manhole Repairs & Maintenance (CIP#3538): San Dieoo County. California Dear Mr. Garcia: The Native American Heritage Commission is the state agency designated to protect California's Native American Cultural Resources. The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect1 requiring the preparation of ah Environmental Impact Report (EIR) per the California Code of Regulations §15064.5(b)(c (CEQA guidelines). Section 15382 of the 2007 CEQA Guidelines defines a significant impact on the environment as "a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ...objects of historic or aesthetic significance.' In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential, effect (APE)', and if so, to mitigate that effect. To adequately assess the project-related impacts on historical resources, the Commission recommends the following action: V Contact the appropriate California Historic Resources Information Center (CHRIS) fpr.possibie 'recorded sites' in locations where the development will or might occur.. Contact information for the Information Center nearest you is available from.the .State Office of Historic Preservation (916/653-7278V http://www.ohp. pafhs.ca.gov. The record search will determine: . ; • • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE. > If the probability is low, moderate, or high that cultural resources are located in the APE. • If a survey is required to determine whether previously unrecorded cultural resources are present V If an archaeological inventory survey is required, the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure. • The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. V Contact the Native American Heritage Commission (NAHC) for * A Sacred Lands File (SLF) search of the project area and information on tribal contacts in the project vicinity that may have additional cultural resource information. Please provide this office with the following citation format to assist with the Sacred Lands File search request USGS 7.5-mlpute quadrangle citatiop with name, township, range and section: . • The NAHC advises the use of Native American Monitors, when profession archaeologists or the equivalent are employed by project proponents, in order to ensure proper identification and care given cultural resources that may.be discovered. The NAHC recommends that contact be made with Native American Contacts on the attached list to get their input on potential project impact (APE). In some cases, the existence of a Native American cultural resources may be known only to a Ideal tribe(s). v1 Lack of surface evidence of archeological| resourcesiddes not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of , accidentally discovered archeological resources, per;.California Environmental Quality Act (CEQA) §15064.5 (f). In areas of Identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground-disturbing activities. • A culturally-affiliated Native American tribe may be the only source of information about a Sacred Site/Native American cultural resource. » Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts, in consultation with culturally affiliated Native Americans. V Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans. * CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. V Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of any human remains In a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. . Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. •J Lead agencies should consider avoidance, as defined in SI 5370 of the California Code of Regulations (CEQA Guidelines), when significant cultural resources are discovered during the course of project planning and implementation Please feel free to contact me at (916) 653-6251 if you have any questions. nglefon/1 Program Anat ' Attachment List of Native American Contacts Cc: State Clearinghouse Native American Contacts San Diego County June 23, 2008 San Pasqual Band of Mission Indians Allen E. Lawson, Chairperson PO Box 365 Diegueno Valley Center , CA 92082 (760) 749-3200 (760) 749-3876 Fax Kwaaymii Laguna Band of Mission Indians Carmen Lucas P.O. Box 775 Diegueno - Pine Valley , CA 91962 (619)709-4207 Kumeyaay Cultural Historic Committee Kumeyaay Cultural Repatriation Committee Ron Christman Steve Banegas, Spokesperson 56 Viejas Grade Road Diegueno/Kumeyaay 1095 Barona Road Diegueno/Kumeyaay Alpine , CA 92001 Lakeside , CA 92040 (619) 445-0385 (619) 742-5587 (619)443-0681 FAX Pauma &Yuima Christobal C. Devers, Chairperson P.O. Box 369 Luiseno Pauma Valley , CA 92061 paumareservatlon@aol.com (760) 742-1289 (760) 742-3422 Fax Sah Luis Rey Band of Mission Indians Russell Romo, Chairman 12064 Old Pomerado Road Luiseno Poway , CA 92064 (858)748-1586 Kumeyaay Cultural Heritage Preservation Paul Cuero 36190 Church Road, Suite 5 Diegueno/ Kumeyaay Campo . CA 91906 chairman ©campo-nsn.gov (619)478-9046 (619)478-9505 (619) 478-5818 Fax Pauma Valley Band of Luiseno Indians Bennae Calac, Chair - Repatriation Committee P.O. Box 369 Luiseno Pauma Valley , CA 92061 bennaecalac@aol.com (760)617-2872 (760) 742-3422 - FAX This list la current only as of the date of this document Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list Is only applicable for contacting local Native Americans with regard to cultural resources for the propose SCH*20080S1028; CEQA Notice of Completion; proposed Negative Declaration for the BUquilos Interceptor Sewer Rehabilitation Project (CIP 07-13); City of Carlsbad Engineering Department; San Diego County, California. Native American Contacts San Diego County June 23, 2008 Ewiiaapaayp Tribal Office Michael Garcia, Vice-Chairman/EPA Director PO Box 2250 Kumeyaay Alpine , CA 91903-2250 michaelg @ leaningrock. net (619) 445-6315-voice (619) 445-9126-fax San Luis Rey Band of Mission Indians Mark Mojado, Cultural Resources 1889 Sunset Drive Luiseno Vista , CA 92081 Cupeno (760) 724-8505 (760) 586-4858 (cell) Clint Linton P.O. Box 507 Diegueno/Kumeyaay Santa Ysabel - CA 92070 (760) 803-5694 cjlinton73@aol.com Mel Vernon San Luis Rey Band of Mission Indians 1044 North Ivy Street Luiseno Escondido . CA 92026 melvern@aol.com (760)746-8692 (760) 703-1514-cell This list Is current only as of the date of this document Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list Is only applicable for contacting local Native Americans with regard to cultural resources for the propose SCH*2008061028; CEQA Notice ot Completion; proposed Negative Declaration for the Btlqultos Interceptor Sewer Rehabilitation Project (CIP 07-13); City of Carlsbad Engineering Department; San Olego County, California. City of Carlsbad Planning Department July 30, 2008 Dave Singleton Program Analyst Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95814 RE: COMMENTS ON THE DRAFT MITIGATED NEGATIVE DECLARATION FOR THE BATIQUITOS INTERCEPTOR SEWER REHABILITATION PROJECT IN THE CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA (SCH# 2008061028) Thank you for submitting comments on the Draft Mitigated Negative Declaration (DMND) for the Batiquitos Interceptor Sewer Rehabilitation project (SCH No. 2008061028). The City has the following response to your comment letter dated June 23, 2008: As indicated in the DMND, the proposed project involves the repair and rehabilitation of existing sewer manholes using a non-excavation, low-impact work method designed to eliminate direct impacts to the area surrounding each of the manholes. To the degree possible, access to the manholes will be via the existing public hiking trail and other disturbed areas and trails that criss-cross the area. Vehicles used to access and support the work will work only on the existing disturbed areas. Low-impact vehicles with rubber tires will be used. The interior of each manhole will be cleaned with a high pressure hose. The cleaned manhole will then be lined (walls and bottom) with a fiberglass reinforced epoxy liner, which adheres to the cleaned interior with resin. No excavation or grading will be required for implementation of the. rehabilitation project. No areas that are not previously disturbed will be impacted. As a result of the characteristics of this maintenance project, it is the City's conclusion that no reasonable possibility exists that any exposing or uncovering of any cultural or historical resources or artifacts or human burials could occur. Therefore, no survey or archaeological or Native American monitoring is warranted for this project. Thank you again for your comments. Sincerely, CHRIS GARCIA Junior Planner c: Mark Biskup, Associate Engineer Dave de Cordova, Principal Planner Mike Grim, Senior Planner File 1535 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us