HomeMy WebLinkAboutHabitat West Inc; 2017-01-27; TRAN1514TRAN1514
withhold a ten percent (10%) retention until City has accepted the work and/or Services specified
in Exhibit "A".
Incremental payments, if applicable, should be made as outlined in attached Exhibit "A".
6. PREVAILING WAGE RATES
Any construction, alteration, demolition, repair, and maintenance work, including work performed
during design and preconstruction such as inspection and land surveying work, cumulatively
exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws.
The general prevailing rate of wages, for each craft or type of worker needed to execute the
contract, shall be those as determined by the Director of Industrial Relations pursuant to the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the
California Labor code, a current copy of applicable wage rates is on file in the office of the City
Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all
such workers employed by him or her in the execution of the Agreement. Contractor and any
subcontractors shall comply with Section 1776 of the California Labor Code, which generally
requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section
1776.
7. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and
in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be
under control of City only as to the result to be accomplished, but will consult with City as
necessary. The persons used by Contractor to provide services under this Agreement will not be
considered employees of City for any purposes.
The payment made to Contractor pursuant to the Agreement will be the full and complete
compensation to which Contractor is entitled. City will not make any federal or state tax
withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be
required to pay any workers' compensation insurance or unemployment contributions on behalf
of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty
(30) days for any tax, retirement contribution, social security, overtime payment, unemployment
payment or workers' compensation payment which City may be required to make on behalf of
Contractor or any agent, employee, or subcontractor of Contractor for work done under this
Agreement. At the City's election, City may deduct the indemnification amount from any balance
owing to Contractor.
8. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.
If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the
acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons directly
employed by Contractor. Nothing contained in this Agreement will create any contractual
relationship between any subcontractor of Contractor and City. Contractor will be responsible for
payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of
a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically
noted to the contrary in the subcontract and approved in writing by City.
9. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.
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10. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that this
section will survive the expiration or early termination of this Agreement.
11. INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and all
amendments, insurance against claims for injuries to persons or damage to property which may
arise out of or in connection with performance of the services by Contractor or Contractor's
agents, representatives, employees or subcontractors. The insurance will be obtained from an
insurance carrier admitted and authorized to do business in the State of California. The insurance
carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus
line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating
in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by
the National Association of Insurance Commissioners (NAIC) latest quarterly listings report.
11.1 Coverage and Limits.
Contractor will maintain the types of coverage and minimum limits indicated below, unless the
Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage
will not constitute any limitations or cap on Contractor's indemnification obligations under this
Agreement. City, its officers, agents and employees make no representation that the limits of the
insurance specified to be carried by Contractor pursuant to this Agreement are adequate to
protect Contractor. If Contractor believes that any required insurance coverage is inadequate,
Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at
Contractor's sole expense. The full limits available to the named insured shall also be available
and applicable to the City as an additional insured.
11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per
occurrence for bodily injury, personal injury and property damage. If the submitted policies contain
aggregate limits, general aggregate limits will apply separately to the work under this Agreement
or the general aggregate will be twice the required per occurrence limit.
11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work
for City). $1,000,000 combined single-limit per accident for bodily injury and property damage.
11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor
has no employees and provides, to City's satisfaction, a declaration stating this.
11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's
profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a
period of five years following the date of completion of the work.
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11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under
this Agreement contain, or are endorsed to contain, the following provisions:
11.2.1 The City will be named as an additional insured on Commercial General Liability
which shall provide primary coverage to the City.
11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which
will be written as claims-made coverage.
11.2.3 This insurance will be in force during the life of the Agreement and any extensions
of it and will not be canceled without thirty (30) days prior written notice to City sent by certified
mail pursuant to the Notice provisions of this Agreement.
11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this
Agreement, Contractor will furnish certificates of insurance and endorsements to City.
11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance
coverages, then City will have the option to declare Contractor in breach, or may purchase
replacement insurance or pay the premiums that are due on existing policies in order to maintain
the required coverages. Contractor is responsible for any payments made by City to obtain or
maintain insurance and City may collect these payments from Contractor or deduct the amount
paid from any sums due Contractor under this Agreement.
11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete
and certified copies of any or all required insurance policies and endorsements.
12. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the
Agreement, as may be amended from time-to-time.
13. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this
Agreement. All records will be clearly identifiable. Contractor will allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of records and
any other documents created pursuant to this Agreement. Contractor will allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
14. OWNERSHIP OF DOCUMENTS
All work product produced by Contractor or its agents, employees, and subcontractors pursuant
to this Agreement is the property of City. In the event this Agreement is terminated, all work
product produced by Contractor or its agents, employees and subcontractors pursuant to this
Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy
of the work product for Contractor's records.
15. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and
Contractor relinquishes all claims to the copyrights in favor of City.
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16. NOTICES
The name of the persons who are authorized to give written notice or to receive written notice on
behalf of City and on behalf of Contractor under this Agreement.
For City
Name Sherri Howard
Title Associate Engineer
Department Public Works
City of Carlsbad
Address 1635 Faraday Ave
Carlsbad,CA 92008
Phone No. 760-602-27 45
For Contractor
Name Gigi Hurst
Title Project Manager
Address 2067 Wineridge Place, Suite 8
Escondido, CA 92029
Phone No. 760-735-9378
Email habitatgal@habitatwest.com
Each party will notify the other immediately of any changes of address that would require any
notice or delivery to be directed to another address.
17. CONFLICT OF INTEREST
Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report
investments or interests in all four categories.
18. GENERAL COMPLIANCE WITH LAWS
Contractor will keep fully informed of federal, state and local laws and ordinances and regulations
which in any manner affect those employed by Contractor, or in any way affect the performance
of the Services by Contractor. Contractor will at all times observe and comply with these laws,
ordinances, and regulations and will be responsible for the compliance of Contractor's services
with all applicable laws, ordinances and regulations.
Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986
and will comply with those requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors and consultants whose services are
required by this Agreement.
19. DISCRIMINATION AND HARASSMENT PROHIBITED
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment.
20. DISPUTE RESOLUTION
If a dispute should arise regarding the performance of the Services the following procedure will
be used to resolve any questions of fact or interpretation not otherwise settled by agreement
between the parties. Representatives of Contractor or City will reduce such questions, and their
respective views, to writing. A copy of such documented dispute will be forwarded to both parties
involved along with recommended methods of resolution, which would be of benefit to both
parties. The representative receiving the letter will reply to the letter along with a recommended
method of resolution within ten (1 0) business days. If the resolution thus obtained is unsatisfactory
to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The
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City Manager will consider the facts and solutions recommended by each party and may then opt
to direct a solution to the problem. In such cases, the action of the City Manager will be binding
upon the parties involved, although nothing in this procedure will prohibit the parties from seeking
remedies available to them at law.
21. TERMINATION
In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may
terminate this Agreement for nonperformance by notifying Contractor by certified mail of the
termination. If City decides to abandon or indefinitely postpone the work or services contemplated
by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon
notification of termination, Contractor has five (5) business days to deliver any documents owned
by City and all work in progress to City address contained in this Agreement. City will make a
determination of fact based upon the work product delivered to City and of the percentage of work
that Contractor has performed which is usable and of worth to City in having the Agreement
completed. Based upon that finding City will determine the final payment of the Agreement.
Either party upon tendering thirty (30) days written notice to the other party may terminate this
Agreement. In this event and upon request of City, Contractor will assemble the work product and
put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work
performed to the termination date; however, the total will not exceed the lump sum fee payable
under this Agreement. City will make the final determination as to the portions of tasks completed
and the compensation to be made.
22. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that Contractor has not employed or retained any company or person, other
than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that
Contractor has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon, or resulting from, the award or making of this Agreement. For breach or violation
of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,
to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the
fee, commission, percentage, brokerage fees, gift, or contingent fee.
23. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must
be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation
of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,
the False Claims Act applies to this Agreement and, provides for civil penalties where a person
knowingly submits a false claim to a public entity. These provisions include false claims made
with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of
information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to
recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a
false claim may subject Contractor to an administrative debarment proceeding as the result of
which Contractor may be prevented to act as a Contractor on any public work or improvement for
a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is
grounds for City to terminate this Agreement.
24. JURISDICTION AND VENUE
Any action at law or in equity brought by either of the parties for the purpose of enforcing a right
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or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the
County of San Diego, State of California, and the parties waive all provisions of law providing for
a change of venue in these proceedings to any other county.
25. SUCCESSORS AND ASSIGNS
It is mutually understood and agreed that this Agreement will be binding upon City and Contractor
and their respective successors. Neither this Agreement nor any part of it nor any monies due or
to become due under it may be assigned by Contractor without the prior consent of City, which
shall not be unreasonably withheld.
26. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to or contemplated by it, along
with the purchase order for this Agreement and its provisions, embody the entire Agreement and
understanding between the parties relating to the subject matter of it. In case of conflict, the terms
of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions
may be amended, modified, waived or discharged except in a writing signed by both parties.
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EXHIBIT "A"
SCOPE OF SERVICES AND FEE
Contractor will perform duties in support of the Agua Hedionda Creek Channel between Cannon
Road and El Camino Real Bridges. The types of services are as follows:
• Maintenance activities during the 180-day Plant Establishment Period including and not
limited to items describes in the attached Planting Plan and Plant Establishment
specifications attached as Exhibit B.
• Maintenance Activities to achieve the success criteria outlined in the project permits
attached as Exhibits C through F. The following is the success criteria from the project
permits at the end of the 180-Day Plant Establishment Period: cuttings 60% survival rate;
container plants-90% survival rate; and seeded area 50% native vegetation cover.
Daily work reports with activity, name and classification of employees and at least two photos
shall be included after any site visit and for each day of the maintenance activity. Daily work
Reports shall be submitted to the city after each site visit.
Funding for the services is as follows:
TASK DESCRIPTION TERM PAYMENT FEE (not
to exceed)
1 180-Day Plant Establishment February 2017 Time and $17,670 Period (Year 1) through June 2017 Materials
1A Maintenance Activities for February 2017 Time and $1,000 Adaptive Manag_ement through June 2017 Materials
2 Maintenance Activities (Year 1) July 2017 through Time and $10,800 December 2017 Materials
Subtotal Year 1 $29,470
3 Maintenance Activities Year 2 January 2018 through Time and $18,432 December 2018 Materials
3A Maintenance Activities for January 2018 through Time and $5,000 Adaptive Management Year 2 December 2018 Materials
Subtotal Year 2 $23,432
4 Maintenance Activities for January 2019 through Time and $5,000 Adaptive Management Year 3 December 2019 Materials
Subtotal Year 3 $5,000
CONTRACT TOTAL $57,902
Additional Exhibits:
A Maintenance Proposal from Habitat West and Schedule of Fees
B. Planting Plan and Plant Establishment Specifications
C. Department of the Army Nationwide Permit Verification SPL-2015-00840-WSZ
D. CDFW SAA No 1600-2015-0238-RS-Operation of Law Letter
E. RWQCB R9-2015-0184-819481 :amonji-Notice of Applicability, Clean Water Act Section
401 General Water Quality Certification for Small Habitat Restoration Projects, (File No.
SB09016GN)
F. City of Carlsbad Special Use Permit (SUP 15-02)
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Hourly Rates for City of Carlsbad: Certified payroll 1/3/2017
Habitat Specialist $108.00
Superintendent $65.00
Supervisor $59.40
Foreman w truck $44.50
Laborer $28.36
Herbicide Applicator $35.00
Admin/Cierical $47.50
Project Manager $80.00
PCA $76.30
Irrigation Supervisor $47.25
Irrigation Technician $39.00
21 0 Skip loader $205.00
257-B MTL $205.00
304 CR Mini Ex. $205.00
John Deer 450 $230.00
Water costs: per unit $6.50
Herbicide per oz. .55 cents
Materials Cost+ 10%
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
SECTION 32 98 00-PLANT ESTABLISHMENT
PART 1-GENERAL
1.01 GENERAL CONDITIONS
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
A. Requirements of the General Conditions and of Division 1-General
Requirements, apply to work in this Section with same force and effect as
though repeated in full herein.
1.02 SCOPE OF WORK
A. After planting preparation, planting, seeding, and irrigation work have been
completed, reviewed and accepted the Engineer, furnish materials, labor,
transportation, services and equipment necessary to provide plant
establishment maintenance work as indicated on Drawings and as specified
herein.
B. The Plant Establishment Period begins immediately after the Engineer gives
a written notice of acceptance of the seeding, planting, and irrigation system
installation, and continues for a minimum of 180 calendar days (6 months).
The Plant Establishment Period is not complete until the Engineer gives a
written notice of a Final Project Acceptance.
C. The intent for this project is to have healthy and vigorous, persistent plants
and seeded areas at the end of the Plant Establishment Period that can
survive without irrigation or other maintenance actions. Water shall be applied
in a way that will allow for the "weaning off' of plants. Wherever possible,
these plantings and seeded areas should consist of the original materials
installed during the Installation Period.
D. Work included in this Section:
1. General Plant Establishment;
2. Insect and Disease Control;
3. Maintaining Water Retention Basins;
4. Watering;
5. Irrigation System Maintenance;
6. Non-native invasive species Control;
7. Replacement Planting;
8. Reseeding Areas;
9. Other Maintenance;
10. Record Drawings;
11. Plant Establishment Reports;
12. Cleanup;
13. Site Observation Before Final Project Acceptance;
14. Site Observation Schedule; and
15. Final Project Acceptance.
PLANT ESTABLISHMENT
32 98 00
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
E. Work related in other Sections:
1. Section 31 3519.16, Geotextile Slope Protection;
2. Section 32 84 00 Planting Irrigation;
3. Section 32 91 00 Planting Preparation;
4. Section 32 92 19 Seeding; and
5. Section 32 93 00 Planting.
1.03 REQUIREMENTS OF REGULATORY AGENCIES
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
A. All Federal, State, and local laws and regulations governing this work are
hereby incorporated into and made part of this Section. When this Section
calls for certain materials, workmanship or a level of construction that exceeds
the level of Federal, State, or local requirements, the provisions of this Section
shall take precedence.
1.04 DEFINITIONS
A. Healthy Plants: Healthy plants shall be those that are of good form, free of
disease and insect infestation, are robust, and exhibit vigorous growth
(foliage and wood). They must not be heat or water stressed.
B. Irrigation Season: The Irrigation Season refers to the beginning and ending
dates for watering; and shall be May 1 to October 31 and at other times
according to the direction of the Engineer including times of drought, or
unseasonably dry weather.
C. Plant Establishment Period: The Plant Establishment Period shall be as
defined Article 1.02 of this Section.
D. Final Project Acceptance: Final Project Acceptance is the milestone when all
work, including work under this Section, is completed and approved by the
Engineer. Final Project Acceptance does not in any way release the
Contractor from the requirements or duration of any guarantees according to
the Specifications.
1.05 PERFORMANCE STANDARDS
A. Target Survival Rates.
1. The target survival rate for all container plants for each planting area
shall be a minimum of 100% survival within said area at the end of
the Plant Establishment Period and before Final Project Acceptance.
2. The target survival rate for all pole cuttings shall be a minimum of
60% survival at the end of the Plant Establishment Period and before
Final Project Acceptance. There is no target survival rate for brush
layer cuttings.
PLANT ESTABLISHMENT
32 98 00
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Exhibit "B"
Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Project No. 8899
DRAFT-February 9, 2016
3. The target survival rate for seeded areas for each area shall be a
minimum of 25% cover with native vegetation and free of non-native
invasive species within said area.
B. Other Standards
1. At no time shall any plants show symptoms of damaged foliage,
disease, size, color, wilting, defoliation, and vandalism. At no time shall
any plants show symptoms of disease, browsing by wildlife, insect
damage, girdling, structural deformities, dieback, dry rootball, and
sunburn. At no time shall any plants show symptoms of water stress
(caused by overwatering or underwatering), stunted growth, wilting,
premature loss of leaves (for deciduous species), and premature
yellowing of leaves (for deciduous species).
2. No visible signs of on-going, excessive erosion, such as rills.
3. Project site planting areas shall have a typical (i.e., median) soil
penetrability of less than 300 psi as measured at depths of 0-to 12-
inches with a cone penetrometer.
1.06 QUALIFICATIONS
A. The applicator of all non-native invasive species control materials shall be
licensed by the State of California as a Pest Control Operator and a Pest
Control Advisor in addition to any subcontractor licenses that are required.
1.07 SUBMITTALS
A. Submit to the Engineer at least 10 days before the start of the Plant
Establishment Period, 2 bound booklets containing the following information:
1. A schedule of activities planned during the Plant Establishment Period.
This schedule must be accepted by the Engineer before starting work
under this Section. During the Plant Establishment Period, document
scheduled changes and obtain acceptance by the Engineer.
2. A written irrigation schedule, including rate and length of application
for each watering event over the duration of the Plant Establishment
Period for approval.
3. The Pest Control Advisor (PCA) shall submit a list of the non-native
invasive species control materials and quantities per acre intended for
use in controlling the non-native invasive species types prevalent and
expected on the site. Non-native invasive species control information
shall include:
a. Data to demonstrate the compatibility of the non-native
invasive species control materials and methods with the
intended planting and seed varieties.
PLANT ESTABLISHMENT
32 98 00
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
b. A written list of the proposed herbicide application equipment to
be used in performance of the work, including descriptive data
and calibration tests. Include the herbicide trade name,
chemical composition, formulation, concentration, application
rate of active ingredients and methods of application for all
materials furnished, as well as the name and State license
number of the State certified applicator.
c. Records of manufacturer's literature, labels, and laboratory
analytical data for verification of herbicide to be used,
including the chemical makeup and application rate.
d. Certificates of compliance certifying that herbicide materials
meet the requirements specified shall be submitted before the
delivery of materials. Herbicide material shall include EPA
registration number and registered uses.
e. A Herbicide Treatment Plan (HTP) proposing a sequence of
herbicide treatments and a written delivery schedule and
written PCA recommendations. The herbicide trade name,
chemical composition, formulation, concentration, application
rate of active ingredients and methods of application for all
materials furnished, and the name and state license number of
the state certified applicator shall be included. Records of
manufacturer's literature, labels, and laboratory analytical data
for verification of herbicide to be used, including the chemical
makeup and application rate shall be submitted. Once
approved by the Engineer, the Contractor shall receive written
authorization to proceed with the treatment.
4. A list of materials that are to be used during plant establishment in
written form to the Engineerfor review and approval before purchasing
or delivering to the site.
B. Replacement Materials
1. For all replacement container plants, submit a copy of the plant
procurement order, as specified in Section 32 93 00 Plants. If the
nursery is different than that used to supply the materials for the initial
planting, submit the name, address, and phone number of the nursery
to be utilized. Approval from the Engineer must be provided before
ordering replacement plants.
2. For all replacement cuttings, submit a plan for collection following the
collection requirements of Section 32 93 00 Planting. Include the plant
species (by botanical and common name), sizes, and quantities to be
collected. This plan must be accepted by the Engineer before
collection proceeds.
3. For any reseeding materials, submit seed supplier's certification for
required seed mixtures, indicating percentage by weight, and
PLANT ESTABLISHMENT
32 98 00
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
percentages of purity, germination and weed seed for each mix.
Submit all samples and testing results as required in Section 32 92 19
Seeding.
4. Submit a schedule for replacement materials work, including plant
and/or seeding procurement, storage, anticipated delivery dates, and
anticipated installation dates for review and approval.
C. Record Drawings
1. Provide and keep up to date at all times, a complete, full-size printed
set of record drawings documenting the work performed during the
Plant Establishment Period and final as-built conditions.
2. On or before the date of the Final Project Acceptance, submit final
record drawings as detailed herein.
D. Plant Establishment Reports
1. Submit plant establishment reports for review during the progress
observations.
E. Engineer's Review
1. Engineer will provide approvals or direction to the Contractor for any
needed corrections within 1 0-days of receipt of said submittals.
1.08 PROTECTION OF THE SITE
A. Protect previously installed work and materials which may be affected by work
of this Section. Provide safeguards and exercise caution against injury or
defacement of existing site improvements.
B. Repair damage and return the area to the previous condition at no additional
cost.
1.09 COORDINATION
A. Coordinate operations with subcontractors, as well as other contractors on or
adjacent to the project site.
B. Exercise extreme care in excavating and working near existing utilities.
Repair any damages to these utilities at no additional cost. Check existing
utility drawings for existing utility locations.
C. Coordinate implementation of all plant establishment work to avoid
interference with utilities, other construction elements, and any existing
vegetation to remain.
D. The Contractor shall coordinate with the Engineer to schedule the placement
of materials and access of equipment necessary to complete the work.
PLANT ESTABLISHMENT
32 98 00
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
1.10 PLANTING GUARANTEE
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
A. All planting and seeding materials installed under this Contract shall be
guaranteed against poor, inadequate and inferior quality and installation for a
period of 1 year from the date of Final Project Acceptance.
1. Manufacturer's warranties shall not relieve the Contractor of its own
liability under the Planting Guarantee. Such warranties shall only
supplement the Planting Guarantee.
2. Replacement planting and seeding material shall also be guaranteed
for a period of 1 year following installation.
B. Replace at no additional cost and as soon as weather permits, all dead
vegetation and all vegetation not found in a vigorous, thriving condition, as
determined by the Engineer during and at the end of the guarantee period.
1. Replacement materials shall be installed as per the requirements of
the replacement plant and reseeding area subsections detailed herein.
PART 2-PRODUCTS
2.01 MATERIALS AND EQUIPMENT
A. Provide materials and equipment for plant establishment work in accordance
with requirements of Sections 32 84 00 Planting Irrigation, 32 92 19 Seeding,
and 32 93 00 Planting, except as described herein.
1. Supply all replacement irrigation parts and equipment as required
during the Plant Establishment Period. Replacement materials shall
be as prescribed on the Drawings and according to Section 32 84 00
Planting Irrigation, unless otherwise directed by the Engineer.
2. Supply all replacement planting and seeding materials as required
during the Plant Establishment Period. Replacement materials shall
be of same species and size as prescribed on the Drawings and
according to Section 32 92 19 Seeding and Section 32 93 00 Planting,
unless otherwise directed by the Engineer. Sources proposed for
acquisition of replacement plant material must be approved by
Engineer before acquisition. In no event shall plants of larger sizes
than those originally planted be required.
B. Herbicide
1. Herbicide for all non-native invasive species shall be non-selective,
broad-spectrum, post-emergent, trans-locating herbicide with low
toxicity to wildlife approved for use in and around aquatic habitats by
the U.S. Environmental Protection Agency (EPA). Herbicide shall be
of high grade quality and in perfect condition at time of installation.
PLANT ESTABLISHMENT
32 98 00
Page 6 of 16
Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
Select herbicides as appropriate for the desired effect (i.e., broadleaf
herbicide to avoid harm to grasses).
2. All herbicides shall be State and County approved for land or aquatic
applications.
3. Herbicide for all non-native invasive species shall be as approved
according to the Herbicide Treatment Plan (HTP) and written PCA
recommendations submitted in Section 32 91 00 Planting Preparation.
PART 3-EXECUTION
3.01 GENERAL PLANT ESTABLISHMENT
A. Continuously maintain areas included in this Contract during the Plant
Establishment Period until Final Project Acceptance has been granted.
B. Improper maintenance or possible poor condition of planting at termination of
the scheduled final site observation may cause the Plant Establishment Period
to be continued at no cost.
C. Any day that Contractor fails to adequately perform plant establishment work,
as determined necessary by the Engineer, will not be credited as one of the
working days.
D. The Contractor shall be responsible for establishing and maintaining all plants
and seeded vegetation in a healthy condition throughout the Plant
Establishment Period. The Contractor shall check the condition of each plant
and seeded vegetation for symptoms of disease, size, color, wilting,
defoliation, new growth, browsing by wildlife, insect damage, girdling,
structural deformities, dieback, sunbum and vandalism and shall notify the
Engineer of the corrective actions required.
E. General plant establishment operations shall include, but shall not be limited
to:
1. Maintaining planting and seeding areas and irrigation systems as
described specifically herein.
2. Providing debris removal in all planting and seeding areas.
3. Maintain adequate protection of planting and seeding areas. Repairing
damaged areas.
4. Replacing all dead and severely stressed plants and other materials,
as required and in accordance with the performance standards.
5. Maintaining all planting areas weed free and removing all non-native
invasive species from entire project site. Cultivate at intervals of not
more than 10 days.
PLANT ESTABLISHMENT
32 98 00
Page 7 of 16
Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT -February 9, 2016
6. Operating the irrigation system on a regular basis throughout the
Irrigation Season and maintaining the irrigation system in a fully
operational condition for the duration of the Plant Establishment Period
and up to the Final Project Acceptance.
7. Keeping up-to-date record drawings during the Plant Establishment
Period.
F. The Contractor shall be responsible for 100% of the remediation efforts (to
meet the requirements and performance standards prescribed herein), except
when remediation is required because of fire, vandalism, or acts of Nature
beyond the Contractor's control, in which case the Engineer will provide
direction.
3.02 MAINTAINING WATER RETENTION BASINS
A. Unless otherwise directed by the Engineer, maintain water retention basins
around each container plant. As directed by the Engineer, modify the basin
to ensure it is capable of containing the required amount of water at each
watering event at one time. The lip (or earthen berm) of the basin shall be
preserved to a height as shown on the Drawings. Maintenance actions may
include importing soil, reforming, andre-compacting the lip (or earthen berm)
of the basin. Should water be retained within a basin for more than 4-hours,
breach the berm of said basin in order to provide drainage at a given plant,
especially during the rainy season and at other times as necessary. Take
corrective actions to ensure positive drainage at a given plant; the berm shall
then be restored to reform the water retention basin as prescribed herein.
3.03 WATERING
A. The Contractor shall conduct weekly site evaluations of water application
during the Plant Establishment Period. These evaluations shall include
observing all plants for signs of inappropriate watering, including water
stress (caused by overwatering or underwatering), stunted growth, wilting,
premature loss of leaves (for deciduous species), and premature yellowing
of leaves (for deciduous species).
B. Watering shall consist of the application of water in a manner that is
sufficient to wet the soil and saturate the root zone and as frequent as
necessary to maintain healthy growth, without damaging the plants, the
surrounding grade or the existing watering basins. The plants shall receive
water by way of the installed irrigation system as shown on the Drawings
and according to Section 32 84 00 Planting Irrigation.
C. Hand watering shall be provided for all container plantings and cuttings not
receiving water by way of the irrigation or when irrigation systems are not
operational, and at other times as directed by the Engineer. Water shall be
applied in an amount equal to the rates prescribed herein.
PLANT ESTABLISHMENT
32 98 00
Page 8 of 16
Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
D. The schedule for watering shall be determined collaboratively by the
Contractor and the Engineer. At all times, irrigation scheduling will be
approved by the Engineer. The Contractor shall not change the irrigation
schedule independently. The Engineer and Contractor will meet at the
project site as necessary to check and adjust irrigation scheduling. The
frequency and duration of the watering will depend on current weather
patterns and site-specific moisture conditions at each Revegetation
Treatment Area. During transition periods (e.g., spring into summer, summer
into fall) or during extreme heat or dry cold periods, site visits may be called
weekly until a revised irrigation schedule is determined. If modifications are
made to the watering schedule, provide the Engineer with 2 copies of the
adjusted watering schedule within 2 weeks of receiving the Engineer's verbal
acceptance, plus subsequent written approval of the modifications. Following
is a recommended schedule:
1. In spray sprinkler irrigation areas: water plants at a rate of 3-inches per
week.
Where applicable, planting basins shall be completely filled with water at each
application. At all times, after each watering, the root zone around each plant
shall be saturated to 1-foot depth across the entire width of the planting basin,
minimum. At no time shall the watering occur in excess of 1 hour at an
individual planting site.
E. The Contractor shall be responsible for observation and timely reporting of
irrigation deficiency or excess. Throughout warm weather conditions, the
plants may require additional watering events. If most of the plants appear to
be stressed and in danger of perishing, the Contractor shall consult the
Engineer within 24 hours to determine the frequency and duration of
additional or decreased watering. Modify frequency and duration as approved
within 24 hours. Assume full responsibility for corrective actions resulting
from inappropriate water applications and failure to contact the Engineer for
direction.
F. If exceptionally hot, dry weather continues past the scheduled shutdown
date, the Contractor shall consult the Engineer to determine whether to
continue irrigating the plants after the end of the Irrigation Season. If plants
appear to be suffering from excessive irrigation water, the irrigation schedule
is subject to reduction at the direction of the Engineer. Should watering be
required in dry winter periods, said watering will be conducted as directed by
the Engineer; said watering will be administered as a change order.
G. Water pressure shall be regulated to a level that applies sufficient water
without causing damage to vegetation or erosion to the planting basin. At no
time shall any water be applied in a way that will cause erosion, damage to
plants, or excessive runoff. Regulate irrigation watering times to minimize
erosion and gullying. At no time will direct truck watering be allowed. Hose
watering by way of the quick couplers is acceptable as long as container
plants are protected from any damages resulting from hose dragging or
excessive and direct water pressure.
PLANT ESTABLISHMENT
32 98 00
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
H. Unless otherwise directed by the Engineer, the temporary irrigation system
shall be remain in place and fully operational at the end of the Contract period.
3.04 IRRIGATION SYSTEM MAINTENANCE
A. Irrigation maintenance shall include examining the irrigation systems once
every week, including cleaning and adjusting spray sprinkler heads; repairing
damaged equipment; testing each valve location to ensure that the irrigation
systems are operational; and checking pipes for leaks or blocked lines.
B. The Contractor shall operate and make any necessary repairs to the irrigation
systems to meet the requirements specified in Section 32 84 00 Planting
Irrigation.
3.05 NON-NATIVE INVASIVE SPECIES CONTROL
A. Non-native invasive species control shall consist of maintaining the individual
planting sites, areas between individual planting sites, and all areas within
planting boundaries (as shown on the Drawings) free of non-native invasive
species for the duration of the Plant Establishment Period. Non-native
invasive species control shall also consist of maintaining the seeded areas to
meet the performance standards specified herein.
B. The primary goal is to control non-native invasive species before they
produce viable seed.
C. Personnel performing non-native invasive species control shall be trained to
identify species installed as part of the Contract and shall remove, within
planting basins, only those plants that were not planted as part of the
Contract. Installed plants or any native plant volunteers shall not be
damaged by non-native invasive species control operations.
D. Observe the project site weekly during the Plant Establishment Period to
evaluate potential non-native invasive species problems. Non-native invasive
species shall be targeted for removal and long-term control through manual
or chemical methods. Manual removal by hand-pulling shall be the preferred
eradication method.
1. Mechanical methods (such as mowing) or spot herbicide applications
may be considered upon receipt of an HTP and approval from the
Engineer before application. If approved, herbicide applications shall
be conducted according to the approved HTP and under the direction
of the Engineer. At no time shall non-native invasive species control
include burning.
2. Avoid frequent soil cultivation that destroys shallow surface roots.
3. Replenish lost mulch to reduce non-native invasive species growth.
PLANT ESTABLISHMENT
32 98 00
Page 10 of 16
Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "8"
Project No. 8899
DRAFT-February 9, 2016
4. Non-native invasive species that grow within the planting basins and
on the basin berms shall be removed before reaching 4-inches in
height or before covering 30% of the planting basin or equivalent
area. All non-native invasive species control in the planting basins
shall be performed by hand pulling. At no time shall herbicide or
mechanical methods be used to control non-native invasive species
in the basin areas. Non-native invasive species removal shall not
cause disruption to the root systems and above-ground structure of
the installed plants and basins.
E. Non-native invasive species shall be removed within 7 days of when they are
first observed. After the non-native invasive species have been removed, the
dead vegetation shall be cleared and removed offsite according to State and
local regulations. Non-native invasive species observed in or near the project
area include, but are not limited to:
Cai-IPC
Common Name Scientific Name Rating*
Giant Reed Arundo donax High
Pampas Grass Cortaderia sel/oana High
Red brome (and other Bromus madritensis ssp. High bromes) rubens
Sweet Fennel Foenicu/um vulgare High
Tamarisk (Salt Cedar) Tamarix ramosissima High
Mexican Fan Palm Washingtonia robusta Moderate
Short-pod Mustard Hirschfeldia incana Moderate
Eucalyptus Eucalyptus spp. Moderate
Italian Thistle Carduus pycnocephalus Moderate
Tree Tobacco Nicotiana glauca Moderate
Bermuda grass Cynodon dactylon Moderate
Castor Bean Ricinus communis Limited
Smilo Grass Stipa miliacea Limited
Rabbit's-foot grass Polypogon monspeliensis Limited
Wild Radish Raphanus sativus Limited
Bristly ox-tongue Helminthotheca echioides Limited
Curly dock Rumex crispus Limited
*Source: Cai-IPC California Invasive Plant Inventory Database, updated
December 2010. Overall rating listed for southwest region, factoring impact,
invasiveness, distribution and documentation level. Inventory Categories:
High: Species have severe ecological impacts, are conducive to moderate to
high rates of dispersal/establishment and most are widely spread.
Moderate: Species have substantial and apparent, but generally not severe,
ecological impacts, are conducive to moderate to high rates of dispersal, though
establishment is generally dependent on ecological disturbance, and distribution
may range from limited to widespread.
PLANT ESTABLISHMENT
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
Limited: Species are invasive but their ecological impacts are minor on a
statewide level or there was not enough information to justify a higher score,
have low to moderate rates of invasiveness, and are generally limited but
may be locally persistent and problematic.
3.06 REPLACEMENT PLANTING
A. Plant material replacement shall be in strict conformance to the Drawings,
these Specifications, and the Engineer's direction, and shall be completed at
no additional expense. Installation and materials shall be a prescribed in
Section 32 93 00 Plants.
B. Plant material that has no easily observable viable above-ground living
matter or is of consistently poor vigor and form shall be considered dead,
unless otherwise directed by the Engineer. Any herbaceous vegetation that
fails to show new growth from its root system after one dormant period and
within the first 9 months after planting will be considered dead.
C. Replace dead plants according to the Drawings and the Specifications at a
rate of replacement that will meet the performance standards described
herein. Dead plants shall be removed before installation of replacement
plants. All dead plants shall be removed offsite according to State and local
regulations at no additional expense.
D. All materials determined to be salvaged shall be handled and removed with
care. All replacement plant containers and racks shall be salvaged and
recycled offsite or returned to the suppliers at no additional cost.
3.07 RESEEDING AREAS
A. Reseeding shall be in strict conformance to the Drawings, these
Specifications, and the Engineer's direction, and shall be completed at no
additional expense. Installation and materials shall be a prescribed in
Section 32 92 19 Seeding.
B. Herbaceous vegetation that fails to show new growth from its root system
after one dormant period and within the first 9 months after planting will be
considered dead.
C. Reseed areas according to the Drawings and the Specifications to meet the
performance standards described herein. Dead vegetation shall be removed
before reseeding. All dead vegetation shall be removed offsite according to
State and local regulations at no additional expense.
D. At no time shall fertilizer be applied to reseeding areas.
3.08 OTHER MAINTENANCE
A. Coordinate with the Engineer to provide any remedial actions or field-design
adjustments necessary to ensure that the performance standards as
specified herein are being met.
PLANT ESTABLISHMENT
32 98 00
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
B. Work necessary to meet the performance standards as specified herein shall
be completed at no additional cost.
3.09 RECORD DRAWINGS
A. Provide and keep up to date at all times, a complete set of full size, blue line
bond print record drawings, which shall be corrected daily and show every
change during the Plant Establishment Period from the final as-built
drawings completed as specified in Section 32 93 00 Planting. The record
drawings shall also show the exact installed locations, sizes, and kinds of
materials and equipment used during the Plant Establishment Period.
Record drawings shall be retained on the site.
B. Each record drawing shall include the following:
1. A legend listing all materials used;
2. Any features installed as results from change orders or field
instructions;
3. Any known areas not installed as design;
4. Record of any areas that wildlife activity was noticed;
5. Percentage of plant survival and provided information of areas that
required replanting;
6. Percentage of seeding survival and provided information of areas that
required reseeding;
7. For replacement plantings, include the plant species, quantities, and
sizes;
8. For reseeding areas, include the species and types of the reseeding
areas;
9. For irrigation systems, include the locations of the following items:
a. All valves;
b. Routing of all pipes;
c. Spray sprinkler heads; and
d. Other related equipment.
C. Record progress sheets shall be updated daily as the work proceeds,
showing the work as actually installed, and shall be the basis for
measurement and payment for work completed. Record progress sheets
shall be available at all times for observation and shall be kept in a location
easily accessible to the Engineer. In the event that the progress sheets are
not available for review or not current at the time of any site visit by the
Engineer, it will be assumed that no work has been completed and the
PLANT ESTABLISHMENT
32 98 00
Page 13 of 16
Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
Contractor will be assessed the cost of that site visit at the current billing rate
of the Engineer. No other site observations shall take place without prior
payment of this assessment.
D. Make neat and legible notations on the record progress drawings/sheets.
The relocated equipment and dimensions will then be transferred to the final
record drawings at the proper time.
E. Before the date of the Final Project Acceptance, transfer all information from
the progress sheets to final record drawings prepared as "red-lined" mark-
ups on the original contract drawings; said record drawings shall be
submitted to the Engineer for approval. Address any comments and make
any revisions to the record drawings before the Final Project Acceptance.
F. On or before the date of the Final Project Acceptance, deliver the corrected
and completed record drawings to the Engineer. Delivery of the record
drawings will not relieve the Contractor of the responsibility of furnishing
required information that may have been omitted from the record drawings.
G. The final record drawings shall be to scale and reproducible.
3.1 0 PLANT ESTABLISHMENT REPORTS
A. Plant establishment activities, including, but not limited to watering, pruning,
non-native invasive species control, and repairs to biotechnical treatments
shall be logged on a weekly basis in conjunction with the weekly site
observations for irrigation, non-native invasive species control, and other
maintenance submitted for review during the progress observations.
3.11 CLEANUP
A. Site cleanup shall occur on a daily basis and as each phase of the work
concludes.
B. Remove all trash and excess dirt caused from the work according to State
and local regulations. Contractor shall make arrangements for disposing of
these materials outside the project site and shall pay all costs involved.
Arrangements shall include, but not be limited to, entering into agreements
with property owners and obtaining necessary permits, licenses, and
environmental clearances.
C. Repair all scars, ruts or other marks in the ground caused by the work.
D. Upon completion of the work, smooth all ground surfaces, remove excess
dirt, materials, rubbish and debris according to State and local regulations to
an offsite location or as directed by the Engineer. Remove construction
equipment from the premises.
PLANT ESTABLISHMENT
32 98 00
Page 14 of 16
Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
3.12 SITE OBSERVATION BEFORE FINAL PROJECT ACCEPTANCE
A. Corrective actions shall be in strict conformance with the Drawings and these
Specifications and according to the directions from the Engineer, and shall be
completed at the Contractor's expense.
B. The Engineer will perform monthly progress observations of the work and
construction operations on completion of installation stages. The Engineer
and the Contractor shall be agree upon the installation stages for this
Specification before starting work and be present on mutually agreed-on
dates for the observations for each stage.
C. If, after an observation, the Engineer is satisfied with the construction to date
and its conformance to the Drawings and the Specifications, the Engineer
will provide written notice of provisional acceptance for that construction
stage.
D. If, after an observation, the Engineer is dissatisfied with the construction to
date and its conformance to the Drawings and the Specifications, the
Engineer will prepare a written punch list of necessary corrective action on
defective work for that construction stage. All corrections must be completed
and will be re-o bserved by the Engineer within 10 working days from the
date of the initial observation.
E. Project observations shall not occur until all punch list items from previous
observations are corrected. Failure to correct problems in the time specified
by the Engineer may result in a delay of payment for the said tasks until the
items in question are remedied per the Engineer's direction.
F. The Contractor shall be charged for any additional construction observations
and verification of punch list items required from the Engineer for
unscheduled and necessary re-observation of the work due to unsatisfactory
or incomplete work addressing previous punch list items.
3.13 FINAL PROJECT ACCEPTANCE
A. At completion of the Plant Establishment Period, schedule a Final Project
Acceptance observation with the Engineer. Provide 1 0 working days of
advance written notice for the requested date.
B. The Engineer, Contractor, and others deemed necessary by the Engineer
may be present at the Final Project Acceptance observation.
C. Before requesting Final Project Acceptance observation, all plant
establishment work shall be completed.
D. If during the Final Project Acceptance observation the Engineer is of opinion
that plant establishment work has been completed in accordance with the
Drawings and Specifications, the Engineer shall provide written notice of
Contractor release from the project. Substantial completion of the work
includes meeting the performance standards as stated herein.
PLANT ESTABLISHMENT
32 98 00
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Agua Hedionda Creek Streambank Restoration Project
City of Carlsbad
Exhibit "B"
Project No. 8899
DRAFT-February 9, 2016
E. If during the Final Project Acceptance observation the Engineer is of opinion
that plant establishment has not been substantially completed in accordance
in accordance with the Drawings and Specifications, the Engineer will
prepare a written punch list of necessary corrective actions addressing
defective work. Corrective actions to meet performance standards may
include, but are not limited to, additional non-native invasive species control,
additional planting and/or additional seeding, All corrections must be
completed by the Contractor and re-observed by the Engineer within
1 0 working days from the date of the initial Final Project Acceptance
observation. Written notice of Contractor release from the project shall not be
issued until all corrective actions have been addressed by the Contractor.
F. Corrective actions shall be in strict conformance with the Drawings and
Specifications and shall be completed at the Contractor's expense.
END OF SECTION 32 98 00
PLANT ESTABLISHMENT
32 98 00
Page 16 of 16
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS
5900 LA PLACE COURT, SUITE 100
Sherri Howard
City of Carlsbad
1635 Faraday Ave
Carlsbad, California 92008
CARLSBAD, CALIFORNIA 92008
December 7, 2015
Exhibit "C"
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION
Dear Ms. Howard:
I am responding to your request (SPL-2015-00840-WSZ) for a Department of the Army
(DA) permit for your proposed project, Sunny Creek Streambank Restoration Project. The
proposed project is located at 5855 Sunny Creek Road, Carlsbad, San Diego County, California.
Because this project would result in a discharge of dredged and/or fill material into waters of
the United States a Department ofthe Army permit is required pursuant to Section 404 of the
Clean Water Act (33 USC 1344; 33 CFR parts § 323 and 330).
I have determined construction of your proposed project, if constructed as described in your
application, would comply with Nationwide Permit (NWP) 13, Bank Stabilization. Specifically,
and as shown in the enclosed figures, you are authorized to:
1. Permanently discharge approximately 40 cubic yards of 3-foot wide boulders and 81
cubic yards of soil for the construction of bioengineered crib walls as bank stabilization
along the west side of Agua Hedionda Creek.
2. Permanently impact approximately 0. 00 1 acre of alkali marsh, 0. 022 acre (126 linear
feet) of non-vegetated channel (open water), and 0.015 acre (26linear feet) of non-
vegetated channel (riprap lined channel).
3. Temporarily impact 0.001 acre (8linear feet) of non-vegetated channel (open water) to
access the project site.
For this NWP verification letter to be valid, you must comply with all of the terms and
conditions in Enclosure 1. Furthermore, you must comply with the non-discretionary Special
Conditions listed below:
Pre-Construction:
1. Prior to initiating construction in waters of the U.S., the Permittee shall submit to the
Corps Regulatory Division a complete set of final detailed grading/construction plans
showing all work and structures in waters of the U.S. All plans shall be in compliance with
Exhibit "C"
-2-
the Final Map and Drawing Standards for the South Pacific Division Regulatory Program
dated August 6, 2012
(http://www.spd.usace.army.mil/Portals/13/docs/regulatory/standards/map.pdf). All plan
sheets shall be signed, dated, and submitted on paper no larger than llx 17 inches. No work
in waters of the U.S. is authorized until the Permittee receives, in writing (by letter ore-
mail), Corps Regulatory Division approval of the final detailed grading/construction plans.
The Permittee shall ensure that the project is built in accordance with the Corps-approved
plans.
2. Prior to initiating work within waters of the U.S., the Permittee shall clearly mark the
limits of the workspace with flagging or similar means to ensure mechanized equipment
does not enter waters of the U.S. and riparian wetland/habitat areas outside ofthe project
area shown on Enclosure 2. Adverse impacts to waters of the U.S. beyond the Corps-
approved construction footprint are not authorized. Such impacts could result in permit
suspension and revocation, administrative, civil or criminal penalties, and/or substantial,
additional, compensatory mitigation requirements.
3. Prior to initiating construction in waters of the U.S., the Permittee shall provide written
notification to the Corps Regulatory Division. The notification shall include the
following:
a. Corps File Number (SPL-2015-00840-WSZ);
b. Name of company performing the work and on-site point of contact and their
contact infonnation;
c. Size and type of equipment performing the work; and
d. Schedule for beginning and ending the project.
Water Quality:
4. This permit is contingent upon the issuance of a section 401 Water Quality Certification
(WQC). The Permittee shall abide by the terms and conditions of the Clean Water Act
section 401 WQC. The Permittee shall submit the section 401 WQC to the Corps
Regulatory Division (preferably via email) within two weeks of receipt from the issuing
state agency. The Pennittee shall not proceed with construction until receiving an e-mail or
other written notification from Corps Regulatory Division acknowledging the section 401
WQC has been received, reviewed, and determined to be acceptable. If the RWQCB fails to
act on a valid request for certification within two months after receipt of a complete
application, please notify the Corps so we may consider whether a waiver of water quality
certification has been obtained.
Exhibit "C"
-3-
Post-Construction:
5. No later than one month following completion of authorized work in waters of the
U.S., the Permittee shall ensure all sites within waters of the U.S. subject to authorized,
temporary impacts are restored to pre-project alignments, elevation contours, and conditions
to the maximum extent practicable to ensure expeditious resumption of aquatic resource
functions. No later than 45 calendar days following completion of authorized work in
waters of the U.S., the Permittee shall submit a memorandum documenting compliance with
this special condition.
6. Within 45 calendar days of completion of authorized work in waters of the U.S., the
Permittee shall submit to the Corps Regulatory Division a post-project implementation
memorandum including the following information:
A) Date(s) work within waters of the U.S. was initiated and completed;
B) Summary of compliance status with each special condition of this permit (including
any noncompliance that previously occurred or is currently occurring and corrective
actions taken or proposed to achieve compliance);
C) Color photographs (including map of photopoints) taken at the project site before
and after construction for those aspects directly associated with permanent impacts
to waters of the U.S. such that the extent of authorized fills can be verified;
D) One copy of "as built" drawings for the entire project. Electronic submittal (Adobe
PDF format) is preferred. All sheets must be signed, dated, and to-scale. If
submitting paper copies, sheets must be no larger than 11 x 17 inches; and
E) Signed Certification of Compliance (attached as part of this permit package).
This verification is valid through March 18,2017. If on March 18,2017 you have commenced
or are under contract to commence the permitted activity you will have an additional twelve (12)
months to complete the activity under the present NWP terms and conditions. However, if I
discover noncompliance or unauthorized activities associated with the permitted activity I may
request the use of discretionary authority in accordance with procedures in 33 CFR § 330.4(e)
and 33 CFR § 330.5(c) or (d) to modify, suspend, or revoke this specific verification at an earlier
date. Additionally, at the national level the Chief of Engineers, any time prior to March 18,
2017, may choose to modify, suspend, or revoke the nationwide use of a NWP after following
procedures set forth in 33 CFR § 330.5. It is incumbent upon you to comply with all of the terms
and conditions of this NWP verification and to remain informed of any change to the NWPs.
A NWP does not grant any property rights or exclusive privileges. Additionally, it does not
authorize any injury to the property, rights of others, nor does it authorize interference with any
existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
Exhibit "C"
-4-
Thank you for participating in the regulatory program. If you have any questions, please
contact Winston Zack at 760-602-4838 or via e-mail at Winston.S.Zack@usace.army.mil.
Please help me to evaluate and improve the regulatory experience for others by completing the
customer survey form at http:/ /corpsmapu.usace.army.mil/cm _ apex/f?p=regulatory _survey.
Enclosures
Sincerely,
Meris Guerrero
Acting Team Lead
South Coast Branch, Regulatory Division
· Exhibit "C"
ENCLOSURE 1: NATIONWIDE PERMIT NUMBER (NWP) 13, BANK STABILIZATION, TERMS
AND CONDITIONS
1. NWP 13, Bank Stabilization, Terms:
Your activity is authorized under NWP 13, Bank Stabilization, subject to the following terms:
13. Bank Stabilization. Bank stabilization activities necessary for erosion prevention, provided the activity
meets all of the following criteria:
(a) No material is placed in excess of the minimum needed for erosion protection;
(b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this
criterion by making a written determination concluding that the discharge will result in minimal adverse effects;
(c) The activity will not exceed an average of one cubic yard per running foot placed along the bank
below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this
criterion by making a written determination concluding that the discharge will result in minimal adverse effects;
(d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless
the district engineer waives this criterion by making a written determination concluding that the discharge will
result in minimal adverse effects;
(e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water
flow into or out of any waters of the United States;
(f) No material is placed in a manner that will be eroded by normal or expected high flows (properly
anchored trees and treetops may be used in low energy areas); and,
(g) The activity is not a stream channelization activity.
This NWP also authorizes temporary structures, fills, and work necessary to construct the bank
stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize
flooding to the maximum extent practicable, when temporary structures, work, and discharges, including
cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary
fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows.
Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.
The areas affected by temporary fills must be revegetated, as appropriate.
Invasive plant species shall not be used for bioengineering or vegetative bank stabilization.
Notification: The permittee must submit a pre-construction notification to the district engineer prior to
commencing the activity if the bank stabilization activity: (1) involves discharges into special aquatic sites; or
(2) is in excess of 500 feet in length; or (3) will involve the discharge of greater than an average of one cubic
yard per running foot along the bank below the plane of the ordinary high water mark or the high tide line. (See
general condition 31.) (Sections 10 and 404)
2. Nationwide Permit General Conditions: The following general conditions must be followed in order for
any authorization by an NWP to be valid:
1. 1. Navigation.
(a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise,
must be installed and maintained at the permittee's expense on authorized facilities in navigable waters
of the United States.
Exhibit "C"
(c) The permittee understands and agrees that, if future operations by the United States require the
removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of
the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of
those species of aquatic life indigenous to the waterbody, including those species that normally migrate
through the area, unless the activity's primary purpose is to impound water. All permanent and
temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and
constructed to maintain low flows to sustain the movement of those aquatic species.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the
maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation,
fill, or downstream smothering by substantial turbidity) of an important spawning area are not
authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for
migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity
is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish
seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.).
Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see
Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except
where the activity is for the repair or improvement of public water supply intake structures or adjacent
bank stabilization.
8. Adverse Effects From Impoundments. Ifthe activity creates an impoundment of water, adverse effects
to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be
minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction course,
condition, capacity, and location of open waters must be maintained for each activity, including stream
channelization and storm water management activities, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must not restrict or impede the passage of
normal or high flows, unless the primary purpose of the activity is to impound water or manage high
flows. The activity may alter the pre-construction course, condition, capacity, and location of open
waters if it benefits the aquatic envirorunent (e.g., stream restoration or relocation activities).
Exhibit "C"
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA -approved state or
local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and
maintained in effective operating condition during construction, and all exposed soil and other fills, as
well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at
the earliest practicable date. Permittees are encouraged to perform work within waters of the United
States during periods of low-flow or no-flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas
returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including
maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as
any activity-specific conditions added by the district engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot
be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with direct
management responsibility for such river, has determined in writing that the proposed activity will not
adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency responsible for the
designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service,
Bureau of Land Management, U.S. Fish and Wildlife Service).
17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to,
reserved water rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is
authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the requirements of the
ESA. Federal permittees must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will review the documentation
and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether
additional ESA consultation is necessary.
Exhibit "C"
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any
listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the
project is located in designated critical habitat, and shall not begin work on the activity until notified by
the district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally-listed endangered or threatened species or
designated critical habitat, the pre-construction notification must include the name(s) of the endangered
or threatened species that might be affected by the proposed work or that utilize the designated critical
habitat that might be affected by the proposed work. The district engineer will determine whether the
proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat
and will notify the non-Federal applicant ofthe Corps' determination within 45 days of receipt of a
complete pre-construction notification. In cases where the non-Federal applicant has identified listed
species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification the proposed
activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has
been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the
applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add
species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered
species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10
Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS,
The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take
a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means
an act which actually kills or injures wildlife. Such an act may include significant habitat modification
or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(f) Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at
http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.!lov/fisheries.html respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any ''take"
permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the
Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact
the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are
required for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect
properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not
authorized, until the requirements of Section 106 ofthe National Historic Preservation Act (NHPA)
have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of
Section 106 of the National Historic Preservation Act. Federal permittees must provide the district
engineer with the appropriate documentation to demonstrate compliance with those requirements. The
district engineer will review the documentation and determine whether it is sufficient to address section
106 compliance for the NWP activity, or whether additional section 106 consultation is necessary.
Exhibit "C"
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the
authorized activity may have the potential to cause effects to any historic properties listed on,
determined to be eligible for listing on, or potentially eligible for listing on the National Register of
Historic Places, including previously unidentified properties. For such activities, the pre-construction
notification must state which historic properties may be affected by the proposed work or include a
vicinity map indicating the location of the historic properties or the potential for the presence of historic
properties. Assistance regarding information on the location of or potential for the presence of historic
resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation
Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When
reviewing pre-construction notifications, district engineers will comply with the current procedures for
addressing the requirements of Section 1 06 of the National Historic Preservation Act. The district
engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,
which may include background research, consultation, oral history interviews, sample field
investigation, and field survey. Based on the information submitted and these efforts, the district
engineer shall determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties on which the activity may
have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin
the activity until notified by the district engineer either that the activity has no potential to cause effects
or that consultation under Section 106 of the NHP A has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete
pre-construction notification whether NHP A Section 106 consultation is required. Section 106
consultation is not required when the Corps determines that the activity does not have the potential to
cause effects on historic properties (see 36 CFR §800.3(a)). IfNHPA section 106 consultation is
required and will occur, the district engineer will notify the non-Federal applicant that he or she cannot
begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back
from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section llOk ofthe NHPA (16 U.S.C. 470h-2(k))
prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid
the requirements of Section 106 of the NHP A, has intentionally significantly adversely affected a
historic property to which the permit would relate, or having legal power to prevent it, allowed such
significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on
Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the
adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the
Corps is required to notify the ACHP and provide documentation specifying the circumstances, the
degree of damage to the integrity of any historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian
tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of
interest to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown
historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by
this permit, you must immediately notify the district engineer of what you have found, and to the
maximum extent practicable, avoid construction activities that may affect the remains and artifacts until
the required coordination has been completed. The district engineer will initiate the Federal, Tribal and
Exhibit "C"
state coordination required to determine if the items or remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include NOAA-managed marine
sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer
may designate, after notice and opportunity for public comment, additional waters officially designated
by a state as having particular environmental or ecological significance, such as outstanding national
resource waters or state natural heritage sites. The district engineer may also designate additional critical
resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly
affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is
required in accordance with general condition 31, for any activity proposed in the designated critical
resource waters including wetlands adjacent to those waters. The district engineer may authorize
activities under these NWPs only after it is determined that the impacts to the critical resource waters
will be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining appropriate and
practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary
and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e.,
on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource
losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic
environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that
exceed 1110-acre and require pre-construction notification, unless the district engineer determines in
writing that either some other form of mitigation would be more environmentally appropriate or the
adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this
requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district
engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation
projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33
CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation
option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse
effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are
reduced, wetland restoration should be the first compensatory mitigation option considered.
(3) If permittee-responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used
by the district engineer to make the decision on the NWP verification request, but a final mitigation
plan that addresses the applicable requirements of33 CFR 332.4(c)(2)-(14) must be approved by
the district engineer before the permittee begins work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or not
Exhibit "C"
necessary to ensure timely completion ofthe required compensatory mitigation (see 33 CFR
332.3(k)(3)).
( 4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only
needs to address the baseline conditions at the impact site and the number of credits to be provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as
compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan.
(d) For losses of streams or other open waters that require pre-construction notification, the district
engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or
preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage
limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to
authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States, even if
compensatory mitigation is provided that replaces or restores some of the lost waters. However,
compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting
the established acreage limits also satisfies the minimal impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally
include a requirement for the restoration or establishment, maintenance, and legal protection (e.g.,
conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the
only compensatory mitigation required. Riparian areas should consist of native species. The width of the
required riparian area will address documented water quality or aquatic habitat loss concerns. Normally,
the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may
require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is
not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal
waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient.
Where both wetlands and open waters exist on the project site, the district engineer will determine the
appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what
is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to
be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee-
responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-
responsible compensatory mitigation may be environmentally preferable ifthere are no mitigation banks
or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to
the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must
clearly indicate the party or parties responsible for the implementation and performance of the
compensatory mitigation project, and, ifrequired, its long-term management.
(h) Where certain functions and services ofwaters of the United States are permanently adversely
affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a
permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse
effects of the project to the minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the
district engineer may require non-Federal applicants to demonstrate that the structures comply with
established state dam safety criteria or have been designed by qualified persons. The district engineer
Exhibit "C"
may also require documentation that the design has been independently reviewed by similarly qualified
persons, and appropriate modifications made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously
certified compliance of an NWP with CWA Section 401, individual401 Water Quality Certification
must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require
additional water quality management measures to ensure that the authorized activity does not result in
more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal
zone management consistency concurrence, an individual state coastal zone management consistency
concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4( d)). The
district engineer or a State may require additional measures to ensure that the authorized activity is
consistent with state coastal zone management requirements.
27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that
may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific
conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water
Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project
is prohibited, except when the acreage loss of waters ofthe United States authorized by the NWPs does
not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road
crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by
NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed
1/3-acre.
29. Transfer ofNationwide Permit Verifications. Ifthe permittee sells the property associated with a
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new
owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of
the nationwide permit verification must be attached to the letter, and the letter must contain the
following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this nationwide permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of
this nationwide permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date below."
(Transferee)
(Date)
Exhibit "C"
30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must
provide a signed certification documenting completion of the authorized activity and any required
compensatory mitigation. The success of any required permittee-responsible mitigation, including the
achievement of ecological performance standards, will be addressed separately by the district engineer.
The Corps will provide the permittee the certification document with the NWP verification letter. The
certification document will include:
(a) A statement that the authorized work was done in accordance with the NWP authorization, including
any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was completed in
accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used
to satisfy the compensatory mitigation requirements, the certification must include the documentation
required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and
resource type of credits; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective
permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early
as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the
date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within
that 30 day period to request the additional information necessary to make the PCN complete. The
request must specify the information needed to make the PCN complete. As a general rule, district
engineers will request additional information necessary to make the PCN complete only once. However,
if the prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process will
not commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed under the
NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the
prospective permittee has not received written notice from the district or division engineer.
However, if the permittee was required to notify the Corps pursuant to general condition 18 that
listed species or critical habitat might be affected or in the vicinity of the project, or to notify the
Corps pursuant to general condition 20 that the activity may have the potential to cause effects to
historic properties, the permittee cannot begin the activity until receiving written notification from
the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic
properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33
CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has
been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received
written approval from the Corps. If the proposed activity requires a written waiver to exceed
specified limits of an NWP, the permittee may not begin the activity until the district engineer issues
the waiver. If the district or division engineer notifies the permittee in writing that an individual
permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin
the activity until an individual permit has been obtained. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
Exhibit "C"
(b) Contents ofPre-Construction Notification: The PCN must be in writing and include the following
information: ·
(1) Name, address and telephone numbers ofthe prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect adverse
environmental effects the project would cause, including the anticipated amount of loss of water of
the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate
unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or
intended to be used to authorize any part of the proposed project or any related activity. The
description should be sufficiently detailed to allow the district engineer to determine that the adverse
effects of the project will be minimal and to determine the need for compensatory mitigation.
Sketches should be provided when necessary to show that the activity complies with the terms of the
NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches
should contain sufficient detail to provide an illustrative description ofthe proposed activity (e.g., a
conceptual plan), but do not need to be detailed engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters,
such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site.
Wetland delineations must be prepared in accordance with the current method required by the Corps.
The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project
site, but there may be a delay ifthe Corps does the delineation, especially if the project site is large
or contains many waters of the United States. Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by the Corps, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1110-acre of wetlands and a PCN is
required, the prospective permittee must submit a statement describing how the mitigation
requirement will be satisfied, or explaining why the adverse effects are minimal and why
compensatory mitigation should not be required. As an alternative, the prospective permittee may
submit a conceptual or detailed mitigation plan.
( 6) If any listed species or designated critical habitat might be affected or is in the vicinity of the
project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN
must include the name(s) of those endangered or threatened species that might be affected by the
proposed work or utilize the designated critical habitat that may be affected by the proposed work.
Federal applicants must provide documentation demonstrating compliance with the Endangered
Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible for listing
on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal
applicants the PCN must state which historic property may be affected by the proposed work or
include a vicinity map indicating the location of the historic property. Federal applicants must
provide documentation demonstrating compliance with Section 106 of the National Historic
Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG
4345) may be used, but the completed application form must clearly indicate that it is a PCN and must
include all of the information required in paragraphs (b )(1) through (7) of this general condition. A letter
containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state
agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and
the need for mitigation to reduce the project's adverse environmental effects to a minimal level.
Exhibit "C"
(2) For all NWP activities that require pre-construction notification and result in the loss of greater
than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52
activities that require pre-construction notification and will result in the loss of greater than 300
linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-
construction notification, the district engineer will immediately provide (e.g., via e-mail, facsimile
transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the
appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA,
State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if
appropriate, the NMFS). With the exception ofNWP 37, these agencies will have 10 calendar days
from the date the material is transmitted to telephone or fax the district engineer notice that they
intend to provide substantive, site-specific comments. The comments must explain why the agency
believes the adverse effects will be more than minimal. If so contacted by an agency, the district
engineer will wait an additional 15 calendar days before making a decision on the pre-construction
notification. The district engineer will fully consider agency comments received within the specified
time frame concerning the proposed activity's compliance with the terms and conditions of the
NWPs, including the need for mitigation to ensure the net adverse environmental effects to the
aquatic environment of the proposed activity are minimal. The district engineer will provide no
response to the resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre-construction notification that the resource agencies'
concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation
activity may proceed immediately in cases where there is an unacceptable hazard to life or a
significant loss of property or economic hardship will occur. The district engineer will consider any
comments received to decide whether the NWP 37 authorization should be modified, suspended, or
revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district engineer will
provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat
conservation recommendations, as required by Section 3 05 (b)( 4 )(B) of the Magnuson-Stevens
Fishery Conservation and Management Act.
( 4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of
pre-construction notifications to expedite agency coordination.
3. Regional Conditions for the Los Angeles District:
In accordance with General Condition Number 27, "Regional and Case-by-Case Conditions," the
following Regional Conditions, as added by the Division Engineer, must be met in order for an
authorization by any Nationwide to be valid:
1. For all activities in waters of the U.S. that are suitable habitat for federally listed fish species, the
permittee shall design all road crossings to ensure that the passage and/or spawning of fish is not
hindered. In these areas, the permittee shall employ bridge designs that span the stream or river,
including pier-or pile-supported spans, or designs that use a bottomless arch culvert with a natural
stream bed, unless determined to be impracticable by the Corps.
2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19, 21, 23, 25, 29, 35, 36, or 39-46,48-52 cannot be used to
authorize structures, work, and/or the discharge of dredged or fill material that would result in the "loss"
of wetlands, mudflats, vegetated shallows or riffle and pool complexes as defined at 40 CFR Part
Exhibit "C"
230.40-45. The definition of "loss" for this regional condition is the same as the definition of "loss of
waters of the United States" used for the Nationwide Permit Program. Furthermore, this regional
condition applies only within the State of Arizona and within the Mojave and Sonoran (Colorado) desert
regions of California. The desert regions in California are limited to four USGS Hydrologic Unit Code
(HUC) accounting units (Lower Colorado -150301, Northern Mojave-180902, Southern Mojave-
181001, and Salton Sea-181002).
3. When a pre-construction notification (PCN) is required, the appropriate U.S. Army Corps of Engineers
(Corps) District shall be notified in accordance with General Condition 31 using either the South Pacific
Division PCN Checklist or a signed application form (ENG Form 4345) with an attachment providing
information on compliance with all of the General and Regional Conditions. The PCN Checklist and
application form are available at: http://www.spl.usace.army.mil/missions/regulatory. In addition, the
PCN shall include:
a. A written statement describing how the activity has been designed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States;
b. Drawings, including plan and cross-section views, clearly depicting the location, size and
dimensions of the proposed activity as well as the location of delineated waters of the U.S. on the
site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in
acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The
ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be
shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate
referenced elevation. All drawings for projects located within the boundaries of the Los Angeles
District shall comply with the most current version of the Map and Drawing Standards for the Los
Angeles District Regulatory Division (available on the Los Angeles District Regulatory Division
website at: www.spl.usace.army.mil/missions/regulatoryD; and
c. Numbered and dated pre-project color photographs showing a representative sample of waters
proposed to be impacted on the project site, and all waters proposed to be avoided on and
immediately adjacent to the project site. The compass angle and position of each photograph shall be
documented on the plan-view drawing required in subpart b of this regional condition.
4. Submission of a PCN pursuant to General Condition 31 and Regional Condition 3 shall be required for
all regulated activities in the following locations:
a. All perennial waterbodies and special aquatic sites within the State of Arizona and within the
Mojave and Sonoran (Colorado) desert regions of California, excluding the Colorado River in
Arizona from Davis Dam to River Mile 261 (northern boundary of the Fort Mojave Indian Tribe
Reservation). The desert region in California is limited to four USGS HUC accounting units (Lower
Colorado -150301, Northern Mojave-180902, Southern Mojave-181001, and Salton Sea-181002).
b. All areas designated as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council
(i.e., all tidally influenced areas-Federal Register dated March 12, 2007 (72 FR 11092)), in which
case the PCN shall include an EFH assessment and extent of proposed impacts to EFH. Examples of
EFH habitat assessments can be found at: http://www.swr.noaa.gov/efh.htm.
c. All watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by
Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and
Pacific Ocean on the south.
d. The Santa Clara River watershed in Los Angeles and Ventura counties, including but not limited to
Exhibit "C"
Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of
the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the
main-stem of the Santa Clara River.
5. Individual Permits shall be required for all discharges of fill material in jurisdictional vernal pools, with
the exception that discharges for the purpose of restoration, enhancement, management or scientific
study of vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in
accordance with General Condition 31 and Regional Condition 3.
6. Individual Permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside
County for new permanent fills in perennial and intermittent watercourses otherwise authorized under
NWPs 29, 39,42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater
than 0.1 acre of waters of the United States. In addition, when NWP 14 is used in conjunction with
residential, commercial, or industrial developments the 0.1 acre limit would also apply.
7. Individual Permits (Standard Individual Permit or 404 Letter of Permission) shall be required in San
Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and
in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization
projects and grade control structures.
8. In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San
Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County,
California, the Corps' Division Engineer, through his discretionary authority has revoked the use of the
following 26 selected NWPs within these SAMP watersheds: 03, 07, 12, 13, 14, 16, 17, 18, 19, 21, 25,
27, 29, 31, 33, 39, 40, 41, 42, 43, 44, 46, 49, and 50. Consequently, these NWPs are no longer available
in those watersheds to authorize impacts to waters of the United States from discharges of dredged or fill
material under the Corps' Clean Water Act section 404 authority.
9. Any requests to waive the 300 linear foot limitation for intermittent and ephemeral streams for NWPs
29, 39, 40 and 42, 43, 44, 51 and 52 or to waive the 500 linear foot limitation along the bank for NWP
13, must include the following:
a. A narrative description of the stream. This should include known information on: volume and
duration of flow; the approximate length, width, and depth of the water body and characters observed
associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or scour marks); a
description of the adjacent vegetation community and a statement regarding the wetland status of the
associated vegetation community (i.e. wetland, non-wetlapd); surrounding land use; water quality; issues
related to cumulative impacts in the watershed, and; any other relevant information.
b. An analysis of the proposed impacts to the waterbody in accordance with General Condition 31 and
Regional Condition 3;
c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed
project; and
d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be
compensated, in accordance with 33 CFR Part 332.
10. The permittee shall complete the construction of any compensatory mitigation required by special
condition(s) ofthe NWP verification before or concurrent with commencement of construction of the
Exhibit "C"
authorized activity, except when specifically determined to be impracticable by the Corps. When
mitigation involves use of a mitigation bank or in-lieu fee program, the permittee shall submit proof of
payment to the Corps prior to commencement of construction of the authorized activity.
4. Further information:
1. Congressional Authorities: You have been authorized to undertake the activity described above
pursuant to:
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
2. Limits ofthis authorization.
(a) This permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
(b) This permit does not grant any property rights or exclusive privileges.
(c) This permit does not authorize any injury to the property or rights of others.
(d) This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability
for the following:
(a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
(b) Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
(c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused
by the activity authorized by this permit.
(d) Design or construction deficiencies associated with the permitted work.
(e) Damage claims associated with any future modification, suspension, or revocation ofthis permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to,
the following:
(a) You fail to comply with the terms and conditions ofthis permit.
(b) The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
(c) Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures such as
those contained in 33 CFR326.4 and 326.5. The referenced enforcement procedures provide for the
issuance of an administrative order requiring you to comply with the terms and conditions of your
permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measure ordered by this office, and if you fail to comply with such directive, this office may
in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by
contract or otherwise and bill you for the cost.
Exhibit "C"
6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is
modified, reissued, revoked, or expires before that time.
7. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the
permitted activity, although you may make a good faith transfer to a third party in compliance with
General Condition H below. Should you wish to cease to maintain the authorized activity or should you
desire to abandon it without a good faith transfer, you must obtain a modification of this permit from
this office, which may require restoration of the area.
8. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished with the terms and conditions of your
permit.
City of Carlsbad
Sunny Creek Rd Restoration
R9-2015-0184
-2-
Table 2 -Discharge Location
Discharge Waste Discharge Point
Point Description Latitude
Agua Soil, Grouted
Hedionda Rock, 33.14273926
Creek Vegetation
T bl a e 3-F Tt ac1ny an nro ment n ormat1on dE II I f
WOlD 9000002925
Discharge Point
Longitude
-117.27486522
Exhibit "E"
January 27, 2016
Receiving Water
Agua Hedionda
Creek
Project Contact, Title and Phone Sherri Howard, Principal Engineer, 760-602-2756
Authorized Person to Sign and Michelle Fehrensen, AECOM Submit Reports
Mailing Address 1635 Faraday Ave
Billing Address 1635 Faraday Ave
Type of Project Stream Bank Stabilization
Fee Category Restoration Projects
Fee Amount $200.00
Permitted Dredge Volume 109 cubic yards
Watershed Carlsbad Hydrologic Unit
Receiving Water Agua Hedionda Creek
Receiving Water Type Stream
Temporary Impacts 0.001 acres, 8 linear feet
Permanent Impacts 0.038 acres, 152 linear feet
Table 4 -Administrative Information
This NOA was approved by the San Diego Water Board Staff on: January 27, 2016
This NOA is effective as of: January 27, 2016
PROJECT DESCRIPTION
The Applicant's Sunny Creek Road Stream Bank Restoration Project proposes to
restore a seCtion of Agua Hedionda Creek by removing existing grouted rip-rap,
controlling erosion by reducing incoming storm water flow velocities, replacing the
culvert outfall ramp with ungrouted rip-rap, and replanting the stream banks with native
riparian habitat. The Project will build one crib wall on the east and two crib walls on the
west side of the existing culvert with cut tree logs. To add structural integrity to the
stream bank, the crib walls will be built on three foot diameter foundation boulders which
will conform to the finished grade. The crib walls will be backfilled with angular rock and
soil mix to support riparian plantings at each step. Four oak trees along the stream bank
will need to be removed to facilitate the work and the minimum setback from all other trees
will be 1 o feet. The Applicant will plant new oak trees at a 2: 1 for each oak tree removed
for this Project. See Enclosure 1 and 2 for the Project location.
City of Carlsbad
Sunny Creek Rd Restoration
R9-2015-0184
- 3 -
Exhibit "E"
January 27, 2016
Existing grouted rip-rap in the culvert will be removed and replaced with a rock lined
(ungrouted) ramp with a stilling pool to reduce the velocity and turbulence of the flow
before it enters the Agua Hedionda Creek. Existing grouted rip-rap in the Creek will be
removed and replaced with two rock lined step pools. The step pools will be contoured
with boulder risers and pool bottoms will be restored with streambed material appropriate
for Agua Hedionda Creek.
Revegetation of the stream banks will occur concurrently with the construction and will
include both native container plantings and broadcast seed mix of persistent coastal San
Diego native plants that will support bank stabilization and sediment control. See
Enclosure 3 for the conceptual design.
Project activities will result in temporary impacts to 0.001 acre (8 linear feet) and
permanent impacts 0.038 acre (152 linear feet) of streambed waters of the United State
and/or State. The Applicant has also applied for a Clean Water Act section 404 permit
coverage from the United States Army Corps of Engineers for the Project (USAGE File
No. SPL-2015-000840-WJZ) using Nationwide Permit 13, Bank Stabilization.
MITIGATION AND MINIMIZATION MEASURES
It is not anticipated that the Project will create temporary or permanent impacts of a
size, severity, and/or duration that would have a significant adverse impact on beneficial
uses of waters of the State.
STATEMENT OF CEQA FINDINGS
The City of Carlsbad is the Lead Agency for compliance with the California
Environmental Quality Act (CEQA; Pub. Resources Code, § 21 000 et seq.) for the
Project. The Project conforms to the requirements of CEQA through the Categorical
Exemption for Small Habitat Restoration Projects (Section 15333).
The San Diego Water Board finds the Project qualifies as a Small Habitat Restoration
Project, and that, if implemented as proposed, the conditions in the General Certification
and this NOA are adequate to reduce water quality impacts to less than significant
levels.
ADDITIONAL CONDITIONS
1 . The Applicant must notify the San Diego Water Board in writing at least 5 days
prior to the start of Project construction.
2. Restoration Plan Implementation. The Applicant must fully and completely
implement the Revegetation and Plant Establishment Plan and Notes, Sheets 1-
2, prepared by Balance Hydrologies, Inc., October 7, 2015 (and any subsequent
versions of the Revegetation and Plant Establishment Plan and Notes). Any
significant deviations from, or revisions to the plan must be pre-approved by the
San Diego Water Board.
City of Carlsbad
Sunny Creek Rd Restoration
R9-2015-0184
- 4 -
Exhibit "E"
January 27, 2016
3. Performance Standards. Restoration required under this Certification shall be
considered as achieved once it has met the ecological success performance
standards contained in the Revegetation and Plant Establishment Plan to the
satisfaction of the San Diego Water Board.
4. Waste Management. Except for a discharge permitted under this Certification,
the dumping, deposition, or discharge of trash, rubbish, unset cement or asphalt,
concrete, grout, damaged concrete or asphalt, concrete or asphalt spoils, wash
water, organic or earthen material, steel, sawdust or other construction debris
waste from Project activities directly into waters of the United States and or
State, or adjacent to such waters in any manner which may permit its being
transported into the waters, is prohibited.
5. Post-Construction Discharges. The Applicant shall not allow post-construction
discharges from the Project site to cause or contribute to onsite or off-site erosion
or damage to properties or stream habitats.
6. Annual Project Progress Reports. The Applicant must submit annual Project
progress reports, for a minimum of three years, describing status of BMP
implementation and compliance with all requirements of this NOA to the San
Diego Water Board. The Annual Project Progress Reports must contain
monitoring information sufficient to demonstrate how the Project is progressing
towards accomplishing its objectives and meeting its performance standards.
Annual Project Progress Reports must include, at a minimum, the following:
a) The names, qualifications, and affiliations of the persons contributing to the
report;
b) The status, progress, and anticipated schedule for completion of Project
construction activities including the installation and operational status of best
management practices Project features for erosion and storm water quality
treatment;
c) A description of Project construction delays encountered or anticipated that
may affect the schedule for construction completion;
d) A description of each incident of noncompliance during the annual monitoring
period and its cause, the period of the noncompliance including exact dates
and times, and if the noncompliance has not been corrected, the anticipated
time it is expected to continue; and the steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance;
City of Carlsbad
Sunny Creek Rd Restoration
R9-2015-0184
-5-
Exhibit "E"
January 27, 2016
e) Monitoring data interpretations and conclusions as to how the project(s) is
progressing towards meeting performance standards and whether the
performance standards have been met; and
f) Stream photo documentation, including all areas of permanent and temporary
impact, prior to and after mitigation site construction. Photo documentation
must be conducted in accordance with guidelines posted at
http://www. waterboards. ca.gov/sandiego/water issu es/programs/401 certific
ation/docs/StreamPhotoDocSOP.pdf. In addition, photo documentation must
include Geographic Positioning System (GPS) coordinates for each of the
photo points referenced.
7. Electronic Document Submittal. The Applicant must submit all reports and
information required under this Certification in electronic format via e-mail to
SanDiego@waterboards.ca.gov. Documents over 50 megabytes will not be
accepted via e-mail and must be placed on a disc and delivered to:
California Regional Water Quality Control Board
San Diego Region
Attn: 401 Certification No. R9-2015-0184:819481:amonji
2375 Northside Drive, Suite 1 00
San Diego, California 92108
Each electronic document must be submitted as a single file, in
PortableDocumentFormat (PDF) format, and converted to text searchable format
using Optical Character Recognition (OCR). All electronic documents must
include scanned copies of all signature pages; electronic signatures will not be
accepted. Electronic documents submitted to the San Diego Water Board must
include the following identification numbers in the header or subject line:
Certification No. R9-2015-0184:819481 :amonji.
In the subject line of any response, please include the reference number R9-2015-
0184:819481 :amonji. For questions or comments regarding this Notice of Applicability
or the requirements of the General Certification, please contact Alan Monji by email at
Alan.Monii@waterboards.ca.gov or by phone at (619) 521-3968.
Respectfully,
!)t._ Jf.,.--
Aian Monji
Environmental Scientist
Enclosures:
1. Sunny Creek Streambank Restoration Project -Regional Map, Figure 1
City of Carlsbad
Sunny Creek Rd Restoration
R9-2015-0184
- 6 -
Exhibit "E"
January 27, 2016
2. Sunny Creek Stream bank Restoration Project -Project Location Map, Figure 2
3. Balance Hydrologies Inc., Bank and Stabilization, Agua Hedionda Creek, Coman
Property, City of Carlsbad, CA, Sheets 1 and 2, October 7, 2015.
cc via email:
State Water Resources Control Board
Division of Water Quality
401 Water Quality Certification and Wetlands
Stateboard401 @waterboards.ca.gov
U.S. EPA, OWOW, Region 9
75 Hawthorne St.
San Francisco, CA 94105
R9-WTRB-Mailbox@epa.gov
Ms. Michelle Fehrensen
AECOM
Michelle. Fehrensen@aecom.com
Mr. Eric Becker
San Diego Water Board
Eric. Becker@waterboards.ca. gov
Mr. Winston Zack
U.S. Army Corps of Engineers
Winston.S.Zack@usace.army.mil
Tech Staff Info & Use
File No. R9-2015-0184
WDJD 9000002925
Reg. Measure ID 403656
Place ID 819481
Party JD 7836
Person ID 268327
Exhibit "F"
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: April 20, 2016
Application complete date: March 8, 2016
Project Planner: Pam Drew
SUBJECT:
Project Engineer: Sherri Howard/Kyrenne Chua
SUP 15-02 -AGUA HEDIONDA CREEK RESTORATION -Request for approval of a
Floodplain Special Use Permit to restore a section of Agua Hedionda Creek by removing
existing grouted rip-rap, controlling erosion by reducing incoming storm water flow
velocities, replacing the culvert outfall ramp with ungrouted riprap, and replanting the
stream banks with native riparian habitat. This project is generally located at 5855 Sunny
Creek Road and within a portion of the Agua Hedionda Creek in Local Facilities
Management Zone 15. The City Planner has determined that the project belongs to a
class of projects that the State Secretary for Resources has found do not have a significant
impact on the environment, and it is therefore categorically exempt from the
requirement for the preparation of environmental documents pursuant to Section
15333(d}{5) of the state CEQA Guidelines -stream or river bank stabilization with native
vegetation or other bioengineering techniques, the primary purpose of which is to reduce
or eliminate erosion and sedimentation.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7158 APPROVING a Special
Use Permit (SUP 15-02) based upon the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The City of Carlsbad has submitted an application for a Floodplain Special Use Permit (SUP) to repair a
storm water culvert outlet and stabilization of the stream bank on the Agua Hedionda creek near Sunny
Creek Road. The project is located on private property, but the city does have an easement for the outlet
and maintains this facility.
The creek headwaters originate in the San Marcos mountains to the east of the project site, and travel
downstream to the west, with a storm water culvert outfall conveying water from the south into the creek.
Currently, the stream banks on both sides of the culvert outfall have experienced heavy erosion and
washout, and private property is threatened by further erosion.
The existing grouted rip rap in the culvert outfall, and within the stream bed, no longer suffice to prevent
stream erosion, and the project proposes more effective bioengineered solutions. The project is to
replace the failing grouted riprap and stream banks with bioengineered solutions that would prevent
further erosion with an approach that will utilize native riparian plants, naturally occurring materials and
will protect water quality.
The project will stabilize the creek banks and reduce further incising, widening and slumping of the stream
channel that currently threatens private property and deposits sediment in the creek. In general, the
project consists of crib walls along the eroded slopes on the east and west side of the existing drainage
culvert, which would add structural integrity to the stream banks. The project consists of natural materials
SUP 15-02-AGUA HEDIONDA CREEK RESTORATION
April 20, 2016
Page 2
Exhibit "F"
such as logs, soil, boulders and native riparian vegetation. The crib walls are designed to withstand the
flow velocities and shear forces determined in the Hydraulic Analysis Report prepared by Chang
Consultants, dated November 2, 2015.
The work will be performed using excavators to protect existing mature trees. The storing and staging of
materials will be located to the west of the creek repairs and on the north and south sides of the terminus
of College Boulevard, just west of the intersection with Sunny Creek Road.
Storm water construction Best Management Practices (BMPs) will be implemented to protect against fuel
spills or pollution from mobilizing equipment. The project will be constructed with a clear water by-pass
system to maintain flows downstream and implement a Tier 2 Storm Water Pollution Protection Plan
(SWPPP). Additional BMPs include: 1) geotextiles and mats to protect site during construction; 2) fiber
rolls to protect site during construction; 3) stabilized construction ingress and egress (the access route
from Sunny Creek Road to the site has been paved in Class 2 base in preparation of this project).
Furthermore, the contractor will not be allowed to fuel or service equipment outside of the staging area
located on College Avenue. Below is a more detailed explanation of the project.
Stream Bank Stabilization
The project proposes an integrated stream bank restoration project which would build one crib wall on
the east, and two crib walls on the west side of the existing drainage culvert. To add structural integrity
to the stream banks, bioengineered crib walls would be built on three foot diameter foundation boulders
which would conform to finish grade. The crib walls would have backfill with angular rock and soil mix to
support riparian plantings at each step. The lower stretcher logs on top of the foundation boulders would
be placed with the rootwad outwards into the creek. This log crib wall will be constructed utilizing
salvaged eucalyptus trees that have been recovered throughout the year and stored at a city facility. The
ten-foot high log crib wall will be backfilled with a combination of granular soils, mulch and small rock.
The log crib wall will be planted with a combination of native container plants, cuttings and hydroseed.
Fabrics installed to hold the soil and planting in place are completely biodegradable.
Culvert Retrofit
Existing grouted rip-rap in the culvert would be removed, and the culvert would be outfitted with a rock
lined outfall ramp with a stilling pool outside creek to reduce the velocity and turbulence of the flow
before it enters the creek. Existing grouted rip-rap within the creek would also be removed, and two step
pools would be created. Step pools would be contoured with boulder risers, and pool bottoms would be
restored with engineering streambed mixtures that would be geomorphically appropriate for this section
of creek bottom with the intent of reducing seasonal downstream flooding.
Revegetation
The site would be prepared for revegetation using soil rehabilitation and fine grading. Revegetation would
occur concurrently with construction and would include both container planting and broadcast seeding
utilizing a native seed mix of persistent coastal San Diego native riparian plants that would support creek
bank stabilization and sediment control. Wherever possible, salvaged plants from the construction area
and cuttings which will be sourced locally will be utilized.
Irrigation
Irrigation would occur during the plant establishment period, and would utilize water from the existing
creek. The plant establishment period would begin immediately after construction. Landscape plantings
will be irrigated for two years with an irrigation system to establish the native plantings and the site will
be monitored for one additional year after the removal of the irrigation equipment to control weeds, trash
and pests.
SUP 15-02-AGUA HEDIONDA CREEK RESTORATION
April 20, 2016
Page 3
Trees
Exhibit "F"
The existing trees will be protected in place unless the removal is required to implement the project. Two
trees have been washed into the creek due to stream bank erosion. The permit from the Regional Water
Quality Control Board (RWQCB} allows for the removal of up to 4 trees. One additional tree is shown on
the plans to be removed in support of the installation of this project. One additional tree may be
removed. RWQCB permit conditions require that trees be replaced at a 2:1 ratio and have allowed that if
necessary additional trees may be removed and replaced at a 2:1 ratio.
Ill. ANALYSIS
This project is subject to the following plans and regulations:
A. Open Space (OS} General Plan Land Use Designation;
B. Open Space (OS) Zone (Carlsbad Municipal Code [CMC] Chapter 21.33); and
C. Special Use Permit (Floodplain Management) Regulations (CMC Chapter 21.110).
The recommendation for approval of this project was developed by analyzing the project's consistency
with the applicable city regulations and policies. The project's compliance with each of the above
regulations is discussed in detail in the sections below.
A. General Plan Land Use Designation
The proposed project is consistent with the goals and policies of the city's General Plan Open Space,
Conservation, and Recreation Element (OSCR) Public Safety Element (PS}, and the project site's Open
Space (OS) Zoning. A number of goals and policies are identified in the Open Space, Conservation, and
Recreation Element to restore the natural vegetation along the creek bank and improve water quality
related to soil erosion and sedimentation. General Plan and Zoning consistency findings can be made for
the project.
B. Title 21 (Zoning)
The project has a zoning designation of Open Space (OS) which allows planting and maintaining of locally
native trees, shrubs and other native landscaping elements in order to restore or enhance the habitat
area. The project will restore the creek bank that has been eroded using a bioengineered solution, which
will include planting additional oak trees along the top of the stream bank. The bank will also be replanted
with native plants that would support creek bank stabilization and sediment control.
C. Special Use Permit (Floodplain Management) Regulations
Projects located within any area of special flood hazards must obtain approval of a Special Use Permit
(SUP} by the floodplain administrator (the city Planning Commission). The intent of these regulations is
to promote the public health, safety, and welfare and to minimize public and private losses due to flood
conditions. Chapter 21.110 states that "Flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazards which increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas."
The project complies with the requirements of the Floodplain Management Regulations and Special Use
permitting procedures as the installation of the crib walls, boulders and native riparian vegetation will not
reduce the ability oft he site to pass or handle a base flood of 100-year frequency. The project will remove
SUP 15-02-AGUA HEDIONDA CREEK RESTORATION
April 20, 2016
Page4
Exhibit "F"
the existing grouted rip-rap and vegetation that have been deposited in the stream when the bluff eroded
and replace them with bioengineered crib walls and rock lined outfall ramp with stilling pools to reduce
the velocity and turbulence of the flow, which wiU not obstruct water from flowing through this area
should a 100-year flood occur.
Furthermore, the proposed installation oft he crib walls and boulders will not create a hazard or adversely
impact development, or adjacent and upstream or downstream properties and structures in that the step
pools would be contoured with boulder risers, and pool bottoms would be restored with engineering
streambed mixtures that would be geomorphically appropriate for this section of creek bottom with the
intent of reducing seasonal downstream flooding. All structures will be designed to handle the expected
velocities and will be anchored to prevent floatation, collapse or lateral movement of the structures and
therefore will not cause obstructions in the area.
As a result ofthe project, it is determined that no adverse impacts to the 100-yearflood hazard area would
occur from implementation of the project. Therefore, the proposed project would be in compliance with
the Floodplain Management Regulations.
IV. ENVIRONMENTAl REVIEW
The City Planner has determined that the project belongs to a class of projects that the State Secretary
for Resources has found do not have a significant impact on the environment, and it is therefore
categorically exempt from the requirement for the preparation of environmental documents pursuant to
the state CEQA Guidelines Section 15333(d){5), stream or river bank stabilization with native vegetation
or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and
sedimentation. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be
filed by the City Planner upon project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7158
2. location Map
3. Disclosure Statement
4. Reduced Exhibits
5. Exhibits "A"-"I"-dated April 20, 2016
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Exhibit "F"
PLANNING COMMISSION RESOLUTION NO. 7158
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECIAL USE
PERMIT TO REPAIR A CULVERT OUTLET AND CREEK BANK. THE REPAIRS
WILL INCLUDE STREAM BANK STABILIZATION, A CULVERT RETROFIT AND
RE-VEGETATION OF THE SITE AREA ON PROPERTY GENERALLY LOCATED
AT 5855 SUNNY CREEK ROAD AND WITHIN A PORTION OF THE AGUA
HEDIONDA CREEK IN LOCAL FACILITIES MANAGEMENT ZONE 15
CASE NAME: AGUA HEDIONDA CREEK RESTORATION
CASE NO: SUP 15-02
WHEREAS, City of Carlsbad, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Chase Coman, "Owner," described as
A portion of Lot "B" of Rancho Agua Hedionda in the City of Carlsbad,
State of California, according to Map thereof No. 823, filed in the Office
of the County Recorder of San Diego County, November 16, 1896
("the Property"); and
WHEREAS, said verified application constitutes a request for a Floodplain Special Use
Permit as shown on Exhibits "A"-"I" dated April 20, 2016, on file in the Planning Division, SUP 15-02-
AGUA HEDIONDA CREEK RESTORATION, as provided by Chapter 21.110 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did on April 20, 2016, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Floodplain Special Use Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
SUP 15-02-AGUA HEDIONDA CREEK RESTORATION, based on the following findings and
subject to the following conditions:
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Exhibit "F"
Findings:
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7.
8.
The site is reasonably safe from flooding in that the proposed restoration ofthe creek bank and
culvert improvements will not increase the base flood elevation of the creek.
The project as proposed has been designed to minimize the flood hazard to the habitable portions
of the structure in that no improvements are proposed to any existing structures.
The proposed project does not create a hazard for adjacent or upstream properties or structures
in that all culvert and bank stabilization structures will be designed to handle the expected
velocities and will be anchored to prevent floatation, collapse or lateral movement of the
structures and therefore will not cause obstructions in the area.
The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that step pools would be contoured with boulder risers,
and pool bottoms would be restored with engineering streambed mixtures that would be
geomorphically appropriate for this section of creek bottom with the intent of reducing
seasonal downstream flooding. All culvert and bank stabilization structures will be designed to
handle the expected velocities and will be anchored to prevent floatation, collapse or lateral
movement of the structures and therefore will not cause obstructions in the areas of special
flood hazards.
The proposed project does not reduce the ability of the site to pass or handle a base flood of 100-
year frequency in that the project will remove the existing grouted rip-rap and vegetation that
have been deposited in the stream when the bluff eroded and replace them with bioengineered
crib walls and rock lined outfall ramp with stilling pools to reduce the velocity and turbulence
of the flow, which will not obstruct water from flowing through this area should a 100-year
flood occur.
The proposed project taken together with all the other known, proposed, and anticipated projects
will not increase the water surface elevation of the base flood more than one foot at any point in
that the project will not change the channel characteristics which would cause an increase in
the flood elevation.
All other required state and federal permits have been obtained in that the applicant has received
either a permit or notification to proceed from the following state and federal resource
agencies: 1) California Department of Fish & Wildlife (Notification of Streambed Alteration -
1600); 2) San Diego Regional Water Quality Control Board (401 Water Quality Certification); and
3) U.S. Army Corps of Engineers (Nationwide Permit 13).
The proposed project is consistent with the General Plan goals and policies of the city's General
Plan Open Space, Conservation, and Recreation Element, Public Safety Element and the project
site's Open Space Zoning in that a number of goals and policies are identified in the Open Space,
Conservation, and Recreation Element to restore the natural vegetation along the creek bank
and improve water quality related to soil erosion and sedimentation, and Public Safety Element
to reduce flood hazards and to protect building and development sites from the effects of
flooding.
PC RESO NO. 7158 -2-
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Exhibit "F"
The project is consistent with the Open Space, Conservation, and Recreation Element-Biological
Resources and Open Space for Conservation Goal -4-G.3 -"Protect environmentally sensitive
lands, wildlife habitats, and rare, threatened or endangered plant and animal communities," in
that the project is designed to be self-mitigating in the use of bioengineering solutions, and
habitat-appropriate planting palettes. The stream banks would be stabilized with
bioengineered crib walls that use naturally occurring materials such as boulders, eucalyptus logs
and soil. The planting palettes would include San Diego County native plants that are persistent
and would support bank stabilization and water quality. Furthermore, the city would plant new
oak trees at a ratio of 2:1 for any trees damaged or removed to accommodate construction.
The bioengineering structure will enhance the existing wildlife habitat within the project area
without impacting any animal communities in the area.
The project is consistent with the Open Space, Conservation, and Recreation Element -Water
Quality Goal-4-G.14-"Promote the protection of Carlsbad's creeks, lagoons, ocean and other
natural water bodies from pollution/' in that the purpose of the project is to replace the failing
grouted riprap and eroding stream banks with bioengineered solutions that would prevent
further erosion and sedimentation with an approach that will utilize native vegetation and
naturally occurring materials, which will protect water quality.
The project is consistent with the Open Space, Conservation, and Recreation Element -Water
Quality Policy-4-P.60-"Make any necessary structural control changes to the storm water
conveyance system to remove or reduce storm water pollutant levels," in that the proposed crib
walls and boulders would be adequately sized and engineered to handle storm water flows
from the existing 36-inch diameter storm drain and creek, which would reduce pollutants and
sediment from reaching the lagoon.
The project is consistent with the Open Space, Conservation, and Recreation Element -Water
Quality Policy-4-P.64-"Preserve, where possible, natural watercourses or provide naturalized
drainage channels within the city. Where feasible, implement restoration and rehabilitation
opportunities," in that the project will include bioengineered crib walls using eucalyptus,
boulders and native plants for bank stabilization to maintain a natural watercourse and restore
the habitat in the area that was washed away when the bank eroded.
The project is consistent with the Public Safety Element-Flooding and Coastal Hazards Policy-
6-P.2-"Continue to implement and pursue flood control programs that reduce flood hazards,
such as the city's Grading Ordinance and the Floodplain Management Regulations," in that the
project will install bioengineered crib walls and rock lined outfall ramp with stilling pools to
reduce the velocity and turbulence of the flow, which will not obstruct water from flowing
through this area and the project will adhere to the city's Grading Ordinance and Floodplain
Management Regulations.
The project is consistent with the Public Safety Element-Flooding and Coastal Hazards Policy-
6-P.4 -"Require all proposed drainage facilities to comply with the city's Standard Design Criteria
to ensure they are properly sized to handle 100-year flood conditions," in that the project will
remove the existing grouted rip-rap and vegetation that have been deposited in the stream
when the bluff eroded and replace them with bioengineered crib walls and rock lined outfall
ramp with stilling pools to reduce the velocity and turbulence of the flow, which will not
obstruct water from flowing through this area should a 100-year flood occur.
PC RESO NO. 7158 -3-
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4.
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Exhibit "F"
If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
Developer shall submit to the City Planner a reproducible 24" x 36," mylar copy of the site plan
reflecting the conditions approved by the final decision-making body.
Prior to removal or damage of any active nests or any tree pruning or removal operations during
the prime nesting season, that being from March 15 to May 30, a certified biologist shall survey
the trees to determine if there are any active nests within 500 feet of the area of tree removal or
pruning. If any active nests are located within 500 feet, no tree pruning or removal operations
can occur until the nests are vacated or until the end of the prime breeding season, whichever
occurs later.
In addition, prior to any tree removal or pruning operations proposed outside oft he prime nesting
season but within the period of February 15 to August 31, a confirmation is required from a
certified biologist that no disturbance to active nests or nesting activities would occur.
Documentation from the certified biologist consistent with these requirements shall be submitted
to the City Planner for review and approval. A note to this effect shall be placed on the
construction or grading plans.
Engineering:
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Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineerfor the proposed
haul route.
Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the
satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city's latest fee schedule.
Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
Code Reminders:
11. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
PC RESO NO. 7158 -5-
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Exhibit "F"
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date affinal approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on April 20, 2016 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
25 ATIEST:
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City Planner
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PC RESO NO. 7158 -6-
• N
NOT TO SCALE
Agua Hedionda Creek Restoration
SUP 15-02
Exhibit "F"