HomeMy WebLinkAboutBert W Salas Inc; 2010-01-15; PWS10-16ENG Part 3 of 4APPENDIX "A"
CITY OF CARLSBAD
ROAD WORK
ABC CONTRACTORS
OFFICE # (760)XXX-XXXX
FIELD # (760JXXX-XXXX
Dear resident:
As a part of the City of Carlsbad's ongoing program
to maintain its streets, your street will be resurfaced
with asphalt concrete over the existing roadway
surface. This construction will require the closing of
your street to through traffic for one day. Your street,
from XYZ St. to DEFAve. will be closed to through
traffic and resurfaced on:
MON. TUE. WED. THU. FRI.
DATE: XX/XX/XX
from 7:OOA.M. to 5:00 P.M.
If you don't plan to leave your home by 7:00 A.M. on
the above date please park your car on an adjacent
street in your neighborhood that will not be
resurfaced. Streets scheduled for resurfacing can be
determined by calling either the Contractor or the City
of Carlsbad's Project Inspector. When walking to
and from your car, remember not to walk on the
newly overlaid street or you will have black residue
on the bottom of your shoes. Please do not drive,
walk on, walk pets, play, or skate on the newly
overlaid asphalt. Also, please refrain from watering
your lawns, washing cars, etc., approximately 6-8
hours after the asphalt is laid as running water will
cause damage to the new surface.
ABC is the Contractor that will be performing the
resurfacing work for the city and you may call them at
the above phone number if you have any questions
regarding the project. Resurfacing of your street will
not occur on the day your trash is collected.
Mail delivery may be delayed if the postman cannot
reach the mailbox that day. If you have a moving
company scheduled for that day please call and
inform the Contractor of the date. If you have any
concerns which cannot be addressed by the
Contractor, you may call the City's Project Inspector
@ (xxx) xxx-xxxx.
Thank you for your cooperation as we work to make
a better City of Carlsbad.
APPENDIX "B"
TECHNICAL SPECIFICATIONS FOR THE
ENCINAS CREEK BRIDGE
PROJECT NO. 3919
SECTIONS 5-1.01
THROUGH
10-1.26 INCLUSIVE
Prepared by:
TECHNICAL SPECIFICATIONS
For
LAS ENCINAS CREEK
Bridge Replacement Project
on
CARLSBAD BOULEVARD SOUTH
Br. No. 57C-0214L
March 2009
Prepared By:
NOLTE ASSOCIATES, INC.
15070 Avenue of Science, Suite 100
San Diego, CA 92128
Prepared For:
CITY OF CARLSBAD
Department of Public Works
1635 Faraday Avenue
Carlsbad, CA 92008
Date
5-1.01 SOUND CONTROL REQUIREMENTS
Sound control shall conform to the provisions in Section 7-1.011, "Sound Control Requirements," of
the Standard Specifications and these special provisions.
Construction equipment shall not be operated, nor shall the engines of this equipment be allowed to
run, between the hours of 7:00 p.m. and 7:00 a.m., or on Sundays, except that within the limits of the
project and subject to control of the Engineer, equipment may be operated during the restricted
hours to:
A. Service traffic control facilities.
B. Service construction equipment.
C. Perform that work which the contract specifies be done during restricted hours.
Minor deviations from this section concerning hours of work which do not significantly change the
cost of the work may be permitted upon the written request of the Contractor, if in the opinion of the
Engineer, the work will be expedited and sound levels resulting from this work will not cause adverse
public reaction.
The requirements in this section shall not relieve the Contractor from responsibility for complying
with local ordinances regulating noise level outside the limits of the State right of way.
The noise level requirement specified herein shall apply to the equipment on the job or related to the
job, including but not limited to trucks, transit mixers or transient equipment that may or may not be
owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings
except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included
in the prices paid for the various contract items of work involved and no additional compensation will
be allowed therefor.
5-1.02 PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the work.
In areas visible to the public, the following shall apply:
A. When practicable, broken concrete and debris developed during clearing and grubbing shall
be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be
removed or disposed of weekly.
B. Trash bins shall be furnished for debris from structure construction. Debris shall be placed in
trash bins daily.
Full compensation for conforming to the provisions in this section, not otherwise provided for, shall
be considered as included in prices paid for the various contract items of work involved and no
additional compensation will be allowed therefor.
5-1.03 ENVIRONMENTALLY SENSITIVE AREA
An environmentally sensitive area (ESA) exists within or near the limits of the job site where access
is limited or prohibited.
The ESA boundaries shown are approximate; the City marks the exact ESA boundaries on the
ground.
Before starting work, protect the ESA by installing temporary fence (Type ESA) as shown on the
plans.
Do not enter the ESA unless authorized. Vehicle access, storage or transport of materials or
equipment, or other job related activities are prohibited within the boundaries of the ESA.
If you damage the ESA, the City determines the efforts necessary to mitigate the damage. If the
Engineer determines mitigation work will be performed by others or if mitigation fees are assessed
on the City, you are responsible for mitigation costs and fees.
SECTIONS. MATERIALS
SECTIONS-! MISCELLANEOUS
8-1.01 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS
The Department maintains the following list of Prequalified and Tested Signing and Delineation
Materials. The Engineer shall not be precluded from sampling and testing products on the list of
Prequalified and Tested Signing and Delineation Materials.
The manufacturer of products on the list of Prequalified and Tested Signing and Delineation
Materials shall furnish the Engineer a Certificate of Compliance in conformance with the provisions
in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications for each type of traffic
product supplied.
For those categories of materials included on the list of Prequalified and Tested Signing and
Delineation Materials, only those products shown within the listing may be used in the work. Other
categories of products, not included on the list of Prequalified and Tested Signing and Delineation
Materials, may be used in the work provided they conform to the requirements of the Standard
Specifications.
Materials and products may be added to the list of Prequalified and Tested Signing and Delineation
Materials if the manufacturer submits a New Product Information Form to the New Product
Coordinator at the Transportation Laboratory. Upon a Departmental request for samples, sufficient
samples shall be submitted to permit performance of required tests. Approval of materials or
products will depend upon compliance with the specifications and tests the Department may elect to
perform.
PAVEMENT MARKERS, PERMANENT TYPE
Retroreflective With Abrasion Resistant Surface (ARS)
1. Apex, Model 921AR (4" x 4")
2. Ennis Paint, Models C88 (4" x 4"), 911 (4" x 4") and C80FH
3. Ray-O-Lite, Models "AA" ARS (4" x 4") and ARC Round Shoulder (4" x 4")
4. 3M Series 290 (3.5" x 4")
5. 3M Series 290 PSA
6. Glowlite, Inc Model 988AR (4" x 4")
Retroreflective With Abrasion Resistant Surface (ARS)
(for recessed applications only)
1. Ennis Paint, Model 948 (2.3" x 4.7")
2. Ennis Paint, Model 944SB (2" x 4")*
3. Ray-O-Lite, Model 2002 (2" x 4.6")
4. Ray-O-Lite, Model 2004 ARS (2" x 4")*
*For use only in 4.5 inch wide (older) recessed slots
Non-Reflective, 4-inch Round
1. Apex Universal (Ceramic)
2. Apex Universal, Models 929 (ABS) and 929PP (Polypropylene)
3. Glowlite, Inc. (Ceramic) and PP (Polypropylene)
4. Hi-Way Safety, Inc., Models P20-2000W and 2001Y (ABS)
5. Interstate Sales, "Diamond Back" (Polypropylene)
6. Novabrite Models Cdot (White) Cdot-y (Yellow), Ceramic
7. Novabrite Models Pdot-w (White) Pdot-y (Yellow), Polypropylene
8. Three D Traffic Works TD10000 (ABS), TD10500 (Polypropylene)
PAVEMENT MARKERS, TEMPORARY TYPE
Temporary Markers For Long Term Day/Night Use (180 days or less)
1. Vega Molded Products 'Temporary Road Marker" (3" x 4")
STRIPING AND PAVEMENT MARKING MATERIAL
Permanent Traffic Striping and Pavement Marking Tape
1. Advanced Traffic Marking, Series 300 and 400
2. Brite-Line, Series 1000
3. Brite-Line, "DeltaLine XRP"
4. Swarco Industries, "Director 35" (For transverse application only)
5. Swarco Industries, "Director 60"
6. 3M, "Stamark" Series 380 and 5730
7. 3M, "Stamark" Series 420 (For transverse application only)
Temporary (Removable) Striping and Pavement Marking Tape (180 days or less)
1. Advanced Traffic Marking, Series 200
2. Brite-Line, Series 100
3. Garlock Rubber Technologies, Series 2000
4. P.B. Laminations, Aztec, Grade 102
5. Swarco Industries, "Director-2"
6. Trelleborg Industries, R140 Series
7. 3M Series 620 "CR", and Series A750
8. 3M Series A145, Removable Black Line Mask
(Black Tape: for use only on Hot mix asphalt surfaces)
9. Advanced Traffic Marking Black "Hide-A-Line"
(Black Tape: for use only on Hot mix asphalt surfaces)
10. Brite-Line "BTR" Black Removable Tape
(Black Tape: for use only on Hot mix asphalt surfaces)
11. Trelleborg Industries, RB-140
(Black Tape: for use only on Hot mix asphalt surfaces)
Preformed Thermoplastic (Heated in place)
1. Flint Trading Inc., "Hot Tape"
2. Flint Trading Inc., "Premark Plus"
3. Ennis Paint Inc., "Flametape"
Ceramic Surfacing Laminate, 6" x 6"
1. Highway Ceramics, Inc.
Surface Mount Type, 48-inch
1. Bent Manufacturing Company, Masterflex Model MF-180EX-48
2. Carsonite, "Channelizer"
3. FlexStake, Models 704, 754 TM, and EB4
4. Impact Recovery Model D48, with #101 Fixed (Surface-Mount) Base
5. Three D Traffic Works "Channelflex" ID No. 522248W
CHANNELIZERS
Surface Mount Type, 36-inch
1. Bent Manufacturing Company, Masterflex Models MF-360-36 (Round) and MF-180-36 (Flat)
2. Filtrona Extrusion, Flexi-Guide Models FG300PE, FG300UR, and FG300EFX
3. Carsonite, "Super Duck" (Round SDR-336)
4. Carsonite, Model SDCF03601MB "Channelizer"
5. FlexStake, Models 703, 753 TM, and EB3
6. GreenLine, Model SMD-36
7. Hi-way Safety, Inc. "Channel Guide Channelizer" Model CGC36
8. Impact Recovery Model D36, with #101 Fixed (Surface-Mount) Base
9. Safe-Hit, Guide Post, Model SH236SMA and Dura-Post, Model SHL36SMA
10. Three D Traffic Works "Boomerang" 5200 Series
Lane Separation System
1. Filtrona Extrusion, "Flexi-Guide (FG) 300 Curb System"
2. Qwick Kurb, "Klemmfix Guide System"
3. Dura-Curb System
4. Tuff Curb
CONICAL DELINEATORS, 42-inch
(For 28-inch Traffic Cones, see Standard Specifications)
1. Bent Manufacturing Company "T-Top"
2. Plastic Safety Systems "Navigator-42"
3. TrafFix Devices "Grabber"
4. Three D Traffic Works "Ringtop" TD7000, ID No. 742143
5. Three D Traffic Works, TD7500
6. Work Area Protection Corp. C-42
OBJECT MARKERS
Type "K", 18-inch
1. Filtrona Extrusion, Model FG318PE
2. Carsonite, Model SMD 615
3. FlexStake, Model 701 KM
4. Safe-Hit, Model SH718SMA
Type "K-4" / "Q" Object Markers, 24-inch
1. Bent Manufacturing "Masterflex" Model MF-360-24
2. Filtrona Extrusion, Model FG324PE
3. Carsonite, "Channelizer"
4. FlexStake, Model 701 KM
5. Safe-Hit, Models SH824SMA_WA and SH824GP3_WA
6. Three D Traffic Works ID No. 531702W and TD 5200
7. Three D Traffic Works ID No. 520896W
CONCRETE BARRIER MARKERS AND
TEMPORARY RAILING (TYPE K) REFLECTORS
Impactable Type
1. ARTUK, "FB"
2. Filtrona Extrusion, Models PCBM-12 and PCBM-T12
3. Duraflex Corp., "Flexx 2020" and "Electriflexx"
4. Hi-Way Safety, Inc., Model GMKRM100
5. Plastic Safety Systems "BAM" Models OM-BARR and OM-BWAR
6. Three D Traffic Works "Roadguide" Model TD 9304
Non-lmpactable Type
1. ARTUK, JD Series
2. Plastic Safety Systems "BAM" Models OM-BITARW and OM-BITARA
3. Vega Molded Products, Models GBM and JD
4. Plastic Vacuum Forming, "Cap-It C400"
METAL BEAM GUARD RAIL POST MARKERS
(For use to the left of traffic)
1. Filtrona Extrusion, "Mini" (3" x 10")
2. Creative Building Products, "Dura-Bull, Model 11201"
3. Duraflex Corp., "Railrider"
4. Plastic Vacuum Forming, "Cap-It C300"
CONCRETE BARRIER DELINEATORS, 16-inch
(For use to the right of traffic)
1. Filtrona Extrusion, Model PCBM T-16
2. Safe-Hit, Model SH216RBM
CONCRETE BARRIER-MOUNTED MINI-DRUM (10" x 14" x 22")
1. Stinson Equipment Company "SaddleMarker"
GUARD RAILING DELINEATOR
(Place top of reflective element at 48 inches above plane of roadway)
Wood Post Type, 27-inch
1. Filtrona Extrusion, FG 427 and FG 527
2. Carsonite, Model 427
3. FlexStake, ModeM02GR
4. GreenLine GRD 27
5. Safe-Hit, Model SH227GRD
6. Three D Traffic Works "Guardflex" TD9100
7. New Directions Mfg, NDM27
Steel Post Type
1. Carsonite, Model CFGR-327
RETROREFLECTIVE SHEETING
Channelizers, Barrier Markers, and Delineators
1. Avery Dennison T-6500 Series (For rigid substrate devices only)
2. Avery Dennison WR-7100 Series
3. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II
4. Reflexite, PC-1000 Metalized Polycarbonate
5. Reflexite, AC-1000 Acrylic
6. Reflexite, AP-1000 Metalized Polyester
7. Reflexite, Conformalight, AR-1000 Abrasion Resistant Coating
8. 3M, High Intensity
Traffic Cones, 4-inch and 6-inch Sleeves
1. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II
2. Reflexite, Vinyl, "TR" (Semi-transparent) or "Conformalight"
3. 3M Series 3840
4. Avery Dennison S-9000C
Drums
1. Avery Dennison WR-6100
2. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II
3. Reflexite, "Conformalight", "Super High Intensity" or "High Impact Drum Sheeting"
4. 3M Series 3810
Barricades: Type I, Medium-Intensity (Typically Enclosed Lens, Glass-Bead Element)
1. Nippon Carbide Industries, CN8117
2. Avery Dennison, W 1100 series
3. 3M Series CW 44
Barricades: Type II, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element)
1. Avery Dennison, W-2100 Series
Signs: Type II, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element)
1. Avery Dennison, T-2500 Series
2. Nippon Carbide Industries, Nikkalite 18000
Signs: Type III, High-Intensity (Typically Encapsulated Glass-Bead Element)
1. Avery Dennison, T-5500A and T-6500 Series
2. Nippon Carbide Industries, Nikkalite Brand Ultralite Grade II
3. 3M 3870 and 3930 Series
Signs: Type IV, High-Intensity (Typically Unmetallized Microprismatic Element)
1. Avery Dennison, T-6500 Series
2. Nippon Carbide Industries, Crystal Grade, 94000 Series
3. Nippon Carbide Industries, Model No. 94847 Fluorescent Orange
4. 3M Series 3930 and Series 3924S
Signs: Type VI, Elastomeric (Roll-Up) High-Intensity, without Adhesive
1. Avery Dennison, WU-6014
2. Novabrite LLC, "Econobrite"
3. Reflexite "Vinyl"
4. Reflexite "SuperBright"
5. Reflexite "Marathon"
6. 3M Series RS20
Signs: Type VII, Super-High-Intensity (Typically Unmetallized Microprismatic Element)
1. 3M Series 3924S, Fluorescent Orange
2. 3M LDP Series 3970
Signs: Type VIII, Super-High-Intensity (Typically Unmetallized Microprismatic Element)
1. Avery Dennison, T-7500 Series
2. Avery Dennison, T-7511 Fluorescent Yellow
3. Avery Dennison, T-7513 Fluorescent Yellow Green
4. Avery Dennison, W-7514 Fluorescent Orange
5. Nippon Carbide Industries, Nikkalite Crystal Grade Series 92800
6. Nippon Carbide Industries, Nikkalite Crystal Grade Model 92847 Fluorescent Orange
Signs: Type IX, Very-High-Intensity (Typically Unmetallized Microprismatic Element)
1. 3M VIP Series 3981 Diamond Grade Fluorescent Yellow
2. 3M VIP Series 3983 Diamond Grade Fluorescent Yellow/Green
3. 3M VIP Series 3990 Diamond Grade
4. Avery Dennison T-9500 Series
5. Avery Dennison, T9513, Fluorescent Yellow Green
6. Avery Dennison, W9514, Fluorescent Orange
7. Avery Dennison, T-9511 Fluorescent Yellow
SPECIALTY SIGNS
1. Reflexite "Endurance" Work Zone Sign (with Semi-Rigid Plastic Substrate)
ALTERNATIVE SIGN SUBSTRATES
Fiberglass Reinforced Plastic (FRP) and Expanded Foam PVC
1. Fiber-Brite (FRP)
2. Sequentia, "Polyplate" (FRP)
3. Inteplast Group "InteCel" (0.5 inch for Post-Mounted CZ Signs, 48-inch or less)(PVC)
Aluminum Composite, Temporary Construction Signs and Permanent Signs up to 4 foot, 7 Inches
1. Alcan Composites "Dibond Material, 80 mils"
2. Mitsubishi Chemical America, Alpolic 350
8-1.02 SLAG AGGREGATE
Air-cooled iron blast furnace slag shall not be used to produce aggregate for:
1. Structure backfill material.
2. Pervious backfill material.
3. Permeable material.
4. Reinforced or prestressed portland cement concrete component or structure.
5. Nonreinforced portland cement concrete component or structure for which a Class 1 Surface
Finish is required by the provisions in Section 51-1.18B, "Class 1 Surface Finish," of the
Standard Specifications.
Aggregate produced from slag resulting from a steel-making process shall not be used for a highway
construction project except for the following items:
1. Imported Borrow.
2. Aggregate Subbase.
3. Class 2 Aggregate Base.
4. Hot Mix Asphalt.
Steel slag to be used to produce aggregate for aggregate subbase and Class 2 aggregate base
shall be crushed so that 100 percent of the material will pass a 3/4-inch sieve and then shall be
control aged for a period of at least 3 months under conditions that will maintain all portions of the
stockpiled material at a moisture content in excess of 6 percent of the dry weight of the aggregate.
A supplier of steel slag aggregate shall provide separate stockpiles for controlled aging of the slag.
An individual stockpile shall contain not less than 10,000 tons nor more than 50,000 tons of slag.
The material in each individual stockpile shall be assigned a unique lot number and each stockpile
shall be identified with a permanent system of signs. The supplier shall maintain a permanent
record of the dates on which stockpiles are completed and controlled aging begun, of the dates
when controlled aging was completed, and of the dates tests were made and the results of these
tests. Moisture tests shall be made at least once each week. No credit for aging will be given for
the time period covered by tests which show a moisture content of 6 percent or less. The stockpiles
and records shall be available to the Engineer during normal working hours for inspection, check
testing and review.
The supplier shall notify the Transportation Laboratory when each stockpile is completed and
controlled aging begun. No more aggregate shall be added to the stockpile unless a new aging
period is initiated. A further notification shall be sent when controlled aging is completed.
The supplier shall provide a Certificate of Compliance in conformance with the provisions in
Section 6-1.07, "Certificates of Compliance," of the Standard Specifications. Each stockpile or
portion of a stockpile that is used in the work will be considered a lot. The Certificates of
Compliance shall state that the steel slag aggregate has been aged in a stockpile for at least
3 months at a moisture content in excess of 6 percent of the dry weight of the aggregate.
Steel slag used for imported borrow shall be weathered for at least 3 months. Prior to the use of
steel slag as imported borrow, the supplier shall furnish a Certificate of Compliance in conformance
with the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications.
The Certificate of Compliance shall state that the steel slag has been weathered for at least
3 months.
Each delivery of aggregate containing steel slag for use as aggregate subbase or Class 2 aggregate
base shall be accompanied by a delivery tag for each load which will identify the lot of material by
stockpile number, where the slag was aged, and the date that the stockpile was completed and
controlled aging begun.
Air-cooled iron blast furnace slag or natural aggregate may be blended in proper combinations with
steel slag aggregate to produce the specified gradings, for those items for which steel slag
aggregate is permitted, unless otherwise provided.
Aggregate containing slag shall meet the applicable quality requirements for the items in which the
aggregate is used.
The combined slag aggregate shall conform to the specified grading for the item in which it is used.
The grading will be determined by California Test 202, modified by California Test 105 when there is
a difference in specific gravity of 0.2 or more between the coarse and fine portion of the aggregate
or between blends of different aggregates.
No aggregate produced from slag shall be placed within one foot, measured in any direction, of a
non-cathodically protected pipe or structure unless the aggregate is incorporated in portland cement
concrete pavement, in hot mix asphalt, or in treated base.
When slag is used as aggregate in hot mix asphalt, the Kc factor requirements, as determined by
California Test 303, will not apply.
Slag aggregate used for embankment construction shall not be placed within 18 inches of finished
slope lines, measured normal to the plane of the slope.
If steel slag aggregates are used to make hot mix asphalt, there shall be no other aggregates used
in the mixture, except that up to 50 percent of the material passing the No. 4 sieve may consist of
iron blast furnace slag aggregates or natural aggregates, or a combination thereof. If iron blast
furnace aggregates or natural aggregates or a combination thereof are used in the mix, each type of
aggregate shall be fed to the drier at a uniform rate. The rate of feed of each type of aggregate shall
be maintained within 10 percent of the amount set. Adequate means shall be provided for
controlling and checking the accuracy of the feeder.
Steel slag aggregate shall be stored separately from iron blast furnace slag aggregate and each
type of slag aggregate shall also be stored separately from natural aggregate.
Hot mix asphalt produced from more than one of the following shall not be placed in the same layer:
steel slag aggregates, iron blast furnace slag aggregates, natural aggregates or any combination
thereof. Once a type of aggregate or aggregates is selected, it shall not be changed without prior
approval by the Engineer.
If steel slag aggregates are used to produce hot mix asphalt, and if the specific gravity of a
compacted stabilometer test specimen is in excess of 2.40, the quantity of hot mix asphalt to be paid
for will be reduced. The stabilometer test specimen will be fabricated in conformance with the
procedures in California Test 304 and the specific gravity of the specimen will be determined in
conformance with Method C of California Test 308. The pay quantity of hot mix asphalt will be
determined by multiplying the quantity of hot mix asphalt placed in the work by 2.40 and dividing the
result by the specific gravity of the compacted stabilometer test specimen. Such reduction in
quantity will be determined and applied as often as is necessary to ensure accurate results as
determined by the Engineer.
8-1.03 ENGINEERING FABRICS
Engineering fabrics shall conform to the provisions in Section 88, "Engineering Fabrics," of the
Standard Specifications and these special provisions.
Filter fabric for this project shall be ultraviolet (UV) ray protected.
SECTION 8-2. CONCRETE
8-2.01 PORTLAND CEMENT CONCRETE
Portland cement concrete shall conform to the provisions in Section 90, "Portland Cement
Concrete," of the Standard Specifications and these special provisions.
The Department maintains a list of sources of fine and coarse aggregate that have been approved
for use with a reduced amount of supplementary cementitious material in the total amount of
cementitious material to be used. A source of aggregate will be considered for addition to the
approved list if the producer of the aggregate submits to the Transportation Laboratory certified test
results from a qualified testing laboratory that verify the aggregate complies with the requirements.
Before the testing starts, the aggregate test shall be registered with the Department. A registration
number can be obtained by calling (916) 227-7228. The registration number shall be used as the
identification for the aggregate sample in correspondence with the Department. Upon request, a
split of the tested sample shall be provided to the Department. Approval of aggregate will depend
upon compliance with the specifications, based on the certified test results submitted, together with
any replicate testing the Department may elect to perform. Approval will expire 3 years from the
date the most recent registered and evaluated sample was collected from the aggregate source.
Qualified testing laboratories shall conform to the following requirements:
1. Laboratories performing ASTM Designation: C 1293 shall participate in the Cement and
Concrete Reference Laboratory (CCRL) Concrete Proficiency Sample Program and shall
have received a score of 3 or better on each test of the previous 2 sets of concrete samples.
2. Laboratories performing ASTM Designation: C 1260 shall participate in the Cement and
Concrete Reference Laboratory (CCRL) Pozzolan Proficiency Sample Program and shall
have received a score of 3 or better on the shrinkage and soundness tests of the previous
2 sets of pozzolan samples.
Aggregates on the list shall conform to one of the following requirements:
1. When the aggregate is tested in conformance with the requirements in California Test 554
and ASTM Designation: C 1293, the average expansion at one year shall be less than or
equal to 0.040 percent; or
2. When the aggregate is tested in conformance with the requirements in California Test 554
and ASTM Designation: C 1260, the average of the expansion at 16 days shall be less than
or equal to 0.15 percent.
If the aggregates used in the concrete are on the Department's list, the minimum amount of
supplementary cementitious material shall conform to the following:
1. If fly ash or natural pozzolan conforming to the provisions in Section 90-2.01 C, "Required
Use of Supplementary Cementitious Materials," of the Standard Specifications is used, the
minimum amount of supplementary cementitious material shall be 15 percent by weight of
the total cementitious material; or
2. If silica fume conforming to the provisions in Section 90-2.01 C, "Required Use of
Supplementary Cementitious Materials," of the Standard Specifications is used, the minimum
amount of supplementary cementitious material shall be 7 percent by weight of the total
cementitious material.
The limitation on tricalcium silicate (C3S) content in Type II cement specified in Section 90-2.01A,
"Cement," of the Standard Specifications shall not apply.
8-2.02 CORROSION CONTROL FOR PORTLAND CEMENT CONCRETE
Portland cement concrete at all locations on this project is considered to be in a corrosive
environment and shall conform to the provisions in Section 90, "Portland Cement Concrete," of the
Standard Specifications and these special provisions.
Cementitious material to be used in portland cement concrete shall conform to the provisions in
Section 90-2, "Materials," of the Standard Specifications, and shall be a combination of Type II
Portland cement and supplementary cementitious material.
Concrete in a corrosive environment shall contain not less than 675 pounds of cementitious material
per cubic yard. Reduction in the cementitious material content specified or ordered, in conformance
with the provisions in Section 90-4.05, "Optional Use of Chemical Admixtures," of the Standard
Specifications, is not permitted for concrete in a corrosive environment.
Unless otherwise specified, for concrete in a corrosive environment, the amount of portland cement
shall be 75 percent by weight, and the amount of supplementary cementitious material shall be 25
percent by weight, of the total amount of cementitious material to be used in the concrete mix.
The supplementary cementitious material for concrete in a corrosive environment shall be either
flyash or natural pozzolan. At the option of the Contractor, this concrete may conform to A, B, C, or
D below.
A. 20 percent by weight of either flyash or natural pozzolan, 5 percent by weight of silica fume,
and 75 percent by weight of portland cement.
B. 10 percent by weight of silica fume and 90 percent by weight of portland cement.
C. 50 percent by weight of ground granulated blast furnace slag, and 50 percent by weight of
portland cement.
D. 10 percent by weight of metakaolin conforming to AASHTO Designation: M 295 Class N and
90 percent by weight of portland cement. Metakaolin shall also conform to the following
chemical and physical requirements:
Chemical Requirements | Percent
Silicon Dioxide (SiO2) + Aluminum Oxide (AI2O3)
Calcium Oxide (CaO)
Sulfur Trioxide (SO3)
Loss on ignition
Available Alkalies (as Na2O) equivalent
92.0 min.
1.0 max
1.0 max.
1.2 max.
1.0 max.
Physical Requirements
Retained No. 325sieve
Strength Activity Index with portland cement
7 days
28 days
Percent
2.0 max
100 (minimum % of control)
100 (minimum % of control)
The amount of free water used in concrete in a corrosive environment shall not exceed 270 pounds
per cubic yard plus 40 pounds for each 100 pounds of cementitious material in excess of 675
pounds per cubic yard.
Full compensation for conforming to the above requirements shall be considered as included in the
contract prices paid for the various contract items of work, and no additional compensation will be
allowed therefor.
8-2.03 CEMENTITIOUS MATERIAL AND AIR CONTENT
Except for concrete listed below, all concrete that is designated as Class 2 and all concrete for use
in structures shall contain not less than 630 pounds of cementitious material per cubic yard and shall
be air entrained as provided in Section 90-4, "Admixtures," of the Standard Specifications. The air
content at time of mixing and prior to placing shall be 3.0 ± 1.0 percent.
A. Paving concrete.
B. Concrete designated by 28-day compressive strength.
C. Concrete specified to have a cementitious material content that exceeds 630 pounds per
cubic yard.
D. Seal course concrete.
E. Concrete for deck slabs of bridges and structure approach slabs.
F. Concrete for piling.
8-2.04 PRECAST CONCRETE QUALITY CONTROL
GENERAL
Precast concrete quality control shall conform to these special provisions.
Unless otherwise specified, precast concrete quality control shall apply when any precast concrete
members are fabricated in conformance with the provisions in Section 49, "Piling," or Section 51,
"Concrete Structures," of the Standard Specifications.
In addition, precast concrete quality control shall apply when precast members are fabricated for the
following work:
A. CONSPAN Arch Units or approved equal
B. CONSPAN Wingwalls and Headwalls or approved equal
Quality Control (QC) shall be the responsibility of the Contractor. The Contractor's QC inspectors
shall perform inspection and testing prior to precasting, during precasting, and after precasting, and
as specified in this section and additionally as necessary to ensure that materials and workmanship
conform to the details shown on the plans, and to the specifications.
Quality Assurance (QA) is the prerogative of the Engineer. Regardless of the acceptance for a
given precast element by the Contractor, the Engineer will evaluate the precast element. The
Engineer will reject any precast element that does not conform to the approved Precast Concrete
Quality Control Plan (PCQCP), the details shown on the plans, or to these special provisions.
The Contractor shall designate in writing a precast Quality Control Manager (QCM) for each
precasting facility. The QCM shall be responsible directly to the Contractor for the quality of
precasting, including materials and workmanship, performed by the Contractor and all
subcontractors. The QCM shall be the sole individual responsible to the Contractor for submitting,
receiving, and approving all correspondence, required submittals, and reports to and from the
Engineer. The QCM shall not be employed or compensated by any subcontractor, or other persons
or entities hired by subcontractors, or suppliers, who will provide other services or materials for the
project. The QCM may be an employee of the Contractor.
Prior to submitting the PCQCP required herein, a meeting between the Engineer, the Contractor's
QCM, and a representative from each entity performing precast concrete operations for this project,
shall be held to discuss the requirements for precast quality control.
QC Inspectors shall either be 1) licensed as Civil Engineers in the State of California, or 2) have a
current Plant Quality Personnel Certification, Level II, from the Precast/Prestressed Concrete
Institute. A QC Inspector shall witness all precast concrete operations.
PRECAST CONCRETE QUALIFICATION AUDIT
Unless otherwise specified, no Contractors or subcontractors performing precast concrete
operations for the project shall commence work without having successfully completed the
Department's Precast Fabrication Qualification Audit, hereinafter referred to as the audit. The
Engineer will perform the audit, and copies of the audit form, along with procedures for requesting
and completing the audit, are available at the Transportation Laboratory or at:
http://www.dot.ca.gov/hq/esc/Translab/snnbpubs.htm
An audit that was previously approved by the Department no more than 3 years prior to the
beginning of work on this contract will be acceptable for the entire period of this contract, provided
the Engineer determines the audit is for the same type of work that is to be performed on this
contract.
Successful completion of an audit shall not relieve the Contractor of the responsibility for furnishing
materials or producing finished work of the quality specified in these special provisions and as
shown on the plans.
PRECAST CONCRETE QUALITY CONTROL PLAN
Prior to performing any precasting operations, the Contractor shall submit to the Engineer, in
conformance with the provisions in Section 5-1.02, "Plans and Working Drawings," of the Standard
Specifications, 3 copies of a separate PCQCP for each item of work to be precast. A separate
PCQCP shall be submitted for each facility. As a minimum, each PCQCP shall include the following:
A. The name of the precasting firm, the concrete plants to be used, and any concrete testing
firm to be used;
B. A manual prepared by the precasting firm that includes equipment, testing procedures, safety
plan, and the names, qualifications, and documentation of certifications for all personnel to
be used;
C. The name of the QCM and the names, qualifications, and documentation of certifications for
all QC inspection personnel to be used;
D. An organizational chart showing all QC personnel and their assigned QC responsibilities;
E. The methods and frequencies for performing all required quality control procedures, including
all inspections, material testing, and any required survey procedures for all components of
the precast elements including prestressing systems, concrete, grout, reinforcement, steel
components embedded or attached to the precast member, miscellaneous metal, and
formwork;
F. A system for identification and tracking of required precast element repairs, and a procedure
for the re-inspection of any repaired precast element. The system shall have provisions for a
method of reporting nonconforming precast elements to the Engineer; and
G. Forms to be used for Certificates of Compliance, daily production logs, and daily reports.
The Engineer shall have 2 weeks to review the PCQCP submittal after a complete plan has been
received. No precasting shall be performed until the PCQCP is approved in writing by the Engineer.
A PCQCP that was previously approved by the Engineer no more than one year prior to the
beginning of work on this contract will be acceptable for the entire period of this contract, provided
the Engineer determines the PCQCP is for the same type of work that is to be performed on this
contract.
An amended PCQCP or addendum shall be submitted to, and approved in writing by the Engineer,
for any proposed revisions to the approved PCQCP. An amended PCQCP or addendum will be
required for any revisions to the PCQCP, including but not limited to changes in concrete plants or
source materials, changes in material testing procedures and testing labs, changes in procedures
and equipment, changes in QC personnel, or updated systems for tracking and identifying precast
elements. The Engineer shall have 1 week to complete the review of the amended PCQCP or
addendum, once a complete submittal has been received. Work that is affected by any of the
proposed revisions shall not be performed until the amended PCQCP or addendum has been
approved.
After final approval of the PCQCP, amended PCQCP, or addendum, the Contractor shall submit 7
copies to the Engineer of each of these approved documents.
It is expressly understood that the Engineer's approval of the Contractor's PCQCP shall not relieve
the Contractor of any responsibility under the contract for the successful completion of the work in
conformance with the requirements of the plans and specifications. The Engineer's approval shall
neither constitute a waiver of any of the requirements of the plans and specifications nor relieve the
Contractor of any obligation thereunder; and defective work, materials, and equipment may be
rejected notwithstanding approval of the PCQCP.
REPORTING
The QC Inspector shall provide reports to the QCM on a daily basis for each day that precasting
operations are performed.
A daily production log for precasting shall be kept by the QCM for each day that precasting
operations, including setting forms, placing reinforcement, setting prestressing steel, casting, curing,
post tensioning, and form release, are performed. The log shall include the facility location, and
shall include a specific description of casting or related operations, any problems or deficiencies
discovered, any testing or repair work performed, and the names of all QC personnel and the
specific QC inspections they performed that day. The daily report from each QC Inspector shall also
be included in the log. This daily log shall be available for viewing by the Engineer, at the precasting
facility.
All reports regarding material tests and any required survey checks shall be signed by the person
who performed the test or check, and then submitted directly to the QCM for review and signature
prior to submittal to the Engineer. Corresponding names shall be clearly printed or type-written next
to all signatures.
The Engineer shall be notified immediately in writing when any precasting problems or deficiencies
are discovered and of the proposed repair or process changes required to correct them. The
Engineer shall have 4 weeks to review these procedures. No remedial work shall begin until the
Engineer approves these procedures in writing.
The following items shall be included in a precast report that is to be submitted to the Engineer
following the completion of any precast element:
A. Reports of all material tests and any required survey checks;
B. Documentation that the Contractor has evaluated all tests and corrected all rejected
deficiencies, and all repairs have been re-examined with the required tests and found
acceptable; and
C. A daily production log.
At the completion of any precast element, and if the QCM determines that element is in
conformance with these special provisions, the QCM shall sign and furnish to the Engineer, a
Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of
Compliance," of the Standard Specifications. This Certificate of Compliance shall be submitted with
the precast report. The certificate shall state that all of the materials and workmanship incorporated
in the work, and all required tests and inspections of this work, have been performed in conformance
with the details shown on the plans and the provisions of the Standard Specifications and these
special provisions.
PAYMENT
In the event the Engineer fails to complete the review of 1) a PCQCP, 2) an amended PCQCP or
addendum, or 3) a proposed repair or process change, within the time allowed, and if, in the opinion
of the Engineer, completion of the work is delayed or interfered with by reason of the Engineer's
delay in completing the review, the Contractor will be compensated for any resulting loss, and an
extension of time will be granted, in the same manner as provided for in Section 8-1.09, "Right of
Way Delays," of the Standard Specifications.
All required repair work or process changes required to correct precasting operation deficiencies,
whether discovered by the QCM, QC Inspector, or by the Engineer, and any associated delays or
expenses to the Contractor caused by performing these repairs, shall be at the Contractor's
expense.
Full compensation for conforming to the requirements of this section shall be considered as included
in the contract prices paid for the various items of work involved and no additional compensation will
be allowed therefor.
SECTION 9. DESCRIPTION OF BRIDGE WORK
The structure work to be done consists, in general, of replacing the following structure:
Las Encinas Creek Bridge
(Bridge No. 57C-0214D
A conventionally reinforced concrete T-beam girders bridge, simply supported by reinforced
concrete closed end cantilever abutments, with a pre-fabricated 36' x 8' CONSPAN Arch or equal.
SECTION 10. CONSTRUCTION DETAILS
SECTION 10-1. GENERAL
10-1.01 ORDER OF WORK
Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard
Specifications.
Attention is directed to "Environmentally Sensitive Area" and "Temporary Fence (Type ESA)" of
these special provisions. Prior to beginning work, the boundaries of the Environmentally Sensitive
Areas (ESA) shall be clearly delineated in the field. The boundaries shall be delineated by the
installation of temporary fence (Type ESA).
10-1.02 WATER POLLUTION CONTROL
GENERAL
Water pollution control work shall conform to the provisions in Section 7-1.01G, 'Water Pollution," of
the Standard Specifications, section of these special provisions entitled "Relations With California
Regional Water Quality Control Board," and these special provisions.
The Contractor shall perform water pollution control work in conformance with the Plans. All Best
Management Practices (BMPs) shall be installed and maintained in conformance with the California
Stormwater Quality Association Construction Manual. The CASQA Manual and BMPs can be
downloaded from the following website:
http://www.cabmphandbooks.com/Construction.asp
Before the start of job site activities, the Contractor shall provide training for project managers,
supervisory personnel, and employees involved with water pollution control work. The training shall
include:
A. Rules and regulations
B. Implementation and maintenance for:
1. Temporary Soil Stabilization
2. Temporary Sediment Control
3. Tracking Control
4. Wind Erosion Control
The Contractor shall designate in writing a Water Pollution Control Manager (WPCM). The
Contractor shall submit a statement of qualifications describing the training, work history, and
expertise of the proposed WPCM. The qualifications shall include either:
A. A minimum of 24 hours of Department approved storm water management training described
at Department's Construction Storm Water and Water Pollution Control web site.
B. Certification as a Certified Professional in Erosion and Sediment Control (CPESC).
The WPCM shall be:
A. Responsible for water pollution control work.
B. The primary contact for water pollution control work.
C. Have authority to mobilize crews to make immediate repairs to water pollution control
practices.
The Contractor shall not perform work that may cause water pollution until the WPC measures have
been approved by the Engineer. The Engineer's review and approval shall not waive any contract
requirements and shall not relieve the Contractor from complying with Federal, State and local laws,
regulations, and requirements.
If there is a change in construction schedule or activities, the Contractor shall prepare an
amendment to the WPC measures to identify additional or revised water pollution control practices.
The Contractor shall submit the amendment to the Engineer for review within a time agreed to by the
Engineer. The Engineer will review the amendment within 4 days.
If directed by the Engineer or requested in writing by the Contractor and approved by the Engineer,
changes to the water pollution control work specified in these special provisions will be allowed.
Changes may include addition of new water pollution control practices. Additional approved water
pollution control work will be paid for as extra work in accordance with Section 4-1.030, "Extra
Work," of the Standard Specifications.
The Contractor shall keep a copy of the approved WPC Plan at the job site. The WPC Plan shall be
made available when requested by a representative of the Regional Water Quality Control Board,
State Water Resources Control Board, United States Environmental Protection Agency, or the local
storm water management agency. Requests from the public shall be directed to the Engineer.
IMPLEMENTATION REQUIREMENTS
The Contractor's responsibility for implementation of water pollution control measures shall continue
throughout any temporary suspension of work ordered in conformance with the provisions in
Section 8-1.05, "Temporary Suspension of Work," of the Standard Specifications.
If the Contractor or the Engineer identifies a deficiency in the implementation of the approved water
pollution control measures that are shown on the Plans, the deficiency shall be corrected
immediately, unless an agreed date for correction is approved in writing by the Engineer. The
deficiency shall be corrected before the onset of precipitation. If the Contractor fails to correct the
deficiency by the agreed date or before the onset of precipitation, the City may correct the deficiency
and deduct the cost of correcting deficiencies from payments.
Year-Round
The Contractor shall monitor the National Weather Service weather forecast on a daily basis during
the contract. The Contractor may use an alternative weather forecasting service if approved by the
Engineer. Appropriate water pollution control practices shall be in place before precipitation.
The Contractor may discontinue earthwork operations for a disturbed area for up to 21 days and the
disturbed soil area will still be considered active. When earthwork operations in the disturbed area
have been completed, the Contractor shall implement appropriate water pollution control practices
within 15 days or before predicted precipitation, whichever occurs first.
Rainy Season
Soil stabilization and sediment control practices conforming to these special provisions shall be in
place during the rainy season between October 1st and April 30th.
The Contractor shall implement soil stabilization and sediment control practices a minimum of 10
days before the start of the rainy season.
INSPECTION AND MAINTENANCE
The WPCM shall inspect the water pollution control practices identified on the Plans as follows:
A. Before a forecasted storm,
B. After precipitation that causes site runoff,
C. At 24-hour intervals during extended precipitation,
D. On a predetermined schedule, a minimum of once every 2 weeks outside of the defined rainy
season, and
E. On a predetermined schedule, a minimum of once a week during the defined rainy season.
The WPCM shall oversee the maintenance of the water pollution control practices.
REPORTING REQUIREMENTS
If the Contractor identifies discharges into surface waters or drainage systems causing or potentially
causing pollution or if the project receives a written notice or order from a regulatory agency, the
Contractor shall immediately inform the Engineer. The Contractor shall submit a written report to the
Engineer within 7 days of the discharge, notice, or order. The report shall include the following
information:
A. The date, time, location, and nature of the operation, type of discharge and quantity, and the
cause of the notice or order.
B. The water pollution control practices used before the discharge, or before receiving the
notice or order.
C. The date of placement and type of additional or altered water pollution control practices
placed after the discharge or after receiving the notice or order.
D. A maintenance schedule for affected water pollution control practices.
PAYMENT
During each estimate period the Contractor fails to conform to the provisions in this section, "Water
Pollution Control," or fails to implement the water pollution control practices shown on the plans or
specified elsewhere in these special provisions as items of work, the City will withhold 25 percent of
the progress payment.
Withholds for failure to perform water pollution control work will be in addition to all other withholds
provided for in the contract. The City will return performance-failure withholds in the progress
payment following the correction for noncompliance.
Implementation of water pollution control practices in areas outside the highway right of way not
specifically provided for in the Plans or in these special provisions will not be paid for.
10-1.03 CONSTRUCTION SITE MANAGEMENT
Construction site management shall consist of controlling potential sources of water pollution before
they come in contact with storm water systems or watercourses. The Contractor shall control
material pollution and manage waste and non-storm water existing at the construction site by
implementing effective handling, storage, use, and disposal practices.
Attention is directed to 'Water Pollution Control" of these special provisions regarding the
Contractor's appointment of a water pollution control manager (WPCM) for the project.
The Contractor shall train all employees and subcontractors regarding:
A. Material pollution prevention and control;
B. Waste management;
C. Non-storm water management;
D. Identifying and handling hazardous substances; and
E. Potential dangers to humans and the environment from spills and leaks or exposure to toxic
or hazardous substances.
Training shall take place before starting work on this project. New employees shall receive the
complete training before starting work on this project. The Contractor shall have regular meetings to
discuss and reinforce spill prevention and control; material delivery, storage, use, and disposal;
waste management; and non-storm water management procedures.
Instructions for material and waste handling, storage, and spill reporting and cleanup shall be posted
at all times in an open, conspicuous, and accessible location at the construction site.
Nonhazardous construction site waste and excess material shall be recycled when practical or
disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside the
Highway Right of Way," of the Standard Specifications, unless otherwise specified.
Vehicles and equipment at the construction site shall be inspected by the WPCM on a frequent,
predetermined schedule, and by the operator each day of use. Leaks shall be repaired immediately,
or the vehicle or equipment shall be removed from the construction site.
SPILL PREVENTION AND CONTROL
The Contractor shall implement spill and leak prevention procedures when chemicals or hazardous
substances are stored. Spills of petroleum products; substances listed under CFR Title 40, Parts
110, 117, and 302; and sanitary and septic waste shall be contained and cleaned up as soon as is
safe.
Minor spills involve small quantities of oil, gasoline, paint, or other material that can be controlled by
the first responder upon discovery of the spill. Cleanup of minor spills includes:
A. Containing the spread of the spill,
B. Recovering the spilled material using absorption,
C. Cleaning the contaminated area, and
D. Disposing of contaminated material promptly and properly.
Semi-significant spills are those that can be controlled by the first responder with the help of other
personnel. Cleanup of semi-significant spills shall be immediate. Cleanup of semi-significant spills
includes:
A. Containing the spread of the spill;
6. Recovering the spilled material using absorption if the spill occurs on paved or an
impermeable surface;
C. Containing the spill with an earthen dike and digging up contaminated soil for disposal if the
spill occurs on dirt;
D. Covering the spill with plastic or other imaterial to prevent contaminating runoff if the spill
occurs during precipitation; and
E. Disposing of contaminated material promptly and properly.
Significant or hazardous spills are those that cannot be controlled by construction personnel.
Notifications of these spills shall be immediate. The following steps shall be taken:
A. Construction personnel shall not attempt to clean up the spill until qualified staff have arrived;
B. Notify the Engineer and follow up with a written report;
C. Obtain the services of a spills contractor or hazardous material team immediately;
D. Notify the local emergency response team by dialing 911 and county officials at the
emergency phone numbers kept on the construction site;
E. Notify the Governor's Office of Emergency Services Warning Center at (805) 852-7550;
F. Notify the National Response Center at (800) 424-8802 regarding spills of Federal reportable
quantities in conformance with CFR Title 40, Parts 110, 119, and 302;
G. Notify other agencies as appropriate, including:
1. Fire Department,
2. Public Works Department,
3. Coast Guard,
4. Highway Patrol,
5. City Police or County Sheriff Department,
6. Department of Toxic Substances,
7. California Division of Oil and Gas,
8. Cal OSHA, or
9. Regional Water Resources Control Board.
The WPCM shall oversee and enforce proper spill prevention and control measures. Minor, semi-
significant, and significant spills shall be reported to the Contractor's WPCM who shall notify the
Engineer immediately.
The Contractor shall prevent spills from entering storm water runoff before and during cleanup.
Spills shall not be buried or washed with water.
The Contractor shall keep material or waste storage areas clean, well organized, and equipped with
enough cleanup supplies for the material being stored. Plastic shall be placed under paving
equipment when not in use to catch drips.
MATERIAL MANAGEMENT
Material shall be delivered, used, and stored for this contract in a manner that minimizes or
eliminates discharge of material into the air, storm drain systems, or watercourses.
The Contractor shall implement the practices described in this section when taking delivery of, using,
or storing the following materials:
A. Hazardous chemicals including:
1. Acids,
2. Lime,
3. Glues,
4. Adhesives,
5. Paints,
6. Solvents, and
7. Curing compounds;
B. Soil stabilizers and binders;
C. Fertilizers;
D. Detergents;
E. Plaster;
F. Petroleum products including:
1. Fuel,
2. Oil, and
3. Grease;
G. Asphalt components and concrete components; and
H. Pesticides and herbicides.
The Contractor shall supply the Material Safety Data Sheet to the Engineer for material used or
stored. The Contractor shall keep an accurate inventory of material delivered and stored at the
construction site.
Employees trained in emergency spill cleanup procedures shall be present when hazardous
materials or chemicals are unloaded.
The Contractor shall use recycled or less hazardous products when practical.
Material Storage
The Contractor shall store liquids, petroleum products, and substances listed in CFR Title 40, Parts
110, 117, and 302 in containers or drums approved by the United States Environmental Protection
Agency, and place them in secondary containment facilities.
Secondary containment facilities shall be impervious to the materials stored there for a minimum
contact time of 72 hours.
Throughout the rainy season secondary containment facilities shall be covered during non-working
days and when precipitation is predicted. Secondary containment facilities shall be adequately
ventilated.
The Contractor shall keep the secondary containment facility free of accumulated rainwater or spills.
After precipitation, or in the event of spills or leaks, accumulated liquid shall be collected and placed
into drums within 24 hours. These liquids shall be handled as hazardous waste in accordance with
the provisions in "Hazardous Waste" of these special provisions, unless testing determines them to
be nonhazardous.
Incompatible materials, such as chlorine and ammonia, shall not be stored in the same secondary
containment facility.
Materials shall be stored in the original containers with the original product labels maintained in
legible condition. Damaged or illegible labels shall be replaced immediately.
The secondary containment facility shall have the capacity to contain precipitation from a 24-hour-
long, 25-year storm; and 10 percent of the aggregate volume of all containers, or all of the volume of
the largest container within the facility, whichever is greater.
The Contractor shall store bagged or boxed material on pallets. Throughout the rainy season,
bagged or boxed material shall be protected from wind and rain during non-working days and when
precipitation is predicted.
The Contractor shall provide sufficient separation between stored containers to allow for spill
cleanup or emergency response access. Storage areas shall be kept clean, well organized, and
equipped with cleanup supplies appropriate for the materials being stored.
The Contractor shall repair or replace perimeter controls, containment structures, covers, and liners
as needed. Storage areas shall be inspected before and after precipitation, and at least weekly
during other times.
Stockpile Management
The Contractor shall reduce or eliminate potential air and water pollution from stockpiled material
including soil, paving material, or pressure treated wood. Stockpiles shall be located out of
floodplains when possible, and at least 50 feet from concentrated flows of storm water, drainage
courses, or inlets unless written approval is obtained from the Engineer.
The Contractor may discontinue adding or removing material for up to 21 days and a stockpile will
still be considered active.
The Contractor shall protect active stockpiles with plastic or geotextile cover, soil stabilization
measures, or with linear sediment barrier when precipitation is predicted. Active stockpiles of cold
mix asphalt concrete shall be placed on an impervious surface and covered with plastic when
precipitation is predicted.
The Contractor shall protect inactive soil stockpiles with a plastic or geotextile cover, or with soil
stabilization measures at all times during the rainy season. A linear sediment barrier around the
perimeter of the stockpile shall also be used. During the non-rainy season soil stockpiles shall be
covered and protected with a linear sediment barrier when precipitation is predicted. The Contractor
shall control wind erosion during dry weather as provided in Section 10, "Dust Control," of the
Standard Specifications.
Stockpiles of Portland cement concrete rubble, asphalt concrete (AC), hot mix asphalt (HMA), AC
and HMA rubble, aggregate base, or aggregate subbase shall be covered with plastic or geotextile,
or protected with a linear sediment barrier at all times during the rainy season, and when
precipitation is predicted during the non-rainy season.
Stockpiles of cold mix asphalt concrete shall be placed on and covered with impermeable material at
all times during the rainy season, and when precipitation is predicted during the non-rainy season.
Stockpiles of pressure treated wood shall be covered with impermeable material and placed on
pallets at all times during the rainy season, and when precipitation is predicted during the non-rainy
season.
The Contractor shall repair or replace linear sediment barriers and covers as needed or as directed
by the Engineer to keep them functioning properly. Sediment shall be removed when it accumulates
to 1/3 of the linear sediment barrier height.
WASTE MANAGEMENT
Solid Waste
The Contractor shall not allow litter or debris to accumulate anywhere on the construction site,
including storm drain grates, trash racks, and ditch lines. The Contractor shall pick up and remove
trash and debris from the construction site at least once a week. The WPCM shall monitor solid
waste storage and disposal procedures on the construction site. The Contractor shall provide
enough dumpsters of sufficient size to contain the solid waste generated by the project. Dumpsters
shall be emptied when refuse reaches the fill line. Dumpsters shall be watertight. The Contractor
shall not wash out dumpsters on the construction site. The Contractor shall provide additional
containers and more frequent pickup during the demolition phase of construction
Solid waste includes:
A. Brick,
B. Mortar,
C. Timber,
D. Metal scraps,
E. Sawdust,
F. Pipe,
G. Electrical cuttings,
H. Non-hazardous equipment parts,
I. Styrofoam and other packaging materials,
J. Vegetative material and plant containers from highway planting, and
K. Litter and smoking material, including litter generated randomly by the public.
Trash receptacles shall be provided and used in the Contractor's yard, field trailers, and locations
where workers gather for lunch and breaks.
Hazardous Waste
The Contractor shall implement hazardous waste management practices when waste is generated
on the construction site from the following substances:
A. Petroleum products,
B. Asphalt products,
C. Concrete curing compound,
D. Pesticides,
E. Acids,
F. Paints,
G. Stains,
H. Solvents,
I. Wood preservatives,
J. Roofing tar, and
K. Materials classified as hazardous by California Code of Regulations, Title 22, Division 4.5; or
listed in CFR Title 40, Parts 110, 117, 261, or 302.
Nothing in these special provisions shall relieve the Contractor of the responsibility for compliance
with Federal, State, and local laws regarding storage, handling, transportation, and disposal of
hazardous wastes.
The WPCM shall oversee and enforce hazardous waste management practices. Production of
hazardous materials and hazardous waste on the construction site shall be kept to a minimum.
Perimeter controls, containment structures, covers, and liners shall be repaired or replaced when
damaged.
The Contractor shall have a laboratory certified by the Department of Health Services (DHS) sample
and test waste when hazardous material levels are unknown to determine safe methods for storage
and disposal.
The Contractor shall segregate potentially hazardous waste from nonhazardous waste at the
construction site. Hazardous waste shall be handled, stored, and disposed of as required in
California Code of Regulations, Title 22, Division 4.5, Section 66262.34; and in CFR Title 49, Parts
261,262, and 263.
The Contractor shall store hazardous waste in sealed containers constructed and labeled with the
contents and date accumulated as required in California Code of Regulations, Title 22, Division 4.5;
and in CFR Title 49, Parts 172, 173, 178, and 179. Hazardous waste containers shall be kept in
temporary containment facilities conforming to the provisions in "Material Storage" of these special
provisions.
There shall be adequate storage volume and containers shall be conveniently located for hazardous
waste collection. Containers of hazardous waste shall not be overfilled and hazardous wastes shall
not be mixed. Containers of dry waste that are not watertight shall be stored on pallets. The
Contractor shall not allow potentially hazardous waste to accumulate on the ground. Hazardous
waste shall be stored away from storm drains, watercourses, moving vehicles, and equipment.
The Contractor shall clean water based or oil based paint from brushes or equipment within a
contained area and shall not contaminate soil, watercourses, or storm drain systems. Paints,
thinners, solvents, residues, and sludges that cannot be recycled or reused shall be disposed of as
hazardous waste. When thoroughly dry, latex paint and paint cans, used brushes, rags, absorbent
materials, and drop cloths shall be disposed of as solid waste.
The Contractor shall dispose of hazardous waste within 90 days of being generated. Hazardous
waste shall be disposed of by a licensed hazardous waste transporter using uniform hazardous
waste manifest forms and taken to a Class I Disposal Site. A copy of the manifest shall be provided
to the Engineer.
Contaminated Soil
The Contractor shall identify contaminated soil from spills or leaks by noticing discoloration, odors,
or differences in soil properties. Soil with evidence of contamination shall be sampled and tested by
a laboratory certified by DHS. If levels of contamination are found to be hazardous, the soil shall be
handled and disposed of as hazardous waste.
The Contractor shall prevent the flow of water, including ground water, from mixing with
contaminated soil by using one or a combination of the following measures:
A. Berms,
B. Cofferdams,
C. Grout curtains,
D. Freeze walls, or
E. Concrete seal course.
If water mixes with contaminated soil and becomes contaminated, the water shall be sampled and
tested by a laboratory certified by the DHS. If levels of contamination are found to be hazardous,
the water shall be handled and disposed of as hazardous waste.
Concrete Waste
The Contractor shall implement practices to prevent the discharge of portland cement concrete, AC,
or HMA waste into storm drain systems or watercourses.
Portland cement concrete, AC, or HMA waste shall be collected at the following locations and
disposed of:
A. Where concrete material, including grout, is used;
B. Where concrete dust and debris result from demolition;
C. Where sawcutting, coring, grinding, grooving, or hydro-concrete demolition of portland
cement concrete, AC, or HMA creates a residue or slurry; or
D. Where concrete trucks or other concrete-coated equipment is cleaned at the construction
site.
Sanitary and Septic Waste
Wastewater from sanitary or septic systems shall not be discharged or buried within the Department
right of way. The WPCM shall inspect sanitary or septic waste storage and monitor disposal
procedures at least weekly. Sanitary facilities that discharge to the sanitary sewer system shall be
properly connected and free from leaks.
The Contractor shall obtain written approval from the local health agency, city, county, and sewer
district before discharging from a sanitary or septic system directly into a sanitary sewer system, and
provide a copy to the Engineer. The Contractor shall comply with local health agency requirements
when using an on-site disposal system.
Liquid Waste
The Contractor shall not allow construction site liquid waste, including the following, to enter storm
drain systems or watercourses:
A. Drilling slurries or fluids,
B. Grease-free or oil-free wastewater or rinse water,
C. Dredgings,
D. Liquid waste running off a surface including wash or rinse water, or
E. Other non-storm water liquids not covered by separate permits.
The Contractor shall hold liquid waste in structurally sound, leak proof containers such as:
A. Sediment traps,
B. Roll-off bins, or
C. Portable tanks.
Liquid waste containers shall be of sufficient quantity and volume to prevent spills and leaks. The
containers shall be stored at least 50 feet from storm drains, watercourses, moving vehicles, and
equipment.
The Contractor shall remove and dispose of deposited solids from sediment traps as provided in
"Solid Waste" of these special provisions, unless determined infeasible by the Engineer.
Liquid waste may require testing to determine hazardous material content before disposal.
Drilling fluids and residue shall be disposed of outside the highway right of way. If the Engineer
determines that an appropriate location is available, fluids and residue exempt under California
Code of Regulations, Title 23, Section 2511(g) may be dried by infiltration and evaporation in a leak
proof container. The remaining solid waste may be disposed of as provided in "Solid Waste" of
these special provisions.
NON-STORM WATER MANAGEMENT
Water Control and Conservation
The Contractor shall prevent erosion or the discharge of pollutants into storm drain systems or
watercourses by managing the water used for construction operations. The Contractor shall obtain
the Engineer's approval before washing anything on the construction site with water that could
discharge into a storm drain system or watercourse. Discharges shall be reported to the Engineer
immediately.
The Contractor shall implement water conservation practices when water is used on the construction
site. Irrigation areas shall be inspected and watering schedules shall be adjusted to prevent erosion,
excess watering, or runoff. The Contractor shall shut off the water source to broken lines, sprinklers,
or valves, and they shall be repaired as soon as possible. When possible, water from waterline
flushing shall be reused for landscape irrigation. Paved areas shall be swept and vacuumed, not
washed with water.
Construction water runoff, including water from water line repair, shall be directed to areas to
infiltrate into the ground and shall not be allowed to enter storm drain systems or watercourses.
Spilled water shall not be allowed to escape water truck filling areas. When possible, the Contractor
shall direct water from off-site sources around the construction site, or shall minimize contact with
the construction site.
Illegal Connection and Discharge Detection and Reporting
The Contractor shall inspect the construction site and the site perimeter before beginning work for
evidence of illegal connections, discharges, or dumping. Subsequently, the construction site and
perimeter shall be inspected on a frequent, predetermined schedule.
The Contractor shall immediately notify the Engineer when illegal connections, discharges, or
dumping are discovered. The Contractor shall take no further action unless directed by the
Engineer. Unlabeled or unidentifiable material shall be assumed to be hazardous.
The Contractor shall look for the following evidence of illegal connections, discharges, or dumping:
A. Debris or trash piles,
B. Staining or discoloration on pavement or soils,
C. Pungent odors coming from drainage systems,
D. Discoloration or oily sheen on water,
E. Stains or residue in ditches, channels or drain boxes,
F. Abnormal water flow during dry weather,
G. Excessive sediment deposits,
H. Nonstandard drainage junction structures, or
I. Broken concrete or other disturbances near junction structures.
Vehicle and Equipment Cleaning
The Contractor shall limit vehicle and equipment cleaning or washing on the construction site to that
necessary to control vehicle tracking or hazardous waste. Vehicles and equipment shall not be
cleaned on the construction site with soap, solvents, or steam until the Engineer has been notified.
The resulting waste shall be contained and recycled, or disposed of as provided in "Liquid Waste" or
"Hazardous Waste" of these special provisions, whichever is applicable. The Contractor shall not
use diesel to clean vehicles or equipment, and shall minimize the use of solvents.
The Contractor shall clean or wash vehicles and equipment in a structure equipped with disposal
facilities. If using a structure is not possible, vehicles and equipment shall be cleaned or washed in
an outside area with the following characteristics:
A. Located at least 50 feet from storm drainage systems or watercourses,
B. Paved with AC, HMA, or portland cement concrete,
C. Surrounded by a containment berm, and
D. Equipped with a sump to collect and dispose of wash water.
When washing vehicles or equipment with water, the Contractor shall use as little water as possible.
Hoses shall be equipped with a positive shutoff valve.
Wash racks shall discharge to a recycle system or to another system approved by the Engineer.
Sumps shall be inspected regularly, and liquids and sediments shall be removed as needed.
Vehicle and Equipment Fueling and Maintenance
The Contractor shall fuel or perform maintenance on vehicles and equipment off the construction
site whenever practical. When fueling or maintenance must be done at the construction site, the
Contractor shall designate a site, or sites, and obtain approval from the Engineer before using. The
fueling or maintenance site shall be protected from storm water, shall be on level ground, and shall
be located at least 50 feet from drainage inlets or watercourses. The WPCM shall inspect the
fueling or maintenance site regularly. Mobile fueling or maintenance shall be kept to a minimum.
The Contractor shall use containment berms or dikes around the fueling and maintenance area.
Adequate amounts of absorbent spill cleanup material and spill kits shall be kept in the fueling and
maintenance area and on fueling trucks. Spill cleanup material and kits shall be disposed of
immediately after use. Drip pans or absorbent pads shall be used during fueling or maintenance
unless performed over an impermeable surface.
Fueling or maintenance operations shall not be left unattended. Fueling nozzles shall be equipped
with an automatic shutoff control. Vapor recovery fueling nozzles shall be used where required by
the Air Quality Management District. Nozzles shall be secured upright when not in use. Fuel tanks
shall not be topped-off.
The Contractor shall recycle or properly dispose of used batteries and tires.
Material and Equipment Used Over Water
Drip pans and absorbent pads shall be placed under vehicles or equipment used over water, and an
adequate supply of spill cleanup material shall be kept with the vehicle or equipment. Drip pans or
plastic sheeting shall be placed under vehicles or equipment on docks, barges, or other surfaces
over water when the vehicle or equipment will be idle for more than one hour.
The Contractor shall provide watertight curbs or toe boards on barges, platforms, docks, or other
surfaces over water to contain material, debris, and tools. Material shall be secured to prevent spills
or discharge into water due to wind.
Structure Removal Over or Adjacent to Water
The Contractor shall not allow demolished material to enter storm water systems or watercourses.
The Contractor shall use covers and platforms approved by the Engineer to collect debris.
Attachments shall be used on equipment to catch debris on small demolition operations. Debris
catching devices shall be emptied regularly and debris shall be handled as provided in "Waste
Management" of these special provisions.
The WPCM shall inspect demolition sites within 50 feet of storm water systems or watercourses
every day.
Paving, Sealing, Saw/cutting, and Grinding Operations
The Contractor shall prevent the following material from entering storm drain systems or water
courses:
A. Cementitious material,
B. Asphaltic material,
C. Aggregate or screenings,
D. Grinding or sawcutting residue,
E. Pavement chunks, or
F. Shoulder backing.
The Contractor shall cover drainage inlets and use linear sediment barriers to protect downhill
watercourses until paving, sealing, sawcutting, or grinding operations are completed and excess
material has been removed. Drainage inlets and manholes shall be covered during the application
of seal coat, tack coat, slurry seal, or fog seal.
During the rainy season or when precipitation is predicted, paving, sawcutting, and grinding
operations shall be limited to places where runoff can be captured. Seal coat, tack coat, slurry seal,
or fog seal operations shall not begin if precipitation is predicted for the application or the curing
period. The Contractor shall not excavate material from existing roadways during precipitation.
The Contractor shall vacuum up slurry from sawcutting operations immediately after the slurry is
produced. Slurry shall not be allowed to run onto lanes open to public traffic or off the pavement.
The Contractor shall collect residue from portland cement concrete grinding operations with a
vacuum attachment on the grinding machine. The residue shall not be left on the pavement or
allowed to flow across the pavement.
Material excavated from existing roadways may be stockpiled as provided in "Stockpile
Management" of these special provisions if approved by the Engineer. AC or HMA chunks used in
embankment shall be placed above the water table and covered by at least one foot of material.
Substances used to coat asphalt trucks and equipment shall not contain soap, foaming agents, or
toxic chemicals.
Thermoplastic Striping and Pavement Markers
Thermoplastic striping and preheating equipment shutoff valves shall work properly at all times when
on the construction site. The Contractor shall not preheat, transfer, or load thermoplastic within
50 feet of drainage inlets or watercourses. The Contractor shall not fill the preheating container to
more than 6 inches from the top. Truck beds shall be cleaned daily of scraps or melted
thermoplastic.
The Contractor shall not unload, transfer, or load bituminous material for pavement markers within
50 feet of drainage inlets or watercourses. All pressure shall be released from melting tanks before
removing the lid to fill or service. Melting tanks shall not be filled to more than 6 inches from the top.
The Contractor shall collect bituminous material from the roadway after marker removal.
Pile Driving
The Contractor shall keep spill kits and cleanup material at pile driving locations. Pile driving
equipment shall be parked over drip pans, absorbent pads, or plastic sheeting where possible.
When not in use, pile driving equipment shall be stored at least 50 feet from concentrated flows of
storm water, drainage courses, or inlets. The Contractor shall protect pile driving equipment by
parking it on plywood and covering it with plastic when precipitation is predicted. The WPCM shall
inspect the pile driving area every day for leaks and spills.
The Contractor shall use vegetable oil instead of hydraulic fluid when practical.
Concrete Curing
The Contractor shall not overspray chemical curing compound. Drift shall be minimized by spraying
as close to the concrete as possible. Drainage inlets shall be covered before applying curing
compound.
The Contractor shall minimize the use and discharge of water by using wet blankets or similar
methods to maintain moisture when curing concrete.
Concrete Finishing
The Contractor shall collect and dispose of water and solid waste from high-pressure water blasting.
Drainage inlets within 50 feet shall be covered before sandblasting. The nozzle shall be kept as
close to the surface of the concrete as possible to minimize drift of dust and blast material. Blast
residue may contain hazardous material.
Containment structures for concrete finishing operations shall be inspected for damage before each
day of use and before predicted precipitation. Liquid and solid waste shall be removed from the
containment structure after each work shift.
DEWATERING
Dewatering shall consist of discharging accumulated storm water, ground water, or surface water
from excavations or temporary containment facilities. The Contractor shall discharge water within
the limits of the project.
Dewatering discharge shall not cause erosion, scour, or sedimentary deposits that impact natural
bedding materials.
The Contractor shall conduct dewatering activities in accordance with CASQA Construction Manual
BMP NS-2 for dewatering operations available at:
http://www.cabmphandbooks.com/Documents/Construction/NS-2.pdf
Before dewatering the Contractor shall submit a Dewatering and Discharge Plan to the Engineer in
conformance with the provisions in Section 5-1.02, "Plans and Working Drawings," of the Standard
Specifications and "Water Pollution Control," of these special provisions. At a minimum, the
Dewatering and Discharge Plan shall include the following:
A. A title sheet and table of contents;
B. A description of the dewatering and discharge operations detailing the locations, quantity of
water, equipment, and discharge point;
C. The estimated schedule for dewatering and discharge (begin and end dates, intermittent or
continuous);
D. Discharge alternatives such as dust control or percolation; and
E. Visual monitoring procedures with inspection log.
The Contractor shall not discharge storm water or non-storm water that has an odor, discoloration
other than sediment, an oily sheen, or foam on the surface and shall notify the Engineer immediately
upon discovery.
If water cannot be discharged within the project limits due to site constraints it shall be disposed of in
the same manner specified for material in Section 7-1.13, "Disposal of Material Outside the Highway
Right of Way," of the Standard Specifications.
PAYMENT
The contract lump sum price paid for construction site management shall include full compensation
for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work
involved in spill prevention and control, material management, waste management, non-storm water
management, and dewatering, as specified in the Standard Specifications and these special
provisions, and as directed by the Engineer.
10-1.04 TEMPORARY ACTIVE TREATMENT SYSTEM GENERAL
Summary
This work includes designing, placing, operating, monitoring, maintaining, and later removing a
temporary active treatment system. The active treatment system must be used to remove sediment,
turbidity, and other pollutants from uncontaminated groundwater, stormwater, or both and then
discharge the treated water.
For information on documents under these special provisions, refer to the Department's "Storm
Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP)
Preparation Manual" (Preparation Manual) and "Field Guide to Construction Site Dewatering"
(Dewatering Guide).
The Preparation Manual and Dewatering Guide are available from the Department's Construction
Storm Water and Water Pollution Control web site at:
http://www.dot.ca.gov/hq/construc/stormwater/stormwater1.htm
Submittals
At least 15 days before dewatering activities start, submit:
1. Dewatering and discharge plan (DDP) that includes:
1.1. Title sheet
1.2. Table of contents
1.3. Certification and approval sheet (Section 100 of the Preparation Manual)
1.4. Amendment log and format (Section 200 of the Preparation Manual)
1.5. Description and schedule of the dewatering and discharge operations
1.6. Discharge alternatives, including:
1.6.1. Reuse of treated water for construction activities such as dust control, irrigation,
fill compaction, or concrete batch plant
1.6.2. Percolation
1.6.3. Storm sewers
1.6.4. Surface waters
1.7. Treatment system description and components
1.8. Anticipated flow rates
1.9. Operation and system maintenance procedures and example maintenance log
1.10. Field-recorded data, visual inspection, and calibration procedures and example logs
1.11. Measuring equipment descriptions
1.12. Working drawings for dewatering and discharge operations showing:
1.12.1. Section and plan views of storm water effluent treatment systems
1.12.2. Location of sampling points for water quality measurements
1.12.3. Flow path and placement of pipes, hoses, pumps, holding tanks, and other
equipment used to convey water
1.12.4. General position of treatment dewatering and discharge components relative to
excavations or other operations requiring dewatering
1.12.5. Point of storm water discharge
2. Daily Inspection Report. The report form must:
2.1. Be approved by the Engineer before use
2.2. Include discharge volumes
2.3. Include water quality monitoring records
2.4. Include discharge point information for:
2.4.1. Date and time
2.4.1. Weather conditions including wind direction and velocity
2.4.1. Presence or absence of water fowl or aquatic wildlife
2.4.1. Color and clarity of the effluent discharge
2.4.1. Erosion or ponding downstream of the discharge site
2.4.1. Photographs labeled with the time, date, and location
3. POTW municipal batch discharge permit, if used
Within 15 days after contract approval, submit 3 copies of the DDP. Allow 15 days for the
Engineer's review. If revisions are required, the Engineer provides comments and specifies the date
that the review stopped. Revise and resubmit the DDP within 7 days of receipt of the Engineer's
comments. The Engineer's review resumes when the complete DDP is resubmitted. When the
Engineer approves the DDP, submit 4 copies of the approved DDP to the Engineer. After approval,
the Engineer submits a copy of the approved DDP to the California Regional Water Quality Control
Board (RWQCB) for their review and comment. If the RWQCB provides comments to the DDP,
amend the DDP. Construction activities must start no sooner than 30 days after the Engineer
approves the DDP. If the Engineer fails to complete the review within the time allowed and if, in the
opinion of the Engineer, completion of the work is delayed or interfered with because of the
Engineer's or the RWQCB's review, you will be compensated for resulting losses, and an extension
of time will be granted, under Section 8-1.09, "Right of Way Delays," of the Standard Specifications.
Quality Control and Assurance
Retain and submit records of temporary active treatment system including:
1. Delivery and removal of temporary active treatment system components.
2. Daily inspection report that includes all information and recorded data collected. This report
must be certified as true and accurate and signed by those who gather the information.
MATERIALS
Active Treatment System
Design and implement an appropriate active water treatment system for the site conditions and
anticipated flow rate. The active treatment system must include:
1. Treatment system
2. Collection and conveyance system
3. Discharge method
Treatment System
The treatment system must be capable of removing sediment and turbidity-producing suspended
solids. Primary and secondary treatment may be required, or the design of the treatment system
may require combined use of the various treatment components in series to achieve effective
treatment. Treatment system must have components to:
1. Remove sediment and turbidity-producing suspended solids such as:
1.1. Desilting basins
1.2. Settling tanks
1.3. Sediment traps
1.4. Gravity bag filters
1.5. Sand media filters
1.6. Pressurized bag filters
1.7. Cartridge filters
1.8. Chemical coagulants including in-line flocculants
1.9. Temporary holding tanks
1.10. Any combination of these systems to provide primary and secondary treatment
2. Adjust pH or dissolved oxygen by:
2.1. Addition of sulfuric, phosphoric, citric, or nitric acid in conformance with the supplier's
specifications for treatment of water with high pH
2.2. Filtration through a limestone bed or addition of sodium hydroxide for treatment of
water with low pH
2.3. Aeration for treatment of water with low dissolved oxygen
Collection and Conveyance System
Provide pumps and piping to convey the water from the point of dewatering to the treatment system
and to the point of discharge. Pumps and piping must comply with Section 74-2, "Drainage Pump
Equipment," of the Standard Specifications.
Use a flow meter to measure all discharges from dewatering operations.
Discharge Method
Provide a method for discharging treated water and include a discharge location. Do not discharge
treated water in a way that impacts natural bedding or aquatic life.
Discharge treated water:
1. For dust control in active work areas.
2. To land where the grade allows sheet flow and the soil allows infiltration.
3. In a way that does not cause erosion or scour. If scour occurs, repair the damage and install
a velocity dissipater.
CONSTRUCTION
Placement
Place active treatment system components at the job site:
1. Before dewatering work
2. In the immediate area of the dewatering work as approved by the Engineer
3. Away from construction traffic or public access areas
Operation
Divert stormwater away from excavations that would require dewatering.
Water quality limits must comply with the receiving water limitations monitoring and discharge
effluent limitations monitoring requirements under section titled "Monitoring" of these special
provisions. If observations and measurements confirm the water quality limits are exceeded:
1. Stop the discharge immediately
2. Notify the Engineer
3. Start corrective measures to modify, repair, or replace the equipment used to discharge
treated water
After the Engineer inspects and accepts corrective measures:
1. Resume dewatering and discharge operations
2. Start startup-phase sampling requirements before regular-phase sampling requirements
3. Start regular-phase sampling requirements
Relocate active treatment system as needed for dewatering work.
Monitoring
Comply with the manufacturer's instructions for all calibrations of the flow meter. Perform
calibrations in the presence of the Engineer.
While the active treatment system is operated, perform:
1. Flow rate monitoring to:
1.1. Record daily discharge volumes
1.2. Compute average daily volumes
2. Receiving water limitations monitoring. In the receiving storm water drainage system, the
discharge must not cause:
2.1. Downstream turbidity to increase to more than 50 Nephelometric Turbidity Units (NTU)
if the natural background turbidity is less than 50 NTU
2.2. Downstream turbidity to increase more than 10 percent above the natural background
turbidity if the natural background turbidity is 50 NTU or greater
2.3. Normal ambient temperature to be altered more than 5 degrees F
2.4. Normal ambient pH to fall below 6.5, exceed 8.5, or change more than 0.5 units
2.5. Dissolved oxygen concentration to fall below 5.0 mg/L
3. Discharge effluent limitations monitoring. The water to be discharged (effluent) must comply
with the following:
3.1. Discharged water turbidity must not be greater than 50 Nephelometric Turbidity Units
(NTU)
3.2. pH of the discharged water must be from 6.5 to 8.5
3.3. Discharged water must not contain chlorine in excess of 0.02 mg/L (instantaneous
maximum)
Follow these procedures to take water quality measurements to verify requirements for receiving
water limitations and discharge effluent limitations:
1. For discharges of water that exceed 4 hours in duration occurring within a 24-hour period:
1.1. If the discharge may affect the receiving body of water in a storm water drainage
system, take measurements at the background and receiving water sampling locations
no more than 1 hour before discharging treated water.
1.2. Startup-phase sampling includes stormwater runoff, background, and receiving water
measurements taken during the first 3 days of discharge. Start start-up phase
sampling 10 to 30 minutes after measurable runoff occurs during a storm. Take
samples on regular intervals during the storm. Take at least 4 samples for each
discharge lasting 4 hours or more. The time between sampling must not exceed 4
hours.
1.3. Regular-phase sampling includes effluent, background, and receiving water
measurements that occur after the 3rd day of operation. Do regular-phase sampling at
least twice daily. Take samples at regular intervals.
1.4. If there is a noticeable change in color or clarity in the receiving body of water, take
additional effluent, background, and downstream measurements.
1.5. If an initial measurement shows that water quality limits are exceeded, take an
additional measurement no less than 15 minutes and no more than 1 hour after the
initial measurement.
1.6. If the second test confirms the limits were exceeded, revert to the startup-phase
sampling requirements before resuming regular-phase sampling.
1.7. For cofferdam maintenance dewatering, regular-phase monitoring may be discontinued
after 10 days if the effluent and receiving water measurements are consistently below
the water quality limits.
2. For water discharges less than 4 hours in duration occurring within a 24-hr period:
2.1. If the discharge may affect the receiving body of water in a storm water drainage
system, take measurements at the background and receiving water sampling locations
no more than 1 hour before discharging treated water.
2.2. Take effluent, background, and receiving water measurements from 10 to 30 minutes
after initiating discharge. Continue to take measurements every hour.
2.3. If an initial measurement shows that water quality limits are exceeded, take an
additional measurement no more than 15 minutes after the initial measurement.
2.4. If there is a noticeable change in color or clarity in the receiving body of water, take
additional effluent, background, and downstream measurements.
3. For all discharges of water:
3.1. Measure for stormwater effluent turbidity and pH at the end of the outfall or in-line
sampling port.
3.2. Measure receiving water turbidity, pH, and dissolved oxygen at a point within 15 feet
downstream of the discharge point.
3.3. Measure for natural background turbidity, dissolved oxygen, and pH at a location that is
from 9 to 15 feet upstream of the discharge point. If other construction activity is being
performed, measure at least 150 feet upstream of the discharge point.
3.4. If the discharge is made into a surface body of water, or into a stormwater drainage
system that produces an observable effect on a surface body of water, monitor the
receiving water.
4. For receiving water and natural background measurements:
4.1. If the receiving water is deeper than 3 feet, take depth-averaged measurement by
taking samples from 3 points within the water column and averaging the 3
measurements:
4.1.1. 12 inches below the surface.
4.1.2. Mid-depth.
4.1.3. 12 inches above the bottom.
4.2. If the receiving water is less than 3 feet in depth, take measurement 12 inches below
the surface.
Comply with the manufacturer's instructions for use and calibrations of meters and devices for taking
water quality measurements. Perform calibrations in the presence of the Engineer.
Inspection
Inspect temporary active treatment system:
1. Daily if dewatering work occurs daily
2. Weekly if dewatering work does not occur daily
Reporting
If observations and measurements confirm the water quality limits are exceeded:
1. Submit a Notice of Discharge Report as shown in the Preparation Manual within 3 business
days of exceeding the limits
2. Document the reasons and corrective work performed to prevent a reoccurrence in the
Notice of Discharge
Maintenance
Maintain the various components to prevent leaks and provide proper function. If a component of
the dewatering equipment is not functioning properly, discontinue the dewatering operation and
repair or replace the component.
Sediments removed from uncontaminated areas during maintenance of the treatment system must
be dried, distributed uniformly, and stabilized at a location within the project limits approved by the
Engineer.
Removal
Backfill and repair ground disturbance, including holes and depressions, caused by the installation
and removal of the temporary active treatment system. Comply with Section 15-1.02, "Preservation
of Property," of the Standard Specifications.
PAYMENT
The contract lump sum price paid for temporary active treatment system includes full compensation
for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work
involved in designing, implementing, monitoring, maintaining, and later removing the temporary
active treatment system, including disposal of accumulated sediment, as specified in the Standard
Specifications and these special provisions, and as directed by the Engineer.
10-1.05 TEMPORARY EROSION CONTROL BLANKET
GENERAL
Summary
This work includes constructing, maintaining, and removing temporary erosion control blanket.
Temporary erosion control blanket is used to cover and protect disturbed soil areas and soil from
erosion by wind or water. Temporary erosion control blanket reduces channel erosion by protecting
against scour created by concentrated flow.
The SWPPP must describe and include the use of temporary erosion control blanket as a water
pollution control practice for soil stabilization.
Submittals
Submit a Certificate of Compliance as specified in Section 6-1.07, "Certificates of Compliance" of the
Standard Specifications for erosion control blanket.
If you substitute the steel wire staple with an alternative attachment device, submit a sample of the
device for approval at least 5 business days before installation.
MATERIALS
Erosion Control Blanket
Erosion control blanket must be:
1. Described as a rolled erosion control product (RECP)
2. Classified as temporary and degradable or long-term and non-degradable
3. Machine-made mats
4. Provided in rolled strips
5. Classified by the Erosion Control Technology Council (ECTC)
Erosion control blanket classified as temporary and degradable must be one of the following:
1. Double net excelsior blanket:
1.1. Classified as ECTC Type 2D
1.2. Classified as an erosion control blanket
1.3. Designed to last for at least one year after installation
1.4. With a Universal Soil Loss Equation (USLE) C-Factor of not more than 0.20 at a 2:1
(horizontakvertical) slope
1.5. With 80 percent of the wood excelsior fibers being 6 inches or longer
1.6. Capable to withstand a maximum shear stress of 1.75 pounds per square foot under
ASTM D 6460
1.7. With a minimum tensile strength of 75 pounds per foot under ASTM D 5035
1.8. With top and bottom surfaces covered with lightweight non-synthetic netting
2. Double net straw and coconut blanket:
2.1. Classified as ECTC Type 2D
2.2. Classified as an erosion control blanket
2.3. Designed to last for at least one year after installation
2.4. With a USLE C-Factor of not more than 0.20 at a 2:1 (horizontahvertical) slope
2.5. Comprised of 70 percent straw and 30 percent coconut fiber
2.6. Capable to withstand a maximum shear stress of 1.75 pounds per square foot under
ASTM D 6460
2.7. With a minimum tensile strength of 75 pounds per foot under ASTM D 5035
2.8. With top and bottom surfaces covered with lightweight non-synthetic netting
3. Jute netting:
4.1. Classified as ECTC Type 3B
4.2. Classified as an open weave textile and have from 14 to 20 strands per foot in each
direction
4.3. Designed to last for at least one year after installation
4.4. With a USLE C-Factor of not more than 0.25 at a 1.5:1 (horizontakvertical) slope
4.5. Comprised of 100 percent unbleached and undyed spun yarn made of jute fiber
4.6. With an average open area from 63 to 70 percent
4.7. From 48 to 72 inches in width
4.8. Capable to withstand a maximum shear stress of 2.0 pounds per square foot under
ASTM D6460
4.9. With a minimum tensile strength of 100 pounds per foot under ASTM D 5035
4.10. From 0.90 to 1.20 pounds per square yard in weight
4. Coir netting:
4.1. Classified as ECTC Type 4
4.2. Classified as an open weave textile and from 13 to 18 strands per foot in each direction
4.3. Designed to last for at least three years after installation
4.4. With a USLE C-Factor of not more than 0.25 at a 1:1 (horizontahvertical) slope
4.5. Comprised of 100 percent unbleached and undyed spun coir yarn made of coconut
fiber
4.6. With an average open area from 63 to 70 percent
4.7. From 72 to 158 inches in width
4.8. Capable to withstand a maximum shear stress of 2.25 pounds per square foot under
ASTM D6460
4.9. With a minimum tensile strength of 125 pounds per foot under ASTM D 5035
4.10. From 1.20 to 1.67 pounds per square yard in weight
Erosion control blanket classified as long-term and non-degradable must:
1. Be a geosynthetic fabric
2. Comply with Section 88-1.04, "Rock Slope Protection Fabric," of the Standard Specifications
for rock slope protection fabric (Type A)
Staples
You may use an alternative attachment device such as a geosynthetic pins or plastic pegs to install
erosion control blanket.
CONSTRUCTION
Before placing erosion control blanket, remove obstructions including rocks, clods, and debris
greater than 1 inch in diameter from the ground.
If fiber rolls are to be placed in the same area as erosion control blankets, install the blankets before
placing the fiber rolls.
If hydroseeding is to be done in the same area as erosion control blanket:
1. You must hydroseed before placing the double net excelsior or straw and coconut blankets
2. You may hydroseed before or after placing the jute or coir netting
If temporary erosion control blanket is installed on disturbed soil areas including embankment and
excavation slopes:
1. Place the blanket loosely on the embankment or excavation slope with the longitudinal joints
perpendicular to the slope contour lines
3. Place the blanket on the upper portion of the slope overlapping the blanket on the lower
portion of the slope for transverse joints
4. Place the blanket on the side of the prevailing wind shall overlapping the blanket on the
downwind side of the slope for longitudinal joints
2. Overlap and staple the longitudinal and transverse joints
5. Secure the ends of the blanket in key trenches
If temporary erosion control blanket is installed in area of concentrated runoff including ditches and
swales:
1. Place the blanket loosely along the ditch or swale with the longitudinal edges and joints
parallel to the centerline of the ditch or swale
2. Place the blanket on the upper portion of the slope overlapping the blanket on the lower
portion of the slope for transverse joints
3. Secure transverse joints of blankets in intermediate joint trenches
4. Overlap and staple the longitudinal and transverse joints
5. Secure the ends of the blanket in intermediate and key trenches
MAINTENANCE
Remove sediment deposits, trash, and debris from temporary erosion control blanket as needed or
when directed by the Engineer. If removed sediment is deposited within project limits, it must be
stabilized and not subject to erosion by wind or water. Trash and debris must be removed and
disposed of as specified in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way,"
of the Standard Specifications.
Maintain temporary erosion control blanket by:
1. Removing sediment from the surface of the blanket when it is deeper than 2 inches
2. Repairing or replacing the blanket when the area treated with temporary erosion control
blanket becomes exposed or exhibits visible erosion
3. Repairing or replacing the erosion control blanket when washouts occur between joints or
beneath the erosion control blanket
4. Repairing or replacing the erosion control when it becomes detached, torn, or unraveled
Repair temporary erosion control blanket within 24 hours of discovering damage unless the
Engineer approves a longer period.
If your vehicles, equipment, or activities disturb or displace temporary erosion control blanket, repair
erosion control blanket at your expense.
The Department does not pay maintenance costs for cleanup, repair, removal, disposal, or
replacement due to improper installation or your negligence.
REMOVAL
When the Engineer determines that temporary erosion control blanket is not required, it must be
removed and disposed of under Section 7-1.13, "Disposal of Material Outside the Highway Right of
Way," of the Standard Specifications.
Ground disturbance, including holes and depressions, caused by the installation and removal of the
temporary erosion control blanket must be backfilled and repaired under Section 15-1.02,
"Preservation of Property," of the Standard Specifications.
MEASUREMENT AND PAYMENT
Temporary erosion control blanket is measured by the square yard of the actual area covered
excluding overlaps.
The contract price paid per square yard for temporary erosion control blanket includes full
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all
the work involved in installing temporary erosion control blanket, complete in place, including trench
excavation and backfill, and removal of temporary erosion control blanket, as shown on the plans, as
specified in the Standard Specifications and these special provisions, and as directed by the
Engineer.
The State and you share the cost of maintaining the temporary erosion control blanket. The State
determines the maintenance cost under Section 9-1.03, "Force Account Payment," of the Standard
Specifications and pays you one-half of that cost.
10-1.06 TEMPORARY COVER
GENERAL
Summary
This work includes constructing, maintaining, and removing temporary cover.
Temporary cover must be provided as a water pollution control practice for soil stabilization and
stockpile management in accordance with the CASQA Construction Handbook and these special
provisions.
Submittals
Submit a Certificate of Compliance as specified in Section 6-1.07, "Certificates of Compliance" of the
Standard Specifications for:
1. Gravel-filled bag fabric
2. Temporary cover fabric
If you substitute a material in the following list, submit a sample of the alternative material for
approval at least 5 business days before installation:
1. Alternative restrainer
2. Alternative linear sediment barrier
MATERIALS
Geosynthetic Fabrics
Geosynthetic fabrics must consist of one of the following:
1. Polyester
2. Polypropylene
3. Combined polyester and polypropylene
Sample under ASTM D 4354, Procedure C.
Test under ASTM D 4759. All properties are based on Minimum Average Roll Value (MARV).
Identify, store, and handle under ASTM D 4873.
Protect geosynthetics from moisture, sunlight and damage during shipping and storage. Label each
unit with the manufacturer's name, identifying information and product identification.
Gravel-filled bag fabric must comply with:
Specification
Grab breaking load
1-inch grip, Ib, min. in each direction
Apparent elongation
percent, min., in each direction
Water Flow Rate
max. average roll value, gallons per minute/square foot
Permittivity
1/sec., min
Apparent opening size
max. average roll value, U.S. Standard sieve size
Ultraviolet Degradation
percent of original unexposed grab breaking load 500 hr, minimum
Requirement
s
205
50
80-150
1.2
40-80
70
The temporary cover fabric must be geosynthetic cover fabric, plastic sheeting, or a combination of
both.
Temporary cover fabric must be either:
1. Plastic sheeting consisting of a single-ply geomembrane material, 10 mils thick, that
complies with ASTM D 5199
2. Geosynthetic cover fabric that complies with the following properties:
Specification
Grab breaking load
1-inch grip, Ib, min. in each direction
Apparent elongation
percent, min., in each direction
Water Flow Rate
max. average roll value, gallons per minute/square foot
Permittivity
1/sec., min
Apparent opening size
max. average roll value, U.S. Standard sieve size
Ultraviolet Degradation
percent of original unexposed grab breaking load 500 hr, minimum
Requirement
s
200
50
75-120
0.08
100
70
Gravel
Gravel for gravel-filled bags must be:
1. From 3/8 to 3/4 inch in diameter
2. Clean and free from clay balls, organic matter, and other deleterious materials
Gravel-filled Bags
Gravel-filled bags must:
1. Be made from gravel-filled bag fabric.
2. Have inside dimensions from 24 to 32 inches in length, and from 16 to 20 inches in width.
3. Have the opening bound to retain the gravel. The opening must be sewn with yarn, bound
with wire, or secured with a closure device.
4. Weigh from 30 to 50 pounds when filled with gravel.
Restrainers
Restrainers must be used to secure the cover fabric or plastic sheeting to the surface of the slope or
stockpile.
Restrainers must be one of the following:
1. Made of gravel-filled bags that are roped together and spaced no more than a 6 feet apart
2. Made of wooden lath and anchor restrainers as shown on the plans and the following:
2.1 Wooden lath must be 2" x 4" x 8', made from fir or pine, and comply with Section 88-
2.12, "Lumber," of the Standard Specifications
2.2 Anchor restrainers must be made from steel reinforcing bars and spaced no more than
4 feet apart along the wooden lath
3. An approved alternate method
Rope
Rope must be at least 3/8 inch in diameter.
Rope must be one of the following:
1. Biodegradable, such as sisal or manila
2. Nondegradable, such as polypropylene or nylon
Linear Sediment Barrier
Linear sediment barriers consist of one or more of the following:
1. Gravel bag berm
2. Earthen berm
3. Approved alternate method
CONSTRUCTION
Temporary Cover Fabric
Install temporary cover fabric by:
1. Placing the temporary cover fabric loosely on the slope or stockpile with the longitudinal
edges perpendicular to the slope contours
2. Placing the temporary cover fabric on the upper portion of the slope to overlap cover fabric
on the lower portion of the slope
3. Placing the temporary cover fabric on the side of the prevailing wind to overlap the cover
fabric on the downwind side of the slope
4. Anchoring the perimeter edge of the temporary cover fabric in key trenches
5. Overlapping edges of the temporary cover fabric by at least 2 feet
6. Placing restrainers at the overlap area and along the toe of the slope. Between overlaps, the
restrainers must be spaced a maximum of 8 feet on center.
7. Ensuring that, if anchor restraints are used, the leg of the steel reinforcing bar pierces the
temporary cover fabric and holds the wooden lath firmly against the surface of the slope or
stockpile.
Linear Sediment Barrier
Protect excavation and embankment slopes with linear sediment barrier by:
1. Preventing run-on and concentrated flows from damaging the slopes
2. Placing the barrier approximately parallel to the slope contour at the toe of the slope
4. Angling the last 6 feet of the barrier up-slope
Protect stockpiles with linear sediment barrier by:
1. Preventing run-on and concentrated flows from touching the stockpiled material
2. Surrounding the stockpile with a linear sediment barrier
3. Adding more linear sediment barrier within 24 hours of adding more material to the stockpile
If earthen berms are used as a linear sediment barrier, they must be:
1. At least 8 inches high and 36 inches wide
2. Compacted by hand or mechanical method
If gravel bag berms are used as a linear sediment barrier:
1. Place gravel bags as a single layer
2. Place gravel bags end-to-end to eliminate gaps
If you need to increase the height of the gravel bag berm:
1. Increase height by adding rows of gravel-filled bags
2. Stack bags in a way that the bags in the top row overlap the joints in the lower row
3. Stabilize berm by adding rows at the bottom
If you remove the temporary cover to do other work, replace and secure temporary cover within one
hour.
MAINTENANCE
Maintain temporary cover to minimize exposure of the slopes or stockpile and prevent movement of
the material beyond the linear sediment barrier.
Maintain temporary cover by:
1. Relocating and securing restrainers to keep the erosion control blankets in place. Temporary
cover fabric that breaks free must be immediately secured.
2. Repairing or replacing the temporary cover fabric when the area covered by temporary cover
becomes exposed or exhibits visible erosion.
3. Repairing or replacing the linear sediment barrier when washouts occur between joints or
beneath the linear sediment barrier.
4. Repairing or replacing the temporary cover fabric when it becomes detached, torn, or
unraveled.
Repair temporary cover within 24 hours of discovering damage unless the Engineer approves a
longer period.
If your vehicles, equipment, or activities disturb or displace temporary cover, repair temporary cover
at your expense.
REMOVAL
When the Engineer determines that temporary cover is not required, it must be removed and
disposed of under Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the
Standard Specifications.
Ground disturbance, including holes and depressions, caused by the installation and removal of the
temporary cover must be backfilled and repaired under Section 15-1.02, "Preservation of Property,"
of the Standard Specifications.
MEASUREMENT AND PAYMENT
Temporary cover is measured by the square yard of the actual area covered excluding overlaps.
The contract price paid per square yard for temporary cover includes full compensation for furnishing
all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing
temporary cover, complete in place, including restrainers and removal of temporary cover, as shown
on the plans, as specified in the Standard Specifications and these special provisions, and as
directed by the Engineer.
10-1.07 TEMPORARY CONCRETE WASHOUT FACILITY
Temporary concrete washout facilities shall be constructed, maintained, and later removed in
conformance with the CASQA BMP for Concrete Waste Management document which can be
downloaded from the following website:
http://www.cabmphandbooks.com/Documents/ConstructionAA/M-8.pdf.
Temporary concrete washout facilities shall be one of the water pollution control practices for waste
management and materials pollution control.
MATERIALS
Plastic Liner
Plastic liners shall be single ply, new polyethylene sheeting, a minimum of 10 mils thick and shall be
free of holes, punctures, tears or other defects that compromise the impermeability of the material.
Plastic liners shall not have seams or overlapping joints.
Gravel-filled Bags
Gravel bag fabric shall be nonwoven polypropylene geotextile (or comparable polymer) and shall
conform to the following requirements:
Specification
Weight per unit area, ounces per square yard, min.
ASTM Designation: D 5261
Grab tensile strength (one inch grip), kilonewtons, min.
ASTM Designation: D 4632*
Ultraviolet stability, percent tensile strength retained after 500
hours,
ASTM Designation: D 4355, xenon arc lamp method
Requirements
8.0
205
70
* or appropriate test method for specific polymer
Gravel bags shall be between 24 inches and 32 inches in length, and between 16 inches and
20 inches in width.
Yarn used for binding gravel bags shall be as recommended by the manufacturer or bag supplier
and shall be of a contrasting color.
Gravel shall be between 3/8 inch and 3/4 inch in diameter, and shall be clean and free from clay
balls, organic matter, and other deleterious materials.
The opening of gravel-filled bags shall be secured to prevent gravel from escaping. Gravel-filled
bags shall be between 30 pounds and 50 pounds in weight.
Straw Bales
Straw for straw bales shall conform to the provisions in Section 20-2.06, "Straw," of the Standard
Specifications.
Straw bales shall be a minimum of 14 inches in width, 18 inches in height, 36 inches in length and
shall have a minimum weight of 50 pounds. The straw bale shall be composed entirely of vegetative
matter, except for binding material.
Straw bales shall be bound by either wire, nylon or polypropylene string. Jute or cotton binding shall
not be used. Baling wire shall be a minimum of 16 gage in diameter. Nylon or polypropylene string
shall be approximately 0.08-inch in diameter with 80 pounds of breaking strength.
Stakes
Stakes shall be wood or metal. Wood stakes shall be untreated fir, redwood, cedar, or pine and cut
from sound timber. They shall be straight and free of loose or unsound knots or other defects which
would render them unfit for the purpose intended. Wood stakes shall be a minimum 2" x 2" in size.
Metal stakes may be used as an alternative, and shall be a minimum of 0.5-inch in diameter. Stakes
shall be a minimum of 4 feet in length. The tops of the metal stakes shall be bent at a 90-degree
angle or capped with an orange or red plastic safety cap that fits snugly to the metal stake. The
Contractor shall submit a sample of the metal stake and plastic cap, if used, for the Engineer's
approval before installation.
Staples
Staples shall be as shown on the plans. An alternative attachment device such as geotextile pins or
plastic pegs may be used instead of staples. The Contractor shall submit a sample of the alternative
attachment device for the Engineer's approval before installation.
Signs
Wood posts for signs shall conform to the provisions in Section 56-2.02B, 'Wood Posts," of the
Standard Specifications. Lag screws shall conform to the provisions in Section 56-2.02D, "Sign
Panel Fastening Hardware," of the Standard Specifications.
Plywood shall be freshly painted for each installation with not less than 2 applications of flat white
paint. Sign letters shown on the plans shall be stenciled with commercial quality exterior black paint.
Testing of paint will not be required.
INSTALLATION
Temporary concrete washout facilities shall be as follows:
1. Temporary concrete washout facilities shall be installed before beginning placement of
concrete and located a minimum of 50 feet from storm drain inlets, open drainage facilities,
and water courses unless determined infeasible by the Engineer. Temporary concrete
washout facilities shall be located away from construction traffic or access areas at a location
determined by the Contractor and approved by the Engineer.
2. A sign shall be installed adjacent to each washout facility at a location determined by the
Contractor and approved by the Engineer. Signs shall be installed in conformance with the
provisions in Section 56-2.03, "Construction," and Section 56-2.04, "Sign Panel Installation,"
of the Standard Specifications.
3. The length and width of a temporary concrete washout facility may be increased from the
minimum dimensions shown on the plans upon approval of the Engineer.
4. Temporary concrete washout facilities shall be constructed in sufficient quantity and size to
contain liquid and concrete waste generated by washout operations for concrete wastes.
These facilities shall be constructed to contain liquid and concrete waste without seepage,
spills, or overflow.
5. Berms for below grade temporary concrete washout facilities shall be constructed from
compacted native material. Gravel may be used in conjunction with compacted native
material.
6. A plastic liner shall be installed in below grade temporary concrete washout facilities.
Details for an alternative temporary concrete washout facility shall be submitted to the Engineer for
approval at least 7 days before installation.
When temporary concrete washout facilities are no longer required for the work, as determined by
the Engineer, the hardened concrete and liquid residue shall be removed and disposed of in
conformance with the provisions in Section 15-3.02, "Removal Methods," of the Standard
Specifications. Temporary concrete washout facilities shall be disposed of in conformance with the
provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the
Standard Specifications.
Ground disturbance, including holes and depressions, caused by the installation and removal of the
temporary concrete washout facilities shall be backfilled and repaired in conformance with the
provisions in Section 15-1.02, "Preservation of Property," of the Standard Specifications.
MAINTENANCE
Temporary concrete washout facilities shall be maintained to provide adequate holding capacity with
a minimum freeboard of 12 inches. Maintaining temporary concrete washout facilities shall include
removing and disposing of hardened concrete and returning the facilities to a functional condition.
Hardened concrete materials shall be removed and disposed of in conformance with the provisions
in Section 15-3.02, "Removal Methods," of the Standard Specifications. Holes, rips, and voids in the
plastic liner shall be patched and repaired by taping or the plastic liner shall be replaced. The plastic
liner shall be replaced when patches or repairs compromise the impermeability of the material as
determined by the Engineer.
Gravel bags shall be replaced when the bag material is ruptured or when the yarn has failed,
allowing the bag contents to spill out.
Temporary concrete washout facilities shall be repaired or replaced on the same day the damage
occurs. Damage to temporary concrete washout facilities resulting from the Contractor's vehicles,
equipment, or operations shall be repaired at the Contractor's expense.
MEASUREMENT AND PAYMENT
Quantities of temporary concrete washout facilities will be measured as units determined from actual
count in place.
The contract unit price paid for temporary concrete washout facility shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work
involved in constructing a temporary concrete washout facility, complete in place, including
excavation and backfill, maintenance, and removal, as shown on the plans, as specified in the
Standard Specifications and these special provisions, and as directed by the Engineer.
10-1.08 TEMPORARY FENCE
Temporary fence shall be furnished, constructed, maintained, and later removed as specified in
these special provisions and as directed by the Engineer.
Except as otherwise specified in this section, temporary fence shall conform to the specifications for
permanent fence of similar character as provided in Section 80, "Fences," of the Standard
Specifications.
Used materials may be installed provided the used materials are good, sound and are suitable for
the purpose intended, as determined by the Engineer.
Materials may be commercial quality provided the dimensions and sizes of the materials are equal
to, or greater than, the dimensions and sizes shown on the plans or specified herein.
Posts shall be either metal or wood at the Contractor's option.
Galvanizing and painting of steel items will not be required.
Treating wood with a wood preservative will not be required.
Concrete footings for metal posts will not be required.
Temporary fence that is damaged during the progress of the work shall be repaired or replaced by
the Contractor .at the Contractor's expense.
When no longer required for the work, as determined by the Engineer, temporary fence shall be
removed. Removed facilities shall become the property of the Contractor and shall be removed from
the site of the work, except as otherwise provided in this section.
Removed temporary fence materials that are not damaged may be constructed in the permanent
work provided the materials conform to the requirements specified for the permanent work and such
materials are new when used for the temporary fence.
Holes caused by the removal of temporary fence shall be backfilled in conformance with the
provisions in the second paragraph of Section 15-1.02, "Preservation of Property," of the Standard
Specifications.
The various types and kinds of temporary fence will be measured and paid for in the same manner
specified for permanent fence of similar character as provided in Section 80, "Fences," of the
Standard Specifications.
Full compensation for maintaining, removing, and disposing of temporary fence shall be considered
as included in the contract prices paid per linear foot for the various types of temporary fence and no
additional compensation will be allowed therefor.
10-1.09 TEMPORARY FENCE (TYPE ESA)
Temporary fence (Type ESA) shall be furnished, installed, maintained, and later removed in
conformance with the details shown on the plans, as specified in these special provisions and as
directed by the Engineer.
MATERIALS
Used materials may be installed provided the used materials conform to these special provisions.
High Visibility Fabric
High visibility fabric shall be machine produced, orange colored mesh manufactured from
polypropylene or polyethylene. High visibility fabric may be made of recycled materials. Materials
shall not contain biodegradable filler materials that can degrade the physical or chemical
characteristics of the finished fabric. High visibility fabric shall be fully stabilized ultraviolet resistant,
shall be a minimum of 4 feet in width with a maximum mesh opening of 2" x 2". High visibility fabric
shall be furnished in one continuous width and shall not be spliced to conform to the specified width
dimension.
Posts
Posts for temporary fence (Type ESA) shall be of one of the following:
A. Wood posts shall be fir or pine, shall have a minimum cross section of 2" x 2", and a
minimum length of 5.25 feet. The end of the post to be embedded in the soil shall be
pointed. Wood posts shall not be treated with wood preservative.
B. Steel posts shall have a "U," "T," "L," or other cross sectional shape that resists failure from
lateral loads. Steel posts shall have a minimum weight of 0.75 pounds per linear foot and a
minimum length of 5.25 feet. One end of the steel post shall be pointed and the other end
shall have a high visibility colored top.
Fasteners
Fasteners for attaching high visibility fabric to the posts shall be as follows:
A. The high visibility fabric shall be attached to wooden posts with commercial quality nails or
staples, or as recommended by the manufacturer or supplier.
B. Tie wire or locking plastic fasteners shall be used for attaching the high visibility fabric to
steel posts. Maximum spacing of tie wire or fasteners shall be 24 inches along the length of
the steel post.
INSTALLATION
Temporary fence (Type ESA) shall be installed as follows:
A. All fence construction activities shall be conducted from outside the ESA as shown on the
plans or as staked.
B. Posts shall be embedded in the soil a minimum of 16 inches. Post spacing shall be 8 feet
maximum from center to center and shall at all times support the fence in a vertical position.
C. Temporary fence (Type ESA) shall be constructed prior to clearing and grubbing work, shall
enclose the foliage canopy (drip line) of protected plants, and shall not encroach upon visible
roots of the plants.
When Type ESA temporary fence is no longer required, as determined by the Engineer, the
temporary fence shall be removed and disposed of in conformance with the provisions in
Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard
Specifications, except when reused as provided in this section.
Holes caused by the removal of temporary fence (Type ESA) shall be backfilled in conformance with
the provisions in Section 15-1.02, "Preservation of Property," of the Standard Specifications.
MAINTENANCE
Temporary fence (Type ESA) that is damaged during the progress of the work shall be repaired or
replaced by the Contractor the same day the damage occurs.
MEASUREMENT AND PAYMENT
Temporary fence (Type ESA) shall be measured and paid for in the same manner specified for
fence (Type BW or WM, wood or metal posts) as provided in Section 80, "Fences," of the Standard
Specifications.
Full compensation for maintaining, removing, and disposing of temporary fence (Type ESA) shall be
considered as included in the contract price paid per linear foot for temporary fence (Type ESA) and
no additional compensation will be allowed therefor.
10-1.10 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES
Flagging, signs, and temporary traffic control devices furnished, installed, maintained, and removed
when no longer required shall conform to the provisions in Section 12, "Construction Area Traffic
Control Devices," of the Standard Specifications and these special provisions.
Category 1 temporary traffic control devices are defined as small and lightweight (less than
100 pounds) devices. These devices shall be certified as crashworthy by crash testing, crash
testing of similar devices, or years of demonstrable safe performance. Category 1 temporary traffic
control devices include traffic cones, plastic drums, portable delineators, and channelizers.
If requested by the Engineer, the Contractor shall provide written self-certification for
crashworthiness of Category 1 temporary traffic control devices at least 5 days before beginning any
work using the devices or within 2 days after the request if the devices are already in use. Self-
certification shall be provided by the manufacturer or Contractor and shall include the following:
A. Date,
B. Contract number, district, county, route and post mile of project limits,
C. Company name of certifying vendor, street address, city, state and zip code,
D. Printed name, signature and title of certifying person; and
E. Category 1 temporary traffic control devices that will be used on the project.
The Contractor may obtain a standard form for self-certification from the Engineer.
Category 2 temporary traffic control devices are defined as small and lightweight (less than
100 pounds) devices that are not expected to produce significant vehicular velocity change, but may
cause potential harm to impacting vehicles. Category 2 temporary traffic control devices include
barricades and portable sign supports.
Category 2 temporary traffic control devices shall be on the Federal Highway Administration's
(FHWA) list of Acceptable Crashworthy Category 2 Hardware for Work Zones. This list is
maintained by FHWA and can be located at:
http://safetv.fhwa.dot.gov/roadwav dept/road hardware/listing.cfm?code=workzone
The Department also maintains this list at:
http://www.dot.ca.gov/hq/traffops/signtech/signdel/pdf/Categorv2.pdf
Category 2 temporary traffic control devices that have not received FHWA acceptance shall not be
used. Category 2 temporary traffic control devices in use that have received FHWA acceptance
shall be labeled with the FHWA acceptance letter number and the name of the manufacturer. The
label shall be readable and permanently affixed by the manufacturer. Category 2 temporary traffic
control devices without a label shall not be used.
If requested by the Engineer, the Contractor shall provide a written list of Category 2 temporary
traffic control devices to be used on the project at least 5 days before beginning any work using the
devices or within 2 days after the request if the devices are already in use.
Category 3 temporary traffic control devices consist of temporary traffic-handling equipment and
devices that weigh 100 pounds or more and are expected to produce significant vehicular velocity
change to impacting vehicles. Temporary traffic-handling equipment and devices include crash
cushions, truck-mounted attenuators, temporary railing, temporary barrier, portable message signs,
temporary railing (Type K), and end treatments for temporary railing and barrier.
Type III barricades may be used as sign supports if the barricades have been successfully crash
tested, meeting the NCHRP Report 350 criteria, as one unit with a construction area sign attached.
Category 3 temporary traffic control devices shall be shown on the plans or on the Department's
Highway Safety Features list. This list is maintained by the Division of Engineering Services and
can be found at:
http://www.dot.ca.gov/hq/esc/approved products list/HighwavSafe.htm
Category 3 temporary traffic control devices that are not shown on the plans or not listed on the
Department's Highway Safety Features list shall not be used.
Full compensation for providing self-certification for crashworthiness of Category 1 temporary traffic
control devices and for providing a list of Category 2 temporary traffic control devices used on the
project shall be considered as included in the prices paid for the various items of work requiring the
use. of the Category 1 or Category 2 temporary traffic control devices and no additional
compensation will be allowed therefor.
10-1.11 CONSTRUCTION AREA SIGNS
Construction area signs for temporary traffic control shall be furnished, installed, maintained, and
removed when no longer required in conformance with the provisions in Section 12, "Construction
Area Traffic Control Devices," of the Standard Specifications and these special provisions.
Attention is directed to "Furnish Sign" of these special provisions.
Attention is directed to the provisions in "Prequalified and Tested Signing and Delineation Materials"
of these special provisions. Type II retroreflective sheeting shall not be used on construction area
sign panels. Type III, IV, VII, VIII, or IX retroreflective sheeting shall be used for stationary mounted
construction area sign panels.
Unless otherwise shown on the plans or specified in these special provisions, the color of
construction area warning and guide signs shall have black legend and border on orange
background.Orange background on construction area signs shall be fluorescent orange.
Repair to construction area sign panels will not be allowed, except when approved by the Engineer.
At nighttime under vehicular headlight illumination, sign panels that exhibit irregular luminance,
shadowing or dark blotches shall be immediately replaced at the Contractor's expense.
The Contractor shall notify the appropriate regional notification center for operators of subsurface
installations at least 2 business days, but not more than 14 days, prior to commencing excavation for
construction area sign posts. The regional notification centers include, but are not limited to, the
following:
Notification Center
Underground Service Alert
Telephone Number
800-422-4133
Excavations required to install construction area signs shall be performed by hand methods without
the use of power equipment, except that power equipment may be used if it is determined there are
no utility facilities in the area of the proposed post holes. The post hole diameter, if backfilled with
Portland cement concrete, shall be at least 4 inches greater than the longer dimension of the post
cross section.
Construction area signs placed within 15 feet from the edge of the travel way shall be mounted on
stationary mounted sign supports as specified in "Construction Area Traffic Control Devices" of
these special provisions.
The Contractor shall maintain accurate information on construction area signs. Signs that are no
longer required shall be immediately covered or removed. Signs that convey inaccurate information
shall be immediately replaced or the information shall be corrected. Covers shall be replaced when
they no longer cover the signs properly. The Contractor shall immediately restore to the original
position and location any sign that is displaced or overturned, from any cause, during the progress of
work.
Chart No. _
Complete Conventional Highway Closure Hours
County: San Diego Route/Direction: Carlsbad Boulevard /
Southbound
PM: 0.6 mi. S. of Palomar Airport
Road
Closure Limits: Carlsbad Blvd. South from the intersection with Solamar Drive to 1,280 feet north of Island Way
FROM HOUR TO HOUR 24 1 2 3 4 5 6 7 8 9 10 11 121314:161718 19 2021222 24
Mondays through Thursdays
Fridays
Saturdays
Sundays
Legend:
C Conventional highway may be closed completely
No complete conventional highway closure is permitted
REMARKS: Except for local access to Solamar Drive, and contractor personnel, all southbound traffic on
Carlsbad Boulevard will be detoured to Avenida Encinas at Palomar Airport Road as shown on the Detour Plans.
Access to the State Beach Park just north of Island Way will be maintained as shown on the Detour Plans.
10-1.12 BARRICADE
Barricades shall be furnished, placed and maintained at the locations shown on the plans, specified
in the Standard Specifications or in these special provisions or where designated by the Engineer.
Barricades shall conform to the provisions in Section 12, "Construction Area Traffic Control
Devices," of the Standard Specifications and these special provisions.
Attention is directed to "Prequalified and Tested Signing and Delineation Materials" of these special
provisions regarding retroreflective sheeting for barricades.
Construction area sign and marker panels conforming to the provisions in Section 12-3.06,
"Construction Area Signs," of the Standard Specifications shall be installed on barricades in a
manner determined by the Engineer at the locations shown on the plans.
Sign panels for construction area signs and marker panels installed on barricades shall conform to
the provisions in Section 12-3.06A, "Stationary Mounted Signs," of the Standard Specifications.
Full compensation for furnishing, installing, maintaining, and removing construction area signs and
marker panels on barricades shall be considered as included in the contract unit price paid for the
type of barricade involved and no separate payment will be made therefor.
Barricades shown on the plans as part of a traffic control system will be paid for as provided in
"Traffic Control System for Lane Closure" of these special provisions and will not be included in the
count for payment of barricades.
10-1.13 EXISTING HIGHWAY FACILITIES
The work performed in connection with various existing highway facilities shall conform to the
provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these
special provisions.
PREPARING EXISTING ROADBED
When subbase, base or pavement materials are to be placed on the existing roadbed, the existing
roadbed shall first be cleaned of dirt and extraneous material.
When ordered by the Engineer, a leveling course of the material to be placed shall be spread upon
the existing roadbed in conformance with the specifications for the type of material being placed. No
compensation other than the contract price or prices being paid for the material will be made for this
work.
Where shown on the plans, specified or directed by the Engineer, the existing roadbed shall be
scarified, watered, graded, and rolled in advance of placing new material thereon. The cost of all
such work will be paid for as extra work as provided in Section 4-1.03D of the Standard
Specifications.
Broken, failed or other unsatisfactory portions of the existing roadbed shall be removed and
disposed of outside the highway right of way. The areas and depths to be removed shall be as
ordered by the Engineer. The area in the exposed spaces shall be watered and compacted, after
which the space shall be filled with material as directed by the Engineer. The cost of all such work
will be paid for as extra work as provided in Section 4-1.03D of the Standard Specifications.
Except as otherwise provided, full compensation for furnishing all labor, materials, tools, equipment,
and incidentals, and for doing all the work involved in preparing existing roadbed as shown on the
plans, as specified herein, and as directed by the Engineer shall be considered as included in the
contract price paid for the material to be placed on the existing roadbed.
REMOVE ASPHALT CONCRETE DIKE
Existing asphalt concrete dike, where shown on the plans to be removed, shall be removed.
Prior to removing the dike, the outside edge of the asphalt concrete to remain in place shall be cut
on a neat line to a minimum depth of 0.17-foot.
The dike shall be removed in such a manner that the surfacing which is to remain in place is not
damaged.
The dike shall be disposed of outside the highway right of way in conformance with the provisions in
Section 7-1.13 of the Standard Specifications.
REMOVE BASE AND SURFACING
Existing base and bituminous surfacing shown on the plans to be removed, shall be removed to a
depth of at least 6 inches below the grade of the existing surfacing. Resulting holes and
depressions shall be backfilled with earthy material selected from excavation to the lines and grade
established by the Engineer.
The material removed shall be disposed of outside the highway right of way in conformance with the
provisions in Section 15-2.03, "Disposal," of the Standard Specifications.
Removing base and surfacing will be measured and paid for as roadway excavation.
COLD PLANE ASPHALT CONCRETE PAVEMENT
Existing asphalt concrete pavement shall be cold planed at the locations and to the dimensions
shown on the plans.
Planing asphalt concrete pavement shall be performed by the cold planing method. Planing of the
asphalt concrete pavement shall not be done by the heater planing method.
Cold planing machines shall be equipped with a cutter head not less than 30 inches in width and
shall be operated so that no fumes or smoke will be produced. The cold planing machine shall
plane the pavement without requiring the use of a heating device to soften the pavement during or
prior to the planing operation.
The depth, width, and shape of the cut shall be as shown on the plans or as designated by the
Engineer. The final cut shall result in a uniform surface conforming to the plans. The outside lines
of the planed area shall be neat and uniform. Planing asphalt concrete pavement operations shall
be performed without damage to the surfacing to remain in place.
Planed widths of pavement shall be continuous except for intersections at cross streets where the
planing shall be carried around the corners and through the conform lines. Following planing
operations, a drop-off of more than 0.15-foot will not be allowed between adjacent lanes open to
public traffic.
Where transverse joints are planed in the pavement at conform lines no drop-off shall remain
between the existing pavement and the planed area when the pavement is opened to public traffic.
If Hot Mix Asphalt (HMA) has not been placed to the level of existing pavement before the pavement
is to be opened to public traffic a temporary HMA taper shall be constructed. HMA for temporary
tapers shall be placed to the level of the existing pavement and tapered on a slope of 30:1
(Horizontal: Vertical) or flatter to the level of the planed area.
HMA for temporary tapers shall be the same quality as the HMA used elsewhere on the project or
shall conform to the material requirements for minor HMA. HMA for tapers shall be compacted by
any method that will produce a smooth riding surface. Temporary HMA tapers shall be completely
removed, including the removal of loose material from the underlying surface, before placing the
permanent surfacing. The removed material shall be disposed of outside the highway right of way in
conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right
of Way," of the Standard Specifications.
The material planed from the roadway surface, including material deposited in existing gutters or on
the adjacent traveled way, shall be disposed of in conformance with the provisions in Section 7-1.13,
"Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. Removal
operations of cold planed material shall be concurrent with planing operations and follow within
50 feet of the planer, unless otherwise directed by the Engineer.
Cold plane asphalt concrete pavement will be measured by the square yard. The quantity to be paid
for will be the actual area of surface cold planed irrespective of the number of passes required to
obtain the depth shown on the plans.
The contract price paid per square yard for cold plane asphalt concrete pavement shall include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all
the work involved in cold planing asphalt concrete surfacing and disposing of planed material,
including furnishing the HMA for and constructing, maintaining, removing, and disposing of
temporary HMA tapers, as specified in the Standard Specifications and these special provisions and
as directed by the Engineer.
BRIDGE REMOVAL
Removing bridge shall conform to the provisions in Section 15-4, "Bridge Removal," of the Standard
Specifications and these special provisions.
The existing reinforced concrete T-Beam, abutments, wingwalls, retaining walls, foundations, bottom
reinforced concrete slab and cut-off walls, as well as portions of existing piles, shall be removed
from the site and disposed of.
The lump sum price paid for Bridge Removal shall include full compensation for furnishing all labor,
materials, tools, equipment and incidentals, and for doing all the work involved in removing bridge or
portions thereof, including structure and roadway excavations, structure backfill, and salvaging
materials not to be reused in the project when salvaging is specified and not otherwise paid for, as
shown on the plans, as specified in the Standard Specifications and these special provisions, and as
directed by the Engineer.
Removed materials shall become the property of the Contractor and shall be disposed of in
conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right
of Way," of the Standard Specifications.
10-1.14 CLEARING AND GRUBBING
Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the
Standard Specifications and these special provisions.
Vegetation shall be cleared and grubbed only within the excavation and embankment slope lines.
10-1.15 EARTHWORK
Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications
and these special provisions.
Surplus excavated material shall become the property of the Contractor and shall be disposed of in
conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right
of Way," of the Standard Specifications.
Surplus excavated material not designated as hazardous waste due to aerially deposited lead shall
become the property of the Contractor and shall be disposed of in conformance with the provisions
in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard
Specifications.
Where a portion of the existing surfacing is to be removed, the outline of the area to be removed
shall be cut on a neat line with a power-driven saw to a minimum depth of 0.17-foot before removing
the surfacing. Full compensation for cutting the existing surfacing shall be considered as included in
the lump sum price paid for bridge removal and no additional compensation will be allowed therefor.
The portion of imported borrow placed within 4 feet of the finished grade shall have a Resistance
(R-Value) of not less than 35.
Reinforcement or metal attached to reinforced concrete rubble placed in embankments shall not
protrude above the grading plane. Prior to placement within 2 feet below the grading plane of
embankments, reinforcement or metal shall be trimmed to no greater than 3/4 inch from the face of
reinforced concrete rubble. Full compensation for trimming reinforcement or metal shall be
considered as included in the contract prices paid per cubic yard for the types of excavation shown
in the Engineer's estimate, or the contract prices paid for furnishing and placing imported borrow or
embankment material, or the lump sum price paid for bridge removal as the case may be, and no
additional compensation will be allowed therefor.
Imported borrow shall be mineral material including rock, sand, gravel, or earth. The Contractor
shall not use man-made refuse in imported borrow including:
A. Portland cement concrete
B. Asphalt concrete
C. Hot mix asphalt
D. Material planed from roadway surfaces
E. Residue from grooving or grinding operations
F. Metal
G. Rubber
H. Mixed debris
I. Rubble
The fifth paragraph of Section 19-6.02, "Compacting," of the Standard Specifications shall not apply.
At the time of compaction, the moisture content of embankment material to be compacted to not less
than 95 percent shall be such that the specified relative compaction will be obtained and the
embankment will be in a firm and stable condition. Embankment material to be compacted to not
less than 90 percent shall be compacted without adding water to the embankment, and the specified
relative compaction shall be obtained so that the embankment will be in a firm and stable condition.
Embankment material which contains excessive moisture shall not be compacted until the material
is dry enough to obtain the required compaction.
Full compensation for additional work involved in drying embankment material to the required
moisture content shall be considered as included in the contract price paid for excavating or
furnishing the material and no additional compensation will be allowed therefor.
Full compensation for additional work involved in compacting embankment material without adding
water shall be considered as included in the contract lump sum price paid for bridge removal and no
additional compensation will be allowed therefor.
At the footings of the proposed retaining walls/wingwalls, and at the bottom of the structural slab and
cut-off walls where material is removed and replaced, as described herein, a relative compaction of
not less than 95 percent shall be obtained for a minimum depth of 0.5 foot below the bottom of
excavation.
Pervious backfill material placed within the limits of payment for bridges will be measured and paid
for as structure backfill (bridge).
If structure excavation or structure backfill for bridges is not otherwise designated by type and
payment for the structure excavation or structure backfill has not otherwise been provided for in the
Standard Specifications or these special provisions, the structure excavation or structure backfill will
be measured and paid for as structure excavation (bridge) or structure backfill (bridge), respectively.
10-1.16 FINISHING ROADWAY
Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway," of the
Standard Specifications.
10-1.17 MINOR RUBBERIZED HOT MIX ASPHALT
GENERAL
Summary
This work includes producing rubberized hot mix asphalt (RHMA) at a central mixing plant and
placing it as specified.
MATERIALS
For minor RHMA:
1. Do not submit a job mix formula.
2. Choose the 3/8-inch or 1/2-inch RHMA Type A or Type B aggregate gradation under Section
39-1.02E, "Aggregate," of the Standard Specifications.
3. Minimum asphalt binder content must be 6.8 percent for 3/8-inch aggregate gradation and
6.0 percent for 1/2-inch aggregate gradation.
4. Choose asphalt binder Grade PG 64-10, PG 64-16, or PG 70-10 under Section 92,
"Asphalts," of the Standard Specifications.
If you request and the Engineer authorizes, you may reduce the minimum asphalt binder content.
Tack coat must comply with Section 39, "Hot Mix Asphalt," of the Standard Specifications.
CONSTRUCTION
Using a self-propelled spreader, spread minor RHMA ready for compacting without further shaping.
Compact minor RHMA with a vibratory roller providing a minimum of 7,000 pounds centrifugal force.
With the vibrator on, compact at least 3 complete coverages over each layer, overlapping to prevent
displacement. The speed of the vibratory roller in miles per hour must not exceed the vibrations per
minute divided by 1,000. If the RHMA layer thickness is less than 0.08 foot, turn the vibrator off.
Complete the first coverage before the mixture's temperature drops below 250 °F.
Minor RHMA finished surface must be:
1. Textured uniformly
2. Compacted firmly
3. Without depressions, humps, and irregularities
4. Compliant with the 12-foot straightedge specifications in Section 39-1.12, "Smoothness," of
the Standard Specifications
MEASUREMENT AND PAYMENT
The contract item price paid per ton for minor rubberized hot mix asphalt includes full compensation
for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work
involved in minor rubberized hot mix asphalt complete in place including tack coat, as shown on the
plans, as specified in the Standard Specifications and these special provisions, and as directed by
the Engineer.
10-1.18 CONCRETE STRUCTURES
Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete
Structures," of the Standard Specifications and these special provisions.
Attention is directed to "Precast Concrete Quality Control" of these special provisions.
Shotcrete shall not be used as an alternative construction method for reinforced concrete members
unless otherwise specified.
DECK CRACK TREATMENT
When methacrylate resin work is to be conducted within 100 feet of a residence, business, or public
space, including sidewalks under a structure, the Contractor shall notify the public at least 7 days
before starting work and monitor airborne emissions during the work. Public notification and
monitoring of airborne emissions shall conform to the following:
A. The public safety plan required in Section 51-1.17A, "Deck Crack Treatment," of the
Standard Specifications shall include a copy of the notification letter and a list of addresses
and locations where the letter will be delivered and posted. The letter shall state the
methacrylate resin work locations, dates, times, and what to expect. The letter shall be
delivered to each residence and each business within 100 feet of the methacrylate resin
work. The letter shall be delivered to local fire and police responders, and it shall be posted
at the job site.
B. The public safety plan shall include an airborne emissions monitoring plan prepared by a
certified industrial hygienist and a copy of the hygienist's certification. Airborne emissions
shall be monitored at a minimum of 4 points including the point of mixing, the point of
application, and the point of nearest public contact, as determined by the Engineer. At the
completion of methacrylate resin work, a report by the certified industrial hygienist with
results of the airborne emissions monitoring plan shall be submitted to the Engineer.
CONCRETE
Concrete shown on the plans that has a 28-day compressive strength of greater than 3,600 psi shall
contain not less than 675 pounds of cementitious material per cubic yard. The concrete shall be
considered to be designated by cementitious material content rather than by 28-day compressive
strength.
AGGREGATE GRADINGS
The aggregate grading of concrete for the arch units and wingwalls shall be the one inch maximum
combined aggregate grading and shall conform to the requirements in Section 90-3, "Aggregate
Gradings," of the Standard Specifications.
10-1.19 COLORED CONCRETE
Colored concrete shall conform to the provisions in Section 51, "Concrete Structures," of the
Standard Specifications and these special provisions.
The precast and cast-in-place concrete surfaces of the retaining walls/wingwalls, headwalls, arch,
and concrete barriers shall be integrally pigmented concrete. The color, "San Diego Buff', shall
closely conform to the Davis Company manufactured product # 5237.
Color pigments shall be of high quality iron oxides conforming to ASTM C 979. The dosage shall not
exceed 10 percent by weight of cementitious material in the concrete mix design.
The Contractor shall submit technical data and manufacturer's specifications for colored concrete
components and a proposed plan for mixing, delivery, placement, finishing, and curing of the colored
concrete. This plan shall be submitted to the Engineer for approval at least 20 days prior to placing
colored concrete.
A test panel of at least 4' x 4' with a minimum depth of 5 inches shall be successfully completed at a
location approved by the Engineer at least 20 days before placing colored concrete. The test panel
shall be constructed, finished, and cured with the same materials, tools, equipment, and methods
that will be used in placing the colored concrete. At the completion of the curing period, the test
panel shall exhibit a color that closely matches the specified color. If ordered by the Engineer,
additional test panels shall be constructed, finished, and cured until the specified color is obtained.
The approved test panel shall be the standard of comparison in determining the acceptability of
colored concrete. Upon successful completion of all colored concrete, all test panels shall be
disposed of in conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the
Highway Right of Way," of the Standard Specifications.
Cementitious materials and aggregates from the same sources used in the approved test panel
shall be used for the colored concrete in the finished work.
The Contractor shall monitor the water content, weight of cementitious materials, and size, weight,
and color of aggregate to maintain consistency and accuracy of the mixed colored concrete. The
Contractor shall schedule delivery of concrete to provide consistent mix times from batching until
discharge. No water shall be added after a portion of the batch has been discharged.
When more than one concrete pump is used to place concrete, the Contractor shall designate the
pumps to receive colored concrete. The designated pumps shall receive only colored concrete
throughout the concrete placement operation.
Consistent finishing practices shall be used to ensure uniformity of texture and color.
Unless otherwise specified, curing of colored concrete shall be by the forms-in-place method or the
curing compound method only and shall conform to Section 90-7.03, "Curing Structures," of the
Standard Specifications and these special provisions. The curing compound used for curing colored
concrete surfaces shall be clear or match the color of the colored concrete and shall be
manufactured specifically for colored concrete. Curing compounds containing calcium chloride shall
not be used. The time between completing surface finishing and applying curing compound shall be
the same for each colored concrete component.
Surrounding exposed surfaces shall be protected during placement, finishing, and curing operations
of colored concrete.
Full compensation for all precast colored concrete shall be considered as included in the lump sum
contract price paid for the CONSPAN Arch Bridge or equal, and no separate payment will be made
therefor.
10-1.20 REINFORCEMENT
Reinforcement shall conform to the provisions in Section 52, "Reinforcement," of the Standard
Specifications and these special provisions.
The Department's mechanical splices prequalified list can be found at:
http://www.dot.ca.gov/hq/esc/approved_products_list/
The provisions in 'Welding Quality Control" of these special provisions shall not apply to resistance
butt welding.
EPOXY-COATED PREFABRICATED REINFORCEMENT
Bar reinforcement to be epoxy-coated shall conform to the ASTM Designation and grade required or
permitted by Section 52-1.02A, "Bar Reinforcement," of the Standard Specifications, for the location
or type of structure involved. The coated bar reinforcement shall conform to the requirements in
ASTM Designation: A 934/A 934M except as provided herein.
Wire reinforcement to be epoxy-coated shall conform to the ASTM Designation and grade required
or permitted by Section 52-1.02D, "Reinforcing Wire," of the Standard Specifications for the location
or type of structure involved. The coated wire reinforcement shall conform to the requirements for
Class A, Type 2 coating of ASTM Designation: A 884/A 884M except as provided herein.
Appendices X1 and X2, "Guidelines For Job-Site Practices," of ASTM Designation: A 884/A 884M
and A934/A934M, respectively, shall apply except as provided herein. The term "shall" shall
replace the term "should" in these appendices. Section X1.2 of Appendix X1 and Section X2.2 of
Appendix X2 shall not apply.
All coatings shall be purple or gray in color.
Except for field welding of butt splices, all welding of reinforcement shall be complete before epoxy
coating the reinforcement.
Before epoxy coating, all resistance butt welds shall have the weld flash removed to produce a
smooth profile free of any sharp edges that would prevent proper coating of the bar. The flash shall
be removed such that the ultimate tensile strength and elongation properties of the bar are not
reduced, and the outside radius of the flash, at any point along the circumference of the bar, is 1) not
less than the nominal radius of the bar, nor 2) greater than 3/16 inch beyond the nominal radius of
the bar.
A proposed weld flash removal process shall be submitted to and approved by the Engineer in
writing, before performing any removal work. The submittal shall demonstrate that the proposed
flash removal process produces a smooth profile that can be successfully epoxy-coated in
conformance with the requirements specified herein.
Bending of epoxy-coated reinforcement after the coating has been applied will not be allowed.
When any portion of a reinforcing bar or wire requires epoxy coating, the entire bar or wire shall be
coated, except, when the bar or wire is spliced outside of the limits of epoxy coating shown on the
plans, epoxy coating will not be required on the portion of bar or wire beyond the splice.
Within areas where epoxy-coated reinforcement is required, tie wire and bar chairs or other metallic
devices used to secure or support the reinforcement shall be plastic-coated or epoxy-coated to
prevent corrosion of the devices or damage to the coated reinforcement.
Prior to coating, the Contractor shall furnish to the Engineer a representative 4 ounce sample from
each batch of epoxy coating material to be used. Each sample shall be packaged in an airtight
container identified with the manufacturer's name and batch number.
Two 30 inch long samples of coated bar or wire reinforcement from each size and from each load
shipped to the jobsite shall be furnished to the Engineer for testing. These samples shall be
representative of the material furnished. These samples, as well as any additional random samples
taken by the Engineer, may be tested for specification compliance. Additional sampling, and all
tests performed by the Engineer, may be performed at any location deemed appropriate by the
Engineer. Failure of any sample to meet the requirements of the specifications will be cause for
rejection.
If any bar tested for coating thickness or for adhesion of coating fails to meet the requirements for
coated bars in Section 9 of ASTM Designation: A 934/A 934M, 2 retests on random samples taken
from bars represented by the failed test will be conducted for each failed test. If the results of both
retests meet the specified requirements, the coated bars represented by the samples may be
certified as meeting the test requirements.
If any wire reinforcement tested for coating thickness or for flexibility fails to meet the requirements
for coated wire in Section 8 of ASTM Designation: A 884/A 884M, 2 retests on random samples
taken from wire represented by the failed test will be conducted for each failed test. If the results of
both retests meet the specified requirements, the coated wire represented by the samples may be
certified as meeting the test requirements.
Epoxy-coated reinforcement shall be covered with an opaque polyethylene sheeting or other
suitable protective material to protect the reinforcement from exposure to sunlight, salt spray, and
weather. For stacked bundles, the protective covering shall be draped around the perimeter of the
stack. The covering shall be adequately secured; however, it should allow for air circulation around
the reinforcement to prevent condensation under the covering. Epoxy-coated reinforcement shall
not be stored within 1000 feet of ocean or tidal water for more than 2 months.
All visible damage to coatings caused by shipping, handling, or installation shall be repaired as
required for repairing coating damaged before shipment conforming to the requirements in ASTM
Designation: A 934/A 934M for bar reinforcement or ASTM Designation: A 884/A 884M for wire
reinforcement. When the extent of coating damage prior to repair exceeds 2 percent of the bar or
wire surface area in one foot length, repair of the bar or wire will not be allowed, and the coated bar
or wire will be rejected.
The patching material and process shall be suitable for field application. The patching material shall
be prequalified as required for the coating material and shall be either identified on the container as
a material compatible with the reinforcement coating, or shall be accompanied by a Certificate of
Compliance certifying that the material is compatible with the reinforcement coating. Damaged
areas shall be patched in conformance with the patching material manufacturer's recommendations.
Except for lap splices, all splices for epoxy-coated reinforcement shall be coated with a corrosion
protection covering that is on the Department's list of approved products that is available from the
Transportation Laboratory. The covering shall be installed in conformance with the manufacturer's
recommendations and as directed by the Engineer.
A Certificate of Compliance conforming to the provisions in Section 6-1.07, "Certificates of
Compliance," of the Standard Specifications, shall be furnished for each shipment of epoxy-coated
bar or wire reinforcement certifying that the coated bars or wire conform to the requirements in
ASTM Designation: A 934/A 934M for bars or Designation: A 884/A 884M for wire and Section 52-
1.02B, "Epoxy-coated Reinforcement," of the Standard Specifications. This Certificate of
Compliance shall include all the certifications specified in ASTM Designation: A 934/A 934M for
bars or ASTM Designation: A 884/A 884M for wire. All qualification testing and certification shall be
by an independent laboratory. The Department maintains a list of prequalified epoxy coatings. The
prequalified list can be obtained by contacting the Transportation Laboratory and is available at:
10-1.23 METAL BEAM GUARD RAILING
Metal beam guard railing shall be constructed in conformance with the provisions in Section 83-1,
"Railings," of the Standard Specifications and these special provisions.
Line posts shall be wood, steel, or plastic. Blocks shall be wood or plastic.
Metal beam guard railing elements and required backup plates, terminal sections, end caps, and
return caps shall conform to the requirements of Type 2 W-Beam as shown in AASHTO
Designation: M 180.
ALTERNATIVE IN-LINE TERMINAL SYSTEM
Alternative in-line terminal system shall be furnished and installed as shown on the plans and in
conformance with these special provisions.
The allowable alternatives for an in-line terminal system shall consist of one of the following or a
Department approved equal.
A. TERMINAL SYSTEM (TYPE SKT) - Terminal system (Type SKT) shall be a SKT350
Sequential Kinking Terminal manufactured by Road Systems, Inc., located in Big Spring,
Texas, and shall include items detailed for terminal system (Type SKT) shown on the plans.
The SKT 350 Sequential Kinking Terminal can be obtained from the distributor, Universal
Industrial Sales, P.O. Box 699, Pleasant Grove, UT 84062, telephone (801)785-0505 or
from the distributor, Gregory Highway Products, 4100 13th Street, S.W., Canton, OH 44708,
telephone (330) 477-4800.
B. TERMINAL SYSTEM (TYPE ET) - Terminal system (Type ET) shall be an ET-2000 PLUS
(4-tube system) extruder terminal as manufactured by Trinity Industries, Inc., and shall
include items detailed for terminal system (Type ET) shown on the plans. The
ET-2000 PLUS (4-tube system) extruder terminal can be obtained from the manufacturer,
Trinity Industries, Inc., P.O. Box 99, 950 West 400S, Centerville, UT 84014, telephone
(800) 772-7976.
The Contractor shall provide the Engineer with a Certificate of Compliance from the manufacturer in
conformance with the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard
Specifications. The Certificate of Compliance shall certify that the terminal systems furnished
conform to the contract plans and specifications, conform to the prequalified design and material
requirements, and were manufactured in conformance with the approved quality control program.
Terminal systems shall be installed in conformance with the manufacturer's installation instructions
and these requirements. Each terminal system installed shall be identified by painting the type of
terminal system in neat black letters and figures 2 inches high on the backside of the rail element
between system posts numbers 4 and 5.
For terminal system (Type ET) the steel foundation tubes with soil plates attached shall be, at the
Contractor's option, either driven, with or without pilot holes, or placed in drilled holes. Space
around the steel foundation tubes shall be backfilled with selected earth, free of rock, placed in
layers approximately 4 inches thick and each layer shall be moistened and thoroughly compacted.
The wood terminal posts shall be inserted into the steel foundation tubes by hand and shall not be
driven. Before the wood terminal posts are inserted, the inside surfaces of the steel foundation
tubes to receive the wood posts shall be coated with a grease which will not melt or run at a
temperature of 149° F or less. The edges of the wood terminal posts may be slightly rounded to
facilitate insertion of the post into the steel foundation tubes.
For terminal system (Type SKT) the soil tubes shall be, at the Contractor's option, driven with or
without pilot holes, or placed in drilled holes. Space around the steel foundation tubes shall be
backfilled with selected earth, free of rock, placed in layers approximately 4 inches thick and each
layer shall be moistened and thoroughly compacted. Wood posts shall be inserted into the steel
foundation tubes by hand. Before the wood terminal posts are inserted, the inside surfaces of the
steel foundation tubes to receive the wood posts shall be coated with a grease which will not melt or
run at a temperature of 149° F or less. The edges of the wood posts may be slightly rounded to
facilitate insertion of the post into the steel foundation tubes.
Surplus excavated material remaining after the terminal system has been installed shall be disposed
of in a uniform manner along the adjacent roadway where designated by the Engineer.
The contract unit price paid for alternative in-line terminal system shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved
in furnishing and installing alternative in-line terminal system, complete in place, including
excavation, backfill and disposal of surplus material, as shown on the plans, as specified in the
Standard Specifications and these special provisions, and as directed by the Engineer.
ALTERNATIVE FLARED TERMINAL SYSTEM
Alternative flared terminal system shall be furnished and installed as shown on the plans and in
conformance with these special provisions.
The allowable alternatives for a flared terminal system shall consist of one of the following or a
Department approved equal.
A. TERMINAL SYSTEM (TYPE FLEAT) - Terminal system (Type FLEAT) shall be a Flared
Energy Absorbing Terminal 350 manufactured by Road Systems, Inc., located in Big Spring,
Texas, and shall include items detailed for terminal system (Type FLEAT) shown on the
plans. The Flared Energy Absorbing Terminal 350 can be obtained from the distributor,
Universal Industrial Sales, P.O. Box 699, Pleasant Grove, UT 84062, telephone
(801)785-0505 or from the distributor, Gregory Highway Products, 4100 13th Street, S.W.,
Canton, OH 44708, telephone (330) 477-4800.
B. TERMINAL SYSTEM (TYPE SRT) - Terminal system (Type SRT) shall be an SRT-350
Slotted Rail Terminal (8-post system) as manufactured by Trinity Industries, Inc., and shall
include items detailed for terminal system (Type SRT) shown on the plans. The SRT-350
Slotted Rail Terminal (8-post system) can be obtained from the manufacturer, Trinity
Industries, Inc., P.O. Box 99, 950 West 400S, Centerville, UT 84014, telephone
(800) 772-7976.
The Contractor shall provide the Engineer with a Certificate of Compliance from the manufacturer in
conformance with the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard
Specifications. The Certificate of Compliance shall certify that the terminal systems furnished
conform to the contract plans and specifications, conform to the prequalified design and material
requirements, and were manufactured in conformance with the approved quality control program.
Terminal systems shall be installed in conformance with the manufacturer's installation instructions
and these requirements. Each terminal system installed shall be identified by painting the type of
terminal system in neat black letters and figures 2 inches high on the backside of the rail element
between system posts numbers 4 and 5.
For terminal system (Type SRT), the steel foundation tubes with soil plates attached shall be, at the
Contractor's option, either driven, with or without pilot holes, or placed in drilled holes. Space
around the steel foundation tubes shall be backfilled with selected earth, free of rock, placed in
layers approximately 4 inches thick and each layer shall be moistened and thoroughly compacted.
The wood terminal posts shall be inserted into the steel foundation tubes by hand and shall not be
driven. Before the wood terminal posts are inserted, the inside surfaces of the steel foundation
tubes to receive the wood posts shall be coated with a grease which will not melt or run at a
temperature of 149° F or less. The edges of the wood terminal posts may be slightly rounded to
facilitate insertion of the post into the steel foundation tubes.
For terminal system (Type FLEAT), the soil tubes shall be, at the Contractor's option, driven with or
without pilot holes, or placed in drilled holes. Space around the steel foundation tubes shall be
backfilled with selected earth, free of rock, placed in layers approximately 4 inches thick and each
layer shall be moistened and thoroughly compacted. Wood posts shall be inserted into the steel
foundation tubes by hand. Before the wood terminal posts are inserted, the inside surfaces of the
steel foundation tubes to receive the wood posts shall be coated with a grease which will not melt or
run at a temperature of 149° F or less. The edges of the wood posts may be slightly rounded to
facilitate insertion of the post into the steel foundation tubes.
Surplus excavated material remaining after the terminal system has been installed shall be disposed
of in a uniform manner along the adjacent roadway where designated by the Engineer.
The contract unit price paid for alternative flared terminal system shall include full compensation for
furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved
in furnishing and installing alternative flared terminal system, complete in place, including
excavation, backfill and disposal of surplus material, as shown on the plans, as specified in the
Standard Specifications and these special provisions, and as directed by the Engineer.
10-1.24 METAL BRIDGE RAILING
Metal tube bridge railing, and tubular handrailing shall conform to the provisions in Section 83-1,
"Railings," of the Standard Specifications and these special provisions.
Resin capsule anchors shall conform to Section 75-1.03, "Miscellaneous Bridge Metal," of the
Standard Specifications. Mortar for the mortar pad shown on the plans shall conform to
Section 51-1.135, "Mortar," of the Standard Specifications.
Drilling and bonding threaded rods shall conform to the details shown in the plans, the provisions in
Section 83-2.020(1), "General," of the Standard Specifications, and these special provisions.
Threaded rods shall conform to Section 75-1.03, "Miscellaneous Bridge Metal," of the Standard
Specifications.
GENERAL
Aluminum railing shall conform to the following standards and codes:
a. ASTM E 935 - Standard Test Methods for Permanent Metal Railing Systems and Rails for
Buildings.
b. ASTM E 985 - Standard Specification for Permanent Metal Railing Systems and Rails for
Buildings.
c. BOCA - National Building Code; Building Officials and Code Administrators International, Inc.
Submittais
a. Submit under provisions of Section 1300.
b. Show complete layout; plan views, elevations, connections, details for fabrication and
attachment to other elements, and other installation details.
c. Include calculations and measurements signed and sealed by the engineer responsible for
structural design.
Quality Assurance
a. Structural performance of railing system: Engineer, fabricate, and install hand railing systems to
withstand all applicable structural loads as indicated meet or exceed applicable building codes.
b. Engineering Responsibility: Engineer hand railing and railing systems by the
fabricator/manufacturer unless sizes and configurations are specifically called out on
architectural or engineering spec drawings.
c. Aluminum railings meet federal safety requirements as determined by an independent test
laboratory. Test results available on request.
Delivery, Storage & Handling
a. Deliver product to project site in good condition and packaged properly for protection of normal
shipping conditions. Packaged railing systems should be inspected upon delivery for any
apparent damages caused by shipping before acceptance of product.
b. Store railing systems in a clean, dry location, away from uncured concrete and masonry and
other elements that may damage railing system.
c. Handling of product on project site should be kept to a minimum to avoid possible damage to
finishes and material.
Warranty
a. The entire railing system has a limited lifetime warranty. The finish on all products manufactured
by Alumina Railing Products, Inc. is unconditionally guaranteed for one year against cracking,
peeling, chipping or crazing.
b. Should the product be improperly installed Alumina Railing will not be responsible for guaranteed
performance or appearance of the material. This guarantee does not apply where failure or
damage is due to improper use or application, abuse, misuse, or acts of God.
PRODUCTS
Materials
a. All extrusions to be 6063-T5 or T6 alloy aluminum.
b. All fasteners to be aluminum or stainless steel.
Finishes
a. All aluminum railing to be baked on polyurethane powder coating of 1% to 2 mill coverage
recommended for use of exterior extrusions where resistance of weathering is required.
b. Anodized aluminum railing systems available per special order.
Fabrication
a. All aluminum railing systems to be fabricated and assembled to approved design specification
requirements, including post and picket spacing, but not less than the structural requirements to
support load and building codes.
b. Fasteners and welds to be concealed as much as design will allow.
c. Field splices to be minimized as much as possible and components clearly marked for site
assembly.
EXECUTION
Preparation
a. Review engineer, architectural, or shop drawings for installation instructions.
b. Adjust, level and securely install railing system as specified in instructions and drawings.
c. Separate aluminum that may contact other metals, masonry, or concrete by means of asphaltic
paint or other approved materials and methods.
Installation
a. Install rail following installation instructions and project drawings.
b. The railing system can be base mounted or side mounted to wood, concrete or other stable
surface using anchorage devices and fasteners where necessary into and through holes of post
or post boot. The railing system can be embedded or cored drilled using nonshrink nonmetallic
grout in pesthole leaving a 1/2 inch (13mm) below exposed surface. Fill remaining portion of core
hole with waterproof sealant tapered away from post.
Cleaning
a. After installation is complete, wash railing as needed with clean water and soap, rinse with
water. Do not use acidic solutions, harsh abrasives, cleaners containing abrasive ingredients or
use steel wool or other abrasive materials.
b. General contractor or owner shall be responsible for maintaining and protecting railing system
during balance of construction of project site.
Full compensation for furnishing and installing anodized aluminum tubular handrailing and lower
handrailing, resin capsule anchors, for furnishing threaded rods, base plates, and associated
hardware, for constructing the mortar pad, and for drilling holes and bonding threaded rods, shall be
considered as included in the contract price paid per linear foot for tubular handrailing, and no
separate payment will be allowed therefor.
10-1.25 CONCRETE BARRIER
Concrete barriers shall conform to the provisions in Section 83-2, "Barriers," of the Standard
Specifications and these special provisions.
Bar reinforcing steel for use in concrete barriers shall conform to the provisions in "Epoxy-Coated
Prefabricated Reinforcement," of these special provisions.
Tubular lower railing shown on the plans for concrete barrier (Type 80SW) shall conform to the
provisions for tubular handrailing in "Metal Bridge Railing" of these special provisions.
Forms for Type 80 concrete barrier railing shall remain in place for a minimum of 36 hours after the
concrete has been placed.
Full compensation for epoxy-coated bar reinforcement shall be considered as included in the
contract price paid per linear foot for concrete barrier of the type or types listed in the Engineer's
Estimate and no separate payment will be made therefor.
Concrete barrier (Type 732) and concrete barrier (Type 80SW) (Modified) will be measured and paid
for as concrete barrier (Type 25).
Full compensation for colored concrete for the concrete barrier types shown on the plans, shall be
considered as included in the contract price paid per linear foot for Concrete Barrier Type 80SW
(Mod), and Concrete Barrier Type 732. and no separate payment will be made therefor.
10-1.26 PAINT TRAFFIC STRIPE AND PAVEMENT MARKING
Painted traffic stripes (traffic lines) and pavement markings shall be applied in conformance with the
provisions in Section 84, "Traffic Stripes and Pavement Markings," of the Standard Specifications
and these special provisions.
Traffic stripe and pavement marking paint shall conform to the requirements in State Specification
No. PTWB-01.
The color of the painted traffic stripes and pavement markings shall conform to the requirements in
ASTM Designation: D 6628-01.
Retroreflectivity of the paint traffic stripes and pavement markings shall conform to the requirements
in ASTM Designation: D 6359-99. White painted traffic stripes and pavement markings shall have a
minimum initial retroreflectivity of 250 mcd m"2 Ix"1. Yellow painted traffic stripes and pavement
markings shall have a minimum initial retroreflectivity of 150 mcd m"2 Ix"1.
At the option of the Contractor, permanent traffic striping and pavement marking tape conforming to
the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special
provisions may be placed instead of painted traffic stripes and pavement markings. Permanent
tape, if used, shall be placed in conformance with the manufacturer's specifications.
Paint traffic stripe and pavement marking shall be paid for on a lump sum basis.
The contract lump sum price paid for paint traffic stripe and pavement marking shall include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all
the work involved in painting traffic stripe and pavement marking, as well as removing existing stripe
and pavement marking to the limits shown and as specified under Construction Note No. 14 of the
Roadway Plan and Profile sheet.
APPENDIX "C"
PROJECT PERMITS, APPROVALS, AND
CONDITIONS OF CONSTRUCTION
ENCINAS CREEK BRIDGE
PROJECT NO. 3919
1. CALIFORNIA DEPARTMENT OF FISH AND GAME
Notification of Lake or Streambed Alteration, No. 1600-2009-0168-R5, dated
September 21, 2009
2. CALIFORNIA COASTAL COMMISSION
Staff Report and Preliminary Recommendations, Application No. 6-09-051,
dated October 14, 2009
3. UNITED STATES ARMY CORPS OF ENGINEERS
USACOE Nationwide Permit, dated September 11, 2009, File No. SPL-2009-
00482-LLC, dated June 18, 2009
4. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
Right of Entry Permit dated April 30, 2009
5. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
Clean Water Act Section 401 Water Quality Certification dated September
17,2009
6. CITY OF CARLSBAD
Local Agency project approvals and conditions, Carlsbad Planning
Commission Resolution Nos. 6624, 6625, 6626, and 6627 approved August
19, 2009
California Natural Resources Agency
DEPARTMENT OF FISH AND CAME
http: / ywww.dfg.ca.gov
South Coast Region
4949 Viewridge Avenue
San Diego, California 92123
September 21, 2009
Mr. John Cahill
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Notification of Lake or Streambed Alteration
Notification No. 1600-2009-0168-R5
ARNOLD SCHWARZENEGGER. Governor
Dear Mr. Cahil):
The Department of Fish and Game (Department) had until September 19, 2009, to submit a
draft Lake or Streambed Alteration Agreement to you or inform you that an agreement is not
required. Due to staffing constraints, the Department was unable to meet that date. As a result,
by law, you may now complete the project described in your notification without an agreement.
In doing so, however, the project must be the same one and conducted in the same manner as
described in the notification. That includes completing the project within the proposed term and
seasonal work period and implementing all mitigation and avoidance measures to protect fish
and wildlife resources specified in the notification. (Fish and Game Code section
1602(a)(4)(D).)
If your project differs from the one described in the notification, you may be in violation of Fish
and Game Code section 1602. Also, even though you are entitled to complete the project
without an agreement, you are still responsible for complying with all other applicable local,
state, and federal laws, including, for example, the state and federal Endangered Species Acts
and Fish and Game Code sections 5650 (water pollution) and 5901 (fish passage).
Finally, you must have a copy of this letter and your notification with all attachments available at
all times at the work site If you have any questions regarding this matter, please contact me at
(858) 636-3160.
Sincerely,
' '
Marilyn Fluharty
Senior Environmental Scientist
Conserving California's ^WittCife Since 1870
>i\STATE OF CALIFORNIA — THE NATUPAL RESOURCES AGENCY Af.HOLD SCHWARZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SDITE 103
SMI CIEGO, CA 92108-4421
(619) '61-2210.
Th30c
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
August 27,2009
October 15,2009
February 23, 2010
TR-SD
October 14,2009
Hearing Date: November 4-6,2009
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-09-051
Applicant: City of Carlsbad Agent: Michelle Ferguson
Description: Reconfiguration and augmentation of an existing rock revetment and
replacement of wing walls as a component of the larger project replacing
Encinas Creek Bridge.
Site:West side of southbound Carlsbad Boulevard at Encinas Creek, Carlsbad,
San Diego County
Substantive File Documents: Hydraulic Evaluation by Nolte Associates, Inc., dated
February, 2009; City of Carlsbad's certified Local Coastal Program; City
of Carlsbad CDP #08-09
Standard of Review: Chapter 3 Policies of the Coastal Act
Summary of Staffs Preliminary Recommendation:
Staff is recommending approval of the Coastal Development Permit with several special
conditions. While the project as proposed by the City does not result in any immediate
concerns regarding impacts to coastal resources, the project does not provide assurances
that the rock revetment will not result in any future impacts to public access or marine
resources. Staff is suggesting seven special conditions that serve to address these
concerns.
I. PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
MOTION: / move that the Commission approve Coastal
Development Permit No. 6-09-051 pursuant to the staff
recommendation.
6-09-051
Page 2
STAFF RECOMMENDATION OF APPROVAL:
Staff recommends a YES vote. Passage of this motion will result in approval of the
permit as conditioned and adoption of the following resolution and findings. The motion
passes only by affirmative vote of a majority of the Commissioners present.
RESOLUTION TO APPROVE THE PERMIT:
The Commission hereby approves a coastal development permit for the proposed
development and adopts the findings set forth below on grounds that the development as
conditioned will be in conformity with the policies of Chapter 3 of the Coastal Act.
Approval of the permit complies with the California Environmental Quality Act because
either 1) feasible mitigation measures and/or alternatives have been incorporated to
substantially lessen any significant adverse effects of the development on the
environment, or 2) there are no further feasible mitigation measures or alternatives that
would substantially lessen any significant adverse impacts of the development on the
environment.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Disposal of Export Material/Construction Debris. PRIOR TO THE ISSUANCE
OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall identify the
location for the disposal of export material and construction debris. If the site is located
within the coastal zone, a separate coastal development permit or permit amendment shall
first be obtained from the California Coastal Commission or its successors in interest.
2. Long-Term Monitoring Program. PRIOR TO THE ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and
written approval of the Executive Director, a long-term monitoring plan for the existing
shoreline protection. The purpose of the plan is to monitor and identify damage or
changes to the revetment such that repair and maintenance is completed in a timely
manner to avoid further encroachment of the revetment on the beach. The monitoring
plan shall incorporate, but not be limited to the following:
a. An evaluation of the current condition and performance of the revetment,
addressing any migration or movement of rock which may have occurred on the
site and any significant weathering or damage to the revetment that may adversely
impact its future performance.
6-09-051
Page 3
b. Measurements taken from the benchmarks established in the survey as required in
Special Condition #5 of CDP #6-09-051 to determine settling or seaward
movement of the revetment. Changes in the beach profile fronting the site shall
be noted and the potential impact of these changes on the effectiveness of the
revetment evaluated.
c. Recommendations on any necessary maintenance needs, changes or
modifications to the revetment to assure its continued function and to assure no
encroachment beyond the permitted toe.
d. An agreement that the permittee shall apply for a coastal development permit
within 90 days of submission of the report for any necessary maintenance, repair,
changes or modifications to the project recommended by the report that require a
coastal development permit and implement the repairs, changes, etc. approved in
any such permit.
The above-cited monitoring information shall be summarized in a report prepared by a
licensed engineer familiar with shoreline processes and submitted to the Executive
Director for review and written approval. The report shall be submitted to the Executive
Director and the City of Carlsbad Engineering Department yearly after each winter storm
season but prior to the 1st of May, starting with May 1, 2010. Monitoring shall continue
throughout the life of the revetment or until the revetment is removed or replaced under a
separate coastal development permit.
The applicant shall undertake development in accordance with the approved monitoring
program. Any proposed changes to the approved program shall be reported to the
Executive Director. No changes to th& program shall occur without a Coastal
Commission approved amendment to this coastal development permit unless the
Executive Director determines that no amendment is legally required.
3. Future Maintenance. The applicant shall maintain the existing revetment in its
approved state. Any change in the design of the revetment or future
additions/reinforcement of the revetment beyond exempt maintenance as defined in
Section 13252 of Title 14 of the California Code of Regulations to restore the structure to
its original condition will require a coastal development permit. However, in all cases, if
after inspection, it is apparent that repair and maintenance is necessary, the
applicant shall contact the Executive Director to determine whether a coastal
development permit or an amendment to this permit is legally required, and, if
required, shall subsequently apply for a coastal development permit or permit
amendment for the required maintenance.
4. No Future Seaward Extension of Shoreline Protective Devices. By acceptance of
this Permit, the applicant agrees, on behalf of itself and all successors and assigns, that no
future repair or maintenance, enhancement, reinforcement, or any other activity affecting
the existing shoreline protective device, shall be undertaken if such activity extends the
footprint seaward of the existing device. By acceptance of this Permit, the applicant
6-09-051
Page 4
waives, on behalf of itself and all successors and assigns, any rights to such activity that
may exist under Public Resources Code Section 30235.
5. As Built Plans. Within'60 days of completion of the project, the applicant shall
submit as-built plans for the approved revetment and associated structures and submit
certification by a registered civil engineer, acceptable to the Executive Director, verifying
the revetment and associated structures have been constructed in conformance with the
approved plans for the project (drafted by the City of Carlsbad and received on October
8, 2009). The plans shall identify permanent benchmarks from fixed reference point(s)
from which the elevation and seaward limit of the revetment can be referenced for
measurements in the future.
6. Project Modifications. Only that work specifically described in this permit is
authorized. Any additional work requires separate authorization from the Commission or
Executive Director, if appropriate. If, during construction, site conditions warrant
changes to the project, the San Diego District office of the Coastal Commission shall
be contacted immediately and before any changes are made to the project in the
field. No changes to the project shall occur without an amendment to this coastal
development permit unless the Executive Director determines that no amendment is
legally required.
7. Assumption of Risk. Waiver of Liability and Indemnity Agreement
A. By acceptance of this permit, the applicant acknowledges and agrees (i) that
the site may be subject to hazards from storm waves, flooding, and erosion;
(ii) to assume the risks to the applicant and the property that is the subject of
this permit of injury and damage from such hazards in connection with this
permitted development; (iii) to unconditionally waive any claim of damage or
liability against the Commission, its officers, agents, and employees for injury
or damage from such hazards; and (iv) to indemnify and hold harmless the
Commission, its officers, agents, and employees with respect to the
Commission's approval of the project against any and all liability, claims,
demands, damages, costs (including costs and fees incurred in defense of such
claims), expenses, and amounts paid in settlement arising from any injury or
damage due to such hazards.
B. PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS
THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director: (1) indicating that, pursuant to this
permit, the California Coastal Commission has authorized development on the
subject property, subject to terms and conditions that restrict the use and
enjoyment of that property (hereinafter referred to as the "Standard and
Special Conditions"); and (2) imposing all Standard and Special Conditions of
this permit as covenants, conditions and restrictions on the use and enjoyment
of the Property. The restriction shall include a legal description of the
6-09-051
PageS
applicant's entire parcel or parcels. It shall also indicate that, in the event of
an extinguishment or termination of the deed restriction for any reason, the
Standard and Special Conditions of this permit shall continue to restrict the
use and enjoyment of the subject property so long as either this permit or the
development it authorizes - or any part, modification, or amendment thereof -
remains in existence on or with respect to the subject property.
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT
PERMIT, the applicant shall submit a written agreement, in a form and
content acceptable to the Executive Director, incorporating all of the above
terms of this condition.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description/History.
The project in its entirety is the replacement of a bridge over Encinas Creek. The bridge
provides contiguous access for southbound Carlsbad Boulevard, a major coastal access
route in the City of Carlsbad. The replacement of the bridge includes development in
both the City of Carlsbad's and the Coastal Commission's jurisdictions. Through mutual
cooperation, the City and Commission staff determined where the line between the two
jurisdictions is located. Based on the information available at this time, it was
determined that the bridge replacement is located within the City's LCP permit
jurisdiction and the wing walls and rock revetment located west of the bridge are located
within the Commission's area of original jurisdiction. The Commission retains
jurisdiction for this portion of the project because portions of the revetment and wing
walls are located west of the Mean High Tide Line (MHTL). As such, the Commission is
reviewing the above stated portions of the project for consistency with Chapter 3 of the
Coastal Act. However, because the bridge, wing walls, and revetment are innately
connected, the project description includes all components of the project for clarity.
The project was initiated when Caltrans identified the need to remove and replace the
Encinas Creek Bridge due to severe deterioration. Exposed reinforcing bars have become
heavily corroded. For several years now Caltrans has classified the bridge as structurally
deficient and in need of replacement. Due to severe deterioration of the structure on the
west side, traffic has been shifted to the east side of the bridge where the girders are in
much better condition. Additionally, due to the extent of the degradation, replacement is
necessary as soon as possible.
The existing bridge, which according to the City was constructed in 1913, is a culvert-
style concrete bridge approximately 69 feet wide. It would be replaced by a narrower
bridge, made of a prefabricated concrete arch bridge structure approximately 45 feet in
width, thereby reducing the overall width of the bridge by approximately 26 feet. This
reduction in width is possible because the current bridge structure is oversized for the
6-09-051
Page 6
provision of only the southbound traffic lanes it accommodates. The new bridge will be
approximately 2 feet taller than the existing bridge, in order to accommodate 100-year
storm flows. The new bridge will have pedestrian sidewalks with railings. The City is
proposing the use of colored concrete for the bridge structure, consistent with the
Carlsbad Seawall located along the coast of Carlsbad. The construction is expected to
take up to 4 months. As proposed, no work will occur between Memorial Day weekend
and Labor Day weekend. The existing bridge and roadway are currently protected by a
pre-Coastal Act riprap revetment. Currently the revetment is in need of maintenance and
augmentation.
Southbound Carlsbad Boulevard will be closed to through traffic during replacement of
the bridge, wing walls, and revetment. A Detour Plan will be implemented and will
reroute all southbound traffic of Carlsbad Boulevard at Palomar Airport Road to Avenida
Encinas, Poinsettia Lane, and then back to Carlsbad Boulevard. South of Palomar
Airport Road, access will be limited to local residential access of Solamar Drive.
There will be a temporary loss of 34 public parking spaces as a result of the road closure.
The City of Carlsbad will mitigate for this loss by installing temporary recreational
parking signs at a dirt lot at the intersection of Carlsbad Boulevard and Palomar Airport
Road. This lot currently operates as an undesignated parking area for recreational beach
users and can accommodate the additional temporary parking, given that the construction
will be completed during the off-peak season.
The City approved the portion of the project within its permit jurisdiction on August 19,
2009. The portion in the City's jurisdiction was appealable to the Coastal Commission;
however, no appeals were filed.
2. Project Description for Portion in the Coastal Commission's Jurisdiction
The portion of the project to be approved through this Coastal Development Permit
application includes only the wing walls of the bridge and the rock revetment located
west of Carlsbad Boulevard, both north and south of the bridge.
As proposed, the riprap requires reconfiguration to adequately protect Carlsbad
Boulevard and the bridge from wave action. The existing riprap would be reconfigured
and supplemented with an additional approximately 650 cubic yards of 4-ton rock, 650
cubic yards of 2-ton rock, and 700 cubic yards of one-quarter-ton rock. The riprap will
be added for approximately 118 feet to the north of the bridge and approximately 149 feet
south of the bridge in order to provide protection for the currently eroding roadway
embankment. As required the by certification of the Environmental Impact Report (EIR),
and thus, as proposed by the City, the new riprap will not extend beyond the limits of the
existing riprap and is proposed at 1.5:1 slope to further limit encroachment onto the
beach. Further, the City is proposing the wing walls to be placed parallel to the roadway,
further decreasing potential impacts to public access.
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During construction, sheet piling will be used on both sides of the bridge in order to
control wave action and specify construction zones. In addition, safety fencing will be
used to help protect the public while the bridge is being constructed. Temporary fencings
will also be placed to delineate construction limits, and no equipment will be stored on
the beach overnight.
3. Shoreline Protective Devices. The City is proposing to augment an existing pre-
Coastal rock revetment. The Coastal Act has two applicable policies addressing this
issue which state, in part:
Section 30253
New development shall:
(1) Minimize risks to life and property in areas of high geologic, flood, and fire
hazard.
(2) Assure stability and structural integrity, and neither create nor contribute
significantly to erosion, geologic instability, or destruction of the site or surrounding
area or in any way require the construction of protective devices that would
substantially alter natural landforms along bluffs and cliffs.
Section 30235
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and
other such construction that alters natural shoreline processes shall be permitted when
required to serve coastal-dependent uses or to protect existing structures or public
beaches in danger of erosion, and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply. Existing marine structures causing water
stagnation contributing to pollution problems or fish kills should be phased out or
upgraded where feasible.
The City of Carlsbad also has policies within its certified LCP pertaining to shoreline
protective devices, which are detailed below (used as guidance only):
Section 21.204.110 4b of the Coastal Shoreline Development Overlay zone states:
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and
other such construction that alters natural shoreline processes shall be permitted when
required to serve coastal-dependent uses or to protect existing structures or public
beaches in danger from erosion, and when designed to eliminate or mitigate adverse
impacts on local shoreline sand supply Provisions for the maintenance of any
permitted seawall shall be included as a condition of project approval Seawalls
shall be constructed essentially parallel to the base of the bluff and shall not obstruct or
interfere with the passage of people along the beach at any time.
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In addition, The Mello IILUP contains policies that address coastal erosion. Policy 4-1
provides:
(a) Development along the Shoreline
For all new development along the shoreline, including additions to existing
development, a site specific geologic investigation and analysis similar to that
required by the Coastal Commission's Geologic Stability and Bluff Top Guidelines
shall be required; for permitted development, this report must demonstrate bluff
stability for 75 years, or the expected lifetime of the structure, whichever is greater.
Additionally, permitted development shall incorporate, where feasible, subdrainage
systems to remove groundwater from the bluffs, and shall use drought-resistant
vegetation in landscaping, as well as adhering to the standards of erosion control
contained in the Carlsbad Master Drainage Plan. A waiver of public liability shall be
required for any permitted development for which an assurance of structural stability
cannot be provided.
Again, to clarify, the project in its entirety consists of the replacement of an existing and
deteriorated bridge providing southbound access for Carlsbad Boulevard crossing
Encinas Creek and includes the replacement of the existing wing walls and revetment,
both of which serve to protect the bridge and Carlsbad Boulevard. The proposed wing
walls and revetment are located below the Mean High Tide Line and are thus within the
Commission's retained jurisdiction. The remainder of the project, the bridge replacement
itself, is within the City of Carlsbad's permit jurisdiction (and has been approved pursuant
to Carlsbad CDP #09-08) and thus is only included in this review as background
information.
The portion within the Commission's jurisdiction includes the reconfiguration of an
existing pre-Coastal rock revetment. The revetment is necessary to protect Carlsbad
Boulevard from erosion and overtopping by waves during storm events. The proposed
reconfiguration includes augmenting the existing rock as well as supplementing
approximately 650 cubic yards of 4-ton rock, 650 cubic yards of 2-ton rock, and 700
cubic yards of one-quarter-ton rock. The riprap will be added for approximately 118 feet
to the north of the bridge and approximately 149 feet south of the bridge in order to
stabilize the currently eroding roadway embankment. As required by the certified
Environmental Impact Report (EIR), and thus, as proposed by the City, the new riprap
will not extend beyond the limits of the existing riprap.
The current revetment includes rocks that have become dislodged from the revetment,
and are now located on the remaining sandy beach and are thus encroaching upon the
public beach. The revetment also includes various types of debris deposited over time to
supplement the revetment. Most of this debris is made up of materials such as concrete
and rebar, neither of which are considered to be desirable materials for a rock revetment.
As such, the City is proposing to remove the rocks that have fallen and are taking up
useable beach area and to remove all foreign debris from the existing revetment.
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The Commission's engineering staff have reviewed the proposed project and concur that
the revetment is necessary, is the minimum required, and has been designed appropriately
to address both scour depth and sea level rise and thus, as proposed, will adequately
protect Carlsbad Boulevard.
However, the City failed to address impacts associated with any future maintenance,
improvements, or seaward expansion of the revetment. The reconfiguration of the
revetment with serve to prolong the life of the revetment and as such all potential future
impacts shall be included in the Commission's review. Future impacts may include the
dislodging and/or scattering of revetment rock onto the public beach, resulting in
potential impacts to public safety and public access. As such, Special Condition #5
requires the City to submit as built plans within 60 days of construction completion to
identify the location of the benchmarks from fixed reference point(s) from which the
elevation and seaward limit of the revetment can be calculated. Special Condition #2
requires the City to submit annual monitoring reports to the Commission to determine
settling or seaward movement of the revetment to ensure the revetment continues to be
configured to minimize impacts to public access. Special Condition #3 requires the
applicant to contact the Executive Director if repair or maintenance is necessary to
determine whether a coastal development permit is required, and Special Condition #4
requires the applicant to waive any rights to future seaward extension of the revetment.
Lastly, due to the inherent risk of shoreline development, Special Condition #7 requires
the City waive liability and indemnify the Commission against damages that might result
from the proposed shoreline devices or their construction. This special condition further
requires the City to execute and record a deed restriction on the revetment prior to any
conveyance of the property. The risks of the proposed development include that the
proposed shoreline devices will not protect against damage to the street from waves,
storm waves, flooding, and erosion. Although the Commission has sought to minimize
these risks, the risks cannot be eliminated entirely. Given that the applicants have chosen
to construct the proposed development despite these risks, the applicant and any future
property owner must assume the risks. All of these special conditions will ensure that the
revetment remains in a configuration that can be considered the least impactive to coastal
resources, consistent with the above cited Chapter 3 policies of the Coastal Act.
4. Public Access. As stated above, the proposed project may result in impacts to
public access. As such, the following Coastal Act policies are applicable and state, in
part:
Section 30210
In carrying out the requirement of Section 4 of Article X of the California
Constitution, maximum access, which shall be conspicuously posted, and recreational
opportunities shall be provided for all the people consistent with public safety needs
and the need to protect public rights, rights of private property owners, and natural
resource areas from overuse.
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Section 30211
Development shall not interfere with the public's right of access to the sea where
acquired through use or legislative authorization, including, but not limited to, the
use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
Section 30212
(a) Public access from the nearest public roadway to the shoreline and along the
coast shall be provided in new development projects except where:
(1) it is inconsistent with public safety, military security needs, or the protection
of fragile coastal resources,
(2) adequate access exists nearby, or,
Section 30212.5
Wherever appropriate and feasible, public facilities, including parking areas or
facilities, shall be distributed throughout an area so as to mitigate against the
impacts, social and otherwise, of overcrowding or overuse by the public of any
single area.
Section 30214
(a) The public access policies of this article shall be implemented in a manner that
takes into account the need to regulate the time, place, and manner of public access
depending on the facts and circumstances in each case including, but not limited to,
the following:
(1) Topographic and geologic site character
ristics.
(2) The capacity of the site to sustain use and at what level of intensity.
(3) The appropriateness of limiting public access to the right to pass and repass
depending on such factors as the fragility of the natural resources in the area and
the proximity of the access area to adjacent residential uses.
(4) The need to provide for the management of access areas so as to protect the
privacy of adjacent property owners and to protect the aesthetic values of the area
by providing for the collection of litter.
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Section 30252
The location and amount of new development should maintain and enhance
public access to the coast by (1) facilitating the provision or extension of transit
service, (2) providing commercial facilities within or adjoining residential
development or in other areas that will minimize the use of coastal access roads, (3)
providing nonautomobile circulation within the development, (4) providing adequate
parking facilities or providing substitute means of serving the development with
public transportation,....
The replacement of Encinas Creek Bridge is intended to provide safe transportation along
Carlsbad Boulevard over Encinas Creek. The current bridge is almost 100 years old and
is classified by Caltrans as structurally deficient. Due to the severe deterioration of the
structure, traffic was previously shifted to the east side of the bridge where the girders are
in better condition. Therefore, the replacement of the bridge is necessary to protect
public safety, and thus completion of the project in its entirety will result in an
improvement to public access. Further, the completed bridge will include bike lanes to
facilitate beach access to bicycle-riders. Also, the new bridge will be designed to
accommodate 100-year flood flows, and decrease the number of closures of Carlsbad
Boulevard do to wave and stormwater overtopping the roadway. All of these can be
considered improvements to public access and therefore consistent with the Coastal Act.
However, some potential for impacts to public access are also associated with the
proposed development. Again, the portion of the project specifically within the
Commission's jurisdiction includes the construction of the wing walls, and the
reconfiguration of the existing revetment. The wing walls border and provide support for
a bridge that spans the outlet for Encinas Creek. The revetment is located between
Carlsbad Boulevard and California State Beach lands, for a distance of approximately
270 feet. Carlsbad State Beach Campground is located directly to the north of the site,
and a public beach parking lot housing 34 parking spaces is located directly to the south.
As such, this project location and its surrounding areas can be considered to provide
high-priority public access to the coast.
The project, as proposed, will require the closure of the existing beach parking lot for the
entire four month construction period and includes improvements to a revetment
currently occupying the sandy beach. Both of these may result in potentially significant
impacts to public access. However, the City has included a number of measures to
address these potential impacts. For example, the City proposes to limit all of the work to
a four month window between late January 2010 and Memorial Day. All work has been
prohibited between Memorial and Labor Day, or what is considered to be the peak beach
season. Further, while the City did not propose additional parking to mitigate for the loss
of 34 parking spaces, it did include additional signage directing the public to a dirt lot
located nearby. Further, Special Condition #6 requires that the construction be carried
out as described, thus if the City wants to lift the peak-season ban, or remove the signage
6-09-051
Page 12
for the nearby unimproved parking lot, such modifications would require further review
by the Commission. It is important to note that the closure of the parking lot is necessary
for public safety and thus is considered an unavoidable, yet temporary impact. Thus, the
combination of limiting all work to the non-peak summer months of the year and the
increased signage at an existing public lot, provide adequate mitigation for the public
access impacts that will be caused by this project, and it can therefore be found consistent
with the applicable policies of the Coastal Act.
The existing revetment was originally constructed prior to the Coastal Act, and is
necessary to protect Carlsbad Boulevard. However, the revetment is located on sandy
beach, and the renovation of the revetment will extend the lifespan of the revetment, thus
potential impacts to public access need to be reviewed.
As proposed by the City, the revetment will maintain the existing footprint, and will not
encroach any further west. As such, the proposed revetment will not result in any
additional impacts to public access. Furthermore, the City has indicated that currently a
number of revetment rocks have been dislodged and are now encroaching on the sandy
beach beyond the proposed revetment limits. To address this concern, the City proposes
to remove/reuse any of the rock located west of the revetment. In addition, the City has
designed the revetment with a 1.5:1 slope to further limit beach encroachment.
However, the City failed to address impacts associated with any future maintenance,
improvements, or seaward expansion of the revetment. As previously stated, future
impacts may include the dislodging and/or scattering of revetment rock onto the public
beach, and, as such, Special Condition #5 requires the City to submit as built plans within
60 days of construction completion to document that the revetment has been constructed
consistent with approved plans and to identify the location of the benchmarks from fixed
reference point(s) from which the elevation and seaward limit of the revetment can be
documented. Special Condition #2 requires the City to submit annual monitoring reports
to the Commission to determine settling or seaward movement of the revetment to ensure
the revetment continues to be configured to minimize impacts to public access. Special
Condition # 3 requires the applicant to contact the Executive Director if repair or
maintenance is necessary to determine whether a coastal development permit is required,
and Special Condition #4 requires the applicant to waive any rights to future seaward
extension of the revetment. All of these special conditions will ensure that the revetment
remains in a configuration that can be considered the least impactive to public access,
consistent with the above-cited Chapter 3 policies of the Coastal Act.
5. Water Quality and Marine Resources. The Coastal Act has several policies
protection the quality of coastal waters and marine resource and state:
Section 30230
Marine resources shall be maintained, enhanced, and where feasible, restored.
Special protection shall be given to areas and species of special biological or
economic significance. Uses of the marine environment shall be carried out in a
6-09-051
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manner that will sustain the biological productivity of coastal waters and that will
maintain healthy populations of all species of marine organisms adequate for long-
term commercial, recreational, scientific, and educational purposes.
Section 30231
The biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes appropriate to maintain optimum populations of marine
organisms and for the protection of human health shall be maintained, and where
feasible, restored, through, among other means, minimizing adverse effects of waste
water discharges and entrainment, controlling runoff, preventing depletion of ground
water supplies and substantial interference with surface water flow, encouraging
waste water reclamation, maintaining natural vegetation buffer areas that protect
riparian habitats, and minimizing alteration of natural streams.
Section 30232
Protection against the spillage of crude oil, gas, petroleum products, or hazardous
substances shall be provided in relation to any development or transportation of such
materials. Effective containment and clean up facilities and procedures shall be
provided for accidental spills that do occur.
The City of Carlsbad also has policies pertaining to water quality and marine resources
that can be used as guidance and state:
Mello II Policy 3-1.2 Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the Coastal Act, environmentally sensitive habitat areas,
as defined in Section 30107.5 of the Coastal Act, shall be protected against any
significant disruption of habitat values, and only uses dependent on those resources
shall be allowed within those areas.
Mello II Policy 3-4 Grading and Landscaping Requirements
f) Development projects should be designed to comply with the following site
design principles:
1 . Protect slopes and channels to decrease potential for slopes and/or channels
from eroding and impacting storm water runoff.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encourages.
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4. Provide development free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways, and bridges.
10. Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
The portion of the project within the Commission's jurisdiction includes only the wing
walls for the bridge and the rock revetment located west of Carlsbad Boulevard and
immediately north and south of Encinas Creek. The proposed project is directly adjacent
to the Pacific Ocean and spans Encinas Creek. Potential impacts to marine resources
exist due to the use of concrete, the removal of debris from the existing revetment, and
excavating into ground water that is below the Mean High Tide Line.
It is anticipated that groundwater will be encountered at a depth of nine feet below the
existing ground surface. Ground water is expected to be encountered during excavation,
especially during high tides or after periods of precipitation. It is likely that groundwater
dewatering practices will be required during construction. The following series of Best
Management Practices (BMPs) are proposed to address these concerns:
• Spoils, trash, or any debris remaining at the site after completion shall be removed
and disposed of at an approved disposal facility
• No equipment refueling shall be located at the construction site outside of the
designated areas. Fueling of construction equipment shall take place on existing
paved roads and not within or adjacent to any drainages, wetlands, or native
habitats.
. "Fueling Zones" shall be designated on construction maps and qualified biologists
shall flag the limits of "fueling zones." These fueling zones shall be located at
least 50 feet from all drainage features and wetlands
• All stockpiled soil should be stored in 55-gallon drums within the roadway (non-
wetland areas).
• Stockpiles shall not remain on-site for more than one week
The City is also requiring a complete Storm Water Pollution Prevention Plan (SWPPP)
for additional site specific concerns. Again, Special Condition #6 requires that the work
either be carried-out precisely as proposed, or requires the City to come forward with the
proposed changes for review and approval by the Commission or Executive Director, if
appropriate. As such, the City is required to carry out all mitigation measures in the
approved manner, thereby eliminating any significant water quality and marine resource
impacts associated with the construction phase of the project.
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A further concern regarding potential impacts to water quality and marine resources is
associated with the removal of debris that has been previously deposited on top of the
existing revetment. Large pieces of concrete and other materials have been added to the
revetment overtime. The removal of this debris has been included in the project
description. As such, assurances need to be made that the removed debris will be
disposed of properly. Special Condition #1 requires the City to identify the disposal site
for all debris to be removed and if located within the Coastal Zone, evidence of a valid
coastal development permit for the disposal is required.
During construction, Encinas Creek will be temporarily dammed via sheet pilings to
divert water around the bridge and then pumped onto the beach. As such, there is a
potential for impacts to water quality and marine resources is the temporary dam fails
while there are potential pollutants in the construction area. The City has included that
the dam and pump system be monitored during any and all storm events to ensure that
water damming does not reach volumes that could cause the sheet piling to fail. Again,
Special Condition #6 requires the applicant to contact the Coastal Commission should
any project modifications become necessary. As such, the project as conditioned can be
found consistent with the applicable policies of the Coastal Act.
Lastly, the design of the bridge, while not a component of this permit review, will result
in potential benefits to water quality and marine resources. The current bridge is wider
than necessary, and the replacement bridge will be approximately 26 feet less in width,
the result being some land returned back to an undeveloped state and revegetated with
native plants. Further, the replacement bridge will be two feet taller in elevation to
accommodate 100-year flood flows. Currently the bridge does not sit high enough above
the channel to accommodate such flows, which, in combination with the vegetation
naturally existing within the creek, leads to storm-water flows being impeded during
storm events, thereby causing stagnant water to swell east of the bridge. Stagnant water
can lead to significant impacts to water quality and marine resources, such as algal
blooms and fish kills. By designing the replacement bridge to accommodate such flows,
the proposed project will result in improvements to water quality and marine resources
during storm events and is consistent with the Coastal Act.
6. Local Coastal Planning. The portion of the Encinas Creek Bridge replacement
project addressed by this permit review is located in an area of the Coastal Commission's
retained permit jurisdiction, and, as such the Chapter 3 policies of the Coastal Act are the
standard of review. However, all applicable policies contained within the Mello II
Segment of the City's Local Coastal Program have been included as guidance through
this permit review process. Therefore, the Commission finds that approval of the
proposed development, as conditioned, will not prejudice the ability of the City to
continue implementation of its certified LCP.
7. Consistency with the California Environmental Quality Act (CEOAX
Section 13096 of the Commission's Code of Regulations requires Commission approval
of Coastal Development Permits to be supported by a finding showing the permit, as
conditioned, to be consistent with any applicable requirements of the California
6-09-051
Page 16
Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a
proposed development from being approved if there are feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
effect which the activity may have on the environment.
The proposed project has been conditioned in order to be found consistent with the
Chapter 3 policies of the Coastal Act. Mitigation measures, including conditions
addressing the future maintenance and/or reconfiguration of the revetment will minimize
all adverse impacts. As conditioned, there are no feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
impact which the activity may have on the environment. Therefore, the Commission
finds that the proposed project is the least environmentally-damaging feasible alternative
and is consistent with the requirements of the Coastal Act to conform to CEQA.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or authorized
agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
4. Assignment. The permit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit accepting all terms and conditions of the
permit.
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
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DEPARTMENT OF THE ARMY
SAN DIEGO FIELD OFFICE
6010 Hidden Valley Road, Suite 105
Carlsbad, CA 92011
September 11,2009
ATTENTION OR .
Office of the Chief
Regulatory Division
j
JohnCahill
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008
Dear Mr. CaHU:
We have received your letter requesting concurrence of use of Nationwide permit
(NWP) 14 for linear transportation projects (File No. SPL-2009-00482-LLC) dated June
18, 2009, to discharge fill onto waters of the U.S., in association with the Encinas Creek
Bridge Replacement Project. The proposed work would take place along the
Southbound Carlsbad Boulevard in the City of Carlsbad, San Diego County, California.
Specifically, you have requested authorization to:
1. Temporarily impact up to 0.004 acre of coastal and valley freshwater marsh and
0.064 acre of non- wetland waters of the United States (U.S.).
2. Replace an existing oversized concrete bridge (24 feet long by 68 feet wide) with
a prefabricated arch concrete bridge (38 feet 4 inches long by 26 feet 2 inches
wide). Therefore, reducing the overall footprint of the bridge in Encinas Creek
and adjacent wetlands.
3. Increase culvert width by 12 feet.
While this activity meets the general terms and conditions for authorization under
Nationwide Permit Number 14 (Linear Transportation Projects) and does not require a formal
pre-construction notification, we note that you do not have a Section 401 State water
quality certification from the California Regional Water Quality Control Board (RWQCB),
nor do you have Coastal Zone Management (CZM) consistency certification from the
California Coastal Commission. Therefore, your request is denied without prejudice. You
will receive authorization from the Corps when you have met the requirements outlined
below.
-2-
According to 33 CFR 330.4 a water quality certification pursuant to Section 401 of the
Clean Water Act, or waiver thereof, and consistency certification or waiver pursuant to
Section 307 of the Coastal Zone Management Act (CZM) are required prior to authorization
of your project. You must therefore obtain a Section 401 certification or waiver, or provide
the Corps with evidence that 60 days have passed since you applied to the RWQCB for
certification. In addition, you must obtain CZM consistency certification or waiver, or
provide evidence that 6 months have passed since you applied to the California Coastal
Commission for the certification. Be aware that any conditions on your Section 401 and
CZM certifications will become conditions on your Nationwide Permit authorization.
When you receive both your Section 401 certification or waiver (or when 60 days
have passed since you applied) and your CZM consistency certification or waiver (or when
6 months have passed since you applied), you should contact the Corps Project Manager
for this project, Lanika Cervantes at 760.602.4829 or via e-mail at
Laruka.L.Cervantes@usace.army.mil. Please reference application SPL-2009-00482-LLC in
your letter. Your authorization could then be issued without further delay or processing.
Furthermore, you must comply with the following non-discretionary Special
Conditions:
Special Conditions:
1. Temporary impacts of 0.004 acre of wetland will be mitigated through
revegetation of native plant species to pre-construction conditions, as well as, the
revegetation of newly bare areas that have been exposed due to the reduction of the
bridge. These areas shall be weeded quarterly for a minimum of 24 months after
revegetation has taken place to prevent invasive plant species from dominating the site.
2. Endangered Species Act and Migratory Bird Treaty Act:
This Corps permit does not authorize the take of any federally listed species as
threatened or endangered species, or adversely modify their designated critical habitat. In
order to legally take a listed species, you must have separate authorization under the
Endangered Species Act (ESA) (e.g. ESA Section 10 permit, or a Biological Opinion (BO)
under ESA Section 7, with "incidental take" provisions with which you must comply).
3. Cultural Resources:
Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during
construction activities of either human remains, archeological deposits, or any other type of
historic property, the Permittee shall notify the Corps Project Manager, Ms. Lanika
Cervantes at 760-602-4829 and the Corps Archeology Staff, Steve Dibble at 213-452-3849 or
-3-
John Kffleen at 213-452-3861, within 24 hours of the find. The Permittee shall immediately
suspend all work in aiiy area(s) where potential cultural resources are discovered. The
Permittee shall not resume construction in the area surrounding the potential cultural
resources until the Corps re-authorizes projeict construction, per 36 C.F.R. section 800.13
Please be advised that you can now comment on your experience with
Regulatory Division by accessing the Corps web-based customer survey form at:
htrp://per2.nwp.usace.arrny.rnil/survey.htrjil.
Sincerely,
Michelle Lee Mattson
Senior Project Manager
San Diego Field Office
Regulatory Division
Enclosure:
NWP 14 General Conditions
Cc:
Lindsay Teunis
EDAWAECOM
1420 Kettner Boulevard, Suite 500
San Diego CA 92101
Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP14 Linear Transportation Projects. TERMS AND CONDITIONS
1. Nationwide Permit(s) NWP 14 Linear Transportation Projects. Terms:
Your activity is authorized under Nationwide Permit Number(s) NWP 14 Linear Transportation Projects, subject to the following
terms:
14. Linear Transportation Projects. Activities required for the construction, expansion, modification, or improvement of linear
transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear
transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States.
For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3-acre of waters of the United
States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the
linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes
temporary structures, fills, and work necessary to construct the linear transportation project. 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-consrruction elevations. The areas affected by temporary fills must be
revegetated, as appropriate. This NWP cannot be used to authorize non-linear features commonly associated with transportation
projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The
permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters
of the United States exceeds 1/10 acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 27.)
(Sections 10 and 404) Note: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving
mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4).
Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as appropriate,
in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees
should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective
permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water
quality certification and/or Coastal Zone Management Act consistency for an NWP.
2. Nationwide Permit General Conditions:
The following general conditions must be followed in order for any authorization by an NWP to be valid:
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.
(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. Culverts placed in streams must be installed to maintain low flow conditions.
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.
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. If the activity creates am 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 preconstruction 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 preconstruction course, condition, capacity, and location of open waters if it benefits the
aquatic environment (e.g., stream restoration or relocation activities).
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.
15. 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 in the area (e.g., National Park
Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. 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.
17. Endangered Species.
(a) No activity is authorized under any NWP which is likely to 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 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.
(c) Non-federal permittees shall notify 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 may be affected by the
proposed work or that utilize the designated critical habitat that may 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 of the 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.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add speciesspecific
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, both lethal and non-
lethal "takes" of protected species are in violation of the ESA. 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/ and http://www.noaa.gov/fisheries.html respectively.
18. 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 of the 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.
(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, 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 preconstruction 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)). 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 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 NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete preconstruction
notification whether NHPA 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)). If NHPA
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.
(e) Prospective permittees should be aware that section 110k of the 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 NHPA,
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, explaining 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.
19. Designated Critical Resource Waters. Critical resource waters include: NOAA-designated marine sanctuaries, National
Estuarine Research Reserves, state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified by the district engineer after
notice and opportunity for public comment. The district engineer may also designate additional critical resource waters after
notice and opportunity for 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, and 50 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 27, 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.
20. 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) 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 MO acre and
require preconstruction notification, unless the district engineer determines in writing that some other form of mitigation
would be more environmentally appropriate 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.
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.
(d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require
compensatory mitigation, such as stream restoration, 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 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. 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 arrangements or separate activity-specific compensatory
mitigation. In all cases, the mitigation provisions will specify the party responsible for accomplishing and/or complying with
the mitigation plan.
(h) Where certain functions and services of waters 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.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an
NWP with CWA Section 401, individual 401 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.
22. 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.
23. 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.
24. 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 of the 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 ]/3-acre.
25. Transfer of Nationwide Permit Verifications. If the 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)
26. Compliance Certification. Each permittee who received an NWP verification from the Corps must submit a signed certification
regarding the completed work and any required mitigation. The certification form must be forwarded by the Corps with the
NWP verification letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP authorization, including any general or
specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. 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, as a general rule, 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:
(1) Until 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) If 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 17 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 18 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 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)) is 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
cannot 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).
(b) Contents ofPre-Construction Notification: The PCN must be in writing and include the following information:
(1) Name, address and telephone numbers of the 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; 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 result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the United States 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 of the United States, but there
may be a delay if the 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, where appropriate;
(5) If the proposed activity will result in the loss of greater than MO acre of wetlands and a PCN is required, the
prospective permittee must submit a statement describing how the mitigation requirement will be satisfied. 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)(l) through (7) of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination:
(I) 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.
(2) For all NWP 48 activities requiring pre-construction notification and for other NWP activities requiring
preconstruction notification to the district engineer that result in the loss of greater than 1/2-acre of waters of the
United States, the district engineer will immediately provide (e.g., via facsimile transmission, overnight mail, or
other expeditious manner) a copy of the 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 of NWP 37, these agencies will
then 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. If so contacted by an agency, the district
engineer will wait an additional 15 calendar days before making a decision on the preconstruction notification.
The district engineer will fully consider agency comments received within the specified time frame, but will
provide no response to the resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each preconstruction 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 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre-construction notifications to expedite
agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report within 10
calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the district engineer will determine whether the
activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or
may be contrary to the public interest. If the proposed activity requires a PCN and will result in a loss of greater than MO acre
of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose
compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal may be either conceptual or
detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the
adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer must approve any
compensatory mitigation proposal before the permittee commences work. If the prospective permittee elects to submit a
compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory
mitigation plan. The district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment.
If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation
proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to
the applicant. The response will state that the project can proceed under the terms and conditions of the NWP.
If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district
engineer will notify the applicant either:
(1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures
to seek authorization under an individual permit;
(2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that
would reduce the adverse effects on the aquatic environment to the minimal level; or
(3) that the project is authorized under the NWP with specific modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur
to the aquatic environment, the activity will be authorized within the 45-day PCN period. The authorization will include the
necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation plan that would reduce the
adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United
States may occur until the district engineer has approved a specific mitigation plan.
28. 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.
3. Regional Conditions for the Los Angeles District:
In accordance with General Condition Number 23, "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 coastal watersheds from the southern reach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo
County/Monterey County boundary, all road crossings must employ a bridge crossing design that ensures passage and/or
spawning of steelhead (Oncorhynchus mykiss) is not hindered in any way. In these areas, bridge designs that span the stream
or river, including designs for pier- or pile-supported spans, or designs based on use of a bottomless arch culvert simulating
the natural stream bed (i.e., substrate and streamflow conditions in the culvert are similar to undisturbed stream bed channel
conditions) shall be employed unless it can be demonstrated the stream or river does not support resources conducive to the
recovery of federally listed anadromous salmonids, including migration of adults and smolts, or rearing and spawning. This
proposal also excludes approach embankments into the channel unless they are determined to have no detectable effect on
steelhead.
2. For the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los Angeles District (generally
north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo
County), no nationwide permit, except Nationwide Permits 1 (Aids to Navigation), 2 (Structures in Artificial Canals), 3
(Maintenance), 4 (Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities), 5 (Scientific
Measurement Devices), 6 (Survey Activities), 9 (Structures in Fleeting and Anchorage Areas), 10 (Mooring Buoys), 11
(Temporary Recreational Structures), 20 (Oil Spill Cleanup), 22 (Removal of Vessels), 27 (Stream and Wetland Restoration
Activities), 30 (Moist Soil Management for Wildlife), 31 (Maintenance of Existing Flood Control Projects), 32 (Completed
Enforcement Actions), 35 (Maintenance Dredging of Existing Basins), 37 (Emergency Watershed Protection and
Rehabilitation), 38 (Cleanup of Hazardous and Toxic Waste) and 47 (Pipeline Safety Program Designated Time Sensitive
Inspections and Repairs), or other nationwide or regional general permits that specifically authorize maintenance of
previously authorized structures or fill, can be used to authorize the discharge of dredged or fill material into a jurisdictional
special aquatic site as defined at 40 CFR Part 230.40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral
reefs, and riffle-and-pool complexes).
3. For all projects proposed for authorization by nationwide or regional general permits where prior notification to the district
engineer is required, applicants must provide color photographs or color photocopies of the project area taken from
representative points documented on a site map. Pre-project photographs and the site map would be provided with the
permit application. Photographs should represent conditions typical or indicative of the resources before impacts.
4. Notification pursuant to general condition 27 shall be required for projects in all special aquatic sites as defined at 40 CFR Part
230.40-45 (sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral reefs, and riffle-and-pool complexes), and in
all perennial waterbodies in the State of Arizona and the Mojave and Sonoran (Colorado) desert regions of California in Los
Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges,
and south of Little Lake, Inyo County), excluding the Colorado River from Davis Dam downstream to the north end of
Topock and downstream of Imperial Dam (Federal Register dated March 12, 2007 (72 FR 11092) - regional conditions
requiring notification do not apply to Nationwide Permit 47).
5. Notification pursuant to general condition 27 shall be required for projects in all areas designated as Essential Fish Habitat by
the Pacific Fishery Management Council (i.e., all tidally influenced areas - Federal Register dated March 12, 2007 (72 FR
11092), regional conditions requiring notification do not apply to Nationwide Permit 47).
6. Notification pursuant to general condition 27 shall be required for projects in 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 (Federal Register dated March 12, 2007 (72 FR 11092) - regional conditions
requiring notification do not apply to Nationwide Permit 47).
7. Individual permits shall be required for all discharges of fill material in jurisdictional vernal pools.
8. 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.
9. Individual permits 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.
10. Notification pursuant to general condition 27 shall be required for projects in the Santa Clara River watershed in Los Angeles
and Ventura counties, including but not limited to Aliso Canyon, Agua Duke 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 (Federal Register dated March 12, 2007 (72 FR11092) - regional conditions requiring notification
do not apply to Nationwide Permit 47).
4. Further information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(XX) Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this 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 of this 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 of this 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 CFR 326.4 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.
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.
RIGHT OF ENTRY PERMIT
Agency: Department of Parks and Recreation
Project: City of Carlsbad- Encinas Bridge Replacement
South Carlsbad State Beach
San Diego Coast District
This Right of Entry Permit (Permit) is made and entered into this 30 April 2009, between the State of
California, acting by and through its Director of the Department of Parks and Recreation, hereinafter
called State and the City of Carlsbad, its officers, employees, agents and contractors, hereinafter called
Permittee.
RECITALS
« Whereas, the State owns, operates, and maintains the State Park unit know as South Carlsbad StateBeach, in the County of San Diego, State of California; and
« Whereas, Permittee has applied to the State for permission to access South Carlsbad State Beach
for purposes of installing temporary sheet piling to carry out the replacement of the Encinas Creek
Bridge located on southbound Carlsbad Blvd, described in Exhibit "A", consisting of 1 page, which is
attached hereto and incorporated herein, to South Carlsbad State Beach for the use and oenefit of
the public; and
• Whereas, Permittee has applied to State for permission to access South Carlsbad State Beach for
purposes of carrying out such Project.
a Now therefore, the State desires to accommodate Permittee's application for permission to enter
South Carlsbad State Beach for purposes of the Project, as and to the extent such Project is
ultimately described, permitted, approved and conditioned by Coastal Permit environmental
document (Coastal Development Plan) dated April 08, 2009, and as may be conditioned by any other
regulatory agency having jurisdiction, if applicable.
TERMS AND CONDITIONS
This Permit hereby gives the Permittee the revocable rights stated below, and is not transferable to any
other party. This Permit does not create an interest in the real property herein described or depicted and
is further subject to the following terms and conditions:
1. Project Description: By this Permit, State hereby gives permission to Permittee to enter upon those
lands as depicted on the attached Exhibit "A" (the Property) solely for the purpose of temporarilyconstructing and maintaining protective sheet piling for said construction site, remove fallen debris or
materials from State Beach lands, and to retrieve dispersed rip rap in an attempt to re-stack said
debris on Permittee's adjacent property, of which are shown on Exhibit "A."
2. Permit Subject to Laws and Permits: Permittee shall, at Permittee's sole cost and expense,
comply with the requirements and mitigations identified by Permittee's environmental document
including all municipal state, and federal authorities now in force or which may be in force pertaining
to the Project and use of the Property as provided by this Permit. This Permit is expressly made
subject to any and all laws and regulatory permits or approvals, including any conditions of such
permits and approvals issued or required to be issued by such regulatory agencies.
Prior to commencement of any work, Permittee shall obtain all such legally required permits or
approvals and submit to the State full and complete copies of all permits and approvals, including
documentation related to or referenced in such permits and approvals, along with the corresponding
agency contact and telephone numbers, and related California Environmental Quality Act (CEQA)
and/or National Environmental Policy Act (NEPA) documentation.
3. Term of Permit: This Permit shall only be for the period beginning on January 4, 2010, and ending
on May 25, 2010, or as may be reasonably extended by written mutual agreement.
4. Consideration: Permittee agrees to construct the sheet piling protection and maintain a beach
access route on State's Property at no cost to State. As such, no further consideration is due.
5. Permit Subject to Existing Claims: This Permit is subject to existing contracts, permits, licenses,
encumbrances and claims which may affect the Property.
6. Waiver of Claims and indemnity: Permittee waives all claims against State, its officers, agents and
employees, for loss or damage caused by, arising out of, or in any way connected with the exercise
of this Permit, and Permittee agrees to protect, save harmless, indemnify, and defend State, its
officers, agents and employees, or contractors from any and all loss, damage or liability which may
be suffered or incurred by State, its officers, agents and employees, or contractors, caused by,arising out of, or in any way connected with the exercise by Permittee of the rights hereby granted,
and the Project for which this Permit is granted, except those arising out of the sole active negligence
of State. Permittee will further cause such indemnification and waiver of claims in favor pf State to be
inserted in each contract that Permittee executes for the provision of services in connection with theProject for which this Permit is issued.
7. Contractors: Permittee shall incorporate the terms, conditions, and requirements contained hereinwhen contracting out all or any portion of the work permitted hereunder. Permittee shall be
responsible for ensuring contractor/subcontractor compliance with terms and conditions contained
herein. Failure of contractors to abide by State's terms and conditions shall constitute default by
Permittee, as defined herein, allowing State to terminate this Permit and seek all legal remedies.
8. insurance Requirements: As a condition of this Permit and in connection with its indemnification
and waiver of claims for the Encinas Bridge Project, Permittee will provide, and/or cause its
contractors to provide, a policy or policies of insurance as follows;
Permittee, as an incorporated City is self insured and shall cover all claims of bodily injury,
property damage and personal injury under said policy. The permittee shall apply separately to
each insured against whom any claim is made or suit is brought subject to the Permittee limits of
liability.
Permittee shall be responsible for endorsements naming CALIFORNIA STATE DEPARTMENT
OF PARKS AND RECREATION as loss payable and provide that payments for any losses be
made to CALIFORNIA STATE DEPARTMENT OF PARKS AND RECREATION and Permittee as
co-payees and shall be used to repair, rebuild, restore or replace the insured property at State'sdirection for any damage resulting from the installation or operation of Permittee's equipment. If
payments are not useo, they Shan be madepayable directly to CALIFORNIA STATEDEPARTMENT OF PARKS AND RECREATION for rebuilding or repair as necessary in the
discretion of the State.
Permittee shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident.Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-
owned motor vehicles in use by Permittee.
Permittee shall maintain statutory worker's compensation, and employer's liability coverage in the
amount of $1,000,000/employee/disease/each accident, for all its employees who will be
engaged in the performance of work on the Property, including special extensions where
applicable.
Each policy of insurance required by this provision shall: (a) be in a form, and written by aninsurer, reasonably acceptable to State; (b) be maintained at Permittee's sole expense; and (c)
require at least thirty (30) days written notice to State prior to any cancellation, nonrenewal ormaterial modification of insurance coverage.
Insurance companies issuing such policies shall have a rating classification of "A-" or better and
financial size category ratings of "VII" or better according to the latest edition of the A.M. Best KeyRating Guide. All insurance companies issuing such policies shall be licensed to do business in
the State of California.
Such policies shall contain an endorsement naming the CALIFORNIA STATE DEPARTMENT OF
PARKS AND RECREATION as an additionally named insured at no cost to State.
Permittee is responsible for any deductible or self-insured retention contained within the
insurance program.
Should Permittee fail to keep the specified insurance in effect at all times, State may, in additionto any other remedies it has, terminate this Permit. If any policy of insurance required by this
provision lapses, evidence of a new policy shall be provided to State within ten (10) wording days
of such lapse.
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Permittee is required to ensure all contractors and subcontractors have adequate insurancemeeting the coverage requirements in this provision.
Any insurance required to be carried shall be primary and not excess to any other insurancecarried by State.
Coverage shall be in force for the comptete term of this Permit and the work being done for which
this Permit is required.
9. Reservation of Rights: State Reserves the right to use the Property in any manner, provided such
use does not unreasonably interfere with Permittee's rights herein.
10. Access Limits and Conditions: Access to the Property shall be limited to the access designated by
State and as depicted and/or described on Exhibits A" and "B" and as further described by thefollowing:
• The beach access area shall be left in a safe condition at end of construction each Friday and this
condition shall be maintained until Monday mornings when construction resumes.9 Sheet piling
» State Beach lands will be left, at conclusion of the project, in appearance equal to or better than
before the project commenced.
9 Extent of archaeological monitoring outlined in Project Evaluation document shall be determined
by State Parks, shall be at Permittee's expense, and shall be charged for actual time worked
only.
• Extent of Project monitoring shall be determined by State Parks, shall be at the Permittee's
expense, and be charged for actual time worked only.
11. Notice of Work: Prior to any entry upon the Property for any of the purposes hereinabove set forth,
Permittee shall notify the authorities in charge of South Carlsbad State Beach named below bywritten notice at least forty-eight (48) hours prior to commencement of work. Permittee shall also
notify authorities in charge ofthe South Carlsbad State Beach at least forty-eight (48) hours of anychange in the Project Schedule or prior to cessation of work.
District Name: Brian Ketterer, N. Sector Superintendent
San Diego Coast DistrictAddress: 2680 Carlsbad Blvd
Carlsbad, CA 92008
Telephone: (760) 720-7006
Fax: (760) 720-6375
12. Limits of Work: In no event shall this Permit authorize work in excess or contrary to the terms andconditions of any regulatory agency, permit, or approval. Under no circumstances, whether or not
permitted or authorized by any regulatory agency, permit, or approval, shall work exceed that which
is reasonably necessary to carry out the purpose or project limits set forth in Exhibits "A" and "B"herein.
13. Public Safety: Permittee shall, or cause its contractors or subcontractors to take any and all
necessary and reasonable steps to protect the public from harm due to the work.
14. Compliance with Monitoring and Mitigation Measures: Natural resource monitoring and
mitigation measures identified by the State Environmental Scientist shall be cornpletecfinconsultation with and to the satisfaction ofthe State Environmental Scientist by dates stated therein.
Activities conducted within the boundaries defined in this Permit will comply with all State andFederal environmental laws, including but not limited to the Endangered Species Act, CEQA, and
Section 5024 of the Public Resources Code.
Any archaeological consultants are working within the boundaries of State Park property shall obtaina permit from the California State Parks Cultural Resource Division prior to commencing any
investigations of the Premises.
Permittee shall consult with State respurce specialists (Environmental Scientist, Historian, and
Archaeologist) to determine site-specific conditions and avoidance measures for the protection of
natural and cultural resources.
State will advise Permittee if any new historical resources (including archaeological sites), special
status species, Threatened/Endangered Species protocols, or other resource issues are identified
within the proposed project site. Permittee shall consult with State resource specialists to determine
the appropriate level of avoidance/mitigation necessary to protect the resource(s) during future work.
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In making any excavation on said Property of State, Permittee shall make all excavation activities
available to the State Archaeologist for observation and monitoring. During excavation, the State
archaeological monitor may observe and report to the State on all excavation activities. Statearchaeological monitor shall be empowered to stop construction activities in the event the monitor
determines that significant cultural resource values are being disturbed.
In the event that previously unknown cultural resources (including but not limited to dark soil
containing shell, bone, flaked stone, groundstpne, or deposits of Historic trash are encountered
during project construction by anyone, work will be put on hold at that specific location, and thePermittee's work will be redirected to other tasks until a State-qualified cultural resource specialist
has been contacted to evaluate the find and implement appropriate treatment measures and
disposition of artifacts, as appropriate, in compliance with environmental law and department
resource directives prior to State's Archaeologist directing resumption of work at that specific
location.
If human remains are discovered during the project the specific protocol, guidelines and channels of
communication outlined by the California Native American Heritage Commission (NAHC) and in
accordance with Section 7050.5 of the Health and Safety Code and Section 5097-98 of the Public
Resources Code will be followed. Section 7050.5 (c) win guide the potential Native American
involvement in the event of discovery of human remains.
If the coroner determines that the remains are not subject to his or her authority and if the coroner
recognizes the remains to be those of a Native American, or has reason to believe that they are
those of a Native American, he or she will contact by telephone within 24 hours the Native American
Heritage Commission.
State will ask the NAHC to identify the Most Likely Descendant(s) (MLD) of the interred individual(s).
Working in consultation with the MLD, a State will recommend appropriate disposition of the remains.
Work snail not resume in the area of the find until proper disposition is complete (PRC 5097.98). Nohuman remains or funerary objects will be cleaned, photographed, analyzed, or removed from the
site prior to consultation with the MLD.
If it is determined the find indicates a sacred or religious site, the site will be avoided to the maximum
extent practicable. Formal consultation with the State Historic Preservation Officer and review by the
Native American Heritage Comrnissipn and/or Tribal Representative will also be undertaken as
necessary to define additional site mitigation or future restrictions.
Permittee, Permittee's contractor or subcontractor shall provide a written work schedule to State so
that the State archaeological monitor can arrange to be on site on the necessary days. Permittee
agrees to include the State archaeologist in any preconstruction meetings with the prime or
subcontractors. The archaeologist shall be provided at least two (2) weeks advanced notice of the
commencement of work undertaken pursuant to this Permit.
15. Restoration of Property: Permittee shall be responsible for restoration, repair, and revegetation of
the Property in consultation with and to the satisfaction of the Maintenance Chief within one (1) year
after completion of the Project.
Permittee agrees to repair or restore the property impacted by the project, to the satisfaction of the
State, should damages be incurred during the hauling process.
This shalj include, but is not limited to:» Repair of damage to beach access
• Repair of damage to asphalt
• Repair of any damage done to concrete and /or infrastructure near the beach access area.
• Repair of any water, sewage or other pipes or conduit below the access route if said damage is
found to be caused by the project.
16. Right to Halt Work: The State reserves the right to halt work and demand mitigation measures at
any time, with or without prior notice to Permittee, in the event the State determines that anyprovision contained herein is violated, or any other threat to the health and safety of visitors or users
of the South Carlsbad State Beach arises.
17. Use Restrictions: The use of the Property by Permittee's guest or invitees shall be restricted to the
daytime hours between sunrise and sunset on a day-by-day basis, unless otherwise approved in
advance in writing by State. No person may use or occupy the Property overnight.
Activities on the Property shall be conducted only in a manner, which will not interfere with the orderly
operation of the recreation area. Permittee agrees to immediately discontinue or remove any
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disorderly conduct and/or contraband. Contraband includes, but is not limited to: beer, alcoholic
beverages, illegal and illicit drugs, firearms, explosives and edged weapons.
Use of all established roads and trails by any motorized vehicle, (including but not limited to
motorcycle, car, truck, jeep, tractor, or all-terrain vehicle) shall be limited to only the Permittee,
Permittee's employees, agents or contractors for patrol, maintenance or repair purposes only andshall be subject to all other conditions and/or restrictions of this Permit.
Permittee shall not use or allow the Property to be used, either in whole or in part, for any purpose
other than as herein set forth, without the prior written consent of the State.
18. State's Right to Enter: At all times during the term of this Permit, there shall be and is hereby
expressly reserved to State and to any of its agencies, contractors, agents, employees,
representatives or licensees, the right at any and all times, and any and all places, to temporarily
enter upon said Property to survey, inspect or perform any other lawful State purposes.
Permittee agrees to not interfere with State's right to enter.
State agrees to indemnify Permittee for any damages that Permittee should incur as a direct result of
State's negligent exercise of its rights under this paragraph.
19. Protection of Property: Permittee shall protect the Property, including all improvements and the
natural resources thereon, at all times at Permittee's sole cost and expense, and Permittee shall
strictly adhere to the following restrictions:
(a) Permittee may not place or dump garbage, trash or refuse anywhere upon or within the
Property, except in self-contained trasn receptacles that are maintained to State's satisfaction by
Permittee.
(b) Permittee may not commit or create, or suffer to be committed or created, any waste,
hazardous condition and/or nuisance to occur upon the Property.
(c) Permittee may not cut, prune or remove any native trees or brush upon the Property, except
tor routine fire protection, trail clearing, maintenance or the elimination of safety hazards without
first obtaining written permission by tne District Superintendent.
(d) Permittee may not disturb, move or remove any rocks or boulders upon the Property except
for routine fire protection, trail clearing, maintenance or the elimination of safety hazards without
first obtaining written permission by the District Superintendent.
(e) Permittee shall cover concrete sidewalk area at restroorn near beach access with spoils from
the Project to protect this concrete and infrastructure during construction.
(f) Permittee may not bait, poison, trap, hunt or engage in any other activity which results in the
killing, maiming or injury of animals or wildlife upon the Property, except for mice and rats, and
rattlesnakes in the event such snakes pose an immediate danger to persons on the Property
without first obtaining written permission by the District Superintendent.
(g) Permittee may not use or dispose of hazardous substances on the Property.
(h) Permittee shall exercise due diligence in the protection of the Property against damage or
destruction by fire, vandalism or other cause.
20. Default: In the event of a default or breach by Permittee of any of the terms or conditions set forth in
this Permit, State may at any time thereafter, without limiting State in the exercise of any right of
remedy at law or in equity wnich State may have by reason of such default or breach:
(a) Maintain this Permit in full force and effect and recover the consideration, if any, and other
monetary charges as they become due, without terminating Permittee's right to use of State
Property, irrespective of whether Permittee shall have abandoned the Property.
(b) Terminate this Permit whereupon Permittee shall immediately surrender possession of the
Property to State. In such event, State shall be entitled to recover from Permittee all damages
incurred by State by reason of Permittee's default including, but not limited to, the following:
(i) any amount necessary to compensate State for all the detriment proximately caused by
Permittee's failure to perform its obligations under this Permit or which in the ordinary course
of events would be likely to result therefrom; plus
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(ii) at State's election, such other amounts in addition to or in lieu of the foregoing as may bepermitted from time to time by applicable law. Upon termination of this Permit, State shall
nave the right to make any reasonable repairs, alterations or modifications to the Property,
which State, in its sole discretion, deems reasonable and necessary for the State's use of theProperty.
20.1 State's Right to Cure Permittee's Default: At any time, after Permittee is in default or material
breach of this Permit, State may. but is not required to, cure such default or breach at Permittee's
cost If State at any time, by reason of such default or breach, pays any sum or does any act that
requires the payment of any sum, the sum paid by State shall be due immediately from Permittee to
State at the time the sum is paid, and if paid at a late date shall bear the maximum interest allowed
by California law from the date the sum is paid by State until State is reimbursed by Permittee.
21. Revocation of Permit: The State shall have the absolute right to revoke this Permit for any reason
upon ten (10) days written notice to Permittee. Written notice to Permittee may be accomplished by
electronic or facsimile transmission, and the notice period set forth in this paragraph shall begin on
the date of the written notice. If Permittee is in breach of the Permit or owes money to the State
pursuant to this Permit, any prepaid monies paid by Permittee to State shall be held and applied bythe State as an offset toward damages and/or amounts owed Nothing stated herein shall limit the
State's exercise of its legal and equitable remedies.
22. Recovery of Legal Fees: If any action including actions or proceedings under Title 11 of the United
States Code is brought by the State to enforce or interpret any provisions of this Permit or to restrain
the breach of any agreement contained herein, or for the recovery of possession of the Property, or
to protect any rights given to the State against Permittee, and if the State shall prevail in such action
on trial or appeal, the Permittee shall pay to the State such amount in attorney's fees in said action as
the court shall determine to be reasonable, which shall be fixed by the court as part of the costs of
said action.
23. Voluntary Execution and Independence of Counsel: By their respective signatures below each
party hereto affirms that they have read and understood this Permit and have received independent
counsel and advice from their attorneys with respect to the advisability of executing this Permit.
24. Reliance on Investigations: Permittee accepts this Permit, and the Property to which it pertains, in
its as-is condition and has made such investigation of the facts pertaining to this Permit and all the
matters pertaining thereto as it deems necessary.
25. Entire Agreement; The parties further declare and represent that no inducement, promise or
agreement not herein expressed has been made to them and this Permit contains the entire
agreement of the parties, and that the terms of this agreement are contractual and not a mere recital.
26. Warranty of Authority: The undersigned represents that they have the authority to, and does, bind
the person or entity on whose behalf and for whom they are signing this Permit and the attendant
documents provided for herein, and this Permit and said additional documents are, accordingly,
binding on said person or entity.
27. Assignment: This Permit shall not be assignable. It may not be mortgaged, hypothecated, or
transferred by Permittee, whether voluntary or involuntary or by operation of law, nor shall Permittee
let or sublet or grant any license of permit with respect to the use and occupancy of the Property or
any portion thereof, without the written consent of State being first had and obtained.
28. Choice of Law: This Permit will be governed and construed by the laws of the State of California.
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STATE OF CALIFORNIA
Department of Parks and Recreation
CITY OF CARLSBAD
By:By:..t v
Name: Brian Ketterer
Title: Sector Superintendent
San Diego Coast District
4477 Pacific Highway
San Diego, Ca92110
Telephone: (619) 688-3260
Fax:(619)688-3229
Name: Robert ohnson, Jr.
Title: City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: 760-602-2752
Fax: 760-602-8562
Project Contacts:
State Parks
Brian Ketterer, Sector Superintendent, (760) 720-7001, bketterer@parks.ca.cigv
Brian Gaudet, Maintenance Chief, (760) 438-5449, bgaudet@parks.ca.gov
Darren Smith, Environmental Scientist, (619) 278-3785rdsQiithi®|)ailss,ca.,aQV
Therese Muranaka, Archaeologist, (619) 293-3529, tmuranaka@parks.ca.gov
City of Carlsbad
John Cahill, Municipal Projects Manager, 760-602-2726,
Patrick Vaughan, Deputy City Engineer, 760-602-7321, Patrick.Vaughangjcarlsbadca.ciov
Bill Plummer, Deputy City Engineer, 760-2768, Biil.Plumrner@carlsbadca,gov
7 of?
Exhibit "A" Preject Limits
Encinas Creek Bridge Replacement flight of Entry Permit
South Carlsbad State Beach NORTH
SO 199 i so 2ffl
i Approximate State Pa* Boundary
Exhibit "B" Project Limits
Encinas Creek Bridge Replacement (light of Entry Permit
South Carlsbad State Beach
California Regional Water Quality Control Board
San Diego Region
Linda S. Adams
Secretary for
Environmental Protection
Over SO Years Serving San Diego, Orange, and Riverside Counties
Recipient of the 2004 Environmental Award for Outstanding Achievement from USEPA
9174 Sky Park Court, Suite 100, San Diego, California 92123-4353
(858) 467-2952 • Fax (858)571-6972
http://www.waterboards.ca.gov/sandiego
Arnold Schwarzenegger
Governor
September 17, 2009
John Cahill, Municipal Projects Manager
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Certified Mail - Return Receipt Requested
Article Number: 7009 1410 0002 2347 6088
In reply refer to:
739754: mporter
Dear Mr. Cahill:
Subject: Action on Request for Clean Water Act Section 401 Water Quality
Certification for the Encinas Creek Bridge Replacement Project Water Quality
Certification No. 09C-048
Enclosed find Clean Water Act Section 401 Water Quality Certification for discharge to
Waters of the U.S. for the Encinas Creek Bridge Replacement Project. A description of
the project and project location can be found in the project information sheet, project
location map, and project site maps, by the Regional Board, which are included as
Attachments 1 through 4.
Any petition for reconsideration of this Certification must be filed with the State Water
Resources Control Board within 30 days of certification action (23 CCR § 3867). If no
petition is received, it will be assumed that you have accepted and will comply with all
the conditions of this Certification.
Failure to comply with all conditions of this Certification may subject you to enforcement
actions by the California Regional Water Quality Control Board, San Diego Region,
including administrative enforcement orders requiring you to cease and desist from
violations, or to clean up waste and abate existing or threatened conditions of pollution
or nuisance; administrative civil liability in amounts of up to $10,000 per day per
violation; referral to the State Attorney General for injunctive relief; and, referral to the
District Attorney for criminal prosecution.
California Environmental Protection Agency
(0 Recycled Paper
Mr. John Cahill
401 Certification 09C-048
Page 2 of 2 September 17, 2009
In the subject line of any response, please include the requested "In reply refer to:"
information located in the heading of this letter. For questions pertaining to the subject
matter, please contact Mike Porter at (858) 467-2726 or mporter@waterboards.ca.gov.
Respectfully,
in H. Robertus
Executive Officer
San Diego Regional Water Quality Control Board
Enclosures:
Clean Water Act Section 401 Water Quality Certification No. 09C-048 for Encinas
Creek Bridge Replacement project, with 5 attachments
cc: Refer to Attachment 2 of Certification 09C-048 for Distribution List.
Tech Staff Info & Use
File No.
WDID
Reg. Measure ID
Place ID
Party ID
Person ID
09C-048
9000001939
367309
739754
7838
277729
California Regional Water Quality Control Board
Linda S. Adams
Secretary for
Environmental Protection
San Diego Region
Over SO Years Serving San Diego, Orange, and Riverside Counties
Recipient of the 2004 Environmental Award for Outstanding Achievement from USEPA
9174 Sky Park Court, Suite 100, San Diego, California 92123-4340
(858) 467-2952 • Fax (858)571-6972
http://www.waterboards.ca.gov/sandiego
Action on Request for
Clean Water Act Section 401 Water Quality Certification
and Waste Discharge Requirements
for Discharge of Dredged and/or Fill Materials
Arnold Schwarzenegger
Governor
PROJECT: Encinas Creek Bridge Replacement,
Certification Number (09C-048),
WDID: 9000001939
APPLICANT: John Cahill, Municipal Projects Manager
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
ACTION:
CIWQS
Reg. Meas. ID: 367309
Place ID: 739754
Party ID: 7838
D Order for Low Impact Certification
0 Order for Technically-conditioned
Certification
0 Enrollment in SWRCB GWDR
Order No. 2003-01 7 DWQ
D Order for Denial of Certification
D Waiver of Waste Discharge
Requirements
D Enrollment in Isolated Waters Order
No. 2004-004 DWQ
PROJECT DESCRIPTION: The City proposes to install a prefabricated arch
concrete bridge structure in place of the existing concrete bridge. Similar to the
existing bridge, the new bridge would be a culvert style bridge with a concrete
base that would be covered with sand and cobble over time.
The proposed new structure would be approximately 26 feet and 2 inches
narrower than the existing bridge. This proposed reduction in width is because
the bridge is currently oversized. In addition, to minimize the construction
impacts on the west side, the wingwalls would be placed parallel to the roadway.
STANDARD CONDITIONS:
The following three standard conditions apply to ajl Certification actions, except
as noted under Condition 3 for denials (Action 3).
1. This Certification action is subject to modification or revocation upon
administrative or judicial review, including review and amendment pursuant to
California Environmental Protection Agency
The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For
a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at http://www.swrcb.ca.gov.
Recycled Paper
Encinas Creek Bridge Replacement 09C-048
section 13330 of the California Water Code and section 3867 of Title 23 of the
California Code of Regulations (23 CCR).
2. This Certification action is not intended and must not be construed to apply to
any discharge from any activity involving a hydroelectric facility requiring a
Federal Energy Regulatory Commission (FERC) license or an amendment to
a FERC license unless the pertinent Certification application was filed
pursuant to 23 CCR subsection 3855(b) and the application specifically
identified that a FERC license or amendment to a FERC license for a
hydroelectric facility was being sought.
3. The validity of any non-denial Certification action (Actions 1 and 2) must be
conditioned upon total payment of the full fee required under 23 CCR
section 3833, unless otherwise stated in writing by the certifying agency.
ADDITIONAL CONDITIONS:
In addition to the three standard conditions, the City of Carlsbad must satisfy the
following:
A. GENERAL CONDITIONS:
1. The City of Carlsbad must, at all times, fully comply with the engineering
plans, specifications and technical reports submitted to the California
Regional Water Quality Control Board, San Diego Region (Regional Board),
to support this 401 Water Quality Certification (Certification) and all
subsequent submittals required as part of this Certification and as described
in Attachment 1. The conditions within this Certification must supersede
conflicting provisions within such plans submitted prior to the Certification
action. Any modifications thereto, would require notification to the Regional
Board and reevaluation for individual Waste Discharge Requirements and/or
Certification amendment.
2. During construction, the City of Carlsbad must maintain a copy of this
Certification at the project site so as to be available at all times to site
personnel and agencies.
3. The City of Carlsbad must permit the Regional Board or its authorized
representative at all times, upon presentation of credentials:
a. Entry onto project premises, including all areas on which wetland fill or
wetland mitigation is located or in which records are kept.
b. Access to copy any records required to be kept under the terms and
conditions of this Certification.
c. Inspection of any treatment equipment, monitoring equipment, or
monitoring method required by this Certification.
Encinas Creek Bridge Replacement 09C-048
d. Sampling of any discharge or surface water covered by this Order.
4. The City of Carlsbad must notify the Regional Board within 24 hours of any
unauthorized discharge, including hazardous or toxic materials, to waters of
the U.S. and/or State; measures that were implemented to stop and contain
the discharge; measures implemented to clean-up the discharge; the volume
and type of materials discharged and recovered; and additional best
management practice (BMPs) or other measures that will be implemented to
prevent future discharges.
5. The City of Carlsbad must, at all times, maintain appropriate types and
sufficient quantities of materials onsite to contain any spill or inadvertent
release of materials that may cause a condition of pollution or nuisance if the
materials reach waters of the U.S. and/or State.
6. This Certification is not transferable to any person except after notice to the
Executive Officer of the Regional Board. The City of Carlsbad must also
notify the Regional Board of any change in ownership of the project area.
Notification must include, but not be limited to, a statement that the property
owner has provided the purchaser or transferee with a copy of the Section
401 Water Quality Certification and that the purchaser or transferee
understands the Certification requirements and must implement them. If the
property is sold, the seller and purchaser must sign and date the notification.
If the Certification is transferred, the Certification holder and transferee must
sign and date the notification. The notification for transfer of mitigation
responsibility shall include a signed statement from the new party
demonstrating acceptance and understanding of the responsibility to meet the
mitigation conditions and applicable requirements of the Certification.
Notification must be provided within 10 days of the sale and/or transfer of the
property.
7. In the event of any violation or threatened violation of the conditions of this
Certification, the violation or threatened violation must be subject to any
remedies, penalties, process or sanctions as provided for under State law.
For purposes of section 401 (d) of the Clean Water Act, the applicability of any
State law authorizing remedies, penalties, process or sanctions for the
violation or threatened violation constitutes a limitation necessary to assure
compliance with the water quality standards and other pertinent requirements
incorporated into this Certification.
8. In response to a suspected violation of any condition of this Certification, the
Regional Board may require the holder of any permit or license subject to this
Certification to furnish, under penalty of perjury, any technical or monitoring
reports the Regional Board deems appropriate, provided that the burden,
including costs, of the reports must bear a reasonable relationship to the need
for the reports and the benefits to be obtained from the reports.
Encinas Creek Bridge Replacement 09C-048
9. In response to any violation of the conditions of this Certification, the Regional
Board may add to or modify the conditions of this Certification as appropriate
to ensure compliance.
10. City of Carlsbad and successor owners must submit annual progress reports
to the Regional Board prior to August 1 of each year following the issuance
of this Certification until the project has reached completion.
B. PROJECT CONDITIONS:
1. Prior to the start of the project, and annually thereafter, the City of Carlsbad
must educate all personnel on the requirements in this Certification, pollution
prevention measures, spill response, and BMP implementation and
maintenance.
2. The City of Carlsbad must comply with the requirements of State Water
Resources Control Board Water Quality Order No. 2003-0017-DWQ,
Statewide General Waste Discharge Requirements for discharges of dredged
or fill material that have received State Water Quality Certification. These
General Waste Discharge Requirement are accessible at:
http://www.waterboards.ca.gov/waterjssues/programs/cwa401/docs/general
orders/go_wdr401 regulated_projects.pdf.
3. The City of Carlsbad must notify the Regional Board in writing at least 5 days
prior to the actual commencement of dredge, fill, and discharge activities.
4. The treatment, storage, and disposal of wastewater during the life of the
project must be done in accordance with waste discharge requirements
established by the Regional Board pursuant to CWC § 13260.
5. Discharges of concentrated flow during construction or after completion must
not cause downstream erosion or damage to properties or stream habitat.
6. Water containing mud, silt, or other pollutants from equipment washing or
other activities, must not be discharged to waters of the United States and/or
the State or placed in locations that may be subjected to storm flows.
Pollutants discharged to areas within a stream diversion area must be
removed at the end of each work day or sooner if rain is predicted.
7. All surface waters, including ponded waters, must be diverted away from
areas undergoing grading, construction, excavation, vegetation removal,
and/or any other activity which may result in a discharge to the receiving
water. Diversion activities must not result in the degradation of beneficial
uses or exceedance of water quality objectives of the receiving waters. Any
temporary dam or other artificial obstruction constructed must only be built
Encinas Creek Bridge Replacement 09C-048
from materials such as clean gravel which will cause little or no siltation.
Normal flows must be restored to the affected stream immediately upon
completion of work at that location.
8. Substances hazardous to aquatic life including, but not limited to, petroleum
products, raw cement/concrete, asphalt, and coating materials, must be
prevented from contaminating the soil and/or entering waters of the United
States and/or State. BMPs must be implemented to prevent such discharges
during each project activity involving hazardous materials.
C. COMPENSATORY MITIGATION FOR Loss OF WATERS OF THE U.S./STATE
1. The City of Carlsbad must restore all areas of temporary impacts and all other
areas of temporary disturbance which could result in a discharge or a
threatened discharge to waters of the United States/State within 9 months of
project completion. Restoration must include grading of disturbed areas to
pre-project contours and revegetation with native species. The City of
Carlsbad must implement all necessary BMPs to control erosion and runoff
from areas associated with this project.
2. The City of Carlsbad must submit a report (including topography maps and
planting locations) to the Regional Board within 90 days of completion of
revegetation site preparation and planting, describing as-built status of the
revegetation project.
3. Throughout the revegetation program maintenance period, revegetation areas
must be maintained free of perennial exotic plant species including, but not
limited to, pampas grass, giant reed, tamarisk, sweet fennel, tree tobacco,
castor bean, and pepper tree. Annual exotic plant species must not occupy
more than 5 percent of the revegetation areas.
4. Any maintenance activities that do not contribute to the success of the
revegetation site and enhancement of beneficial uses and ecological
functions and services are prohibited. Maintenance activities are limited to
the removal of trash and debris, removal of exotic plant species, replacement
of dead native plant species and remedial measures deemed necessary for
the success of the restoration program.
5. Responsible Party Updates: The City of Carlsbad must provide the name and
contact information of any third party accepting responsibility for implementing
the mitigation requirements of this Certification. The notification must be
submitted to the Regional Board within 30 days of the transfer of
responsibility. The notification must include a signed statement from the new
party demonstrating acceptance and understanding of the responsibility to
meet the mitigation conditions and applicable requirements of the
Certification.
Encinas Creek Bridge Replacement 09C-048
6. For purposes of this Certification, establishment is defined as the creation of
vegetated or unvegetated waters of the U.S./State where the resource has
never previously existed (e.g. conversion of nonnative grassland to a
freshwater marsh). Restoration is divided into two activities, re-establishment
and rehabilitation. Re-establishment is defined as the return of
natural/historic functions to a site where vegetated or unvegetated waters of
the U.S./State previously existed (e.g., removal of fill material to restore a
drainage). Rehabilitation is defined as the improvement of the general suite
of functions of degraded vegetated or unvegetated waters of the U.S./State
(e.g., removal of a heavy infestation or monoculture of exotic plant species
from jurisdictional areas and replacing with native species). Enhancement is
defined as the improvement to one or two functions of existing vegetated or
unvegetated waters of the U.S./State (e.g., removal of small patches of exotic
plant species from an area containing predominantly natural plant species).
Preservation is defined as the acquisition and legal protection from future
impacts in perpetuity of existing vegetated or unvegetated waters of the
U.S./State (e.g., conservation easement).
D. STREAM PHOTO DOCUMENTATION PROCEDURE
1. The City of Carlsbad, and its successors, must conduct photo documentation
of the project site, including all areas of permanent and temporary impact,
prior to and after project construction, and revegetation areas, including all
areas of permanent and temporary impact, prior to and after project
construction. Photo documentation must be conducted in accordance with
the State Water Resources Control Board Standard Operating Procedure
4.2.1.4: Stream Photo Documentation Procedure, included as Attachment
Number 5. In addition, photo documentation must include Geographic
Positioning System (GPS) coordinates for each of the photo points
referenced. The City of Carlsbad must submit this information in a photo
documentation report to the Regional Board with the project and revegetation
completion reports. The report must include a compact disc that contains
digital files of all the photos (jpeg file type or similar).
E. GEOGRAPHIC INFORMATION SYSTEM REPORTING
1. The City of Carlsbad must submit Geographic Information System (GIS)
shape files of the impact and revegetation areas within 30 days of project
impacts and the mitigation area within 30 days of revegetation installation.
All impact and revegetation areas shapefiles must be polygons. Two GPS
readings (points) must be taken on each line of the polygon and the polygon
must have a minimum of 10 points. GIS metadata must also be submitted.
F. REPORTING:
6
Encinas Creek Bridge Replacement 09C-048
1. All information requested in this Certification is pursuant to California Water
Code (CWC) section 13267. Civil liability may be administratively imposed by
the Regional Board for failure to furnish requested information pursuant to
CWC section 13268.
2. All reports and information submitted to the Regional Board must be
submitted in both hardcopy and electronic format. The preferred electronic
format for each report submission is one file in PDF format that is also Optical
Character Recognition (OCR) capable.
3. The City of Carlsbad must submit a report to the Regional Board within 30
days of completion of the project. The report should include as-built drawings
no bigger than 11" x 17" and photos of the completed project.
4. All applications, reports, or information submitted to the Regional Board must
be signed and certified as follows:
a. For a corporation, by a responsible corporate officer of at least the
level of vice president.
b. For a partnership or sole proprietorship, by a general partner or
proprietor, respectively.
c. For a municipality, or a state, federal, or other public agency, by either
a principal executive officer or ranking elected official.
5. A duly authorized representative of a person designated in Items 4.a. through
4.c. above may sign documents if:
a. The authorization is made in writing by a person described in Items
4.a. through 4.c. above.
b. The authorization specifies either an individual or position having
responsibility for the overall operation of the regulated activity.
c. The written authorization is submitted to the Regional Board Executive
Officer.
6. All applications, reports, or information submitted to the Regional Board must
be signed and certified as follows:
"/ certify under penalty of law that I have personally examined and am familiar
with the information submitted in this document and all attachments and that,
based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the information is true, accurate, and
complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment."
7. The City of Carlsbad must submit reports required under this Certification, or
other information required by the Regional Board, to:
Encinas Creek Bridge Replacement 09C-048
Executive Officer
California Regional Water Quality Control Board
San Diego Region
Attn: 401 Certification; Project No. 09C-048
9174 Sky Park Court, Suite 100
San Diego, California 92123
6. Required Reports: The following list summarizes the reports required per the
conditions of this Certification to be submitted to the Regional Board.
Report Topic
Spill notification
Certification transfer
Annual progress report
Dredge/fill
commencement
Revegetation completion
report
Responsible party
updates
Stream Photo
Documentation
GIS shapefiles
Project completion report
Certification
Condition
A.4
A.6
A.10
B.3
C.2
C.5
D.1
E.1
F.3
Due Date(s)
Within 24 hours of
discharge
Within 10 days of
sale/transfer
Annually, before August 1
5 days prior to dredge/fill
commencement
Within 90 days of
completion of revegetation
installation
Within 30 days of transfer of
responsibility
With the revegetation and
project completion reports
Within 30 days of
impacts/revegetation
installation
Within 30 days of project
completion
PUBLIC NOTIFICATION OF PROJECT APPLICATION:
On June 22, 2009 receipt of the project application was posted on the Regional
Board web site to serve as appropriate notification to the public.
REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON:
Mike Porter and Bree Bourassa
California Regional Water Quality Control Board, San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA92123
858-467-2726
8
Encinas Creek Bridge Replacement 09C-048
mporter@waterboards.ca.gov
858-627-3933
bbourassa@waterboards.ca.gov
WATER QUALITY CERTIFICATION:
I hereby certify that the proposed discharge from the Encinas Creek Bridge
Replacement project (Project No. 09C-048) will comply with the applicable
provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related
Effluent Limitations"), 303 ("Water Quality Standards and Implementation
Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and
Pretreatment Effluent Standards") of the Clean Water Act. This discharge is also
regulated under State Water Board Order No. 2003-00 17-DWQ, "Statewide
General Waste Discharge Requirements for Dredged or Fill Discharges that have
Received State Water Quality Certification (General WDRs)," which requires
compliance with all conditions of this Water Quality Certification. Please note
that enrollment under Order No. 2003-017 DWQ is conditional and, should new
information come to our attention that indicates a water quality problem, the
Regional Board may issue waste discharge requirements at that time.
Except insofar as may be modified by any preceding conditions, all Certification
actions are contingent on (a) the discharge being limited and all proposed
mitigation being completed in strict compliance with the applicants' project
description and/or on the attached Project Information Sheet, and (b) on
compliance with all applicable requirements of the Regional Board's Water
Quality Control Plan (Basin Plan).
JOHtfH. ROBERTA Date
Ex^ptitive Officer
Regional Water Quality Control Board
Attachments: 1 . Project Information
2. Distribution List
3. Location Map
4. Site Map
5. Stream Photodocumentation Procedure
Encinas Creek Bridge Replacement 09C-048
Applicant:
Applicant
Representatives:
Project Name:
Project Location:
Type of Project:
Need for Project:
Project Description:
ATTACHMENT 1
PROJECT INFORMATION
City of Carlsbad
Attention: John Cahill
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: 760-602-2726
Facsimile: 760602-8562
Email: jcahi@ci.carlsbad.ca.us
EDAW/AECOM
Attention: Michelle Fehrensen
1420 Kettner Boulevard, Suite 500
San Diego, CA92101
Telephone: 619-233-1454
Facsimile: 619-233-0952
Email: michelle.fehrensen@aecom.com
Encinas Creek Bridge Replacement Project
Encinas Creek Bridge is located along southbound Carlsbad
Boulevard approximately 0.6 mile south of Palomar Airport
Road and 1 mile north of Poinsettia lane in the City of
Carlsbad.
Latitude: 33° 6'56.91"N Longitude: 117° 19'30.24"W
Bridge Replacement
The replacement of the bridge has been recommended by the
California Department of Transportation due to severe
deterioration.
The City proposes to install a prefabricated arch concrete
bridge structure in place of the existing concrete bridge.
Similar to the existing bridge, the new bridge would be a
culvert style bridge with a concrete base that would be
covered with sand and cobble over time.
The proposed new structure would be approximately 26 feet
and 2 inches narrower than the existing bridge. This
proposed reduction in width is because the bridge is currently
oversized. In addition, to minimize the construction impacts
on the west side, the wingwalls would be placed parallel to the
roadway.
10
Encinas Creek Bridge Replacement 09C-048
Federal
Agency/Permit:
Other Required
Regulatory Approvals:
California
Environmental Quality
Act (CEQA)
Compliance:
Receiving Water:
Affected Waters of the
United States:
Related Projects
Implemented/to be
Implemented by the
Applicant(s):
Compensatory
Mitigation:
Public Notice:
Fees:
CIWQS:
U.S. Army Corps of Engineers §404, NWP 14, Lanika
Cervantes
California Department of Fish and Game, Streambed
Alteration Agreement, Marilyn Fluharty
Mitigated Negative Declaration, Encinas Creek Bridge
Replacement, August 20, 2009, SCH# 2009061110, City of
Carlsbad
Encinas Creek, Carlsbad HU, Encinas HA (904.40)
Temporary:
Wetland - 0.004 acre (Coastal and Valley Freshwater
Marsh)
Streambed - 0.064 acre
N/A
Revegetation of temporary impacts to 0.004 acre of Coastal
and Valley Freshwater Marsh shall occur in-place at a 1:1
replacement ratio.
June 22, 2009 - Regional Board website
Total Due: $759.00
Total Paid: $759.00 (check No. 190622)
Regulatory Measure ID: 367309
Place ID: 739754
Party ID: 7838
11
Encinas Creek Bridge Replacement 09C-048
ATTACHMENT 2
DISTRIBUTION LIST
cc via email:
Lanika Cervantes
U.S. Army Corps of Engineers, Regulatory Branch
Lanika.L.Cervantes@usace.army.mil
Marilyn Fluharty
California Department of Fish and Game
mfluharty@dfg.ca.gov
David Smith
Wetlands Regulatory Office
U.S. Environmental Protection Agency, Region 9
R9-WTR8-Mailbox@epa.gov
Bill Orme
State Water Resources Control Board, Division of Water Quality
Stateboard401@waterboards.ca.gov
12
Encinas Creek Bridge Replacement 09C-048
ATTACHMENT 3
PROJECT LOCATION
13
Encinas Creek Bridge Replacement 09C-048
ATTACHMENT 4
SITE MAP
Temporary
Construction
Study Area Boundary
14
Encinas Creek Bridge Replacement 09C-048
ATTACHMENT 5
STREAM PHOTO DOCUMENTATION PROCEDURES
Standard Operating Procedure (SOP)
Stream Photo Documentation Procedure
(CARGO 2001, Written by TAG Visual Assessments work group)
Introduction:
Photographs provide a qualitative, and potentially semi-quantitative, record of
conditions in a watershed or on a water body. Photographs can be used to
document general conditions on a reach of a stream during a stream walk,
pollution events or other impacts, assess resource conditions over time, or can
be used to document temporal progress for restoration efforts or other projects
designed to benefit water quality. Photographic technology is available to
anyone and it does not require a large degree of training or expensive
equipment. Photos can be used in reports, presentations, or uploaded onto a
computer website or GIS program. This approach is useful in providing a visual
portrait of water resources to those who may never have the opportunity to
actually visit a monitoring site.
Equipment:
Use the same camera to the extent possible for each photo throughout the
duration of the project. Either 35 mm color or digital color cameras are
recommended, accompanied by a telephoto lens. If you must change cameras
during the program, replace the original camera with a similar one comparable in
terms of media (digital vs. 35 mm) and other characteristics. A complete
equipment list is suggested as follows:
Required:
• Camera and backup camera
• Folder with copies of previous photos (do not carry original photos in the field)
• Topographic and/or road map
• Aerial photos if available
• Compass
• Timepiece
• Extra film or digital disk capacity (whichever is applicable)
• Extra batteries for camera (if applicable)
• Photo-log data sheets or, alternatively, a bound notebook dedicated to the
project
• Yellow photo sign form and black marker, or, alternatively, a small black
board and chalk
Optional:
15
Encinas Creek Bridge Replacement 09C-048
• GPS unit
• Stadia rod (for scale on landscape shots)
• Ruler (for scale on close up views of streams and vegetation)
• Steel fence posts for dedicating fixed photo points in the absence of available
fixed landmarks
How to Access Aerial Photographs:
Aerial Photos can be obtained from the following federal agencies:
USGS Earth Science Information Center
507 National Center
12201 Sunrise Valley Drive
Reston, VA 22092
800-USA-MAPS
USDA Consolidated Farm Service Agencies
Aerial Photography Field Office
222 West 2300 South
P.O. Box 30010
Salt Lake City, UT 84103-0010
801-524-5856
Cartographic and Architectural Branch
National Archives and Records Administration
8601 Adelphi Road
College park, MD 20740-6001
301-713-7040
Roles and Duties of Team:
The team should be comprised of a minimum of two people, and preferably three
people for restoration or other water quality improvement projects, as follows:
1. Primary Photographer
2. Subject, target for centering the photo and providing scale
3. Person responsible for determining geographic position and holding the photo
sign forms or blackboard.
One of these people is also responsible for taking field notes to describe and
record photos and photo points.
Safety Concerns:
Persons involved in photo monitoring should ALWAYS put safety first. For safety
reasons, always have at least two 2 volunteers for the survey. Make sure that the
16
Encinas Creek Bridge Replacement 09C-048
area(s) you are surveying either are accessible to the public or that you have
obtained permission from the landowner prior to the survey.
Some safety concerns that may be encountered during the survey include, but
are not limited to:
• Inclement weather
• Flood conditions, fast flowing water, or very cold water
• Poisonous plants (e.g.: poison oak)
• Dangerous insects and animals (e.g.: bees, rattlesnakes, range animals such
as cattle, etc.)
• Harmful or hazardous trash (e.g.: broken glass, hypodermic needles, human
feces)
We recommend that the volunteer coordinator or leader discuss the potential
hazards with all volunteers prior to any fieldwork.
General Instructions:
From the inception of any photo documentation project until it is completed,
always take each photo from the same position (photo point), and at the same
bearing and vertical angle at that photo point. Photo point positions should be
thoroughly documented, including photographs taken of the photo point. Refer to
copies of previous photos when arriving at the photo point. Try to maintain a level
(horizontal) camera view unless the terrain is sloped. (If the photo can not be
horizontal due to the slope, then record the angle for that photo.) When photo
points are first being selected, consider the type of project (meadow or stream
restoration, vegetation management for fire control, ambient or event monitoring
as part of a stream walk, etc.) and refer to the guidance listed on Suggestions for
Photo Points by Type of Project.
When taking photographs, try to include landscape features that are unlikely to
change over several years (buildings, other structures, and landscape features
such as peaks, rock outcrops, large trees, etc.) so that repeat photos will be easy
to position. Lighting is, of course, a key ingredient so give consideration to the
angle of light, cloud cover, background, shadows, and contrasts. Close view
photographs taken from the north (i.e., facing south) will minimize shadows.
Medium and long view photos are best shot with the sun at the photographer's
back. Some artistic expression is encouraged as some photos may be used on
websites and in slide shows (early morning and late evening shots may be useful
for this purpose). Seasonal changes can be used to advantage as foliage,
stream flow, cloud cover, and site access fluctuate. It is often important to
include a ruler, stadia rod, person, farm animal, or automobile in photos to
convey the scale of the image. Of particular concern is the angle from which the
photo is taken. Oftentimes an overhead or elevated shot from a bridge, cliff,
peak, tree, etc. will be instrumental in conveying the full dimensions of the
17
Encinas Creek Bridge Replacement 09C-048
project. Of most importance overall, however, is being aware of the goal(s) of
the project and capturing images that clearly demonstrate progress towards
achieving those goal(s). Again, reference to Suggestions for Photo Points by
Type of Project may be helpful.
If possible, try to include a black board or yellow photo sign in the view, marked
at a minimum with the location, subject, time and date of the photograph. A
blank photo sign form is included in this document.
Recording Information:
Use a systematic method of recording information about each project, photo
point, and photo. The following information should be entered on the photo-log
forms (blank form included in this document) or in a dedicated notebook:
• Project or group name, and contract number (if applicable, e.g., for
funded restoration projects)
• General location (stream, beach, city, etc.), and short narrative
description of project's habitat type, goals, etc.
• Photographer and other team members
• Photo number
• Date
• Time (for each photograph)
• Photo point information, including:
o Name or other unique identifier (abbreviated name and/or ID
number)
o Narrative description of location including proximity to and
direction from notable landscape features like roads, fence
lines, creeks, rock outcrops, large trees, buildings, previous
photo points, etc. - sufficient for future photographers who have
never visited the project to locate the photo point
o Latitude, longitude, and altitude from map or GPS unit
• Magnetic compass bearing from the photo point to the subject
• Specific information about the subject of the photo
• Optional additional information: a true compass bearing (corrected for
declination) from photo point to subject, time of sunrise and sunset
(check newspaper or almanac), and cloud cover.
For ambient monitoring, the stream and shore walk form should be attached
or referenced in the photo-log.
When monitoring the implementation of restoration, fuel reduction, or Best
Management Practices (BMP) projects, include or attach to the photo-log a
narrative description of observable progress in achieving the goals of the
project. Provide supplementary information along with the photo, such as
noticeable changes in habitat, wildlife, and water quality and quantity.
18
Encinas Creek Bridge Replacement 09C-048
Archive all photos, along with the associated photo-log information, in a
protected environment.
The Photo Point: Establishing Position of Photographer:
1. Have available a variety of methods for establishing position: maps, aerial
photos, GPS, permanent markers and landmarks, etc. If the primary method
fails (e.g., a GPS or lost marker post) then have an alternate method (map,
aerial photo, copy of an original photograph of the photo-point, etc).
2. Select an existing structure or landmark (mailbox, telephone pole,
benchmark, large rock, etc.), identify its latitude and longitude, and choose
(and record for future use) the permanent position of the photographer
relative to that landmark. Alternatively, choose the procedure described in
Monitoring California's Annual Rangeland Vegetation (UC/DANR Leaflet
21486, Dec. 1990). This procedure involves placing a permanently marked
steel fence post to establish the position of the photographer.
3. For restoration, fuel reduction, and BMP projects, photograph the photo-
points and carry copies of those photographs on subsequent field visits.
Determining the Compass Bearing:
1. Select and record the permanent magnetic bearing of the photo center view.
You can also record the true compass bearing (corrected for declination) but
do not substitute this for the magnetic bearing. Include a prominent landmark
in a set position within the view. If possible, have an assistant stand at a fixed
distance from both the photographer and the center of the view, holding a
stadia rod if available, within the view of the camera; preferably position the
stadia rod on one established, consistent side of the view for each photo
(right or left side).
2. Alternatively, use the procedure described in Monitoring California's Annual
Rangeland Vegetation (UC/DANR Leaflet 21486, Dec. 1990). This procedure
involves placing a permanently marked steel fence post to establish the
position of the focal point (photo center).
3. When performing ambient or event photo monitoring, and when a compass is
not available, then refer to a map and record the approximate bearing as
north, south, east or west.
19
Encinas Creek Bridge Replacement 09C-048
Suggestions for Photo Points by Type of Project:
Ambient or Event Monitoring, Including Photography
Associated with Narrative Visual Assessments:
1. When first beginning an ambient monitoring program take representative long
and/or medium view photos of stream reaches and segments of shoreline
being monitored. Show the positions of these photos on a map, preferably on
the stream/shore walk form. Subjects to be photographed include a
representative view of the stream or shore condition at the beginning and
ending positions of the segment being monitored, storm drain outfalls,
confluence of tributaries, structures (e.g., bridges, dams, pipelines, etc.).
2. If possible, take a close view photograph of the substrate (streambed), algae,
or submerged aquatic vegetation.
3. Time series: Photographs of these subjects at the same photo points should
be repeated annually during the same season or month if possible.
4. Event monitoring refers to any unusual or sporadic conditions encountered
during a stream or shore walk, such as trash dumps, turbidity events, oil
spills, etc. Photograph and record information on your photo-log and on your
Stream and Shore Walk Visual Assessment form. Report pollution events to
the Regional Board. Report trash dumps to local authorities.
All Restoration and Fuel Reduction Projects - Time Series:
Take photos immediately before and after construction, planting, or vegetation
removal. Long term monitoring should allow for at least annual photography for a
minimum of three years after the project, and thereafter at 5 years and ten years.
Meadow Restoration:
1. Aerial view (satellite or airplane photography) if available.
2. In the absence of an aerial view, a landscape, long view showing an
overlapping sequence of photos illustrating a long reach of stream and
meadow (satellite photos, or hill close by, fly-over, etc.)
20
Encinas Creek Bridge Replacement 09C-048
3. Long view up or down the longitudinal dimension of the creek showing
riparian vegetation growth bounded on each side by grasses, sedges, or
whatever that is lower in height
4. Long view of conversion of sage and other upland species back to meadow
vegetation
5. Long view and medium view of streambed changes (straightened back to
meandering, sediment back to gravel, etc.)
6. Medium and close views of structures, plantings, etc. intended to induce
these changes
Stream Restoration/stabilization:
1. Aerial view (satellite or airplane photography) if available.
2. In the absence of an aerial view, a landscape, long-view showing all or
representative sections of the project (bluff, bridge, etc.)
3. Long view up or down the stream (from stream level) showing changes in the
stream bank, vegetation, etc.
4. Long view and medium view of streambed changes (thalweg, gravel,
meanders, etc.)
5. Medium and close views of structures, plantings, etc. intended to induce
these changes.
6. Optional: Use a tape set perpendicular across the stream channel at fixed
points and include this tape in your photos described in 3 and 4 above. For
specific procedures refer to Harrelson, Cheryl C., C.L. Rawlins, and John P.
Potyondy, Stream Channel Reference Sites: An Illustrated Guide to Field
Techniques, United States Department of Agriculture, Forest Service, Rocky
Mountain Forest and Range Experiment Station, General Technical Report
RM-245.
Vegetation Management for Fire Prevention ("fuel
reduction"):
1. Aerial view (satellite or airplane photography) if available.
21
Encinas Creek Bridge Replacement 09C-048
2. In the absence of an aerial view, a landscape, long view showing all or
representative sections of the project (bluff, bridge, etc.)
3. Long view (wide angle if possible) showing the project area or areas.
Preferably these long views should be from an elevated vantage point.
4. Medium view photos showing examples of vegetation changes, and plantings
if included in the project. It is recommended that a person (preferably holding
a stadia rod) be included in the view for scale
5. To the extent possible include medium and long view photos that include
adjacent stream channels.
Stream Sediment Load or Erosion Monitoring:
1. Long views from bridge or other elevated position.
2. Medium views of bars and banks, with a person (preferably holding a stadia
rod) in view for scale.
3. Close views of streambed with ruler or other common object in the view for
scale.
4. Time series: Photograph during the dry season (low flow) once per year or
after a significant flood event when streambed is visible. The flood events
may be episodic in the south and seasonal in the north.
5. Optional: Use a tape set perpendicular across the stream channel at fixed
points and include this tape in your photos described in 1 and 2 above. For
specific procedures refer to Harrelson, Cheryl C., C.L. Rawlins, and John P.
Potyondy, Stream Channel Reference Sites: An Illustrated Guide to Field
Techniques, United States Department of Agriculture, Forest Service, Rocky
Mountain Forest and Range Experiment Station, General Technical Report
RM-245.
22
Encinas Creek Bridge Replacement
PHOTO- LOG FORM
Project:
Location:
Date:
Photographer:
Team members:
09C-048
Photo
#Time
Photo
Point
ID
Photo Pt. Description
& Location Bearing to Subject Subject Description
General Notes or Comments (weather, cloud cover, time of sunrise and sunset,
other pertinent information):
23
Encinas Creek Bridge Replacement 09C-048
24
Encinas Creek Bridge Replacement 09C-048
PHOTO SIGN FORM: Print this form on yellow paper. Complete the following
information for each photograph. Include in the photographic view so that it will
be legible in the finished photo.
Location:
Subject Description:
Date:
Time:
25
1 PLANNING COMMISSION RESOLUTION NO. 6624
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, ADOPTING A
MITIGATED NEGATIVE DECLARATION AND A
4 MITIGATION MONITORING AND REPORTING PROGRAM
TO REPLACE AN EXISTING BRIDGE ON PROPERTY
GENERALLY LOCATED ON SOUTHBOUND CARLSBAD
6 BOULEVARD APPROXIMATELY 0.06 MILE SOUTH OF
PALOMAR AIRPORT ROAD AND 1 MILE NORTH OF
7 POINSETTIA LANE IN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND WITHIN LOCAL
8 FACILITIES MANAGEMENT ZONE 22.
9 CASE NAME: ENCINAS CREEK BRIDGE REPLACEMENT
CASE NO.: CDP 09-08/SUP 09-03/HMP 09-06
10
WHEREAS, City of Carlsbad, "Developer," has filed a verified application with
the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner," described as
13 Public right-of-way on a portion of southbound Carlsbad
Boulevard between Palomar Airport Road and Poinsettia Lane
14
("the Property"); and
, 6 WHEREAS, a Mitigated Negative Declaration and Mitigation Monitoring and
17 Reporting Program was prepared in conjunction with said project; and
18 WHEREAS, as part of the public review of the Mitigated Negative
19 Declaration, the City received two comment letters, one from the California Department of
20 Parks and Recreation, and the other from the California Coastal Commission; and
21
WHEREAS, staff wrote response letters to the two comment letters received,
22
the two comment letters, and staffs responses are attached; and
24 WHEREAS, as part of its response to the comments, page 4 of the EIA Part
25 II was modified slightly as a result of comments received during the public review period,
"° in order to clarify what is meant by the creek being subject to tidal influence during
extreme high tides; and
28
WHEREAS, the minor addition does not require recirculation of the
Mitigated Negative Declaration in accordance with CEQA Section 15073.5(c)(4), since the
additional information merely clarifies, amplifies, or makes insignificant modifications to
2 the environmental document; and
3
WHEREAS, the minor addition to the EIA Part II is shown as bolded and
4
<- underlined; and
6 WHEREAS, the Planning Commission did on August 19, 2009, hold a duly
7 noticed public hearing as prescribed by law to consider said request; and
° WHEREAS, at said public hearing, upon hearing and considering all testimony
9 and arguments, examining the initial study, analyzing the information submitted by staff, and
10
considering any written comments received, the Planning Commission considered all factors
11
relating to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
13 Program.
14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
15 Commission as follows:
A) That the foregoing recitations are true and correct.
17
B) That based on the evidence presented at the public hearing, the Planning
18 Commission hereby ADOPTS the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, Exhibit "MND" according to
Exhibits "Notice of Intent (NOI)," and "Environmental Impact Assessment Form
2Q - Initial Study (EIA)," attached hereto and made a part hereof, based on the
following findings:
21
Findings;
22
1. The Planning Commission of the City of Carlsbad does hereby find:
24 a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for ENCINAS CREEK
25 BRIDGE REPLACEMENT - CDP 09-08, SUP 09-03, AND HMP 09-06 the
environmental impacts therein identified for this project and any comments
26 thereon prior to APPROVING the project; and
b. that the addition of a sentence on Page 4, which occurred after the 30-day
28 public review of the draft MND, and resulted in no changes to the project,
does not require recirculation of the Mitigated Negative Declaration since the
changes are consistent with the description of "new information" in CEQA
PCRESONO. 6624 -2-
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c.
d.
e.
Section 15073.5(c)(4), which states recirculation is not required if "new
information is added to the negative declaration which merely clarifies,
amplifies, or makes insignificant modifications to the negative declaration;"
and
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program has been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program reflects the independent judgment of the Planning Commission of the
City of Carlsbad; and
based on the EIA and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 19,2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAS, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
1L2L
DON NEU
Planning Director
PCRESONO. 6624 -3-
1 PLANNING COMMISSION RESOLUTION NO. 6625
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL
DEVELOPMENT PERMIT CDP 09-08 TO REPLACE AN
4 EXISTING BRIDGE ON PROPERTY GENERALLY LOCATED
ON SOUTHBOUND CARLSBAD BOULEVARD
APPROXIMATELY 0.06 MILE SOUTH OF PALOMAR
6 AIRPORT ROAD AND 1 MILE NORTH OF POINSETTIA
LANE IN THE MELLO II SEGMENT OF THE LOCAL
7 COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 22.
8 CASE NAME: ENCINAS CREEK BRIDGE REPLACEMENT
9 CASE NO.: CDP 09-08
10 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application
1' with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner,"
12 described as
13
Public right-of-way on a portion of southbound Carlsbad
Boulevard between Palomar Airport Road and Poinsettia Lane
15 ("the Property"); and
16
WHEREAS, said verified application constitutes a request for a Coastal
17
Development Permit as shown on Exhibits "A" - "P" dated August 19, 2009, on file in the18
19 Planning Department, ENCINAS CREEK BRIDGE REPLACEMENT - CDP 09-08, as
20 provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on August 19, 2009, hold a duly
22 noticed public hearing as prescribed by law to consider said request; and
23
WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CDP.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2 ° Commission of the City of Carlsbad as fol lows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES ENCINAS CREEK BRIDGE REPLACEMENT- CDP 09-08
based on the following findings and subject to the following conditions:
3 Findings;
1. That the proposed development is in conformance with the Certified Local Coastal
<- Program and all applicable policies in that the proposed bridge replacement will not
obstruct views of the coastline as seen from public lands or the public right-of-way,
6 nor otherwise damage the visual beauty of the coastal zone. The architectural
design of the bridge is similar to the architecture of the existing bridge, but the
replacement bridge is narrower and has less obtrusive hand rails (the existing
baluster railing is no longer an approved railing). In addition, new concrete
structure, properly designed and built, will not exhibit any distress; using an arch-
9 type span will present a more pleasant and open view into the creek; reducing the
width of the bridge will substantially increase natural light going through the
10 bridge; increasing the opening to 36' not only provides for an efficient flow, but
adds an elegance to the overall structural arch system; and colored concrete is being
proposed to enhance the visual impact. Therefore, the visual beauty of the coastal
zone will not diminish with the proposed bridge replacement.
13 No agricultural uses currently exist on the site or within the area. The proposed
project is not located in an area of known geologic instability. The bridge is located
14 above a flood hazard area; however, the bridge is being constructed to be able to
accommodate a 100-year flood. Since the site is located adjacent to the coast, the
proposed concrete barrier and hand rail on the bridge is proposed to be an open
design to allow the public view of the coastline. A bike lane and sidewalk is also
proposed to allow access to the shoreline.
17
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the proposed bridge replacement will improve traffic flow
and maintain public sidewalks which will facilitate pedestrian and vehicular coastal
access. Riprap would be added for approximately 118 feet to the north of the bridge
20 and approximately 149 feet south of the bridge to stabilize the currently eroding
roadway embankment. The new riprap would not extend beyond the footprint of
the existing riprap. The proposed structure would reduce the overall width of the
»~ bridge by approximately 26 feet and 2 inches (6 feet 11 inches to the west and 19 feet
3 inches to the east). The wingwalls on the west side of the bridge would be placed
23 parallel to the roadway. Therefore, lateral access to the beach will be maintained.
24 Excavation and backfill equipment will be stationed on the roadway above the
bridge and will remove all concrete structures from above. The sheet piles are
driven into the ground by either a drop hammer, or a vibratory hammer using a
crane with the appropriate attachments. The contractor is not allowed to have any
equipment east of the easterly sheet piles and west of the westerly sheet piles, nor
27 store any material or equipment on the beach. Beach activity will be limited to
installation of sheet piling and replacement and supplement of riprap. In addition,
28 the project will not start until after the Carlsbad Marathon, which is scheduled for
January 24, 2010, and be completed prior to the Memorial Day weekend. No work
PC RESO NO. 6625 -2-
will occur between Memorial Day weekend and Labor Day weekend due to heavy
2 use of the beach area during the summer months. With these project design
elements and schedule the project would minimize impacts to coastal resources.
3
3. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
4 of the Land Use Plan, certified September 1990, and therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
Ordinance).
4. The project is consistent with the provisions of the Coastal Resource Protection Overlay
7 Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
8 Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes are located on the subject property and the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, or liquefaction. The
bridge is located above a flood hazard area; however, the bridge is being
11 constructed to be able to accommodate a 100-year flood. There will be minor
grading to remove the existing bridge and place the proposed bridge in the same
location. All spoils will be removed from the site. There are no prime agricultural
, -, lands near the site. There are disturbed sensitive vegetation communities to the east
of the roadway. Impacts to biological resources are primarily limited to direct and
14 indirect temporary construction impacts. However, to reduce these potentially
significant impacts to a less than significant level, mitigation measures contained in
the project's Mitigation Monitoring and Reporting Program (MMRP), are required.
The project is consistent with the provisions of the Coastal Shoreline Development
Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that no development is
proposed in areas of steep slopes (coastal bluff). Native vegetation located on the
18 east side of the bridge will be temporarily impacted during construction. However,
as stated above all impacts will be mitigated for according to the mitigation
measures contained in the project's MMRP, which is consistent with the City's
„„ HMP. The site is not located in an area prone to landslides, or susceptible to
accelerated erosion or liquefaction. While the area may be subject to flooding, the
21 proposed bridge is designed to accommodate a 100-year flood.
22 6. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to this project, and the extent and the
», degree of exaction is in rough proportionality to the impact caused by the project.
25 Conditions:
26 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to start of
construction.
27
~o 1- If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
PC RESO NO. 6625 -3-
implemented and maintained according to their terms, the City shall have the right to
2 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
3 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
5 or a successor in interest by the City's approval of this Coastal Development Permit.
6 2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Coastal Development Permit documents, as
7 necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
Any proposed development, different from this approval, shall require an amendment to
9 this approval.
10 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
j 2 4. Developer shall implement, or cause the implementation of, the Encinas Creek Bridge
Replacement Project Mitigation Monitoring and Reporting Program.
13
5. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
6. Developer shall include, as part of the plans submitted for any permit plancheck, a
16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
, g 7. This approval is granted subject to the approval of Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, and approval of SUP 09-03 and
19 HMP 09-06 and is subject to all conditions contained in Planning Commission
Resolutions No. 6624, 6626, and 6627for those other approvals incorporated herein by
20 reference.
71 8. Staging areas for temporarily storing construction equipment and material shall be
22 located within the closed southbound lanes of Carlsbad Boulevard, just north of the
project site. Excavation and backfill equipment will be stationed on the roadway
23 above the bridge. No equipment is allowed east of the easterly sheet piles and west of
the westerly sheet piles, nor store any material or equipment on the beach.
25 9. The project will not start until after the Carlsbad Marathon, which is scheduled for
January 24, 2010, and be completed prior to Memorial Day weekend (Saturday,
26 Mav 29» 2010). No work will occur between Memorial Day weekend and Labor Day
weekend due to heavy use of the beach area during the summer months.
27
10. This approval shall become null and void if the Notice to Proceed is not issued or
commencement of construction does not occur for this project within two (2) years of
PC RESO NO. 6625 -4-
approval or this coastal development permit will expire unless extended per Section
2 21.201.210 of the Zoning Ordinance.
3 Engineering:
11. Prior to the issuance of Notice to Proceed, the contractor shall submit to the Traffic
<- Engineer a Traffic Control Plan, which shall show a detour plan for routing vehicular
traffic around the construction site during the construction of the project.
6
12. Prior to the commencement of construction, the City will approve a Storm Water
1 Pollution and Prevention Plan (SWPPP). The contractor shall comply with the SWPPP
and current requirements and provisions established by the San Diego Region of the
California Regional Water Quality Control Board and City of Carlsbad Requirements.
o Code Reminders:
13. Developer shall exercise special care during the construction phase of this project to
i prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
12 of the City Engineer.
14. Approval of this request shall riot 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.
15
15. The project shall comply with the latest nonresidential disabled access requirements
16 pursuant to Title 24 of the California Building Code.
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PC RESO NO. 6625 -5-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 19, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAS, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6625 -6-
1 PLANNING COMMISSION RESOLUTION NO. 6626
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
FLOODPLAIN SPECIAL USE PERMIT TO REPLACE AN
4 EXISTING BRIDGE ON PROPERTY GENERALLY LOCATED
5 ON SOUTHBOUND CARLSBAD BOULEVARD
APPROXIMATELY 0.06 MILE SOUTH OF PALOMAR
6 AIRPORT ROAD AND I MILE NORTH OF POINSETTIA
LANE IN THE MELLO II SEGMENT OF THE LOCAL
7 COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 22.
CASE NAME: ENCINAS CREEK BRIDGE REPLACEMENT
9 CASE NO.: SUP 09-03
10 WHEREAS, the City of Carlsbad, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner,"
12 described as
13
Public right-of-way on a portion of southbound Carlsbad
'4 Boulevard between Palomar Airport Road and Poinsettia Lane
15 ('the Property"); and
16
WHEREAS, said verified application constitutes a request for a Floodplain
17
Special Use Permit as shown on Exhibits "A" - "P" dated August 19, 2009, on file in the18
19 Planning Department, ENCINAS CREEK BRIDGE REPLACEMENT - SUP 09-03, as
20 provided by Chapter 21.110 of the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did on August 19, 2009, hold a duly
22 noticed public hearing as prescribed by law to consider said request; and
23
WHEREAS, at said public hearing, upon hearing and considering all testimony
24
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
£*-J
2ft relating to the Floodplain Special Use Permit.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2° Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES ENCINAS CREEK BRIDGE REPLACEMENT - SUP 09-03,
based on the following findings and subject to the following conditions:
3
Findings:4
c I. The site is reasonably safe from flooding in that the proposed concrete arched bridge is
designed to accommodate a 100-year flood. Encinas Creek flows into the Pacific
6 Ocean, which would prevent any water in the creek from backing up and spilling
onto Carlsbad Boulevard. In addition, supplemental riprap would be installed in the
7 same location as the existing riprap to protect the road and bridge from wave action
during extreme high tides.o
9 2. The project as proposed has been designed to minimize the flood hazard to the habitable
portions of the structure in that the bridge replacement project does not include any
10 habitable portions.
3. The proposed project does not create a hazard for adjacent or upstream properties or
12 structures in that the proposed concrete arched bridge is designed to accommodate a
100-year flood. In addition, Encinas Creek flows into the Pacific Ocean, which
13 would prevent any water in the creek from creating a hazard to any structures
upstream of the bridge.
14
. , 4. The proposed project does not create any additional hazard or cause adverse impacts to
downstream properties or structures in that bridge is adjacent to the beach and Pacific
16 Ocean. There are no properties or structures downstream from the bridge.
17 5. 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 proposed concrete arched bridge is designed to
accommodate a 100-year flood.
19
6. The proposed project taken together with all the other known, proposed, and anticipated
20 projects will not increase the water surface elevation of the base flood more than one foot
at any point in that the proposed bridge replacement project will improve the flow of
the creek, thereby increasing floodwater capacity.
22 7. All other required state and federal permits have been or will be obtained prior to
23 construction of the project.
24 Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
26 and modifications to the Special Use Permit document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
27 shall occur substantially as shown in the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
28
PC RESO NO. 6626 -2-
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2. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, and approval of CDP 09-08
and HMP 09-06 and is subject to all conditions contained in Planning Commission
Resolutions No. 6624, 6625, and 6627 for those other approvals incorporated herein by
reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on August 19, 2009 by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAsTTTce Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6626 -3-
1 PLANNING COMMISSION RESOLUTION NO. 6627
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
HABITAT MANAGEMENT PLAN PERMIT TO ALLOW THE
4 INCIDENTAL TAKE OF SPECIES OF CONCERN TO
5 REPLACE AN EXISTING BRIDGE ON PROPERTY
GENERALLY LOCATED ON SOUTHBOUND CARLSBAD
6 BOULEVARD APPROXIMATELY 0.06 MILE SOUTH OF
PALOMAR AIRPORT ROAD AND 1 MILE NORTH OF
7 POINSETTIA LANE IN THE MELLO II SEGMENT OF THE
LOCAL COASTAL PROGRAM AND WITHIN LOCAL
8 FACILITIES MANAGEMENT ZONE 22.
9 CASE NAME: ENCINAS CREEK BRIDGE REPLACEMENT
CASE NO.: HMP 09-06
10
WHEREAS, the City of Carlsbad, "Developer," has filed a verified application
12 with the City of Carlsbad regarding property owned by the City of Carlsbad, "Owner,"
13 described as
Public right-of-way on a portion of southbound Carlsbad
Boulevard between Palomar Airport Road and Poinsettia Lane
16 ("the Property"); and
17 WHEREAS, the City of Carlsbad has received authorization to issue permits to
i o impact various sensitive species and habitats, including species listed as Threatened or
19 Endangered, by virtue of Incidental Take Permit No. TE022606-0 from the U.S. Fish and
20
Wildlife Service and Natural Community Conservation Planning Permit No. 2835-2004-001-05;
21
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23 WHEREAS, the authority stated above is based on a plan titled Habitat
24 Management Plan for Natural Communities in the City of Carlsbad, Final Approval November
^ 2004, referred to as the HMP, and approval of all projects is contingent on a finding of
26 consistency with the HMP; and
27
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WHEREAS, said verified application by Developer constitutes a request for a
2 Habitat Management Plan Permit pursuant to the City's authority as contained in Chapter
3
21.210 of the Zoning Ordinance, on file in the Planning Department; and
4
WHEREAS, the Planning Commission did on August 19, 2009, consider said
6 request; and
7 WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
9
relating to the Habitat Management Plan Permit.
10
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
12 Commission as follows:
13 A) That the foregoing recitations are true and correct.
14 B) That the ENCINAS CREEK BRIDGE REPLACEMENT project is consistent
with the HMP as described in the following findings.
15 C) That based on the evidence presented at the hearing, the Commission
APPROVES the Habitat Management Plan Permit, HMP 09-06, for the
17 ENCINAS CREEK BRIDGE REPLACEMENT based on the following
findings and subject to the following conditions:
1 o
Findings;
20 1. That the ENCINAS CREEK BRIDGE PROJECT is not shown in Figure 28 of the
approved HMP as an existing hardline, proposed hardline, proposed standards, core
or linkage area. The project is in a disturbed area; however, there are sensitive
~~ vegetation communities within the Area of Potential Effects (APE) and there will be
some temporary and permanent impacts to the biological resources. Specifically, the
23 area of impact will be on the east side of the bridge during bridge removal and
replacement.
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2. That authorization to take species of concern, through the take of sensitive species (see
BIO-1, Table 1 -Mitigation Ratios, which show permanent and temporary impacts
26 to vegetation communities provided in the Draft Mitigation Monitoring and
Reporting Program that was prepared for the project) is subject to continuous
27 compliance with all provisions of the Habitat Management Plan for Natural Communities
in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP,
the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit,
and the Biological Opinion.
PC RESO NO. 6627 -2-
That authorization to impact sensitive habitats of species of concern is subject to
2 continuous compliance with all mitigation measures as stated in the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program and is subject to all
3 conditions contained in Planning Commission Resolutions No. 6624, 6625, and 6626 for
those other approvals incorporated herein by reference.4
4. That authorization to impact sensitive habitats and take of species of concern is subject to
continuous compliance with the provisions of Volumes I, II and III of the Multiple
Habitat Conservation Program and the Final Environmental Impact
Statement/Environmental Impact Report for Threatened and Endangered Species Due
to Urban Growth within the Multiple Habitat Conservation Program Planning Area
0 (SCH No. 93121073).o
9 5. That all impacts to habitat and all take of species will be incidental to otherwise lawful
activities related to construction and operation of the ENCINAS CREEK BRIDGE
10 REPLACEMENT project.
6. That the project design as approved by the City of Carlsbad has avoided and minimized
1 ~ impacts to wildlife habitat and species of concern to the maximum extent practicable.
Specifically; most of the impacts are temporary construction impacts to disturbed
13 habitat (0.255 acre). Permanent impacts (0.016 acre) are also to disturbed habitat.
The proposed structure would reduce the overall width of the bridge by
approximately 26 feet and 2 inches (6 feet 11 inches to the west and 19 feet 3 inches
to the east). The wingwalls on the west side of the bridge would be placed parallel to
the roadway. No equipment or storage will be allowed on the beach No equipment is
allowed east of the easterly sheet piles and west of the westerly sheet piles, nor store
any material or equipment on the beach or in the adjacent sensitive habitat. With
17 these project design elements the project would minimize impacts to wildlife habitat
and species of concern.
18
, n 7. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the
20 HMP Implementing Agreement.
21 8. That the authorization to impact sensitive habitats and incidental take of species of
concern as a result of the project will not appreciably reduce the likelihood of survival
and recovery of the species in the wild due to compliance with all of the above stated
23 requirements, as well as ongoing monitoring and reporting to the wildlife agencies and
the public.
24
9. That the Planning Director is authorized to sign the Take Permit.
10. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
27 implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
28 continuing to allow compatible development in accordance with Carlsbad's Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
PCRESONO. 6627 -3-
the Open Space and Conservation Element of the City's General Plan which provides for
2 the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
3 new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. All temporary and permanent
^ impacts caused by the Encinas Creek Bridge Replacement project will be mitigated
c on site by replanting native species adjacent to or within impact areas.
6 Conditions:
7 1. If any of the following conditions fail to occur; or if they are, by their terms,' to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
9 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
10 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
,2 or a successor in interest by the City's approval of this Habitat Management Plan
Permit.
13
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Habitat Management Plan Permit documents, as necessary to
, make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
16 development different from this approval, shall require an amendment to this approval.
17 3. 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
20 all requirements of law.
4. This approval is granted subject to the approval of the Mitigated Negative Declaration,
22 and Mitigation Monitoring and Reporting Program, and approval of CDP 09-08,
and SUP 09-03, and is subject to all conditions contained in Planning Commission
23 Resolutions No. 6624, 6625, and 6626 for those other approvals incorporated herein by
reference.
24
5. As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
26 of the environmental documents for the project.
27 6. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
analysis for this project. All impacts will be mitigated per the requirements of the
PC RESO NO. 6627 -4-
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City's HMP and the
Reporting Program
Mitigated Negative Declaration and Mitigation
AH temporary and permanent impacts caused
Monitoring and
by the Encinas
Creek Bridge Replacement project will be mitigated on site by replanting native
species adjacent to or within impact areas.
PASSED, APPROVED AND ADOPTED at a regular meeting
Commission of the City of Carlsbad, held on August 19, 2009, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
_^^^^MMMMHI^^b_<^"r?
— ^^-FARRAH DOUGLA37v*ice
of the Planning
vote, to wit:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
Chairperson Montgomery
, — •*>
Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ilX,
DONNEU
Planning Director
PC RESO NO. 6627 -5-