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HomeMy WebLinkAboutPLANES BOATS AND AUTOMOBILES LTD; 2012-08-23; PWM13-08UTILPWM13-08UTIL Carlsbad Municipal Water District MINOR PUBLIC WORKS CONTRACT Project Manager Sherri Howard Date Issued: August 3, 2012 (760) 602-2756 Mail or Deliver to: Purchasing Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 DESCRIPTION Labor, materials and equipment to remove sediment from Bristol Cove and place 20 cubic yards of 2 ton rip rap at storm drain outlet per attached plan DWG 465-7. No job walk-through scheduled. Contractors to arrange site visit by contacting: Project Manager: Sherri Howard Phone No. 760-602-2756 Submission of bid implies knowledge of all job terms and conditions. Contractor acknowledges receipt of Addendum No. 1 ( ), 2 ( ), 3 ( ), 4 ( ), 5 ( ). SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor Planes. Boats and Automobiles. Ltd 760-729-7913 Name Telephone 800 Grand Avenue. Suite A-9 760-729-7913 Address Fax Carlsbad. CA 92008 pba@qmail.com City/State/Zip E-Mail Address Name and Title of Person Authorized to sign contracts. ^ Sig?ikure ^ Name / Title Date ^ JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION TOTAL PRICE 1 LS 1 Remove sediment from Bristol cove and place rip rap $33,085 2 Stipulated 1 Contingency $2,000 Total $35,085 Quote Lump Sum, including all applicable taxes. Award is by total price. Evaluation and Award. Bids are binding subject to acceptance at any time within 90 days after opening, unless otherwise stipulated by the Carlsbad Municipal Water District Award will be made by the Purchasing Officer to the lowest, responsive, responsible contractor. The District reserves the right to reject any or all bids and to accept or reject any item(s) therein or waive any informality in the bid. In the event of a conflict between unit price and extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the bid will be rejected as non-responsive for the reason of the inability to determine the intended bid. The District reserves the right to conduct a pre-award inquiry to determine the contractor's ability to perform, including but not limited to facilities, financial responsibility, materials/supplies and past performance. The determination ofthe District as to the Contractor's ability to perform the contract shall be conclusive. SUBMITTED BY: Planes. Boats and Automobiles. Ltd. Company/Busiriess Name A-816826 jtlpri: Contractor's License Number Autiiorized Signature ited Name and Title 7 Printed Name and Title Date 0 Classification(s) Expiration Date TAX IDENTIFICATION NUMBER (Corporations) Federal Tax I.D.#: 91-1870290 FEIN Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMENT OF CONSUMER AFFAIRS . Contractors State License Board Contractor's License Detail - License # 816826 DISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB connplaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms ofthe arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number Business Information Entity Issue Date Expire Date License Status Classifications Bonding Workers' Compensation 816826 Extract Date 8/15/2012 PLANES BOATS AND AUTOMOBILES LTD Business Phone Number: (760) 272-1507 800 GRAND AVE #A9 CARLSBAD, CA 92008 Corporation 01/28/2003 01/31/2013 ACTIVE This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed a Contractor's Bond with AEGIS SECURITY INSURANCE COMPANY. Bond Number: 516557 Bond Amount: $12,500 Effective Date: 01/15/2011 Contractor's Bond Historv BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) FILES GILBERT RAY certified that he/she owns 10 percent or more ofthe voting stock/equity ofthe corporation. A bond of qualifying individual is not required. Effective Date: 01/28/2003 WORKERS' COMPENSATION https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=81... 8/15/2012 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Effective Date: 11/27/2002 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use | Privacv Policv Copyright © 2010 State of California https://vwm2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=81... 8/15/2012 DESIGNATION OF SUBCONTRACTORS Set forth below is the full name and location of the place of business of each sub-contractor whom the contractor proposes to subcontract portions of the work in excess of one-half of one percent of the total bid, and the portion of the work which will be done by each sub-contractor for each subcontract. NOTE: The contractor understands that if he fails to specify a sub-contractor for any portion of the work to be perfonned under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the contractor shall not be pennitted to sublet or subcontract that portion of the work, except in cases of the public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." PORl SUB nON OF WORK TO BE CONTRACTED SUBCONTRACTOR* MBE Item No. Description of Work % of Total Contract Business Name and Address License No., Classification & Expiration Date Yes No Total % Subcontracted: * Indicate Minority Business Enterprise (MBE) of subcontractor. CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT (Less than $45,000) Labor: I propose to employ only skilled workers and to abide by all State and City of Carlsbad Ordinances governing labor, including paying the general prevailing rate of wages for each craft or type of worker needed to execute the contract. Guarantee: I guarantee all labor and materials furnished and agree to complete work in accordance with directions and subject to inspection approval and acceptance by: Sherri Howard (project manager) Wage Rates: The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer, The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution ofthe contract False Claims Contract hereby agrees that any contract claim submitted to the District must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false infonnation or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may be subject to the contractor to an administrative debannent proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debamnent by another jurisdiction is grounds for the Carlsbad Municipal Water District to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: Commercial General Liability, Automobile Liability and Workers' Compensation Insurance: The successful contractor shall provide to the Carlsbad Municipal Water District, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission, The certificates shall indicate coverage during the period of the contract and must be furnished to the District prior to the start of work. The minimum limits of liability Insurance are to be placed with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clause providing that thirty (30) days written notice shall be given to the District prior to such cancellation. The policies shall name the Carlsbad Municipal Water District as additional insured. Indemnity: The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City and the District, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly ahsing from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature ofthe work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City or the District. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Jurisdiction: The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: I agree to start when low tide allows work to be done in three (3) working days and after receipt of Notice to Proceed. Completion: I agree to complete work within six (6) months after receipt of Notice to Proceed. The purpose of this time period is because this project needs to be completed during daylight hours and during low tide. CONTRACTOR: Planes. Boats and Automobiles. Ltd, (name of Contractor) By: CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, andj_Subsidiary District of the Citrof Carlsbat (sigr) here) By: (pnnt name and title) ' (e-mail address) (address) (sign here) Dhnt name and title) (print (e-mail address) (address) (telephone no.) ATTEST: LORRAINE M. WOOD Secretary (city/state/zip) (telephone no.) (fax no.) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: Deputy City Attorney ^ TABLE OF CONTENTS Appendix A Proposal Appendix B Notice of Exemption SUP 11-01 Appendix C SUP 11-01 Appendix D CDFG Lake or Streambed Alteration Agreement 1600-2012-0033-R5 Appendix E RWQCB Application 12C-001 Certification by Default Appendix F CA Coastal Commission Pernnit No. 6-12-20 Appendix G Tier 1 Storm Water Pollution Prevention Plan Appendix H DWG 465-7, Sheet 1 of 1 Appendix I Spec Sheet for ABASCO Type II Turbidity Curtain Appendix J Department of the Army Nationwide Permit Verification SPL2012-00068-PJB Appendix K Notifications Appendix A Proposal PROPOSAI TO: SHERI HOWARD FROM: KEVIN DOHERTY COMPANY: DATE: City of Carlsbad 7.17.12 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: PHONE NUMBER: RE: Bristal Cove Sediment Removal • URGENT • FOR REVIEW • PLEASE COMMENT • PLEASE REPLY • PLEASE RECYCLE NOTES/COMMENTS: SITE: Bristal Cove Sediment Removal SCOPE: Remove with long stick excavator 25 yards of sediment form cove. Place 20 yards of 2 ton Rip Rap at storm drains exit area along coves banking. Move smaller existing ones along side where needed, Haul sediment on visqueen lined trucks to Tamarack pump station to let dry out, then load & haul to dump site. Clean up & surface area when flnished. PRICE INCLUDES the FOLLOWING: -Turbidity curtain & installation & removal -Long stick excavator fueled & operated -Trench plates for excavator to run on -Visqueen to line trucks -All trucking costs -Skip loader to haul away material after it dry's out -All dump fees -Removal of 25 yards of sand 8c silt ^ COKmKKA^PCV ^ , -20 yards of 2 ton Rip Rap P/w^O -rZ/Wi? A-/JD HA^'M-S -All labor to complete the job in a professional manner 'S^C^OI^ 3^3 TOTAL LABOR & MATERIALS= $ 33,085.00 (Price Includes prevailing wage) ^ Jhonk You, please call me at 760.801.5238 wifli any questions. 800 GRAND AVE, STE A-9 - CARLSBAD - CA - 92008 PH: 760/729-5428 FX: 760/729-7917 LICENSE # 816826 Appendix B Notice of Exemption SUP 11-01 NOTICE OF EXEMPTION |CITrOPCARLS8AD| i Q ^ 2GII j To: SD County Clerk Attn: Linda Kesian Mail Stop A-33 1600 Pacific Highway San Diego CA 92101 From: CITY OF CARLSBAIX^__ Planning Division 1635 Faraday Avenue Carlsbad CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b ofthe Public Resources Code (Califomia Environmental Quality Act). Project Number and Title; SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL Project Location Specific; Located at the northem end of Bristol Cove boat channel south of the intersection of Park Drive and Cove Drive. Project Location - Citv: Carlsbad Project Location - Countv: San Diego Description of Project: Maintenance dredging of approximately 25 cubic yards of accumulated sediment and installing additional rip-rap protection. Name of Public Agency Approving Proiect: Citv of Carlsbad Name of Person or Agency Carrying Out Project; Citv of Carlsbad Name of AppUcant: Sherri Howard, Associate Engineer, City of Carlsbad Applicant's Address; 1635 Faraday Avenue, Carlsbad, CA 92008 Applicant's Telephone Number: 760-602-2756 —P 0 EL 11 © fcn>esl.l Dronenbuig ,lr.. Recover Couniv Clerk Exempt Status: {Check One) 28E011 • Ministerial (Section 21080(b)(1); 15268); 3Y • Declared Emergency (Section 21080(b)(3); 15269(a)); " DEPUTY • Emergency Project (Section 21080(b)(4); 15269 (b)(c)); iSl Categorical Exemption - State type and section number: Section 15304(g) - maintenance dredging and 1530Ud) - restoration or rehabilitation of deteriorated or damaged structures • Statutory Exemptions - State code number: • General rule (Section 15061 (b)(3)) Reasons why project is exempt: maintenance dredging where the spoil is deposited in a spoil area authorized bv all applicable state and federal regulatory agencies and restoration or rehabilitation of deteriorated or damaged structures. Telephone: (760) 602-4644 HLED IN THE OFRCE (^ECOU^^ 9^<g^ s^an Diego County 00 ^ Dioso Cgufitv on „ -^^^ / ^ M DON NEU, City Planner Date Date received for filing at OPR: Returned to agency on Revised 06/10 Appendix C SUP 11-01 The City of Carisbad Planning Division P.C. AGENDA OF: September 21, 2011 Application complete date: August 10, 2011 Project Planner: Pam Drew Project Engineer: Clyde Wickham SUBJECT: SUP 1-01- BRISTOL COW. .SFn.MENT REMOVAT _ Request for approval of a Floodplain Special Use Permit to allow the maintenance dredging of approximately 25 cubic yards of sediment and installing additional rip-rap shorelme protection located at the northem end ofthe Bristol Cove boat channel south of the intersection of Park Drive and Cove Drive in the Coastal Zone and Local Facilities Management Zone 1. I- RECOMMENDATION IPPRS^NIT^^ Commission Afi^ Planning Commission Resolution No. 6802 APPROVING a Special Use Penmt (SUP 11-01) based upon the findings and subject to the conditions contamed therein. s suujcci lo me n. INTRODUCTION The City OfCarlsbad has submitted an application for a Floodplain Special Use Permit (SUP) to allow the maintenaiice dredging of approximately 25 cubic yards of accumulated sed ment and mstallmg additional r,p-rap shoreline protection. The project is consistent with ftTci^s Genera] Plan, as well as all other applicable plans and regulations, and can be supported. "I- PROJECT DESCRIPTION AND BACKGROinvn Bristol Cove consists of an approximately 1,200-foot long by 150-foot wide artificiallv excavated cove med with rip-rap and serves as a boat dockin^laLhing faci% for^e S residents^ Small, discontmuous rows of boat docks line both sides ofthe cove. L projec site IS located along the northeast shoreline ofthe imier terminus ofthe cove, adjacent to a Svate boatjtorage area of the Bristol Cove housing development, where a sto^ drain ouZl t The proposed project involves the removal of approximately 25 cubic yards of sediment that was washed &om a stonn drain that empties into Bristol Cove as a result of a nearby water m!L tmT '° "^P-" °f ^^diment a docT^dLat facility „ fee area ,s no longer functional at low tide. The Bristol Cove Property orer's Associate (POA) supports this project and has submitted a letter of support (see AttaclmienU) -nie City OfCarlsbad proposes to restore the functionality ofthe area by removing the sediment with a Vactor (vacuum) truck or excavator positioned on an existing paved asphalt parSTa tectly adjacent to the cove. The dock and boat facility in this area Ju not n^d to Solved Older to remove the sediment, as the Vactor tmck or excavator will be able to remove the sand ^ Pase2 SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL September 21, 2011 under the structure A temporary in-water sih curtain will be placed around the work area prior to ?hetdim^«val to prevent introducing turbid waters to Agua Hedionda Lagoon. After construction, when turbidity has settled, the silt curtain will be removed. Once the sediment is removed from the cove it will be transferred to tanks for decanting ?srarlting te sediment from the water) and subsequent removal and off-site disposal of &e edCnt Additionally, some rip-rap that was installed as an energy dissipation feature at the cd^rtttlet was displaced by the sediment and water flows during the water mam break. It wil Saced with larger, 2-ton rip-rap, in the proper location. The existing smaller np-rap will be relocated to lach side ofthe culvert outlet and will blend in with the existing np-rap in that a^ea^ TS Ser riptS is capable of handling flows from the 60-inch diameter storm dram that Impt!"s'L Bristol Cove. THe proposed projected is expected to last 3-5 days dependmg on construction technique. Aeua Hedionda Imier Lagoon is located within Zone A ofthe Federal Emergency Management ISLv's (FE^ maps denoting areas of special flood hazard. Floodplain Management ReSLs fornix 21 110) of the Carlsbad Municipal Code (CMC) contams regulations appSle toSo^en n or adjacent to areas identified as special flood hazards. Section fui0\30 o{l^ CMC requires a Special Use Pennit be obtained for any constnichon or Le opment including maintenance dredging of the cove, within a special flood hazard area_ S puSo^ of tlie regulations is to ensure development activities do not aggravate flood potential. The entire Agua Hedionda Lagoon is located within the Agua Hedionda segment ofthe City's ScrCoa^rProgram, where the Califonua Coastal Commission has retained pemimmg Siori^. The applicant will therefore be applying for a Coastal Development Pennit (CDP ftom CaUfomL Coastal Commission for the dredging activity and np-rap replacement directly. There are no unresolved issues. The staff recommendation of approval with conditions is supported by the analysis as follows. IV. ANALYSIS This project is subject to the following plans and regulations: A Open Space (OS) General Plan Land Use Designation; , ^ , v B Residential Waterway (R-W) Zone (Chapter 21.22 ofthe Carlsbad Mumcipa^ Code), C". Special Use Permit (Floodplain Management) Regulations (Chapter 21.110 ot the Carlsbad Municipal Code); and . i 7 o«ri D. Coastal Development Regulations for the Coastal Resource Protectbn Overiay Zone^d the Agua Hedionda Lagoon Land Use Plan Segment (Chapters 21.201 and 21,203 of the Carlsbad Municipal Code and the Agua Hedionda Land Use Plan). Staff developed its approval recommendation after analyzmg the project's consistency with the appllaWe City plans and regulations listed above. A discussion on compliance with each follows. SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL September 21, 2011 Page 3 A. Open Space (OS) General Plan Land Use Designation The proposed project is consistent with the policies and programs of the City's General Plan Open Space & Conservation Element. A number of goals, policies, and objectives are identified in the Open Space and Conservation Element which call for open space for outdoor recreation. General Plan consistency fmdings can be made for the project as follows: 1. The project is consistent with the Open Space and Conservation Element - Open Space Planning and Protection Goal A.4, which states, "A city with an adequate amount and variety of open space for outdoor recreation, but not limited to: parks; beaches; areas for organized sports; connecting corridors containing trails; water recreation areas (beaches, lagoons, lakes); unique conservation areas for nature study' and, semi-developed areas for camping," in that the dredging of this area of the cove will restore the boat dock function and allow residents access to the waterways, including Agua Hedionda Lagoon, beacheSj and trails along the lagoon. 2. The project is consistent with the Open Space and Conservation Element - Water Quality Protection Objectives: 1) B.l - "To control storm water pollutants;" 2) B.2 - "To design storm water conveyance systems that do not adversely impact sensitive environmental resources;" and 3) B.3 - "To improve water quality within the City," in that the proposed supplemental rip-rap would be adequately sized to handle storm water flows from the existing 60-inch diameter storai drain, which would reduce pollutants and sediment from reaching the cove. B. Residential V^aterway (R-V^ Zone The project site is zoned Residential Waterway (R-W). The zone is created to provide an area in which residential development centered on a navigable waterway may be accommodated. The proposed dredging and maintenance of rip-rap will provide for the continued operation of uses permitted in the R-W zone. Without the proposed maintenance activities, the adjacent boat docking/launching facility will become unusable and the requirement of Section 21.22.110 ofthe Municipal Code may not be met, which states that, "Not less than seventy percent in number of the R-W zoned lots in any subdivision in an R-W zone shall have direct access to a navigable waterway. C. Special Use Permit (Floodplain Management) Regulations Projects located within any area of special flood hazards must obtain approval of a Special Use Permit (SUP) by the floodplain administrator (the city Planning Commission). The intent of these regulations is to promote the public health, safety, and welfare and to minimize public and private losses due to flood conditions. Chapter 21.110 states that "Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas." The project complies with the requirements of the Floodplain Management Regulations and Special Use permitting procedures as demonstrated in the following fmdings: SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL September 21, 2011 Page 4 1. The site is reasonably safe from flooding and will not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the project will remove up to 25 cubic yards of sediment deposited in the cove and will not obstruct water from flowing through this area should a 100-year flood occur. 2. The proposed dredging will not create a hazard or adversely impact development, or adjacent and upstream properties and structures. Furthermore, tlie cumulative effect of this project and the adjacent approved projects will not significantly raise the level of the 100 year flood plain (base flood elevation) in that the dredge activity will increase the physical capacity of the cove and therefore the ability of the cove to accommodate flood waters. As a result of the project, it is determined that no adverse impacts (and potentially a minute beneficial impact) to the 100-year flood hazard area would occur from implementation of the project. Therefore, the proposed project would be in compliance with the Floodplain Management Regulations. D. Coastal Development Regulations for the Coastal Resource Protection Overlay Zone and the Agua Hedionda Lagoon Land Use Plan Segment Although the required CDP will be processed through the California Coastal Commission (CCC), staff has analyzed the project for compliance with pertinent regulations. The project complies with the Local Coastal Program (LCP) and Coastal Resource Protection Overlay Zone requirements as discussed below: 1. The project is in conformance with the certified LCP and all applicable policies in that dredging a small area of the cove, and installing appropriately sized supplemental riprap for erosion control, will enhance and protect coastal resources by reducing the potential sediment and storm water pollutants from entering the cove or Agua Hedionda Lagoon. 2. The project complies with policy 6.7 of the Agua Hedionda LCP, which states, "The present recreational uses of the lagoon shall be maintained and where feasible, expanded." Removing the 25 cubic yards of sediment that has settled adjacent to and under a boating facility will allow residents to use this facility to access the adjacent Agua Hedionda Lagoon for recreational use. 3. The project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that dredging of this area of the cove will allow residents access to the boating facilities to access Agua Hedionda Lagoon, beaches, and trails along the lagoon. V. ENVIRONMENTAL REVIEW The project is exempt from the Califomia Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304(g) - maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies and Section 15301(d) - restoration or rehabilitation of deteriorated or damaged structures. SUP 11-01 - BRISTOL COVE SEDIMENT REMOVAL September 21, 2011 Page 5 ATTACHMENTS: 1. Planning Commission Resolution No. 6802 2. Location Map 3. Photo of Existing Conditions 4. Letter of Support from the Bristol Cove Property Owners' Association 6. Backgi-ound Data Sheet 7. Reduced Exhibit 8. Exhibit "A" - dated September 21, 2011. ^^^^ ^^^^^^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NQ. 6802 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A FLOODPLAIN SPECL\L USE PERMIT TO ALLOW THE MAINTENANCE DREDGING OF APPROXIMATELY 25 CUBIC YARDS OF SEDIMENT AND INSTALLING ADDITIONAL RIP-RAP SHORELINE PROTECTION LOCATED AT THE NORTHERN END OF THE BRISTOL COVE BOAT CHANNEL SOUTH OF THE INTERSECTION OF PARK DRIVE AND COVE DRIVE IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BRISTOL COVE SEDIMENT REMOVAL CASE NO: SUP 11-01 WHEREAS, City of Carlsbad, "Developer" has filed a verified application with the City of Carlsbad regarding property described as Lot 74, Shelter Cove Tract, in the City ofCarlsbad, County of San Diego, State of California, according to Map thereof No. 5162, recorded in Book 112, Pages 5162, of Miscellaneous Records, in the Office of the County Recorder, San Diego Counly, California, on April 23,1963 ("the Property"); and WHEREAS, said verified application constitutes a request for a Floodplain Special Use Permit as shown on Exhibit "A" dated September 21, 2011, on file in the Planning Department, BRISTOL COVE SEDIMENT REMOVAL - SUP 11-01, as provided by Chapter 21.110 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on September 21, 2011, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Floodplain Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES BRISTOL COVE SEDIMENT REMOVAL - SUP 11-01, based on the following findings and subject to the following conditions: Findings: The project is consistent with the Open Space and Conservation Element - Open Space Planning and Protection Goal A.4, which states, "A city with an adequate amount and variety of open space for outdoor recreation, but not limited to: parks; beaches; areas for organized sports; connecting corridors containing trails; water recreation areas (beaches, lagoons, lakes); unique conservation areas for nature study' and, semi-developed areas for camping," in that the dredging of this area of the cove will restore the boat dock function and allow residents access to the waterways, including Agua Hedionda Lagoon, beaches, and trails along the lagoon. The project is consistent with the Open Space and Conservation Element - Water Quality Protection Objectives: 1) B.I - "To control storm water pollutants;" 2) B.2 - "To design storm water conveyance systems that do not adversely impact sensitive environmental resources;" and 3) B.3 - "To improve water quality within the City," in that the proposed supplemental rip-rap would be adequately sized to handle storm water flows from the existing 60-inch diameter storm drain, which would reduce pollutants and sediment from reaching the cove. The site is reasonably safe from flooding and will not reduce the ability of the site to pass or handle a base flood of 100-year frequency in that the project will remove up to 25 cubic yards of sediment deposited in the cove and will not obstruct water from flowing through this area should a lOO-year flood occur. The project will not create a hazard or adversely impact development, or adjacent and upstream properties and structures; and the cumulative effect of this project and the adjacent approved projects will not significantly raise the level of the 100 year flood plain (base flood elevation) in that the dredge activity will increase the physical capacity of the cove and therefore the ability of the cove to accommodate flood waters. The project complies with the certified Local Coastal Program (LCP) and Coastal Resource Protection Overlay Zone requirements in that dredging a small area of the cove, and installing appropriately sized supplemental riprap for erosion control, will enhance and protect coastai resources by reducing the potential sediment and storm water pollutants from entering the cove or Agua Hedionda Lagoon. The project complies with policy 6.7 of the Agua Hedionda LCP, which states, "The present recreational uses of the lagoon shall be maintained and where feasible, expanded." Removing the 25 cubic yards of sediment that has settled adjacent to and under a boating facility will allow residents to use this facility to access the adjacent Agua Hedionda Lagoon for recreational use. PC RESO NO. 6802 ^^^^^ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that dredging of this area of the eove will allow residents access to the boating facilities to access Agua Hedionda Lagoon, beaches, and trails along the lagoon. 8. All other required state and federal permits have been obtained or will be obtained prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 9. The Planning Director has determined that the project is exempt from the Califomia Environmental Quality Act (CEQA) per CEQA Guidelines Section 15304(g) - maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies and Section 15301(d) - restoration or rehabilitation of deteriorated or damaged structures. Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 1. Staff is authorized and directed to make, or require Developer to make, all corrections 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 shall occur substantially as shown in the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 2. The applicant must secure the appropriate permits and approvals from all resource agencies affected by the dredging operation and disposal of the dredge materials. 3. 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 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 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 or a successor in interest by the City's approval of this Special Use Permit. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of the issuance of a Notice to Proceed or commencement of construction, whichever occurs first. 5. 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 the final discretionary approval, including the discretionary approvals of the California Coastal Commission or other agencies. PC RESO NO. 6802 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. 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. 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). Engineering: 8. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 9. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stonnwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 10. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. Code Reminders; 11. Developer shall exercise special care during the construction phase of this project to 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 of the City Engineer. 12. Approval of this request shall not excuse compliance with all applicable sections ofthe Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PC RESO NO. 6802 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of fmal approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Govemment Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe planning Commission ofthe City of Carlsbad, Califomia, held on September 21, 2011 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson L'Heureux, Commissioners Amold, Black, Nygaard, Schumacher, Scully and Siekmann STEPfflN "HAP" L'HEUREUX, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Planning Director PC RESO NO. 6802 -5- SITEMAP N NOT TO SCALE C BRISTOL COVE SEDIMENT REMOVAL SUP 11-01 W WORDEN WILLIAMS APC Representing Public Agencies. Pnvate Entities, and Individuals CITY OF CARLSBAD AUG 22 2011 August 19, 2011 Pam Drew Community and Economic Development Planning Division 1635 Faraday Avenue Carlsbad, California 92008 Rc: SUP 11-01 - Bristol Cove Sediment Removal . Dear Ms. Drew: I am writing on behalf of the Bristol Cove Properiy Owners Association ("Association") to reaffirm its support of the sediment removal project referenced above. The Association concurs that the proposed project is appropriate and necessary. The Association has also urged the City to expand the project to include removal of additional sediment that has been deposited into the Marina during the past few years. The Association continues to believe that an expanded sediment removal project is the best course of action, but regardless of how that issue is resolved, it supports the project cunrently proposed. Please feel free to give me a call if you have any questions. Very truly yours, WORDEN WILLIAMS, APC D. Wayne Brechtel dwb@wordenwiUiams.com DWB:re c: Client AREAS OF PRAaiCE PUBLIC AGENCY LAND USE AND ENVIRONMENTAL REAL ESTATE PERSONAL INJURY ESTATE PLANNING AND ADMINISTRATION CIVIL LITIGATION BUSINESS ATTORNEYS TRACY R. RICHMOND D. WAYNE BRECHTEL KEN A.CARIFFE TERRY M. GIBBS KRISTEN M"^BRIDE lASON R. SCHINGLER YIN T. HO D. DWIGHT WORDEN Of Counsel W. SCOn WILLIAMS Retired OFFICE 462 STEVENS AVENUE SUITE 102 SOLANA BEACH CALIFORNIA 92&75 (858) 755-6604 TELEPHONE (858) 755-5198 FACSIMILE www.wordenwilliams.cor BACKGROUND DATA SHEET CASE NO: SUP 11-01 CASE NAME: BRISTOL COVE SEDIMENT REMOVAL APPLICANT: Citv of Carlsbad REQUEST AND LOCATION: To allow maintenance dredging of approximately 25 cubic yards of accumulated sediment and installing additional rip-rap protection located at the northern end of Bristol Cove boat channel south of the intersection of Park Drive and Cove Drive. LEGAL DESCRIPTION: Lot 74, Shelter Cove Tract, in the Citv of Carisbad, Countv of San Diego, State of Califomia, according to Map thereof No. 5162, recorded in Book 112, Pages 5162, of Miscellaneous Records, in the Office of the County Recorder, San Diego Countv, California, on April 23, 1963. APN: 207-150-58 Acres: 4.52 (entire cove) - 0.01 acre for the proiect Proposed No. of LotsAJnits: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: Open Space (OS) Proposed Land Use Designation: N/A Density Allowed: N/A Density Proposed: N/A Existing Zone: Residential-Waterway (R-W)/Special Flood Hazard Overlav Proposed Zone: N/A . Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-W/Flood Hazard Overlay OS Boat charmel with launching/docking facilities North R-W RH Residential Units South 0-S OS Agua Hedionda Lagoon East R-W RH Residential Units West R-W RH Residential Units LOCAL COASTAL PROGRAM Coastal Zone: ^ Yes [U No Local Coastal Program Segment: Agua Hedionda Lagoon Within Appeal Jurisdiction: ^ Yes Q No Coastal Development Permit: ^ Yes [[] No Local Coastal Program Amendment: Q Yes ^ No Existing LCP Land Use Designation: RH Existing LCP Zone: R-W Proposed LCP Land Use Designation: N/A Proposed LCP Zone: N/A c PUBLIC FACILITIES School District: Carisbad Water Distiict: Carisbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): N/A ENVIRONMENTAL IMPACT ASSESSMENT 13 Categorical Exemption, per CEOA Sections 1530Ud) & 15304(g) n Negative Declaration, issued n Certified Environmental Impact Report, dated_ • Other, Revised 01/06 o o SITE PLAN SUP 11.01 CONSTRUCTION PLANS FOR BRISTOL COVE SEDIMENT REMOVAL PROJECT NO. 5030A CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD, CAUFORNIA CMWD BOARD MATT HALL'PRESIDENT ANN KULCHIN - BOARD MEMBER MARK PACKARD - BOARD MEMBER KEITH BLACKBURN - BOARD MfiMSER FmRAH DOUGLAS - BOARD MEMBER GLENN PRUIM UTILITIES DIRECTOR am occnc sec HtPHIK t/t i«»r «wst!c«r spt na n eon* »t* JC » «p onr of e«uf'«s * ra«»o»«w w«t3W» u. nm «,'^«. «2 mtma etc >, t.f iM) nci^r CA cm»e. t*. w" tPuraftCT ofT or cus«« tfrwiwg cMism t«eB sewa as'Kr »-* «ewt««.4 fcijmar lane «B s>»9i<w«« isi; a • <wi VMT w - MW rs-jj N/1 OfmsviB IPS) cm-tit SS'^wBEn^Bfui smswQ e«ii»5j cmtr < lamr ng xCiiptr ntJ^Mi </« »>«w _i_JI UUmO DPOTT.;..! II t morwr SWSTOi. COV'ESeiHMEWrfiEMOVMt two 5030 465-7 ^ Appendix D ^ CDFG Lake or Streambed Alteration Agreement 1600-2012-0033-R5 California Natural Resources Agency EDMUND G. BROWN. Jr.. Govemor DEPARTMENT OF FISH AND GAME Region 5 lake or Streambed Atteration Ptogtam 3883 Ruflm Road San Oiego. CA 92123 www.dfa.ca.qov CHARLTON H. BONHAM, Diroctor March 1,2012 Sherri Howard City of Carisbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Subject: Refund for Notification of Lake or Streambed Alteration Notification No. 1600-2012-0033-R5 Bristol Cove Sediment Removal Project Dear Ms. Howard: This letter is to inform you that the Department of Fish and Game will be issuing you a refund for the reason indicated beiow. • Over payment of notification fee. • The Department denied your request for "long-term" agreement. The fee amount for a "regular" agreement would apply to your project. M Notification was not required because your project is not subject to the notification requirement in Fish and Game Code section 1602. Your refund check, in the amount of $ 500.00, will take from four to six weeks to process and wilt be sent to the appiicant address provided in your notification. If you have any questions regarding your refund, please contact me at mfluhartv@dfg.ca.gov or 858-467-4231. Sincen Mafriiyn J. Ffuharty Senk)r Environmental Scientist ec: Brianna Wood Consetviti^ Cafifornia s WiUCCife Since 1870 Appendix E ^ RWQCB Application 12C-001 Certification by Default Sherri Howard ^"^From: Alan Monji <AMonji@waterboards.ca.gov> * 'Sent: Thursday, June 14, 2012 2:38 PM To: Brianna Wood; Peggy SPL Bartels Cc: Sherri Howard; Mike Trotta Subject: Re: Bristol Cove Sediment Removal Hi Brianna: The Bristol Cove Sediment Removal project, 12C-001, is certified for Water Quality by default. Please ensure that all activities described in the application package are implemented and maintained as proposed. If any of the activities are implemented differently as described and proposed in the application, the Water Quality Certification is void and withdrawn. Please keep a copy of this email for your records. I do not intend to send any other letters for this project. Alan Alan T. Monji Environmental Scientist ^San Diego Regional WaterQuallty Control Board 9174 Sky Park Court, Suite 100 San Diego, CA 92123 Phone: 858-637-7140 FAX: 858-571-6972 ><((((2>\ ^- ><((((5> ><m°->': •• ><((((2> »> On 6/12/2012 at 10:42 AM, in message <67BEA4994BA7EE4DA4CBCFD40B7E3B4212AABE91(5)corp09.lsacorp.internal>. Brianna Wood <Brianna.Wood(5)lsa-assoc.com> wrote: > Hi Peggy, > > The RWQCB 60-day time period for certification has expired (see attached > Complete Letter) and Alan Monji confirmed via voice message today that ^> the project is now considered Certified by default. > Please let me know ifthe Corps is able to proceed. > > Thankyou! > > Brianna Pilkinton > Environmental Planner ^ > LSA Associates, Inc. > Pacific Center > 703 Palomar Airport Road, Suite 260 > Carlsbad, CA 92011 > 760.931.5471 x201 > 760.918.2458 fax > 760-285-7517 mobile 'Mi EDMUND Q. BROWN Jn. e»».i»OBiii» ^^Bl^^^ MATTHEW RoomouEZ "Waiter jBO^lXlS ^^1^^ tNVIBOSMENlAl PHOnCIION California Regional Water Quality Control Board, San Diego Region April13,2012 Ms. Sherri Howard City of Carlsbad in replv refer to / attn; 1635 Faraday Avenue 776164: amonji Carlsbad, Califomia 92008 SUBJECT: COMPLETENESS REVIEW FOR APPLICATION No. 12C-001; BRISTOL COVE SEDIMENT REMOVAL PROJECT. To Sherri Howard: The Califomia Regional Water Quality Controi Board, San Diego Region (San Diego Water Board), received your application for Water Quality Certification for the Bristol Cove Sediment Removal on January 18, 2012 and it was assigned file number 12C-001. On February 16, 2012, the application was found to be incomplete for lack of hydrologic area ^ information, a copy of the Army Corps of Engineers (Army Corps) application, and a copy of w the California Department of Fish and Game (DFG) 1602 Streambed Alteration Agreement application. Additional infonnation requested in the February 16, 2012 letter included Information regarding the source and sizing ofthe new rip-rap and a final application fee of $3,115.00. On February 16,2012, infomiation regarding the hydrologic area, a copy ofthe Anny Corps application, and a copy of DFG's Streambed Alteration Agreement was provided to the San Diego Water Board. Clarification was also provided in regards to the project impacts in acres (0.035 acres) and linear feet (56.5 linear feet). On April 9, 2012, infonnation regarding the source and size ofthe rip rap was provided to the San Diego Water Board. Pursuant to 23 CCR $ 3856. vour application has been deemed: • COMPLETE As noted in Attachment D of the application, a pre-construction survey for the Invasive algae Caulerpa taxifolla is required before to commencement ofthe project. Please include the San Diego Water Board in receipt of the survey report when It is sent out to the other designated state and federal agencies. The San Diego Water Board will be taking an action on this application within 60 days from April 9, 2012. The action may be In the fonn of a Certification, denial (with or without GRANT DESTACHE. CHAIR | DAVID GIBSON, EXECUTIVE OFFICER 9174 Sky Park Court, Suits 100. San Diago. CA 92123 \ (858) 467-2952 | v«w.wat«rboards.ca^gov/«andla90 Recycled Paper Ms. Sherri Howard -2-Aprll13, 2012 prejudice), or request for further Infonnation to clarify, amplify, correct, or othenA/ise supplement the complete application. In the subject line of any response, please include the requested "In reply refer to:" infonnation located In the heading of this letter. For questions pertaining to the subject matter, please contact Alan Monji at (858) 637-7140 or amonji@waterboards.ca.gov. Respectfully, CHIARA CLEMENTE Senior Environmental Scientist cc: (Via Email) Brianna Wood LSA Associates, Inc. brianna-wood(5)jsa-assoc.com Kevin Hupf Department of Fish and Game l<hupf@dfg.ca.gov Meris Bantilan-Smith U.S. Army Corps of Engineers Meris.Bantilan-Smith@usace.anny.mil Tech Staf f Info & Use File No. WDID. Reg. Measure ID Place ID Party ID 12C-001 9 000002406 382930 776164 459013 GRANT DESTACHE, CHAIR | DAVID GIBSON, EXECUTIVE OFFICER 9174 Sky Park Court. Suite 100, San Diego, CA 92123 | (858) 467-2952 j www.waterboards.ca.gov/8andlego O Recycled Paper ^ Appendix F CA Coastal Commission Permit No. 6-12-20 STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND G. BROWN. Jr.. Govemor CALIFORNIA COAST4^|5pMM|SSIQN San Dlego Coast Area Office ^-^^ ^ # 7575 Metropolitan Drive, Suite 103 M ., SanDiego. CA 92108-4402 ' (619) 767-2370 Date: June 25, 2012 Permit Application No.: 6-12-020 Page: 1 of 5 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) THIS IS NOT A COASTAL DEVELOPMENT PERMIT THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VAUD AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP''). A Coastal Deveiopment Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective. Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the "prior to issuance" Special Conditions. A list of ali of the Special Conditions for this permit Is attached. The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified beiow. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs, title 14 section 13169. On June 14, 2012, the California Coastal Commission approved Coastal Development Permit No. 6-12-020, requested by City of Carlsbad subject to the attached conditions, for development consisting of: The removal of 25 cubic yards of sediment that washed into the lagoon during a water main break In order to restore the functionality of a private boat ramp and launch area located In the Bristol Cove housing development. The project also includes the removal and replacement of existing undersized rip rap with approximately twenty new revetment rocks with an average diameter of 1.37 meters and weight of hvo tons In the same location, more specifically described in the applicafion file in the Commission offices. Commission staff will not Issue the CDP until the "prior to issuance" special conditions have been satisfied. NOTICE OF INTFMT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: June 25, 2012 Permit Application No.: 6-12-020 Page 2 of 5 The development is within the coastal zone at Bristol Cove storm drain outlet located approximately 50 yards southeast of the intersection of Cove Drive and Park Drive, Agua Hedionda, Carisbad, San Dlego County. If^you have any questions regarding how to fulfill the "prior to issuance" Soecial Sincerely, CHARLES LESTER Ij^ecutiv^^rector By: TlOiQl ROSS Coastal Program Analyst ACKIMOWLEDGMFIMT Date: June 25, 2012 The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed. ' ^^^^ 'nltp^^'^ <iMNlA' {hn^-n^A/ ^ ^ CHa^f&M> Permittee above addreS °' *° Commission office at the STANDARD CONDITIONS 1. 2. Notice of Receipt and Acknowled^im«'nt The permit is not valid and devetopment shall not commence until a copy of the permit signed bv the permittee or authorized agent, acknowledging receipt of The pSaJd oiS" °f *he terms and conditions, is retumed I ?he ComSon Expiration, if development has not commenced, the permit will excire two years from the date on which the Commission voted onTe appSon NOTICE OF INTENT TO ISSUg PgRMiT (Upon satisfaction of special conditions) Date: June 25, 2012 Permit Application No.: 6-12-020 Page 3 of 5 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 pnor 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. Assiqnment. 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. ^' Terms and Conditions Run with tho innH jhese 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. SPECIAL CQNDITIQM5S' The permit is subject to the following conditions: 1. Invasive Species. PRIOR TO THE COMMENCEMENT OF SEDIMENT REMOVAL he applicant shall provide evidence that sediment removal in Agua Hedionda ' Sa a^foHows' ^^^''''^ "'^ '^'^'''^'"^ '"'"''''^^ ^'^^^ ^'^^ ^^^'^^^^ a. Not eariier than 90 days nor later than 30 days prior to commencement or re-commencement of any dredging authorized under this coastal developnnent permit, the applicant shall undertake a survey of the project area (includes any other areas where the bottom could be disturbed bv project activities) and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolla. The survey shall include a visual examination of the substrate. ^'L^V''??^ P/^!?'''" ^® prepared in consultation with the Regional Water Quail y Control Board, the California Department of Fish and Game and the National Marine Fisheries Service. c. Within five (5) business days of completion of the survey, the applicant shall submit the survey: ^HH"«-.ufii bnaii NOTICE OF INTFMT TQ ISSUE PgRMIT (Upon satisfaction of special conditions) Date: June 25, 2012 Permit Application No.: 6-12-020 Page 4 of 5 1. For the review and written approval of the Executive Director; and 2. To the Surveillance Subcommittee of the Southem California Cauleroa '^^^^ Surveillance Subcommittee mT be contacted through William Paznokas, Califomta Department of Fjsh & Game (DFG) (858-467-4218) or Robert Hoffman. Marine Fisheries Service (NMFS) (562-980-4043). 3. If Cau/erpo is found, then the NMFS and DFG contacts shall be notified within 24 hours of the discovery. d. If Cau/erpo is found, the applicant shall, prior to the commencement of dredging, provide evidence to the Executive Director for review and written approval either that the Caulerpa discovered within the project ondZ buffer area has been eradicated or that the dredging project has been revised to avoid any contact v^ih Caulerpa. No changes to the dredaL project shall occur without a Coastal Commission apSed <^mendS to this coastal devetopment permit unless the Executive Direc?o°deteSne that no amendment is required. ueiermines 2. Other Permits. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION the applicant shall provide to the Executive Director, for review and Sn annrLni copies of all other required state or federal discretfonarS ^uch as u"^ ArrJv Corps of Engineers, U.S. Fish and Wildlife Sen/ice, Regional Wa^e Qualtv Contrd Board and the California Department of Fish and Game and CA sSS^^^ S:?tTthelT.?t°'"'^ Anymifigo^onmSCrSSy^^^^^^ Changes to the project required through said permits shall be reported to the Executive Director and shall become part of the project. Such r^odfficafc^ if 3. Staging Areas/Public Access. PRIOR TO THE ISSUANCE OF THP ACTA i DEVELOPMENT PERMIT, the applicant shall subm' to the STve 5i e^^^^^^^ review and written approval, detailed ptans for the tocatS^SSS^SiS and NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Date: June 25,2012 Permit Application No.: 6-12-020 Page 5 of 5 a. No overnight storage of equipment, construction materials, or excavated materials shall occur within wetlands, native vegetation areas or on the public beach or public parlcing spaces. Stockpiles shall be located away from the water, covered at all times and contained with runoff control measures. b. Storage and staging areas shall be located in a manner that has the least impact on vehicular and pedestrian traffic around Agua Hedionda Lagoon. c. Staging site(s) shall be removed and/or restored immediately following completion of the development. The applicant shall undertake the development in accordance with the approved plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. G:\San Diego\Noi2000\6-12-020n.doc Appendix G Tier 1 Storm Water Pollution Prevention Plan o STANDARD FORM- CITY OF CARLSBAD TIER 1 STORM WATER POLLUTIOiN PREVENTION PLAN STORM WATER COiViri J A.NCE CERTIFICATK ^ My projecl is not in a category cf permit type* exempt from the Construction SVWPP requlremenls ^ M/ project is not located inside or wrthin 200 feet of an entHronmentally sensitive area Willi a sis^iiBcanl potenBstf for contributhg poRutanis tc nearby receiving waters by way of storm water runoff or non-$torm water discharQe(s). ^ My project does not re«)uif«s a gradins plan p jrsuant to Ihe Carlsbad Gading Ordinance (Chapler 15.16 oftte Carisbad imu(\icipai Code) t.1y project will nol result in 2.500 square feet or more of soBs disturtance including any associated conslnjction staging, sloclspling, pavement removal, equipment storage, refueling and maintenance areas that meets one or more ot the additional foilovying criteria; • located wilhin 200 feet ot an environmentally s^isU ve area or the Pacific Ocean; and/or • disturtted area is located on e slope with a grade si or exceeding 5 horizortai to 1 vertical and/oi • disturbed area is located along or wittiin 30 teet of a storm drain inlet, an opei drair>eg« ctiannel or watercourse: and/or • constat^tton will be inlialed durtr^ Ihe rainy yamm. or will extend into the rainy season (Oct. 1 through Apr! 30). I CERTIFY TO THE BEST OF fVlY KNOV/LEDGE THAT ALL OF THE ABOVE CHECKED STATEMENTS ARE TRUE AND CORRECT, I AM SUBMITTING FOR CiTY APPROVAL A TIER 1 CONSTRUCTION SWPPP PREPARED IN ACC0RI3ANCE WITH THE REQUIftElWENTS OF GITY STANDARDS. I UNDERSTAND AND ACKNOWl^DGE THAT I RdUST; (1) IH/IPLEMENT BEST MANAGEMENT PRACTICES (BMPS) OJRING CONSTRUCTION ACTIVHIES TO THE MAXII/UM EXTENT PRACTICABLE TO MINIMIZE THE MOBILIZATION OF POLLUTANTS SUCH AS SEDIMENT ANO TO MINIMIZE THE EXPOSURE OF STORJW WATER TO CONSTRUCTION RELATED POLLUTANTS" AND (2) ADHERE TO, AND AT ALL TiMES, COMPLY WITH THIS CITY APPRCVED TIER 1 CONSTRUCTION SWPPP THROUGHTOUT THE DURATION OF THE CONSTRUCTION ACTIVITIES UNTIL THE CONSTRUCTiON WDRK IS COf^iPLETE AND APPROVED SY THE CITY OF CARLSBAD. C'WNeR{SW.1W,NER'S AOEtfl- NAME iPtUNT) LiWNER(Si«WNEK-S AGENT NAME fSlCNATURE) DATE STORM WATER POi.Ll ]TIQN PREVENTION NOTES 1 ALL NECESSARY EQUlFiVlENT AND MATERIALS SIMLL BE AVAILABLE ON SITE TO FACILITATE RAPID INSTALLJ.\T]0N OF EROSION AND SEDIMENT CONTROL BMPS WHEN RAIN IS EMINENT. 2 THE OWNER/CONTRACTOR S1-L\LL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER 10 THE SATISFACTION OF THE CITY ENGINEER AFTER EACH RUN- OFF PRODLCiNG .RAINFALL 3, THE OWNE.^CQKTRACTOR SHALL INSTALL ADDiTiONAL EROSION CO.NTRC)L MEASURES AS KMY BE REQUIRED BY THE CITY ENGINEERING OR BUILDING INSPECTOR DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORESEEN CIRCUMSTANCES WHICH MAY ARISE. 4. ALL REMOVABLE PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FIVE (5) DAY RAIN PROBABILITY FORECAST EXCEEDS FORTY PERCENT (40%) SILT AND OTHER DEBRIS SHALL BE REMOVED AFTER EACH PAINFALL 5, ALL GRAVEL BAGS SR^LL BE BURLAP TYPE WITH W INCH MINIMUM AGGREGATE 6. ADEQUATE EROSION AND SEDIMENT CONTROL AND PERIMETER PROTECTION BEST MANAGEMENT PRACTICE MEASURES MUST BE INSTALLED AND N4AINTAINED. SPECIAL NOTES PBOJECT tt^OKMATION Site Address: Assessor's Paicet Number; Projccr ID ConstrucUon Pcrrei; No. hsl matcii C<>nsiriiaio(i Slan Dale I'rajccl Duration Emergency Conlact: Name. 24 tioul Phone Pcj-ceivedTliieat lo Siotrn Waci Ouj ity Q .Medium • Low If nittlium box ij checked, must atlich .i sile pian shiccl sliowing pjoposcd wo-k area end ioci'.Iion yf proposed st uctural BMI'i For Clly Use On)> CiTY Of CARLSBAD STANDARD TIER 1 SWPPP Approved By: Dale Page ! of_ Erosion ContU'ol BMPs Best Management Practice (BMP) Dcscrlpttoa -> CASQA Designation -> Ccmstruction Activity Giadino/Ssil Olstu'ttance Trencliino€xcava'ion StocttpiKng OflllingiBoring Cancrele/AsphBlt Sawcutting Concrete 1ar*-orK Paving Conduit/Pipe InslilfaUor? SiuCCO/Mortar Wofk Waste Disposal Sisgtng/Uiy Down Area Equipmerit (ulaintsnarvce and Fuelhg Hazardous Sut>si»nce Uss/Slorage Deiwateting Site Access Across Dirt ether (lis!): X3 Q) S i» it O Sediment Control BMPs 2 2 .y> a. Tractdng Control BMPs o I lit "So 05 K If . Non-Storra ater Managemeitt BMPs Is Waste Management and Materials Pollution Control BMPs 2io B c |_ s c a, o tfl O 3 » > o» 1 = It if 3 S X2 5 « II ;i:,.vitvdeLptL bo«s provided for th.. pu^,^se and place s check in ttte box ,mmed.a.cl> to the left f^'^^'^ ^^ ^T^^iiTB^cZn^ VoS^ for each acuvitv U«, was clTeclced ofTand •X-ovcr w.th Plas«c"mil,e blank column under the heading En^sioi, Control BMPs. Trtenpl^^^ ,n tl,e bo;, where Stockptling row imtJtsecU thc «ew Cover wiW t lasut TO i.r„ men. abo.« What each BMP dcscrtp.,onmear.s.yo„tn.y withto r.v.ewy.BMP^ Tl>c reference also c,.plams ll.e Cahfonua SlorTitwatcr Quality Assodation (CASQA) de5.g..auon a.,J how to apply Ute various selected BMPs to a project. Page 2of _ o A' s Scale of map Site Map Features displayed ott the map must inckide • An cutline of the entire property • LOGEtion and brief di:sGription of coiistruction activity areas (e g grading, building, trenclnng, fueling treas. waste container area, wash racits, hazardous material stora^ areas, etc.) • Location and flow direction arrows for e-xtsting drainage facilities (dilclies. ciiannels, mlets, storm drams, etc ) • Location of existing storm water BMP controis (sediment basins oil/ water separators, sumps, etc ) • Localion of proposed stcrm water BMP conirois wiiii brief descriptioti or legend reference Page 3 of_ ^ Appendix H DWG 465-7, Sheet 1 of 1 PROJECT LOCATION VICINITYMAP NOT TO SCALE PROJECT LOCATION LOCATION MAP NOT TO SCALE ICP ROCK SLOPE PROPOSED -WPROVEUENt: RP-RAP REPMR- MJONG UPPB) SLOPE (2 TON) u asmiT EXBTUG Exism RP RAP LOCAVCn EL^-7.0) BOTTOH ^^^^ it WP ROCK SLOPE SITE PLAN SUP 11-01 CONSTRUCTION PLANS FOR BRISTOL COVE SEDIMENT REMOVAL PROJECT NO. 5030A CMWD BOARD MATT HALL-PRESIDENT ANN KULCHIN - BOARD MEMBER MARK PACKARD - BOARD MEMBER KEITH BLACKBURN - BOARD MEMBER FARRAH DOUGLAS - BOARD MEMBER GLENN PRUIM UTILITIES DIRECTOR CARLSBAD MUNICIPAL WATER DISTRICT CARLSBAD, CALIFORNIA liSTHM O SCO LEGEND: AC ASPHALT SfP BACK FLOW PREVENTER CL = CURB mLET C8 = CATCH BASIN CONC = CONCRETE i CEMTmJNE ELE = ELECTRIC FF = FmSH FLOOR FH = FIRE HYOiANT G GAS IRC = IRGV IRRIGATION VALVE LT = UGHT UH UAN HOLE PB = PULL BOX PED = PEKSTM. t PROPERTY UNE PP POHB? POtf SCO = SEWER CLEANOUT SDGAE = SAN DIEGO GAS tc ELECTOC SD = STORU DRAIN S = SEWER IRAN = TRANSFORUER TELE = TELEPHONE (TYP) = TYPICAL UG = UtOERGROim POWi/GAS H -WATER HM WATER UETER HV WATER VALVE BRISTOL COVE POA c/o UDSAY UANAGEUENT SERV 7720 a CAmO KAL STE. 2A CARLSBAD, CA. 92009 Am OTY OF CARLSBAD, A lOJUCPAL CORPORATION 1200 CARLSBAD VILLAGE DRIVE CARLSBAD. CA. 92008 DRAMAGE EASEtKMT OVER LOT 74, UAP NO 5162 PER F/N 79-514734 RECORDED DEC 7. 1979 APnKAmrPKPAKEDBY: SHERRI HOWARD arr OF CARLSBAD UJIUTSS DEPARTUENT >6J5 FARADAY AW»X CARLSBAD, CA. 92008 760-602-2756 SteRRI.H0WARDOCAaS8ADCA.GOV ENVmONMBiTAL COmULTANT: LSA ASSOOATES, m. 703 PALOUAR AKPORT ROAD, StMTE 260 CAO-SBAD, CA. 92011 APNIS): 207-150-58-00 A 207-150-27-00 SEWER DISTRICT: QTY OF CARLSBAD WAVER DISTRICT: CARLSBAD UUNKtPAL WATER OSTRICT SaiOOLDISmCT: CAO^AD UWKD SCHOOL DISTRICT EjasTmzoNm: R-W RES(0£W77/U. WATERWAY (COVE AND SURROUNDING LOTS) GBIERAL PIAN LAta USB OS - OPEN SPACE (COVE) RH - HIGH OaiSnY 15-23 Du/Ac (SURROUNDING LOTS) AVERAGE DAIY TRAFFIC: NONE OATE OF PREPARATION: FEBRUARY 24, 2011 BASIS OF BEARMGS: THE BASIS OF BEAR»IGS FOR THIS PROJECT IS THE UNE XTWEBi FIRST ORKR CONTROL POINTS CLSB-118 Am aSB-»I AS SHOWN ON ROS 17271 OTY OF CARLSBAD SIKVEY CONTROL aSB-111 N 1998528991 E 6236727.974 ELEV. = 1867 NAVD 29 CLSB-118 N 1998406.142 E 6231723.993 ELEV. = 88.67 NAVD 29 BENCHMARK: THE BENCHMARK IS FIRST ORDER CONTROL PONT CLSB-117 AS SHOWN ON ROS 17271 "OTY OF CARLSBAD SURVEY COWTROt' aSB-117 N 1997649.522 E 6234480.919 ELEV. = 15.223 NAVD 29 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR 7H/S PROJECT IS THE IM BETWEOI FIRST ORDER CONTROL POINTS as8-m Am CLSB-IU AS SHOWN ON ROS 17271 'OTY OF CARLSBM SURVEY CONTROL' SOURCE OF TOPOGRAPHY: IMS SURVEY IS BASED ON A PROCEDURE OF TAKING AN ELEVATION SHOT ATTHE TOP OF EXISTING SILTAIUDAOIL AND AtSO TOP OF UNDERLYMG ROCK BEDOINa AT APPROXUATELY EVERY 50' +/- AT THf CENIERUNf OF THE CHANNa AND tOO' - 120' AT MIDOtf OF DOOCS ON EACH SIDE OF TME CHANNEL REFERENCE DRAWINGS: STANDARD SPB:IFICATK)NS STANDARD SPEOFKATIONS FOR PUBUC WORtfS CONSTRUCTION (SSPWC) CURREMT AT Tm TUE OF CONSTmKTKJN. STANDARD DRAVHNGS SAN DIEGO AREA REGKWAL STANDARD DRAWINGS CI/RRGNT AT THE TME OF CONSTRUCTION. FLOOD INUNOATKM THE PROPOSED DREDONG Wtl NOT AflTCT THE 100-YEAR FLOOD ELEVATION. STAGING AI«EA/ACCESS NOTES ALL CONSTRUCTKIN STAONC AND STORAGE OF UATERIALS SHAU BE MAINTAIWD WIMN LOT 43. lilATBW.DISPOSM.AReA AU UATERIAL TO BE DISPOSED OF. OURAVON OF PROJECT 2-3 DAYS NOISELEVEL THE NOSE LEVaS OF A VACUIM TRUCK AND EXCAVATOR IS SmAR TO A GARBAGE TRUCK PK30NG UP TRASH. SfLTCURTAm A TEMPORARY IN-WATER SILT CURTAIN SHAU BE PLACED AROUND THE KOSIf AREA PRIOR TO THE SEDJMfNT ROIOVAL AND RIPRAP REPLACEMENT TO PREVENT mCREASED TURBIDITY )N SURROUNDING WATERS CAIAEIVA TAXIFOUA SURVEYS A PRE-CONSTRUCTION SURVEY FOR CAULERPA TAXIFOUA SHAU BE COUPIETED PRKIR TO PROJECT COMMENCEMENT. EXtSDNC EL={-7.0) BOTTOU S.OPE EXISWG -DESKS CHANNEL BOHOU CHANNEL SECTION A-A SCAiE: HOfifZ t" = 20' VERT. I" = to' SHEET 1 CITY OF CARLSBAD UTILITIES DEPARTMENT SHEETS 1 SHEET 1 CITY OF CARLSBAD UTILITIES DEPARTMENT SHEETS 1 MRsovaewpiAN rat BRISTOL COVE SEDIMENT REMOVAL (Pm(CmiVE WATER PIPELmAND SURFACE M>RCWEMBITS) MRsovaewpiAN rat BRISTOL COVE SEDIMENT REMOVAL (Pm(CmiVE WATER PIPELmAND SURFACE M>RCWEMBITS) MRsovaewpiAN rat BRISTOL COVE SEDIMENT REMOVAL (Pm(CmiVE WATER PIPELmAND SURFACE M>RCWEMBITS) MRsovaewpiAN rat BRISTOL COVE SEDIMENT REMOVAL (Pm(CmiVE WATER PIPELmAND SURFACE M>RCWEMBITS) MRsovaewpiAN rat BRISTOL COVE SEDIMENT REMOVAL (Pm(CmiVE WATER PIPELmAND SURFACE M>RCWEMBITS) APPROVED MHiJAM £. PLUUUER APPROVED MHiJAM £. PLUUUER DEPUTY OTY ENGINEER PE 28176 EXPIRES J/J(/I2 OATE DA1E INITIAL REVISION DESCRIPTION DATE MHIAL OATC INIIIAL DWN BY: CHKD B"! RVWD SI SH PROJECT NO. 5030 DRAWING NO. 465-7 ENGINEER Of WORX REVISION DESCRIPTION OTHER APPKOVAL OTY APPROVAL DWN BY: CHKD B"! RVWD SI PROJECT NO. 5030 DRAWING NO. 465-7 Appendix I Spec Sheet for ABASCO Type II Turbidity Curtain ilB4SC0 ABASCO Type II Turbidity Curtain ABASCO Type II Turbi(dity Curtains include heavy duty tension members at the top and bottom ofthe curtain and premium 22 oz. PVC fabric. They are ideal for silt and sediment control during dredging and marine construction activities in areas exposed to mild current, wind and wave activity. Fabric Flotation Top Tension Bottom Tension & Ballast End Connectors Section Length Skirt Depth Furling Lines Accessories 22 oz/yd^ PVC Coated Polyester Fabric. Optional filter fabric in skirt. 6"-12" Dia. (depending on skirt depth) EPS foam contained in Individually sealed float pockets 5/16" Galvanized Steel Cable (9,800 lbs breaking strength) contained in a polyethylene tube 5/16" Galvanized Steel Chain (7,600 lbs breaking strength, 0.93 lbs/ft) High Tensile Strength Aluminum Universal Connector at float and top tension cable. ASTM 3/8" Stainless Steel Locking Pins. Grommets on reinforced fabric on lower skirt. Chain ends shacked section-to-section. Tool free connections. 50/100 ft. to 100 ft. Depth can be tapered to conform to bottom profile. Available on request Anchor Systems, Ropes, Marker Buoys, Solar Lights, Repair Kits ABASCO LLC 3002 Farrell Road, Houston, Texas 77073 Tel: 281-214-0300 Fax:832-553-7498 www.abasco.net Appendix J Department ofthe Army Nationwide Permit Verification SPL2012-00068-PJB REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY Los Angeles District Corps of Engineers LOS ANGELES DISTRICT, ARMY CORPS OF ENGINEERS San Diego Field Office 6010 Hidden Valley Road, Suite 105 Carlsbad, California 92011 July 20, 2012 Regulatory Division Sherri Howard City ofCarlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008-7314 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Dear Ms. Howard: I am responding to your request (SPL-2012-00068-PJB) for a Department ofthe Army rrln r n' ^^^^ ^ ^^^^ ^^^^^^^^ lagoon, in the city of Carlsbad, San Diego County, Califomia (Figure 1). & . A 7T ^'.Tf"* P'"'-'^''^' ^"'^""^ ^"''^ Sediment Removal would result in a discharge of dredged and fill matenal into navigable waters ofthe United States (U.S.: Figure 2) Therefore pursuant to section 404 ofthe Clean Water Act (33 U.S.C. 1344; 33 C.F.R. parts 323 and 330) ^oZlfZZ^^^ 'U-^-^- 4^3)' P^«P«-d action reqiures a Department of Army permit, r.c.,??'""^?"' "P to 25 cubic yards of sediment that accumulated as a thfl 7 T?, /x^^u^ed in 2008, which force soil from the road bed through nntT T Tf "''j^'^^"* *° ^ •'"^t ^^P- dock and the launch La are not fimctional because ofthe sediment build up. A turbidity/silt curtain will be erected temporanly durmg dredging and placement of rip-rap to prevent introducing turbid waters into !:„r H°- .f ^" ^ ^'^^P""^" *° ^ ^PP'°^^d facility for disposal.Tm^^S .dentified as die Calavera Treatment Site. Removal ofthe sediment is needed to restore the flood control capacity ofthe City's outfall. Undersized rip-rap will be replaced withlO cuWc varfs of np-rap capable of handling flows from the sixty inch dtLeter sto™ drain culvert AftSe StTemoved ^"'^'"^ ^'^ "^"^"''P ^ t»^bidity/silt curtain I have detennined construction of Bristol Cove Sediment Removal complies with Nationwide Permit (NWP) No. 3 Maimemnce, if conducted as described in your application. Specifically, you are authorized to conduct the following regulated activities: 1. Permanently impact 0.03 acre of waters ofthe U.S. by dredging 25 cubic yards of sedmient from Bristol Cove (Figure 2). uji-yarasoi -2- 2. Permanently impact 0.005 acre of waters of the U.S. by placing up to 10 cubic yards of rip-rap in Bristol Cove. For this NWP 3 Mamtenance verification letter to be valid, you must comply with all ofthe terms and conditions in Enclosure. Furthermore, you must comply with the following non- discretionary Special Conditions listed below: Pre-construction 1. Prior to initiating constmction in waters of the U.S., the Permittee shall submit to the Corps Regulatory Division a complete set of fmal detailed grading/constmction plans showing all work and stmctures in waters ofthe U.S. All plans shall be in compUance with the Final Map and Drawing Standards for the Los Angeles District Regulatory Division dated September 21,2009 (http://www.spl.usace.araiy.mil/regulatory/pn/SPL-RG_map-drawing-standard_fmal_w-fi All plan sheets shall be signed, dated, and submitted on paper no larger than 11x17 inches. No work in waters ofthe U.S. is authorized until the Permittee receives, in writing (by letter or e-mail). Corps Regulatory Division approval ofthe final detailed grading/constmction plans. The Permittee shall ensure that the project is built in accordance with the Corps-approved plans. 2. A pre-constmction survey ofthe project area for Caulerpa {Caulerpa taxifolia) shall be conducted in accordance with the Caulerpa Control Protocol (see http://swr.nmfs.noaa.gov/hcd/caulerpa/ccp.pdf) not earlier than 90 calendar days prior to planned constmction and not later than 30 calendar days prior to constmction. The results of that survey shall be fumished to the Corps Regulatory Division, National Oceanic and Atmospheric Administration (NOAA) Fisheries, and the California Department of Fish and Game (CDFG) at least 15 calendar days prior to initiation of work in navigable waters. In the event tiiat Caulerpa is detected within the project area, tiie Permittee shall not commence work until such time as tiie infestation has been isolated, treated, aad tiie risk of spread is eliminated as confirmed in writing by the Corps Regulatory Division, in consultation with NOAA Fisheries and CDFG. 3. FOR DREDGING PROJECTS WITH THE POTENTLAL TO IMPACT EELGRASS (eelgrass is present within or just outside of project footprint): Prior to each maintenance dredging event, a pre-project eelgrass survey should be conducted in accordance with the Soutiiem Califomia Eelgrass Mitigation Policy (SCEMP) (http://swr.nmfs.noaa.gov/hcd/eelpol.htm). Iftiie pre-project survey demonstrates eelgrass presence witiiin tiie project vicinity, a post-project survey should be conducted and impacts to eelgrass mitigated in accordance with tiie SCEMP. 4. The Permittee shall notify tiie Corps Regulatory Division of tiie date of commencement of operations not less than 14 calendar days prior to commencing work, and shall notify tiie Corps Regulatory Division ofthe date of completion of operations at least five calendar days prior to such completion. 5. No otiier modifications or work shall occur to tiie stmcture permitted herein. 6. To ensure navigational safety, tiie Permittee shall provide appropriate notifications to tiie U.S. Coast Guard as described below: Commander, lltii Coast Guard District (dpw) -3- TEL:(510) 437-2980 E-mail: dllLNM(guscg.mil Website: http://www.uscg.mil/dp/lnmrequest.asp U.S. Coast Guard, Sector LA-LB (COTP) TEL: (310) 521-3860 E-mail: john.p.hennigan@uscg.mil A) The Permittee shall notify tiie U.S. Coast Guard, Commander, 1 Itii Coast Guard District (dpw) and tiie U.S. Coast Guard, Sector LA-LB (COTP) and,CWO Tanya Huneycutt, Tanva m.hunevcutt@.uscg.mil at 619-278-7242 and MSTC Andrew Wall at Andrew hwallfa).uscg.mil at 619-278-7128 not less than 14 calendar days prior to commencing work and as project information changes. The notification shall be provided by e-mail witii at least tiie following information, transmitted as an attached Word or PDF file: 1) Project description including tiie type of operation (i.e. dredging, diving, constmction, etc). 2) Location of operation, including Latitude / Longitude (NAD 83). 3) Work start and completion dates and tiie expected duration of operations. The Coast Guard needs to be notified if these dates change. 4) Vessels involved in tiie operation (name, size and type). 5) VHF-FM radio firequencies momtored by vessels on scene. 6) Point of contact and 24 -hour phone number. 7) Potential hazards to navigation. 8) Chart number for tiie area of operation. 9) Recommend tiie following language be used in tiie LNM: "Mariners are urged to transit at tiieir slowest safe speed to minimize wake, and proceed witii caution after passing arrangements have been made." B) The Permittee and its contractor(s) shall not remove, relocate, obstmct, willfiiUy damage, make fast to, or interfere witii any aids to navigation defined at 33 C.F.R. chapter I, subchapter C part 66. The Permittee shall ensure its contractor notifies tiie Eleventii Coast Guard District in writing, witii a copy to tiie Corps Regulatory Division, not less tiian 30 calendar days m advance of operating any equipment adjacent to any aids to navigation tiiat requures relocation or removal. Should any federal aids to navigation be affected by tiiis project, tiie Permittee shall submit a request, m writing, to tiie Corps Regulatory Division as well as tiie U.S. Coast Guard, Aids to Navigation office (Brian Aldrich, 510 437 2983, Bnan.r.aldrich(a).uscg.mil). The Permittee and tiie contractor are prohibited fi"om relocating or removing any aids to navigation until autiiorized to do so by tiie Corps Regulatory Division and tiie U.S. Coast Guard. C) Should tiie Permittee determine tiie work requires tiie temporary placement and use of private aids to navigation in navigable waters of tiie U.S., tiie Permittee shall submit a request m writing to tiie Corps Regulatory Division as well as tiie U.S. Coast Guard, Aids to Navigation office (Brian Aldrich, 510 437 2983, Brian.r.aldrich@uscg.mil). The Permittee is prohibited fi-om establishing private aids to navigation in navigable waters of the U.S. until autiiorized to do so by tiie Corps Regulatory Division and tiie U.S. Coast Guard. 4- D) The COTP may modify the deployment of marine constmction equipment or niooring systems to safeguard navigation during project constmction. The Permittee shall direct questions conceming lighting, equipment placement, and mooring to tiie appropnate COTP 7. The permitted activity shall not interfere witii tiie right of tiie public to firee navigation on all navigable waters of tiie U.S. as defined by 33 C.F.R. Part 329. 8. Dredging: For this peraiit, the tenn dredging operations shall mean: excavation of dredged material within the project boundaries (Figure 2). 9 The Peraiittee shall maintain a copy of tiiis pennit on all vehicles used to dredge, transport arid dispose of dredged material autiiorized under tiiis peraiit. The transportation of dredged matenals shall not drain into the storaiwater drainage system, allow spillage of soils or waters on tiie streets or otiier areas. The dredged material must be secured such tiiat it does not drain back to tiie waters of tiie U.S. 10 The Peraiittee shall install erosion control measures (e.g., silt fences, sediment baniers, straw bales etc) as appropriate, to trap dredged materials on-site prior to transport, and to divert mnoff from freshly dredged materials. The Peraiittee shall ensure tiiat water quality is maintained within tiie project site, by mcorporating appropriate design elements into tiie project (e.g., maintainmg and installing sediment rolls, silt fences, and etc.) as approved by tiie Corps Regulatory Division. 11 Upon request, the Peraiittee and its contractor(s) shall allow inspectors from tiie Corps Regulatory Division, Environmental Protection Agency (EPA), and tiie U.S. Coast Guard (USCG) to inspect all phases of tiie dredging and disposal operations. 12 Dredging autiiorized in tiiis peraiit shall be limited to tiie areas defined in Figure 2. No more tiian 25 cubic yards of dredged material are autiiorized for dredging from Bristol Cove by tiie Pennittee. No dredging is autiiorized in any otiier location under tiiis pennit. This pennit does not authorize tiie placement or removal of buoys. 13. The Pennittee shall not commence dredging operations unless and until tiie Pennittee receives a Notice to Proceed, in writing, from tiie Corps Regulatory Division. 14. For tills pennit, tiie maximum dredging design deptii shall not be below nine (9) feet below mean sea level or outside the project boundaries. Construction ., r. • • -i +^ 15 The Peraiittee shall clearly mark tiie limits of tiie workspace witii flagging or similar means to ensure mechanized equipment does not enter preserved waters of tiie U.S. and ripanan wetland/habitat areas shown on Figure 2. Adverse impacts to waters of tiie U.S. beyond tiie Corps- approved constmction footprint are not autiiorized. Such impacts could result in pennit suspension and revocation, administrative, civil or criminal penalties, and/or substantial, additional, compensatory mitigation requirements. -5- 16 The Pennittee shall discharge onfy clean constmction materials suitable for use m tiie oceamc environment The Pennittee shall ensure no debris, soil, silt, sand, sawdust, mbbish, cement or concrete washings tiiereof, oil or petroleum products, from constmction shall be allowed to enter into or placed where it may be washed by rainfall or mnoff into waters of tiie U.S. Upon completion of tiie project autiiorized herein, any and all excess material or debns shall be completefy removed from tiie work area and disposed of in an appropriate upland site. Post-construction TTO *u n 17 Witiiin 45 calendar days of completion of autiiorized work in waters of tiie U.S., tiie Pennittee shall submit to tiie Corps Regulatory Division a post-project implementation memo indicating tiie date authorized impacts to waters ofthe U.S. ceased. 18 Witiiin 30 calendar days of completion of tiie project autiiorized by tiiis pennit, tiie Pennittee shall conduct a post-project survey mdicating changes to stmctures and otiier features m navigable waters The Peraiittee shall forward a copy of tiie survey to tiie Corps Regulatory Division and to NOAA for chart updating: Gerald E Wheaton, NOAA, Regional Manager, West Coast and Pacific Ocean, DOD Center Monterey Bay, Room 5082, Seaside, CA 93955-6711. 19 The Pennittee understands and agrees tiiat, if fiiture operations by the U.S. require tiie removal, relocation, or otiier alteration, of tiie stmcture or work herein autiiorized, or if, m the opimon ot the Secretary of tiie Araiy or his autiiorized representative, said stmcture or work shall cause unreasonable obstmction to tiie free navigation of tiie navigable waters, tiie Pennittee will be required, upon due notice from tiie Corps Regulatory Division, to remove, relocate, or alter ^e stmctural work or obstmctions caused tiiereby, witiiout expense to tiie U.S.. No claim shall be made against the U.S. on account of any such removal or alteration. 20 If a violation of any pennit condition occurs, tiie violation shall be reported by tiie Pennittee to tiie Corps Regulatory Division witiiin twenty-four (24) hours. If tiie Pennittee retams any contractors to perfonn any activify autiiorized by tiiis peraiit, tiie Pennittee shall instmct all such contractors tiiat notice of any violations must be reported to tiie Pennittee immediately. 21 The Pennittee shall submit a post-dredging completion report to tiie Corps Regulatory Division witiiin 30 calendar days after completion of each dredging project to document compliance witii all general and special conditions defined in tiiis pennit. The report shall include all infonnation collected by the Pennittee, tiie dredging operations inspector and tiie disposal operations inspector or tiie disposal vessel captain as required by tiie special conditions of tiiis peraiit. The report shall indicate whetiier all general and special pennit conditions were met. Any violations of tiie pennit shall be explained in detail. The report shall fiirther include tiie following mforaiation: A) Permit and project number. B) Start date and completion date of dredging and disposal operations. C) Total cubic yards disposed at the Calavera Treatment Site. D) Mode of dredging. E) Mode of transportation. F) Forai of dredged material. G) Frequency of disposal and plots of all trips to tiie Calavera Treatment Site. H) Percent sand, silt and clay in dredged material. -6 I) A certified report from tiie dredging site mspector indicating all general and special pennit conditions were met. Any violations of tiie pennit shall be explained m detail. J) The post-dredging report shall be signed by a dufy autiiorized representative of tiie Pennittee. The Pennittee's representative shall make tiie following certification: I certify under penalty of law tiiat tiiis document and all attachments were prepared under rny direction or supervision. The infonnation submitted is, to tiie best of my knowledge and belief, tme accurate, and complete. I am aware tiiat tiiere are significant penalties for submitting false info'raiation, including tiie possibilify of fine and imprisonment for knowing violations. Endangered Species Act , j 22 This Corps pennit does not autiiorize you to take any tiireatened or endangered species or adversefy modify its designated critical habitat In order to legalfy take a listed species, you must have separate autiiorization under tiie Endangered Species Act (ESA) (e.g. ESA Section 10 penmt, or a Biological Opmion (BO) under ESA Section 7, witii "incidental take" provisions witii which vou must comply). Your autiiorization under tiiis Corps pennit is conditional upon your comphance witii all of tiie mandatory terais and conditions in tiiis peraiit Failure to compfy with tiie terais and conditions associated witii tins peraiit where a take of tiie listed species occurs, would cor^itute an unauthorized take, and it would also constitute non-compliance with your Corps pennit Ihe U.b. Fish and Wildlife Service is tiie appropriate autiiority to detennine compliance witii the terais and conditions with the ESA. Cultural Resources . t . ^ 23 Pursuantto 36 C.F.R. section 800.13, in tiie event of any discovenes durmg constmction ot eitiier human remains, archeological deposits, or any otiier type of historic P^-^P^^y.^e Permittee shall notify tiie Corps' Archeology Staff witiiin 24 hours (Steve Dibble at 213-452-3849 or Jolm Killeen at 213-452-3861). The Pennittee shall immediatefy suspend all work m any area(s) where potential cultural resources are discovered. The Peraiittee shall not resume constmction m tiie area sunounding tiie potential cultural resources until tiie Corps Regulatory Division re-autiiorizes project constmction, per 36 C.F.R. section 800.13. Your verification is valid tiirough Jufy 20,2014. All NWPs will expire on March 18, 2017. It is incumbent upon you to remain inforaied of changes to tiie NWPs. A public notice ofthe change(s) will be issued when any of tiie NWPs are modified, reissued, or revoked. Furthennore, ifyou commence or are under contract to commence this activity before the date on which tiie relevant NWP is reissued, modified, or revoked, you will have twelve (12) months from tiie date of tiie reissuance, modification, or revocation ofthe NWP to complete tiie activity under the present terais and conditions of the relevant NWP. An approved jurisdictional detennination (JD) has been conducted to detennine tiie extent of U S Army Corps of Engineers (Corps) geographic jurisdiction, upon which tins NWP verification is based. An approved JD is an official Corps detennination ofthe precisely identified limits of Corps geographic jurisdiction on a particular site, and is appealable. Should vou wish to appeal an approved JD, you may request an administrative appeal under Corps regulations at 33 C.F.R. part 331. Please refer to tiie enclosed Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form for more infonnation. -7- ANWP does not grant any property rights or exclusive privileges. Additionally, it does not authorize any injury to the property, rights of others, nor does it authorize interference witii any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or local authorizations required by law. Thank you for participating in our regulatory program. If you have any questions, please contact Peggy Bartels at 760-602-4832 or via e-mail at Peggv.J.Bartels@usace.armv.mil. Please be advised that you can now comment on your experience with Regulatory Division by accessing the Corps web-based customer survey form at: http://per2.nwp.usace.armv.mil/survev.html. ^'Building Strong and Taking Care of People!" Sincerely, Robert R. Smith Senior Project Manager Enclosure(s) -8- LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY NATIONWIDE PERMIT Permit Number: SPL-2012-00068 Name of Permittee: Sherri Howard, City ofCarlsbad Date of Issuance: July 20, 2012 Upon completion ofthe activity autiiorized by tiiis pennit and tiie mitigation required by this pennit, sign this certificate, and return it to the following address: U.S. Army Corps of Engineers, Los Angeles District Regulatory Division ATTN: CESPL-RG-SPL-2012-00068 LOS ANGELES DISTRICT, ARMY CORPS OF ENGINEERS San Diego Field Office 6010 Hidden Valley Road, Suite 105 Carlsbad, Califoraia 92011 Please note that your permitted activity is subject to a compliance inspection by an Anny Corps of Engineers representative. Ifyou fail to compfy witii tiiis Nationwide Pemait, you may be subject to pennit suspension, modification, or revocation process ^o^^^^^^ § 330.5 or enforcement procedures such as tiiose contained m 33 C.F.R. §§ 326.4 and 52b.:>. I hereby certify tiiat tiie work authorized by tiie above referenced pennit has been completed in accordance with tiie terais and conditions of tiie said pennit, and required mitigation was completed in accordance with tiie permit condition(s). ^yr,.u: UcUJ>0J.6t M^24^2£l}^ Signature of Permittee I^ate 9- X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) PROFFERED PERMIT (Standard Permit or Letter of permission) PERMIT DENIAL APPROVED JURISDICTIONAL DETERMINATION PRELIMINARY JURISDICTIONAL DETERMINATION B D E SECTIONT^TSS be found at httn://www.usacearmv.mil/cecw/pa<^es/ree materials.aspx or Corps regulations at 33 CFRJPart331^ information may INITIAL PROFFERED PERMIT: You may accept or object to the permit. ^ r i ACCEPT- Ifyou received a Standard Permit, you may sign the permit document and return it to the district engmeer tor tinal authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance ofthe LOP means that you accept the permit m its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit OBJECT- Ifyou object to the pennit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly You must complete Section II of this form and retum the form to the district engineer. Your objections must be received by the district engineer within 60 days ofthe date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concems, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluatmg your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated m Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit . ACCEPT- Ifyou received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. Ifyou received a Letter of Pemiission (LOP), you may accept the LOP and your work is authonzed. Your signature on the Standard Peraiit or acceptance ofthe LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL- Ifyou choose to decline the proffered pemiit (Standard or LOP) because of certain terms and conditions therein you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This forai must be received by the division engineer within 60 days ofthe date of this notice. C- PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by compieting Section II of this form and sendmg the fomi to the division engineer This fomi must be received by the division engineer within 60 days of the date of this notice D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. . ACCEPT- You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. . APPEAL- Ifyou disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative AppeaYProcess by completing Section II of this fomi and sending the fomi to the division engineer. This form must be received by the division engineer within 60 days ofthe date of this notice. E- PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preiiminary JD The Preliminary JD is not appealable. Ifyou wish, you may request an approved JD (which may be appealed), by contactmg he Corps district for tother instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. 10- I SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT I REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial } >roffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or L objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record ofthe appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT QF CONTACT FOR QUESTIONS QR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: Peggy Bartels USACE 6010 Hidden Valley Road, Suite 105 Carlsbad, CA 92011 Peggy.j .bartels@usace.army.mil Ifyou only have questions regarding the appeal process you may also contact: Thomas J. Cavanaugh Administrative Appeal Review Officer, U.S. Army Corps of Engineers South Pacific Division 1455 Market Street, 2052B San Francisco, Califomia 94103-1399 Phone: (415) 503-6574 Fax: (415) 503-6646 Email: thomas.i.cavanaugh(a).usace.armv.mil RIGHT QF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govemment consultants, to conduct investigations ofthe project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations Signature of appellant or agent. Date: Telephone number: 11- Apfrtteant Optiois wl^ InlU^ Proffered Permit permit sent lo pmm or «$«jlicanl mm^ tit^mmi^cmmm, mmmmm ^ Use i^j^toiWe oeiwto®. er fw*. and an RFA torm. mm€ifpmf^Mm~ Th© preset m «ythorized t«rm» and coRdi^cms of permi? fro Appircant dedincs the proffered perm* The aec^iecl iiidW<fciai piwiB rmy i^^)eded hf mrtJiiiliM^ a f^PA to the d«/iiicjn eiig^«r IKJ days of the d«^ oTihe NM» (JBie Ai)p«f«^ ^ HCartsnad Fieic Office: - -•• j tt iouthem CaWorn.a Cwst.. Headqoarters U.S Army C .. 1, » ; "ft •>• Pagt •» Safety •» Tools» W» Rnlfl PrBrersncBS \09MA ReDOrtSl LOQOUt JD Form Oetatts I SPL-2012-00068-.JO1 SecBon lCM40a->Tnw Finked StcOon 10/4M->Thw Progress [ Baefcflrouna iffforrragon j I Chooseaaiars | I Detetniination | fmpaetaniUgrtfoft Map Lfrtters Documents Contods Regulators Comment B3ci<ground Wjtomu^ _ „ ,„ .„.„..„. ..„„.„,,„„™.—..—„„..,„.:__ ~~— tnttructow: Cht* ^f*>l to wtoo.l* tht pf«.popu».lKi d.t« tc j-aurtwt. To c^.r.86 th« a»l« d,ok .n the fieSd to «tx»f. the o,l*n<ii^ »na »(ea your new <i.li«.S a,<» N«t ID cor.inu.. JO Se<iuence: i Dates Request Date 18-Ju!-2012 Completion Date 18-J«t-2012 Office 08tenT*i3«onD3t« 18-Jui-2012 • RettfDetermin^onDateCs) Funfl Tracking ARR*i Project Fun{Jed(Ot)ers} NO •AROA2l*Tf3nsp«wt3«onAgfeemertsRegu»atofFun(le<J{Cofps)NO , OWstte m^inf) 141.5 Unear (ms 35 Umits Basts 1987 DefineaBwJ Mano^. OH'AfM ElevaeorK» known) ReconsMeration Request (or JO RcconsWeratkHi NO % Lcftai r*ranet | Protcdied Mode Off » \ 100% Wednesday, Jul 18. 2012 09:06 PM LSA FEET SOURCE: Bing Maps (2008) LEGEND i i Project Location O Riprap Replacement Area |;2i{J Sediment Removal Area ^ I Silt Curtain Location i I Parcel Boundary (with APN #) FIGURE 2 Bristol Cove Sediment Removal Aerial Project Location I:\HCR1007\GlS\Fig2_Aerial_Location.nixd (8/17/2011) FIGURE 1 LSA LEGEND Project Location 1000 2000 Bristol Cove Sediment Removal Project Location SOURCE: USGS 7.5' Quad - San Luis Rey (1975). Calif. R:\HCR1007\GIS\Figl_Location.inxd (12/16/2010) Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 3 Maintenance. TERMS AND CONDITIONS 1. Nationwide Permit(s) NWP 3 Maintenance. Terms: Your activity is authorize(i under Nationwide Permit Number(s) NWP 3 Maintenance, subject to the following terms: 3. Maintenance, (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris in the vicinity of and within existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and the placement of new or additional riprap to protect the structure. The removal of sediment is limited to the minimum necessary to restore the waterway in the immediate vicinity of the structure to the approximate dimensions that existed when the structure was built, but carmot extend further than 200 feet in any direction firom the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an upland area unless otherwise specifically approved by the district engineer under separate authorization. The placement of riprap must be the minimum necessary to protect the structure or to ensure the safety of the structure. Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer. (c) This NWP also authorizes temporary structures, fills, and work necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for constmction activities, access fills, or dewatering of construction sites. Temporaiy 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 retumed to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation or beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 27). Where maintenance dredging is proposed, the pre- construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Sections 10 and 404) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(f) exemption for maintenance. 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. 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 stmcture or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 ofthe 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 stmctures or adjacent bank stabilization. 8 AHv^r.e Effects From Tmnoundments. Ifthe activity creates an impoundment of water, adverse effects • to tlie aquatic system due to accelerating the passage of water, and/or restnctmg its flow must be minimized to the maximum extent practicable. 9 M.n.gp.mentnf Water Flows. To the maximum extent practicable, the pre-construction course, capacity, and lo-^tion of open waters must be maintained f""-*^«^ chamielization 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 ofthe activity is to impound water or manage high flows The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. T^ni. Within inn-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. RQuipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. ..i.E...i»n.nH Sediment Controls. Appropriate soil erosion and sediment controls ""^t be^^^^^^ maintained in effective operating condition during construcUon, and all exposed soil and fills, as we 1 as any work below the ordinary high water mark or high tide line, must be permanentiy stab .zed at the earliest practicable date. Permittees are encouraged to perform work withm waters ofthe Umted States during periods of low-flow or no-flow. 13 R.n.nv.1 of Temnorarv 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 Senance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15 SinpIP .nd romnlete Proiect. The activity must be a single and complete project. The same NWP camiot be used more than once for the same single and complete project. 16 Wild and Scenic Rivers. No acfivity may occur in a component ofthe National Wild and Scenic River Sy tem or in a river officially designated by Congress as a "study river" for possible •"elusion m the Sem while the river is in an official study status, unless the appropriate Federal agency w,^h di ect m lagement responsibility for such river, has determined in writing that the proposed activity will no Xrfely affectL Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from tiie appropriate Federal land management P°°^J'^^^^^^ designated Wild and Scenic River or study river (e.g.. National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18 Endangered Species, (a) No activity is authorized under any NWP which is likely to directly or • indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affecf a listed species or critical habitat, unless Section 7 consultation addressing the effects ofthe proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the reqmrements ot the ESA Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. , • • -f (c) Non-federal permittees must submit a pre-construction notification to the district engineer it 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 ofthe ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affecf or will have "no effecf to listed species and designated critical habitat and will notify the non-Federal applicant ofthe Corps' determination within 45 days of receipt ofa 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 Coips has provided notification the proposed activities will have "no effecf on listed species or critical habitat, or until Section 7 consultation has been completed. Ifthe non-Federal applicant has not heard back from the Corps withm 45 days, the applicant must still wait for notification from the Corps. (d) As a resuh of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the defimtion of take means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairmg essential behavioral patterns, including breeding, feeding or sheltering. . . , i. u-. . u (f) Infomiation on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices ofthe U.S. FWS and NMFS or their world wide web pages at ^^^^.n..r..n., f..r. ar.v/ nr http://v^.fws.gov/ipac and http://www.noaa.gOv/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties, (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 ofthe National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer ifthe authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects ancl 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 pre-construction 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. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 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, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previousiv Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid constmction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or ifthe site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13,15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constmcted to avoid and minimize adverse effects, both temporary and pennanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic enviromnent are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity resuhs in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) - (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-constmction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity resuhs 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 ofthe 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 ofthe United States, even if compensatory mitigation is provided that replaces or restores some ofthe lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width ofthe required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee- responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions ofthe NWP verification must clearly indicate the party or parties responsible for the implementation and performance ofthe compensatory mitigation project, and, if required, its long-term management. (h) Where certain ftinctions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scmb-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the stmctures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25 Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance ofan 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. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-Bv-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Muhiple 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 ofthe NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer 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) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementafion of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. 31. Pre-Construction Notification, (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days ofthe date of receipt and, ifthe PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general mle, district engineers will request additional information necessary to make the PCN complete only once. However, ifthe prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until eitiier: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt ofthe complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, ifthe permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effecf 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 ofthe National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. Ifthe proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. Ifthe 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 of Pre-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 ofthe proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to resuh from the NWP activity, in acres, linear feet, or otiier appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficientiy detailed to allow the district engineer to determine that the adverse effects ofthe project will be minimal and to determine the need for compensatory mhigation. Sketches should be provided when necessary to show that the activity complies with the terms ofthe NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay ifthe Corps does the delineation, especially ifthe project site is large or contains many waters ofthe United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) Ifthe proposed activity will resuh in the loss of greater than 1/10-acre of wetiands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an altemative, 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 ofthe project, or ifthe 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 tiie designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and r -ui r- r • (7) For an activity that may affect a historic property listed on, determined to be eligible tor 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 ofthe historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Prcscr'v^-tion .A.ct (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 ofthe information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions ofthe NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-constmction notification and result in the loss of greater than 1/2-acre of waters ofthe United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre- construction notification, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fiilly consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions ofthe NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment ofthe proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resouixe 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 with either electronic files or multiple copies of pre-constmction notifications to expedite agency coordination. 3. Regional Conditions for the Los Angeles District: In accordance with General Condition Number 27, "Regional and Case-by-Case Conditions," the following Regional Conditions, as added by the Division Engineer, must be met in order for an authorization by any Nationwide to be valid: 1 For all activities in waters ofthe U.S. that are suitable habitat for federally listed fish species, the permittee shall design all road crossings to ensure that the passage and/or spawning offish is not hindered. In these areas, the permittee shall employ bridge designs that span the stream or river, including pier- or pile-supported spans, or designs that use a bottomless arch culvert with a natural stream bed, unless determined to be impracticable by the Corps. 2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19, 21, 23, 25, 29, 35, 36, or 39-46, 48-52 cannot be used to authorize stmctures, work, and/or the discharge of dredged or fill material that would resuh m the loss of wetiands, mudflats, vegetated shallows or riffle and pool complexes as defined at 40 CFR Part 230 40-45. The definition of "loss" for this regional condition is the same as the definitton of "loss of waters ofthe United States" used for the Nationwide Permit Program. Furthermore, tiiis regional condition applies only within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California. The desert regions in CaUfomia are limited to four USGS Hydrologic Unit Code (HUC) accounting units (Lower Colorado -150301, Northern Mojave-180902, Southem Mojave- 181001, and Salton Sea-181002). 3 When a pre-construction notification (PCN) is required, the appropriate U.S. Army Corps of Engineers (Corps) District shall be notified in accordance with General Condition 31 using either the South Pacific Division PCN Checklist or a signed application form (ENG Form 4345) with an attachment providing information on compliance with all ofthe General and Regional Conditions. The PCN Checklist and application form are available at: http://www.spl.usace.army.mil/regulatory. In addition, the PCN shall include: j • • • j a. A written statement describing how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters ofthe United States; b. Drawings, including plan and cross-section views, clearly depicting the location, size and dimensions ofthe proposed activity as well as the location of delineated waters ofthe U.S. on the site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate referenced elevation. All drawings for projects located within the boundaries ofthe Los Angeles District shall comply with the most current version of the Map and Drawing Standards for the Los Angeles District Regulatory Division (available on the Los Angeles District Regulatory Division website at: www, spl. usace. army .mil/regulatory/); and c. Numbered and dated pre-project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph shall be documented on the plan-view drawing required in subpart b of this regional condition. 4. Submission of a PCN pursuant to General Condition 31 and Regional Condition 3 shall be required for all regulated activities in the following locations: a. All perennial waterbodies and special aquatic sites within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of Califomia, excluding the Colorado River in Arizona from Davis Dam to River Mile 261 (northern boundary of the Fort Mojave Indian Tribe Reservation). The desert region in California is limited to four USGS HUC accounting units (Lower Colorado -150301, Northern Mojave-180902, Soutiiem Mojave-181001, and Salton Sea-181002). b. All areas designated as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council (i.e., all tidally influenced areas - Federal Register dated March 12, 2007 (72 FR 11092)), in which case the PCN shall include an EFH assessment and extent of proposed impacts to EFH. Examples of EFH habitat assessments can be found at: http://vyww.swr.noaa.gov/efh.htm. c. All watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south. d. The Santa Clara River watershed in Los Angeles and Ventura counties, including but not limited to Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the main-stem of the Santa Clara River. 5. Individual Permits shall be required for all discharges of fill material in jurisdictional vemal pools, with the exception that discharges for the purpose of restoration, enhancement, management or scientific study of vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in accordance with General Condition 31 and Regional Condition 3. 6. Individual Permits shall be required in Murrieta Creek and Temecula Creek watersheds in Riverside County for new pemianent fills in perennial and intermittent watercourses otherwise authorized under NWPs 29, 39, 42 and 43, and in ephemeral watercourses for these NWPs for projects that impact greater than 0.1 acre of waters of the United States. In addition, when NWP 14 is used in conjunction with residential, commercial, or industrial developments the 0.1 acre limit would also apply. 7. Individual Permits (Standard Individual Permit or 404 Letter of Permission) shall be required in San Luis Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures. 8. In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San Diego Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California, the Corps' Division Engineer, through his discretionary authority has revoked the use of the following 26 selected NWPs within these SAMP watersheds: 03, 07,12, 13, 14, 16, 17, 18, 19, 21, 25, 27, 29, 31, 33, 39, 40, 41, 42, 43, 44, 46,'49, and 50. Consequently, these NWPs are no longer available in those watersheds to authorize impacts to waters of the United States from discharges of dredged or fill material under the Corps' Clean Water Act section 404 authority. 9. Any requests to waive the 300 linear foot limitation for intermittent and ephemeral streams for NWPs 29, 39, 40 and 42, 43, 44, 51 and 52 or to waive the 500 linear foot limitation along the bank for NWP 13, must include the following: a. A narrative description of the stream. This should include known information on: volume and duration of flow; the approximate length, width, and depth ofthe waterbody and characters observed associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or scour marks); a description ofthe adjacent vegetation community and a statement regarding the wetiand status of the associated vegetation community (i.e. wetland, non-wetiand); surrounding land use; water quality; issues related to cumulative impacts in the watershed, and; any other relevant information. b. An analysis ofthe proposed impacts to the waterbody in accordance with General Condition 31 and Regional Condition 3; c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed project; and d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be compensated, in accordance with 33 CFR Part 332. 10. The pemiittee shall complete the constmction of any compensatory mitigation required by special condition(s) ofthe NWP verification before or concurrent with commencement of constmction ofthe authorized activity, except when specifically determined to be impracticable by the Corps. When mitigation involves use ofa mitigation bank or in-lieu fee program, the permittee shall submit proof of payment to the Corps prior to commencement of construction ofthe authorized activity. Further information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (x) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (x) Section 404 of the Clean Water Act (33 U.S.C. 1344). () Section 103 ofthe 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 tiiereof 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 stmctures caused by the activity authorized by this permit. (d) Design or construction deficiencies associated with the permitted work. (e) Damage claims associated with any fiiture modification, suspension, or revocation of this permit. i. 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 ariy 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). , . i • • i (c) Significant new information surfaces which this office did not consider m 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 tor the issuance of an administrative order requiring you to comply with the terms and condittons 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 ifyou fail to comply with such directive, this office may in certain situations (such as tiiose specified in 33 CFR 209.170) accomplish the correcttve 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 witii the terms and conditions of this permit. You are not relieved of this requirement ifyou abandon the permitted activity, although you may make a good faith transfer to a third party m 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 ofthe 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 witii the terms and condittons of your permit. Appendix K Notifications Resident Notifications: Contractor shall notify residents adjacent to work area and those in units where staging will be set up in the street in front of homes. Where staging areas will be in the street, the contractor shall post no parking signs 48 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 48 hours in advance of the rescheduled work. A No Fee Right of Way permit and Traffic Control Plan will be required ifthe street is used for staging and storage of materials. Boat Trailer Storage Area (Staging and Storage area): Contractor shall notify Tafu Sagapolutele with the Bristol Cove HOA a minimum of two weeks prior to start of project to allow for notification of boat trailer owners to relocate boat trails for duration of project. Contact information for Tafu Sagapolutele: 760-603-0501 X 100 Tafu@champs-sd.com