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HomeMy WebLinkAbout1987-01-06; City Council; 8853; Update on the Status of the Batiquitos LagoonCI1. OF CARLSBAD — AGENDA BILL 7o DEPT.. 1/6/87 CM TITLE: UPDATE ON THE STATUS OF THE BATIQUITOS LAGOON ENHANCEMENT PLAN (BLEP) o O O —oz=)oo RECOMMENDED ACTION: No action required. ITEM EXPLANATION There will be a presentation by Mr. Vernon Hall of the Port of Los Angeles and by Ms. Laurie Marcus of the California Coastal Conservancy. Mr. Hall will discuss the ports role in the enhancement of Batiquitos Lagoon and the status of the Mitigation Agreement which will serve to implement the enhancement project. Ms. Marcus will discuss the plan's recommended watershed management component. This component is aimed at reducing the sedimentation of the lagoon. Carlsbad approval of the enhancement plan or the Mitigation Agreement could require the City to adopt the recommended watershed component. The draft plan is in the process of public review. The review period will end with a public hearing conducted by the Coastal Conservancy on January 15, 1987 at 7 p.m. at the Levante Community Center. City staff has reviewed the draft plan relative to its relationship to the Mitigation Agreement which identifies Carlsbad as the lead agency to implement the enhancement project (Plan summary and comments attached). EXHIBITS 1. Outline summary of the Enhancement Plan 2. Letter to California Coastal Conservancy dated December 17 1986 Draft Batiquitos Lagoon Enhancement Plan Outline Summary I. Purpose of the Plan To restore lost and diminishing habitat values and to enhance a valuable wildlife resource. II. Aspects of the Plan A. A description of the existing values. 1. Water quantity - extreme variation in salinity, temperature, and water depth. 2. Sedimentation a) rate 1 to 2 cm/yr b) primary sources - agriculture and urbanization 3. Natural resources (habitats) a) emergent marsh (salt and brackish marsh) b) sand and mudflats (seasonally covered with water) c) open water d) riparian forest e) Compared to other county wetlands Batiquitos has high values for waterfowl and shorebirds. f) Lagoon and adjacent riparian are habitats for at least four endangered species. 4. Aesthetic Values - currently suffer from extreme seasonal fluctuations in water level and odor problems. B. Constraints and Enhancement Goals 1. Goals - table 1 was developed from consensus comments obtained at several public hearings for the plan. 2. Constraints - a) Transportation corridors restrict water (tidal) flow. b) Any enhancement alternative must retain existing habitat values (waterfowl and shorebird habitat). c) Most of the lagoon is in private ownersip which makes it difficult to manage as a wildlife habitat. d) Enhancement would require relocation of a major utility line. e) The lagoon is watershed within the jurisdiction of several governments. Each has different policies regarding erosion control (sediment source for the lagoon). TABLE 1 BATIQUITOS LAGOON ENHANCEMENT GOALS Habitat Types The overall goal 1s to enhance the lagoon environment for wildlife habitat. Open the lagoon to tidal action while retaining migratory bird habitats to the greatest degree feasible. Protect endangered species habitat and create additional habitat where possible. Maintain existing areas of wetland and create additional marsh. Maintain existing riparian habitat. Maintain natural buffer (e.g. bluffs) where possible and adequate lateral buffer (e.g. 100 ft.) 1n other areas. Hydrology Restore tidal action. Provide for a fluctuation of water level. Maintain good water quality. Keep the lagoon wet as much of the year as is possible. Public Access Create a north shore trail. Establish viewing points around the lagoon with Interpretive signs. Recommend the City of Carlsbad Include a bike trail 1n any expansion of La Costa Blvd. No water sports, boats or fishing should be allowed in the lagoon. Visual Qualities Minimize the use of man-made structures. Retain a natural look. Biological viability takes precedence over aesthetic values should the two ever conflict. Sedimentation Reduce sedimentation into the lagoon using the most cost effective remedies. A mixture of public and private funding should be used to operate and maintain lagoon improvements. -2- III. The Enhancement Plan - Preferred Alternative (Figure 1) A. Tidal Prism The alternative would involve excavation of material to create a potential 67 million cubic foot daily tidal prism (volume of water exchanged during a tidal cycle). This size tidal prism would probably keep the lagoon mouth "always open". B. Habitat and Acreages 1. Subtidal 220 acres 2. Intertidal 170 acres 3. Salt/brackish Marsh 139 acres 4. Freshwater Marsh 33 acres 5. Least tern nest sites (4) 34 acres TOTAL 596 acres C. Construction - the most cost effective and environmentally acceptable way to excavate and dispose of 3 million cubic yards of material will be determined during preliminary engineering design and preparation of the EIR. D. Lagoon Channel Maintenance - periodic maintenance may be required to clear the mouth after very large storms. E. Sediment Control System - In order to ensure that the lagoon does not "silt-in" after a costly excavation the Plan recommends both structural and non-structural controls. 1. Structural Controls - construction of debris (de- silting) basins at San Marcos and Encinitas Creeks plus basins adjacent to 1-5 at Piraeus and Eolus. 2. Non-Structural Controls - includes strengthening of the City's grading ordinance plus adoption of management criteria for agricultural practices, floodplain development, and stormwater detention. F. Public Access - a trail system is proposed for the north shore of the lagoon. G. Lagoon Ownership and Resource Management. The Plan proposes that the lagoon must be transferred to State Ownership before construction can begin. The entire area would then be managed by Department of Fish and Game as an Ecological Reserve. 111 oo_°1o oo.oCM O §- ^ O- "•9 o O O •™ COo •^5o — •H < Z QC LU•|—•i__j < O LU QC QC LJJ LL LLI QC Q. _ so<o SEDIMENT9Z P 9 X U z •1d Sx z oUl0} 0.oBE& Z 5 •fr- Ul QUla «fr-zIII o Ul Ul 0 a Ul fr-o> •QUl(0 a.O BASIN PRfr- ill2a Ul -3- H. Operations and Maintenance - The Plan proposes a program that would be administered by the Department of Fish and Game. Cost of administering the program would vary depending on the size of storms .and conditions in the watershed. The plan suggests that $200,000 be available each year. Unused monies would be available for years when maintenance costs are higher. I. Implementation - The Plan proposes that the City of Carlsbad be responsible for the following: 1. Sign the agreement that establishes the enhancement as mitigation for the PACTEX project. 2. Act as "Lead Agency" in preparing the environmental documents and the preliminary engineering. 3. Apply for all permits required to construct the project. 4. Prepare the final engineering plans. 5. Advertise construction bids and let the contracts, 6. Construct the project after the state and federal agencies certify that final design is in accordance with the Plan. 7. Construct required desilting basins. 8. Adopt the Plan's structural and non-structural sediment control plan. 9. Adopt the final enhancement plan. 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 PLANNING DEPARTMENT — - « (619) 438'1161 City of Cartebab December 17, 1986 California Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, California 94612 Attention: Laurie Marcus The City of Carlsbad commends the Conservancy on its preparation of the draft Batiquitos Lagoon Enhancement Plan (BLEP). The Plan is very comprehensive and its implementation should produce a standard for future wetlands restoration projects. If the plan were to follow the normal process for coastal restoration projects, it would allow some flexibility for implementation and the City's comments would be very limited. However, since the plan (draft) will become "Exhibit A" of the Mitigation Agreement for the PACTEX project, the City has some serious concerns with it. The plan requires the City to take a number of specific actions ranging from property acquisition to the modification of existing ordinances. Therefore, a technical problem exists in that if the City signs the Mitigation Agreement, it must implement the plan s specific requirements. Considering that the plan was prepared based on a limited budget and on sparse technical data, it is far too specific and inflexible. It should be remembered that the plan is conceptual and except for establishing precise mitigation requirements (habitat acreages) it should allow enough flexibility to achieve the plan's stated goals. In other words the plan should be revised to make it very clear that the recommended actions of local jurisdictions are not requirements. Since it is probably not possible to revise the plan prior to to the signing of the Agreement, the Agreement must be modified. The City suggests the following: Laurie Marcus December 17, 1986 Page 2 1. Exhibit "A" to the Agreement should contain only those portions of the plan which describe the mitigation project. 2. The Agreement should indicate that the design and location of structural sediment control facilities will be determined through the preliminary engineering, environmental review, and related technical studies. 3. The Conservancy will work with local jurisdictions to develop and implement non-structural sediment control measures in order to ensure that the structural measures will work adequately, overtime. The approval of the Agreement shall not be dependent upon the adoption of specific non-structural controls by any local jurisdiction. 4. Design specifications detailed in the draft BLEP will be assessed by the preliminary engineering, environmental review and related technical studies. The final BLEP shall be modified to reflect any changes warranted by the assessment studies. The mitigation project shall be based on the final BLEP. Attached to this letter are some specific comments on the draft plan which should help clarify the City's concerns. If the draft plan and the Mitigation Agreement can be amended to address the City's concerns as outlined above, then a serious impediment to Carlsbad's participation in the enhancement plan can be removed. Thank you for the opportunity to comment on the enhancement plan. If you have questions regarding the City's position, please contact me. If you have questions regarding the technical comments (attached) please contact Gary Wayne of the City's Planning Department. Sincerely, CITY OF CARLSBAD FRANK ALESHIRE City Manager FA/GW/arb Attachments DRAFT MTIQUITOS LAGOON ENHANCE XIII XIII 4 XIII-XIV 5 XVII 6 XXI 89-92 95 COMMENT The location and design of all sediment control facilities should be determined by the preliminary engineering studies and the environmental review. The City does not permit "uncontrolled" grading on large areas. The enhancement plan should not require revisions to the most restrictive grading ordinance in southern California. The enhancement plan should not require adoption of floodplain, stormwater, and agricultural resource management criteria or ordinances. Instead the plan could recommend that local jurisdictions employ their best efforts at controlling sedimentation through non-structural methods. The plan could then offer suggestions on how to accomplish this. It should be made clear that public access is not part of the mitigation project. Paragraph 5 should read, "Portions of this enhancement plan will become an exhibit to the Mitigation Agreement." Structural and Non-structural Erosion and Sediment Control Measures: The plan's requirements are in some cases is too restrictive and unwarranted; In other cases the requirements may be desirable but the City may not have the ability to carry-out. The City suggests that the plan provide more flexibility to accomplish "feasible" alternatives. The County of San Diego also has regulatory jurisdiction over portions of the watershed. Most importantly the area proposed for the desiltation basin on Encinitas Creek is on private property located in the County. The PC zone is in conformance with the General Plan (as well as the LCP). The PC zone is placed on large properties. The zone requires a master plan prior to the development of those properties. The master plan must be in conformance with the underlying General Plan. Since the General Plan designates the lagoon as open space, the HPI master plan must implement this designation. f PAGE COMMENT 12 138-142 specific criteria since some may be either (Continued) undesirable, incorrect, and/or infeasible. Instead the plan should require that local jurisdictions employ their best efforts at dealing with the management criteria aspects of sediment control. 13 142-146 The plan should make it clear throughout that the public access component is conceptual. The specific trail alignment as well as the necessary land dedications will be determined through future development approvals. Additionally, the plan should point out that funding for acquistion, construction, and maintenance of the public access component is separate from mitigation funds and that it's source has not been determined and is presently uncertain. 14 146 There may be other alternatives besides the transfer of fee title (as is implied) before the enhancement project can begin. It should be noted that the offer to dedicate title or a conservation easement to allow construction of any phase or component of the project should not be a requirement of the plan. There may be alternate means as well as alternate locations that will accomplish the enhancement goals of the plan. The plan needs to be flexible to allow the preliminary engineering and technical studies to determine the most appropriate alternatives. 15 162 The Conservancy Act (PRC Sec. 31000 et. seq.) also requires City review and comment. Moreover, City of Carlsbad approval of the plan will be required in order to implement the plan. 16 165 An encroachment permit may be required from the City since it has title to portions of Highway 101 (Carlsbad Boulevard). 17 168 Since operation and maintenance is a negotiated item of the mitigation agreement the discussion in the plan should be limited to "possible" costs and an implementation plan - not to specific dollar amounts or terms. In other words the discussion should be broad and general. 18 170 The proposed structural and non-structural sediment control measures are too inflexible and restrictive. For example, what if the City can't gain sufficient interest in the land to construct PAGE COMMENT 18 170 sediment basins where proposed? Will alternate (Continued) locations be acceptable (especially if the technical studies so indicate) or will the enhancement plan have to be abandoned? Regarding amending the City's grading ordinance or adopting management criteria please refer to previous comments (Nos. 1, 2, 3, 6 and 12). BATIQUITOSLAGOON ENHANCEMENT PLAN .**m California State Coastal Conservancy, 1986 BATIQUITOS LAGOON ENHANCEMENT PLAN SUMMARY INTRODUCTION Batlqultos Lagoon 1s one of a series of six lagoons on the northern coast of San Diego County. It lies at the southern edge of the City of Carlsbad extending Inland for 2 1/2 miles from Its ocean mouth and averaging 1/2 mile in width. As a coastal wetland* the lagoon provides wildlife habitat for many resident and migratory species as well as an open space and recreational area for Its human neighbors. Less than 150 years ago Batlqultos Lagoon was a fully tidal system, nourished by dally Infusions of ocean water. Archaeological evidence shows the lagoon held ~~r1ne shellfish which the local Indians harvested 1n abundance. The lagooi. has changed significantly since this time with the advent of European and American settlement. Roads and railroads now crisscross the lagoon restricting water flows; vast amounts of sediment, washed down from plowed and graded lands 1n the watershed, has filled 1n the lagoon. Portions of the original eastern lagoon have been filled; waterflows from the upper watershed have been caught behind a dam and diverted to other uses. All these alterations, perceived and carried forth as Isolated actions, combine to drastically alter the lagoon. Batlqultos Lagoon 1s now filled with water only seasonally, when tributary streams flow; tidal Inflows have largely stopped. The changes which have occured at Batlqultos Lagoon are exemplary of the problems associated with many coastal wetlands In this region. Filling for urban use, port and harbor development and sedimentation have replaced marshes, lagoons and estuaries along much of the California coast. Southern California has experienced the highest rate of loss with over 75% of Us coastal wetlands gone. Los Angeles/Orange counties have experienced a 90% reduction of coastal wetland acreage. This nearly complete destruction of wetland habitats In southern California has made those areas which do remain extremely valuable. Despite all the changes Batlqultos Lagoon has undergone, large numbers of migratory birds stop here every year on their annual journey. The lagoon contains many acres of salt and brackish marsh and 1s a home for several endangered species. While diminished In Its capacity as a tidal system, the lagoon 1s a rare and valuable habitat worth preserving and enhancing. Without some human Intervention to benefit the lagoon environment, It will continue to degrade and eventually lose many of Its wetland values. In order to preserve and enhance the lagoon and retain Its wetland values, the State Coastal Conservancy has coordinated and produced this plan. The Conservancy was created In 1976 as an Implementation agency for the California Coastal Act. As a primary mandate of Its enabling legislation, the Conservancy 1s responsible for resolving coastal land Issues and for planning and Implementing habitat enhancement projects. The Conservancy also has funds for design and construction of public accessways and provides planning and Implementation assistance for watershed management programs. The Batlqultos Lagoon Enhancement Plan has elements of all these programs and 1s 1 representative of our efforts to Improve the resources of the coastal zone both for people and wildlife. This enhancement plan sets forth a blueprint for the enhancement of Bat1qu1tos Lagoon. It Includes: a description of the values the lagoon presently holds for wildlife; the physical and biological problems 1t exhibits; the physical, economic and social Issues which constrain enhancement efforts; enhancement goals established by government agencies and local citizens; three alternatives for enhancing the lagoon and providing public access; a watershed erosion and sediment control plan; and a plan for Implementing the project. These elements are briefly described here. EXISTING ENVIROffOT Soils, Water and Streams For thousands of years prior to European settlement the mouth of Bat1qu1tos Lagoon was open on a continuous basis. The channel was able to remain open because the actual tidal prism of the lagoon had adequate capacity on the ebb flow to scour a channel through the beach and offset the effect of sand build- up 1n the channel. However, since settlement of the area, the lagoon has experienced significant filling from erosion 1n the watershed and constriction of water flows from the fills and bridges for Highways 101 and 5 and the railroad. These bridges now represent choke points to tidal Inflows. Sedimentation has reduced the tidal prism of the lagoon to the point where the mouth rarely opens and not enough tidewater Is able to enter and leave the lagoon to keep the mouth open. When the mouth does open, due to high freshwater levels, tidal Inflows now stop after a maximum of several days. • ,. Now that the lagoon 1s dependent upon seasonal freshwater Inflows, Its water level may vary considerably from year to year. In some summer and fall months the lagoon may dry out, while 1n other years the lagoon retains shallow water year round. The amount of rain, number and timing of openings of the lagoon mouth and. draining of the lagoon, Influx of groundwater from springs and seeps . and the evaporative rate during summer now largely control the lagoon water level. Monthly water quality data are available for the years 1979-1983. The results show that water quality 1n the lagoon 1s controlled by the frequency of opening of the lagoon mouth, by evaporative concentration of salts, and by the Inflow of fresh nutrient-rich water from tributary creeks. Midsummer salinity In the lagoon exceeds that of seawater, ranging from 2.5 times the salinity of seawater 1n the upper lagoon to almost 4 times higher 1n the lower lagoon. The Inflow of water rich In ammonium, nitrate and phosphorous from San Marcos Creek and probably other tributary streams stimulates blooms of ditch grass (Ruppla maHtlma) and fillmentous green algae. Increasing salinity and temperature levels later In the summer cause the aquatic plants to die off. Decomposition of the dead plants depletes the supply of dissolved oxygen In lagoon water and further Increases nutrient levels. With no tidal exchange and little summer Inflow from San Marcos Creek, water temperatures In the lagoon Increase, further reducing the dissolved oxygen. In summary, the lack of tidal Inflows and limited seasonal freshwater Inflows results In stagnant summer water 11 quality conditions. Water quality conditions fluctuate widely over one year's time with extremely harsh conditions prevailing during mid to late summer. The Bat1qu1tos Lagoon watershed consists of 52 square miles with the primary tributary being San Marcos Creek. A dam on San Marcos Creek. Impounds water Into San Marcos Lake which acts as a silt basin for the upper portion of the creek. The remaining area below the dam Is Incised 1n a canyon until It spills out onto an alluvial plain which has been filled and developed for.the La Costa Golf Course. Enclnltas Creek Is the other major tributary. Most of the floodplaln of this creek Is covered with riparian forest and marsh which traps most of the heavy sediment carried by the creek. Estimates of the average annual sedimentation rate Into the lagoon show accumulation of 1-2 cm/year over the entire lagoon bottom. Estimates of the sedimentation rates for San Marcos and Enclnltas Creeks as well as the drainage ditches along 1-5 at Piraeus and Eolus are given. Other tributaries around the lagoon either have sediment basins or are planned to have them. The primary sources of this sedimentation are erosion of graded development sites, agricultural areas, and open, unvegetated land, and channel erosion. Maps of the watershed Illustrate the current extent of developed and agricultural . lands, natural and channelized streams and disturbed lands. Natural Resources Bat1qu1tos Lagoon contains four habitat types: emergent marsh (Including both -^ brackish and salt marsh), sand/mudflats which are seasonally covered by shallow f" water, open water, and riparian forest dominated by willows. The values of -- several of these habitats to wildlife vary with the amount of water the lagoon contains. "* Several species of mammals such as jackrabblts, ground squirrels and racoons use the lagoon and live along Us edges as do several reptllHan species. F1sh species are limited In diversity due to the drastic flucuatlons 1n water quality and temperature which occur annually In the lagoon. Likewise, benthlc Invertebrates (worms, clams and other creatures which Inhabit the lagoon bottom) and zooplankton species have difficulty surviving the water quality conditions at the lagoon. Birds, both migratory and resident, are the most conspicuous members of the lagoon fauna. Batlqultos Lagoon supports a seasonal Influx of migratory waterfowl and shoreblrds. Both shoreblrds and waterfowl use the eastern basin of the lagoon more than the western basin. Eleven species of waterfowl and » fifteen species of shoreblrds account for 95 percent of the total number of Individuals observed In Batlqultos Lagoon. Shoreblrds typically use the lagoon 1n late fall and spring when water levels are shallow and allow feeding by short-legged bird species. In drier years, Batlqultos Lagoon supports greater numbers of shoreblrds than either Agua Hedlonda or Buena Vista Lagoons. However, 1n high water years when the Batlqultos Lagoon water levels are deep, shoreblrd populations are higher at Agua Hedlonda Lagoon. Many of the occurances of large numbers of shoreblrds at Batlqultos Lagoon are due to the Influx of a flock of one species. 111 Waterfowl tend to use Batiqultos Lagoon during winter months when water levels are higher. Batiqultos usually has higher numbers of waterfowl than either Agua Hedlonda or Btsena Vista Lagoons. In drier years when Batiqultos water levels are low, Buena Vista Lagoon hosts larger waterfowl populations. Other resident bird species Include small passerine birds such as Long-billed Marsh Wren, Red-winged Blackbirds, House Finches and Song Sparrows which reside 1n the marsh or adjacent uplands. Wading birds such as Great Blue Herons and Great Egrets feed 1n the lagoon as do marine species like Double-crested Cormorants, Forster's Tern and California Gulls. Several state and federally listed endangered species nest or feed 1n the lagoon. These Include the California Least Tem, Beldlng's Savannah Sparrow, and Brown Pelican. A candidate species, the Snowy Plover also nests 1n the lagoon. The riparian forest along Endnltas Creek prvldes habitat for the Least Bell's Vireo. In comparison to other San Diego County wetlands, Batiqultos Lagoon has high habitat values for waterfowl and shorblrd habitats. It has a low value for fishery habitat due to the lack of tidal Inflows or stable water levels. The lagoon also has a high value for endangered species due to the number of different species nesting and feeding In the area. Aesthetic Values One of the most Immediately noticeable qualities of Batiqultos Lagoon 1s Its high aesthetic value. The diversity of the landscape, the beauty of such a large water feature, and the expansive open space of the lagoon set 1t apart from other surrounding lands. Steep bluffs ring the lagoon, striking a contrast with the flat basin. The lagoon also provides a wide swath of open space unrestricted by urban developments. Only the roads and railway break up the continuous line of sight along the lagoon. Depending upon whom you ask, there are various opinions about problems with the aesthetic features of the lagoon, the wet and dry cycles of the lagoon 1n particular. For some, water level 1n the lagoon 1s of great Importance In judging whether the lagoon 1s a pleasing site or an unsightly mess. For others, the seasonal change from wet to dry 1s acceptable. Perhaps generally more Important than water level to many residents, Is odor. Given the right conditions, bright green algae blooms may cover the lagoon, then die and create a strong, pungent odor. In addition, accidental spills of sewage Into the lagoon can create similar noxious odors. Unlike the variety of opinions about visual aspects, there are few people who do not complain about the lagoon's odor problems. Overall, the aesthetic values of Batiqultos Lagoon are relatively high, but suffer some loss due to seasonal water fluctuations and odor problems. Plans and Policies At present, the lagoon lands primarily serve as a wildlife habitat both officially under the ownership of the Department of Fish and Game and State Lands Commission and unofficially under the ownerships of flPI, 1v MitsuucM and Community Bank. The lagoon Is bordered and crossed by several transportation corridors and utility lines of various types. None of these land uses conflicts with the lagoon's function as a wildlife area. The agricultural uplands along the north shore of the lagoon are slated for mixed use development on the western end and proposed for residential and resort development along most of the eastern end. Residential development covers the lagoon's southern bluff tops and the La Costa Resort and various commercial lands border the floodplaln of San Marcos Creek to the Immediate east of the lagoon. Green Valley and Endnltas Creek still support some agricultural use but much of this area 1s planned for development. In sum, the lands surrounding the lagoon and comprising Its Immediate watershed are either already developed as urban areas or are proposed for development within the next ten years. The lagoon Itself remains an Important open space area and wildlife habitat/reserve. Three "oca! governments have jurisdiction over Batlqultos Lagoon and Its watershed: the Cities of Carlsbad, San Marcos and Endnltas. The lagoon and Its north shore, most of the San Marcos Creek floodplaln and two separate portions of the Endnltas Creek floodplaln He within the City of Carlsbad. The City's General Plan Open Space and Conservation element and West Batlqultos Land Use Plan contain goals and policies which support preservation and restoration of the lagoon as open space, protection of wildlife, and retention of public recreation and visual access to the lagoon. The City policies also outline retention of the natural character of waterways. The city's Batlqultos Lagoon Management Plan, although not adopted, contains many goals which guide evaluation of development proposals. City zoning for the lagoon 1s not entirely 1n conformance with the General Plan land use designation of open-space for the entire lagoon. While the western basin zoning Is open space, much of the eastern basin 1s zoned planned community. Likewise the San Marcos Creek floodplaln 1s zoned open space as 1s the eastern portion of Endnltas Creek (within the City) while the lower area of Endnltas Creek 1s zoned planned community. There 1s a certified Local Coastal Program Land Use Plan (San D1egu1to LUP) which Includes the bluffs along the southern margin of the lagoon and a small area of Endnltas Creek. These areas have since been Incorporated Into the City of Endnltas. The San D1egu1to LUP, when written, also Included the lagoon prior to Carlsbad's annexation of the area 1n 1984. The County's San D1egu1to Community Plan designates the portion of Endnltas* Creek east of the coastal zone boundary (El Camlno Real) as an Impact sensitive area and for open space. The City of Endnltas will be formulating a new plan for these former county lands and the present LUP and Community Plan may serve as guides. Within the City of San Marcos lies much of the upper watershed of San Marcos Creek. San Marcos Dam Impounds most of this drainage and separates 1t functionally from the lagoon watershed. The small area of the creek within the City of San Marcos downstream from the dam 1s zoned for open space use. Two agencies - the California Coastal Commission and the Army Corps of Engineers, have the primary permit authority over the lagoon area. Advisory to the Corps on permit applications Is the U.S. Fish and Wildlife Service, National Marine Fisheries Service and the Department of F1sh and Game. These "resource" agencies have policies which require a project to cause no net loss of fish and wildlife values either through permit denial, redesign of the project or mitigation of project Impacts. The Corps must weigh many factors 1n Its permit decision Including the "public Interest" and makes the final permit decision. In addition to Its authority over Batlqultos Lagoon, the Corps may also have authority over the riparian resources and streambeds of San Marcosand Endnltas Creeks. The Coastal Commission has extensive policies and guidelines regarding protection and restoration of wetland habitats. The Coastal Act Identifies Batlqultos Lagoon as one of the nineteen most Important coastal wetlands 1n the state. The State Lands Commission and Department of F1sh and Game have additional authority over the lagoon for each to protect the public trust and fish and wildlife resources, respectively. Department of Fish and Game must Issue stream alteration permits for any changes 1n the tributaries to the lagoon. SUMMARY OF PROBLEMS AND ENHANCEMENT NEEDS Our review of the biological, physical and regulatory aspects of Batlqultos . Lagoon and Its watershed revealed a number of resource problems: o Road fills and bridges which cross the lagoon restrict water movements and act as choke points to tidal flows o Sediment from agriculture and urban development In the watershed has filled 1n the lagoon, significantly reducing the tidal prism. Sedimentation continues to fill In the lagoon o Tidal Inflows to the lagoon are rare with the lagoon mouth typically closing several hours to a day after opening. Sediment has replaced tidal prism severely limiting the lagoon's ability to function as a tidal system o Water quality data for the lagoon shows salinity and temperature levels undergo enormous variation over a year, nutrient levels for nitrogen and phosphate are very high and water quality conditions exceed the tolerance levels of most aquatic animals o Fluctuations In water levels In the lagoon create areas of varying water depth. Depth of water dictates the species of migratory shoreblrds and waterfowl able to use the lagoon as a feeding site. Most years the lagoon provides mlrgratory bird feeding habitat during winter months o Variation In water levels determines the location and size of nesting areas for endangered California Least Terns and Snowy Plovers 1o Major portions of the lagoon are In private ownership and not managed as v1 wildlife habitat o Local City of Carlsbad General Plan policies and land use designations support preservation of the lagoon as "open space". Howeverr the zoning for most of the east basin of the lagoon 1s "planned community" while the zoning for the remainder of the lagoon Is "open space" o A 16 Inch gas line crosses the western lagoon as do several utility lines and transportation corridors o The lagoon watershed lies 1n the jurisdiction of three local governments - City of Carlsbad, City of San Marcos and the newly Incorporated City of Enclnltas. Each has different zoning and policies over their portion of the watershed streams THE P *,N PROCESS The Conservancy established a Batlqultos Lagoon Enhancement Group to set enhancement goals and help guide the progress of the enhancement plan. Table 1 lists these goals. This group Included members of concerned government agencies, local landowners, members of the lagoon foundation and others. All the meetings of the group were open to the public and several public workshops were held. The Conservancy also hired a consulting team to summarize existing knowledge on the lagoon and to formulate enhancement alternatives. During the time that the enhancement group was deliberating over enhancement alternatives, the Port of Los Angeles (Port) and the Pacific Texas Pipeline Company (PacTex) approached both the Conservancy and the lagoon enhancement group. These two entitles were proposing to fill a subtldal area of the Port to create an oil tanker facility and a pipeline to carry oil from California to Texas. Since the fill would permanently fill a marine habitat 1n the Port, the Port and PacTex were required under federal and state permit processes to compensate for the loss of habitat. Within the Port boundaries there was not adequate room for creation or Improvement of enough area to act as compensation. A site on the southern coast was needed and after a review of several locations, Batlqultos Lagoon was the prime candidate. The Involvement of the Port of Los Angeles and PacTex significantly changed the enhancement opportunities for Batlqultos Lagoon. A potential funding source for enhancement of Batlqultos Lagoon to a fully tidal system had appeared and the needs of the Port for mitigation and the goals of the enhancement group were largely the same. 4 Within several months, the Conservancy staff and their consultants developed three enhancement alternatives for the lagoon. The tidal cycle of each of these was slmulted by computer to evaluate tidal heights and thus calculate habitat types created. The three Resource Agencies - Department of F1sh and Game, U.S. F1sh and Wildlife Service and National Marine Fisheries Service evaluated the existing habitat values of Batlqultos Lagoon and those which would be created by the three alternatives. Using the Habitat Evaluation Procedure (HEP) developed by TABLE 1 BATIQUITOS LAGOON ENHANCEMENT GOALS Habitat Types The overall goal 1s to enhance the lagoon environment for wildlife habitat. Open the lagoon to tidal action while retaining migratory bird habitats to the greatest degree feasible. Protect endangered species habitat and create additional habitat where possible. Maintain existing areas of wetland and create additional marsh. Maintain existing riparian habitat. Maintain natural buffer (e.g. bluffs) where possible and adequate lateral buffer (e.g. 100 ft.) in other areas. Hydrology Restore tidal action. Provide for a fluctuation of water level. Maintain good water quality. Keep the lagoon wet as much of the year as Is possible. Public Access Create a north shore trail. Establish viewing points around the lagoon with Interpretive signs. Recommend the City of Carlsbad Include a bike trail in any expansion of La Costa Blvd. No water sports, boats or fishing should be allowed in the lagoon. Visual Qualities Minimize the use of man-made structures. Retain a natural look. Biological viability takes precedence over aesthetic values should the two ever conflict. Sedimentation Reduce sedimentation Into the lagoon using the most cost effective remedies. A mixture of public and private funding should be used to operate and maintain lagoon Improvements. the F1sh and Wildlife Service, these agencies Identified habitat acreages which had to be used 1n the plan to sustain existing values. The Conservancy used these acreages 1n designing the preferred enhancement alternative. Other Issues which were Investigated and negotiated Include: alignment of a public access trail along the north shore of the lagoon, a plan for controlling sedimentation Into the lagoon, and operation and maintenance program for the enhanced lagoon and an Implementation plan for the project. Proposed actions to solve these problems are Included In this plan. THE ENHANCEMENT PLAN Preferred Alternative This alternative endeavors to fulfill the goals of the enhancement plan by creating adequate tidal prism while still conserving the wildlife habitat values and marsh areas of the lagoon. Tidal Prism and Lagoon Channel Closure Conditions The single most Important hyrdrologlc design constraint for Bat1qu1tos Lagoon 1s to ensure that there Is a sufficiently large tidal prism to keep the entrance channel open. The complexity of the hyrdrodynamlc processes Involved and the difficulty In their measurement, make 1t difficult to predict the critical value of the tidal prism needed to assure the entrance channel will • always remain open. This plan uses an empirical approach and compares the proposed tidal prism for Batlqultos Lagoon to the tidal prisms and closure conditions for 20 other coastal lagoons and estuaries 1n California. The enhanced lagoon would have a potential diurnal tidal prism of 67 million cubic feet (see Table 11). This size tidal prism, when compared with other tidal systems, would place the enhanced Batlqultos Lagoon In the "always open" category. The lagoon .would be dredged to create a tidal basin. In the eastern basin, material would be excavated from the -2.5 foot NSL contour down to the -6.0 foot contour. The western basins would be excavated down to the -8.0 foot contour. A hydrodynamlc computer program was used to analyze tidal heights In the entire lagoon for an average tidal cycle. In order to decrease the amount of friction between the lagoon bottom and tidal flows, to create subtldal habitat and to overdredge the lagoon slightly, these bottom elevations were decided upon. This analysis also showed that deeper dredging 1n either basin provided no additional benefits to tidal flows. Ebb flows through the entrance channel would be slowed by energy losses and the mean lower low tide level 1n the main section of the lagoon 1s Increased by .4 feet. Most of this dampening effect 1s due to the constriction of the entrance channel and Highway 101 bridge. For the most part, the dredging area 1s confined to the presently unvegetated portions of the lagoon. The dredging was designed In this way to avoid loss of existing marshland. The dredging contours could create an unvegetated 1ntert1dal zone below existing marshes; a subtldal zone would be created below the Intertldal band. This subtldal zone will Include a defined bottom channel 1x Table 11 SUMMARY OF ALTERNATIVES - BATIQUITOS LAGOON ENHANCEMENT PLAN Intertidal Area (acres) (+2.5' to -2.5' NGVD*) Subtidal area (acres) (Below -2.5' NGVD) Area of salt/brackish marsh (acres) (above +2.5' NGVD) Area of Least Tern habitat (acres) Area of freshwater marsh (acres) Potential mean diurnal tidal prism (million cubic feet) Potential perlgean spring tidal prism (million cubic feet) Approximate volume of dredge material (million cubic yards) Entrance channel area (below 0* NGVD) (square feet) (Preferred 1 Alternative) 170 220 139 34 33 67 / 99 3.0 2 215 171 141 34 33 60 89 2.1 1700 1500 3 315 71 141 34 33 46 68 1.3 1200 Total Capital Costs (includes dredging @ $4.00/yd, drag bucket system, beach groins, levee, in million dollars) 12.4 8.8 5.6 *NGVD = National Geodetic Vertical Datum - approximately equal to Mean Sea Level 'V..-' to help transport the sediment out of the lagoon. The lagoon entrance channel would have a cross sectional area of 1700 square feet and stretch wide at the top. The channel will be cut through, the beach and lined with riprap to the MLLW line. The Highway 101 bridge may require additional fortification of Its piers to avoid undercutting. Habitat Acreages The preferred alternative Is expected to create the following habitat acreages: Subtldal habitat (-2.5 feet to -8.0 feet MSL) 220 acres Intertldal habitat (-2.5 feet to +2.5 feet MSL) 170 acres Salt/brackish marsh 139 acres Freshwater marsh 33 acres Least Tern nest sites 34 acres Total 596 acres The subtldal habitat 1s a shallow water area which 1s covered by 5 to 6 feet of water during most tidal cycles. Certain fish and Invertebrate species would be expected to colonize the subtldal area following the enhancement. Typical fish species which would Inhabit the lagoon Include: California halibut, white, spot-fin, and yellow croaker, and deep-body anchovy. The Intertldal habitat consists of mudflats which are covered and exposed twice dally by the tides. The Invertebrate worms, molluscs, crustaceans and others which would colonize this zone are the primary food source for migratory shoreblrds. ' Following the dredging, the abundance and variety of animals colonizing both the Intertldal and subtldal habitats will be a function of the subtrate type 1n the lagoon bottom, water quality, nutrient conditions and soil chemistry. These factors will undergo changes following the Initial dredging and the system may not reach an equilibrium for several years. The salt/brackish marsh areas will not be mechanically manipulated but will be composed of existing marsh. The Introduction of tidal Inundation could change the composition of plant species and areal extent of marsh 1n the lagoon. The plan Includes a managed freshwater marsh to be constructed 1n the northeastern comer of the lagoon. The primary reason for creation of a freshwater marsh Is to assure that the lagoon provides habitat for dabbling • ducks which currently use the lagoon during the winter. The marsh would be enclosed within a levee and filled with six Inches to one foot of water derived from San Marcos Creek. A weir would be placed 1n San Marcos Creek to pond and divert water. The levee would contain slide/flap gates to allow for release of freshwater and flooding by salt water. The water regime and vegetation of the marsh would be managed to maximize waterfowl habitat. The enhancement plan specifies creation of four least tern nesting sites to preserve nesting habitat for this endangered species. Each site would be x1 created from sandy dredge spoils, capped with clean beach sand and protected from predators by fencing. Fencing will be placed at a distance from each site such that 1t deters domestic animals and other mammals, but doesn't provide a hunting perch for avlan predators. Construction Methods The preferred alternative would require dredging and disposal of approximately 3.0 million cubic yards of sand and silt. These sediments must be tested for their grain size composition and chemical components so that a disposal scheme can be arranged. These tests will be conducted In conjunction with the preparation of the Environmental Impact Report. Generally, the plan proposes to place sandy dredge spoils on local beaches 1f feasible and dispose of clay/silt spoils on adjacent properties or as landscape fill for other areas. The most Inexpensive method of dredging the lagoon 1s to use dry land techniques rather than hydraulic dredging. Construction would begin in the east basin and progress to the west. The beginning of project construction must be scheduled either prior to the beginning of the nesting season of the Least Tern or following fledging of all chicks. The location of haul roads must also be arranged to minimize trampling and destruction of salt marsh or other sensitive areas. Lagoon Channel Maintenance •*• • The lagoon channel may require maintenance should a large enough storm fill 1t with sand. With the tidal prism proposed under the preferred alternative, the } lagoon should be "self maintaining", meaning the scouring energy of the ebbing r V~' tide 1s great enough to remove sand from the channel. However, very large storms, such as those of 1982-83, could bring waves with energy greater than the tidal scouring of the lagoon and the channel will become clogged. The plan proposes two alternative maintenance methods: drag bucket with an offshore block and tackle or a short pier with a drag bucket operated by a crane. The drag bucket system basically consists of Sauerman drag-scraper which Is pulled along a cable through the channel. The bucket scoops up material from the channel and then re-deposits It offshore. The two alternatives describe methods for attachment and operation of this system. Sediment Control System A sediment control plan for the Bat1qu1tos Lagoon watershed specifies both structural and non-structural control methods as well as a survey of existing conditions 1n the watershed. Structural sediment control facllltes would be constructed at four sites: San Marcos Creek Sediment Basin This basin would be 300 feet wide and 500 feet long and the channel through the golf course would be deepened. A weir set at 5.0 feet MSL would cross the channel at the bridge. This weir would slow flows for both the 2 year and 100 year storms enough to efficiently trap heavy sediments. ' Enclnitas Creek The riparian trees are functioning as a natural sandtrap and are protecting the lagoon from accumulation of heavy sediment. The riparian areas and natural floodplaln In this entire creek should be preserved and managed to avoid downcuttlng and loss of natural vegetation. To Improve the ability of this corridor to trap sand, a low dam would be constructed across the channel with several culvert outlets set at the same elevation to disperse flow across the corridor. A five acre trap above this dam would be cleared of sand every five years or more with a minimum of disturbance to riparian vegetation. Drainage ditches adjacent to 1-5 at Piraeus and Eolus These drainage ditches contribute sand to the lagoon.Two debris basins would be constructed on the trapezoidal channels to enhance sediment trapping. The primary causes of erosion and sedimentation 1n the watershed are: runoff of loose sediment from graded development sites and agricultural lands; erosion of natural streambeds from Increased storm flows due to paving of adjacent lands and concrete lining of portions of streams; discharge of stormdralns Into natural stream channels and canyons causing gully formation and channel erosion. The most effective method of controlling these problems 1s to limit the amount and type of ground disturbance 1n the watershed through local ordinances. These non-structural control measures Include: Revision and adoption of erosion control ordinances (Best Management Practices) In the Cities of Carlsbad, San Marcos and EndnltasTTRe watershed plan reviews the City of Carlsbad erosion control ordinance and suggests adoption of this ordinance, with several additions and revisions. Uncontrolled grading on large areas, replacement of riparian corridors with concrete ditches, road-building on steep slopes and other kinds of Intensive site disturbance could negate any downstream sediment control efforts. Implementation of this ordinance as well as the following features are essential to reducing sediment Inputs to the lagoon. Changing agricultural practices In the watershed to relect Resource Management Practices as suggested by the U.S. Soil Conservation Service. Adoption of flopdplaln management criteria for stream channels In the Cities of Carlsbad, San Marcos, and Enclnitas.The watershed plan reviews the sediment retention features of natural floodplalns and offers two options to retain these features during the development process. * Adoption of stgrmwater management criteria In the Bat1qu1tos watershed by the Cities of Carlsbad, San Marcos and Enclnitas.These criteria should reduce the amount of peak runoff produced by new developments 1n the watershed and decrease the problem of streambed erosion and sedimentation Into the lagoon. Public Access i A public access trail 1s proposed for the north shore of the lagoon. Beginning X111 In the northeastern corner of the lagoon, the trail head will be located on Rancho La Costa/Newport Shores property over which the Conservancy holds an open space/public access easement. The trail follows the existing dirt road along the north shore and begins to divert from this road on the HPI property. The trail moves to border the lagoon wetlands and will be located within the outer 50 feet of the 100 foot wetland buffer. The trail moves from the lagoon border to the dirt road and back along the shoreline In this section. The dirt road then Intersects Lagoon Lane where another trail head would be located. Continuing the trail around the wetland and under Interstate 5 1s both costly and creates a disturbance to the wetlands. Therefore, the recommended alignment consists of the shoreline trail along the eastern basin and a series of trails along the western basins. Public streets connect both, trails making it possible to traverse from one end of the lagoon to the other. The western basin trails may be reached 1n several ways. A primary access point will be on Wlndrose Circle In the Sammls development. From this point the trail will proceed both east to a viewing area and west along the bluffs on a pedestrian bridge over the railroad to Highway 101. The entire trail will be designed with an Improved surface and be available for pedestrian use only. As part of the public access Improvements, Interpretive signs would be placed at various points around the lagoon and viewing areas located near wildlife areas. Land Ownership and Management The private lands 1n the lagoon must be transferred to the State Lands Commission before construction of the enhancement project may begin. The State Lands Commission will then lease the property to the Department of Fish and Game and the entire lagoon would be managed as an Ecological Reserve. Nature study, hiking along shoreline trails and passive recreation will be allowed while boating, swimming, hunting and fishing are not permlssable. Operation and Maintenance Many features of the lagoon enhancement program will require operation and maintenance. These Include: general oversight of lagoon use and conditions, lagoon Inlet channel, managed freshwater marsh, Least Tern nest sites, sediment control basins, and the public access trail. Table 111 outlines these activities and their costs. A monitoring program would measure the physical, chemical and biological conditions In the lagoon to determine the effect of the enhancement. The proposed monitoring program would periodically review the physical contours of the lagoon, record water quality conditions and census benthic organisms, fish and bird species 1n the lagoon. The purpose of the program Is to monitor the success of the project and determine what other changes in the lagoon might be necessary.? xlv Table 111 Operation and Maintenance Costs Plan Element Task Cost Frequency Overall manage- ment of lagoon Lagoon Channel Freshwater Marsh Least Tern sites Sediment Control Fad 1 ties Public Access Trail Oversight and maintenance of fencing, fresh- water marsh, Least Tern nesting sites, sediment facilities, monitoring of lagoon, patrol- ling reserve Clearance of cobbles and sand Management of water levels and vegetation; maintenance of tldegates, water diversion structures, etc. Removal of vegetation, maintenance of sandy surface Cleaning and disposal of sediment Repair and replacement of signs, Interpretive fadHtes, water bars, resurfacing of trail $60,000/yearly for full time manager; only a part-time manager may be required $1000/Clearanee See lagoon manager; not available at this time $300-500/acre/ year Approximate - $68,700 Unknown, until designs are completed approximately 2% of constr- uction costs per year Continuous over- sight; perfor- mance and over- sight of maint- enance activities as needed Possibly once 1n thirty years or more often; no estimates are available Yearly manage- ment; replace- ment of gates, culverts, etc., as needed Yearly management Average annual may vary each year Unknown, trail will be designed with low maintenance criteria xv Plan Element Table 111 (continued) Operation and Maintenance Costs Task Cost Frequency Monitoring Measurement of physical, chemical and biological parameters of enhanced lagoon to assure compliance and success of project $10,000-$30,000 Yearly program xv1 Alternative Plans Two other alternatives for enhancement of the lagoon are Included. Alternative Two would create slightly less subtldal habitat and a smaller tidal prism (see Table 1v). There 1s less assurance that this smaller tidal prism will be able to keep the lagoon mouth open. Alternative Three would create a substantially smaller tidal prism and subtldal area. Under this alternative the lagoon mouth could close more frequently during large storms. Most of the features of the preferred alternative: construction methods, operation and malntentance, sediment control program, public access and monitoring would remain the same for Alternatives Two and Three. IMPLEMENTATION PROGRAM Once constructed, the Batlqultos Lagoon Enhancement project will be one of the largest and most costly habitat enhancement projects ever undertaken. It will require a number of permits, agency agreements, landowner agreements and establishment of several funding mechanisms. The main agreement to Implement both the PacTex fill project and Its mitigation, the Batlqultos Lagoon Enhancment project 1s a Mitigation Agreement between various government agencies. This agreement 1s a required attachment ,r-- , to both the Army Corps of Engineers 404 permit and the Coastal Commission \ permit for the PacTex project. This enhancement plan is Exhibit A of the Mitigation Agreement. ^ The Mitigation Agreement will set forth the manner in which the enhancement project will be constructed and funded, how many mitigation credits will be given to PacTex and the Port, and how operation and maintenance of the lagoon will be funded. In addition to the Mitigation Agreement, a number of other agreements and actions must occur before the enhancement project can go forward. Thses activities are outlined In Table 1v as are the Implementing actions for all features of the enhancement program. xv11 Table 1v Implementation Element LAGOON CONSTRUCTION 1. Review and adoption of Final Enhancement Plan Implementation Program Batiguitos Lagoon Enhancement Program Responsible Funding Agency Source Coastal Conservancy N/A 2. Transfer of lagoon land from private owners to State of California 3. Official vote by City of Carlsbad City Council to accept role as Implementation agency for lagoon project and terms of agreement with Port/PacTex 4. Negotiation of final mitigation agreement and signature by all parties 5. Approval of Mitigation Agreement by Coastal Commission and the Corps and State Lands Commission N/A City of Carlsbad N/A Port of L.A., N/A PacTex, City of Carlsbad, Coastal Conservancy, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Dept. of F1sh and Game, State Lands Commission Coastal Commission Corps of Engineers N/A Actions Required 1. Public and agency review and comment; transmlttal to Coastal Commission and City of Carlsbad 2. Review of comments and release of final plan 3. Adoption by Conservancy Board following completion of EIR 1. Owners may execute one of three different types of agreements to begin », transfer process * 1. The agreement betweei. the Port of L.A. and City of Carlsbad will be part of the Mitigation Agreement 1. The Coastal Commission final permit approval will be held during a public meeting; a public meeting Is not necessary for the Corps permit XV111 Table 1v (continued) lapleaentatlqn Program Batlqultos Lagoon EnhancaienT Prograa Implementation Element Responsible Agency Funding Source LAGOON CONSTRUCTION (continued) release of Pac/Tex permits 6. Establishment of special accounts for Batlqultos project 7. Beginning of EIR, preliminary studies and preliminary engineering study Port of L.A./PacTex City of Carlsbad City of Carlsbad N/A Port of LA/PacTex 8. Permit appllatlons and agreements required for the project Coastal Conservancy City of Carlsbad N/A Port of LA/ PacTex- Actlons Required 1. Use of these accounts will be outlined in the Mitigation Agreement 1. EIR and studies must evaluate condition and constituents of lagoon bottom sediments, various construction methods, spoils disposal methods, channel safety Issues, short-term construction Impacts and beach access Issues amongst others 2. Preliminary engineering studies will determine the need for bridge fortlflcaltons, need for relocation of gas pipeline which crosses lagoon and cost estimates for construction of project 3. Following CEQA procedures, the City of Carlsbad will certify the final EIR 4. Lagoon plan will be amended If needed to Incorporate changes 1n project resulting from EIR 1. City will apply for Coastal Development Permit and Army Corps of Engineers permit, the A1r Quality permit and any additional permits x1x Table 1v (continued) I^leaentatlqn Program Batlqultos Lagoon EnhanceaenT Prograa Implementation Element Responsible Agency Funding Source LAGOON CONSTRUCTION (continued) 9. Preparation of final engineering specifications and bid documents 10. Construction bids and letting of contracts 11. Construction of lagoon project Including dredging sediment basins, City of Carlsbad City of Carlsbad City of Carlsbad Port of LA/ PacTex- Port of LA/ PacTex- Port of LA/ PacTex Actions Required required for disposal of dredge spoils 2. City must negotiate: a) operating agreement with Dept. of Parks and Recreation b) long-term operating agreement or transfer of fee title for land at lagoon mouth held by County of San Diego c) encroachment permit from CalTrans d) agreements for disposal of clay/silt dredge spoils on private lands ~ e) 1601 stream alterat; ) agreement with DFG for construction of sediment basins f) conservation easements or title to land for sediment basins on San Marcos and Endnltas Creeks and over the riparian corridor 1n Green Valley on Endnltas Creek 1. The three Resource Agencies and Coastal Conservancy must review and approve engineering designs 1. The three Resource , Agencies, Coastal Commission and Corps must certify the project xx Table 1v (continued) Implementation Program Batlqultos Lagoon Enhancement'Program Implementation Element Responsible Agency Funding Source LAGOON CONSTRUCTION (continued) lagoon channel, least tern sites, freshwater marsh and fencing 12. Dept. of rish and Game becomes operation and maintenance agency for Batiqultos Lagoon Dept of F1sh and Game, State Lands Commission Port of LA/ PacTex- Operation and Maintenance Account 13. Monitoring Program begins Dept of F1sh and Game; Scientific researchers Interested 1n conducting add- itional studies STRUCTURAL SEDIMENT CONTROL MEASURES 1. Construction of sediment basins outlined 1n enhancement plan enhancement plan City of Carlsbad Port of LA/ PacTex- Operatlon and Maintenance Account Port of LA/ Actions Required complete and 1n accordance with permit requirements 1. Dept of F1sh and Game and State Lands Commission must sign a 50 year lease 2. Maintenance activities will Include removal of sediment from basins, keeping lagoon mouth open, removal of vegetation from least tern Islands', keeping fencing 1n good repair, all activities to maintain design and habitat specifications of the plan 1. A monitoring program to test the "success" of the project 1s required as part of the Coastal Development Permit.- 1. Land donation or easement for basins on San Marcos and Endnitas Creek 2. Agreement with CalTrans to modify cement channel to create Eolus and Piraeus basins 3. Environmental review and construction for basins to be completed under contracts for lagoon enhancement project '4. Maintenance will be performed by DFG with Port xx1 Table 1v (continued) Implementation Prograa Batlqultos Lagoon Enhance^enT Program Implementation Element Responsible Agency Funding Source STRUCTURAL SEDIMENT CONTROL MEASURES (continued) 2. Construction of sediment basins on private land along north shore of lagoon City of Carlsbad Coastal Commission Sammis Properties HPI 3. Modification of City of Endnltas Saxony Road Coastal Commission sediment basin to proper proportion to stop downstream erosion 1t currently causes NON-STRUCTURAL EROSION CONTROL MEASURES Owner 1. Adoption of Batlqultos Lagoon Watershed Sediment Control Plan 2. Revision and adoption of Excavation and Grading ordinance to reflect recommendations of plan 3. Possible adoption of ordinance for Resource Manage- ment Practices City of Carlsbad City of San Marcos City of Encinltas City of Carlsbad City of San Marcos City of Endnltas N/A N/A City of Carlsbad City of San Marcos City of Endnltas N/A Actions Required of LA/PacTex funding 1. Basin 1s already a condition of Sammis approval 2. Basins on HPI Properties should be made condition of project approval 3. Maintenance of private basins 1s responsibility of owner(s) 1. Request owner to modify basin to be consistent ^ with permit requirements under which basin was _ constructed ) 1. Review of plan and staff analysis 2. City Council vote on plan adoption 1. Review of ordinance revisions and processing as a zone code amendment 2. City Council vote on revision and adoption of ordinance 1. Review of agricultural land erosion Issues 2. Drafting of agricultural resource managment . practices ordinance ' xx11 Table 1v (continued) Implementation Program Batlqultbs Lagoon EnhancemenT Program Implementation Element Responsible Agency Funding Source NON-STRUCTURAL EROSION CONTROL MEASURES (continued) 4. Adoption of floodplaln management criteria for stream channels and an ordinance Implementing these criteria 5. Adoption of -fflfitsormwater V -lagement criteria for new developments tp the watershed PUBLIC ACCESS PROGRAM 1. Dedication of accessways and construction and m Maintenance of Improvements as parts of private developments around the lagoon City of Carlsbad City of San Marcos City of Endnltas N/A City of Carlsbad City of San Marcos City of Endnltas N/A Coastal Commission Sammis Properties Private Funding 2. Adoption of the Final Enhancement Plan (following Final EIR fortification) Conservancy Coastal Conservancy City of Carlsbad Batlqultos Lagoon Foundation Conservancy Fund Actions Required 3. Ordinance review process City Council vote on ordinance 1. Review of criteria and staff analysis 2. Drafting of floodplaln managment ordinance to Implement criteria through the development permit process 3. City Council vote on ordinance 1. Same as floodplaln management above 1. Requirements for' dedication of a public access easement and construction of access Improvements are a part of Sammis Properties coastal permit 2. Similar requirements may possibly be placed on permits for the HPI and Savage properties 1. Potential applicants to Implement necessary portions of the program Include City of Carlsbad and the Batlqultos Lagoon • Foundation XX111 Table 1v (continued) Implementation Prograa Bat1qu1tos Lagoon EnhanceaenTProgram Implementation Responsible Funding Actions Element Agency Source Requl red PUBLIC ACCESS PROGRAM (continued) Board and consideration of possible funding of public access xxlv IMPLEMENTATION OF BATIQUITOS LAGOON Summary of Key Events I. • Coastal/Corps Permits (Pacific Texas) • Establish Escrow Account ($15,000 + 5,000) January 1987 March 1987 II. • Agency M.O.A. Approved • Preliminary Engineering* EIR/EIS CARLSBAD «,0btain Permits/Rights \ */ Final Design \ ^^Property Acquisition • Construction $750,000 •$150,000 $ ??? February/March 1987 12 Months •6 Months 999 $10-12,000,000? 9-12 Months CDF&G III. • Maintenance (0-30 years) $_ > Maintenance (30-60 years) $ Fixed in M.O.A. Fixed in M.O.A. *POLA DECISION PT.