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HomeMy WebLinkAbout2000-01-25; City Council; 15597; Encina Basin Water Reclamation Programs 6 % 9 . . p 2 E! d 8 B ‘. & . . g 2 d 0 5 8 AB# 14597 MTG. l/25/2000 DEPT. CMWD TITLE: Approval of a Mitigated Negative Declaration for the Encina Basin Water Reclamation Program, Phase II Project, Case No. EIA 99-09; CMWD Project No. 98-301 and Approval of a Local Resources Program (LRP) Agreement between MWD, SDCWA, and CMWD for Encina Basin Water Reclamation Program, Phase I and Phase II Projects; CMWD Project No.98-301 CITYAlTY. CITY MGR- RECOMMENDED ACTION: THAT THE CITY OF CARLSBAD CITY COUNCIL: Adopt Resolution No. dm-37 for Approval of a Mitigated Negative Declaration for the Encina Basin Water Reclamation Program, Phase II Project, Case No. EIA 99-09; CMWD Project No. 98-301. THAT THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS: Adopt Resolution No. 1072 for approval of a Local Resources Program (LRP) Agreement between Metropolitan Water District of Southern California (MWD), San Diego County Water Authority (SDCWA), and Carlsbad Municipal Water District (CMWD) for Encina Basin Water Reclamation Program, Phase I and Phase II Projects; CMWD Project No. 98-301. ITEM EXPLANATION: In March, 1992, the City Council adopted the “City of Carlsbad Water Reclamation Master Plan”. The master plan envisioned delivering up to 11,480 acre-feet per year (AF/YR) of recycled water to City-wide, based on meeting existing and projected irrigation demands and industrial uses for the water. The master plan recommended the development of the recycled water system in five phases referred to as the Encina Basin Water Reclamation Program, or the “program”. Phase I of the program was initiated in 1992, completed in 1994, and has a capacity of 2050 AF/YR. Funding for Phase I of the program was obtained from two sources: the State Water Resources Control Board and the MWD through their Local Projects Program, which was converted to MWD’s Local Resources Program (LRP) by agreement dated July 1, 1999. In 1997, CMWD updated the program. Phase II of the updated program will increase capacity by 2,950 AF/YR. Phase II includes the following components: l Construction of a new 5.0 mgd advanced tertiary water reclamation plant referred to as the Carlsbad Water Recycling Facility (CWRF). l Construction of approximately 10 miles of pipelines ranging in size from 4 to 24 inches in diameter. l Construction of three pumping stations. l Construction of improvements to the existing 54 MG Mahr Reservoir. l Conversion of two existing reservoirs from potable water storage to recycled water storage. l Construction of up to three 10 MG secondary flow equalization basins to equalize flow to the CWRF and for the Encina Water Pollution Control Facility’s oceanoutfall. - - Page 2 of Agenda C NO. Conventional project processing usually involves, although does not require, concurrent consideration and actions regarding a project’s environmental determination and entitlement. Additionally, often project processing will involve some degree of consideration by the Planning Commission. For this City project, however, the environmental review process has been conducted, and a recommended environmental determination has been made, in advance of the project’s detailed review and entitlement. Additionally, the project has been brought directly to the City Council. The reason for this relates to the CMWD’s need to secure participation in a MWD rebate program, which requires an executed agreement and environmental determination for the project early this year. Detailed project review, of Phase II will commence in February 2000. Phase II project entitlement will follow and occur at future public hearings before both the Planning Commission and City Council, which are expected to occur in the spring and summer of this year. Project entitlement will include a General Plan Amendment, a zone change, a Local Coastal Program Amendment, a Precise Development Plan Amendment, a Coastal Development Permit, and a Conditional Use Permit. Based on the Environmental Impact Assessment for the Phase II project, a Mitigated Negative Declaration was issued by the City on December 10, 1999. Comments from the public were invited to be submitted to the Planning Department within 30 days of the date of issuance. Correspondence which has been received, as of the date of this report preparation, have been included as an attachment to this report. Staff will deliver a verbal repot-tin response to submitted comments at the City Council meeting. In September, 1998, the CMWD submitted a Phase II project proposal to MWD to obtain funding from their Local Resources Program (LRP). The Phase II project was competitively evaluated by a review committee and subsequently identified as one of 14 projects recommended for inclusion in the LRP. A draft agreement has been prepared to obtain an LRP contribution from MWD that will vary from $210/AF in 2001 to $lOO/AF beginning in 2010 and terminating in 2019. In addition, the draft agreement calls for combining the Phase I and Phase II projects to obtain the same contribution for each project. This avoids maintaining separate accounting records on each project. The agreement between MWD, the SDCWA, and CMWD must be authorized and executed by all agencies by April 1, 2000. Two separate actions are required by the City Council at this time for the Phase II project. The first is to approve the Mitigated Negative Declaration for the Project issued on December 10, 1999 by the Planning Department for the City of Carlsbad. The second action is to approve an agreement with CMWD, MWD, and the SDCWA to obtain funding from MWD’s Local Resources Program. FISCALIMPACT: In accordance with the LRP Agreement, CMWD will receive a contribution from MWD. This amount will vary on an annual basis from $210/AF to $lOO/AF for every acre-foot of recycled water sold through fiscal year 2018-2019. The total potential contribution is $11,818,000. The LRP Agreement has two performance provisions. The LRP Agreement will terminate if construction of Phase II facilities has not commenced by April 01, 2002. The LRP Agreement will terminate if Project production is not delivered from the proposed 5mgd CWRF by April 01, 2004. If the LRP Agreement terminates the existing Phase I Recycled Water Project and the existing LRP Agreement will not be superseded by the new LRP Agreement. 2 - Page 3 of Agenda Bill No. /5/ n7 ENVIRONMENTALREVIEW: A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the Phase II project. The Environmental Impact Assessment (EIA) Part II for the project concluded that the project would result in potentially significant effects on the environment in the following areas: land use and planning, biological resources, hazards, aesthetics, and cultural resources. Each of these potentially significant impacts, however, can be mitigated to a level of insignificance, with mitigation measures. The mitigation measures are incorporated into the Mitigation Monitoring and Reporting Program which is included as an attachment to the Resolution included with this report, Revisions in the project p’lans or proposals made, or agreed to, by the applicant before the proposed Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. EXHIBITS: 1. Mitigated Negative Declaration for the Encina Basin Water Reclamation Program, Phase II Project, Case No. EIA 99-09. (On File With City Clerk). 2. LRP Agreement between MWD, SDCWA, and CMWD for Encina Basin Water Reclamation Program, Phase I and Phase II Projects. (On File With City Clerk). 3. Correspondence regarding the circulated Mitigated Negative Declaration. 4. City Response letter to Olivehain Municipal Water Districts comment letter dated January 13, 2000. 5. City of Carlsbad City Council Resolution No. dooo-37 for approval of a Mitigated Negative Declaration for the Encina Basin Water Reclamation Program, Phase II Project. 6. Carlsbad Municipal Water District Board of Directors Resolution No. /Q72 for approval of the Local Resources Program (LRP) Agreement. _ NOTKE OF COMPLETION txL,\b,~ \ Marl to: Stale Clcannghouse. 1400 Tenth ‘ ,Room 12~.Sacramento,CA95814-(916)445- Project Title: Encina Basin Water Reclamation Proeram Phase II Lead Agency: CITY OF CARLSBAD Contact Pckon: Jason Martin Street Address: 2075 LAS PALMAS DR.M Phone: (760’) 438-l 161. ext.45 15 City: ~ARLSBAD Zip: 92009 County: SAN DIEGO COuNn 1 i3irTE Below:, 1 _................_._...................-..” _..............-................ “..-” . . . . . . . . . . “..“- . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . ...” . . . . . -- -.... . . . ..w...... . . . . . . ._.............” . . .._................” . . . . . ..“...” . . . . . . . . -. PROJECT LOCATION; County: San Dieeo City/Nearest Community: Carlsbad Cross Streets: NA. the proiect is City-wide Total Acres: NA. theg&ct is Citv wide Assessor’s Parcel No. NA. Se Within 2 Miles: State Hwy #: 2 Waterways: , Airports: McCLELLANIPALOMAR Railways: NCTD -...-....-...-....,“.“...__I__ . . ..“-.--............P . ..-r..-........... ---I__. -“-... . . . . . . “..........-.........,...- DOCUMENT TYPE: CEQA: 0 NOP 0 Suppl~mqt/Subsqucnt NEPA: 0 NOI OTHER: 0 Joint Documatt 0 Early Cons 0 EIR(PriorSCH No.) q Final Document . q MitNegDcc 0 Other: 0 Other: 0 DraftElR . . . . . . . .._......._....-.................................-.- - -......................m................... - . . . . . . . . . . . . . . . . . . . . . . . .._.-....-.....-.----.. “.A ..-...... . . . . . . ..“““.._” . . . . . . . . . . . . . . . . . . . . . . --...” . . . . . ..- LOCAL ACTION TYPE: 0 General Plan Update 0 Specific Plan 0 Rezone 0 Annexation 0 General Plan Amendment 0 Master Plan 0 Pmzone 0 Redevelopment 0 General Plan Element q Planned Unit Development 0 Use Permit 0 coastalPclmit 0 Community Plan 0 Site Plan 0 Land Division (Subdivision, q Other: Environmental Cert. Parcel Map, Tract Map, etc.) --.. -.- ---. . . . ...*. --...“-*---“..-.-....... . ..“................ -...... I-....-....---- DEVELOPMENT TYPE: -. . . . _ _. 0 Residential: Units _ Acres _ 0 Water Facihtia: Type_ MGD 0 Office: Sq. Ft. _ Acres _ Employees _ 0 Commercial: %-FL, Acres _ Employ= _ B &ydon: Ty. mm : Mtncral 0 Industrial: Sq. Ft. _ Acres _ Employees _ 0 Power: Type Watts q Educational: 0 WasteTreatment: Type 0 Recreational: .e-....-..- e....... . . ..- --.... -.- ---.-.-.--__...-------. _ PROJECT ISSUES DISCUSSED IN DOCUMXNT: a AcstbcticNisual 0 Flood Plain/Flooding @ Agricultural Land * 0 Forest LandIFireHazard Ix) Air Quality q Geological/Seismic q Archaeological/Historical 0 Minerals a Coastal Zone q Noise B DrainagciAbsorption 0 PopulationHsg. Balance 0 Economic/Jobs q . Public Services/Facilities 0 Fiscal 0 Recreation/Par&s . . . . . . . . . . . . . . . . . . . -- ..-m.................................. - . . . . ..-..............-.-....................-............ Present Land Use/Zoning/General Plan Use q Schools/lJnivmities ’ 0 Septic Systems 0 Sewer Capacity q Soil Erosion/Compaction/Grading 0 Solid Waste q Toxic/Hazardous 0 Traffic/Circulation q Vegetation q Water Quality IsI H,O WP~Y- W 0 WctlandlRiparian 8 Wildlife i Grot.;. : : 0 Cumulative Effect 0 Other: Miscellaneous including residential. commercial, off~cc, opcnspace . . . . . . . . . . . . . . . . . . - . . ..-........................-.......... _ . . . . . .._.................... - . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..-. - ..-.....-. _” . . . . . I . . . . .-....L.“..., . . . . . . . . . . . . . . . . . . . .. “.--- .......-.- Project Description: Phase II of the City’s recycled water program which includes construction of a new water recycling plant. minor improvements to an existing water treatment facility and reservou site, 3 offsite pump statrons, and approximately IO miles of new transmission pipelines. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (i.e., from a Notice of Preparation or previous draft document) please fill it in. Revised October I989 Project Address/Location: City wide. More specifically, the water recycling plant site is adjacent to, and south of, the existing Encina Waste Water Treatment Plant on Encina Ave., north of Poinsettia Lane. The pump station sites are 1) on the east side of El Camino Real, south of Palomar Airport Road: 2) at the existing water tank site on the south side of the planned extension of Poinsettia Lane, east of Black Rail Road; and 3) along an unpaved utility access road, just east of Calavera Lake. The Mahr reservoir site is off Ranch0 Santa Fe Road, north of Denning Drive. Water transmission pipelines are proposed in various, existing street rights of way or utility easements. Project Description: . Environmental certification for Phase II of the Encina Basin Water Reclamatiqn Program which consists of the construction and operation of a new water recycling plant, improvements to an existing water treatment facility and reservoir site, 3 off-site pump stations, and approximately 10 miles of new water transmission pipelines. $& .j pject entitlementi which include a General Plan Amendment, Zone @Change, Local Coastal Plan Amendment Coastal Development Per+& Precise Development Plan, and Conditional Use Permit are to be considered at additional, future public hearings in the Spring and - Sliker 2000.- The City of Carlsbad has conducted ati environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (I) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project “as revised” may have a significant effect on the environment. Therefore. a Mitigated Negative Declaration is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Decl&ion with supportive documents is on file in the Planning Depament, 2075 Las Paimas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Jason Martin in the Planning Department at (760) 438-1161, extension 45 15. DATED: December 10, 1999 CASE NO: EIA 99-09 CASE NAME: Encina Basin Water Reclamation Program Phase II PUBLISH DATE: December lo,1999 MICHAEL J. E~BL~MI!&ER : Planning Director 2075 Las Palmas Dr. l Cartsbad, CA 92009-l 576 - (760) 438-l 161 l FAX (760) 438-0894 ,4 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II CASE NO: EIA 99-09 DATE: December 1.1999 BACKGROUND 1. CASE NAME: Encina Basin Water Reclamation Program Phase II 2. 3. APPLICANT: Carlsbad MimiciDa Water District . . ADDRESS AND PHONE NUMBER OF APPLICANT: 5950 El Camino Real. Carlsbad. CA 4. DATE EIA FORM PART I SUBMIT-TED; 5. PROJECT DESCRIPTION: In 1992 the Carlsbad City Council adopted the City of Carl&ad Reclaimed Water Master Plan, which consists of 5 implementation phases, Phase I was evaluated under previously prepared and certified environmental documents, has been constructed, and began full operation in 1994. Phase I generally involved establishment of components of the Meadowlark and Gamer water recycling facilities; conversion of two, existing reservoirs from potable water to recycled water storage; construction of a pumping station; and installation of transmission pipelines. Phase II, referred to as the Encina Basin Water Reclamation Program Phase II, is an integral expansion of the existing Phase I facilities and involves the following major components: l Construction of a new advanced tertiary water recycling plant, the Carl&ad Water Recycling Facility (CWRF). with a capacity of 5 million gallons/day (MGD) on the vacant site adjacent to, and south of, the existing Encina Water Treatment Plant The project/site layout has been designed to accommodate an expansion to 16 MGD, but it is not a part of this project. l Construction of three (3) booster pumping stations located: in the southeast section of the Calavera Hills community, near Lake Calavera; at the existing “Twin D” water tank site near the intersection of Poinsettia Lane and Black Rail Road; and on the east side of El Camino Real just south of the Palomar Airport Road intersection. l Upgrades and other site improvements to the existing Mahr Reservoir facility. l Installation of minor improvements at the existing Encina Water Treatment Plant which are associated with the water recycling program. l Installation of a combined total of approximately 10 miles of new recycled water transmission pipelines at vanous locations throughout the City. . Proceedurally and in order to obtain full entitlement. the project requires the following discretionary actions: a General Plan (GP) amendment, a Local Coastal Plan (LCP) amendment, a zone change, a Precise Development Plan (PDP) amendment, a Coastal Development Permit (CDP), and a Conditional Use Permit (CUP). The Carlsbad Planning Commission will be reviewing the project and making a recommendation to the Carlsbad Ciy Council. California Coastal Commission (CCC) review will be re+ured for the LCP amendment. These discretionary actions/project entitlements are scheduled to occur in the spring and summer of the year 2000. At this time, however, CMWD is interested in securing parncipation in a Metropolitan Water District (MWD) rebate program, which requires an executed 1 Rev. 03128196 - agreement and completed environmental analysis on Phase II in early Year 2000. Therefore, the environmental analysis has been completed in advance of the various discretionary actions/project entitlements. A more detailed project description is included in the Discussion of Environmental Evaluation section. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. q Land Use and Planning Cl 0 Population and Housing q 0 Geological Problems 0 0 Water El 0 Air Quality cl ,, . . 0 Transportation/Circulation q Public Services Biological Resources cl Utilities & Service Systems Energy & Mineral Resources q Aesthetics Hazards El Cultural Resources Noise q Recreation Mandatory Findings of Significance 2 Rev. 03/28/96 - DETERMINATION. (To be completed by the Lead Agency) I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An EWNeg Dee is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Impact Review (MEIR 93-01) pursuant to applicable standards and (h) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01) including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Sig6ature \ Date Date Rev. 03128196 . C ENVIRONMENTAL MALTS . STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have. a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. l A brief explanation is required for all answers except ‘Wo Impact” answers that are adequately., . supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show. that the impact simply does not apply to projects like the one involved. A “‘No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. l “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. . l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.*’ The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 0 “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “E&Part II”, if a proposed project could have a potentially significant effect on the environment, but fl potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier HR. l A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 4 ” Rev. 03128 96 l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR must be prepared if “‘Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) .the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations*’ for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03128196 . rc- Issues (and Supporting Information Sources). I. LAND USE AND PLANNING. Would the proposal:. a) b) cl 4 e) Conflict with general plan designation or zoning? (Source #l:Pgs 5.6-l - 5.6-18, #7) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18, #7) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-l - 5.6-18, #7, #15) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#l:Pgs 5.6-l - 5.6-l 8, zi7) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community) ? (#l:Pgs 5.6-l - 5.6-18, #7) II. POPULATION AND HOUSJNG. proposal: Would the a) Cumulatively exceed offkial regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) b) induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6,2, #lo, #I 1) c) Displace existing housing, especially affordable housing? (#l :Pgs 5.5-l - 5.5-6) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#l:Pgs 5.1-l - 5.1-15, #2, #4, #6, #7, #8, #13. PJ4, #15) b) Seismic ground shaking? (#l:Pgs 5.1-l - 5.1-15, #2. ##4, #6. $8. #13, #14, #15) c) Seismic ground failure. including liquefaction? (#l:Pgs 5.1-I - 5.1.15, #2, iM, #5, #6, #8, #13, #14) d) Seiche. tsunami, or volcanic hazard? (#l:Pgs 5.1-l - 5.1-15, #2, #8, #15) e) Landslides or mudflows? (#l:Pgs 5.1-l - 5.4-15, #4, #8, #12, #13, #14) f) Erosion. changes in topography or unstable soil conditions from excavation, grading, or till? (#l:Pgs 5.1-I - 5.1-15, #3, #4, #6, #7, #8, #13, #14) g) Subsidence of the land? (#l:Pgs 5.1-l - 5.1-15, #I!. #3. #&I, #6. #8, #13, #14) h) Expansive soils? (#l:Pgs 5.1-I - 5.1-15, #2, #3, i4-4. $6, #8. +13. #14) Potentially Significant Impact 0 q q . . 0 q q q -cl q cl q q 0 q q cl Potentially Significant Unless Mitigation incorporated lzl Ix1 ” q q cl q cl Cl cl q q q q Less Than Significant Impact Cl q q q q cl Ix) cl Cl lzl El 0 Es4 IXI KO ImpaCf cl q 0 cl Is1 : El Cl (XI IXI 0 cl El Cl cl q El 151 0 6 Rev. 03128196 v - Issues (and Supporting Information Sources). i) Unique geologic or physical features? (#I :Pgs 5.1- 1 - 5.1-15, #2,#3, #4,#6, #8, #13, #14) IV. WATER. Would the proposal result in: b) c) d) d f-l ia h) 9 Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff! (#I :Pgs 5.2-l - 5..2-11, #5) Exposure of people or property to water related hazards such as flooding? (#l:Pgs 5.2-l - 5..2-11, #12) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l:Pgs ‘5.2-l - 5..2-11) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5..2-11, #lo) Changes in currents, or the course or direction of water movements? (#l:Pgs 5.2-l - 5..2-11) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#l:Pgs 5.2-l - 5..2-11) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-l - 5..2-11) Impacts to groundwater quality? (#l:Pgs 5.2-l - 5..2-11, #9) Substantial reductik in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11, #9) V. AIR QUALITY. Would the proposal: a) b) c) 4 Violate any air quality s&d&d or contribute to an existing or projected. air quality violation?‘(#l :Pgs 5.3-l - 5.3-12) Expose sensitive receptors to pollutants? (#l :Pgs 5.3-l - 5.3-12) Alter air movement, moisture, or temperature, or cause any change in climate? (#l:Pgs 5.3-l - 5.3- 12) Create objectionable odors? (#l:Pgs 5.3-l - 5.3- 12) \‘I. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#l:Pgs 5.7-l - 5.7.22, #15) . Potentially Significant Impact 0 cl 0 0 0 0 0 0 Cl 0 0 0 q 0 0 -.. Potentially Significant Unless Mitigation Incorporated q q . q q q 0 q Cl q q cl q cl q q Less Than Significant Impact q IXI Cl Ix1 q cl Ix1 cl q 0 ‘rsl Ia q lxl Ix1 No Impact lE4 q IXI 0 IXI ISI Cl El Ixi El q q IXI 0 0 Rev. 03128196 r Issues (and Supporting Information Sources). b) cl 4 4 f) g) v11. a) b) cl 4 e) VIII. a) b) cl Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#l:Pgs 5.7-l - 5.7.22) Inadequate emergency access or access to nearby uses? (#l:Pgs 5.7-l - 5.7.22) Insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22, #12) Hazards or barriers for pedestrians or bicyclists? (#l:Pgs 5.7-l - 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#l:Pgs 5.7-l - 5.7.22) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22) BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (#l:Pgs 5.4-l - 5.4- 24) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-2) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l :Pgs 5.4-l - 5.4- 24) Wetland habitat (e.g. marsh, riparian and vernal pool)? (# 1 :Pgs 5.4-l - 5.4-24) Wildlife dispersal or migration corridors? (#l:Pgs 5.4-l - 5.4-24) ENERGY AND MINERAL RES6URCES. Would the proposal: I Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-l - 5.12.1-5 &5.13-l - 5.13-9) Use non-renewable resources in a wastetil and inefficient manner? (#l:Pgs 5.12.1-1 -5.12.1-5 & 5.13-l - 5.13-9) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-I - 5.12.1-5 & 5.13-l - 5.13-9) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#I :Pgs 5.10.1-l - 5.10.1-5, #15) Potentially Significant Impact •J q cl cl cl cl cl cl El 0 cl cl q cl cl Potentially Significant unless Mitigation Incorporated q 0 ” q 0’ q III Ix1 q Ix1 q cl 0 q q ixl LessThan No Significant Impact Impact cl •l Is cl 0 lxl Ix1 q 0 IXI cl El 0 q 0 Ix] 0 cl 0 IXI cl IXI 0 lzl cl El q (XI 0 q Rev. 03128196 ” C Issues (and Supporting Information Sources). b) cl d) e) Possiblk interference with ai emergency response plan or emergency evacuation plan? (#l :Pgs 5.10.1-l - 5.10.1-j) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-j) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5, #12) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l -,5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-l - 5.9-15) b) Exposure of people to severe noise levels? (#l:Pgs 5.9-l - 5.9-15) XI. PUBLIC SERVICES. Would the proposal have an a> b) cl 4 d XII. 4 b) CJ d) e) 0 2) XIII. 4 b) C) effect upon, or result in a need for new or altered government services in any of the following areas: Fire protection? (#l:Pgs 5.12.5-I - 5.12.5-6) Police protection? (#l:Pgs 5.12.6-l - 5.12.6-4) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) Maintenance of public facilities, including roads? (#l:Pgs 5.12.1-l - 5.12.8-7) Other governmental services? (#l:Pgs 5.12.1-l - 5.12.8-7) UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l:Pgs 5.12.1-l - 5.12.1-j & 5.13-l - 5.13-9, #lO, #I 1) Communications systems? (#l:Pgs 5.12.1-I - 5.12.8-7, #lo, Ml) Local or regional. water treatment or distribution facilities? (#l:Pgs 5.12.2-1 - 5.12.3-7, #lo, #ll) Sewer or septic tanks? (#l:Pgs 5.12.3-l - 5.12.3- 7) Storm water drainage? (#l :Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-l - 5.12.4-3) Local or regional water supplies? (#l :Pgs 5.12.2-1 - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (+l:Pgs 5.11-l - 5.1 l-5, #15) Have a demonstrate negative aesthetic effect? (t”l:Pgs 5.11-l - 5.11-5, #15) Create light or glafe? (#l:Pgs 5.11-l - 5.1 l-5) Potcncially Significant Impact 0 Cl Cl 0’ cl 0 B 0 cl cl cl El q El q :: cl 0 q Potentially Signifmnt Unless Mitigation Incorporated 0 .m cl cl Cl cl B Cl cl 0 0 Cl cl Cl q B q Ix1 cl Less Than Significant Impact El 0 0 q (XI El El cl 0 q El q q cl B q q q txI No impact Ix) q * q Ed q tl 9 Rev. 03128196 - Issues (and Supporting Information Sources). -. Potentially Significant Unless Mitigation lncorpormd q El 0 q Potentially Significant Impi- Less Than Significant Impact No Impact XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#l :Pgs 5.8-l - 5.8-10, #lo, #ll) b) Disturb archaeological resources? (#l :Pgs 5.8- 1 - 5.8-10, #2, #lo, Ml) c) Affect historical resources? (#l:Pgs 5.8-l - 5.8- 10, #lO, #ll) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l :Pgs 5.8-l - 5.8-10, #2) e) Restrict ,existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10) 0 cl cl cl ISI cl q q 0 q IXI Ix1 ” Cl q 0 XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational faciiities? (#l:Pgs 5.12.8-I - 5.12.8-7) b) Affect existing recreational opportunities? (#l :Pgs 5.12.8-l - 5.12.8-7) cl 0 . . q cl q q XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on I human beings, either directly or indirectly? cl Ixi cl q 0 cl El cl cl la cl Cl 10 Rev. 03/28/96 . - XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)@). In this case a discussion should identify the following on attached sheets: 4 Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. cl Mitigation measures. For effects that are ’ “Less than Significant with Mitigation Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. .- ,- DISCUSSION OF ENVIRONMENTAL EVALUATION I. BACKGROUND AND PROJECT DESCRIPTION The Carlsbad Municipal Water District (CMWD) is planning an expansion to the City’s existing reclaimed, or recycled, water program which is entitled the “En&a Basin Water Reclamation Program , Phase II”. An overview of the various institutional arrangements affecting the project, a background of the planning process, and a description of Phase I has been included for background. A detailed project description of Phase II, including an summary of technical processes as well as physical project components, is provided later in this section Institutional Overview CMWD is a subsidiary agency of the City of Carlsbad, and the City Council of Carlsbad serves as its Board of Directors. CMWD provides all planning, construction, operation and maintenance of the recycled water program. CMWD provides potable water, recycled water, and sewer services within the City of Carlsbad. Each of these services has a separate service area boundary, and they are not contiguous. The recycled water service area includes the City limits of Carlsbad consisting of approximately 24,788 acres (38.73 square miles) as shown on Figure 1 Within CMWD, potable water is supplied exclusively through an imported water supply because local ground and surface water is,, of a roor quality’ (i.e. high salt content) and inadequate to meet current demands. The CMWD receives imported water via aqueducts operated by the Metropolitan Water District (MWD) and the San Diego County Water Authority. The imported water consists of a blend of Colorado River Water and State Project Water. Before delivery to CMWD, the imported water is treated at MWD’s Skinner Filtration Plant located near the City of Temecula, in Riverside County. Wastewater treatment within Carlsbad is handled at three separate treatment facilities. The largest treatment facility. having a capacity of 36 million gallons per day (mgd), is the Encina Water Pollution Control Facility (EWPCF), which is owned and operated by the Encina Wastewater Authority - a joint powers agency of which the City of Carlsbad is a member. The second largest w&tewater treatment facility is the Meadowlark Water Reclamation Plant (MWRP) having a capacity of 2.0 mgd, which is owned and operated by the Vallecitos Water District. The third treatment facility is the Gamer Water Reclamation Plant having a capacity of 0.75 mgd and owned and operated by the Leucadia County Water District (LCWD). In 1999, LCWD ceased operation of the wastewater treatment portion of the plant and now pumps secondary treated eftluent from the EWPCF to the filters at the Gamer Water Reclamation Plant to produce tertiary treated effluent (recycled water). CMWD’s groundwater and surface water quality, wastewater management, and water recycled activities are under the regulatory Jurisdiction of the California Regional Water Quality Control Board (RWQCB), San Diego Region. Administration of water recycling activities was delegated to CMWD by the RWQCB through “Order’ No. 98-200 Master Reclamation Permit for Carlsbad Municipal Water District, San Diego County” adopted on December 16, 1998. This order allows CMWD to deliver recycled water to all areas in the City of Carlsbad. Planning Background On May 8. 1990. the Board of Directors of CMWD adopted Ordinance No. 3 1, mandating the use of recycled water wherever feasible in the Dismct. CMWD began planning the recycled water system culminating in the development of a report titled “City of Carlsbad Water Reclamation Master Plan” adopted by the City Council in March. 1992. The master plan was separated into five phases and envisioned delivering up to 11,480 acre- feet per year with a peak.,demand of 21.4 mgd of recycled water to the entire City based on existing and projected irrigation demands. The Phase I project, was initiated in 1992 and completed in 1994. It was funded through a low interest loan horn the State Water Resources Control Board, and a rebate program from MWD and the San Diego County . Water Authority. Funding from MWD was obtained through their Local Projects Program, which CMWD later converted to MWD’s Local Resources Program (LRP). Current Planning * As noted previously, the Reclaimed Water Master Plan separated the development of the recycled water system into five phases for implementation. Phase I was completed and began full operation in 1994. By 1997, the demand for recycled water began to exceed the available supply. To make more efficient use of available local water resources the CMWD proposes to construct Phase II of its recycled water program. To accomplish this, in 1996, CMWD began updating the Reclaimed Water Master Plan and completed this effort in 1997. A report was prepared titled “Update of the Reclaimed Water Master Plan”. This report identified ten possible alternatives for the Phase II project after investigating customer irrigation demands, determining options for increasing the treated supply, locating pipelines, pumping stations, and reservoirs, and reviewing funding alternatives. Alternative 9 was recommended for Phase II increasing the recycled water supply from 2.75 mgd to 8.00 mgd with an average annual demand of 4,480 acre-feet per year or 4.00 mgd. -In September 1998, CMSVD submitted a proposal to MWD’s LRP to obtain funding for a portion of the Phase II recycled water system’s operation and maintenance costs. In January, 1999, MWD submitted a written response indicating a willingness to approve funding. for this projfct. CMWD is currently negotiating a contract with MWD CMWD also is preparing an application to SWRCB’s Revolving Fund program to obtain a portion of the Phase II Reclaimed Water Project’s capital tiding through a low interest loan. The application _ will address facilities required for Phase II. . . . CMWD in a cooperative effort with Leucadia County Water District, Olivenhain Municipal Water District, and San Elijo Joint Powers Authority, also applied for Public Law 102-575 Title XVI funding through the Federal Bureau of Reclamation. The Phase II project was combined with projects proposed by the other agencies on the application and contained under the funding title “North San Diego County Area Water Recycling Project”. Under the Reclamation, Recycling and Water Conservation Act of 1996, the Bureau of Reclamation was authorized to participate in the North San Diego County Area Water Recycling Project at a federal cost-share of up to 25 percent. However, no appropriation has been approved. Existing Phase I Recycled Water Facilities As indicated, CMWD has completed the Phase I of the project. This system can supply up to 2.75 mgd of recycled water. The facilities for Phase I consist of the following: Supply Sources- Meadowlark Water Reclamation Plant (2.0 mgd and’ Gamer Water Reclamation Plant (0.75 mgd) Reservoirs- Two existing steel tank reservoirs, referred to as the “Twin D” tanks, were converted from potable water storage to recycled water storage having a total capacity of 2.5 MG. Pumping Station- A new 2.0 mgd pumping station was constructed. The pumping station obtains water from the Meadowlark Water Reclamation Plant’s “fail-safe pipeline” to the ocean. The recycled water is then pumped from the “fail- safe” pipeline to the “Twin D” tanks. Pipelines- Transmission pipelines were constructed to deliver recycled water to major customers in the southwest area of Carlsbad. Beginning in 1993, the pipeline distribution system has been expanded by land development projects occurring in that area. Although the Gafner Water Reclamation Facility makes up a part of the recycled water supply for the Phase 1 project, it was not contained in CMWD’s low-interest loan funding program approved by the State Water . - Resources Control Board The LCWD obtained their own separate low-interest loan on the facility for fding of improvements to meet water quality requirements. The water produced by the Gamer Water Reclamation Plant is piped directly to the La Costa Golf Course and no other pipelines are connected to this supply mce at this time. Discussions are undenvay with LCWD to construct a connecting pipeline by LCWD to CMWD’s distribution system. PROJECT DESCRIPTION The Encina Basin Water Reclamation Program, Phase II project will be an integral expansion of the existing Phase I system. It will obtain a supply of recycled water from three treatment facilities and supply this water to irrigation customers through a pipeline distribution system containing storage reservoirs and pumping stations. Following is a description of the physical construction and operational aspects of the project. . . . The Phase II project includes: 1. 2. 3. 4. . . 5. 6. 7. Continuation of two existing supply sources, the Meadowlark Water Reclamation Plant (MWRP) at 2 mgd, and the Gafner Water Reclamation Plant at 1 mgd. Construction of a new advanced tertiary water reclamation plant, referred to as the Carlsbad Water Recycling Facility (CWRF). It will have an initial capacity of 5 million gallons per day (mgd). The site has been designed with possible future expansions to 16 mgd, to be considered under a future phase which is not a part of this project. Construction of approximately 10 miles of trans&ission and distribution pipelines, and water services to irrigation customers. Pipeline sizes will range in size from 4-inches to 24-inches in diameter. Construction of three pump stations to supply water to higher elevations in the pipeline distribution system. The pump stations are located in the southeast portion of the Calavera Hills community, near Calavera Lake; on the east of the El Camino Real, just south of the Palomar Airport Road intersection; and at the existing “Twin D” reservoir site near the intersection of Poinsettia Lane and Black Rail Road. Construction of improvements to the existing 54 million gallon (MG) Mahr Reservoir with the purpose of maintaining the quality of the stored water : Conversion of two existing potable water storage tanks (i.e. “c” and ‘E” Reservoirs) to recycled water. . . Construction of one 10 MG secondary flow equalization basin under the Phase II project. Ultimately up to three 10 MG secondary flow equal&&on basins would be built. These basins equalize peak flow to the CWRF and the Encina Water Pollution Control Facility’s ocean outfall. . . . The Recycled Water Plant - Car1sba.d Recycled Water Facility (CRWF) The recycled water plant .will be constructed as a new advanced tertiary recycling water plant. A portion of the secondary effluent from the EWPCF, that is now disposed of through an outfall pipeline to the Pacific Ocean, will be diverted to the proposed water recycling plant. A secondary effluent pump station will first pump the water to “flow equalization basins*‘. Stored flow is then pumped by an influent pump station to parallel treatment trains: one including continuous backwash filters and the other providing microfiltration/reverse osmosis (MFRO) treatment to reduce salinity of the treated water. The salinity is referred to.as total dissolved solids (TDS). The treated water from both trains will be combined having a maximum TDS of 1,000 mg/L, and then disinfected in a chlorine contact basin. The disinfected water will then be conveyed to a recycled water storage tank where a pumping station will pump the water into a pipeline distribution system. A schematic flow diagram of the process is shown on Figure 2. Secondary Effluent Pumping - A pumping station will be constructed at the existing EWPCF to intercept secondary effluent flows prior to the ocean outfall. A forcemain would be used to convey the secondary effluent south to the proposed water recycling plant. Flow Equalization Bask - Prior to being treated at the proposed water recycling plant, the flow will enter a fully enclosed equalization basin. The equalization basin will serve two purposes. First, it will , equalize flow to the ocean outfall during times of peak flow. This is most iikely to occur during the winter season. The flow equalization basin will also serve to store/equalize flow to the proposed water recycling plant. Influent Pumping Station - A pumping station will be located at one end of the flow equalization basin to convey secondary treated flow to either the continuous backwash filters or to the MFIRO system. The pumps and control system will be contained inside a building. MF/RO Process - A portion of the flow will be demineralized to reduce the TDS to a maximum of 1,000 mg/L. This is a membrane process consisting of microfiltration (MF) and reverse osmosis (RO). After adding sodium hypochlorite to the secondary effluent, the water will enter microfiltration membranes to remove suspended and collodial solids. Sulfiuic acid and a threshold inhibitor are then added and the water is processed through RO membranes. The RO system will separate the flow into a concentrate stream and a purified permeate stream. The concentrate stream having a TDS of approximately 9,270 mgL will be conveyed directly to the EWPCF ocean outfall. The purified permeate having a TDS of 40 mg/L will be blended with the filtered bypass stream to become the blended “product water”. The MF/RO membrane process elements are summarized below: Microfiltration - These are membranes consisting of either symmetrical hollow fibers fabricated from polypropylene packed in a pressure vessel with dimensions of 4-inches in diameter by 48 inches in length, or hollow tine fibers fabricated from polyvinylidene fluoride packed into a pressure vessel with dimensions of about 6 inches in diameter by 80 inches in length. Cartridge filters - These are stainless steel housings containing 20 micron polypropylene cartridge filters. Sulfuric acid storage - A 2,000 gallon tank will be installed to store sulfuric acid. The tank will also be enclosed in a containment area to control accidental spillage. Pumps will be used to maintain pressures between 100 psig and 300 psig for the RO. Spiral wound RO elements - These will be 8 inches in diameter by 40 inches in length and 400 square feet in area. A decarbonator - This is a packed column over which RO permeate is allowed to flow, and where the permeate is stripped of carbon dioxide. The decarbonator is a tank 8-feet in diameter and approximately 30-feet in height. A clean in place system - Consisting of a tank in which cleaning chemicals are mixed with permeate and heated with an electric heater. A membrane flushing tank - Consisting of a fiberglass tank, 8-feet in diameter by 25feet in height, in which permeate is stored and used for flushing the RO system when it shuts down. All the equipment in the MFRO process will be either covered by a canopy structure or within a fully enclosed structure. The specifics will be determined as part of the City’s development review process. Filtration Process - The water is also subject to a filtration process which removes suspended solids. Before secondary effluent enters the filters, sodium hypochlorite is added to maintain a chlorine residual of 3 mg/L, and a coagulant aid polymer is added to assist in removing collodial and suspended solids. The water will then enter a continuous backwash upflow, mono-medium filter; “Dynasand” Filter. The filtered water twill have a TDS of 1,400 mg/L and be blended with the MF/RO process treated water. The backwash from the Dynasand filter will be conveyed back to the EWPCF for removal. Prior to conveying the backwash water to the EWPCF the flow will be processed though a solids contact clarifier to thicken the removed collodiai matter and reduce the amount of water in the backwash. The final “product water” will be blended with the MFIRO water, and will have a maximum TDS of 1,000 mg/L. The filtration fac1ln-y would be contamed In an area of approxrmately 2,600 ft’. This area is comprised of concrete filter cells. influent channel, reject water piping (to convey reject water back to EWPCF), effluent piping, and an atr compressor. Ultraviolet Irradiation (L!V) - Filtered water is disinfected by flowing past submerged arrays of UV lamps. * . - Chlorine Contact Basin - Water is further treated with chlorine. Sodium hypochlorite will be added to .the blended MF/RO and filtration process water and placed in a contact basin to provide approximately 120 minutes of contact time to disinfect the blended product water. The contact basin will have a serpentine type flow that includes three 50-feet long by 10 feet wide by 10 feet deep concrete channels. Recycled Water Storage Basin - This basin will store recycled water prior to being pumped into the distribution system. In emergency conditions an isolation pipe connecting the flow equalization basin with the recycled water storage basin could be opened to provide additional storage of secondary treated effluent in the recycled water storage basin. When the additional secondary storage is no longer needed, the recycled water storage basin would be cleaned and disinfected, and placed back into operation for . recycled water storage only. Recycled Water Pumping Station - This pumping station will deliver the recycled water into the distribution piping system from the recycled water storage basin. The pumps and controls will be contained inside a building. Control Building - The CWRF will be designed as a fully automated system. However, operation and maintenance activities will be performed, and consideration will be made to allow visitors tour the facility. For these purposes a control building is included in the CWRF. The control building will have a control room housing computer control equipment, an operations office, a plan room (to store plans, specifications, records, and shop drawings), a small lab for minor water quality analyses, a parts and maintenance storage area, and a meeting room for visitors and other purposes. Site Layout - The site will be adjacent to the south side of the EWPCF. Visitor parking and access to the CWRF will be provided along Avenida Encinas; however, a small access road will be constructed from the EWPCF directly to the CWRF for operation and maintenance personnel access. The control building will be on the west side of the site near Avenida En&as. immediately east of the control building are the treatment processes and the chemical storage tanks. Further to the east near Interstate 5 will be the flow equalization basins, and the influent and recycled water pumping stations. The secondary effluent pumping station will be located on the EWPCF property near the secondary clarifiers. The pumping stations will be in buildings. A site layout of the CWRF is shown on Figure 3. The layout shows the area required for the Phase II project and ultimate buildout requirements as dashed lines. which are not a part of this project. The perimeter of the site will be landscaped. A landscape concept is shown on Figure 4. Booster Pumping Stations To provide water service to the higher elevations in the distribution system at a desirable pressure requires three booster pumping stations in addition to the pumping stations at the treatment facilities. One booster pumping station is planned at the “Twin D” tank site. (See attached Figure 5). A second is planned at the intersection of Palomar Airport Road and El Camino Real. (Figure 6). A third is planned in the Calavera Hills Village “T” area on an existing graded pad located on the southeast comer of the tract boundary. (Figure 7). Distribution Pipelines Pipelines will be required to deliver the recycled water to customers for irrigation uses. The location of the pipelines are shown on Figure 8 and range in size from 4-inches to 24-inches in diameter. New service pipelmes are also required to supply the recycled water to irrigation meters for each customer. The majority of pipelines are proposed within existing, improved street rights-of-way. Other segments are proposed in existing unpaved utility access roads. Others transect landscaped areas or natural areas. In this case a directional drilling technology will be employed to minimize disruption to those areas. The directional drilling technology is a trenchless technology. Reservoirs Reservoirs will be needed to store water to meet peak recycled water demands. The reservoirs include the existing Mahr Reservoir, and “c” and “E” tank reservoirs. The “c” and “E” tanks will not be modified except they will be converted from potable water to recycled water storage. Mahr Reservoir - Mahr Reservoir is an earthen dam structure originally constructed to store treated effluent from the MWRF. Improvements are planned at Mahr Reservoir to maintain the quality of the stored water. The improvements include a new inlet/outlet structure on the upstream face of the earthen dam (to allow operators to extract water at different depths), a porous asphalt liner and a floating cover. In addition, a control building will be constructed for the automatic control valves, and to store sodium hypochlorite for supplemental disinfection of the stored water, and a small air compressor for an air injection system consisting of air diffusers in the bottom of the reservoir. A paved access road and lighting are also incorporated. Refer to Figure 9. , - II. EmONMENTALANALYSIS B. Environmental Impact Discussion ’ 1. LANBUSEANDPLANNING a. Potentialiy Significant Unless Mitigation Incorporated. The prdposed water recycled plant site is zoned for, and has a General Plan designation of, planned industrial and off&. The proposed use is a public utility, which is inconsistent with the current zoning and General Plan designations. The zone and General Plan designations for the site, or for that portion of the site proposed for public utiluy use, will need to be changed to Public Utility to allow the, use. A mitigation measure has been incorporated accordingly. The pump station sites are located on properties with various designations which include residential. Pursuant to the Zoning section of the Carlsbad Municipal Code, pump stations are conditionally permitted uses in all zones and are subject to the conditional use permitting procedure. The process provides the means to evaluate the appropriateness of particular types of uses, which because of their nature have the potential to impact surrounding land uses, and to apply conditions of approval to mitigate those impacts. The submittal, and consideration, of a conditional use permit is required for entitlement of this project. A mitigation measure has been incorporated. Transmission pipeline installations are within existing or planned street rights of way or in existing public utility easements which is consistent with the General Plan and Zoning Ordinance. b. Potentially Significant Unless Mitigation Incorporated. The City has recently adopted a City- wide Habitat Management Plan (HMP). The recycled water plant site is vacant, but has been historically disturbed, and is not identified as a conservation area in the HMP. Additionally, two of the pump station sites are in disturbed or developed areas, and not identified as a conservation area. The pump station site proposed near Lake Calavera is in a conservation area, but is adjacent to a unpaved utility access road and along a slope whose surface has been disturbed and contains no significant habitat resources. The installation of such water related infrastructure in this conservation area was acknowledged in the HMP. The majority of pipeline installations are proposed in either existing street rights of way or in existing utility access roads. Therefore no impacts are anticipated. A mmlmal amount of pipeline installation will be either through introduced landscaped areas, or natural vegetation areas. To minimize impacts to natural vegetation areas, a mitigation measure has been incorporated into the project which requires the use of a micro-tunneling or directional drilling technology to avoid disruption to those areas. Improvements at the Mahr Reservoir site, may as a result of the Division of Mines and Geology requirements, necessitate disruption of a potentially significant area of natural vegetation along the downstream face of the dam. The extent of the dtsruption, if any, is not known at this time. A mitigation measure is being applied which requires that the CMWD conduct additional biological surveys and obtain the necessary resource agency clearances in the event of such plan changes, which would occur prior to conducting any work. The proposed water recycling plant site is located within the Coastal Zone and is subject to the City’s Local Coastal Program. Any changes to land use designations identified in the City’s General Plan which are in the Coastal Zone, require an LCP amendment as well. Accordingly, a mitigation measure has been incorporated. c. Potentially Significant Unless Mitigation Incorporated. Given the proposed public utility use nature (i.e. antictpated activities. structural installations, appearance etc.), a potential does exist for Impacts on, or incompatibility with, surrounding land uses unless mitigation is incorporated. The water recycling plant site is located in an area characterized by a mix of land uses. Potentially impacted land uses in the vicinity include residential to in east.(on the other side of the freeway) and a developing multi-family project to the southwest of the site. Also, but to a lesser degree, commercial uses to the south of the sue may be impacted. Mitigation measures can minimize potential Impacts to a level of insignificance and have been mcorporated accordingly. They relate to requirements that the project complete the City’s development review process and special requirements for screening of operations and/or enclosure of equipment, enhanced building architecture, and enhanced perimeter landscaping. Three pump station sites are proposed. One is proposed in relatively remote location along an existing, unpaved utility access road near Lake Calavera and impacts/incompatibilities are expected to be less than significant. Two are located in prominent locations along existing, or planned, major arterials. Mitigation measures can minimize potential visual impacts to a level of insignificance. The pump stations are subject to the conditional use permitting and development review process. Additionally special design requirements, or mitigation, have been developed. For the pump station proposed near the comer of El Camino Real and Palomar Airport Road, mitigation involves locating the facility underground and requiring the CMWD to work with the propetty owner in integrating the installation into monument signage/hardscape and landscaping for the Bressi Ranch, Development. For the pump station proposed at the existing tank site off Poinsettia Lane, mitigation consists of a architecturally enhanced structural enclosure and screening landscape. Pipelines will be within either existing streets rights of way or existing utility access roads and therefore unobtrusive. Improvements at the existing Mahr reservoir site are similarly unobtrusive to surrounding land uses and will not appreciatively change the existing visual quality of the site. d. Potentially Significant Unless Mitigation Incorporated. The site of the proposed water recycling plant has been identified in the City’s Local Coastal Program as property historically used for agriculture. The site, however, has been identified as “non-prime agricultural lands” which can be converted to urban use by the applicant’s participation in the Agricultural Conversion Mitigation program. A mitigation measure has been incorporated accordingly. The pump station sites, pipeline locations, and existing Mahr Reservoir site are not located in, or near, agricultural areas and, therefore, will not affect agricultural resources. e. No Impact. The proposed water recycling plant site is located on property situated in between the I-5 Freeway and Avenida Encina in the east and west, and an existing water treatment plant and commercial uses in the north and south. No disruption or division of an established community is anticipated as a result implementation of the water recycling plant. Pipeline construction will be underground, in street rights of way or other public utility easements, and will not physically divide any established community. Pump station sites are small and situated such that they will not disrupt or divide any established community. II. POPULATION AND HOUSING a. No Impact. The proposed project involves no addition, or removal, of residential uses and, therefore, will not cause changes in. regional and local population projections. b. Less than Significant Impact. In addition to general resource conservation, a primary goal of the proposed projecdprogram is to reduce the City’s reliance on imported water sources provided by the Metropolitan Water District (MWD). Carlsbad’s anticipated reduced need for imported water could, in theory, mean that additional water resources are made available to other MWD customers, which could have growth inducing impacts either directly or indirectly. The amount of water that could be made available to others is 4 MGD - the capacity of the proposed system. Given that relatively small amount of water within the diverse context of the MWD market (i.e. customers such as agriculture, industry, residential and a service area covering all of Southern California), the potential for growth induction seems less than significant. At the local level, additional water resources are not expected to induce growth. Growth in the City of Carlsbad is regulated and numerically capped by the City’s Growth Management Program. . .--N c. No Impact. The proposed water recycling plant and pump station sites are proposed on vacant properties, proposed pipelines are within existing street rights of way or public utility easements, and improvements at the Mahr reservoir and Encina Watewater Treatment are at existing facilities, therefore, the project will not displace existing housing. III. GEOLOGIC PROBLEMS a. No Impact. The City of Carlsbad General Plan does not identify any geologic fault across the proposed water recycling plant site. The nearest fault system, Rose Canyon Fault, is shown to be located within 4 miles of the site. The geotechnical report prepared for the 1996 extension of Avenida Encinas also concluded that there are no faults crossing the plant site. Other components of the project, pipelines and pump stations, are not expected to be impacted by fault ruptures. b. Less Than Significant Impact. Although no faults occur within the project boundaries, the proposed project is within a seismically active region. All structures will be designed to comply with the Uniform Building Code which represent currently accepted earthquake design standards. The project’s compliance with UBC will be ensured through the City’s development review and permitting process. Additionally, it is anticipated that workers will not be permanently stationed at the site. The operation and maintenance personnel and the general public will infrequently visit the plant facility. The water reclamation plant will be attended to by operation and maintenance staff, only, on a low frequency basis; and therefore, people exposed to seismic shaking while at these sites will be very low. . . c. Less Than Significant Impact. Ground failure or liquefaction could occur in conjunction with a major seismic event. However, for the proposed water recycling plant site, previous investigations indicate a very low potential for liquefaction and ground failure. Reference is made to a geotechnical report prepared by Geocon Incorporated, dated February 14, 1996 that investigated the potential for liquefaction on adjacent property to the south referred to as “Poinsettia Properties”. The report concluded the following: “Due to the dense to very dense condition of the underlying formational soils on the site and the recommended recompaction of the topsoil’s and alluvial soils the potential for seismically induced liquefaction of the onsite soils is very low.” In addition to this, the geotechnical report for the 1996 extension of Avenida Encinas states that “No evidence of perched groundwater was observed in the temtce deposits along the southern portion of the site.” The design of the proposed water reclamation plant will require specific geotechnical studies as a pa,rt of the design process. The recommendations in the geotechnical report will provide information regarding recompaction efforts for the proposed project to achieve adequate foundation conditions for structures which will be ensured through the City’s development review and permitting process. The property for the “Twin D” booster pumping stations has no potential for liquefaction based on a previous geotechnical study prepared by Leighton & Associates dated October 2, 1990. It was concluded that “The onsite materials below the ground water table are not considered liquefiable due to their high density characteristics, along with low ground water table elevation”. No problems were indicated for the El Camino Real /Palomar Airport Road Site according to the report prepared for the widening of Palomar Airport Road titled “ Geotechnical Report for Palomar Airport Road East to El Camino Real”, dated September 27, 1990. Finally, no liquefaction potential was indicated for the Calavera Hills Village- “T’ site as indicated in the Geotechnical Report prepared in 1990 for Calavera Hills Subdivision. d. No Impact. The project would not result in or expose people to seiche, tsunami, or volcanic hazards. e. Less Than Significant Impact. The topography on the proposed water recycling plant site consists of basically level terrain with elevations ranging from 55 to 65 feet above sea level. The ground slopes from the north east comer to the southwest comer at approximately 1.3 feet per 100 feet of length. The land was cultivated in the past as noted on several maps including the geotechnical report for Avenida Encinas Road Extension, and the appraisal report by Donald P. Falk in 1994. No problems with mudflows have occurred or were noted. The land around the site is improved with a major freeway (Interstate 5) and collector roads and the lands adjacent to these roads slope away from the site; and therefore, there is no potential for landslide or mud flows coming from adjacent properties on to the site. The pump station, at the “D” tank site, could be placed at two locations. One location would be on relatively level ground. The other location would require a retaining wall within a cut slope to construct any building. No landslide would occur because the design will require a geotechnical report to develop temporary shoring for any construction including permanent retaining walls if required. Similarly, the pump station site near Lake Calavera would require a retaining wall within a cut slope to construct any building. Again, no landslide would occur because the design will require a geotechnical report to develop temporary shoring for any construction including permanent retaining walls if required, which will be ensured through the City’s development review and permitting process. The pump station site near the intersection of Palomar Airport Road and El Camino Real, is on relatively level ground with improved roads on the east and north sides, and no problems are anticipated at that site. The pipelines will be constructed using normal trenching operations with worker shoring protection required. No impacts are anticipated. f. Less Than Significant Impact. Erosion occurs when soil particles are dislodged by air, water, or human activity. For the proposed water recycling plant site, some grading of the top soil would occur in order to construct access and maintenance roads, excavations for concrete tanks and pipelines and for final site grading. It is anticipated that the equalization basins would be constructed partially at grade. It is not anticipated that any significant changes in topography will be as a result of this project. Regarding erosion, according to the Soil Conservation Service maps, sheet 23 Encinitas Quadrangle, the soil type is “Marina loamy course sand, 2 to 9 percent slopes”. The soil erodibility is listed as “Severe 2” which indicates that protective and corrective measures are needed before and during the time the soil is used or graded. However,. the geotechnical report prepared for the extension of Avenida Encinas does not indicate any problem with erosion. Erosion impacts will be mitigated by employing Best Management Practices, in accordance with the Regional Water Quality Control Board (RWQCB) and City requirements to ensure that soil erosion does not occur during construction. Final site grading would be followed by paving of access roads, installing curbs and gutters and installing landscaping to stabilize any slopes that might be constructed. . . The pump station at the Twin D site are listed as Chesterton fine sandy loam, 5 to 9 percent slopes, Severe 9 erodibiliry index. The previous soil report for this site by Leighton & Associates indicate that erosion can be controlled by constructing berms or swales along the top of slopes and lot drainage directed such that surface runoff on the slope faces be minimized. Little or no problems were noted in the geotechnical reports for the other two pump station sites. The latest Regional Water Quality Control Board and City ordinances shall be used to mitigate excessive site erosion during construction. Best Management Practices will be used to mitigate runoff and soil erosion should it occur. The pipelines will be within paved roads and not pose any serious erosion problem. The paving will be cut for pipeline trenches and the earth removed will be stockpiled along the trench. Upon installation of the pipeline the earth removed will be recompacted in place, and the excess hauled away to an approved location. Pipeline construction will not occur during wet weather periods. To mitigate any temporary water or wind erosion impacts associated with construction activities, standard erosion control measures such as sandbagging, vegetation planting and watering shall be developed prior to construction. .- All aspects of the projec;’ are subject to the City’s grading and erosion controls standards ‘and requtrements which will be ensure through the City’s development review and permitting process. g. No Impact. None of the geotechnical reports reviewed for this project reference any potential for subsidence. Additionally, standard engineering practices for recompaction, fill placement, etc. will be utilized during construction. h. Less than Significant Impact. For the proposed water recycling plant site, previous geotechnical reports indicate that the alluvial soils possess highly expansive characteristics. One geotechnical report for the adjacent property, “Poinsettia Properties”, stated that expansive soils can be mitigated by placing it such that it is not within 3-feet of finish grade. Another report for construction of Avenida Encinas stated that the upper approximately 36 inches of these materials should be removed’ . and recompacted. These or other standard practices will be incorporated into the project. design, which will be ensure through the City’s development review and permitting process, resulting in less than significant impacts. For the pump station sites, expansive soils were not encountered based on previous geotechnical studies. Expansive soils may be encountered along the pipeline routes. However, no impact will occur to people as a result. . . i. No Impact. There are no unique geological or physical features associated with the proposed water recycling plant and pump station sites, or along the proposed pipeline routes. IV., WATER a. Less Than Significant Impact. Construction of paved areas, concrete tanks and buildings will decrease absorption rates and increase the amount of surface runoff at the proposed water recycling plant site, compared to the existing conditions. Full street and drainage improvements along the site frontage will be required of the project as part of the development review process, mitigating the potential for impact to a level of insignificance. With regard to the pump station sites, given their . small surface area, the impact is expected to be less than significant. No impact is anticipated from the pipelines, since they will be either underground and/or underneath existing paved areas. b. No Impact. According to Flood Map 060285-0004D dated g/18/87, the site for the proposed water recycling plant and pump station sites are located in Zone C, which is not an area considered prone to flooding. c. Less Than Significant Impact. No long term discharge into surface waters or alteration of surface water quality is anticipated as result of this project. The project, in fact, will decrease the amount of effluent currently being discharged into the ocean by the Encina Water Treatment Plant (i.e..effluent otherwise being discharged will be treated by the proposed water recycling plant and sent back to the community for landscape and agriculture irrigation). In the short term, some groundwater may be discharged into the ocean, via the Encina Plant and associated with dewatering of the site during construction activity. However, given the small amount, quality, and relative compatibility of the ground water discharge into the ocean, adverse impacts are not anticipated. d. No Impact. Groundwater discharge into the ocean as a result of dewatering associated with construction will not impact the amount of surface water in the ocean. e. No Impact. The nature of the project precludes changes in water movement. The project does not impact any steams or water courses. ‘. f. Less than Significant Impact. The nature of the project precludes changes in the direction or rate of flow of ground water. Although the ground water quality is poor and cannot be used beneficially, the levels of the groundwater may be high, based on geotechnical reports at the site for the proposed Plant site. Therefore, groundwater levels may need to be controlled should they become too high. Since part of the project envisions in ground tanks, pipelines or storage basins some dewatering during construction may be necessary. Any groundwater removed during construction will be conveyed to the Encina Water Pollution Control Facility for treatment and final ocean discharge. (See discussion under IV c above regarding discharge into a surface water body). ’ g. No Impact. The project will not change groundwater direction or rate of flow of groundwater. No wells are proposed. No permanent excavations to the depth of groundwater levels are proposed. h. No Impact. No changes will occur to the groundwater quality from this project. The existing groundwater quality is very poor and not useable for public water systems, according to the Water Quality Control Plan adopted by the San Diego Regional Water Quality Control Board, June 1994. The water produced for irrigation will be much higher quality than the existing groundwater at all locations in the City. The TDS levels of the water produced by the project will be less than 1000 mg/L. i. No Impact. No public water supply groundwater will be pumped or removed by this project. V. AIR QUALITY a. Less Than Significant Impact. The project individually would not result in a violation of air quality standards. No additional employees, and the resulting vehicle trips, are anticipated. However, the emissions resulting from construction equipment and activity in the short term and the emission from long-term plant operations, where within acceptable limits individually, cumulatively contribute to the poor air quality of the region. To minimize excess pollution caused by dust generated during site preparation operations, construction sites will be watered prior to and during grading. Any internal combustion engines used for construction activities will be operated for minimum amounts of time to accomplish tasks and will be maintained in good running order to minimize adverse products of combustion. The impacts in this case are considered to be less than significant. b. Less Than Significant Impact. The project would be built using standard construction methods for reinforced concrete structures, buildings, perimeter walls and pipelines; and therefore, would not expose sensitive receptors to pollutants as a result of plant/program operations. Short-term. construction activities for project facilities will produce additional air pollutants, mainly products from diesel exhausts and dust from grading activities. To minimize excess pollution caused by dust generated during site preparation operations, construction sites will be watered’.prior to and during grading. Any internal combustion engines used for construction activities will be operated for minimum amounts of time to accomplish tasks and will be maintained in good running order to minimize adverse products of combustion. The impacts in this case are considered to be less than significant. ,, ‘. c. Nd Impact. The nature of the project precludes any alteration of air movement, moisture, or temperature, or cause any change in climate. d. Less Than Significant Impact. The proposed water recycling plant will generate a small degree of odor, but it is considered to be less than significant. Odor generation will be mild because the proposed water recycling plant is filtering/treating only secondary treated effluent that is now discharged to the ocean. Chemicals proposed for use in the treatment process will be in enclosed contamers and will not be vented to the atmosphere. During refilling of the sodium hypochlorite containers it may be possible to detect a bleach type odor when standing next to the container. However. this bleach odor will dissipate and will not be detectable within 50-feet of the container. No odors are anticipated from the pipelines or booster pump stations because they contain only recycled water. -. VI. TRANSPORTATluN a. Less Than Significant Impact. The amount of projected daily traffic anticipated as a result of the project, short and long term, is minimal. Therefore traffic impacts are expected to be less than significant. To minimize the potential for short term impacts relating to construction traffic, the project is subject to the City’s haul route permitting procedure. In the long term, a minor amount of additional traffic is anticipated to be generated from the project. The proposed water reclamation plant will be fully automated, and only daily site visits will be performed. Although no agreement has been prepared, it is anticipated that a contract with Encina Wastewater Auth&ity will be established to provide operation and maintenance of the facility. Therefore, no additional staffing is required. It is planned that an access road will be constructed from the Encina Water Pollution Control Facility to the water reclamation plant to enhance access for operation and maintenance personnel which would remove any traffic on existing public roads. When the water reclamation plant is in operation, only periodic monthly deliveries of treatment chemicals are required. The booster pumping stations and pipelines will be operated and maintained by,existing staff at the water recycling plant. The pumping stations will be automated and only periodic site visits are anticipated. Mahr Reservoir will have routine site visits for security and to verify operation of the valves. It is planned that twice a year that cleaning of the cover will be performed. These cleaning activities may be contracted ous and therefore, a minor amount of additional traffic, on a temporary basis, would be generated during this time. The cleaning time period is estimated at 4 to 5 days. b. No Impact. Do to the nature of the project no road hazards would be created. Access roads at the CWRF will be designed to accommodate the general public for visits and chemical delivery trucks. c. Less Than Significant Impact. During construction of the project, emergency access may be temporarily disrupted. An aspect of the project involves the installation of pipeline in existing road rights of way. The disruption is not expected to be significant however, since construction would be limited to a narrow strip along the edge of the road d. No Impact. The facility is primarily self operating and will generate little need for parking. It is expected however that demonstration tours will be given occasionally. Adequate space exists and adequate on-site parking will be provided, which will be determined/ensured through the development review process. e. Less Than Significant Impact. No hazards or barriers for pedestrians or bicyclists will be created. In the short term, the pipeline and plant construction activities may temporarily require rerouting pedesmans and bicyclists around the c’onstruction areas. The specifications for pipelines shall address the need to create alternative routes during construction as required by the City of Catlsbad and identified through the development review process. f. Xv0 Impact. Do to the nature of the project no conflicts will be created with alternative transportation plans. g. No Impact. No rail, waterborne or air traffic impacts will be created. VII. BIOLOGICAL RESOURCES a. Potentially Significant Unless Mitigation Incorporated. The City has recently adopted a City- wide Habitat Management Plan (HMP). The recycled water plant site is vacant, but has been historlcally disturbed and is not identified as a conservation area in the HMP. Additionally, two of the pump station sites are in disturbed or developed areas, and not identified as a conservation area. The pump station site proposed near Lake Calavera is in a conservation area, but is adjacent to a unpaved utihty access road and along a slope that has been disturbed and contains no significant habitat resources. The installanon of such water related Infrastructure in this conservation area was acknowledged In the HMP. The majority of pipeline installations are proposed in either existing street rights of way or in existing utility access roads. Therefore no impacts are anticipated. A , minimal amount of pipeline installation will be either through introduced landscaped areas, or natural vegetation areas. To minimize impacts to natural vegetation areas, a mitigation measure has been incorporated into the project which requires the use of a micro-tunneling or directional drilling technology to avoid disruption to those areas. Improvements at the Mahr Reservoir site, may as a result of the Division of Mines and Geology requirements, necessitate disruption of a potentially significant area of natural vegetation along the downstream face of the dam. The extent of the disruption, if any, is not known at this time. A mitigation measure is being applied which requires that the CMWD conduct additional biological surveys and obtain the necessary resource agency clearances in the event of such plan changes, which would occur prior to conducting any work. b. No Impact. There are no locally designated species on any of the impacted sites. c. Potentially Significant Unless Mitigation Incorporated. See response to VII a above. d. No Impact. .Based on a review of previous geotechnical studies, a limited site investigation report, and appraisal report, there are no wetlands, marsh, riparian or vernal pools on the properties impacted by the project. e. No Impact. There are no wildlife dispersal or migration corridors impacted by the project. VIII. ENERGY AND MINERAL RESOURCES. a. No Impact. There is no conflict with adopted energy conservation plans. b. No Impact. The proposed project will not use non-renewable resources in a wasteful manner. The project will recycle water that is now discharged to the ocean. c. No Impact. Due to the nature of the project there will be no loss of availability of a known mineral resource. IX. HAZARDS a. Potentially Significant Unless Mitigation Incorporated. In processing the wastewater, chemicals are used to assist in the treatment process and to clean membranes for microfiltration and reverse osmosis. These chemicals are in sealed containers and are injected into the treated flow stream. These chemicals do not normally come into contact with people. The chemicals proposed for use are as follows: Sodium hypochlorite 12.5% will be stored onsite in an 8,000 gallon tank. The chemical will be injected upstream of the treatment units and also for final disinfection to maintain a chlorine residual in the treated effluent. Two tanks may be installed to store the chemical. Periodic refilling of the tanks will be handled by the chemical supplier. The tanks are sealed and no odors are emitted from the tank(s) during operation. A small insignificant amount of a bleach type odor may be released during the filling process; however, it will not be detectable within a short distance from the tank. It has a very low vapor pressure and therefore negligible volatility. Spills of sodium hypochlorite can be neutralized using sodium bisulfate or ferrous salt solutions. If neuualization is required, all neutralized materials are to be stored in approved Department of Transportation containers. After removal of the neutralized material, the area should be flushed Lvith large amounts of water. Sodium hypochlorite is corrosive, but it is not explosive nor flammable. It is classified as a hazardous material under federal guidelines due to its pH of 12.5 to 13.5. This chemical is presently used at the EWPCF and maintenance personnel are familiar with its handling requirements. With a microtiltration/reverse osmosis reclamation plant the following chemicals would be used to periodically clean the membranes. - Microfiltration Cleanine: Sodium Hydroxide stored in two 55 gallon drums. Citric acid stored in a 2500 pound container. Memclean (surfactant) stored in one 55 gallon drum. Argo Scientific Hypersperse AF 200 will be delivered in 250 gallon tote bins. Sulfuric Acid will be delivered to onsite storage tanks approximately 2000 gallons in capacity. Reverse Osmosis Cleaniw: Sodium Dodecylbenzenessulfonate (a surfactant) stored in a 100 pound container. Sodium tripolyphosphate stored in a 2500 pound container. Sodium Hydroxide 25% stored in one 55 gallon drum. Each tank, container or drum will have an enclosure around it to contain any accidental spillage. The enclosure consists of concrete basins with sufficient wall height to contain the volume of chemical in each container. The tanks will be placed in an area to control accidental spillage should it occur. . . Accidental spills or leaks of treated secondary or tertiary wastewater, hazardous chemicals or certain construction materials are considered to be potentially significant project impacts. The use of standard design measures such as shutoff valves, monitoring systems and containment structures will reduce this potential impact to an insignificant level. The project will be subject to review by the San Diego County Department of Health Services and the Regional Water Quality Control Board, San Diego Region. These reviews ensure compliance with all regulations related to public health and safety, as well as water quality: Additionally, to mitigate the potential for impact a mitigation measure has been incorporated which requires the applicant to comply with all the requirements of the Carlsbad Fire Prevention Services Division (i.e. a hazardous substances management/storage plan) prior to the issuance of permits. b. No Impact. The project will not interfere with any emergency response plan or emergency evacuation plan. Access along roadways will be maintained during project implementation. c. Potentially Significant Unless Mitigation Incorporated. See the response to IX a above. d. No Impact. The project will not expose people to existing sources of potential health hazards. A health risk study report was prepared by Dudek & Associates regarding investigation of the site for hazardous chemicals due to past farming operations. In the summary of findings section it was reported that the aggregate incremental risk of cancer in the most sensitive target populations from exposure to the various pesticides present in the on-site soils was not calculated to be greater than one excess cancer risk in an exposed population of 100,000, where it is necessary to provide notice of the presence of the pesticides in compliance with Proposition 65. The report states that according to the State of California, this determination indicates that additional measures in the name of protecting human health from carcinogenic effects are not warranted. Ko hazardous materials are anticipated to be encountered ar booster pumping stations, reservoirs or pipelines. Individual geotechnical reports will be required for the pipelines, and any contaminated soil found along the pipeline alignments will need to be disposed of at a licensed landfill. e. No Impact. The project will not increase fire hazards. Based on site visits there is no brush covering the areas where rmprovements are proposed. No heat producing elements are part of this project 26 Rev. 03/28/96 -. except for the standby generator at the water reclamation plant. This heat will be contained in a building and will be dissipated thrqugh a ventilation system. x. NOISE a. Less Than Significant Impact. Noise levels will increase as a result of the project since the site is currently vacant. Sound emissions from the project will occur at the CWRF, booster pumping stations and the compressor at Mahr Reservoir. Noise will be from the operation of pumps, electric motors, standby generators and compressors. The motors will be specified to limit noise emissions to be below limits established by the City of Carlsbad. In addition, motors will be in enclosures or buildings that will be sound attenuated. The standby power generator will be at the CWRF, and will be diesel engine driven. It will be enclosed in a building incorporating sound attenuation material on the walls and all vent openings to limit the sound emissions to meet hospital zone requirements. There will be noise on a temporary basis during construction. At the site for the proposed CWRF the area has a limited noise sensitivity. Local traffic (especially trucks), as well as the I-5 freeway and coaster railroad background noise are at very high levels and will mask noise impact potential from the project site. During construction n&e levels ‘for the noisiest construction equipment are around 80 dB as a mean and 90 dB as a peak. During normal working hours these noise levels will not be greater than the levels normally occurring around the CWRF site. However, construction activities will be prohibited from 7 p.m. to 7 a.m. and all day on Sundays and holidays, prescribed by the Carlsbad Municipal Code. Construction at the booster pumping station sites and the distribution pipelines similarly will not be an Issue during normal working hours. However, construction will be prohibited during 7 p.m. to 7 a.m. and all holidays and Sundays. In addition, construction equipment shall have manufacturers noise control devices in place. Short and long term noise associated with the project is expected to be less than significant. b. Less Than Significant Impact. The project will not expose people to severe noise levels except for operators and maintenance people entering the standby power generator building when the generator is in operation. In this case the operators and maintenance personnel will be required to wear personal ear protection devices. XI. PUBLIC SERVICE. a. No Impact. No additional impacts to City of Carlsbad fire protection as a result of this project. b. No Impact. No additional impacts to City of Carlsbad police protection services as a result of this project. c. No Impact. No additional impacts to schools’as a result of this project except that recycled water will be made available for irrigation water at some of the schools. The water quality will meet or exceed the requirements of State Health Services for unrestricted use of the recycled water. d. Ko Impact. No additional impacts to maintenance of existing public facilities or roads. e. No Impact. No additional impacts to other governmental services. XII. UTILITIES AND SERVICE SYSTEMS 3. 30 Impact. The project is not of a scale to create a need for new power or natural gas systems. b. No Impact. The project will not result in a need for new communication systems. 27 Rev. 03/28/96 c. No Impact. The project will not impact regional or local water treatment or distribution systems. However, additional water will be produced from the project which will lower the demand for potable water at some existing irrigation sites. ’ d. No Impact. The project will not impact existing sewer or septic tanks. e. No Impact. No new storm drains or channels are required for this project. The sites are not within a loo-year flood plain. f. No Impact. The project will not impact solid waste disposal systems. . . g. No Impact. The project will not impact local or regional water supplies. However, additional treated potable water would be made available since the project will produce recycled water for irrigation and industrial purposes. XIII. AESTHETICS. a. No Impact. No designated Scenic Highway or route or general public, scenic vista will be impacted by the project. . . b. Potentially Significant Unless Mitigation Incorporated. Given the nature of the proposed public utility use (i.e. anticipated activities, structural installations, appearance etc.), a potential does exist for adverse visual impacts on surrounding land uses unless mitigation is incorporated. The water recycling plant site is located in an area characterized by a mix of landuses. Potentially ‘impacted land uses in the vicinity include residential to in east (on the other side of the freeway) and a developing multi-family project to the southwest of the site. Also, but to a lesser degree, commercial uses to the south of the site may be impacted. Mitigation measures can minimize potential impacts to a level of insignificance and have been incorporated accordingly. They relate to requirements that the project complete the City’s development review process and special requirements for screening of operations andlor enclosure of equipment, enhanced building architecture, and enhanced perimeter landscaping. Three pump station sites are proposed. One is proposed in relatively remote location along an existing, unpaved utility access road near Lake Calavera and impacts/incompatibilities are expected to be less than significant. Two are located in prominent locations along existing, or planned, major arterials. Mitigation measures can minimize potential visual impacts to a level of insignificance. The pump stations are subject to the conditional use permitting and development review process. Additionally special design requirements, or mitigation, have been developed. For the pump station proposed near the comer of El Camino Real and Palomar Airport Road, mitigation involveslocating the facility underground and requiring the CMWD to work with the property owner in integrating the installation into monument signage/hardscape and landscaping for the Bressi Ranch Development. For the pump station proposed at the existing tank site off Poinsettia Lane, mitigation consists of a architecturally enhanced structural enclosure and screening landscape. c. Potentially Significant Unless Mitigation Incorporated. There will be outside lighting at the proposed water reclamation plant. However, all exterior and parking lot lights will be of low reflective mercury or sodium vapor type. The booster pumping station sites will have security lighting only at major doorway entrances. XIV. CULTURAL RESOURCES. a. No Impact. The proposed water recycling plant site, 2 pump station sites, pipelines and work proposed at the Mahr reservoir site are in areas already disturbed by grading, agricultural cultivation or previous excavations for adjacent structures. Therefore no impact to paleontological resources is anticipated. For the third pump station site proposed near the Lake Calavera, recorded 28 Rev. 03/28196 - paleontological resource maps on tile in the Planning Division indicate concentrations of resources near the site. The distance is far enough however that no impact is anticipated. b. Potentially Significant Unless Mitigation Incorporated. As indicated above, the proposed water recycling plant site, 2 pump station sites, pipelines and work proposed at the Mahr reservoir site are in areas already disturbed by grading, agricultural cultivation or previous excavations for adjacent structures. Therefore no impact to archeological resources is anticipated at those sites. For the third pump station site proposed near the Lake Calavera, however, recorded archeological resource maps on file in the Planning Division indicate concentrations of resources in close proximity to the site. Since archeological resources often tend to be’scattered, a potential does exist that resources may be located on the pump station site. Based on staffs review of the records it does not appear that any resources would be considered a “unique archeological resource” as defined in Section 21083.2 of CEQA. (Provided they are, and in all likelihood they would be, similar to recorded finds .in the vicinity). Nonetheless, any resource would have value and a mitigation measure has been incorporated into the project that requires that the CMWD have a qualified archeologist on-site during excavation to recover any resources which are found.. c. No Impact. Based on site visits and historical use of the properties, there are no historical resources on any of the sites. d. No Impact. There are no unique ethnic cultural impacts associated with any of the locations. None were identified in adjacent land development projects. e. No Impact. There are no existing religious uses within the proposed sites. xv. RECREATIONAL. a. No Impact. The project will not result in the need for more parks or other recreational facilities. b. No Impact. The project will not impact any existing recreational opportunities such as parks, public trails, beach access etc. 29 Rev. 03.‘28/96 I . - III. EARLIER ANALY s&S USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-l 161, extension 447 1. 1. 3 w. 3. 4. 5. 6. 7. 8. 9. 10. Il. 12. Final Master Environmental Imnact Renort for the City of Carlsbad General Plan Update (MEIR 93- 01), dated March 1994, City of Carlsbad Planning Department. Archaeological Test Report for Prehistoric Site CA-SDI-6819 Carlsbad, CA. By Gallegos & Associates. 1992. SOIL SURVEY, San Diego Area, California, United States Dep&ment of Agriculture. 1973. Preliminary ,Geotechnical Investigation, Two Proposed 8.2 Million Gallon Water Storage Tanks, by Leighton and Associates. 1992. Limited Site Investigation ai Avenida Encinas Property for the Encina Water Authority, by Dudek & Associates. 1995. Poinsettia Promenade Carlsbad, California Update Report, by Geocon Inc. 1996. Carlsbad General Plan, by City of Carlsbad. 1994. . . Avenida Encinas Geotechnical Report, by Cardiff Geotechnical Consulting Engineers and Geologists. 1993. Water Quality Control Plan, by Regional Water Quality Control Board, San Diego Region. 1994. Integrated Resources Plan, by Metropolitan Water District of Southern California. 1995. Water Resources Master Plan, by Dan Diego County Water Authority. 1997. Appraisal Report for the site located between I-5 and north sides of the 6300-6700 blocks of Avenida Encinas, by Donald P. Falk, MAI. 1994. 13. Geotechnical Report for Palomar Airport Road East To El Camino Real by Kleinfelder. 1990. 14. Supplemental Geotechnical Investigation. Calavera Hills Subdivision by Southern California soil & Testing. 1983. . . 15. Preliminary Design Report for the Carlsbad Water recycling Facility by Black & Veatch. 1999. 16. City of Carlsbad Habitat Management Plan. City of Carlsbad Planning Department. 1999. 30 Rev. 03/28/96 . . - LIST OF MITIGATING MEASURES (IF APPLICABLE) 1. The Carlsbad Municipal Water District, or their designee, shall submit applications for a zone change, and for a General Plan amendment, to change the zoning/land use designation of the site, or that portion of the site proposed to be developed with public utility uses, from Planned Industrial/Office to Public Utility. If a land use/zoning designation change is sought for only a portion of the site, the remaining portion shall remain Planned IndustriaVOffice and the request to amend the General Plan/zoning shall be accompanied by a request for a minor subdivision to divide the site in alignment with the land use/zoning boundary. 2. The Carlsbad Municipal Water District, or their designee, shall submit an application to amend the City’s Local Coastal Program as it relates to the proposed public utility use of the Avenida Encinas site. Approval of the amendment by the California Coastal Commission shall be obtained, prior to the issuance of any permit or beginning any construction activities. 3. The project is subject to the City’s development review process. The Carlsbad Municipal Water District, or their designee, shall submit a complete application package for a Precise Development Plan, Conditional Use Permit, and Coastal Development Permit to the Planning Department, prior to the issuance of any permit or beginning any construction activities. 4. The project is subject to compliance with the a11 applicable standards and requirements of the Engineering, Building and Safety, and Fire Protection Service Divisions. Compliance shall be reviewed by the City through the development review process and obtained and/or demonstrated prior to the issuance of any permit or beginning any construction activities. 5. The project is subject to the City’s Agricultural Land Conversion Mitigation program. The Carlsbad Municipal Water District shall submit the required mitigation fee, as calculated by the Planning Director, to the Planning Department prior to the issuance of any permit or beginning any construction activities. 6. The Carlsbad Municipal Water District shall obtain all the necessary clearances from the San Diego Regional Water Quality Board. The CMWD shall demonstrate compliance to the Planning Director, prior to the issuance of any permit or beginning any construction activities. 7. In the event that State Division of Mines and Geology permitting requirements would necessitate disruption to natural vegetation areas along or adjacent to the downstream face of the Mahr Reservoir, the Carlsbad Municipal Water District shall notify the Planning Department of the issue and engage the services of a qualified specialist to survey biotic resources. The completed survey shall be submitted to the-Planning Department for review where the appropriate State and/or Federal permitting procedures shall be identified. The required State and/or Federal permitting procedures shall be completed by the CMWD prior to the issuance of any City permit relating to the work and prior to beggining any construction activities involving the subject area. g. The Carlsbad Municipal Water District, or their designee, shall utilize “micro tunneling”, “directional drilling”, or other similar non-disruptive technologies when installing water pipelines through natural vegetated open space areas. An exhibit indicating the exact locations of any such condition shall be submitted with the development review application package. 9. The Carlsbad Municipal Water District, or their designee, shall ensure the attendance of a qualified archeologist on-site during excavation of the pump station site located near Lake Calavera. In the event of discovery of archeological resources. the CMWD shall be responsible for adhering to the City’s accepted standards of recovery and recordation. 10. The pump station, proposed at the intersection of El Camino Real and Palomar Airport Road, shall be designed as a subterranean facility. Additionally, the Carlsbad Municipal Water District shall work with the owner of property located at the comer of El Camino Real and Palomar Airport Road in 31 Rev. 03/28/S% locating the pump station on the site and integrating the facility with anticipated landscaping, hardscape, and /or monument signage associated with development of that property. An exhibit indicating the exact siting and design of the pump station shall be submitted with the development review application package. Il. The pump station enclosure, proposed at the intersection of Poinsettia Lane and Black Rail Road, shall receive architectural enhancement, and shall be designed to be compatible with existing facility enclosures on the site, to the satisfaction of the Planning Director. Detailed architectural elevations of the pump station enclosure shall be submitted to the Planning Department, with the development review application package. 12. All equipment and/or activity at the proposed water recycling plant on Avenida Encinas shall be either fully enclosed or screened from public view, to the satisfaction of the Planning Director. Detailed plans shall be submitted to the Planning Department, with the development review application package. 13. Architecture of buildings and/or structures proposed at the water recycling plant on Avenida Encinas shall be enhanced and compatible with other existing, and approved (but not constructed) buildings in the vicinity of the site, to the satisfaction of the Planning Director. Detailed architectural elevations of the buildings and structures shall be submitted to the Planning Department with the development review application package. An architectural rendering of the facility shall be prepared and submitted as deemed necessary by the Planning Director. . . 14. Landscape screening and/or enhancements shall be provided at the water recycling plant site on Avenida Encinas and at the pump station sites, to the satisfaction of the Planning Director. Conceptual landscaping and irrigation plans shall be submitted to the Planning Department with the development review application package. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 32 Rev. 03/28/96 - - APPLICANT CONCURRENL’E WITH MTTIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. 33 Rev. 03128196 CITY OF OCEANSIDE CITY OF VISTA / ‘q + + . 7 /,,i,iiCOS ----Pm CARLSBAL N v + \\ \\ i +. ‘SAN MARCOS NOT TO SCALE ENCINITAS WATER. SEWER, RECIAMED WATER MASTER PlANS AND km ? WATER RESOURCES DNELOPMEM PLAN CARLSB#Dv AREA MAP < + ccirotso . enctneers FIGURE 1 . CARLSQAO MUNlClPAL WATER DISTRICT ! J Ez tQ it a r g OM ki ii a I- l ‘O Y 9 : $ : b3 ..-* / /s . l Q f 4. -L i ta.’ . . ; I ! b I I I I I I I I 1 I h I EG1 : I. - ,-- / . ..‘/ /* _,-- --- 1 I I - “--L -- : - -- F 1 I u.F-~i y- - .__- ! I I a SP -. .-.. -- -. ‘L. __- ‘~2 - j‘ . . . . _ -=a I \ \ L /----- -’ _=----- y&D ,--- --- --p& ‘-; ,-*A~ :, . . _-- /----- a 1 *?M p pbL”“ ‘C ‘t .EL 6 CAMINO PUMP STATION SITE “A” \ . 0 / 5 ‘\ \%\ \ FUTURE BRESSI RANCH \ \ \ \ \ 2, \ \ \ \ 1 I I I - \ UTS - I I d PO\VELL John Powell 6 Aesocistee. Inc. - Coranq Ciwl Eng~neet-6 BOOSTER PUMPING STATION PROJECT AT PALOMAR AIRPORT ROAD NO. AND EL CAMINO REAL, 82.080 FIGURE 6 c P :: 5 3 c- -0 c h 3 0 PS L f I : ., iI t ag ’ ; 1 !I B 0 t II RI! 8; 0 ..-- J '-.& AGREEMENT NO. 23300 NEW LRP ENCINA BASIN WATER RECLAMATION PROJECT - PHASES I AND II LOCAL RESOURCES PROGRAM AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, SAN DIEGO COUNTY WATER AUTHORITY, AND CARLSBAD MUNICIPAL WATER DISTRICT , L -., -- AGREEMENT NO. 23300 NEW LRP ENCINA BASIN WATER RECLAMATION PROJECT - PHASES I AND II LOCAL RESOURCES PROGRAM AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, SAN DIEGO COUNTY WATER AUTHORITY, AND CARLSBAD MUNICIPAL WATER DISTRICT TABLE OF CONTENTS Recitals ......................................................................................................................... Section 1. Definitions ......................................................................................................... 2. Warranties ......................................................................................................... 3. Ownership and Responsibilities .......................................................................... 4. Billing Process ................................................................................................ 5. Record Keeping and Audit ................................................................................. 6. Term and Amendments ..................................................................................... 7. Hold Harmless and Liability ................................................................................ 8. Notice ................................................................................................................ 9. Successors and Assigns - ....................................................................................... 10. Severability ........................................................................................................ 11. Integration ........................................................................................................ 12. Governing Law .................................................................................................. ~. Exhibits Exhibit A - Project Description Exhibit B - LRP Contribution Schedule Exhibit C - Performance Provisions Page 3 5 6 7 7 8 9 9 9 10 10 10 10 -2- MWD Agreement No. 23300 - -- NEW LRP ENCINA BASIN WATER RECLAMATION PROJECT - PHASES I AND II LOCAL RESOURCES PROGRAM (LRP) AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, SAN DIEGO COUNTY WATER AUTHORITY, AND CARLSBAD MUNICIPAL WATER DISTRICT THIS AGREEMENT is made and entered into as of M&f& 2c ,200O by and among The Metropolitan Water District of Southern California (Metropolitan), San Diego County Water Authority (Authority), and Carlsbad Municipal Water District (Carlsbad). Metropolitan, Authority, and Carlsbad may be collectively referred to as “Parties” and individually as “Party”. RECITALS A. There is now in effect a Local Resources Program Conversion Agreement (Conversion Agreement) dated July 1, 1999 by and among the Parties for the development and utilization of recycled water, which provides for the Encina Basin Water Reclamation Project - Phase I (Phase I Project); B. Pursuant to the Conversion Agreement, the Phase I Project commenced operations in January 1993 and is capable of meeting an annual demand of 2,050 acre-feet of Recycled Water for non-potable landscape, agricultural, commercial, and industrial purposes; C. Metropolitan’s Board of Directors, at its June 9, 1998 meeting, established terms and conditions for the LRP and authorized staff to issue a Request for Proposals (RFP) targeting 53,006 acre-feet per year (AFY) of needed local resource production by the year 20 10 from cost-effective projects that would help contribute to the region’s overall water supply reliability; D. In response to the RFP, Carlsbad submitted a project proposal for the 2,950 AFY Encina Basin Water Reclamation Project - Phase II (Phase II Project) that was competitively evaluated by a review committee and subsequently identified as one of 14 projects recommended for inclusion in the LRP to achieve the targeted production; E. The Parties mutually agree to terminate the Conversion Agreement, referenced in Paragraph A above, effective July 1,200O; F. This Agreement combines both Phases I and II of the Encina Basin Water Reclamation Project; MWD Agreement No. 23300 , * . --- --. G. H. I. J. K. L. M. N. 0. P. Metropolitan was incorporated under the Metropolitan Water District Act (Act) for the purpose of developing, storing, and distributing water for domestic and municipal purposes; The Act empowers Metropolitan to acquire water and water rights within or without the state; develop, store and transport water; provide, sell and deliver water at wholesale for municipal and domestic uses and purposes; set the rates for water; and acquire, construct, operate and maintain any and all works, facilities, improvements and property necessary or convenient to the exercise of the powers granted by the Act; Authority, as a member public agency of Metropolitan under the Act, is a wholesale purchaser within its service area of water developed, stored, and distributed by Metropolitan; Carlsbad is a member public agency of Authority and provides domestic and nondomestic water services entirely within Authority’s service area; Carlsbad is empowered under Section 7 1309 of the Water Code to enter into contracts necessary to carry out its powers and purposes; Metropolitan’s water supply and demand projections for its service area, including that encompassed by Authority, show that additional sources of supplemental water must be developed to meet future needs; - Metropolitan has determined to take all necessary steps to provide its service area with adequate and reliable supplies of high quality water in the years ahead in an environmentally and economically responsible way, including providing financial incentives to water recycling projects under its Local Resources Program (LRP); Metropolitan and Authority have determined that it is mutually beneficial for local water projects originating in Authority’s service area to be developed as a supplement to Metropolitan’s imported water supplies in order to meet future water needs; A significant amount of treated wastewater generated within Authority’s service area is currently discharged to the ocean, which water when provided with tertiary treatment could be used for non-potable purposes; Additional quantities of recycled water could be produced, distributed, and sold by Carlsbad by means of additional capital facilities to treat, distribute and use additional wastewater, thereby avoiding disposal thereof as a waste product and reducing the need for additional water that otherwise must be delivered from Metropolitan’s imported water supply system for landscape irrigation purposes; -4- MWD Agreement No.. 23300 Q. Carlsbad is currently planning and desires to construct additional capital facilities collectively known as the Phase II Project, to treat and distribute, for beneficial use, additional treated wastewater, which will minimize present and future disposal of wastewater as a waste product from Carlsbad, in a manner cost-effective for its customers; R. Metropolitan, in accordance with its LRP, desires to assist Carlsbad in the cost of treating and distributing recycled water for landscape irrigation purposes; S. Carlsbad ,desires to comply with the provisions of Metropolitan’s LRP in return for Metropolitan’s financial assistance for the Project; T. Metropolitan desires to assist in increasing production and distribution of recycled water by providing financial incentives to Carlsbad, through Authority, for implementation of the Project. U. Authority desires to participate in and affirmatively supports the Project by transferring to Carlsbad the financial incentives that it receives from Metropolitan; V. The Parties believe that treatment and distribution of recycled water from the Project will benefit the local community within Carlsbad and the region served by Metropolitan; W. The Project, when fully developed, is estimated as being capable of delivering 5,000 acre- feet per year of recycled water by treating secondary wastewater and distributing recycled water for landscape irrigation purposes. NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows: Section 1: Definitions The following words and terms, unless otherwise expressly defined in their context, shall be defined to mean: 1.1: “Allowable Yield” shall mean the amount of Recycled Water that is delivered to End Users by Carlsbad from the Project in any given Fiscal Year and eligible to receive Metropolitan’s financial assistance. Allowable Yield, measured in acre-feet, shall not exceed Ultimate Yield and shall exclude any Recycled Water Metropolitan reasonably determines will not reduce Authority’s or Carlsbad’s demand for Metropolitan’s imported water. 1.2: “End User” shall mean each user that purchases Recycled Water furnished by the Project. -5- MWD Agreement No. 23300 E.3: “LRP Contribution” shall mean the financial contribution in dollars per acre-foot Metropolitan pays for Allowable Yield to Carlsbad for monthly billing purposes as outlined in Exhibit B, incorporated herein by this reference. The LRP Contribution shall commence in Fiscal Year 2000-2001 and is limited to the Allowable Yield tabulated in Exhibit B. 1.4: “Fiscal Year” shall mean a Metropolitan Fiscal Year that begins on July 1 and ends on June 30. 1.5: “Project” shall mean the “Encina Basin Water Reclamation Project - Phases I and II” being developed by Carlsbad, as described in Exhibit A attached hereto and incorporated herein by this reference, consisting of existing facilities and additional capital facilities including treatment and distribution facilities capable of producing the Allowable Yield. Carlsbad shall notify Metropolitan prior to making any changes to the Project that requires new environmental documentation other than an addendum to the existing environmental documentation. After reviewing the proposed change and associated environmental documentation, Metropolitan shall inform Authority and Carlsbad of Metropolitan’s decision whether or not to include the change to this Agreement. 1.6: “Ultimate Yield” is established as 5,000 AFY and represents the sum of Phase I Ultimate Yield (2,050 AFY) and Phase II Ultimate Yield (2,950 AFY). Ultimate Yield is subject to the reduction provisions outlined in Exhibit C, incorporated herein by this reference. 1.7: “Recycled Water” shall mean treated wastewater, which subject to regulatory requirements, is suitable for beneficial uses. Section 2: Warranties 2.1 Carlsbad, by virtue of its ownership of the Project, warrants that it has a firm and adequate source of Recycled Water to operate the Project; 2.2: Carlsbad warrants that it is able and has a right to distribute and sell Allowable Yield produced from the Project. 2.3: Carlsbad warrants that it does not discriminate against employees or against any applicant for employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability and further warrants that it requires all contractors and consultants performing work on the Project to comply with all laws and regulations prohibiting discrimination against employees or against any applicant for employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability. 2.4: Carlsbad warrants that it has or will comply with the provisions of the California Environmental Quality Act for each and all components of the Project facilities. -6- MWD Agreement No. 23300 Section 3: Ownership and Responsibilities 3.1: 3.2: 3.3: 3.4: 3.5: 3.6: 3.7: Carlsbad shall be the sole owner of the Project facilities. Metropolitan and Authority have no ownership right, title, security interest or other interest in the Project facilities. Carlsbad shall be solely responsible for all design, environmental compliance, right-of- way acquisitions, permits, construction, and cost of the Project and all modifications thereof. Carlsbad shall be solely responsible for operating and maintaining the Project, in accordance with all applicable local, state, and federal laws. Metropolitan and Authority shall have no rights, duties or responsibilities for operation and maintenance of the Project. Carlsbad shall install, operate and maintain metering devices for the purpose of measuring the quantity of Allowable Yield delivered to each End User. Carlsbad shall also account for and distinguish between Allowable Yield produced under the LRP agreement for Phases I and II. Carlsbad shall, during the term of this Agreement, use its best efforts to operate Project facilities to maximize Allowable Yield on a sustained basis. Authority and Carlsbad shall assist Metropolitan in its effort to forecast future Project production. Carlsbad shall notify and provide Metropolitan with a copy of relevant agreements if Carlsbad decides to convey water using the Project facilities to any party that is not an End User. Section 4: Billing Process 4.1: Metropolitan shall pay Carlsbad, through Authority, the LRP Contribution specified in Exhibit B for Allowable Yield. Unless otherwise approved in writing by ,Metropolitan, no payment under this agreement shall be made by Metropolitan for groundwater, surface water or potable water deliveries to supplement the Recycled Water system. 4.2: Beginning on July 1,2018, Allowable Yield shall exclude the first 2,050 AFY of Recycled Water produced by the Project. 4.3: Carlsbad shall invoice Metropolitan monthly for the LRP Contribution based upon the Allowable Yield billed to the End Users during the previous month. Metropolitan shall pay Carlsbad for invoiced LRP Contribution pursuant to Sections 4.1 and 4.5 by means of a credit included on the next water service invoice issued to Authority. MWD Agreement No. 23300 -7- 4.4: Upon receiving the Metropolitan invoice, Authority shall include the full amount of the LRP Contribution for the Allowable Yield received from Metropolitan as a credit on its next water service invoice to Carlsbad. 4.5: Unless otherwise provided for in this Agreement, all invoicing, billing, and crediting processes shall be in accordance with the rules and regulations established from time to time by Metropolitan as reflected in Metropolitan’s Administrative Code. Section 5: Record Keeping and Audit 5.1: Carlsbad shall establish and maintain separate accounting records of Project production and Allowable Yield for Phases I and II. In addition, Carlsbad shall collect and retain records of the total annual amount of water conveyed outside of Carlsbad’s service area using Project facilities. Accounting for the Project shall utilize generally accepted accounting practices and be.consistent with the terms of this Agreement. 5.2: Carlsbad shall collect and make available to Metropolitan upon request, Project production and Allowable Yield data for each Fiscal Year of Project operation and retain records of measurements taken by meters installed pursuant to Section 3.4. If upon administrative review of previously submitted Allowable Yield data is found to be incorrect, an adjustment for over- or underpayment of Allowable Yield for each applicable Fiscal Year shall be paid by Metropolitan or Carlsbad within one year of determination of actual Allowable Yield. Disputes regarding such administrative review shall be resolved by formal audit. 5.3: Metropolitan shall have the right to audit Project production and Allowable Yield determination relevant to the terms of this Agreement for a period of three Fiscal Years following termination of this Agreement. Metropolitan may elect to have such audits conducted by its staff or by others, including independent accountants or engineers, as designated by Metropolitan. Carlsbad shall make available for inspection to Metropolitan or its designee, upon 30 days advance notice, all records, books and other documents related to the determination of Allowable Yield. Based on the results of any independent audit, an adjustment for over- or under payment of Allowable Yield for each applicable Fiscal Year shall be paid by Metropolitan or Carlsbad within one year of determination after such adjustment. 5.4: Carlsbad shall keep Project production and Allowable Yield for at least five years following the end of each Fiscal Year. 5.5: By October 1” of each Fiscal Year, Carlsbad shall provide Metropolitan with a list of Phase I and Phase II users and the respective quantity of Recycled Water delivered to each user for the previous Fiscal Year. -8- MWD Agreement No. 23300 h Section 6: Term and Amendments 6.1: The Agreement shall commence on the date first herein written and terminate on June 30, 20 19, subject to the performance provisions outlined in Exhibit C. The audit provisions shall remain in effect three full Fiscal Years after the termination of the Agreement. 6.2: This Agreement may be amended at any time by the written mutual agreement of the Parties. Section 7: Hold Harmless and Liability Carlsbad agrees at its sole cost and expense to ‘indemnify, defend, and hold harmless Metropolitan and Authority, their Boards of Directors, officers, agents, and employees from any claim and any and all liability, including but not limited to, any claims for injury or death to any person, or damage to property for any act or omission or any liability due to water quality which may arise out of Carlsbad’s approval of, and subsequent construction, operation, or ownership of the Project including the sale of Project water. Such indemnity shall include all loss related to any claim made, whether or not a court action is filed, and shall include attorney fees, administrative and overhead costs, engineering and consulting fees, and all other costs related to or arising out of such claim of liability. Section 8: Notice Any notice, payment, or instrument required or permitted to be given hereunder shall be deemed received upon personal delivery or 24 hours after deposit in any United States post office, first class postage prepaid and addressed to the Party for whom intended, as follows: If to Metropolikn: The Metropolitan Water District of Southern California Post Office Box 54153 Los Angeles, California 90054-0153 Attention: General Manager If to Authority: San Diego County Water Authority 32 11 Fifth Avenue San Diego, California 92 103-57 18 Attention: General Manager -9- MWD Agreement No. 23300 . ^- -. --- If to Carlsbad: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008-8893 Attention: Deputy City Engineer Any Party may change such address by notice given to each of the other Parties as provided in this section. Section 9: Successors and Assigns This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties hereto. This Agreement and any portion thereof shall not be assigned or transferred to any entity not an original Party to this Agreement, nor shall any of the duties be delegated, without the express written consent of all Parties. Any attempt to assign or delegate this Agreement or any of the obligations or benefits of this Agreement without the express written consent of all Parties shall be void and of no force or effect. Section 10: Severability The partial or total invalidity of one or more sections of this Agreement shall not affect the validity of this Agreement. c Section 11: Integration This Agreement comphses the entire integrated understanding between the Parties concerning the Project, and supersedes all prior negotiations, representations, or agreements. Section 12: Governing Law The law governing this Agreement shall be the laws of the state of California and the venue of any action brought hereunder shall be in Los Angeles County, California. Ill Ill ill Ill Ill l/l Ill If/ If/ -lO- MWD Agreement No. 23300 . - -. h-- IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first hereinabove written. APPROVED AS TO FORM: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA N. Gregory Taylor Ronald R. Gastelum General Counsel General Manager By: Deputy General $ounsel By:- m* % StephenN. Arakawa, Acting Manager Water Resources Management Group SAN DIEGO COUNTY WATER AUTHORITY APPROVED AS TO FORM: CARL&& MUNICIPAI,&&ER DISTRICT o:\clustrlO\mmshared\contract\agreeW300 -ll- MWD Agreement No. 23300 EXHIBIT A The Encina Basin Water Reclamation Project - Phases I and II Project Description Overview: The Encina Basin Water Reclamation Project - Phases I and II (Project) is owned and operated by the Carlsbad Municipal Water District (Carlsbad). Under the Project, approximately 5,000 acre-feet per year (AFY) is delivered to Carlsbad Recycled Water customers for landscape, agricultural, commercial and industrial purposes. The Project is located entirely within Carlsbad’s service area immediately south of Palomar Airport Road and west of El Camino Real (see Figure 1). Sources of Recycled Water 1. Meadowlark Water Reclamation Facilily Under Phase I, the Project currently receives Recycled Water from two external sources. The majority of the Project’s water needs are supplied by the Meadowlark Water Reclamation Facility (Meadowlark), which is owned and operated by Vallecitos Water District (Vallecitos). Meadowlark provides primary, secondary and tertiary treatment to wastewater and has a current capacity of about 2 million gallons per day. Recycled Water from Meadowlark is delivered to the Project through Vallecitos’ fail-safe pipeline. Recycled Water in the fail-safe pipeline which is not used by the Project is delivered to the Encina Water Pollution Control Facility (Encina) and then discharged to the ocean. Carlsbad has entered into an agreement with Vallecitos to purchase up to 2,040 AFY from Meadowlark. Meadowlark, the Mahr Reservoir and Vallecitos’ fail-safe pipeline are pre-existing and not part of the Project. 2. Gafier Water Reclamation Plant The second source of Phase I Recycled Water is the Gafner Water Reclamation Plant (Gafner), which is owned and operated by Leucadia County Water District (Leucadia). Gafner provides primary, secondary and tertiary treatment and has a current capacity of about 0.75 million gallons per day. Raw wastewater can also be sent to Encina via a separate pipeline from Gafner. At Leucadia’s discretion, secondary treated wastewater can be pumped back from Encina to Gafner for tertiary treatment. Carlsbad has entered into a take-or-pay agreement with Leucadia to purchase a minimum of 394 AFY from Gafner for Recycled Water deliveries supplied only to La Costa South Golf Course. Gafner and Encina are pre-existing and not part of the Project. -12- MWD Agreement No. 23300 3. Carlsbad Water Recycling Facility I Included in the development of Phase II facilities is construction of the proposed 5 million gallons per day Carlsbad Water Recycling Facility (CWRF). CWRF will provide tertiary treatment of secondary effluent from Encina and serve Recycled Water to the Project. Additional facilities may include microfiltration and reverse osmosis to reduce total dissolved solids levels in Recycled Water. Project Facilities Phase I Phase I of the Project consists of a distribution system, conversion of two potable water reservoirs to Recycled Water reservoirs and installation of potable water pipelines to replace pipelines for Recycled Water use. The distribution system includes about six miles of Recycled Water pipeline, pumping facilities, and a one-mile pipeline to replace the existing potable water pipeline that will be converted for Recycled Water use. Both the La Costa North and South Golf Course receive Recycled Water from the Project via existing, non-project pipelines. In addition, the Project includes capital improvements to Meadowlark including modifications to the effluent pump station, construction of a diversion structure, and installation of electrical and instrumentation equipment. Phase II - Phase II of the Project will involve construction of the 5 million gallons per day CWRF, extension of the existing Recycled Water distribution system by approximately 75,000 feet to serve new users, construction of a new pump station, and conversion of the existing Mahr Reservoir for Recycled Water storage. Although capital improvements to convert the existing Mahr Reservoir from potable to Recycled Water use are included in the Project, the Mahr Reservoir is considered pre-existing and not part of the Project. End Users Recycled Water from the Project will be produced for non-potable landscape and agricultural irrigation, and commercial and industrial purposes within Carlsbad’s service area. Points of Connection Project facilities shall terminate at the points of connection to the Project’s sources of supply, brine disposal facilities, Mahr Reservoir, the potable distribution systems, sewer systems, storm drains, groundwater extraction systems, Vallecitos’ fail-safe pipeline, and meter connections to End Users. -13- MWD Agreement No. 23300 \ 1’ PROPOSED _ ,,$,/- PUMP STATION -17 ; T A&, ( ,’ \ \. :/ RECYCLING Pacific Ocean nCbLMlvlM I IUI’( FACILITY ym MAHR -‘; RESERVOIR / .rd I \\“ I \ ,0c- \ \ Ad, \ \ O%r~e;p* : cj*e @ I- -- / 7’ ,’ 1-c ‘r \ : - EXISTING PIPELINES (PHASE I) -- - - - . PROPOSED PIPEPLINES (PHASE II) I 1 \ \ --- J d Figure 1 ENCINA BASIN WATER RECLAMATION PROJECT PHASE I & II EXHIBIT B LRP CONTRIBUTION SCHEDULE Fiscal Year LRP Contribution (%/AF) 2000-O 1 210 2,250 2001-02 210 2,550 2002-03 210 3,050 2003-04 210 3,450 2004-05 200 3,850 2005-06, 200 4,250 2006-07 200 4,650 2007-08 200 4,950 2008-09 200 5,000 2009-l 0 139 5,000 2010-l 1 100 5,000 2011-12 100 5,000 2012-13 100 5,000 2013-14 100 5,000 2014-15 - 100 5,000 2015-16 100 5,000 2016-17 100 5,000 2017-18 100 4,150” 2018-19 100 2,950’** l - Subject to reduction provisions outlined in Exhibit C. Maximum Annual Allowable Yield’ 0 l * - Reduction attributable to eligible deliveries from Phase I Project through l/3 l/201 8. l ** - Ultimate Yield less Phase I Project Yield per Section 4.2 of this Agreement. - EXHIBIT C PERFORMANCE PROVISIONS 1. The following performance provisions apply: a. b. C. The Agreement will terminate if construction of Phase II facilities has not commenced by April 1,2002. If this Agreement is terminated under this provision, the Conversion Agreement shall be restored to full force and effect. There is no established appeal process for this outcome. The Agreement will terminate if Project production is not delivered from the proposed 5 million gallons per day CWRF by April 1,2006. If this Agreement is terminated under this provision, the Conversion Agreement shall be restored to full force and effect. The Project sponsor(s) may appeal this decision to Metropolitan’s Board of Directors. If Phase II production from the CWRF during Fiscal Years 2004-05 through 2007-08 does not reach the target yield of 1,092 acre-feet (AF), Metropolitan will reduce the Allowable Yield outlined in Exhibit B. The reduction shall be one-half the shortfall between the targeted yield and the highest Phase II production in that period. For example, the Phase II Ultimate Yield of the Project for the following performance will be revised from 2,950 to 2,879 AFY for Scenario 1 beginning in Fiscal Year 2008-09. There would be no adjustment under Scenario 2. Fiscal Year 2004-05 2005-06 2006-07 2007-08 Scenario 1 Scenario 2 Phase 2 (AFY) Phase 2 (AFY) 700 700 850 850 900 1,300 950 950 Scenario 1: FY 2008-09 Allowable Yield = 5,000 AF Shortfall = 0.5 x (1,092 - 950) = 71 AF The Allowable Yield for Fiscal Years 2008-09 through 2018-19 outlined in Exhibit B, will be reduced by 71 AF. Scenario 2: Since Phase II production is greater than 1,092 AF in Fiscal Year 2006-07, no adjustment is required. MWD Agreement No. 23300 -16- . .I. - .- d. If Phase II production from the CWRF during Fiscal Years 2008-09 through 20 II- 12 does not reach.the target yield of 1,858 AF (or revised Allowable Yield if applicable), Metropolitan will reduce the Allowable Yield (or revised Allowable Yield if applicable) outlined in Exhibit B. The reduction shall be one-half the shortfall between the targeted yield and the highest Phase II production in that period. Fiscal Year 2008-09 2009-10 2010-l 1 2011-12 Scenario 1 Scenario 2 Phase 2 (AFY) Phase 2 (AFY) 1,500 1,500 1,550 1,600 1,700 1,350 1,200 1,400 Scenario 1: Scenario 2: FY 2012-13 Allowable Yield (Revised) = 4,929 AF Shortfall = 0.5 x (1,858 - 1,700) = 79 AF The Allowable Yield for Fiscal Years 2012-l 3 through 2018-l 9 outlined in Exhibit B, will be reduced by 79 AF. FY 2012-13 Allowable Yield = 5,000 AI? Shortfall = 0.5 x (1,858 - 1,600) = 129 Al? The Allowable Yield fo‘r Fiscal Years 20 12- 13 through 2018-l 9 outlined in Exhibit B, will be reduced by 129 AF. e. If Phase II production from the CWRF during Fiscal Years 2012-13 through 2015-16 does not reach the target yield of 2,212 AF (or revised Allowable Yield if applicable), Metropolitan will reduce the Allowable Yield (or revised Allowable Yield if applicable) outlined in Exhibit B. The reduction shall be one-half the shortfall between the targeted yield and the highest Phase II production in that period. The adjustment will be made using the same methodology shown in the above examples. 2. If Phase II production from the CWRF reaches 2,950 AF in any one Fiscal Year, there will be no adjustment to the Allowable Yield thereafter. o:\clustrlO\mmsharcd\contract\agreeU3300 -17- MWD Agreement No. 23300 . 3 )fi,L VT CIP..,, “n,l,&-~;C~L,n Ml’)” numr- aGn”huca h”CIIb, b-1 UAVIb, ctovomor ‘DEPARTMENT OF HEALTH t?hCES ‘\wi 3 -,.I - DIVISION OF DRlNKlNG WATER TECHNICAL OPERATlONS SECTION RECYCLED WATER UNIT 1180 EUdENlA PLACE, SUITE 200 w CARPlNTERl& CAUFORNIA 93013 (805)566-B767 FAX (805) 5864790 December 30, 1999 State Clearinghouse 1400 Tenth Street, Room 121 Sacramento, CA 95814 Subject: Carlsbad Municipal Water District Mitigated Negative Declaration Encina Basin Water Reclamation Program Phase II SCH# 99121048 Gentlemen: , The Department of Health Services has reviewed the "Mitigated Negative Declaration" and "Notice of Completion" for the Carlsbad Municipal Water District's "Encina 'Basin Water Reclamation Program Phase II" project dated December 10, 1999, and offer the following comments: As stated in the subject document, the District is proposing to construct a new water recycling plant, make improvements to an existing treatment facility and reservoir site, and ' construct new pump stations and 10 miles of additional transmission pipelines to deliver recycled 'water to various use sites within their service area. The use of recycled water is permitted by the California Regional Water Quality Control Board and must be in accordance with the requirements prescribed by the California Wastewater Reclamation Criteria (Title 22). Title 22 requires the submittal of an engineering report which describes the project in detail. This report must be reviewed and approved by the California Department of Health Services (San Diego District Office) and the Regional Water Quality Control Board. Compliance with basic design, operational and use site controls must be determined in advance of construction to ensure that facility changes are 4 Title 22 compliant. Therefore, the Engineering Report for this project, including detailed plans and specifications, operational and maintenance procedures, and use-site controls will need to be submitted for review and approval. We appreciate the opportunity'to review the subject documents. If you have any questions concerning this letter, please contact the undersigned at (805) 566-9767. Sincerely, Jeffrey L. Stone, Program Coordinator Recycled Water Unit 3 Division of Drinking Water RWQCB - San Diego Region SDHS - Toby Roy SDWSRF-Envir. Coordinator SDHS-DDWEMB Carlsbad\1230991tr.doc S ENCINA WASTEWATER AUTHORITY A Public Agency January 4,200O 6200 Avenida Encinas Carlsbad, CA 92009-l 095 Telephone (760) 438-3941 FAX (7601 438-3861 (Plant) (760) 431-7493 (Adminl City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009 Ref: admin.OO-6355 TO: Mr. Michael J. Holzmilier, Planning Director SUBJECT: Encina Basin Water Reclamation Program Phase II - Mitigated Nenative Declaration Comments (Case No: EIA 99-09) The purpose of this letter is provide the Encina Wastewater Authority’s (EWA) comments on the City of Cartsbad’s Mitigated Negative Declaration--for+,% Phase -It _, Encina Basin Water Reclamation Program. ‘. ._ - :Toc provide a brief backgroundj the .EW& %?a -p&&‘&t poppers authority located jn ‘Carlsbad that provides wastewater treatment$$&es to ~p~ro&&ely 256,OO@ North Stiii Diego County iesidents.~ The EWA isowned by six member agenci&‘including the City of Cartsbad. The remaining agencies include: the City of Vista, Vallecitos Water District, Leucadia County Water District, Buena Sanitation District and the City of Encinitas. The EWA supports the City of Cartsbad’s water reclamation efforts. In fact, the EWA is directly involved with integral pieces of the City’s Phase II Program including flow equalization (storage) and the supply of secondary treated water. Following review of the mitigated negative declaration, the EWA offers the following comment: On page 14, last paragraph under Flow Equalization Basin, it states that ‘Prior to being treated at the proposed water recycling plant, the flow will enter a fully enclosed equalization basin’. Comment: We would like -to point ‘out that -the EWA Board ‘hai authorized staff to proceed with the design, of. an- uncovered’,re@&-rgular. equalization. basin. Th&re is presently no plan to fully enclose the equalization facilities. :’ SERVING THE CITY OF VISTA. CITY OF CARLSBAO, BUENA SANITATION DISTRICT, VALLECITOS WATER DlSTRICr. / .-! LEUCAOIA COUNTY WATER DISTRICT AN0 CITY OF ENCINITAS . ‘.. Mr. Michael .I. Holzmilre,, Planning Director Subject: Encina Basin Water Reclamation Program Phase II January 4,200O Page 2 Ref: admin.OO-6355.2 Thank you for the opportunity to review and comment on the City of Carlsbad’s Phase II Water Reclamation Program Mitigated Negative Declaration. If you have any questions, please contact Paul Bushee, the EWA’s Management Analyst, or myself at 438-3941. Respectfully, MTH:PJB:am ‘iJ ENCINA WASTEWATER AUTHORITY 6200 Avenida Encinas l Carlsbad, CA 92009-1095 l Telephone (760) 438-3941 Plant Fax (760) 438-3861 l Administrative Offices Fax (760) 431-7493 Printed o- Recycled Pa:+’ y.,r, . 7 -- 4.L -_ 7- 01,13,‘00 ‘j-w 16:27 FAA -_ Igluuz t Municipal Water District 1966 Oliwrthnin Road; b5n.itass. CA 92024 l Phone (760) 753-6466 l Fax (760) 753.5640 VIA FACSIMILE: (760) 438-0894 January 13.2000 Mr. Jason Martin Pianning Department City of Cartsbad 2075 Los Palmas Drive Carlsbad, CA 92009 RE: COMMENTS ON THE ENCfNA BASIN WATER RECLAMATION PROGRAM PHASE II PROPOSED MITIGATED NEGATIVE DECLARATION Dear Mr. Martin: The Olivenhain Municipal Water District appreciates the opportunity to comment on the City of Carlsbad’s proposed Mitigated Negative Declaration for the Encina Basin Water Reclamation Program Phase II. The District has concluded that the project will have significant, impacts on the environment in several areas: 1) 2) 3) 4) A substantial and significant exposure to contaminate a public water supply is being created. It wilt create a potential health hazard to people in the affected area. dt will require substantial alteration to existing potable water utilities in the effected area. It will have significant impact on the quality of future public services outside the city limits and within the City of Encinitas. By way of background, the Olivenhain Municipal Water District is currently the potable water purveyor in a portion of the region that will .be impacted by the project. A substantial amount of infrastructure for the purpose of Serving recycled water has been installed in the District’s service area.. This existing recycled infrastructure is currently being served with potable water from the Olivenhain Municipal Water District’s system. The City’s project irroutd transport recycled water into Olivenhain’s potable system causing over 5,OOO~.households it? drinkrecycled wa@. .;This is against State and Federal Health Law. SignWant health cbnsiquences will result, unless a detailed plan Board of D&eaon cenc4Mauga A public agmry pwdly sm&~g AnnLleo);lFbdmf Duvid c. MeCal!am portions of Lruradta, Cardiff. Hti L Gam. m !+zadenr Thela Y. bfi& lhncm’ Lepd cknlcl .G-Junu Btmzh. R.ancbo Smtu Fd, Suum J. ~bt.x Lhdor w&y w PC&~ Encin~i.m. Ccwkhcd, sari Die0 and I?* * 7hfdmm~. nhwrnv the Olitmhain !Mky ,.,. b . i _- , 2.. -_ .- 01.'13/00 TRL; 16:27 F.4- , -- @loo3 Mr. Jason Martin Planning Department C/Yy of Carisbad January 13,ZOOO Page 2 of 3 is agreed upon by the City of Carisbad and the Olivenhain Municipal Water District to integrate recycled water into the existing recycled infrastructure. Adequate changes in the existing potable water system must be made to assure safe segregation of potable and recycled water, Presently. the City of Carlsbad and the Olivenhain Municipal Water District have three agreements designating the Olivenhain Municipal Water District as the sole purveyor of all potable water within its service jurisdiction (copies are provided for your convenience). The City recognized the need for a single water purveyor by these agreements as recycled water service was discussed during the negotiations for the Hunt Brothers and Woolley annexations. introducing recycled water into Olivenhain’s service area without adequate planning will create a significant environmental impact. It is the District’s duty to insist that adequate planning, discussion and agreement for mitigation of these impacts is conducted before the City of Carlsbad can adopt a Mitigated Negative Declaration. It will be necessary to determine which agency will maintain and operate the recycled system. It will be necessary to determine how adequate coordination can take place to avoid cross connections and contamination of the potable water system in this area. it will be necessary to develop an emergency response between both agencies to adequately respond to leaks and other emergency failures of the system, as well as to respond to customer c:seds for service on a day to day basis. It will be necessary to address the service needs of District customers outside the City of Carlsbad. as the present project, as proposed, will eliminate the ability of other customers outside the city limits to receive recycled service in the future. The District thoroughly appreciates the efforts of the City of Carlsbad to bring recycled water service to this region. The Olivenhain Municipal Water District already has recycled water service plans in areas being contemplated by the City of Carlsbad, as well as an extensive program in its southeast service area. The District believes that the best se&e to the region and its citizens can be accomplished by a coordinated effort to adequately protect the health and safety of the community, as &elf as working towards adequate supplies of all water. The District requests that a 15day extension for the time to respond to the Mitigated Negative Declaration be approved by the Planning Director, Michael J. Ho&miller. This would allow ttie City and District staffs to sit down and discuss methods of achieving a Mitigated Negative Declaration for the City’s project to move fonnrard in a timely manner. if an extension cannot be granted, the District believes that the Negative Declaration is inadequate and has failed to address a number of significant environmental impacts as numerated above. Y,.,l r? a” (8.. dU‘7” CI~/L~;OO ‘t-fir’ 16:za FAX- . Mr. Jason Martin Planning Oepartment City of Cahbad January 13,ZDoO Page 3 of3 Thank you very much for your attention to this matter. The Distrtct staff and management stand prepared to resolve these issues for the benefit of all citizens. Respectfully submitted, OLNENHAfN MUNICIPAL WATER DISTRICT David C. McCollom General Manager Enclosures _e cc: Olivenhain Mu&pal Water Oistrict, Board of Directors Wesley W, Peltzer, General Counsel 10 “iSi, .: W” . . . . d4, *r .‘ol/~x.:oo THI: 16:28 F.U - AGREEMENT BEFWEEN TSE OtIWENHAZN XUNICXPAL WATER DISnXT AND TEE CITY OF CARLSBAD RECARDIXG TEE WOLLEY ANNEXATION THIS AGREEMENT is entered into by and between the OLIVENHAIN KUEIICIPAL UTER DISTRICT (heteinsftet "THE DISTRICT"). a munic:p,sl water district created and operating pursuint to 971000 et seq. of the State of California Water Code, and the CITY Of CARtSBAIl, z general law City (hereintiter “THE CITY”). R-E-C-I-T-AFL-S I. THE DISTRICT is a anmlcfpal waret district x3lch provides pocsble water ta a portion of Northern Son Dicga County. A pcrtioo of THE DISTRICTED water setvke jurisdiction overlaps eerritory of TBE CITY. 2. There is a proposed l ancxatlon to THE CITY ilentificd a3 R-0. 83-15 (hereinafter “THE WOOLLEN ANNEXAZION”) pending before the Lace1 Agency Formation Commisfiioo of San Diego Counry (“L.A.F.C.G.“) as more particularly described on Exhibir: “A”, attached hereto arrd incorporated herein by reference. /I 3. THE WOOLLLY ANNEXATION proposes the annexatkfP vf 475 ;rcttb of property presently in the County of San Dfego ta TBZ CITY. The annexation area is generally located at TIE CITY’S southerly boundary oh ehe south side of Olivcnhain Road ~8s: and west of Ranch0 Santa Fe Road and et THE CITY’s eastern boundary uue mile east of the intersection of La Coata AYC~UC and Ranch0 Santa Fe Road. 4. THE DISTRICT has goue on record as opposing TEIE WOOLLEP AMiElL4?ION. 5. In consideration for THE DISTRICT's agreeneat to support TElE WOOLLFX ANNEXATION, THE CITY haa agreed to anter into this Ware? Service Agreement. -l- . * -- ;gooe :‘“’ ~~,?-i/‘oo”~~i’ ii:29 Fa, , ,. 6. By exccurlng rhis Agreement. it is the ogress lnrenrion of thP parties <hat SUE DISTRICT shall be the solo suppiict of all vatet setvice to THE UOOLLPY AXNEXATION area LO long a8 TRE WCOLLE AiVZX4TIOEI area tem;rine part of the water service jurisdiction of Ti%E DISTRICT or any successor mtity. 7. It is cho furrier intention of the psrties by rxocuting rhis hgreeaec t , to confirm the terms of 1 March 30, 1975 ngrcerneat between THE DISTRICT and THE Chirp which ~SSUTOS TBE DISTRICT that OBWT service vlthln TBE DISTRICT's vatcx service araa &all be supplied solely by THE DISTRICT. 1. XE DISTRICT to Supply all Water to THE VWCOl,LRy ANNEXATION Area. The parties agreg that all water service for TRZ !+ZOLLEX ANhTXATIQN ares shall be supplied exclusively by THE DISTRICT so long as TX ~QOU.Ep ANFkATION area remain6 part of the water service jurisdktion of ES DISTRICT or any successor entity. 2. 3% DISTRICT to Supply Water Subjrcf tw 1tS &es and Reuulations. THE DISiKCr agrees to -provide vntet service ta THE UQOLLpl ILNNEJUTION. area or! a non-discriminatory basis eccotding to policies, r~lcs. and re~larions adopted by THE DISTRICT from time to time. It IS understood that improvements required co supply water service to THE WOOLLEP kXXGX4TION area, rbe manner ia WhicS this water service will br provided, and the ta:cs fur such water service, stall be left to the sole discretion of THE CISTRICT. 3. Acknowledgement of Exclurfve Uatec Service by TtIE UlSTRICT. TEIE CITY acknowledges that THE DISTRICT has bonded indebtedness ia THE WOOLLEn fiVZ4TIOs area, TBE CSn further acknowledges char 1.r has no desire or intention to provide water service to THE KOOLLE? ~XATIO~ ares. Ir. Coosideratioa of Agreement by I.,A.F.C.O. L.A.F.C.0. shall be requested to consider this Agrttmeat as one or the saiiect fsets bearing on their cons%deratlon of TtlE VOOl.LEY ANNEXATION. -2- &li'b"' 'h'L~-lo;'30 FL1 _ @loo7 - 5. Mutual Cocqerafion attd Kellan~.. Zach of the payties to this Agreemtnc exprocs?y sgtees to caopetact ic executing all documents asld taking all steps, cc the earliest pooslble time. which are necessary to consummate afid continue rhe terms of this Agteemeut. Each party uodesstands and acknowledges, that the orhet party to this Agreement is specifically relying upon the enforceability of this Apemarrf and rhe ullllagness of the other party to honor this Agreement in carrying OUT their respective tes?oncibilities ae defined in this Agreement. 6. Attorney’s Fuus. In the event of a dispute relating in any vay to this Agreement, the prevailing party shall be entitled ep reasonable cost’s and actorney’e fees in addition to such other relief afforded by law. 7. Ur2enforceahls Provisions. This Ag:rtment shall be lnrerpretcd, wherever possible, consietont with all applicable lavs and regularidns. To tb4 exrtnt that any :tnn, covenant or condition of this Agreement. as KO Interpreted, is rendered untnfoxcroble, the rematning ptovisfoos shal? be carried irco fcli force and effect.’ e. Effective Date of Agreeacnt. This Agreement is executed and to bc petfomed in the h’orth Ccunty ciudicisl Iliatrkt, County of San Piego, State of California, and nay be executed in couaterpsttt end is cffectlve on March 30, LVtM. CITY 0’: CARLSRXI , 9;L -.J a&- Mary H. Caspr , Mayor , ATTEST : ATTEST : LLlddm- of!. ttLzfi&F -=i&kna/hl* A City Clerk Thelaa W. Miller, Secrerary Board of Directors Date: T- .-37 /y,p{ 1 I / Date: -3- I3 _,.,, .1 -I I... VII IJ,‘UU I%’ fib30 FAX - @OOR -. EXHIBIT A to Resoluticn No . 23; . . 1 AGREEKENT BET!.‘EE?i THE oLfVUI’!fAIN HUNICIPAL MATER DlSTRfCT AND TiiE CITY OF CARLSBAD REGARDING PROPOSD “HP1 REORG~IZATION” (CITY OF CARLSEA;)) (RO64-8) filis ACPE~T is enterad into by and betwee the 3I.T.VRN:iAIN HUSICIPAI, WATER DISTRICT (hereinafter “THE DISTRICT”), a rnnfcipal vacet district orerrrd and operating pursuant to S710DO et creq. of rhe Stati of California Qrter COCC, and the CiiY GF CARLSBAD. a general Isu City (hereinaf:cr “THE CITY"). I, ‘R-&C-I-T-A-LLS 1. TiiE DISTRICT is a mmfcipal vetrr district tbhrlrh provides potable water to a portion of Northern SWI Diega County. A pofcion of THE DISTRICT’s water service jurfsdictioa overlaps terrirory of TBE CUT. 2. There is a proposed annexation to THE CiTY ?Idectificd as: Praposcd “HPI Reorpanfration” (City of Carlsbad) (RO86-8), (hereinafter “HPI REORGANIZATION”). pending before the Local Agency Fo&:ion Comissi~n of San Diego Ccmty (hereinafter “T..A.F.6‘.0.“). 3. ‘She HP1 REORGANiZATIOS proposes tht amcxation of 293 actes of p~apcrty presently in the County of San Dip80 to TRE CITY. The annexation atea is generally located south of La Costa Avenue end vwt of El Camino Real. 4. IKE DISTRICT has gone on recotd 16 apposisg the YPI RSCKGANIZATION. 5. In ccnsidekrien for THE DISTRICT’s agreemat to supper’: the WI .REORG.(\NIZATSON, THE CITY has agreed to enter .inro this Pattr Service Agrement. 6. By executing. this Agr+emcnc, IC fs rhe express intention of the parties chat THE DISTRICT shall be the role supplier of all ware: service to the HP1 RELEtGbSIZATION area so long zs the HP1 RECRCMIZATIOK ares reaains part of chc uater service jurisdzction of THE DISTRICT ct any successor entity. -l- .- \_. . . t . ;,.:-~~:yiu”‘~ric’ is:31 FM, 7. It is the further intention of the par;ies bp executing this Agrecmrnt. to confirm the terms of a Yarch 30, !972 &:‘4=343t betsJ4un IBE - DISTRICT arrd ?HE CITY which assures iHE DISTRICT char vrtlrr service vichin THE DISTNCT’S VE~C~ service ares shall be supplied solely by THE DISiRICT. ’ C-O-V-E-N-A-N-T-S 1. THE DISTRICT to SUPPLY all Water to fl?I KEORGAXIZAfIOP. The porsfes agree chet all vatar outvice fo.; ihe WI REORG&UZZTIOK area shtll be su?plted excXus¶,~cly by THE DISTRICT e-o long as th4 pr’op’osud HP1 REORCANSEATION area rezains part of the vatez service jurl6dfction of TEiE DIS’IBICT or any successor entity. 2. THE DISTRICT to Supply Water Subject to its Rules and RegulationSI TYE DISTRICT zgtees to provide vater service to :ke BP1 REORGAKI2ATION atea oc. a noa4iscrimfnatory basis nccordlng to policies, rules, and regulation; &opted by TBE DISTRICT from timt to ctie. It is ucderstood chat fmprovoaents required to supply water service zo the WI RLORGMIZATION area. the maaner ia vhich this water service will be provided, and the rates for such voter service, shall bt left to the sole discretion of T3E DISTBiCf. 3. hcknovled~ement of Exclcaivc Vatrr ServLcr. by THE DISTaXCT, THE CITY -. acknowledges that THE DISTRICT ha4 box?ed iadebtednass, in the H?I REOPGAXIZA- iION area. THE CITY further ackncvledges thee it has no desire or intetion co pzovide water service to the tiPI REORCAKIZATUN area. s b . . Consideration of AgrcemeTt by L.A.F.C.O. L.A.F.C.C. shell be request&i tc consider’this Agreement as one of the szlie?c facts bearing on rhcfr consideration of the HP1 REQRGP~iZXTIOW. . 5. tktual Cooperation and Reliance. Each of the parties to this h6reemenc expressly agrees to cooperate in executing all doccmonts aad taki::n 811 steps, ae rhe earliest possible tine, which arc necrssary co conscmate and _. . _ . _- 6 . . . -- ‘- . . 01/13iOO TIK' 16:31 FAX,. I . . . . . continue the tcms of this Agrreoeot. i?ach party mde:stands rnd dcknsvledgcs, that the other party to this Agreement is specifically rely$ng opon :he enfcrceabilitp of ‘this Agreeoat and thc.vi~lingncs.6 0:‘ the other pert)- co honor tbls Agreesent Ln carrying O’J~ their rtspocclve rcaponsibilitiks as defined in this Agr~~meat. 6. A~~oL-uc~~s Fees. In rho eveat of P dCs>cta ra1trir.g in soy vay to this cigreestnt, rha prevajlkg party shall be entitled to reosouabla costs end attorney’s fees in addition to such ether relief afforded by lav. 7. Unenf orceablc Provisionq. This AgreeBent shaii be iacrrprcted, wherewe: possible, consistex vith all applicable lavs a>d regulttiocs. To the ex:cnt rbst any tern, covenant ot canditio?: of this Agreement, as so interpreted, 3 rendered uttezforseablt, the retaining ?rovislons shall be carried into full force rod effect. 8. Iffecrivc Date of Agrcrment. Tbis Agreezent’is executed and to be perfomod ir. the North County Jud’icial District, County of San Diego, State of California, and oay be executed tn counterparts and is effective 02 g/12/84 _-* CITY OF CARLSBPS OLlVEIYH.AI!i XUNlCIPAL KATER DISTRICT 5fL&Y%L Yaty H. Ca p er, l5zyor ’ ATTEST: ATTEST : City Clerk Thelma M. Hiller, Secretary Board of Directors I,. Date: Date: Seo:,ember 12, 1986 -3- . . u,,,, A, YV 1 ii* -‘.d’l* . Ul~t:I/uu -l’EL’ 16~32 FAX - -- ? c . . . . . . A G R c E $1 E N T TJJI5 ACREEMCNT is marIe by snd between the CITY OF CARLSBAD [CITY], and OLIVENtiAIJf HUNICIPAL WATER DISTRICT [DJSTRICT] , in view of the following facts. W I T N E S S E T H . 1. There iS a proposed annexation [THE ANNEX- .jTIOS] to CITY, identified as EAST CARLSBAD ANNEXATION 2.12 [ 3 COSTA], pcllding before the Local Agency Formation Cokisrion, San Diego County [CO~VUSSION] ; and 2. A PORTION OF THE ANNEXATION is located within the distribution and retail WATER service’ area of DISTRICT; and ._ 3. DISTRICT has existing ‘WATER pipelines and a distribution system in t>e atea of TNE KU?IEXATION; and 4. By virtue of existing Municipal Water District la\<, DISTRICT has tho latent power to provide sewer service wit!lin the area comprising the DTSCUCT. 5. LA COSTA alld CITY, *he parties to THE ANNEXA- TI3?.‘, desire that TKE ANNEXATION be approved by COMMISSION to allo>J the property involved to be developed as planned as soon ai pcssible and have assured DISTRICT that DISTRICT is to retain the paramount rights to provide water and sewer service vit’nin DISTRICT’S respective WateT service SLXeQ -l- -.‘.’ ;1;,1-3;>&y‘* ;;: 33 FL C Qo12 ‘ s ** 7 - . . c- I , snd sewer service area, as presently constituted and as may be adjusted in the future by approved agreement between PISTRICT and conti&uous SPECIAL DISTRICTS; and 6. T)le parties to this agreement &sire to sett!e any possible conflicts on water service and on sewer service to THE ANNEXATION in relation to primary service areas of DIST PICT; h’OW, THEffiFORE, IT IS AGREED AS FOLLOVS: 7. CITY agrees that water service to THE AHEXA- TION within the DISTRICT wster service arfa, as adjusted from time tb time, at all times now and in ;he future, shall bs srlpplicd by DISTRfCT from the water system facilities of DISYRXC’1; 6. CITY agrees that sewer service to TIIE tiNEXA- TJ(?N within the UISTRIG? latent sewer service area, as adjusted ffcln time to time, at 011 rimes now and in the future, shall be subjccr to priur approval and agreement by DISTRICT; 9. DISTRICT agrses to pravide services on a non- disc:in!inatory basis according to DISTRICT policy, rules and +e@3tions adopted by DISTRICT from tiae to time; LO. Subject to the foregoing exceptions POT water senito and smtt 5ervice, CITY agrees ?o supplp any and all XJiIiCla ‘sal services to TtiE .43XEXATION not ~thewist available; 11. CITY shall not levy any t3x for warer service or facilit<.es or sawer service or facilities of for gsnsrd -2- 01. ,.,.-vu IHIL 18: 33 FL, , : .- !< : 7. - 7 @013 obligation bonds of the CITY reiatilig to water service facilities or sewer service facilities on the property Mit?lin the area served by Bi5TRICT and shall affirmatively exclude such area from all such taxation; 12. The terms of this agre’exent shall be incorporated in THE AYNEXATIQN request and COMMSSIOY Jhall be requested to make the salient terrp.s of.this cgrkement the ccndlitions of approval of T;I” t!;mEXYXTXON by CO?,!h?fSSI CN : 13. Each parry to this agr’eEmerlt ~11~11 take any other nzcesspry a:tion TV carry out this agret,nest. 14. The effective date of this agretmenr is t%RCH 30 , 1972. 11; WTTNESS VHERZOF, each of the parties hereto has caused z h i s qteemelat to be executed by their respective oflFiccrs tlleret:o- fore duly anrhorizcd. CITY Or: CARLSBAD- -SEAL oLI’.%N1d~I;\r EU’?ICI?AL IJATEP. DISTRICT--SEA] hte of ~xecuticn: Dare af F.xecution: ‘ 1972 ) 197; . > . lrs!&A- + City of Carlsbad January 18,200O David C. McCollom, General Manager Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 SUBJECT: RESPONSE TO COMMENTS ON THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT, MITIGATED NEGATIVE DECLARATION Dear David: The City is resbonding to your letter dated January 13,2000, regarding comments you submitted on the subject mitigated negative declaration. Your letter contained several comments which are stated below followed by our response. COMMENT 1: The City’s project would transport recycled water into Olivenhain’s potable system causing over 5,000 households to drink recycled water. This is against State and Federal Laws. Significant health consequences will result, unless a detailed, plan is agreed upon by the City of Carlsbad and the Olivenhain Municipal Water District to integrate recycled water into the existing recycled infrastructure. Adequate changes in the existing potable water system must be made to assure safe segregation of potable and recycled water. RESPONSE: The existing recycled water distribution mains noted above have been designed and installed for the exclusive use of recycled water only. Because recycled water has been unavailable up to this time, provisions were made to temporarily supply potable water into the recycled water distribution mains until recycled water becomes available. These provisions were jointly approved by the City of Carlsbad, the Olivenhain Municipal Water District ,and the County Health Department. The provisions include temporary connections to Olivenhain Municipal Water District’s potable water system at two locations. One connection is located near the intersection of Calle Barcelona and Ranch0 Santa Fe Road and is shown on Drawing 323-8, Sheet 10 of approved plans. At this location a note was placed on the drawings stating the following: 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 438-l 161 l FAX (760) 431-5769 @ 20 “ 6-inch Temporary Potable Water Supply. When reclaimed water is available; remove 6” PVC Pipe and 6” Flg. Gate Valve and MJ X Flg. adapters. Install 6” Blind Flg. @ Each Tee.” This note was placed on the plans so that when the work noted above is done by the Olivenhain Municipal Water District, then the potable water system will no longer be connected to the recycled water distribution pipeline, and no cross connection can occur with this project. The other location is near the intersection of Calle Acervo and Ranch0 Santa Fe Road. See Drawing 342-6, Sheet 2. Again pieces of above ground pipe will be removed and the potable water pipeline will be blind flanged by the Olivenhain Municipal Water District. When this work is done the potable water system will no longer be connected to the recycled water distribution system, and no cross connection can occur with this project. In summary provisions have been made to remove temporary connections to the Olivenhain Municipal Water District’s potable water supply. These temporary connections will be removed prior to the placement of recycled water in the recycled water distribution system. in addition, a cross connection control specialist in concert with the County Health Department will inspect the system and perform cross connection tests prior to placement of recycled water into the recycled water distribution pipelines. Coordination will also occur by the City to have the Olivenhain Municipal Water District perform the needed pipeline and valve removals that involve the temporary connections. With these actions performed no recycled water will enter the Olivenhain Municipal Water District potable water system, and no cross connections will occur. Similar activities have been performed at other locations in the City by the Carlsbad Municipal Water District in coordination with the County Health Department. The City presently has a detailed procedure to follow in these cases and no cross connections have ever occurred. COMMENT NO. 2: Introducing recycled water into Olivenhain’s service area without adequate planning will create a significant environmental impact. RESPONSE: As noted previously, planning for the removal of the temporary connections have been made. The plans were jointly approved by the City, the County Health Department and Olivenhain Municipal Water District having two temporary connections. When recycled water is ready to be delivered, then the temporary connections are to be removed and the Olivenhain Municipal Water District’s potable pipelines blind flanged by the Olivenhain Municipal Water District. In addition, cross connection control specialists will perform cross connection tests prior to the placement of recycled water into the recycled water distribution pipelines. All this work will be coordinated through the County Health Department. Therefore, no impact will occur as a result of this project. 2l COMMENT 3: It will be necessary to determine which agency will maintain and operate the recycled system. It will be necessary to determine how adequate coordination can take place to avoid cross connections and contamination of the potable water system in this area. It will be necessary to develop an emergency response between both agencies to adequately respond to leaks and other emergency failures of the system, as well as to respond to customer needs for service on a day to day basis. It will be necessary to address the service needs of District customers outside the City of Carlsbad, as the present project, as proposed, will eliminate the ability of other customers outside the city limits to receive recycled service in the future. RESPONSE: The City is very willing to discuss which agency will provide operation and maintenance, and perform cross connection control and testing of the Phase II recycled water system with the Olivenhain Municipal Water District. This activity shall be accomplished during the design phase of the project. Similarly, an emergency response plan can be completed during the design phase. The Phase II Project is part of the “City of Carlsbad Water Reclamation Master Plan” adopted by the City Council in March, 1992. The master plan did not include delivery of recycled water outside of the City limits. No comments were submitted by OMWD during the development and approval of this master plan requesting that service be extended to areas outside of the City. The master plan is being implemented in five phases. Phase I is completed and Phase II is scheduled to begin the design phase. In conformance with the master plan, the Phase II project was designed to meet the demand for recycled water only within Carlsbad. This was also described in the authorized BUREC “North San Diego County Area Water Recycling Project”. The Phase II project will not produce enough recycled water to meet additional irrigation demands outside of Carlsbad. In addition, there would be additional expense to extend the system beyond Carlsbad which may result in the project not being cost effective. One concept being pursued is to connect the Phase II project system with the recycled water system being developed by the San Elijo Joint Powers Agency. This would provide an opportunity to obtain any excess supply of recycled water from that agency into Carlsbad, and also any excess water not being used in Carlsbad could be deliver?d to their system. COMMENT 4: The District requests that a 15day extension for the time to respond to the Mitigated Negative Declaration be approved by the Planning Director, Michael J. Holtzmiller. This would allow the City and District staffs to sit down and discuss methods of achieving a Mitigated Negative Declaration of the City’s project to move forward in a timely manner. If an extension cannot be granted, the District believes that the Negative Declaration is inadequate and 22 . - has failed to address a number of significant environmental impacts as numerated above. RESPONSE: The Planning Department received your written comments regarding the proposed Mitigated Negative Declaration on January 13, 2000, which was within the 30 day review and comment period. Since we did receive your comments within the specified time period, the Planning Department did not find it necessary to extend the review and comment period an additional 15 days. It is possible that the intent of your request was to delay the public hearing date where the Mitigated Negative Declaration would be considered by the City Council. The item was initially, tentatively scheduled for consideration by the City Council on January 18,200O. The item has been rescheduled for the January 25, 2000, meeting. Sincerely, Deputy City Engineer 1 2 RESOLUTION NO. 2000-37 3 4 5. 6 A RESOLUTION OF THE CITY OF CARLSBAD CITY COUNCIL, FOR APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR THE ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE II PROJECT, CASE NO. EIA 99-09; CMWD PROJECT NO. 98-301. 7 8 9 WHEREAS, City of Carlsbad, “Developer” and “Owner”, has filed a verified application with the City of Carlsbad regarding property City-wide (“the Property”); and 10 11 WHEREAS, a Negative Declaration was prepared in conjunction with said project; and 12 13 14 15 16 17 18 19 WHEREAS, the City Council did on the 18th of January, 2000, 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, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the City Council considered all factors relating to the Negative Declaration; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 20 1. That the above recitations are true and correct. 21 22 23 24 25 26 27 28 2. That based on the evidence presented at the public hearing, the City of Council hereby approves the Mitigated Negative Declaration according to Exhibit “ND” dated December 10, 1999, and ‘PII” dated December 10, 1999, on file with the City Clerk and made a part hereof, based on the following findings: Findinas: l The City Council has reviewed, analyzed and considered the Mitigated Negative Declaration, the environmental impacts therein identified for this project and any comments thereon prior to APPROVAL of the project. 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 l The Mitigated Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad. l The Mitigated Negative Declaration reflects the independent judgment of the City Council of the City of Carlsbad. l Based on the EIA Part II and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 25th day of January I 2000 by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None Al-TEST: RAINu.wOD, My Clerk (SEAL) KAREN R. KUNDTZ, usistant City Clerk 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1072 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS, FOR APPROVAL OF A LOCAL RESOURCES PROGRAM (LRP) AGREEMENT BETWEEN METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (MWD), SAN DIEGO COUNTY WATER AUTHORITY (SDCWA), AND CARLSBAD MUNICIPAL WATER DISTRLCT (CMWD) FOR ENCINA BASIN WATER RECLAMATION PROGRAM, PHASE I AND PHASE II PROJECTS: CMWD PROJECT NO. 98-301. WHEREAS, in March 1992, the City Council adopted the “City of Carlsbad Water Reclamation Master Plan” which recommended development of the recycled water system in five phases; and WHEREAS, Phase I was initiated in 1992 and completed in 1994 having a capacity of 2050 AF/YR; and WHEREAS, there is now in effect a Joint Participation Agreement between Metropolitan Water District of Southern California (MWD), San Diego County Water Authority (SDCWA), and Carlsbad Municipal Water District (CMWD) dated July 1, 1999 for development and utilization of recycled water which provided for the Encina Basin Water Reclamation Program, Phase I Project to participate in MWD’S Local Resources Program (LRP); and WHEREAS, in 1997, CMWD updated the recycled water program to construct Phase II with a capacity of 2950 AF/YR; and WHEREAS, in September 1998, MWD recommended inclusion of the Phase II project proposal in the LRP for a contribution from MWD that will vary from $210 / AF in 2001 to $lOO/AF beginning in 2010 and terminating in fiscal year 2018-2019; and 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 - WHEREAS, this Agreement calls for combining the Phase I and Phase II projects to obtain the same contribution for each project; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Municipal Water District of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Board of Directors conceptually approve the Local Resources Program (LRP) Agreement. 3. That the Executive Manager and the Secretary are authorized to approve the final Local Resources Program (LRP) Agreement between Metropolitan Water District of Southern California (MWD), San Diego County Water Authority (SDCWA), and Carlsbad Municipal Water District (CMWD) for Encina Basin Water Reclamation Program, Phase I and Phase II Projects; CMWD Project No. 98-301 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 25th day of January I 2000 by the following vote, to wit: AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ATTEST: (SEAL) KAREN R. KUNDTZ, Assistant Secretary