HomeMy WebLinkAbout2005-11-15; City Council; 18350; Agree to Civil Liability Municipal Golf CourseCITY OF CARLSBAD -AGENDA BILL
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TITLE: AUTHORIZE WAIVER OF RIGHT TO PUBLIC HEARING
AND AGREE TO ADMINISTRATIVE CIVIL LIABILITY FOR THE
CARLSBAD MUNICIPAL GOLF COURSE PROJECT,
PROJECT NO. 39721-1
6A
DEPT. HD.
CITY ATTY.
CITY MGR.
AB# 18,350
Construction $ 17,564,149
Buildings $ 11,194,105
Construction misc. $ 5,855,000
Total Estimated Cost $ 43,219,390
MTG. 1 1-1 5-05
DEPT. ENG
RECOMMENDED ACTION:
It is recommended the City Council Adopt Resolution No. authorizing the waiver
of right to a public hearing regarding Compliant for Administrative Civil Liability issued by the
California Regional Water Quality Control Board for the Carlsbad Municipal Golf Course project,
Project No. 39721 -1.
2005-342
ITEM EXPLANATION:
On October 20, 2005 the California Regional Water Quality Control Board (RWQCB) issued
Complaint No. R9-2005-0264 for Administrative Civil Liability against the City of Carlsbad for
violation of Water Code 913376 and State Board Order No. 99-08-DWQ, Municipal Golf Course
WDlD No. 9 37C337203, the “Complaint”, attached as Exhibit 2. The Complaint alleges the City
failed to adequately implement its Storm Water Pollution Prevention Plan (SWPPP) and failed to file
a Notice of Intent (NOI) prior to the commencement of construction activities.
In light of the fact that a Notice of Intent was not filed in a timely manner and the Storm Water
Pollution Prevention Plan was not adequately implemented by the grading contractor to the
RWQCB’s satisfaction, staff is recommending the City waive its right to a public hearing and pay an
amount of $23,900 as offered in the Complaint to resolve the Complaint.
ENVIRONMENTAL REVIEW:
On June 7, 2000, the Planning Commission adopted Resolution No. 4772 certifying the
Environmental Impact Report for the Carlsbad Municipal Golf Course Project finding the project in
compliance with the environmental regulations and policies of the City of Carlsbad.
FISCAL IMPACT:
The Carlsbad Public Financing Authority (CPFA) Board has appropriated funds totaling $43,219,390
for the construction phase of the golf course for grading, construction, buildings, and construction
support contracts. It is recommended that the Complaint amount of $23,900 be paid from the
construction contingency of $1,755,513 previously appropriated and included in the miscellaneous
line item in the following table; therefore, no additional appropriations are required. The grading
contractor has agreed to reimburse the City for one-half of the amount specified in the Complaint.
Current
Budget Activity
Grading $ 8,606,136
I
Page 2
EXHIBITS:
1. Resolution No. 2005-342 authorizing the Waiver Of Rights To Public Hearing And
Agree To Administrative Civil Liability for the Carlsbad Municipal Golf Course Project, Project
NO. 39721-1.
2. Complaint No. R9-2005-0264 for Administrative Civil Liability against the City of Carlsbad for
violation of Water Code 313376 and State Board Order No. 99-08-DWQ, Municipal Golf Course
WDlD No. 9 37C337203.
DEPARTMENT CONTACT: SKIP HAMMANN, (760) 602-2780 X7320, shamm@ci.carlsbad.ca.us
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RESOLUTION NO. 2UX-342
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE WAIVER OF
RIGHTS TO PUBLIC HEARING AND AGREE TO
ADMINISTRATIVE CIVIL LIABILITY FOR THE CARLSBAD
MUNICIPAL GOLF COURSE PROJECT, PROJECT NO. 39721-1.
WHEREAS, in December, 2003, the City Council did approve proceeding with the
development of the Carlsbad Municipal Golf Course Project ("Project"); and
WHEREAS, the City Council has reviewed the Complaint No. R9-2005-0264 for
Administrative Civil Liabilities for the Golf Course construction issued by the California Regional
Water Quality Control Board on October 20, 2005; and
WHEREAS, the City Council accepts the assessment of civil liabilities in the amount of
$23,900 for the Golf Course Construction; and
WHEREAS, funding is provided by the Carlsbad Municipal Golf Course Project fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the City Council does hereby grant the Mayor the authority to approve Waiver
of Right to a Public Hearing regarding Complaint No. R9-2005-0264 for the Carlsbad Municipal
Golf Course Project, Project Nos. 39721-1, copy of which is attached as Exhibit 2 to Agenda Bill
No. 18.350
3. That the City Council does hereby grant the Mayor authority to pay the
assessment of civil liability in the of $23,900 without requiring further City Council action.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 15 th day of November ,2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
ATTEST
(SEAL)
3
California Regional Water Quality Control Bo
San Diego Region
Over 50 Years Serving San Diego, Orange, and Riverside Counties
Redpient of the 2004 Environmental Award for Outstanding Achievanent born USEPA
9174 Sky Park Court, Suite 100, San Diego, California 92123-4340
Alan C. Lloyd, PhD.
Agency Secretary
(858) 467-2952 Pa (858) 571-6972
saadiego
October 20,2005 CERTIFIED MAIL
Mr. Raymond R. Patch
City Manager
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
7003 1680 OOOO 7393 5899
In reply refer to: CAU: 10-3037
Dear Mr. Patchett:
COMPLAINT NO. R9-2005-0264 FOR ADMINISTRATIVE CIVIL LIABILITY
AGAINST CITY OF CARLSBAD FOR VIOLATION OF WATER CODE 6 1337
WID NO. 9 37C337203
STATE BOARD ORDER NO. 99-08-DWQ9 MUNICIPAL GOLF COURSE,
Enclosed find Administrative Civil Liability Complaint No. R9-2005-0264 against the
Carlsbad (City) for the Municipal Golf Course construction site located at 5800 Hidden
Road, WDID No. 9 37C337203. The Complaint in the amount of $23,900 is for violati
Water Code section 13376 and California State Water Resources Control Board (State 1
Order No. 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) Gc
Permit for Storm Water Discharges Associated with Construction Activity (General Per
Be aware that the City of Carlsbad may waive its right to a hearing before the Californii
Regional Water Quality Control Board, San Diego Region (Regional Board). Waiver o
hearing constitutes admission of the validity of the allegation of violations in the Comp
acceptance of the assessment of civil liability in the amount of $23,900 as set forth in tf
Complaint. Please note that any waiver will not be effective until reasonable opportuni
pubIic participation has been provided for pursuant to federal "DES regulations (40 C
Federal Regulations [CFR] Parts 122,123, and 124). In order for the Regional Board tc
the waiver of the City's right to a public hearing, the City must submit the following by
Friday November 18,2005:
1. The enclosed waiver form signed by an authorized agent of the City of Carlsbad
2. A check for the full amount of civil liability of $23,900 made out to the Califorr
Water Resources Control Board.
Waivers submitted after November 18,2005 will not be accepted.
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Raymond R Patchett, City Manager -2-
City of Carlsbad
ACL Complaint No. R9-2005-0264
Octobei
If the City does not elect to waive it right to a public hearing, a hearing is tentatively scl
be held at the Regional Board meeting on December 14,2005 at the Regional Board. A
with procedures for the hearing will be mailed to the City not less than ten days before t
hearing date. The meeting is scheduled to begin at 9 A.M.
If the City of Carlsbad intends to present any written exculpatory evidence, or written e1
mitigation at the hearing in response to Complaint No. R9-2005-0264, it must be receiv
P.M. Tuesday November 29,2005 in order to be considered by the Regional Board at tf
hearing. Please submit twenty (20) copies of any response, inchding evidentiary exhibi
Copies of material submitted will be forwarded to the Regional Board Members prior tc
public hearing.
The Regional Board has established a public comment period to solicit input on the Cor
This includes publishing a notice in the local newspaper. The public comment period fc
Complaint begins October 26,2005 and will end on November 25,2005. If the City do
waive its right to a public hearing by November 18,2005, the written comment period \
extended to November 29,2005. Oral comments can be made during the tentatively scl
December 14,2005 public hearing.
Please contact Frank Melbourn of my staff at (858) 467-2973 or fmelbourn @waterboar(
if you have any questions concerning this matter. The heading portion of this letter incl
Regional Board code number noted after “In reply refer to:” In order to assist us in the
processing of your correspondence please include this code number in the heading or su
portion of all correspondence andmorts to the Regional Board pertaining to this matte
/
JOHN H. ROBERTUS
Executive Officer
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Attachments: 1. ACL Complaint No. R9-2005-0264
2. Waiver of Hearing Form
3. Regional Board Inspection Report, October 14,2005
4. Regional Board Inspection Report, October 18,2005
Copy with Enclosures to: 1. Ellen Blake, US EPA Region IX
2. John Cahill, City of Carlsbad
3. Conrad “Skip” Hammond, City of Carlsbad
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CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN DIEGO REGION
IN THE MATTER OF: 1
CITY OF CARLSBAD 1 FOR
MUNICIPAL GOLF COURSE ) ADMINISTRATIVE CIVIL LIAE
NONCOMPLIANCE WITH WATER CODE ) 0 13376, AND STATE BOARD ORDER
COMPLAINT NO. R9-2005-0
October 20,2005
NO. 99-08-DWQ )
CITY OF CARLSBAD IS HEREBY GIVEN NOTICE THAT:
1. The City of Carlsbad (City) is alleged to have violated provisions of law for which I
California Regional Water Quality Control Board, San Diego Region (Regional Boi
impose civil liability under section 13385 of the Water Code.
2. On September 8,2005, the City of Carlsbad commenced construction activity for a
golf course disturbing 200 acres of the 400-acre site located at 5800 Hidden Valley
Carlsbad, California. On October 14,2005, the Regional Board inspected the site a
informed by the City’s contractor that a Notice of Intent (NO9 had not been filed fc
and that Best Management Practices (BMPs) specified in the Storm Water Pollutior
Prevention Plan (SWPPP) had not been implemented on site. On October 17,2005
of Carlsbad filed a NO1 for the site with the State Water Resources Control Board a
received WDID No. 9 37C337203. The Regional Board conducted a follow-up ins]
the site on October 18,2005 and noted that the site still lacked the necessary BMPs
by the SWPPP to protect the site from discharging pollutants to an unnamed tributa
Aqua Hedionda Creek.
ALLEGATIONS
3. Failure to Implement Storm Water Pollution Prevention Plan
The City failed to implement its SWPPP by failing to implement adequate BMPs at
in violation of California State Water Resources Control Board (State Board) Order
OS-DWQ section C.2 on at least 20 days: October 1,2005 to present (the days of vi
are ongoing).
4. Failure to File Notice of Intent
The City failed to file a NO1 for coverage under State Board Order No. 99-08-DWC
General Permit No. CASOOOOO2, Waste Discharge Requirements for Discharges of
Wafer Runoff Associated with Construction Activity prior to the commencement of
construction activity at the site on September 8,2005 as required by Water Code sel
13376, and Order No. 99-OS-DWQ section C.1. The State Board received a NO1 fo
on October 17,2005,39 days late. The Municipal Golf Course site will continue to
Complaint No. R9-2005-0264
City of Carlsbad
Municipal Golf Course
WDID No. 9 37C337203
2 Octobe
regulated under State Board Order No. 99-OS-DWQ until it's expected completion i
2007.
5. Pursuant to Water Code section 13385, the maximum liability for failure to implem
SWPPP is $10,000 per day of violation. Since the failure to implement the SWPPP
continues, the maximum liability presently is $200,000.
6. Pursuant to Water Code section 13385, the maximum liability for failure to file a N
$10,000 per day of violation. The City failed to file a NO1 for 39 days; therefore th
maximum liability is $390,000.
PROPOSED CIVIL LIABILITY
7. Based on consideration of the factors listed in section 13385 of the Water Code, cih
should be imposed on the City by the Regional Board'in the amount of $20,000 for
violations described in paragraph No. 3; and $3,900 for the violations described in 1
No. 4 resulting in a total liability for all violations of $23,900.
Dated this 20' day of October 2005
%HN H. ROBEXTUS 'b Executive Officer
S:\Compliance AssuranccEnforcemcnt Ordcrs\ACL\city of CarlsbadKoastructim\Golf Couac\R9-2005-0264 ACL Complaint 2
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California Regional Water Quality Control Bo( 1 San Diego Region
Over 50 Years Serving Son Diego, Orange, and Riverside Counties
Redplent of the 2004 EnvlroMlentnl Award for Outstanding Achievement from USEPA
9174 Sky Park Court, Suite 100, Sari Diego. California 92123-4340
htqxJ1 www.wstnboards.ca.gov/sandiego
Alan C. Lloyd, Ph.D.
Secretary for
Environmental
Protection (858) 467-2952 FSX (858) 571-6972
WAIVER
OF RIGHT TO A PUBLIC HEARING
Mr. Raymond R. Patchett
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Complaint No. R9-2005-026
For
Administrative Civil Liabilit
$23,900
WID No. 9 37S337203
Municipal Golf Course Construction Site
By signing below, I agree to waive the City of Carlsbad's right to a public hearing befor
California Regional Water Quality Control Board, San Diego Region with regards to thi
violations alleged in the above referenced Complaint and to remit payment for the civil
imposed. I understand that I am authorized to give up the City of Carlsbad's right to be
and to argue against the allegations made by the Executive Officer in the Complaint, an(
the imposition of, or the amount of, civil liability proposed. I have enclosed a check or
order made payable to the State Water Resources Control Board for the civil liability in
Signature Title Date
Print your name
Send this signed form to:
John H. Robertus, Executive Officer
C/O Compliance Assurance Unit
California Regional Water Quality Control Board - San Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
California Environmental Protection Arency
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FACILITY REPRESENTATiVE(S) PRESENT DURING INSPECTION: Eric Becker ISDRWQCB) Chris Means ISDRWQCB). Prvzvbvsews ki [Heinbuch Qolf I LG)
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SAN DIEGO REG& WATERSHED MANAGEMENT PROGRAM i
Jot
FACILITY INSPECTION REPORT I !
INSPECTION DATE: 1 W14105 Time: 1030 WDID/File No. 937C337203
FACILITY Carlsbad Municipal Golf Course
1 i I
The City of Carlsbad Mr. John Cahill (760) 602-2726
NAME OF OWNER, AGENCY OR PARTY RESPONSIBLE FOR DISCHARGE OWNER CONTACT NAME AND PHONE #
Heinbuch Gdf LLC Mr. John Ptyzybysewski (714) 815-1799 I
FACIUN OR DEVELOPER NAME (ll dllferenl from owner) FACILITY OR DEVELOPER CONTACT NAME AND
5800 Hldden Valley Road Carlrbad, CA 92009 I
FACILITY STREET ADDRESS FACILITY CITY AND STATE 1 I APPLICABLE WATER QUALITY LICENSING REQUIREMENTS
MS4 URBAN RUNOFF REQUIREMENTS NPDES NOS. CAS0108756, CAS0108740 or CAS0106766
X GENERAL PERMIT ORDER NO. gso&DWO, NPDES NO. CAS000002 -CONSTRUCTION GENERAL PERMIT ORDER NO. SQ-O&DWQ NPDES NO. CASOOOOO3 - CALTRANS c] GENERAL OR INDIVIDUAL WASTE DISCHARGE REQUIREMENTS 0 GENERAL OR INDIVIDUAL WAIVER OF WME DISCHARGE REQUIREMENTS SECTION 401 WATER QUALITY CERTIFICATION 0 CWC SECTION 13264
INSPECTION TYPE (Check One)
'A" type compliance--Comprehensive inspection in which samples are taken. (EPA Type S)
"8" type compliance-A routine nonsampiing inspection. (EPA Type C)
Noncompliance fdlow-up--lnspection made to verify correction of a prevlousiy identified violation.
Enforcement follow-up-Inspection made to verify that conditions of an enforcement action are being met.
Complalnt-Inspection made in response to a complaint.
Prerequirement--lnspection made to gather info. relathre to preparing, modifying, or rescinding requirements.
No Exposure Certlficatlon (NEC) - verification that there is no exposure of industrial activities to storm water.
EC
Notice of termination request for industrial facilities or construction sites - verification that the facility or constru io site is not
subject to permit requirements (Type, NOT 1 or NOT C - circle one).
Compliance Assistance Inspection - Outreach inspection due to discharger's request for compliance assistance.
INSPECTiON FINDINGS
r7 i
J- Were violations noted during this inspection? (Xes/~o/~ending Sample Results)
J-
1. COMPLIANCE HISTORY:
0 1st inspection on 10/14/2005
Were samples taken? (N=no) if YES then, G= grab or C= Composite and attach a copy of the sample resultslchainpf custody form
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD-SAN DIEGO REGION Page 2 of 2
FACILITY: Carlsbad Municipal Golf WDlDlFile R: 337203 INSPECTION DATE: ionm5
II.
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FINDINGS:
After an article on the Golf Course appeared in the September 30,2005 Union Tribune, the Executive Officer of the Regional Board requested that Northern Watershed Unit staff conduct an inspection of the subject site.
Prior to the inspection, I searched the State’s Construction Stormwater database, and was unable to determine
If the project had obtained coverage under the Statewide General Construction Stormwater Permit (Order No.
The inspection took place on a Friday prior to a forecasted rain event for the weekend.
Staff met with John P. onsite and he was unable to provide proof of coverage under the State permit. A fax
received later in the day from the Cities consultant (Dudek & Associates) confirmed that coverage under the
permit had not been obtained, and stated that the City would hand deliver a check and NO1 appliuation to
Sacramento on Monday Oct. 17.
Construction had commenced on the Golf Course on September 8,2005. Approximately 200 acres of the 400 acre site have been disturbed by grading activities.
Staff drove around the entire perimeter of the project and observed that only sediment perimeter corltrols (silt fence) were in place. A stormwater management plan on the wall of the trailer showed a series of sediment basins, but Jdhn P. stated that none of the basins had yet to be constructed. A SWPPP had been prepared for the project, but seemed to be fairly generic and not detailed enough for a construction site of this size (400 acres).
The site did not seem ready for the upcoming rain event due to a lack of adequate erosion and sbdiment control BMPs being in place.
99-08-DW Q).
RECOMMENDATIONS AND ADDITIONAL COMMENTS: The City should immediately obtain coverage under Order No. 99-08-DWQ.
A detailed SW PPP should be prepared and implemented immediately which complies with the construction
permit requirements. Additional inspections are warranted to assure that the site comes into compliance with the permlt. This case will be forwarded to the Enforcement Unit for possible further enforcement action.
e Fax from Dudek & Associatesdated 10/14/2005 is attached.
IV. SIGNATURE SECTION
Inspection Report
received by :
FACILITY REPRESENTATIVE TITLE DATE
10/14/2005
STAFF INSPECTOR SIGNATURE INSPECTION DATE
received by :
FACILITY REPRESENTATIVE SIGNATURE TITLE DATE
10/14/2005
STAFF INSPECTOR SIGNATURE INSPECTION DATE
VI. (For internal use ply) r\
Reviewed by Supervisor: V Date /o-/ 9 -5
cc:
Inter-office Referral: 1) 2) 3) 4) 5) s: north watershed unltlformslinspection form.doc (m. 1 l/ZUOO)
18/14/2085 14: 37 7607444570
City of Carlsbad Field Office
Rancho Sente Fe Road Project
1645 S. Rancho Santa Fe Road, #202
San Marcos, CA 92078
(760) 744-457 FAX (760) 744-4570
TO:
CA Regional Water Quality Control Board-SD Region
9179 Sky Park Court, Suite 100
San Diego, CA 92123-4340
FAX: 858-571 -6972
CITYOFCARLSBAL PAGE 01/82
WE ARE SENDING YOU Attached 0 Under separate cov
0 Shop Drawlngs 0 Prints 0 Plans 0 Sampl
0 Copy of letter Change Order
Dated
..! -* .,*p-
\.I , 7 THESE ARE TRANSMITTED AS CHECKED BELOW: , i -3' 'T"
0 For approval 0 c] For your use 0 0 As requested D For review and comment 0 For your action 0
REMARKS Hello Chris,
For checking 0 copies for approval
Approved as submitted 0
Returned for corrections
Approved as noted 0
.+ c b _1 ~..
Please see the attached ernall I sent to you that came back u
Thank you,
Deb
OCT-14-2005 15: 38 7607444570 > )I P. 01
PA$t-, y'L/u2 - -0- CITYOFCARLSBAP 18/14/2085 14: 37 7607444570
UI . . _*I -.--- ------ Deb Maher
From: Deb Maher
Sent:
To: 'meant@ rb9.swrcb.ca.goV
Cc:
Subject: City of Carlsbad Municipal Golf Course Project
Friday, October 14,2005 250 PM
George Litzinger; 'Skip Hammann'; 'John Cahill'; John Przybysze
Don Moore
This is an email from George Litzinger, Dudek ti Associates, Inc.
Chris,
I'm the Construction Manager lor the Golf Course Project, working with Sklp Prrybyszewski at the site this morning and consequently I wasn't Ihere.
There was a question regarding a waste discharge permit and NO1 for the Pr Construction Specification is 937531 801 7. However, after further investigati
lor the Aviara Park Project. The city is in the process of filling out the "Notice plan to hand deliver the check to Sacramento on Monday so we can get our
meantime, we will continue to install and implement our BMPs for this week
Please contact me on my Cell phone 619-980-7048 if you have any question
Thank you,
George Litzinger
rently, you met John
~f' my),, paying the fees, and
F I? 3Wn as possible. In the
Deb Maher Dudek 81 Assoclstes, Inc. CM Division Field Office: 760-744-4578
Nextel: 760-802-4 71 7
1011 4/2005
OCT-14-2005 15:38 7607444570
r.
97:: 12 P.02
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SAN DlEGO REGION
WATERSHED MANAGEMENT PROGRAM
FACILITY INSPECTION REPORT
INSPECTION DATE: 10/18/05 Time: 1330 WDID/File No. 937C337203
FACILITY: Carlsbad Municipal Golf Course
FACILITY REPRESENTATIVE(S) PRESENT DURING INSPECTION: Eric Becker (SDRWQCB) Frank Melbourn (SDRWWB). John Prvzvbvsews ki (Heinbuch Golf LLC) Conrad Harnrnond IC itv of Carlsbadl
The City of Carlsbad Mr. John Cahiil (760) 602-2726
Heinbuch (3oif LLC
NAME OF OWNER, AGENCY OR PARTY RESPONSIBLE FOR DISCHARGE OWNER CONTACT NAME AND PHONE t
Mr. John Ptyzybys ewski (714) 815-1799
Carlsbad, CA 92009
FACIUTY OR DEVELOPER NAME (H dlLM Worn owner) FACILITY OR DEVELOPER CONTACT NAME AND PHONE C
5800 Hidden Valley Road
FACILITY STRER ADDRESS FACILITY CITY AND STATE
APPLICABLE WATER QUALITY LICENSING REQUIREMENTS 0 MS4 URBAN RUNOFF REQUIREMENTS NPDES NOS. CAS0108756, CAS0106740 or CA!30108706 X GENERAL PERMIT ORDER NO. 99Q&DW9, NPDES NO. CASOoooO2 - CONSTRUCTION 0 GENERAL PERMIT ORDER NO. Ssos-DWQ, NPDES NO. CAS000003 - CALTRANS '0 GENERAL OR INDIVIDUAL WASTE DISCHARGE REQUIREMEMS 0 GENERAL OR INDIVIDUAL WAIVER OF WASTE DISCHARGE REPUIREMENTS 0 SECTION 401 WATER QUAUN CERTIFICATION 0 CWC SECTION 13264
INSPECTION TYPE (Check One)
"A*type compliance-Cornprehenshre inspection in which samples are taken. (EPA Type S)
"6" type compliance--A routine nonsampling inspection. (EPA Type C)
Noncomplience follow-up-inspection made to krify correction of a previously identified violation.
Enforcement follow-upinspection made to verify that conditions of an enforcement action are being met.
Complaint--Inspection made in response to a complaint.
Pie-requirement-Inspection made to gather info. relative to preparing, modifying, or rescinding requirements.
No Exposure Certification (NEC) - verification that there is no exposure of industrial acthritles to storm water.
Notice of termination request for industrial facilities or construction sites - veriticatkn that the facility or construction site is not subject to permit requirements (Type, NOT I or NOT C - clmle one).
Compliance Assistance Inspection - Outreach inspection due to discharger's request for compliance assistance.
INSPECTION FINDINGS
J-
J-
Were violations noted during this inspection? Hes&Jmending Sample Results)
Were samples taken? (N=no) if YES then, G= grab or C= Composite and attach a copy of the sample resulWchain of custody form
1. COMPLIANCE HISTORY: 1st inspection on 10/14/2005
\3
FACILITY: Carlsbad Municipal Golf
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD-SAN DIEGO REGION Page 2 of 2
WDlDlFlle t: 337203 INSPECTION DATE: 1 On8105
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FINDINGS: Approximately 200 acres of the site have been mass graded. (Photo 1)
Observed uncovered areas throughout the project without adequate BMPs and evidence of sediment discharges onto College Avenue (Photo 2).
Site lacks any erosion control BMPs including uncovered, exterior slopes throughout the project (Photos 2-4).
City or Carlsbad and construction management personnel indicated that sediment basinshaps had been installed at the.site. However during the inspection, the location and drainage areas of these sediment basinsAraps was not clearly evident. Plastic spillways had been installed at some locations (Photo 5).
The site appeared to be relying on silt fence as the main sediment control BMP. The silt fence was installed
incorrectly on most of the site perimeter and not trenched into the ground, making it susceptible to undermining
(Photo 6). City of Carlsbad personnel indicated that their grading contractor has had difficulty implementing the erosion and sediment control BMPs. The City has recently requested its environmental consultant Dudek & Associates to assist the grading contractor in proper BMP implementation.
Site lacks effective combination of erosion and sediment control BMPs.
Ill. RECOMMENDATIONS AND ADDITIONAL COMMENTS:
The site needs to implement sediment and erosion control BMPs on the site to prevent the additional discharges of sediment.
Silt fence installation needs to be corrected. Use of sediment basins should meet the sizing requirements of the General Construction Permit and drainage areas to the basins should be clearly defined.
The SWPPP needs to be amended to address the deficiencies noted and additional BMP requirements.
IV. SIGNATURE SECTION
Inspection Reporl received by :
FACILITY REPRESENTATIVE SIGNATURE TITLE DATE
1 0/18/2005
INSPECTION DATE
Eric Becker
STAFF INSPECTOR SIGNATURE
VI. (For internal use only)
Reviewed by Supervisor- I*& Date /a e 2-b- 05
cc:
Inter-office Referral: 1) 2) 3) 4) 5) a: north watershed uniVformdinspection form.doc (vrs. 11/22/00)
Construction Storm Water Inspection- 10/18/05
Carlsbad Municipal Golf Course, WID# 937C337203
Carlsbad, San Diego County
Photo 1
Photo 2
Example of Inadequate BMPs & Evidence of Sediment Dischag
(Facing East on College) ;es Under Silt Fence
Construction Storm Water Inspection- 1011 8/05
Carlsbad Municipal Golf Course, WID# 937C337203
Photo 3
Example No Emsion Control on Exterior Slopes (Facing Northeast on College Ave)
Photo 4
Uncovered Slopes On Palomar Airport Road (Facing East)
Construction Storm Water Inspection- 10/18/05
Carlsbad Municipal Golf Course, WDLD# 937C337203
Carlsbad, San Diego County
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Photo 5
Plastic Suillwav For Sediment Trau (Facing Southeast)
Photo 6
Example of Incorrect Silt Fence Installation (Not Trenched In)
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