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2009-12-22; City Council; 20084 part 2; 2005-2010 Housing Element General Plan Amendment
12/10/2009 EXHIBIT SBiii CITY OF CARLSBAD 2005-2010 HOUSING ELEMENT HOUSING COMMISSION MEETING Tonight's Presentation Introduction Project and meeting information Staff recommendation Housing Commission action and what it means Public input Housing Element 101 State mandates Basics, purpose and process New state laws Tonight's Presentation Proposed Housing Element Contents Program Highlights Adequate sites ("RHNA") Other programs No Housing Element: Ramifications Review Schedule Staff Available i Debbie Fountain, Housing and Redevelopment Director n Veronica Tarn, Veronica Tarn and Associates (Housing Element Consultant) :.: Scott Donnell, Senior Planner (760)602-4618 sdonn@ci.carlsbad.ca.us 12/10/2009 2005-2010 Housing Element Introduction Project Information 2005-2010 Draft Housing Element (Dec '08) •" HCD letter of compliance Both documents on the City's website: Department Listing > Planning Home Page > Special Notice Copies of this presentation in foyer Meeting Information The Housing Element is part of the General Plan The Housing Element update needs a General Plan Amendment : Meeting Purpose Receive staff presentation Consider public comments on the proposed update Consider making a recommendation on the update Staff Recommendation Recommend approval of Housing Element update (General Plan Amendment) :, Recommendation will be forwarded to Planning Commission and City Council City Council makes final decision 12/10/2009 Action by the Housing Commission : Action taken by the Commission: Is a recommendation only Will not approve: The Housing Element Any land use changes or programs The City Council approves the Housing Element Separate approvals are needed to implement many programs Public Comment a Public comments welcome tonight Extensive noticing to publicize meeting Speakers slips not needed Public Comment (cont'd) Further public comment opportunities Planning Commission public hearing City Council public hearing Future meetings noticed Notice sign-up sheet 2005-2010 Housing Element Housing Element 101 12/10/2009 State Mandates The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farm-workers, is a priority of the highest order. Government Code 65580(a) - emphasis added State Mandates Local and state governments have a responsibility to...facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. Government Code 65580(d) - emphasis added Housing Element Overview - Basics The Housing Element is part of the General Plan State law requires updated housing elements every 5 years Applies to general law and charter cities State review is required (HCD) Self-certification pilot program Housing Element Overview - Basics Current housing cycle is for 2005-2010 Previous cycle: 1 999-2005 Cycles differ throughout the State Public hearings are required for Housing Element adoption 12/10/2009 Housing Element Overview - Purpose :• The Housing Element: Provides an assessment of both current and future housing needs Identifies constraints and opportunities for meeting those needs Establishes a comprehensive strategy that establishes goals, policies, and programs Recognizes changes needed based on new housing law Housing Element Overview - Process L Identify regional housing need "RHNA" (State/SANDAG) ' Conduct workshops & meetings ....; Prepare draft Housing Element(s) Revise per new state laws HCD review(s) Public meetings to review and adopt HCD certification Housing Element Overview - New taws New State housing law highlights: Provide reasonable accommodations policy (SB 520) Maintain Minimum densities (AB 2292) Analyze housing needs for extremely low-income households (AB 2634) Identify sites for supportive housing'and single room occupancies (SB 2) Permit emergency shelters (SB 2) •vti Housing Element Overview — New taws New State housing law highlights: Effective and timely implementation of housing elements (AB 1 233) Alignment of Housing Element and Regional Transportation Plan updates (SB 375) Provide adequate sites to meet RHNA/detailed inventory (AB2348) 12/10/2009 2005-2010 Housing Element Proposed Housing Element Contents Six sections: Introduction Housing Needs Assessment Resources Available Constraints and Mitigating Opportunities Review of 1999 Housing Element Housing Plan (Programs) Appendices Programs Most previous Housing Element programs carried forward: Kept: Program 2.5: Encourage mixed use development , Program 3.6a: Continue inclusionary requirements Deleted: Program 4.1: Housing Impact Fee New programs proposed to comply with state law Significant effort to address RHNA (AB 2348) RHNA The Regional Housing Needs Allocation (RHNA) is based on growth projections City of Carlsbad's RHNA is 8,376 units (2003-10): Very Low Income: 1,922 units (23.0%) Low Income: 1,460 units (17.4%) Moderate Income: 1,583 units (18.9%) Above Moderate Income: 3,41 1 units (40.7%) 6 5 12/10/2009 RHNA The City must provide land, not units, to meet RHNA Inventory of all residential land if* Progress in Meeting RHNA Carlsbad continues to make great strides in housing Since 2003: 890 lower income units built 370 moderate income units built Despite progress, still need to accommodate 3,500+ lower and moderate income units Based on current General Plan/zoning, the City does not have adequate sites The General Plan Land Use Map OS = Open Space V = Village area RLM = Residential H = High school TC = RR & Hwy Proposal to Meet RHNA Count underutilized properties New programs: Increase minimum densities Identify sites for higher densities Develop standards for mixed use These programs will require substantial review Private proposals also help 7 12/10/2009 Proposed Program 2.1 Site Quarry Creek Village Barrio Shopping centers Ponto Proposed Change Increase density Increase minimum density Increase densities/allow mixed use Allow mixed use Implement Vision Plan # Units 500 875 330 377 160 ^rogram 2.1 (cont'd) Designation/Site RMH RH Village Mixed Use Barrio Current Density 8 15 15 -- 4,8 Proposed Density 12 20 18 and 28 20 12,28 ic'SS Developer Efforts Toward RHNA Project Bridges @ Aviara La Costa Town Square Robertson Ranch # Units 65 135 465 Status Proposed Proposed Existing Program 2.1 Sites " 12/10/2009 Issues and Policy Responses Above Sites Residential Sites Mixed Use Sites Recent projectswith affordable units Second Units Total RHNA Remaining Difference Lower Income 1,579 1,339 16 80 3,014 2,395 +619 Moderate ModerateIncome Income 569 1,675 0 0 a 0 0 577 1,675 1,171 -594 +1,675 Total 3,823 1,339 24 80 5,266 3,566 + 1,700 c ••<»> )ther Proposed Programs Program 3.4 3.11 3.14 3.17 Description Create 70 units of non-inclusionary, affordable housing Develop reasonable accommodation policy for persons with disabilities Permit emergency shelters in industrial zones Conditionally permit managed living units in the Village teM 2005-2010 Housing Element No Housing Element: Ramifications Ramifications : If the Housing Element is not certified: General Plan can be deemed inadequate Development can be stopped No rebuttable presumption of validity Lost funding opportunities Discretionary funding programs tied to certification Transportation funds administered by SANDAG Funds administered by HCD Ineligible for 8 year housing cycle (next cycle) 12/10/2009 2005-2010 Housing Element Review Schedule Review Schedule Early 2009: Circulate environmental document Hold adoption hearings at Planning Commission and City Council Spring 2009: Obtain "certification" of the Element by the State (90-days) •.•:• 2009- 2010: Hold additional hearings to carry out programs Staff Recommendation Recommend approval of Housing Element update (General Plan Amendment) Recommendation will be forwarded to Planning Commission and City Council ^ City Council makes final decision CITY OF CARLSBAD 2005-2010 HOUSING ELEMENT HOUSING COMMISSION MEETING 10 EXHIBIT 6 McMillin Land Development A Corky McMillin Company December 1,2009 Chairman Montgomery Members of the Carlsbad Planning Commission City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Carlsbad General Plan Housing Element Dear Chairman Montgomery and Members of the Planning Commission: As the City (and much of the San Diego region) approaches build-out, an increased level of discussion over how to utilize remaining developable properties is not surprising, and those discussions will likely add complexity to the decisions that you will make as Planning Commissioners. For that reason, I greatly admire your thoughtful deliberation on the Housing Element at your November 18 meeting. At that meeting, I intentionally did not prepare a presentation for the Quarry Creek/Buena Vista Creek Valley project inasmuch as I felt that such a presentation was premature since the project was not before the Commission. However, it is clear from comments made at that hearing that, until the plans for Quarry Creek are presented, misperceptions about Quarry Creek, including how City, community and property owner interests will be met, may continue. As you may be aware, we have already spent several years meeting with special interest groups in order to integrate their interests into the myriad of other community interests, as well as the goals and requirements imposed by the City of Carlsbad and other local, State and Federal agencies regulating this property, and yet still create an economically viable project. These meetings have been positive and productive, and I am confident that we will find the appropriate balance between conservation and residential use at Quarry Creek. Our goal for Quarry Creek remains straightforward—to achieve a balance between conservation and residential use and thereby address each of the following interests: • Implementation of the City's recently adopted (2004) Habitat Management Plan which designates both urban level development and conservation and protection of important natural resources on the Quarry Creek property. • Implementation of the City's Housing Element goals by providing housing opportunities at Quarry Creek. • Protection and enhancement of the El Salto Falls, the Buena Vista Creek and the other important sensitive natural and historical resources on the property. • Careful treatment of "edge conditions" where residential areas and open space uses transition. • Establishment of community recreation areas, including trails, overlooks and a possible location for an interpretive/Native American heritage center. Ail AV At At AtMcMillin Rtahy McMillin Mortgage- McMillin Land Development MrMiUinHoinrs McMillin Commercial Mailing Address: RO. Box 85104 • San Diego, CA 92186-5104 2750 Womblc Road • San Diego, CA 92106 TEL (619) 477-4117 • FAX (619) 336-3119 www.mcmillin.coni • Complete soils remediation of the site. In addition, we continue to work directly with Preserve Calavera, the San Luis Rey Band of Mission Indians, and the Resource Agencies to specifically address the following concerns that have been raised: • Design parameters for the bridge crossing of the Buena Vista Creek. • Methods to reduce the visual impact from the crib wall on the adjacent shopping center project. • A possible location for a Native American Heritage center and incorporating methods to mitigate any potential impacts to Native American archaeological resources. • An increase in the amount of open space protection (i.e. beyond what was established for the property under the HMP). While it may seem somewhat counterintuitive, all of these goals can be accomplished notwithstanding an increase in the density on the property, since increasing the density at Quarry Creek does not increase the development footprint, nor does it necessarily increase potential development impacts. We fully understand Quarry Creek's importance in the community and to the City of Carlsbad. And while the process to gain consensus among the many interests is complex and time intensive, our many meetings and discussions to date have been productive and I am optimistic that we can successfully achieve the balance that all seek on this unique property. McMillin's track record of finding solutions on other equally complex projects, including major projects in Carlsbad involving many of the same individuals, should give you confidence that we will be successful achieving the appropriate balance on Quarry Creek/Buena Vista Creek Valley. Thank you. Sincerely, Brian J. Milich Senior Vice President Mayor and City Council Lisa Hildabrand Sandy Holder Don Neu "•••}' EXHIBIT 7A Mr. Christer Westman November 18, 2009 City of Carlsbad Planning 1635 Faraday Avenue Carlsbad, CA 92008 Regarding the proposed Bridges at Aviara The residents of Serenata paid a premium price for their single family homes to reside in a quiet tranquil environment near or fronting on the Aviara Four Seasons Golf Course. While there are multi family developments in the area they have been carefully developed to respect the overall area environment. In contrast the Bridges project will transform the Ambrosia area to a busy congested commercial and multi family area which would be intrusive and destructive to the current quiet single family environment. The additional traffic from the obtrusive Bridges plan will exacerbate the current heavy congestion resulting from the drop-off and pickup of Aviara Oaks students at the beginning and termination of the school day. In addition the multi family development which would be viewed from Ambrosia is particularly obtrusive and offensive to the architectural character of the area. The Bridges project requiring rezoning appears to have been conceived without regard or consideration for the area environment and its residents. We respectfully request that the plan and rezoning be reconsidered to respect the current environment and its residents. Peter and Katherine Nikias 1675 Calliandra Road Carlsbad CA 92011 Tel: 7604769059 Fax: 760 476 0314 EXHIBIT 7B • •• : "Hanson November 17, 2009 HEIDELBERGCEMENTGI-OUP Hanson Aggregates Carlsbad Operations Members of the Planning Commission 3701 Haymar Drive Attn: Scott Donnell, Senior Planner City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Regarding: Housing Element Public Hearing I prepared this letter as I can not attend the November 18 hearing scheduled to discuss the Housing Element of the City of Carlsbad. I attended a past hearing in order to clarify several points related to property identified in the proposed Housing Element, which currently is owned by Hanson Aggregates and is in the early stages of site reclamation. As I have explained in the past, Hanson does not have a position about designation of this property relative to the city's Housing Element, as Hanson will not be involved in post- reclamation development of the site. Also, as reiterated in the past, reclamation is being conducted to leave the property in a physical state that is consistent with the general plan and zoning designations of the cities with jurisdiction over those sites. Any future use of the property will depend on the plans submitted by the property owner and subject to permitting requirements. In light of some of the recent questions and comments, I prepared these comments about the remediation program: o Several aspects of the property are under the jurisdiction and rely on the expertise of specific agencies. In the case of the remediation of soils and groundwater from leakage of fuel storage tanks, all those activities have been managed by the county's Department of Environmental Health and the Regional Water Quality Control Board since discovery of the leakage in 1997. Those agencies set the parameters for the remediation program and will establish standards to be achieved for closure of the project. o The background, monitoring results, authorizing documentation and other details of that regulatory management are public information and can be found on the Geotracker system of the state Regional Water Quality Control Board (http://geotracker.swrcb.ca.gov/). A review of that information shows steady improvement in the levels of fuel impacts, and direction to completion of the project. For example that documentation reports: • Of the soils being monitored and subject to agency direction, 16,000 cubic yards now show no reported concentrations of chemicals of concern and so may be used on the site without restrictions. • The remaining 13,500 cubic yards continue to exhibit some low concentrations of chemicals of concern. Anticipating the start of reclamation, procedures have been identified to either allow that soil to be used subject to the strict provisions of Order R9- 2003-0342 or removed to an approved disposal location. If the soil is allowed to be used on site, agencies will impose requirements such as specified separation from groundwater, placement at least 100 feet from the nearest surface water and protection against 100-year peak stream flows. The soil would not be allowed to be placed under City of Carlsbad Planning Commission - Housing Element- 11-17-09 - 2 residential properties and if used on site would need to meet agency specifications for placement. Any use of these materials in site grading will be included in details provided to the City of Carlsbad in conjunction with grading permit procedures. • Installation of the groundwater remediation system was completed in August 2006. The system has been in full operation for approximately 450 days during that time and has delivered more than 900 pounds of ozone into the saturated zone. By removing the fuel source soils and conducting the ozone sparging, there has been a significant reduction in the mass of chemicals of concern in the saturated zone. • In early 2009 a screening-level human-health risk assessment showed no significant human health risk from the current level of groundwater concentrations of benzene and MTBE to people on the surface. As is common in conducting human health risk assessments, hypothetical land use "scenarios" are employed to help determine levels of potential future risk. A residential scenario was used for the screening process since it is the most conservative (protective) risk assessment assumption. This human health information will be incorporated into the fuel remediation closure plan. • Buena Vista Creek was sampled in 2008, and laboratory results included in the July 21, 2009 report to the Regional Board indicate no release of hydrocarbons to the Creek related to site groundwater. To be clear, before the site can be used for other purposes, a formal Corrective Action Plan (CAP) with human-health risk assessment must be submitted to and approved by the agencies. The CAP will present results of the interim remedial measures to date, including the source area excavation, groundwater remediation, and stockpiled soil characterization and re-use decisions. This final remedial strategy for the site will be implemented when the current pilot study phase is completed. As documented on Geotracker, Regional Water Quality Control Board officials recently have extended the periods for monitoring reports as those results have demonstrated significant decreases in fuel impacts and stability. Thank you for your interest in our site. We appreciate the time and effort you made to become informed on the facts about the successful program we have conducted to remediate fuel impacts using passive technologies. Sincerely, Bill Berger Vice President Operations - Retired Land Use Management Consultant 925-785-0056 EXHIBIT 7C November 14, 2009 TO: Planning Commission, City of Carlsbad FR: Russ Cunningham, 405 South Myers Street #3, Oceanside CA 92054 RE: Housing Element Recommendations for the Quarry Creek Site I am an Oceanside resident who believes there is much to envy about Carlsbad, a city that has generally managed its land resources with appropriate caution and foresight. However, I am writing to express my concern that Carlsbad is exercising neither caution nor foresight in contemplating the placement of high-density housing at Quarry Creek, where Buena Vista Creek, El Salto Falls and one of the region's last remaining wildlife corridors are already over-stressed and endangered by urbanization. In support of my argument against development at Quarry Creek, I offer the following three points: 1) The Quarry Creek location has virtually nothing to recommend it as a Smart Growth Opportunity Area, making its placement on SANDAG's Smart Growth Concept Map a mystery to those of us who understand Smart Growth to be development that reduces automobile trips, conserves open space and makes efficient use of existing infrastructure. It's difficult to see how the placement of high-density housing at this location will achieve any of these outcomes. Indeed, it's likely such development will have the opposite effect - pouring even more vehicles onto already failing roadways, compromising one of the last vestiges of open space and wildlife habitat in coastal North County, and occasioning the inefficient extension of water utilities and other public services. The site's proximity to Highway 78 notwithstanding, development at Quarry Creek does not reflect the nexus of land use and transportation planning that is the basis of Smart Growth. 2) One of the most distinctive and appealing aspects of the built environment in coastal North County, and one of the principal contributors to the region's cachet and quality-of-life, is the extent to which each of the region's five cities is set apart from its neighbors by the presence of natural watersheds. The lagoons of Buena Vista, Agua Hedionda, Batiquitos and San Elijo, as well as the streams that flow into them, serve as organic demarcations that allow each locality to evolve in its own way, such that there is little mistaking the difference between, for instance, the snug feel of Leucadia and the open, panoramic ambiance of Ponto. When development is allowed to encroach into these boundary zones, North County becomes more and more like the amorphous coastal areas to the north, where one jurisdiction sprawls into the next, eroding both its own identity and that of its neighbors. Development at Quarry Creek would further meld Carlsbad and Oceanside, much to the detriment of both cities. 3) There are those who believe that Carlsbad has made a systematic effort to place high-intensity land uses in locations where the bulk of their adverse impacts will be felt outside the City's boundaries (e.g. Plaza Camino Real). Whether or not this is a fair assumption, it will only be reinforced by development of the Quarry Creek site. Carlsbad can demonstrate its commitment to sound and equitable regional planning by ensuring that high- intensity land uses are fully integrated into its own fabric and sufficiently buffered from other jurisdictions. This would mean directing future high-density housing toward Carlsbad's core areas - e.g. Carlsbad Village and the Palomar Airport Road corridor. To meet its RHNA requirements, the cities of North County should encourage high-density housing in already urbanized areas - especially those that include transit stations, employment centers and neighborhood-serving commercial uses. To further address regional housing needs, these cities should promote ancillary dwelling units in single-family neighborhoods and other retrofitting strategies that link the provision of housing to the efficient use of land. With such alternatives in mind, I encourage the City of Carlsbad to demonstrate a more sensitive and creative approach to meeting its housing needs than that evidenced by the short-sighted proposal to develop the Quarry Creek site. Sincerely, Russ Cunningham (760) 805-5992 EXHIBIT 7D Scott Donnell From: kasey [kcinciarelli@roadrunner.com] ?nt: Wednesday, November 18, 2009 2:09 PM 10: Scott Donnell Subject: Fw: Scott Donnel - Housing Element Comments Attachments: P1020234.jpg; 001.jpg — Original Message — From: kasey To: planning@carlsbadca.gov Sent: Wednesday, November 18, 2009 11:48 AM Subject: Scott Donnel - Housing Element Comments To: Planning Commission, re: Adoption of Housing Element (HE) 1 will probably not make tonights hearing on adoption of the Housing Element. Please give these written comments and printed pictures to the Planning Commission. There are many reasons why this HE should not be approved, most of which center around the inappropriate handling and inclusion of the Quarry Creek Site. 1) The revised draft amended reclamation plan is out but has not been finalized. 2 The site cannot possibly be decontaminated by the end of this housing element cycle - July 2010, so it is inappropriate to include it in this HE. 3) The city allowed many developments to build below the zoning densities, creating large numbers in the Excess Dwelling Unit Bank, (near 7,000) This resulted in the state saying they have not built their fair share of low/moderate income housing. When they build elow density more low/moderate income housing should have gone into the developments. To now "cluster" it all in this ^r\e valley (that happens to appear like it is in O'side' is just not right.) In this case what is right for Carlsbad is to not screw their neighbor. 4) This Valley is not zoned for the amount of housing staff has included in the plan. 5) Carlsbad has a good inclusionary housing plan - in fact award winning. Clustering so many low/moderate incomes home in this valley is not in keeping with policy. These units need to be equally distributed accross the entire city. The council clearly does not "get this" as they just disallowed a low income apartment building as part of the La Costa Town Square Plan. This area is in the "drop zone" for emergency services. I know I live up the hill, a call for an ambulance/fire is usually responded to by Oceanside or Vista. IT is not fair to burden these less affluent cities with overambitious, unplanned development. Oceanside has twice the population and half the revenue to run their city. Traffic is a real problem on College right now, due in part to the cities snobbery in closing Mira Monte - a thru street to Carlsbad - that was planned for ten years. Because a few people who live in Calavera Hills said their children need the street "to play in". Rediculous. Oceanside is the largest marine corp base in the nation, it should be treated respectfully. Carlsbad needs to locate additional housing in areas that can be services by it's own police and fire. There is not adequate ingress and egress within our city boundaries to accomodate this development. We need a large repository for our native wildlife including threatened and endangered species, and the city has failed to acquire a single parcel of land. To say in the HE that they are going to allow 550 dwelling units in the Buena Vista Valley makes the land more expensive to purchase for conservation. The attached pictures, on a 2 acre site that Preserve Calavera recieved a grant to restore shows the potential for habitat restoration. This shows the same field today, and just ONE year ago. This shown land is directly adjacent to Hansen's Quarry Creek property. Habitat restoration has become an art and I have confidence that the entire parcel could be made into a hallmark open space area. Quarry Creek may never be decontaminated to the point where people should live there, but it can be reclaimed and restored to provide recreation and conservation land. Carlsbad has not set aside enough land to meet the needs of both conservation and recreation. They are on a collision course, as noted in the Calavera Area. This is setting up conflicts among agencies, the city, developers and the public. Preserving this land and opening it up to appropriate uses would go a long way to reduce the number of conflicts. I urge you to reject the housing element until city staff property locates the needed low/moderate income housing throughout the city, or the stable of attorney's that work for us at the city fights the state on the numbers they are being asked to accomodate. kasey cinciarelli Lyons Ct. Carlsbad, CA 92010 S, - m . -..- I • i i -••• " * - CALIFORNIA INDIAN LEGAL SERVICES'* Escondido Office 609 South Escondido Boulevard, Escondido, CA 92025 y Phone 760/746-8941 y Fax 760/746-1815 www.calindian.org y contactClLS@calindian.org EUREKA Mark A. Vezzola, Staff Attorney BISHOP ESCONDIDO 760/746-8941, Ext. 121 SACRAMENTO mvezzola@calindian.org SENT VIA E-MAIL TO SCOTT.DONNELL@CARLSBADCA.GOV November 10, 2009 Scott Donnell City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Re: GPA 03-02 - 2005-2010 General Plan Housing Element (Revised) Dear Mr. Donnell: These comments are submitted by California Indian Legal Services on behalf of the San Luis Rey Band of Luiseno Mission Indians ("San Luis Rey Band" or "Tribe"), regarding the construction of the proposed Housing Element. The San Luis Rey Band is a San Diego County Tribe whose traditional territory includes the current cities of Oceanside, Carlsbad, Vista, Escondido and Bonsall, among others. The San Luis Rey Band is concerned about the preservation and protection of cultural, archaeological and historical sites within the area affected by the proposed Housing Element. The San Luis Rey Band is concerned about the protection of unique and irreplaceable cultural resources and sacred sites which may be damaged or destroyed by the proposed General Plan Housing Element for the 2005 to 2010 cycle. The Band believes that any development in this area will harm irreplaceable cultural resources as the site is home to many cultural sites and unique natural features. The Carlsbad area in general has traditionally, historically and contemporaneously been an area of significance for Luiseno peoples. As such, the Tribe does not agree that this area of Carlsbad is appropriate for such a development. Because of this project's proximity to known resources, the San Luis Rey Band requests these mitigation measures be added for the development and that they be conditions of approval for this project, to ensure that this project is handled in a manner consistent with the requirements of the law and which respects the Band's religious and cultural beliefs and practices. The following measures must be included in both the mitigation plans and the conditions of approval for the hotel project. The San Luis Rey Band requests that the Developer be required to enter into a pre- excavation agreement with the Band prior to obtaining a grading permit. This agreement will contain provisions to address the proper treatment of any cultural resources or Native American Comment Letter to Scott Donnell Re: GPA 03-02 - 2005-2010 Housing Element November 10, 2009 Page 2 human remains inadvertently uncovered during the course of the project. Should any Native American human remains be uncovered during the development, the San Luis Rey Band will likely be designated the "Most Likely Descendant" (MLD) by the Native American Heritage Commission, as this is their traditional territory, as recognized by the Commission. Thus the interest of the San Luis Rey Band in the project area and their desire to protect any cultural resources or Native American human remains that are uncovered has been confirmed by the state Commission. The pre-excavation agreement should be entered into prior to any ground-disturbing activities for this project. The agreement will outline, to the satisfaction of the San Luis Rey Band, the roles and powers of the Native American monitors and the archaeologist, in addition to requiring compensation of the monitors by the Developer. Such an agreement is necessary to guarantee the proper treatment of cultural resources or Native American human remains displaced during the project development. The Cultural Resources Report for the MND recommends Native monitors already. These monitors should be from the San Luis Rey Band given their ties to the Carlsbad area. To ensure the proper treatment of any cultural resources or Native American human remains that are uncovered during the course the development, the San Luis Rey Band formally requests that the Developer agree to return these items to the Tribe if any are discovered. Any plans to curate any such items would disregard the respect due to these cultural resources. Instead, any such items or remains should be returned to the San Luis Rey Band. This planned housing development is located within the Band's traditional and aboriginal territory therefore it considers all cultural items found on the site to belong to its ancestors. In addition, the Band requests that the opportunity for open space be addressed in the conditions for approval, which would allow for reburial of any human remains that are disturbed during construction. We look forward to working on the Housing Element project to guarantee that the requirements of the CEQA are rigorously applied to this project. We thank you for your continuing assistance in protecting our invaluable Luiseno cultural resources. Sincerely, CALIFORNIA INDIAN LEGAL SERVICES Is/ Mark A. Vezzola Mark A. Vezzola Attorneys for the San Luis Rey Band MAV:tle cc: Melvin Vernon, Tribal Captain Carmen Mojado, Secretary of Government Relations •3,40 EXHIBIT 7F November 1,2009 Ms. Julie Baker Ms. Sondra Boddy Mr. Bill Dominguez Ms. Farrah Douglas Mr. Hap L'Heureaux Mr. Marty Montgomery, Chair Ms. Julie Nygaard City of Carlsbad Planning Commission Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Planning Commissioners: The DYv of Carlsbad Draft 2005-2010 Housing Element includes the 500 "affordable housing units" identified as "Quarry Creek." Although senior planning staff have worked on this project for several years with the prospective developer, McMillan Co., the site development plan has yet to be made public. Thus details of the project can be found only in the Housing Element. The Quarry Creek development would be located in the northeastern corner of Carlsbad on the site of the former mining operations of Hanson Aggregates Southwest, Inc., now known as Hanson America. The Housing Element describes Quarry Creek as "an approximately 1 QO-acre parcel bisected by Buena Vista Creek and bordered by commercial land and residential uses, the 78 Freeway, and open space. The majority of the property is vacant; some buildings from the quarry operation remain, and recycling of used concrete and asphalt materials continues on a temporary basis" (pp. 3-10, 3-11). Table 3-4 defines Quarry Creek1 site and scope as "portions of [APN (Assessor's Parcel Number)] 167-040-21" totaling 15 acres with a density of 20 dwelling units per acre yielding 300 housing units. Table 3-9 also defines Quarry Creek as "portions of 167-040-21" totaling 17 acres with a density of 12 dwelling units per acre yielding 200 units. In sum, "portions of 167-040-21," totaling 32 acres, is the site of Quarry Creek's 500 affordable housing units (Attachment 1, "Preliminary Orientation," pp. 1-2). The Housing Element's utter specificity and repetition that Quarry Creek's 500 housing units will be located on "portions of 167-040-21" leave no doubt whatsoever that Assessor's Parcel Number 167-040-21 is the intended location of the Quarry Creek low-income housing project. Yet one would be hard-pressed to find a site less suitable for 500 housing units with their minimum of 1,000 residents, including children. Parcel 167-040-21 has been marked for its contaminated soil and groundwater ever since 1998. when a massive fuel spill was reported. The extensive contamination placed the site under the jurisdiciion of the County of San Diego Lund and Water Control Division of the U.S. Department of Environmental Health (DEH) and landed it on the Cortese List of contaminated California sites undergoing cleanup. Brown and Caldwell, the fourth and cuircnt engineering firm Hanson has contracted to remediate the contaminated parcel, state in their April 22, 2009, cover letter to the DEH that they are "presenting this report summarizing the first quarter 2009 groundwater monitoring event at Hanson America's Carlsbad facility, located at 3701 Haymar Drive, Carlsbad, California, Assessors [sic] Parcel Number 167-040-21, hereinafter referred to as the 'Site'" (Attachment 1, p. 3). Brown and Caldwell's detailed description of the Site parallels the Housing Element's description of Quarry Creek quoted above (Attachment 2 "History of Site Remediation," p. 1). Their report also includes an aerial map of the Site, prominently labeled "Parcel 167-040-21" (Attachment 1, p. 4; Figure 2). Thus the site proposed in the Housing Element for Quarry Creek's 500 affordable housing units and the Site of the ongoing remediation of contaminated soil and groundwater are indisputably one and the same: Assessor's Parcel Number 167-040-21. The aerial map also marks the location of the eight USTs (underground storage tanks) that contaminated parcel 167-040-21 by leaking 86,000 gallons of hydrocarbons (gasoline and diesel fuel) into the soil (Attachment 2, pp. 1-2), 10,500 cubic yards of the contaminated soil (enough to fill the beds of 10,500 pickup trucks) were excavated from July, 2005, to March, 2006, and placed on the southeast portion of the parcel in covered biopiles for passive remediation (Attachment 2, pp. 6, 8 and 10). The efficacy of the contaminated soil's bioremediation remains unknown, as the DEH confirmed in April, 2009: the biopiles have never been tested (Attachment I, p. 5. Emphasis mine). Nonetheless, the Housing Element notes briefly and only in passing that the "[Quarry Creek] restoration includes ... the remediation of soils, a process that is well underway" (4-42; Attachment 1, p. 6. Emphasis mine). Clearly, this statement attempts at once to minimalize and to mislead. Even more troubling is the fact that the Housing element makes no mention whatsoever of the parcel's contaminated groundwater that underlies much of the northern portion of parcel 167- 040-21. Brown and Caldwell's Corrective Action Plan (CAP) of July, 2004, postulates that "aggressive" remediation of the hydrocarbon plume would be completed in eleven months, from March 30, 2005, to February 28, 2006 (Attachment 2, pp. 5, 14-15), followed by a year of verification monitoring after system shutdown (Attachment 2, p. 13) and would obtain DEH approval of site closure by March, 2007 (Attachment 2, p. 14). This schedule easily met the targeted deadline of June, 2007—the date set for Hanson's transfer of ownership for redevelopment (Attachment 2, pp. 3-4). However, at present, more than two years after that urgent date for site closure and more than three and a half years after February, 2006, when the "aggressive" cleanup was to conclude, remediation of the groundwater continues. No date of completion is now predicted. A chronological overview of the eleven-year history of the remediation of parcel 167-040-21 from August, 1998, to date is presented in Attachment 2 ("History of Site Remediation"). This documented history will ensure your accurate understanding of the magnitude of the contamination and the reality of the remediation of the Quarry Creek site. To assure you of the validity a nil authority of this critical information presented for your deliberation, with the exception of DEH e-mails to me and the pages copied from the Housing Element, the remaining contents of Attachments 1, 2 and 3 were copied in their entirety by DEH personnel directly from the DEH's four file-feet of documents regarding the remediation of the contaminated Hanson America site. These DEH records speak for themselves. For your convenience, I have merely bracketed and/or highlighted the especially relevant portions. The parcel's remediation history can be summarized briefly as follows. 1998 heralded the discovery that hydrocarbons had contaminated the soil and formed an extensive plume in the underlying aquifer. The contaminants include two carcinogens-benzene and ethylbenzene (pp. 1 l-12)-and the fuel additive methyl-tertiary-butyl-ether (MTBE), whose taste and odor render potential drinking water impotable. In 2004, six years after the fuel spill was discovered, Hanson America hired the engineering firm of Brown and Caldwell to remediate the site's soil and aquifer. Removal of the seeping contaminated soil was their first priority. Brown and Caldwell preferred off-site removal. Due to "schedule constraints" (pp. 5-6) however, the contaminated soil was strategically placed on site where it could be used in the future expansion of Marron Road (p. 23). An earlier consultant, PIC Environmental Services, foresaw the extreme risk this use of the contaminated soil would pose. With utmost precision, they stipulated that "The stockpiled soil would be spread approximately two (2) to three (3) feet thick immediately beneath the road base.... In addition, the stockpiled soil will be placed on top of approximately 45Jeet. of compaction- certified fill material. In PIC's judgement, [such] use of the stockpiled soil. ., adequately protects environmental health andgroitndwater resources" (p, 19. Emphasis mine. See also p. 20). The rows of giant, coffin-like biopiles draped in black plastic can be seen from the western edge of the Quarry Creek Shopping Center. Once the contaminated soil had been excavated and stockpiled on site for passive bioremediation, Brown and Caldwell could focus on remediating the contaminated groundwater. After a five-month pilot test, they began formal ozone sparging 24/7 to remediate the hydrocarbons in the aquifer in January, 2007 (pp. 7-8, 11, 16, and 22). Asnoted, their Corrective Action Plan (CAP) confidently states this remediation would be completed within eleven months (pp. 14-15). Nonetheless, after thirty-two months of 24/7 ozone sparging, unacceptable MTBE concentrations were still found in more than half of the monitoring wells sampled in March, 2009. Once MTBE has entered groundwater, it becomes notoriously resistant to remediation. The County of San Diego Site Assessment Management (SAM) Manual's March, 27, 2000, "Guidelines for Investigation and Cleanup of MTBE and Other Ether-Based Oxygenates" underscore the unique problems MTBE presents: "The essence of this document is the understanding that the standard approach for dealing with petroleum released employed over the past decade will not suffice for MTBE, because unlike traditional petroleum constituents such as benzene, MTBE tuoyex quickly to pollute water and is slow to degrade in the sulmtrface environment. Response time is critical for MTBE. A quick response to releases greatly increases the ability to check the spread of the MTBE and to clean up the mass of release" (p. 25. Emphasis mine. Similarly, pp. 26-2X). In fact, as witnessed above, despite almost three years of aggressive 24/7 ozone sparging into the contaminated aquifer, MTBE continues to vex and extend the remediation effort. Suffice it to say, until the status of the biopiles' passive bioremediation is known, the doggedly-resistant MTBE may-well be the critical factor in determining when-or if--the DEH can approve site closure. That event will not occur until MTBE is reduced ultirnately-and permanently—to the Maximum Concentration Level (MCL) of 5 micrograms per liter (5 u/L). This trace MCL mandated by SAM is required by the DEH as well, "because the Hanson site is a groundwater basin designated for beneficial use" (Attachment 2, p. 26. See also pp. 27-29). Attachment 3 ("History of MTBE Remediation") presents the history of the remediation of MTBE in the aquifer. This effort is summarized in Brown and Caldwell's cover letter to its most recent, first quarter (March) 2009 asmpling report submitted to the DEH April 22, 2009 (pp. 1- 2). [The DEH waived the second quarter June 2009 sampling (p. 3)]. The report's Figure 7 shows the locations of the monitoring wells, the MTBE concentration reported in each monitoring well, and the isoconcentration contours for MTBE in the groundwater (p. 4). Those contours reveal that the vast majority of the monitoring wells reported MTBE concentration levels are between 10 and 100 ug/L. The MTBE concentration levels are presented visually also in the report's graphs. Figures A-2, 3, 5, 6, 8,9, 10, 11, 12, and 13 track the history of the MTBE concentrations reported quarterly in each monitoring well (MW) from its first sampling to its most recent in March, 2009 (pp. 5- 14). The last sampling's actual numerical data (which I have written on the graphs) are presented in the report's Table 4: Historical Groundwater Analytical Results (ug/L), The entire report can be found on the Internet's Geotracker. The graphs vividly trace the wild fluctuations of MTBE concentration levels from one quarter to the next as it defies any predictable, straight-line decline. Notably, significant increases in MTBE have occurred in almost one-third of the nineteen monitoring wells (MVVs 8, 10, 12, 17, 20, and 21) since the fourth quarter (December) 2008 sampling. These increases range from 3.6 to 100 micrograms per liter. The graphs also show that as of March, 2009, 10 of the 19 monitoring wells reported MTBE concentrations ranging from 7.7 to 350 micrograms per liter—well above the Maximum Concentration Level of 5 micrograms per liter. Thus, the graphs immediately show that remediation of the stubborn MTBE will not end anytime in the foreseeable future. It bears noting also that Brown and Caldwell submitted the obligatory Corrective Action Plan (CAP) to the DEH in September, 2004. However, to date the DEH has yet to approve any CAP for the site's remediation. Until that time when another CAP is submitted, reviewed, submitted for public review, revised, and ultimately approved, the continuing effort to remediate MTBE in (he groundwater follows Brown and Caldwell's January, 2005, Interim Remedial Action Plan (IRAP), as required by SAM (p. 15). The IRAP's quarterly monitoring schedule has just been modified to semi-annual samplings (p. 3). Thus the next Brown and Caldwell sampling report will appear in January, 2010, followed by a July, 2010 report. A careful reading of the attachments' referenced documentation will familliarize you with the ongoing contamination and remediation of Parcel 167-040-21 and ensure your understanding of the additional information presented at your hearing of the City of Carlsbad 2005-2010 Draft Housing Element. Thank you for your attention to this DEH documentation regarding the reality of Assessor's Parcel Number 167-040-21 proposed for 500 low-income housing units. Sincerely, Ann H. Hailock Member of the Board Preserve Calavera - JJ Preliminary Orientation Resources Available units per acre. Additionally, the proposed Barrio Area is identified as a RH site because of the high density land use proposed there; it may, however, receive a different high.density land use designation than RH. Table 3-4 Existing and Proposed High Density Residential (RH) Sites Property APN Acres Density Number of Units1 Vacant Residential Sites currently designated RH Robertson Ranch Unentitled Land Subtotal Portions of 168-050-47, 208- 010-36 Various (see Appendix C) 22 12 20-22.3 du/ac2 20 du/ac3 4652 237 702 Vacant Residential Sites proposed to be designated RH Bridges at Aviara Affordable Housing Component4 Subtotal Portions of 215-050-44 and 47 2.6 25 65 65 Vacant Non-Residential Sites proposed to be designated RH La Costa Town Square" Ponto4 Quarry Creek?' Subtotal Other Underutilized RH Sites Proposed Barrio Area" Subtotal Total 223-060-31 216-140-17 (portiqniofcl%7-040-2tf Various (see Appendix D) Various (See Appendix G) 6.0 6.4 15 0.26 14 20 du/ac 20 du/ac 20 du/ac 20 du/ac3 28 du/ac 120 128 300> 548 8 256 264 1,579 Notes:1 Number of units does not always reflect acreage multiplied by density because of rounding and other factors.2 General Plan Amendment (GPA) and Master Plan approved to allow the densities and number of units shown. Number of units includes 78 high-density, lower Income units under construction (Glen Ridge) as of October 2008. These units are not reflected In Table 3-2.3 City commits to process a GPA to increase minimum density to 20 du/ac on these sites (New Program).4 More Information about these projects Is provided below. Source: City of Carlsbad, December 2008 Table 3-5 Approved Multi-Family Projects on Small Sites Project Ayoub Triplex Ocean Breeze Condos Acacia Estates Tamarack Beach Lofts La Vercia Site Size (in acres) 0.19 0.31 0.32 0.22 0.41 Units 3 5 4 4 5 Density 15.8 du/ac 16.0 du/ac 12.5 du/ac 18.0 du/ac 12.2 du/ac Approval Date 2000 2002 2005 2006 1998 City of Carlsbad 2005-2010 Housing Element 3-9 Resources Available Medium-High Density Residential Sites Smaller condominium and townhome units or planned unit developments may be affordable to moderate income households. Table 3-6 presented earlier shows condominium/townhome units affordable to moderate income households based on price data supplied by developers. These units are typically developed on properties designated for Residential Medium High Density (between 8 and 15 units per acre). Table 3-9 provides a summary of Residential Medium High Density sites in Carlsbad. Overall, the City has the capacity to accommodate 537 units at densities adequate to facilitate moderate income housing. Table 3-9 Existing and Proposed Medium High Density Residential (RMH) Sites Property APN Acres Density Number of Units1 Vacant Residential Sites currently designated RMH Robertson Ranch Vacant Unentitled RMH Land Subtotal Portions of 168-050-47,208- 010-36 Various (see Appendix C) 7 8 12.4 du/ac2 12du/ac3 84 92 176 Vacant Non-Residential Sites proposed to be designated RMH |20P,:.Quarry Creek"! | Portions of 167-040-21 17 I 12 du/ac3 | Other Underutilized RMH Land Underutilized RH Land in the Beach Area Overlay Zone Proposed Barrio Area" Subtotal Total Various (see Appendix D) Various (see Appendix E)5 Various (see Appendix G) 10 5.5 3 12 du/ac3 15 du/ac 12 du/ac3 102 60 31 193 569 Notes: ' Number of units does not always reflect acreage multiplied by density because of rounding and other factors.2 GPA and Master Plan approved to allow the densities and number of units shown.3 City commits to process a GPA and/or other legislative changes necessary to Increase minimum density to 12 du/ac on these or portions of these sites (new program).4 More Information about these sites is provided below.5 The minimum density of 15 du/ac Is the existing lower end of the density range for the Residential High Density (RH) designation. City of Carlsbad, August 2007 and March 2008 Relevant general plan, zoning, and other information about the Quarry Creek site and proposed Barrio Area may be found in the previous section under High Density (RH) Sites. Both projects have proposed RMH as well as RH components. Further, while limited in number and total acreage, all properties counted as unentitled and underutilized in Table 3-9 are at least 0.24 acre in size, which as City of Carlsbad 2005-2010 Housing Element 3-21 A LUW. 9665 Chcsipofec Drive, Suicc 201 San Diego, California 92115 Tel: 858-514-8822 Fax: 858-514-8833 2 31009 April 22,2009 Ms. Carol Fenner, PG Environmental Health Specialist Count)1 of San Diego Land and Water Quality Division Department of Environmental Health P.O. Box 129261 San Diego, California 92112-9261 1044/132590-002 Subject: Report of 1" Quarter 2009 Groundwater Monitoring and Site Remediation Activities Hanson America - Carlsbad Facility 3701 Haymar Drive, Carlsbad, California DEH Case Number: H02509-001 Dear Ms. Fenner: On behalf of Hanson America, Brown and Caldwell is presenting this report summarizing the first quarter 2009 groundwater monitoring event at Hanson America's Carlsbad facility, located at 3701 Haymar Drive, Carlsbad, California, Assessors Parcel Number.167-040-21, hereinafter referred to as the "Site" (Figures 1 and 2). This gioundwater monitoring event was conducted in general accordance with the County of San Diego, Department of Environmental Health (DEH) guidelines, and in accordance with the Contract for Service between Brown and ,Caldwell and Hanson America. Brown and Caldwell conducted the first quarter 2009 monitoring on March 16 through March 20, 2009. In total, the first quarter event included the gauging and> sampling of 19 wells, considered strategic for evaluating groundwater elevations and geochemistry at the Site, Groundwater monitoring, sampling, and reporting were conducted in accordance with the following references: ••• Section 5 of the 2004 Site Assessment and Mitigation (SAM) Manual developed by the DEH.1 " The modified sampling schedule proposed and approved by the DEH via email on June 4, 2007 and outlined in the Report of Second Quarter 2007 Groundwater Monitoring by Brown and Caldwell (Table I),2 " The initial schedule proposed in die Interim Remedial Action Plan Report (TRAP), January 2005, by Brown and Caldwell.' Investigations assessing the extent of hydrocarbon-impacted soil and groundwater have been conducted at the Site since the early 1990s. Initial investigation of the dissolved-phase hydrocarbon plume began after total petroleum hydrocarbons as diesel (TPHd) and as gasoline 1 San Diego Department of Environmental Health, Land and Water Quality Division. Site Assessment and Mitigation Manual. February 2004. 2 Brown and Caldwell. Report of Second Quarter 2007 Groundwater Monitoring, Hanson America, 3701 Haymar Drive, Carlsbad, California. July 2007. 3 Brown and Caldwell. Interim Remedial Action Plan (IRAP) Report, Hanson America, 3701 Haymar Drive, Carlsbad, California. January 2005. Environmental Engineers ci* Consultants ttllti llVlontW) Amerfco\127929-132S90 - Chad R«m«S:rtlon I5\CAD\ .... AwioUwg 10/15/2008 5:03 PULayout Atrlof | Hif FI«a : A/«lol Vle«.d«^ : Hori«in-B«Hi,4»g : 1S323.HI BROWN AND CALDWELL SAN -. CAJuIFOKNIA AERIAL PHOTOGRAPH SHOWING SITE AND SURROUNDING PROPERTIES PROJECT LOCATION HANSON AMERICA 3701 HAYMAR DRIVE CARLSBAD ^ 0 300 600 SCALE IN FEET FIGURE HBV BBH'^H^ H ? RE: Hanson Aggregates "VerneUi, Mike" <Mike.Vernettl@sdcounty,ca.gov> "ann hallock" <annhnallock@yahoo.com> reply_to_Hallock.doc (26KB) Monday, April 13, 2009*6:28 AM From: To: Message contains attachments Dear Ms. Hallock, I am truly sorry that I have not responded to you earlier, but I have been very busy with staffing and budget issues. I have attached my reply. Have a great day, Mike VerneUi Will the passive remediation of the contaminated piles be completed by June 30,2010? At what point is the passive remediation to date?...The contaminated soil currently in biopiles was intentionally placed where it is so it could later be used in the construction of the proposed extension of Matron Road, which will be the main road serving the affordable housing units. The rest of the soil atop the contaminated plume may pose health concerns as well. Response: DEH/SAM has been advised by the consultant (Brown and Caldwell) that it is currently preparing a plan to sample the biopiles to be able to assess the status of the passive bioremediation. Once we receive and approve the workplan, the evaluation will proceed. Constraints and Mitigating Opportunities revisions to the EIR, development consistent with the vision plan should not require additional significant environmental review. 8. ..Quarry- -Cree!$ - A former mining operation, Quarry Creek is a largely disturbed, approximately 100-acre property that also features significant habitat areas. The property is subject to reclamation as required by the state Surface Mining and Reclamation Act. The reclamation plan and accompanying EIR are in preparation and the draft EIR was released for public review in September 2008. Based on earlier agreements, the City of Oceanside, not Carlsbad, is responsible for preparation and approval of the reclamation plan and EIR. An additional, five-acre portion of the former mine is in Oceanside and is not part of the site considered by this Housing Element. Additional environmental review will be required for the land use designations the City proposes for this site; this review may include another EIR. Furthermore, site reclamation must be permitted and must occur before Quarry Creek is ready for residential or other development. R€clamatiqn^cludes:jrj^^ site, and remediation of soils, a process which Is well underway f City of Carlsbad 4-42 2005-2010 Housing Element History of Site Remediation August, 1998: 8 underground storage tanks (USTs) removed after leaking 86,000 gallons of hydrocarbons (diesel fuel and gasoline) into the soil. Pp. 1-2 (See attached) August, 1998, to November, 1999: Kleinfelder Engineering made borings to determine area of hydrocarbons in soil. March, 2001, to February, 2003: Environmental Business Solutions established 17 monitoring wells (MWs) and began monitoring hydrocarbons in groundwater. Pp. 22-23 April, 2004: Brown and Caldwell began quarterly monitoring of groundwater, using monitoring wells placed at edge of hydrocarbon plume. P. 22 September, 2004: Brown and Caldwell submitted Corrective Action Plan (CAP) to San Diego County Land & Water Control Division of Department of Environmental Health. Outlines "aggressive" remediation of hydrocarbons in soil and groundwater. Recommends removal of contaminated soil off-site—not natural attenuation in situ. MTBE in groundwater will be remediated with ozone sparging to comply with DEH's requisite of no more than 5 micrograms/liter. MTBE in soil to be remediated to no greater than 5 micrograms per kilogram. Community notified that two carcinogens are present on site. Estimates completion of remediation in 12 months (by September, 2005), with one year verification of final groundwater monitoring to end September 15, 2006. DEH has yet to approve any CAP. Pp. 3-15 January, 2005: Brown and Caldwell submitted Interim Remedial Action Plan (IRAP) to DEH. Will remediate groundwater by sparging estimated 550 pounds of ozone with the system operating 24 hours per day. Remediation completion will meet June, 2007, deadline when property ownership will be transferred for redevelopment. Pp. 16-17, 21 July, 2005, to March, 2006: Excavated soil. Stockpiled 43,000 cubic yards of soil in 21 piles on site of proposed Marron road extension. 10,500 cubit yards of contaminated soil placed in biopiles for passive bioremediation and covered with plastic sheeting. Pp. 18-20, 23 May, 2006: Installed 16 ozone sparge wells to remediate MTBE in groundwater. P. 22 September, 2006, to January, 2007: Pilot test using ozone sparge system. P. 22 January, 2007: Began forma! remediation of MTBE using ozone sparge system. P. 22 April 22, 2009: Brown and Caldwell Report summarizing the first quarter, 2009, groundwater monitoring at Hanson America. From January, 2007, to April 2009 (circa 27 months) over 800 pounds of ozone had been aggressively sparged into groundwater 24 hours per day to remediate MTBE. Results of 19 MWs tested: 12 contained MTBE. In 10 of the 12, MTBE concentrations remain above 5 micrograms/liter, ranging from 7.7 ug/L to 350 ug/L Remediation of contaminated groundwater continues. Contaminated biopiles continue passive bioremediation. December 24,2008: DEH spokesperson filed this response made to a news reporter: "I confirmed that there is fuel contamination at the site referred to as Hanson Aggregates at 3701 Haymar, Carlsbad. I also confirmed that contaminated soil that is covered is being bioremediated." P. 24 At Present:; Site proposed for 500 low-income housing units remains contaminated. Remediation completion date is unknown. SECTION 2 FACILITY IDENTIFICATION AND DESCRIPTION This section discusses the Hanson Carlsbad facility location and history, as well as a summary of the Site assessment investigation and interim remediation measures that have already been conducted. 2.1 ^FACILITY LOCATION AND HISTORY* The Hanson Carlsbad Facility is located in northwestern San Diego County approximately three miles east of Interstate 5. It is bound on the north by Highway 78 and Haymar Drive, on the east by College Boulevard, on the south by residential developments and on the west by undeveloped land (Figures 1 and 2). The current Hanson Carlsbad facility address is 3701 Haymar Drive, Carlsbad, California, but the addresses of 3703 and 3750 Haymar Drive have also been associated with the facility in the past (Kleinfelder 2000). Two parcels (APNs 167-040-11 and 167-040-21) are currendy owned by Hanson with a total area of approximately 155 acres. The western portion of the land including parcel 167-040-11 and the northeastern and southern portion of parcel 167-040- 21 are largely undeveloped, occupying an area of approximately 103 acres. The remaining portion of the property contains all of the current mining and ancillary activities and occupies approximately 52 acres (Figure 2). _ _ .....;. - •e, operational portion of the Site is located in the northeastern portion of the land own^d by'Kjmoh. Former facilities in this northeastern section included ofGce buildings, two asphalt plants, a concrete batch plant, a recycled material area for asphalt concrete, a rock crushing plant, maintenance shop, a surface mine, bulk materials storage areas, fueling facilities, several storage trailers and fenced areas, two empty explosives magazines/containers, an auxiliary office building, an office and scale room building, a sales office, a storage building, four above-ground storage tank (AST) areas, and 21 UST areas (Kleinfelder 2000). Due to reclamation at the Site, the majority of the equipment and buildings associated with mining and asphalt production have been removed, including both asphalt plants, all of the USTs, the rock crushing plant and three of the ASTs. With the closure of the asphalt plant and rock crushing facilities, activities at the Site are generally limited , to the production of concrete from existing and imported aggregate reserves. ; 2,1.1 ^Underground Storage Tank Closure Since the mid-1980s a total of 21 USTs have been removed from the Site. These USTs had mixed uses including gasoline, diesel and asphalt emulsion fluid. The USTs labeled numbers 1 to 8 (Figure 3) located in the northern area of the Site towards Haymar Road and Highway 78 are the focus of the proposed corrective action. The eight steel USTs included two approximately 10,000- gallon gasoline tanks, three approximately 10,000-gaOon diesel tanks and three approximately ] 2,000-gallon diesel tanks (KJeinfelder 2000). The tanks and associated piping were removed in August of 1998-t Part of the UST closure activities included soil sampling as discussed in the foDowing section. i': .H»n«..n'::4W2\CAPv:'i!>tt Final CAP 1,1 DE^uwjwjiit September 201 >4 BROWN AND CALDWELL Hanson Aggregates Pacific Southwest, Inc. 3701 Haymar Drive, Carlsbad, California 92154 April 29, 2002 Page 2 PROPERTY OWNER: REGISTERED PROFESSIONAL: Hanson Aggregates Pacific Southwest, Inc. P.O. Box 639069 San Diego, CA 92163-9069 Contact: Mr. Marvin Howel! Phone: (858)577-2770 Mr. Danny Oliver PIC Environmental Services 742 Genevieve Street, Suite G Solana Beach, CA 92075 Phone:(858)259-3140 2.2 Site Location and Use The subject site is located south of Highway 78 and west of College Boulevard in Carlsbad, California (Figure 1). The Hanson property occupies five (5) adjacent parcels which comprise approximately 217 acres. The eastern 62-acre portion of the property (APNs 168-010-06, -12, and -14) is situated in the City of Oceanside. The remaining 155-acre portion of the site (APNs I67-040-11 and -21) is situated in the City of Carlsbad. The site lies within the Buena Vista Creek drainage basin, and Buena Vista Greek flows westerly across the site. The site is bordered to the north and south by commercial and residential developments. 3.0 RELEASE DESCRIPTION AND SUMMARY OF PREVIOUS WORK In August 1998, eight (8) USTs were removed from the area located north of the maintenance shop. UST contents, sizes, and identification numbers are summarized as follows: f-I UST ID No. 1 2 3 4 5 6 7 8 Size (gallons) 12,000 10,000 12,000 12,000 10,000 10,000 10,000 10,000 Contents Diesel Diesel Diesel Diesel Diesel Diesel Gasoline Gasoline PIC ENVIRONMENTAL SERVICES _ Facility Identification and Description _ 2-6 "' No specific property development plans for the future land use of the Hanson CaHsbad facility have been established at this time, but thVCailstaad General Plan designations for future She us I general open space while the current zpnjng designation for the Site isjndustrial and bne-Ya%any residential (Hanson Aggregates Pacific Southwest, Inc. 2001). It is i unlikely that a specific final Site use determination will be made for several years. Bttsed;drv"cunent information available^ it is our undeKtan^lmg_thjitj^e^wnje^^p of the property wiflbe'^ remedial ptograrn™outllned in this CAP. was prepared with) receirit of Site closure by June 2007 io mindl, F:\H»nKm\219«2\CAP\249B2 Firal CAP to DEP 090JM,ii<* September 20W BROWN ANDCALDWELL Introduction 1-2 located and the plant operational area north of the Buena Vista CreeL Figure 2 presents an aerial view of the facility showing the Site and surrounding areas and Figure 3 is a Site plan showing the former UST locations, concrete plant area, and existing groundwater monitoring wells. Hanson and its predecessor companies have been in operation at the facility since 1961. Through the present day, a number of mining-related activities have been conducted at the Site under a City of Oceanside Conditional Use Permit (C-2-77). Activities have included hard rock quarrying, materials stockpiling, and materials processkg. In 1998, hydrocarbon-impacted soil was reported during removal of eight USTs that were used for storage of diesel fuel as well as gasoline. Since 1998, efforts have been made to characterize the Site including collection of soil samples and on- going groundwater monitoring to evaluate the presence and migration of petroleum hydrocarbon constituents in groundwater. In addition, interim remedial activities have been conducted in an effort to reduce the petroleum hydrocarbon impacts to soil and groundwater, including over- excavation of the tank pit following removal of the USTs and the installation of passive Oxygen Releasing Compound* (ORC®) barrier trenches in the plant area to increase DO concentrations in the saturated zone and promote the biodegradation of petroleum hydrocarbons in groundwater, Site assessment activities and interim remedial actions conducted to date are discussed in further detail in Section 2.0, ; 1.2 ^STRATEGY AND APPROACH^ Hanson's overall goal for remedial action at this Site is to facilitate and streamline property redevelopment efforts by reducing risks to human health and dae environment Considering Hanson's plans for transferring ownership and vacating me Site in the next few years, the remedial alternatives selected for mitigating soil, groundwater, and potential surface water impacts are aggressive, Beld-proven, and capable of meeting the proposed cleanup goals within Hanson's requested tune frame. A review of remedial alternatives is provided in Section 5.0. In view of Hanson's aggressive schedule, residual and vapor-phase hydrocarbons in vadose zone and capillary fringe soil will be removed expeditiously by source area excavation and off-site disposal. Ozone sparging, a similarly aggressive approach for the mitigation of groundwater, is the preferred remedial option for groundwater at the Site. Demonstrated effectiveness, timeliness, and practicability ace the / main rationale for selecting these two primary cleanup alternatives.i •-••. t 1.3 PROJECT ORGANIZATION AND RESPONSIBILITIES The project organization for diis remedial action project and associated activities includes representatives from Hanson, Brown and Caldwell, drilling and remediation subcontractors, geophysical and chemical laboratories, as well as a waste transport and disposal firm. Most subcontractors required for the implementation of the CAP will be identified during design and operational planning. Key personnel responsible for project implementation and quality control included the following: • Hanson America, Interim Project Manager - Mr. Bill Berger, Vice President of Operations • Hanson America, Project Manager - Mr. Marvin Howell, Manager of Environmental Operations • DEH Case Manager - Ms. Laurie Apecechea • Brown and Caldwell, Project Manager— Ms. Barbara Goodrich P:\H«n»n\249a2\CAP\2<t9B2RndCAPKiDEH05«MKdoc September 2004 BROWN AND CALDWELL Evaluation of Remedial Alternatives 5-2 bioventing. Following review of die remedial approaches, those most feasible for this Site will be evaluated in more detail. 5.1.1 -iExcavatioi/ Excavation involves physical removal and txeatment or disposal of affected soil. Excavation may be considered as either a complete remediation strategy or as a part of a larger remediation effort and is typically suited for short duration remedial actions or source removal efforts involving small volumes of soil or soil affected by heavy-end hydrocarbons or soil heavjjy impacted by lighter end hydrocarbons and MTBE. In any of these cases.^^fe^'g^ajK^lgUjggg^^Mguitg^atiniiiht arid/Mpf /ofi&Sitieyflisgsjs^lf Off-Site transport and disposal of hydrocarbon-affected soil is the least favorable remedial alternative when practical in-situ treatment technologies are available and can be implemented in a reasonably shoot amount of time. However, excavation is a viable remedial option at this Site, specifically for source removal and due to the schedule constraints for obtaining the Site closure letter. • 5.1.2 jNatural Attenuation (Soil)f This remediation alternative relies upon natural physical, chemical and biological processes such as volatilization, adsorption, and^jgd^gradatioti to degrade the hydrocarbons ynjsjt^. Due to the low costs and overall effectiveness associated with this option, ..natural bioattenuation is considered to be fa viable remediation alternative for this Site. However, due to'schedule constraints it is not a feasible 5.1.3 Soil Vapor Extraction Soil vapor extraction (SVE) is an in-situ remedial technology that reduces concentrations of volatile constituents in petroleum products adsorbed to soils in the unsarurated zone. Vacuum is applied through extraction wells to create a pressure/concentration gradient that induces vapor-phase hydrocarbons to be removed from soil through extraction wells. In many cases, particularly with heavier hydrocarbons, a large percentage of the hydrocarbon mass is actually biodegraded from die addition of oxygen. This technology also is known as in-situ soil venting, in-siru volatilization, enhanced volatilization, or soil vacuum extraction. The extracted vapor is then treated as necessary using carbon adsorption or diermal or catalytic oxidation before being released to the atmosphere. The increased air flow through die subsurface can also stimulate biodegradation of hydrocarbons, particularly those that are less volatile. SVE is also a preferred mednod to remove MTBE from impacted soils before it leaches to groundwater where it is harder to remove once it enters the dissolved phase. Due to the limited amount of petroleum hydrocarbons in the vadose zone, SVE likely will not be a cost-effective remedy for this Site. 5.1.4 Bioventing Bioventing is an in-situ remediation technology diat uses indigenous microorganisms to biodegrade organic constituents adsorbed to soils in the unsarurated zone. When extraction wells are used for bioventing, the process is similar to SVE. However, while SVE removes constituents primarily through volatilization, bioventing systems promote biodegradation of constituents through injection of air (oxygen) and minimize volatilization by generally using lower air flow rates. In practice, some degree of volatilization and biodegradation occurs whether SVE or bioventing is used, Bioventing !l:M-hn>TOi\2'i982\CAI'\2-»9H2 Fmil CAP 10 DEH n<TOIW,<!oc September 2 BROWN AND CALDWELL Evaluation of Remedial Altemadyes 5-4 has merit as it will immediately attack the BTEX, hydrocarbons, MTBE and TBA upon contact in the subsurface. One of the issues with chemical oxidation is gaining approval from the regulatory { agencies within a reasonable time Frame to move forward widi the injections, Performance monitoring is also requited to make sure that only the affected areas aie being addressed and chemical oxidants are not leaving die area in the gtoundwater. Because of the shallow nature of the COCs and the proven ability of these oxidants to remediate them, chemical oxidation is considered feasible for this Site and is a preferred remediation method because of its aggressive treatment of the constituents that are in groundwater at this Site. Due to time constraints, dbis remedial method may not be viable, However, Hanson plans to apply for the Waste Discharge Requirement (WDR) permit from the RWQCB so that additional remediation by in-situ chemical oxidation can be used as necessary. i 5.2.3 Ajk Sparging and; pione'<-SpScgi.ng? Air sparging is the controlled injection of air below the water table surface. Generally, the purpose of air sparging is twofold: (1) the sparged air increases the DO concentration of the groundwater, thereby enhancing biodegradation and natural attenuation of the dissolved-phase hydrocarbons and MTBE; and (2) air sparging causes the hydrocarbons and MTBE in the dissolved phase within the groundwater table to volatilize into soil above the groundwatet table. Air sparging is often performed in conjunction with vapor extraction to control petroleum-hydrocarbon vapors that are volatilized from the groundwater. Air sparging can be conducted with dedicated sparge points or utilizing existing vapor extraction or groundwater monitoring welJs. The predominandy sandy lithology within the saturated zone suggests that air sparging would be an effective means of remediation at this Site. Therefore, the use of air sparging is considered feasible for diis Site and will be considered further. Ozone sparging is a variation of air sparging where an ozone generator is used to provide ozone which is injected into the groundwater via the sparging points. Ozone is a very reactive gas that immediately attacks and chemically oxidizes all of the target organic compounds discussed in this CAP. Specifically at this Site, the ozone would oxidize the benzene, TPH, MTBE and TBA as well. Ozone sparging has been used at a number of sites and has proven to be very effective in cleaning up BTEX and MTBE simultaneously unlike biodegradation, which at a number of sites has shown that all of the BTEX must be degraded before the micro organisms will attack and degrade the remaining MTBE. Because of its highly oxidizing nature, ozone sparging must be carefully monitored in downgradient monitoring wells. Since MTBE remediation, as well as BTEX and TBA remediation, are important to this remediation effort, ozone sparging is considered to be feasible and a preferred remedy for this Site.'». 5.2.4 Groundwater Pumping and Treatment Groundwater pumping and treatment is a remediation technique historically used for removing dissolved-phase hydrocarbons in groundwater. This approach can be used eiuSer as a stand-alone groundwater remediation technique or as a method of hydrauEc control in combination with odier remedial technologies (e.g., vapor extraction), This method is currently only considered appropriate for controlling the migration of the dissolved-phase plume if significant risk to a receptor is imminent or as means of de-watering to aid adsorbed-phase removal. In general, groundwater pumping and treatment has not been shown cost effective as a direct method for dissolved-phase hydrocarbon removal (LLNL, 1995). p.ui»nv>n\24'w:roM'\2.i'>s2 Fmai CAP ici DEJiiw.vn Jnr September 2004 BROWN AND CALDWELL 7 Evaluation of Remedial Alternatives 5-5 ,.5.3 OF SELECTED Of die general remediation approaches discussed above, Hanson is considering using a combination of soil excavation in the source areas (near MW-2 and MW-3), and ozone sparging in the groundwater source areas. Depending upon the ability to permit the chemical oxidation approach, Hanson will evaluate in-situ chemical oxidation on a parallel track to remediate groundwater above cleanup goals that were not remediated by ozone sparging. Given Hanson's current schedule for departure from the Site (approximately June^OO?), and based on experience with similar site cleanups, these remedial alternatives are aggressive and are capable of meeting die proposed cleanup goals within the available timeframe. r n»n«w»2«:MCi-i;Aivi»wi2 ?<">* CAP to September 2004 BROWN AND CALDWELL County of San DiegoiMethy-tertiary-butyl-ether (MTBE) c" Page 3 of 3 Estimating the approximate travel time for a contaminant plume to reach a nearby receptor Is a key part of the Investigation.' DEH will work with you and your consultant to evaluate travel time. This estimation will serve as a basis for the next step In the process, assigning a cleanup priority classification. The following Is the cleanup priority classification: Classification Regulatory Response Timing Groundwater MTBE plume travel time to nearest downgradlent receptor: <Class 1:5 years Implement remedial action plan as soon as possible, not later than 1 year after determination of cleanup priority class. Groundwater MTBE plume travel time fo nearest downgradlent receptor: > 5 years and < 20 years Implement remedial action plan within 5 years after determination of cleanup priority class. • Groundwater MTBE plume travel time to nearest downgradient receptor: >CI3SS 3« „20 years Direct cleanup resources to these sites after sites In classes 1 and 2 have been addressed. The California ycrisrafSMfld Storage lSBk...ErP3ran3 can provide more information regarding the guidelines entitled, Final Draft Guidelines for Investigation and Cleanup of MTBE and Other Ether-Based Oxygenates State of California Draft Guidelines on MTBE. •* * *"" "Corrective Action When DEH determines that a site requires remedial action, those actions must be taken expeditiously. In general, the type of response actions taken at MTBE release sites will be similar to the type of actions taken at traditional petroleum releases. The primary difference is that responses to MTBE will need to be swifter and ' more aggressive to reduce the spread of MTBE to a wider area. v.» Cleanup Fund The Underground Storage TantLCIeanutLEufid which Is administered by the Division of Clean Water Program Is tasked to respond in a timely manner to meet the time frames specified for higher priority MTBE cases, If you have any questions, please contact Allen Patton at (916) 341-52SO at the State Water Resource Control Board. •Maximum Contaminant Level j Maxlrpum Corir,arn|nant Levels f MCLs) Methyl-tertiary-butyl-ether Primary MO. 13 ug/1 Secondary MO. 5 ug/$ ; 9 http://www.co.san-diego.ca.us/dehywater/sam_mtbe.html 2/6/2009 Clean-Up Goals 4-3 above on MTBE, a 10'5 incremental cancer risk is appropriate based on very poor groundwater quality at the Site; therefore, a cleanup level of 120 ng/L for TEA is proposed. r-r Soil cleanup goals that address the groundwater receptor through die leaching of hydrocarbons is evaluated by following the Level 1 evaluation protocol that utilizes equilibrium equations, die above water quality goals, and chemical-specific parameters to calculate how much of a particular chemical will leach from a given soil at variable TPHg concentrations, In calculating soil cleanup goals, die maximum soil concentration without free flowing LNAPL is used to find a chemical specific cleanup goal. This Level 1 evaluation assumes that the calculated pore water concentration corresponds to what would be found in groundwater, without dispersion or biodegradation. The two processes act in nature to reduce chemical concentrations, and in die case of biodegradation, hydrocarbon mass, Numerical values calculated and presented (Table 6) correspond with a TPHg concentration of 5,600 mg/kg, as extrapolated from data presented in the SAM Manual (DEH 2004). In general, the numerical values calculated for toluene, ethylbenzene, and total xylenes represent the most conservative cleanup goals when compared with vapor risk pathways, and typically are within the ranges presented for residential and industrial USEPA Region IX Preliminary .Remediation Goals (PRGs). ••H Note that with MTBE, the water quality goal used to calculate the soil cleanup goal is 130 ug/L, and not the California MCL. The soil cleanup goal for MTBE calculated using this method is much lower than other potential standards (approximately 4,500 times lower than the USEPA residential PRG, the next lowest risk-based standard). ^hjli^hkjCajculation assures protection of55 groundwater, it will.be difScultotimpossible to verify in practicality; The active to be.completed as partr complementing dais CAP^will/target botht existing; sources^t| dxlsf^^issolved concentrations in groundwatejt.' Hence^avsoilclfanujp;j|Q^'x)E (approximately one order of magnitude or ten times below the USEPA PRG) will be^used as thg interirnxleanup goal for MTBE; and Site-specific leaching tests (Synthetic Precipitation Leaching Procedure — SPLP) will be performed on variety of soil types to define the leachable characteristics of the MTBE and further define final cleanup goals as necessary. Soil cleanup concentrations based on evaluating risk due to the indoor air exposure padiway was evaluated using iterative calculations in VaporRisk 2002, the Count}1 of San Diego DEH spreadsheet. While this spreadsheet was developed to calculate risk based on different input parameters such as soil concentration, it can be used in an iterative approach to calculate what concentrations provide an incremental 10"6 carcinogenic risk from the indoor air pathway. The calculations were conducted with only depdi and concentration varying, until the de minimis threshold was achieved (Table 6). The lowest cleanup concentration for benzene was obtained from the vapor risk calculation, and thereby was picked as the most protective of human health. Table 6 includes the USEPA Region IX PRGs for comparative purposes only. While die PRG concentrations are often cited as starting points for cleanup goals, typically they are not Site-specific enough to evaluate risk, and hence should be used as comparison guidance only. In particular, at this Site, the PRGs only include complete pathways for direct contact and ingestion, but not exposure to indoor air or contact to a receptor such as groundwater, and hence must be evaluated accounting for these exposure pathways. At the Carlsbad facility, the groundwater receptor and residents exposed to indoor air pathways are complete and important pathways to evaluate for protection of human healdi, and hence have been evaluated. The proposed Cleanup Concentration P VH«n»i.n\2J*!2- i,Al'\24V« |;ii»l CM' in DEH UKi3U4.doc September 200-i BROWN AND CALDWELL /0 Appendix C — Community Health and Safety Plan C-l COMMUNITY NOTIFICATION Hanson America will be involved in the remediation of soil and at their facility located at 3701 Haymar Drive, San Diego, California. Activities will include installation, operation and monitoring of remediation equipment as well as limited excavation. J^SSxigpigwU . bggjnj anuary . 2(X)5 with an expected duratioa of approxirnatidy 30 months, ending June 2UO#. .The rerjQcdiatiqn^y3tem:wi3|:bc operated'' .2% hours Primary potential hazards include inhalation of gasoline and other hydrocarbon vapors, and occasional loud noises. ALL NECESSARY PRECAUTIONS WELL BE TAKEN TO MINIMIZE THE RELEASE OF HYDROCARBON VAPORS TO THE ATMOSPHERE. ls Listed bjelow are prese If excessive odors, noise, or dust, or other safety concerns are noted at the site, please contact the following: BROWN AND CALDWELL 24 Hour Emergency (714) 549-5566 If further assistance is required, please contact the following agencies: l.x>cal Police, Fire Department Air Pollution Control District 911 for Emergency Anne Baptistc Brown and Caldwell (858)571-6734 Enforcement (619) 694-3340 A copy of the community healoh and safety plan for remediation activities is available on-site from Brown and Caldwell. XAHnin,.n\2-!'»(2\< JM'\l)RAI'T\.MMic/ Draft D.>cumcn!\A|tpmdii C-CliSP-dnc BROWN AND CALDWELL July 2004 Appendix D -^ommunit^He^^anU-.Safefy'Plaii? D-3 I15.1 ?: Chemicals of Concern! Chemicals of concern are those associated with petroleum hydrocarbons, including benzene, toluene, ethylbenzene, xylenes (BTEX), MTBE, tert-butyl alcohol (TEA) and other volatile organic compounds, caused by unauthorized releases of gasoline and diesel fuel. Material Safety Data Sheets (MSDS) sheets for gasoline, diesel, BTEX, MTBE, and TEA can be found in the Site Safety and Health Pkn. 5.2 Potential Off-Site Impacts Potential off-site impacts include die exposure to gasoline and other hydrocarbon vapors and noise. Ever)' precaution to minimize the release of hydrocarbon vapors to the atmosphere will be taken. This will include environmental monitoring to detect the presence of airborne concentrations of hydrocarbon (organic) vapors, including gasoline vapors. Environmental monitoring will be accomplished using a properly calibrated combustible gas indicator. Background vapor concentrations will be determined before die initiation of any remediation activities. Vapor concentrations will be monitored at representative points diroughout the Site such as underground utilities, and wells that are not attached to the ozone system. Results will be recorded on a standard form used by Brown and Caldwell personnel. A copy of diis form is included in the Brown and CaldweO Site Safety and Health Pkn. If results of diis monitoring indicate organic vapor concentrations greater than 25 ppm in the work area, work activities will stop until these concentrations are reduced. [f hydrocarbon vapors are inhaled, potential healdi effects could result. Such vapors could be present due to gasoline and its constituents. Constituents of particular concern include BTEX, MTBE and TEA. JBenzene and Ethylbenzene are know by -die State of California to be potential occupational carcinogens ;a£id,has,been associated with Jeukerruaf Acute hea|th effects include irritation to the eyes, nose. and respiratory system, headache, giddiness, nausea, and anorexia^ Benzene exposure can also lead to/ dermatitis, and bone marrow depressiqii. The other BTEX compounds (toluene and xylenes), MTBE and TEA may cause irritation to the eyes, nose and respiratory system, and dermatitis. Acute exposure can lead to central nervous system effects including headache, dizziness, confusion, and irritability, Exposure to toluene may also result in pupil dilatation, nervousness, and insomnia. Elevated concentrations of xylene isomers may lead to gastrointestinal symptoms, including abdominal pain, nausea and vomiting, and corneal damage. Exposure to total petroleum hydrocarbons fTPH) may also occur. TPH refers to heavy hydrocarbons which may present a fire hazard in extreme circumstances, such as those created in the presence of a flame, excessive heat or strong oxidizers. An exposure limit for TPH has not been established due co the varied chemical composition. Presendy, tiiere are no known chronic health hazards associated wiuh TPH. ^ The hydrocarbons and ozone present on-site are also flammable substances. An unlikely scenario is -: • that diere could be a fire or explosion on-site which could have potential off-site impact This is a draft report and ii not initndtd to be a final nprtsintation of the work dam or rt;ammtiidation! made by Brown and Calda/cll. It should not be relied upon; comult the final report. i> .Hmiun.juJSiLi'iun-i«u-o,:<;bTi.UUP .CHSp-.FinaJ.CHSi'.Ji.c January 2005 BROWN AND CALDWELL .( Work Plan 6-9 hydrocarbons, then additional monitoring requirements may be necessary. Addenda to this CAP will be submitted in accordance with any additional monitoring requirements specified in die WDR permit. 6.5 /CLOSURE MONITORING 6.5.1 .Groundwatejt .•EoJJo^iisg'^B^ system, four quarters of groundwatef'mohitbrihg artd * g.ampjjng^ objectives of the Site closure groundwnter monitoring program include the following: • verify that groundwater cleanup goals listed in Table 6 have been achieved; • show that any residual dissolve-phase petroleum hydrocarbon concentrations are stable or decreasing; and ; • show that biodegradation is occurring which will further reduce any remaining residual hydrocarbon concentrations. Natural attenuation depends on Site geochemistry, and on the presence of electron acceptors and other essential nutrients required by microorganisms. Sampling for the biogeochemical parameters as described previously will continue during the Site closure groundwater sampling program. Data obtained from the Site closure sampling program will be evaluated to determine if natural attenuation is occurring and at what rate, if necessary. The primary evaluation criterion is the overall attenuation of the dissolved-phase TPH, BTEX, and MTBE plumes. If attenuation is not readily apparent, a comparison of die concentration of election acceptors and reduction by-products to the dissolved-phase hydrocarbon concentration can be performed by means of contour maps and logarithmic graphs of electron acceptor concentration versus hydrocarbon concentration. If a relationship between electron acceptor and hydrocarbon concentration is estnblished, the concentration of electron acceptors can be used as a surrogate parameter for the evaluation of biodegradation. The groundwater wells proposed for inclusion in the Site closure monitoring program include MW-t, rvfW-4, MW-5, MW-10, MW-12, KMW-1, and MW-13 through MW-17. Water samples from these wells will be analyzed foe the field parameters, biogeochemical patameters, TPH, BTEX, and MTBE. 6.5.2 Soil As outlined in Section 6.2.1 confirmation soil samples will be collected from the sidewaUs and bottom (unsaturated) portions of the excavation. Confirmation samples will be analyzed for TPH, BTEX, and MTBE. A soil sample will be collected from each excavation sidewall and will be collected from the excavation bottom from approximate 15-foot centers. 6.5.3 Vapor One set of confirmation soil gas samples will be collected from vapor probes approximately one month after system shutdown. The location and number of proposed probes will be provided in a 200-1 BROWN AND CALDWELL '3 SECTION 7 fPROJECT(SCHEpUl4E * A Gantt chart showing rime lines and key milestone dates is provided as;:Figurel'3. Based on the time allotted for review and approval of this GAP by the DEH, Beld implementation is anticipated to start at the end of the fourth calendar Quarter of 2004 and to be completed by February 2006/ Following one full year of veriGcation groundwater monitoring and submitta! of a final Closure Report, regulatory closure by DEH'is'expected in;March 200?^'Preparation for Geldwork includes acquisition of construction and laboratory services, procurement of remedial equipment and •t supplies, application and issuance of required permits; Site preparation and utility clearance; and ^..rrjobilization. Initial fieldwork, including limited source area excavation and completion of initial Geld tests to confirm remedial effectiveness, will take approximately three months, after which routine operation and maintenance (O&M) of the groundwater systems will beg^^rTOTaliet;OSKPis''Js!'cheduled-to,8e complete in about 12 monthsfwith or without the use of enhanced groundwater treatment using one or more strong oxidizing agents. Since the need for enhanced groundwater treatment cannot be evaluated at this time, preparation of an application to the San Diego RWQCB for a WDR permit will commence immediately upon DEH's final approval of the CAP. After mid-2006 (when Hanson will no longer be operating on the Site), the only need for Site access will be to conduct periodic (quarterly) groundwater monitoring. Throughout the remedial action process, key milestone dates are projected to be: • Final CAP Approyed = October 15, 2004 • Initial Field Mobilization = December 2004 * Cleanup Complete and Verification Monitoring Begins = March 2006 ** Final Closure Report Submitted to DEH = January 2007 '• Regulator)' Closure = March 2007 p. .1 iatuun\:-m: CAI''-:-»VS: rmsi rv\p to DEIIcw.v-t.joc September 2004 BROWN AND CALDWELL IO * 2 a s __ 8 S 10 11 12 13 14 15 »e 17 it. is 20 21 23 ?4 io 31 3G ~3T~ JB 30 Task Nama rJuJanxi ConwcUva Action Pl»r. 112 days CAP prepBiftiiat ' OD easy? 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" 1ui' Vfficf' ""Tuavisnsl i;js«51 w«i" ' Tiw V2E/05 2/22*33 - W«J 2WQ5 " TyV '^ra- ^ : — «s30EMK- .zraa-psubn f /i i;2?j6s fu* Man -, ; -,;_ .-.•...'-..gfoiartHBl Tuv - Mon 1/9^' UvVl IfSTj? MOfl t/&Ai< Closure Report review by 0£H & ramo* 60ot»ys Mcnl«0? lrt3aJ07 Tinal Ckaum Ruport AppfOT*d? OOtfSIB f r"^7: *'n3fl*8* 2004 2OCS **^9D0.9*^ 4 * '3007 ./ : 1 + 8/10 t : CD CZD a 4- »2J2fl : f™] OpUonal Urt .| j O0km«I T«»» a a a o n ! 1 | | Optional TaU D D fl 0 D 0 fl if # •*•"' . Sf.lGURE-13' CAP IMPLEMENTATION HANSON CARLSBAD FACILITY PROJECT -i^OAU I PROCC1 WWIEFI"x"*" -JULY 2004 | 24982 HAHSON AMERICA RROWN iHn3701 HAYKAR DRIVE B K U H « AND CARLSBAD. CALIFORNIA CALDff ELL SAM PZSau. CAUFflntlLA gg^lMsflpn 3-11 the sparge wells to help prevent condensate formation, which may negatively affect the ozone generator and valvirig. • The treatment compound will house the modular ozone sparge unit which will consist of a turn-key, skid-mounted or trailer-mounted piece of equipment containing an air compressor, ozone generator, ozone flow regulator, telemetry and an on-board manifold equipped with 16 solenoid valves for directing and alternating ozone flow to the 16 sparge wells. Each ozone injection circuit will provide a steady flow of ozone to an individual sparge well. The unit requires 220- volt, single-phase power that will be run from the electrical power shack located on the east side of the maintenance shop (Figure 9). Power supply and meter installation will be performed by a Licensed electrical contractor under a permit obtained from SDG&E. The Model Hi-Pro25QO Ozone™ ozone generator, manufactured by Calcon, is capable of producing up to 2.5 pound per day of ozone with a maximum delivery pressure of approximately-80 pounds per square inch (psi) at an approximate maximum flow of 4 cubic feet per minute (cfm). The unit has programmable logic aDowtng flow and pressure specifications to be input and automatically maintained during operation between wells. -~" Based on review of the dissolved- phase hydrocarbon fuel extent, Brown and Caldwell has estimated the dissolved phase mass of MTBE and BTEX compounds within the remediation zone to be approximately 44 pounds. Given that the oxidation demand of ozone for MTBE and BTEX compounds is approximately 3.0 and 3.4 pounds of ozone per Ib of compound, respectively, Brown and Caldwell estimates that approximately 147 pounds of ozone is required for oxidation of these compounds. In addition, Brown and Caldwell estimates that an additional 400 pounds of ozone may be required as an allowance to react with other organic compounds and metals in the , the total ozone requirement is estimated to be approximately 550 pounds.'~** "* "\r*~--^ j .Using these assumptions, the ozone system pilot test duration is expected to be approximately £_ 7 months, with the^ysfem operating 24-hours:per day/ Based on dissolved-phase mass calculations and ozone demand calculations, it is anticipated that each well will need to receive ozone at a deliver)' rate of approximately 2 cfm per well to sufficiently degrade COCs in groundwater, promote enhanced biodegradation and overcome ozone usage by other electron donors (i.e., naturally occurring organic matter, iron, etc). A general layout of the sparge wells and ozone system is shown as Figure 9. Construction drawings showing the system layout, trench details, ozone generator layout and a generalized process flow and instrumentation diagram for the ozone generator are included in Appendix F. 3.5 SYSTEM STARTUP AND PERFORMANCE MONITORING After system installation is completed, Brown and Caldwell will perform initial startup and testing of the ozone sparge system. The objectives of this initial testing are to ensure that sufficient ozone is delivered to the contaminant mass in groundwater and to ensure that ozone and/or VOCs are not migrating to the land surface and being emitted into the atmosphere. The low flow ozone injection approach described below is intended to provide an adequate amount of ozone to carry out destruction of the COCs and promote enhanced biodegradation of the COCs due to the oxygenated environment created by die ozone. The low flow approach is nlso intended to produce minimal I':1 llanx'n'• I 2«H2\_Ph»«v• KU-Driinn' I BROWN AND C A L DTE L L Site Setting and Assessment History 2-9 14, whjch demonstrates its intermittent appearance at the Site. The highest detection in April 2004 (270 u.g/L) was In well MW-7 near the source area. Similarly to MTBE, future sampling events may better define TEA concentration trends with time. 2.8 *Et»RE*SKEE£lBB No specific property development plans for the future land use of the Hanson Carlsbad facility have beenestablished at this time, but;th&^|i£ijiJ?^^ Lajrid^genMal. open 'sp^e'wh^e 'die''cuJTehtzo.i^g'desig^'ati6ri-T6r"l:hds Aggregates Pacific Southwest, Inc. 2001). It is unlikely that a specific final Site use determination will be made for several years. Local property use includes several residences and businesses located within a one-half mile radius of the Site, East of the Site there are several businesses including a car dealership, gas station and supermarket, to the North and South of the Site there are housing developments, and to the West of the Site there is a single-residential house that is dependent on a domestic-use production well. Based on current information available, it is our understanding that lheAownecship_ofthe property %ffl:be^iari9fer^ed in juQ&2007r in thisIRAf' was prepared with the*" k 'irifention'tMt Site closure would be achieved by June 2007^' r'.H.m..n,i:r>»:,j'hi... .j iMraU i> A?-.rmiiii>gjy|ti£':••''< '""'•" human1 2<iD5 BROWN AND C'A't'D WELL 17 Ms. Laurie Apecechea July 11,2006 Page 2 of 7 Hanson America has been performing investigation and remediation activities at the Site since 1998, when diesel- and gasoline-impacted soil was detected during the removal of fuel tanks located on the northern side of the property (Figure 2). Based on the results of soil borings after the tank removal and quarterly ground groundwater monitoring, it was determined that remediation of both soil and dissolved-phase hydrocarbons would be required for the Site. Brown and Caldwell proposed a remedial strategy in an Interim Remedial Action Plan (IRAP) submitted to the DEH in January 20054. The remedial strategy proposed in the IRAP included source area excavation of both gasoline- and diesel-impacted soil and installation of an ozone sparge system to remediate dissolved-phase impacts to groundwater. •Source area^xcavaa^nSs^^fflt^^r^i^n^ipW^l^^s finished in March •2005. During the source area excavation, it was necessary to segregate soil to minimize the amount of soil that would be earmarked for on-site remediation. In the IRAP, Brown and Caldwell proposed segregating obviously impacted soil from less-impacted and overburden soil, based on Geld screening using a photo-ionization detector (PID) and sample results from an on-site mobile laboratory.|,Rlans for th^ excavatedsoil included tieatrnent of impacted soil on-site in passive bioremediatiorP treatment c,ells and reuse or restricted use for soil with zero-to-moderate impacts/ Sofl that was found to have no impacts was scheduled to be used in backfilling the excavation, and soil with moderate impacts would be characterized as fuel- contaminated soil (PCS) waste and stockpiled for future restricted use on-site. Based on previous assessment data, a total of approximately 7,700 cubic yards (yd1) of soil was anticipated to be excavated, including impacted soil and overburden soil. However, considerable additional excavation was required to remove the source area of impacted soil and, by the completion of excavation approximately 43,500 yd3 of soil was excavated. Of that total, approximately 18,500 yd3 was classified as un- impacted soil, approximately 6,000 yd3 was classified as "questionable" soil due to 1. noticeable hydrocarbon impacts, and aggrpjamately. 1.9,0.00,yd3 was, classified as; I impacted'soil 'due "to obvious, hydrocarbon impiactsf1 To store all of the excavatedfc^""" tT" —"~'..^_, .,,„„. -^ "•-•,•,< „.*... i,,,. ... 'I',..-., J- .' f",,J!.'^~:, —:,-..., -:J...,H t. .. '- 3|Ssoil, several stockpiles of soil were constructed. In total, eight stockpiles were created during the life of the project, including two stockpiles characterized by Geld screening as un-impacted ("clean") soil, three stockpiles characterized as moderately impacted ("questionable") soil, and three stockpiles characterized as impacted soil. The focus of this report are the "clean" and "questionable" stockpiles. Details regarding sampling and characterization of the impacted soil stockpiles will be included in other reporting efforts. The "clean" and "questionable" stockpiles' created during the excavation include the following (Figure 2): • Clean Stockpile #1 - Located south of the excavation, with a total volume of approximately 6,500 yds3, consisting of 13 ceils with 500 yd'1 in each cell. The stockpile was primarily composed of overburden soil taken from the 'iBci.'Xvn and Oildwell, 20('5. Interim [lemedml Action Plan (IRAP^ Hanson America Qtlslud F-,iciluy. DKH C-,H« No. HM25OT-WI. January. l':M'rni' ct> I l.nvi"it \ntuic.r I-"''-'! • OtW'.ul Ri-invi.li.iiiim I!' [IvlivvnhUV Kcp"rts\St»ckpilc Sampling Hanson Aggregates Pacific Southwest, Inc. September 23, 2002 3701 Haymar Drive, Carlsbad, California 92154 Page 5 7,0 STATISTICAL ANALYSES Statistical analyses were performed on the laboratory analytical data obtained from the stockpiled soil sampling operations in accordance with DEH's Site Assessment and Mitigation guidelines. The mean TPHg concentration was 0.65 ing/kg, and the upper limit of the 80% confidence interval was 1.13 ing/kg. The mean TPHd concentration was 342.77 mg/kg, and the upper limit of the 80% confidence interval was 449.50 mg/kg. The mean TPHd concentration in the TCLP extract was 15.10 mg/L, and the upper limit of the 80% confidence interval was 29. 1 9 mg/L. Stockpiled soil statistical analyses are provided in Appendix C. 8.0 DISCUSSION The results of soil characterization operations indicate that the stockpiled soil is not significantly impacted with gasoline compounds. The average concentration of TPHd in the samples recovered from the stockpile was 342.77 ing/kg. ,A4thpugh the laboratory analytical results J<?r §es?l.dqnqtmeet First or Secondary Tier conditions of the Califcffrt^rFfegional Water Quality ^p'rtfrolfgqgr^tCR WQCB) San Diego 'Region ResoiutianNo. 95-63, this soil appears suitable Tor: ^use"asTpao igas^iri association with constructiornjperatitfrErBemg conducted at the subjecf $||!i$y. According to Mr. John Odermat of CRWQCB, soil which does not meet Resolution No. 95-63 requirements can be used as fill material provided the soil remains on the property in which the unauthorized release occurred, and the disposition location adequately protects groundwater resources and public health. Mr. Odermat indicated that DEH has the authority to authorize the on-site disposition of the stockpiled soil. Ehe proposed. location fqrtfte ai||psi-titi'iv^th'fritbckpiledrsbilis beneath Marrpn .Roadf which is an asphalt concrete-paved extension of Lake Boulevard being constructed in the eastern portion >,/' of the property (Figure 2). .The stockpiled.'Sbi|.\yould:be''spread^pT6^ii^al?ly^ixv6^')s{o^lir?& J;-' (3) feet thick immediately,beneath the road base# The anticipated elevation at which the A "j A ' { stockpiled soil would be placed is approximately 150 feet above mean sea level (msl), which is \vVr 03 , estimated to be approximately 40 feet above the groundwater table. In,addition ^gjStpckpjledj -V || ,.vv- • .soil will: be ..placed: on top, of approximately, 45: feet .of compaction-certified fill, material? .l^.PtC^s Cf'' j)udjggn3e(iit),the use of the^stockpiled soil'.as fUlmaferial ;beneath a future road beneath the subject v ^rgggct^ adequately protects environmeSla"rTiealth and groundwater resources? PIC ENVIRONMENTAL SERVICES No Graphic Scile North PIC Environmental •SERVICES- HAN5ON AGGREGATES 370' Hoymor Drive Cailsbod, Colifotnio AERIAL PHOTO SHOWING APPROXIMATE LOCATIONS OF STOCKPILED SOIL AND PROPOSED DISPOSITION LOCATION ES8066 September 2002 Figure 2 20 I) KM'.VN •,-.!• f A L i) V, h 1. i. 9665 Chesapeake Drive, Suite 201 San Diego, California 92115 Tel: 858-514-8822 FUR 858-514-8833 wu-w.bFownandcaldwcil.com April 22,2009 Ms. Carol Fenner, PG Environmental Health Specialist County of San Diego Land and Water Quality Division Department of Environmental Health P.O. Box 129261 San Diego, California 92112-9261 1044/132590-002 Subject: Report of 1" Quarter 2009 Groundwater Monitoring and Site Remediation Activities Hanson America - Carlsbad Facility 3701 Haymar Drive, Carlsbad, California DEH Case Number: H02509-001 Dear Ms. Fennen On behalf of Hanson America, Brown and Caldwell is presenting this report summarizing the first quarter 2009 groundwater monitoring event at Hanson America's Carlsbad facility, located at 3701 Hayrnar Drive, Carlsbad, California, Assessors Parcel Number 167-040-21, hereinafter referred to as the "Site" (Figures 1 and 2). This groundwater monitoring event was conducted in general accordance with die County of San Diego, Department of Environmental Health (DEH) guidelines, and in accordance with the Contract for Service between Brown and Caldwell and Hanson America. Brown and Caldwell conducted the first quarter 2009 monitoring on March 16 through March 20, 2009. In total, the first quarter event included the gauging and sampling of 19 wells, considered strategic for evaluating groundwater elevations and geochemistry at the Site. Groundwater monitoring, sampling, and reporting were conducted in accordance with the following references: • Section 5 of the 2004 Site Assessment and MJtigadon (SAM) Manual developed by the DEH.' • The modified sampling schedule proposed and approved by the DEH via email on June 4, 2007 and outlined in die Report of Second Quarter 2007 Groundwater Monitoring by Brown and Caldwell (Table I).2 • The initial schedule proposed in the Interim Remedial Action Plan Report (IRAP), January 2005, by Brown and CaJdweU,* Investigations assessing the extent of hydrocarbon-impacted soil and groundwater have been conducted at the Site since the early 1990s. Initial investigation of the dissolved-phase hydrocarbon plume began after total petroleum hydrocarbons as dicsel (TPHd) and as gasoline ' San Diego Department of Environmental Health, l.nncl and Writer Quality Division. Site Assessment and Mitigation Manual. February 2004, 1 Brown and Caldvvcll. Report of Second Quarter 200" GroumKvaicr Monitoring, Munson America, 370) Haymar Drive, Carlsbad, California. July 2007. 3 Brown and Calclwell. Interim Remedial Accirm Plan tlHAP) Report, I Irmsim America, 3701 lUymar Drive, Carlsbad, California. Junuary 2005. i' i r a n at e H i i a r t r s ( a 11 i H ! / Ms. Carol Fenner, PG Department of Environmental Health April 22, 2009 Page 2 (TPHg) were detected in soil during the removal of eight underground storage tanks (USTs) in August 1998. In March 2001, Environmental Business Solutions (BBS) was hired to investigate the extent of groundwater contamination at the Site and perform quarterly groundwater monitoring. Thirteen monitoring wells, identified MW1 to MW13, were installed in March 2001 and quarterly groundwater monitoring was initiated in May 2001. During die May 2001 sampling event, liquid-phase hydrocarbons (LPH) were detected in groundwater in wells MW3 and MW7, To berter assess the extent of the dissolved-phase hydrocarbon plume, four more monitoring wells, MW14 - MW17, were installed in February 2003 and sampled for the first time in March 2003. Results of groundwater monitoring conducted from 2001 through 2003 • are summarized in quarterly groundwater monitoring reports prepared and previously submitted by BBS, and in die tables included with diis report to establish historical trends. Brown and Caldwell commenced conducting quarterly groundwater monitoring activities at the Site in April 2004. Based on the review of the historical groundwater monitoring data, Brown and Caldwell proposed modification to the sampling frequency for individual wells, which was approved by the DEH in late 2004. Th? sampling schedule was modified further in January 2005 to evaluate changes in dissolved-phase hydrocarbon concentrations in response to remedial activities at die Site. The revised sampling schedule included quarterly gauging and sampling of all monitoring wells, beginning with the first quarter 2005, and continuing during ongoing remedial activities through the end of 2005. In accordance with the January 2005 IRAP and Section 5 of the 2004 SAM Manual, monitoring wells MW2 and MW3 were destroyed after the first quarter sampling event of 2005. After completion of the second quarter 2005 sampling event, remedial activities started with source area excavation, which were conducted from June 2005 through March 2006. Due to expansion of the excavation area from original estimates proposed in the IRAP, monitoring wells MW1, MW7 and MW14 were destroyed during die first quarter 2006. These wells were replaced with four new monitoring wells, MW18 through MW21, installed on May 1 and May 2,2006. Monitoring wells MW18 through MW21 were sampled during die second quarter groundwater monitoring event. In late 2006, monitoring well MW12 was inadvertendy destroyed by a contractor during unrelated field activities. Proper destruction and replacement of die well was performed in January 2007. The replacement well is identified as MW22 (Figure 3). Between May 1 and May 4, 2006,16 ozone sparge wells were installed for groundwater remediation (Figure 3). The sparge wells consist of 1-inch casing with a two-foot long sparge tip that is constructed of a porous, PVC-like material that allows small gas bubbles to pass through into the groundwater. Installation of the groundwater remediation system was completed on August 31,2006, with a pilot test start-up on September 5,2006. Ozone was initially pumped into each well for approximately 3 hours; however, the treatment interval for selected sparge wells has been modified to improve system up-time and to increase ozone delivery in areas where periodic monitoring shows less rapid destruction of the volatile organic compounds (VOCs) of concern. At system start-up, weekly and monthly monitoring of selected wells, MW4, MW5, MW9, MW10, MW18, and MW20, was performed. Weekly monitoring occurred for the first four weeks of successful system operation and included measurements of dissolved oxygen (DO), pH, oxidation reduction potential (ORP), electrical conductivity (EC), temperature, and turbidity. VOCs, ozone, oxygen, and carbon dioxide were also measured from the top of the well casing as well as at three vapor probes that are placed among the sparge weOs. Monthly monitoring was conducted every month since the start of the ozone system and continued through the end of the pilot study, which was concluded at the end of January 2007, At that time, remedial action began using the ozone sparging system. Field activities and results from the first quarter 2009 monitoring event are summarized in the following sections and tables of this report. fOKVD> OISOIWE UUOEROKWXCsiodws TAJIK (usn FIGURE 1 AIR MONITORING STATIONS HANSOM AMERICA 3701 HAYMAR DRIVE CARISOAD. CALIFORNIA DROWN AN B CALDWELl t=enner, Carol // 03$ From: Miller, Jack Sent: Tuesday^december23, 200|t3:42 PM To: Compton, Candis E.; Sjoberg, Fran; Flannery, Kathleen; Kirk, Lesley; Miller, Linda S.; Ortiz, Moises; Cc: Untiedt, Sharon; Schmidt, Sonja; Wallar, Chandra Erbeck, Gary; McPherson, Mark; Lambert, Tom; Vernetti, Mike; Fenner, Carol Subject: Media Contact Deeterilber 23, 2008 ' Date 12/23/08 Spokesperson Section Jack Miller Reporter Medium Heather The Reader Publication Date to,.w*f 12/24/08 TopicS53T Contaminated Site I confirmed that there is fuel contamination at the site referred to as Hanson Aggregates at 3701 Haymar, Carlsbad. I also confirmed that contaminated soil that is covered is t. being bioremediated, , ;_ \ 12/26/2008 777 FINAL DRAFF mtbcJlnaldrafUoc FINAL DRAFT 03/27/00 Guidelines for Investigation and Cleanup of MTBE and Other Ether-Based Oxygenates Overview This document has been developed in response to Executive Order D-5-99 and Senate Bill 989 (Sher -- Chapter 812, Statutes of 1999). It is intended to assist managers and staff at state and local regulatory agencies with the task of overseeing the investigation and cleanup of sites where there have been or may have been releases of MTBE-laden petroleum. This document will serve as a basis for reporting to Cal/EPA and the legislature regarding progress made on cleaning up MTBE. The essence of this document is the understanding that the standard approach for dealing with petroleum releases employed over the past decade will not suffice for MTBE, because unlike traditional petroleum constituents such as benzene, MTBE moves quickly to pollute water and is slow to degrade in the subsurface environment. Response time is critical for MTBE. A quick response to a release greatly increases the ability to check the spread of the MTBE and to clean up the mass of the release. Because time is critical, regulators will need to prioritize their cases and give first attention to those that pose the greatest risk to groundwater. It is also expected that there will be more need for vertical definition of MTBE plumes and more reliance on active cleanup technologies, such as soil vapor extraction, in situ groundwater remediation, and groundwater pump and treat systems, than there has been for non-MTBE petroleum.& Lead agencies are expected to understand the extent of MTBE releases in their jurisdiction, the proximity of those plumes to nearby receptors (ie. drinking water wells and surface water supplies), and the approximate travel time for the plume to reach the receptor. With this information, lead agencies will be able to direct resources to those sites where the plumes are most likely to impact a nearby receptor. A two-phase priority classification system to allocate resources during investigation and cleanup is presented to help accomplish that task. Technical references are included. This document does not address the question of when to cease corrective action at an MTBE site. Existing SWRCB policies and resolutions provide guidance for determining the appropriate conditions for site closure. Introduction Executive and Legislative Mandates Governor Davis issued Executive Order D-5-99 on March 25, 1999, and signed Senate Bill 989 on October 8, 1999. These documents recognize that if not managed properly, MTBE can cause significant adverse impacts to current and future beneficial uses of ground and surface water. The Executive Order contains eleven items that include tasks for various state departments and boards. Among these, item 8 directs the State Board to proceed to identify areas that are most vulnerable to MTBE, prioritize resources, and-to provide guidelines for the cleanup of MTBE in groundwater. FINAL DRAFT FINAL DRAFT Page I of 20 I On Wed, 7/22/09, Fenner, Carol <Carol.Fennei-@sdcounty.ca.gov> wrote: From; Fenner, Carol <Carol.Fenner@sdcounty.ca.gov> Subject: H02509-001: Hanson America Update To: annhhallock@yahoo.com Cc: "Vernetti, Mike" <Mike.Vernetti@sdcounty.ca,gov> Date: Wednesday, July 22,2009, 10:55 AM Hi, Ann, Mike Vernetti is out of the office this week, so he forwarded your email to me so that I could address your concerns. Regarding the MCL for MTBE; MCLs are federal and State maximum contaminant levels for drinking water (they do not apply to soil). The Primary MCL for MTBE is 13 micrograms per liter; however, because the Hanson site is in a groundwater basin designated for beneficial use (including municipal, agricultural, and industrial supply), the Secondary MCL applies for drinking water taste and odor considerations. The secondary MCL is 5 micrograms per liter. ("f.t'i of.','']. '!•<'.'! i n.er. '/'.<'/. &7VJ3 'il-(;-/'-honc: f^i-'r) ^-v.-;;;;, County of San Diego: Methy-tertiary-butyl-ether (MTBE) Page 1 of 3 -m «- * u A jo i in ATIMetliy-tertiaiy-butyl-emer " *^ A- A- A What you need to know about MTBE CHj I wiiat Jlusi Be.Done Maximum Contaminant t,evgjg, • | CH3--C--O--CH3 earch, at Cases yc,p.ayjs Prionlijal:lpn.pLMTBg MJ8J. Research, at i Physical j!_roRer):ias. What You Should Know Methyl-tertiary-butyl ether (MTBE) Is a fuel oxygenate added to gasoline to reduce air pollution and Increase octane ratings. Widespread use of this chemical since the 1970s has resulted in frequent detection of MTBE in shallow groundwater in San Diego County. On March 25, 1999 Governor Davis issued Executed Order D-5-99, and signed Senate Bill 989 (Chapter 812, Statues of 1999) on October 8, 1999. These documents recognized that Methyl-tertiary-butyl ether (MTBE) can cause significant adverse impacts to current and future beneficial uses of ground and surface water and direct the SWRCB to develop guidelines for investigation and cleanup of MTBE in vulnerable areas. In accordance with the Health and Safety Code, Section 25299 which became effective January 1, 2000,|all sites, >j!^,^^SSI^u0&J^ fbeneficiar.grQund'and surface watery. • • «'-<•••- What Must Be Done r Groundwater resource areas in San Diego County are very diverse. These areas include: alluvial deposits along streams and rivers; sedimentary formations; and fractured crystalline rock, .Consequently,,, the vu|n;K<yj''tty,2f .these resources must.be evaluated ,on_3 site-by-site ^as\s.^emB\n~'^t^^^W^^frr^^^ijm^^^^ 4?d£!^J&sJS,^fer u.n^' Once it has been established that the site is in a vulnerable area, the distance to the nearest receptor must be determined. Receptors are defined as drinking water wells and surface water sources currently being used. Drinking water wells in San Diego County include public, private or irrigation wells. Under current State guidelines, the distance to the receptor and the concentration of MTBE at the site are the determining criteria for classification of a site. The assumptions used for the State guidelines are very conservative and may result In a higher R.rionty_cias.sjficai!sn. When enough site-specific data is available, it may be possible to re-classify a site to a lower priority. The site-specific data would include; rate of movement of MTBE in the subsurface between the site and receptor; degradation rate of the MTBE at the site; and establishing the time needed for MTBE to reach the receptors. Resources will be directed to those sites that pose the greatest and most immediate threat to the receptors. Sites which are determined to pose the greatest threat will be tracked more cioseiy to assure a timely and effective investigation. Prioritization of MTBE Cases County of San Diego: Methy-tertiary-butyl-ether (MTBE) - Page 2 of 3 Lead agencies such as the San Diego County Department of Environmental Health are tasked with the responsibility to oversee the investigation and cleanup of sites where there have been or may have been releases of MTBE. As lead agency, the Site Assessment and Mitigation Program (SAM) must examine cases that are located in areas most vulnerable to groundwater contamination and classify them based on concentration of MTBE contaminants and distance to receptors, The distance from the contaminant source to the receptor is used to Initially estimate the level of risk posed to drinking water sources. Requirements of the Responsible Party As a responsible party, you are required to determine the distribution of MTBE in the subsurface and identify nearby receptors and the potential for migration of MTBc to receptors. Iriy^stigatign.Prtprity_Cjassiflcatlon One of our primary tasks is to assign an investigation priority classification to each site. Assignment of an investigation priority classification is based on the distance of MTBE contaminants to the nearest receptor. Sites that are determined to pose the greatest threat will be given the highest priority. These sites must be tracked more closely to assure a more timely and effective investigation. Sites are classified with A being the highest priority and D the lowest in priority. DEH will conduct case review and send directive letters within 30 days of notification of an MTBE release. The following is the initial investigation priority classification system established by the SWRCB in their guidelines: Site Classification Regulatory Response Timing Determine cleanup priority classification as soon as possible, not Class A: later than one year after notification or discovery of MTBE release. Determine cleanup priority classification within two years after notification or discovery of MTBE release. . Determine cleanup priority classification within three years after notification or discovery of MTBE release. Not located in an area that is most vulnerable to contamination and has concentrations of MTB£ in groundwater over 5 ppb, Determine cleanup priority classification within five years after notification or discovery of MTBfi release. If wells are suspected to be in the area but their exact locations are unknown, the site will t>e given a higher investigation priority classification rather then a lower classification until more information becomes available. The investigation priority classification may be decreased If It becomes apparent through an assessment investigation that the site does not pose a threat to nearby receptors. Cleanup Priority Classification Assignment of Cleanup priority occurs after sufficient data has been collected to estimate the travel time for the contaminant plume to reach a receptor but not more than the time specified in the Priority Classification. At that time in the process, the site is given a priority for remediation based upon the estimated plume travel time to the nearest down-gradient receptor, or other criteria determined by DEH. Si 7 County of San Diego: Metliy-tertiary-butyl-ether (MTBE) Page 3 of 3 Estimating the approximate travel time for a contaminant plume to reach a nearby receptor is a key part of the investigation. DEH will work with you and your consultant to evaluate travel time. This estimation will serve as a basis for the next step in the process,'assigning a cleanup priority classification. The following Is the cleanup priority classification: Classification Regulatory Response Timing Grountiwater MTBE plume travel time to nearest downgractient receptor: <CI3S5 1* _5 years Implement remedial action plan as soon as possible, not later than 1 year after determination of cleanup priority class. Groundwater MTBE plume travel time to nearest ciowngractient receptor: >CJ3SS Zl _5 years and < 20 years implement remedial action plan within 5 years after determination of cleanup priority class. Groundwater MTBE plume travel time to nearest downgradient receptor: > Class3: 20 years Direct cleanup resources to these sites after sites in classes 1 and 2 have been addressed. The C§)Jfornia.JJnd,eicjjpj)iid._aor5ge,l3nk.Pip^rarn can provide more information regarding the guidelines entitled, Final Draft Guidelines for Investigation and Cleanup of MTBE and Other Ether-Based Oxygenates State of California Draft Guidelines on MTBE. Corrective Action When DEH determines that a site requires remedial action, those actions must be taken expeditiously. In general, the type of response actions taken at MTBE release sites will be similar to the type of actions taken at ., traditional petroleum releases. The primary difference is that responses to MTBE will need to be swifter and •' more aggressive to reduce the spread of MTBS to a wider area. Cleanup Fund TM-Und.ej5raUQc|_Sjciragg^ariHj;Le.ar|.gp.J?u.QsJ which is administered by the Division of Clean Water Program is tasked to respond in a timely manner to meet the time frames specified for higher priority MTBE cases. If you have any questions, please contact Allen Ration at (916) 341-5250 at the State Water Resource Control Board. Maximum, Contami Methyl-tertlary-butyl-ether^MTBEp Primary, MCI ........ 13 Mg/T Secondary MCL ^ * 5,ug/j' tf)CO s=o o Q) g o O 9665 Chesapeake Drive, Suite 20! Sin Diego, California 92115 Tel: 858-514-8822 F«: 858-514-8833 unvw.brau-nandcaJdwe3J.com April 22,2009 Ms. Carol Fenner, PG Environmental Health Specialist Count}' of San Diego Land and Water Quality Division Department of Environmental Health P.O. Box 129261 San Diego, California 92112-9261 1044/132590-002 Subject: Report of 1" Quaner 2009 Groundwater Monitoring and Site Remediation Activities Hanson America - Carlsbad Facility 3701 Haymar Drive, Carlsbad, California DEH Case Number H02509-001 Dear Ms. Fenner: On behalf of Hanson America, Brown and Caldweil is presenting this report summarizing the first quarter 2009 groundwater monitoring event at Hanson America's Carlsbad facility, located at 3701 Haymar Drive, Carlsbad, California, Assessors Parcel Number 167-040-21, hereinafter referred to as the "Site" (Figures 1 and 2). This groundwater monitoring event was conducted in general accordance with the County of San Diego, Department of Environmental Health (DEH) guidelines, and in accordance with die Contract for Service between Brown and Caldweil and Hanson America. Brown and Caldweil conducted the first quarter 2009 monitoring on March 16 through March 20, 2009, In total, the first quarter event included the gauging and sampling of 19 wells, considered strategic for evaluating groundwater elevations and geochemistry at the Site. Groundwater monitoring, sampling, and reporting were conducted in accordance with the following references: " Section 5 of the 2004 Site Assessment and Mitigation (SAM) Manual developed by the DEH.' • The modified sampling schedule proposed and approved by the DEH via email on June 4, 2007 and outlined in the Report of Second Quarter 2007 Groundwater Monitoring by Brown and CaldweU (Table I).2 * The initial schedule proposed in the Interim Remedial Action Plan Report (IRAP), January 2005i by Brown and CaldweU.3 Investigations assessing the extent of hydrocarbon-impacted soil and groundwatet have been conducted at the Site since the early 1990s. Initial investigation of the dissolved-phase hydrocarbon plume began after total petroleum hydrocarbons as diesel (TPHd) and as gasoline 1 San Diego Department of Environmental Health, Land and Water Quality Division. Site Assessment and Mitigation Manual. February 2004. 2 Brown and CaldweU. Report of Second Quaner 2007 Groundwaier Monitoring, Hanson America, 370! Haymar Drive, Carlsbad, California. July 2007. 3 Brown and CaldweU. Interim Remedial Action Plan (IRAP) Report, Hanson America, 3701 Haymar Drive, Caclsbad, California. January 2005. E 11 !' i r e a ill e n I a I I". >i t t » i t r i & Consultants Ms. Carol Fenner, PG Department of Environmental Health April 22, 2009 Page 2 (TPHg) were detected in soil during the removal of eight underground storage tanks (USTs) in August 1998. In March 2001, Environmental Business Solutions (EBS) was hired to investigate the extent of groundwater contamination at the Site and perform quarterly groundwater monitoring. Thirteen monitoring wells, identified MW1 to MW13, were installed in March 2001 and quarterly groundwater monitoring was initiated in May 2001. During the May 2001 sampling event, liquid-phase hydrocarbons (LPH) were detected in groundwater in wells MW3 and MW7. To better assess the extent of the dissolved-phase hydrocarbon plume, four more monitoring welJs, MW14 - MW17, were installed in February 2003 and sampled for the first time in March 2003. Results of groundwater monitoring conducted from 2001 through 2003 • are summarized in quarterly groundwater monitoring reports prepared and previously submitted by EBS, and in the tables included with this report to establish historical trends. Brown and Caldwell commenced conducting quarterly groundwater monitoring activities at the Site in April 2004, Based on the review of the historical groundwater monitoring data, Brown and Caldwell proposed modification to the sampling frequency for individual wells, which was approved by the DEH in late 2004. The sampling schedule was modified further in January 2005 to evaluate changes in dissolved-phase hydrocarbon concentrations in response to remedial activities at the Site, The revised sampling schedule included quarterly gauging and sampling of all monitoring wells, beginning with the first quarter 2005, and continuing during ongoing remedial activities through the end of 2005. In accordance with the January 2005 IRAP and Section 5 of the 2004 SAM Manual, monitoring wells MW2 and MW3 were destroyed after the first quarter sampling event of 2005. After completion of the second quarter 2005 sampling event, remedial activities started with source area excavation, which were conducted from June 2005 through March 2006. Due to expansion of the excavation area from original estimates proposed in the IRAP, monitoring wells MW1, MW7 and MW14 were destroyed during the first quarter 2006. These wells were replaced with four new monitoring wells, MW18 through MW21, installed on May 1 and May 2,2006. Monitoring wells MW18 through MW21 were sampled during the second quarter groundwater monitoring event. In late 2006, monitoring well MW12 was inadvertently destroyed by a contractor during unrelated field activities. Proper destruction and replacement of the well was performed in January 2007. The replacement well is identified as MW22 (Figure 3). Between May 1 and May 4, 2006,16 ozone sparge wells were installed for groundwater remediation (Figure 3). The sparge wells consist of 1-inch casing widi a two-foot Jong sparge tip that is constructed of a porous, PVC-like material that allows small gas bubbles to pass through into the groundwater. Installation of the groundwater remediation system was completed on August 31, 2006, with a pilot test start-up on September 5, 2006. Ozone was initially pumped into each well for approximately 3 hours; however, the treatment interval for selected sparge wells has been modified to improve system up-time and to increase ozone delivery in areas where periodic monitoring shows less rapid destruction of the volatile organic compounds (VOCs) of concern. At system start-up, weekly and monthly monitoring of selected wells, MW4, MW5, MW9, MW10, MW18, and MW20, was performed. Weekly monitoring occurred for the first four weeks of successful system operation and included measurements of dissolved oxygen (DO), pH, oxidation reduction potential (ORP), electrical conductivity (EQ, temperature, and turbidity. VOCs, ozone, oxygen, and carbon dioxide were also measured from the top of the well casing as well as at three vapor probes that are placed among the sparge wells. Monthly monitoring was conducted every month since the start of the ozone system and continued through the end of the pilot study, which was concluded at the end of January 2007. At that time, remedial action began using the ozone sparging system. Field activities and results from the first quarter 2009 monitoring event are summarized in the following sections and tables of this report. On Wed, 7/22/09, Fenner, Carol <Carol.Fennei-@sdconnty.ca.gov> wrote: From: Fenner, Carol <Carol.Fenner@sdcounty.ca.gov> Subject: H02509-001: Hanson America Update To: annhliallock@yahoo.corn Cc: "Vernetti, Mike" <Mike.Vemetti@sdcounty.ca.gov> Date: Wednesday, July 22,2009, 10:55 AM Hi, Ann, Mike Vernetti is out of the office this week, so he forwarded your email to me so that I could address your concerns. Regarding the MCL for MTBE: MCLs are federal and State maximum contaminant levels for drinking water (they do not apply to soil). The Primary MCL for MTBE is 13 micrograms per liter; however, because the Hanson site is in a groundwater basin designated for beneficial use (including municipal, agricultural, and industrial supply), the Secondary MCL applies for drinking water taste and odor considerations. The secondary MCL is 5 micrograms per liter, i'.Y.n oOl. ,'/>•:/i.r/.er. '!' (j. 7^^.23 '')'.'.'';/ .Vife /I ? :">.',?.•> j HI.•)•]/' Mini, l^iit iijat i(>ii 'Of I- '^5 ^inj'ci ii-ii .'-I'v^/uK'. 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T" §o •*-<12•M oo oO OO •o 0)I CO< 0) 3D) il £i- 1(1 (-3/Sn) « 1pj UC 3S O s *Detected• •Not DetectedO c Eiict Excavation1 I j *&"" ie Ua I t C O*33 f Water Level Elei* = 12 £ ™* WJ 6i 1 i '^ a tta. a.T V3 1 1 1 (iSVl "'J) CO T~ co1 •*-» 0)U oo OO TJ CO 1 OI S 0) .D> iZ o h- inr- o Qtu> 8 —i O O ~ /O en T- &c IcQ) Ocoo o O TJ CO 0) Q) TO 101 f I § a 1 E 3Q 2 iS a! i I i o 1 Ul OCO CO jT> O 1 - .4-— u-ivs i, , OO . B 1 u-u1 2 O I tQ O5 in oO O 1 O14-4 Q> U <§ O O •o 0) (0 I TOil Or-ffsO H H. ejII I BQto "a. t-< o O ~ (-j/3n) UOJ1WJU33U03 CM os SS I«M* d>O oo OO TJ ra "53 tu 05 ID) IT co'£7! I"13 y "O w H S Q a Q 2 a • • O' Me" 2) '3 1 I"* w •^ K l« c -3 C 8o 3 « |W c H 'Eo '§) i I g 1 1 i 1 *i : 1 1 ClSW -' 3 vo^ CO M oCO m or- r-s ' i 'O ?^ 0 3 II 00 "V1^ inV3 OvO ? CO § IfU" V * H M ^' K V -><- '& rtC. S a i2 Qcm •» "H.5 eo rjl^ too oo tr.•— o o ~ 13 1 O 1>»^ 0)uCO O O O TJ C9 1 3(5*^n) CO I D)E L i • BenzeneNot Detected1 O c 'Begin Excavatio:i 1 i tc,c*&cr I I1 1 J a : o•a ,9 I •Water Level Elci¥ g 1S H "* U J 5a N S ar .r5l t*o L S.^ to11I 'U) O NO —r- ~-i no Q <•« o O " (q/Sn) APPENDIX M: STATE MTBE DRAFT GUIDELINES Figure 1. - Investigation Priority Class (A, B, or C) (Sites Located in Most Vulnerable Areas) note: log/log scale 10000 oaS ou 19 1000 100 10 100 1000 10000 Max. LUFT Site Groundwater MTBE Concentration, ppb 100000 Step 3. Interim Remedial Action * Sites with high concentrations and a large release mass should have those concentrations and mass reduced before the plume can spread regardless of their priority classification. For example, sites with free product or persistent concentrations over 10,000 ppb MTBE in the groundwater are candidates for source area remediation as an interim remedial action. Long-term impacts to water quality and financial resources are likely to be reduced if interim remediation is performed in these situations. If the MTBE plume imminently threatens a well, interdiction wells to contain the plume may be necessary. Conversely, if the investigation data indicate a low potential threat, either because the mass of MTBE released is small, migration to drinking water wells is highly unlikely, or other relevant factors exist, then this interim remedial action would not be necessary. The SCM is updated with any new data that is collected while taking interim remedial actions. It is extremely important for the agency providing cleanup oversight and the lank permitting agency to work together to identify the source of the MTBE in the subsurface (tank, pipe joint, spill bucket, surface spill, etc.) when an ongoing release is suspected at an operating UST. If this step is not completed and an ongoing leak is allowed to continue, the potential success of any attempted remediation will be reduced. A summary of suggested methods for determining the source of Icnks in tank systems is included in Appendix D. Step 4, Site Characterization/Determine Plume Travel Time In this step, additional data is gathered regarding the distribution of contaminants in the subsurface, the location of any nearby receptors (drinking water \vclls or surface water sources), and the potential for Page M-8 2.18.2004 : SAM Manualj ru ttT OOOE//IA EXHIBIT 7G I _J _ _^ hecby support the preservation and protection of the Buena Vista Valley, and insist the city government recognize the hTsTefffcal, cultural^ Wildlife corridor, cu rre ntly th reatened by the vvSmart<Browth "- development proposa I . Ijvu- f l^ro Age nn n 16 /7 llo 18n Years as a Carlsbad Resident n : n \'. iI ^ K V5Tnn G\\ heeby support the preservation and protection of the Bueria Vista Valley, and insist the city government recognize the historical, cultural, and environmental benefits of this wildlife corridor, currently threatened by the "Smart Growth" development proposal. Years as a Carlsbad Resident V? .3 3 /7 o n ( 1 1*.- /UE.O I I j hesby support the preservation and protection of the Buerja Vista Valley, and insist the city government recognize the historical, ^u I tura^^ currently threatened by tfre "Smart Growth" development proposal. Namfi_Age \1 C VM 17 17 n \7 \i bw Years as a Carlsbad Resident if 17. Y \\ 17 n n 9 10 Hoi 4 £.O I j _ . heriby support the preservation and _proteqtiqn of the Bueria Vista Valley, and insist the city government recognizeThe l7lTu1 tu raT/^a currently -threatened- by the "Smart Gro wtrr" d evelopmen t proposal . Age ifttutM 6^3*, , I i . I—. 1 . >;v f£fvk- v^t«JL lA^vvv, HI\U^ 1V" acer 4V 93n H 10- |2-n I I / N10 4,-E.Q Sljpport the preservation and protection of the Buena Vista Valley, and insist the city government recognize the , historical, cultural, ahcJ erWifonmental benefits of this wildlife corridor, currently thfeatenecHDy the "Smart Growth'' development proposal; Age ,(&r i>wisnIT- 17 n j? .& QU ^ /"?- \3r I'lD ^/(^n r^ 16 Years as a Carlsbad Resident 5 17 b 10i - \Q U\K MO: A I ••' _ heEbv suPP9rtthe preservation and protection of the Buerja Vista Vaftey, and insist the city government recognize the fiistopra17cul^ currently threatened by theAV^mart Growth"development-proposal: _JVajn4 Tz^l CiXMWtk CtffriWV] ^%A^>]^^^^ &.~.^t Ib? 5 /5 16 \'o (•5 (6 n \2 \\ I?n Years as a Carjsj^(dl.R(esMteiit 4 \ /2 16 15 n 15 15 17 5 MOu O I j __ _ heeby support the preservation and protection of the Buena Vista Valley, and insist the city government recognize histchcal7 cultufat, and envifonmental benefits of this wildlife cofridor, currently threatened by the "Smart Growth^developrnent proposal; : Nam Years as a Carlsbad Resident Ho..n- IB VI 5- 15. n MO: i I _!_:-_2.-'.. hedDy support the preservation and protection of the Buerjcr Vista Valley, and insist the city government recognize the hTsWcS^curturaT, and environmental benefits of this wildlife cbmdor, currenttyTthreatened by the "Smart Growth" development~proposat. Pi 16 n Ife B,H 1C Years as a Carlsbad Resident *\i(p /fc •\^. 5 \ A- iG 3 Mo- A,E.<O I 1 heieby support the preservation §nd protection of the Bueria Vista Valley, and insist the city government recognize the Tiistoricar, cuTturaT,andlsnvrronmenta^ currently threatened by the "Smart~Growtrr"de\re1x^nrrent proposal —i— -- —- - •• • • "• " ~" " ' ""- """ "~i Nami__ ^_ a- Age Years as ia.Carlskad Resident £> ; i and *\O..?L ..[ShannOn. 17 17nn i 2_ r I C~>- n .11.n A_ -w/ 4o" m V A i j ___1 henby support tne_ Pr^l7at'on a^^ P1"?^0^011 pf tne Bueha Vista Valley, and insist the city government recognize the "environmentattlenefitsi of tliis WTIdtffe cofn^or, t-^rowth^devetopment-i^roposatr—- Mmim. ix) atiro\15 15^$> \3 ^.- A.E.O I j heic-by support the preservation and protection of the Buerja Vista Valley, arid insist the city government recognize the histdricaly cultural, and environmental benefits of this wildlife corridor; curr4fttly-thFeatenedby the -Smart Growth" development proposalr Name Age"Years as a Carlsbad Resident 5 \5 it lO \nn 10 I i hepby support the preservation and protection of the Buerla Vista Valley, and insist the city government recognize the MstqricaT/cultura currently threatened by the lvSmart<3rowth''deyeh^^ .Q3.rrf.Cio a Age15 IT 16 16 /I \T 1-7 Years as a Carlsbad Resident 11 3ID b<H II 1 1 n I S i. I j — neEby support the preservation aridjjrotection of the BueHai Vista Va I ley, and insist the city government recogniz£ the w Carlshad_Residejit 3S* Ifr I __J ___he^v_supPOrtJh^£re^ryatiQn and protection of the Bueria Vista^Vaijey^nd insist the city governrnent recognize the TnsfcjncaTTcuR^ curr^ntty-threatened by the "SmartGrowth" xJevelopmentproposatT Kami Age _. _•&_ Years ais a CadsJbad Resident V I ,^ heifby support the preservation and protection of the Buena Vista Valley, and insist the city government recognize the historical,"cultural,aricr envTfonrhentaT Benefits of this wildlife corridor, currently threatened by the "Smart Growth" development proposah ^ - Age ifa. Years as a Carlsbad Resident A.E.O I her&y support the preservation and protection of the Buena Vista Valley, and insist the city government recognize the historical, cultural, and environmental benefits of this wildlife corridor; currently threatened by the "Smart Growth" development proposal. Name Years as a Carlsbad Resident 17n V7 ID.mm? DWQW 5 n \i tr n iWK.n /3 n n 16 16 Costal i n 4- if -7 8 2 IS" <0 EXHIBIT 7Hi City of Oceanside Office of the City Manager Memorandum To: Honorable Mayor and City Councilmembers From: Peter A. Weiss, City Manager \\ \M0 Date: April 11,2008 Subject: McMillin development/ Carlsbad Quarry Creek Proposal On Thursday, April 10,2008, staff met with representatives of the McMillin Land Development Company. The purpose of the meeting was for McMillin to present their concept development plans for the Quarry creek site in Carlsbad. McMillin is under contract to purchase 157 acres of property. The purchase contract is effective upon completion of the mining reclamation activities. McMillin has already started the development process with the City of Carlsbad by submitting their Master Plan/pre-filing documents. McMillin has indicated that their proposed development would be a residential project _vnth_ajnaximum of 600 units. The site would support 350 units at 20 units per acre densities and 250 units at 12 units per acre densities. The McMillin representatives stated that they have been meeting with various interested parties and stakeholders to review their proposed development. McMillin indicated that it does not appear that Marron Road will be connected between College Boulevard and El Camino Real. This would result in all the traffic from the project impacting College Boulevard in Oceanside. McMillin indicated that the project would adequately mitigate any traffic impacts that would be created by.thejjipject. The key issue raised by City staff was the need to provide public.safety _services_to a residential developmentrlt appears unlikely that the City of Carlsbad would provide services to the^proposed development area in a timely manner and would have to be provided by OceansideT'City staff indicated to the McMiiim j^esentatives that staff would not support any type of residential project ± ' If _pjace additional burdens on the City of Oceanside particularly in the absence r-f •>•••-• funding to offset the impacts. L )\ EXHIBIT 7HN Seaioa 3.0 - Pnjea Devrzft* vegetated areas to re-establish after planting and minimize the need for future disturbance of thes< eas. nticipated infrastructure types that are taken into consideration by the 2007 Amended Redamarioa tan include the following: Streets. Current access into the property is from Haymar Drive. Access for future land uses may also be provided from Haymar Drive and/or the future extension of Matron Road from its current terminus at me westerly edge of the project site within the Quarry Creek Shopping Center across the project site, as shown on the Cari$bj"t Circulation Element. The alignment of the future extension of Matron Road is not being determined or fixed based on this amended reclamation plan. Precise alignments would be evaluated at the rime of future land uses. The 2007 Amended Reclamation Plan, however, is designed to provide a suitable elevation to connect with Macron Road to the east of die project she. The sice would be graded to accommodate future street construction between the creek and the south slope in accordance with City of Carlsbad criteria for design and alignment of the future Matron Road segment. > Drainage Facilities. The permanent storm drain outlets and riprap areas at the creek are sized for potential future developed conditions so that they would not have to be reconstructed after revegetation. As part of the sizing calculations for ultimate conditions, high runoff coefficients were used to assure that sufficient capacity is provided. * Sewer Sleeve Location. The drop structure and riprap at the western end of the creek channel would be underlain by a sleeve structure that would accommodate a future sewer connection for the pad to the south of the creek. Because it is currently undetermined whether any new sewer line might be constructed on the sooth side of the creek, a provision to utilize the existing sewer tine on the north side of Buena Vista Creek has also been incorporated into the amended reclamation plan. Construction of the sleeve during implementation of the 2007 Amended Reclamation Plan would not change the reclamation design, but would provide an opportunity to avoid future disturbance or impacts to the revegetated areas adjacent to the creek and pond in conjunction with any future land uses. * Vehicular/Pedestriac Creek Crossing. If a future vehicular and/or pedestrian crossing is determined to be necessary between die south and north sides of the creek in conjunction with future development, one could be provided in the area of the drop structure location, which would likely avoid or minimize any potential impacts to the revegetated creek areas. 3.3-6 Schedule Phase 2B would begin within 15 months after the approval of the 2007 Amended Reclamation Plan and is expected to be completed after approximately 9 months. Phase 3 is expected to begin within 20 months of receipt of all necessary agency permits, which are anticipated to be completed within 6 months following approval of the 2007 Amended Reclamation Plan. Phase 3 is expected to be completed after approximately 12 months. Phase 4 would begin within 16 months after the approval of the 2007 Amended Reclamation Plan and is expected to be completed after appnaamaceh/ 14 months. The maintenance and monitoring of revegetated areas would occur on site for a minimum of five years. Lin , EXHIBIT 7Hiii REVISED PROPERTY RANKING WITH ADDITIONAL CITY COUNCIL NOMINATED AREAS Original Committee Ranking (total ot 13 "properties") 1 2 2 4 5 5 5 8 9 10 11 12 South Coast Quarry Sherman Property (trail) Calavera Hills Village H County Airport Property Kato Property Mandana Property CUSD High School Site Lubliner Property (trail) Rancho Carlsbad Property Mitsuuchi Property Murphy Property, Poinsettia Vernal Pools 13 Brodiaea Preserve Revised Rankinq (includinq Council 1 2 2 4 4 6 7 7 7 10 11 South Coast Quarry Sherman Property (trail) Calavera Hills Village H Sunny Creek Properties S. Agua Hedionda Properties County Airport Property Kato Property Mandana Property CUSD High School Site Lubliner Property (trail) Rancho Carlsbad Property 175 points 173 points 173 points 170 points 168 points 168 points 168 points 1 56 points 146 points 145 points 143 points 102 points 82 points nominations - 16 "properties'') 1 75 points 173 points 1 73 points 1 72 points 1 72 points 170 points 168 points 1 68 points 168 points 156 points 146 points \\r<111) EXHIBIT 8A Debbie Fountain - Re: CITY OF CARLSBAD | CONTACT US From: "Mike Bullock" <mike_bullock@earthlink.net> To: "Debbie Fountain" <Dfoun@ci.carlsbad.ca.us> Date: 2/12/2009 10:05 AM Subject: Re: CITY OF CARLSBAD | CONTACT US Debbie, For who I am, please reference the message below. Please forward my request to the Housing Commission to please do ail in its power to preserve the El Salto waterfall and the Buena Vista Creek Valley. Thanks and high regards, Mike Bullock PS: I always tell everyone of your wonderful work on the Urban Village Plan. Original Message From: Debbie Fountain To: mike bullock@earthlink.net Sent: Wednesday, October 24, 2007 3:49 PM Subject: Re: CITY OF CARLSBAD | CONTACT US See you then. >» <mike_bullock@earthlink.net> 10/24/2007 2:47 PM >» A visitor to the City of Carlsbad Web site has completed and posted the "Contact Us" form to department, Housing and Redevelopment. ** * ******************* ********************** * * FOR SECURITY REASONS, DO NOT CHANGE THE SUBJECT LINE.********************************************** Below, please find the information that was submitted: Debbie Fountain Director of Housing and Redevelopment Hello Debbie, This is just to confirm that I am looking forward to our meeting, at your office, on Tuesday, October 30th, at 10:30 AM. Regards, Mike Mike Bullock 1800 Bayberry Drive Oceanside, ca 92054 mike_bullock@earthlink.net Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.1; SV1; .NET CLR 1.1.4322) 76.212.181.212 file://C:\Documents and Settings\Dfoun\Local Settings\Temp\XPgrpwise\4993F460GW-D... 2/12/2009 EXHIBIT 8B Reverend Carl j 3621 Yisla Campsns South $6 Gceansicis, California 92Q57 TESTIMONY BEFORE THE CITY OF CARLSBAB PLANNING COMMISSION FEBRUARY 12,2009 20 My name is Carl Souza. I live at 3624_Vista.Carnpana South in[ Oceanside, California. I am a retired Industrial"Hygienist" That scientific field is devoted to the identification and control of chemical and physical hazards that affect humans. I have reviewed the extensive documentation about the remediation of the soil and groundwater at Hanson Aggregates that is currently on file with the San Diego County Land and Water Quality Division of the Department of Environmental Health. Those documents concern the ongoing remediation of the hydrocarbon spill that contaminated both the soil and groundwater of the northeastern portion of Hanson Aggregates-the site now proposed for 500 low-income housing units. Briefly, this site contained 8 underground storage tanks totaling o?.86,000 gallons of gasoline and diesel fuel, of which an unknown amount leaked into the soil. The initial spill report is dated 1997, and two principal hazard components were identified-Methyl Tertiary Butyl Ether and Benzene. They are still present on the site. Methyl Tertiary Butyl Ether, better known as IWTBE. is an additive that has replaced the lead in gasoline since 1979. It combines with gasoline to cause the gasoline to burn more efficiently, thus reducing incomplete combustion and lessening the release of additional contaminants into the atmosphere. As a result, MTBE is classified as an extremely flammable liquid and vapor. MTBE is a known carcinogen in animals, but its effect as a carcinogen in humans is not known. Long-time exposure to3 MTBE can affect the central nervous system (CNS). It can also affect the respiratory tract. Breathing high concentrations of MTBE cause nausea, liahtheadedness. and dizziness. MTBE is known to be a mild skin irritant, and the skin may be the source of MTBE entry into the body. MTBE may trigger responses in people with other pre-existing conditions of the skin, eyes, and respiratory system. When MTBE is released into the soil, it does not biodegrade readily because it does not attach itself to organic carbon in the soil. MTBE is lighter than water. When MTBE is dissolved in water, treatment is much more difficult and time-consuming. CSee U.S. EPA document on MTBE Cleanup and Treatment, last up-dated July 10, 2008). In this particular case, the MTBE entered the groundwater and cannot be expected to remediate rapidly, as the test results from the various monitoring wells have shown since remediation began. (See Material Safety Datasheet prepared by Mallinckrodt Baker, Inc.July, 2007. Benzene is classified as a human carcinogen by the American Council of Governmental Hygienists. Proposition 65 of the State of California states that Benzene is found to cause cancer, birth defects, or other reproductive harm. Like MTBE, Benzene is lighter than water. It is highly flammable and can be absorbed into the body via the skin, eyes, and inhalation, as well as through ingestion. Benzene may and can affect the central nervous system, as well as the peripheral nervous sytem by causing loss of coordination, convulsions, tremors, depression, and other effects. Benzene may be toxic to the liver, blood, bone marrow and urinary systems. The American Conference of Governmental Hygienists recommends an exposure level of 8 mg/m3. The National Institute of Occupational Safety and Health recommends a short-term exposure level (STEL) of 0.1 mg/m3. (See the Material Safety Data Sheet authored by Science Lab. Com updated 11/06/08) In reviewing the data from the monitoring wells on the site, it is apparent that the potential for human exposure to MTBE and Benzene still persists. The potential exposure has continued since 1997, and continued remediation is recommended by Hanson's consultants (Brown and Caldwell) in their last report dated October 17, 2008. The hydrocarbon plume containing MTBE and Benzene continues to be present in the groundwater and is currently migrating toward Buena Vista Creek. Notably, the groundwater in this case is an aquifer that is important to the cities of Carlsbad and Oceanside as a potential source of drinking water and water for agricultural and industrial uses as well. Protection of the aquifer is thus especially critical in light of the falling water supply in Southern California. While homes can be buift and rebuilt at various locations, an aquifer does not have the same luxury. Once destroyed or contaminated, it will take years to rebuild, if at all. We, as Americans, have seen what has happened when toxic sites have been buift on — many people and generations have paid the ultimate price. We owe prudence to the members of our generation and farsightedness to our future generations. Leaving them a potential time bomb should not be an option. This is not to say that this site can never be developed. However, it is going to take a period of time to complete the remediation of MTBE and Benzene that contaminate its soil and groundwater. When that remediation has been completed, the future of this site can be decided. RESUME Member of the American Hygiene Association. President of the Hawaii Chapter. Original receiptent of the Occupational Health and Safety Technologist designation. Retired Senior Industrial Hygienist with Hawaiian Electric Company, Inc. Over 20 years in that field, dealing with hazardous and other chemicals and materials-such as asbestos, poly-chlorinated biphenpls, fuel oils, noise, radiation, benzene, chlorine, and others that may pose a danger to the health and well-being of employees and the community. For 15 years I developed the curriculum and taught the Industrial Hygiene program and other safety and health programs at Honolulu Community College, part of the University of Hawaii system Through the years, i have done hazard assessment and mitigation for various companies and governmental agencies either through my private company (Sunshine Safety Systems), or through my primary employer, Hawaiian Electric Co. .Inc. Projects have included complete management and oversight of the removal of asbestos materials during the Sheraton Princeviile renovation and an OSHA contract for safety and health evaluation of private employers and governmental agencies in American Samoa. I am very familiar with diesel and gasoline spills, and was recognized by the U.S. Coast Guard as an expert in testing and supervising repairs and modification work on fuel oil tanks and pipe lines in Honolulu Harbor, and on the shores of Pearl Harbor. 1966: BA, University;_of.Hawaii. 1995: BS from Way land Baptist University (Hawaii student of the year) County of San Diego: Methy-tertiary-butyl-ether (MTBE) Page-1 of 3 Normal View ^ i A^ i A What you need to know about MTBE Qj-j3 f Wh3t.Must_Be .Done. ^laxiiTLu.aij:£nj.smir1a.nt:.LeyeJsJ. | Mas CH3-C-.0-CH3 Cases UC.Davis £hy.sicM.£LQB.erties What You Should Know Methyl-tertiary-butyl ether (MTBE) is a fuel oxygenate added to gasoline to reduca air pollution and increase octane ratings. Widespread use of this chemical since the 1970s has resulted in frequent detection of MTBE in shallow grcundwater in San Diego County. On March 25, 1999 Governor Davis issued Executed Order D-5-99, and signed Senate Bill 939 (Chapter 812, Statues of 1999) on October 8, 1999. These documents recognized that Methyl-tertiary-butyl ether (MTBE) can cause significant adverse impacts to current and future beneficial uses of ground and surface water and direct the SWRC3 to develop guidelines for investigation and cleanup of MTBE in vulnerable areas. In accordance, with" the Health and Safety Code, Section 25299 which became effective January 1, 2000, all sites in San Diego County with MTBE contamination must be prioritized as to the potential threat the site may pose to beneficial ground and surface v/aters. What Must Be Done Groundwater resource areas in San Diego County are very diverse. These areas include: alluvial deposits along streams and rivers; sedimentary formations; and fractured crystalline rock. Consequently, the vulnerability of these resources must be evaluated on a site-by-site basis. The main criterion for determining vulnerability is whether the aquifer underlying a site or a surface water body near the site is or will be used as a source of drinking water. Once it has been established that the site is in a vulnerable area, the distance to the nearest receptor must be determined. Receptors are defined as drinking water wells and surface water sources currently being used. Drinking water wells in San Diego County include public, private or irrigation wells. Under current State guidelines, the distance to the receptor and the concentration of MTBE at the site are the determining criteria for classification of a site. The assumptions used for the State guidelines are very conservative and may result in a higher priority classification. When enough site-specific data is available, it may be possible to re-classify a.-site to a lower priority. The site-specific data would include; rate of movement of MTBE in the subsurface between the site and receptor; degradation rate of the MTBE at the site; and establishing the time needed for MTBE to reach the receptors. Resources will be directed to those sites that pose the greatest and most immediate threat to the receptors. Sites which are determined to pose the greatest threat will be tracked more closely to assure a timely and effective investigation, Prioritization of MTBE Cases EXHIBIT 8C Tribal Council MelVenvon Captain Carmen Mojado Secretary cf Government Relations Charlotte Herrera Secretary of the Treasury Tom Beltram Secretary of Economic Development AlCerda Secretary of Tribal Ethics and Information Clara Guy Tribal Elder Henry Contreras Council Member David Herrera Council Member Mary Lou Beltran Council Member Carrie Lopez Tribal Advisor Merri Lopez, Esq. Tribe Legal Advisor Contact information 1889 Sunset Drive Vista, CA 92081 ""el: (760) 724-8505 ax: (760) 724-2172 Revised: 01/09 OF INDIANS February 11, 2009 RE: GPA-03-02 Housing Element for 2005-2010 Dear Housing Commissioners: We, the San Luis Rey Band of Mission Indians (SLR), along with the Native American Heritage Commission (NAHC), and the County of San Diego have expressed deep concerns regarding the destruction of our disappearing cultural heritage. After a thorough review of the GPA-03-02 Housing Element for 2005-2010, we have serious apprehensions about the potential negative impacts on sacred and cultural resources of our pre- historic and historic sites. We have previously discussed with the Commission, on numerous occasions, our ongoing concerns regarding the Quarry Creek Development and El Salto Falls. Our concerns have always stemmed from the fact .that these sites include numerous Native Arnerican/Luiseno cultural resources that have already been recorded hi the Sacred Lands Inventory maintained :>y the NAHC. However, these are not our only concerns with the proposed Housing Element. :t is SLR's and others collective fear that in order to meet the City of arlsbad's needs for development and improvements, GPA-03-02 may lave grave implications to additional cultural sensitive areas. SLR is concerned about the protection of unique and irreplaceable cultural resources, such as Luiseno village sites and archaeological items which would be displaced by development. In addition, we are legitimately concerned about the proper treatment of cultural items, sacred artifacts, and Native American remains that are highly likely to be discovered in the ity's continuing developments and improvements. Ve respectfully request that the City, through this Commission, consider voidance, .as defined in the California Environmental Quality Act CEQA), Section 15370, which states Lead Agencies should contemplate .voidance when significant cultural resources could be affected by a •roject. Therefore, it is SLR's hope that this Commission values our concerns and recommends avoidance-of culturally sensitive areas to the City. It is also our hope, that we continue -working together with the City of Carlsbad, as partners, in protecting our precious Native American/Luiseno cultural resources that have been located and continue to be unearthed within the City's boundaries. If you have any questions, please do not hesitate to contact SLR's Cultural Office at (760) 724-8505. Sincerely, Carmen Mojado Secretary of Government Relations cc: Mel Vernon, Captain of SLR; Merri Lopez-Keifer, SLR Tribal Legal Advisor. MCT EXHIBIT 8D 3715 Longview Drive Carlsbad, CA 92010 February 1.0, 2009 To Carlsbad Housing Commission Members: Enclosed is a package of information concerning El Salto waterfall and the Buena Vista Creek Valley. Most residents of Carlsbad are not aware that this waterfall exists, or of the cultural/historical significance of this valley and its importance as a major wildlife corridor. The existing General Plan states this about the Buena Vista Creek Watershed: "Due to the sensitivity of this area, the City may want to examine the feasibility of requiring a comprehensive plan addressing preservation and development within the Buena Vista Creek Watershed." Envision Carlsbad is currently seeking citizen input to update Carlsbad's General Plan. This update could include re-zoning this valley to open space, and re- zoning current industrial use areas such as Carlsbad Oaks North to accommodate smart sustainable growth to include affordable multi-family residential. The City orchestrated successful land use brain-storming sessions with we citizens about the strawberry fields land in the northeast quadrant of 15 and Cannon Road. Perhaps it would be prudent to do the same with the Buena Vista Creek Valley. This unique natural resource is the "northern front door" to our community. It has the potential of becoming so much more than-just another infill development. I encourage you to remove this land from the "smart growth" list. I believe there are other sites in Carlsbad that would be much better suited. . Sincerely, Don Christiansen The Buena Vista Valley Coalition 760-802-0552 £**§. IUi May 8, 2006 TO: - .-' MAYOR AND COUNCIL MEMBERS FROM: Historic Preservation Commissioners ' EL SALTO FALLS PRESERVATION It is our understanding that one of the charges to this Commission is "to act in an advisory capacity to the City Council in all .matters relating to the identification, prctscticn, retention and preservation of historic resources within the City." Following that charge, we.feel compelled to strongly ask for your support and involvement in! the preservation of the El Salto Falls and surrounding- area. The historical significance of these falls and this area date back over 10,000 years when Native Americans used the area as a primary source of fresh water and later became a sacred site. The s^e ^s *n ^ac^ registered as such with the Native American Heritage Commission. The area was a stopover site for the Portola exploration and a home for early white settlers. In fact, the area was referenced in the original Marron Land Grant as- "The Planting Lands" identifying possibly the very earliest agricultural lands within Carlsbad. This area has survived every historical period from the past to the present while the surrounding development has compressed the native wildlife into this remaining small area creating a wildlife corridor. ' We believe that the preservation of this natural resource for future generations is essential. We understand that this area is divided between the cities of Carlsbad and Oceanside and there are many groups interested in the preservation of this historical and beautiful area, including the San Luis Rey Band and other Luiseno Nations who wish to protect and preserve this cultural and wildlife corridor. . At the recent meeting of the Carlsbad Historic Preservation Commission we •finalized a list of prioritized projects for this-next fiscal year, a copy of which is attached. At that time we were unanimous in identifying the preservation of El Salto Falls in its current natural state as possibly the single most important historical preservation opportunity and project considered by the Commission in the last eight years. It is hoped that you -will agree with our assessment of the value of this resource and do all within your power to protect and preserve this natural and beautiful site as a connection to our past and for the benefit of the future. Respectfully, CARLSBAD HISTORIC PRESERVATION COMMISSIONERS Don Christiansen3 Sue Ladouceur <M>yee Smith Connie Trejo /cs • '• , ' Attachment c: City Manager /?. CARLSBAD HISTORICAL SOCIETY November 21,2007 Paul McDougall i : Department of Housing and Community Development 1900 Third Street, Room 430 Sacramento, CA 94262-2052 Ref: Carlsbad Housing Element 2005-2010 Dear Mr. McDougall: We are writing to you on behalf of the Carlsbad Historical Society, which works to increase and enhance knowledge of the area's history, including natural history. We work closely with the Carlsbad Historic Preservation Commission,- which has similar goals and is appointed by the City Council. One of the Commission's responsibilities is "to act in an advisor}' capacity to the City Council in all matters relating to the identification, protection, retention, and preservation of historic resources within the City." In a May 8, 2006 letter to the Mayor and Council Members, the Commission wrote: "We were-unanimous in identifying the preservation of El Salto Falls in its current natural state as the single most important historic preservation opportunity considered by the Commission in the last 8 years and we feel compelled to ask for your support and involvement in the preservation of El Salto Falls and the surrounding area." The surrounding area is the eastern end of the Buena Vista Creek Valley, which has been-.designated as a "smart growth" area to be rezoned to accommodate 600 homes. The western end of the Buena Vista Creek Valley was acquired earlier this year as permanent, natural open space. We feel that P.O. Box 252 • Carlsbad. California - 92018-0252 50) M'- it is historically, culturally, and environmentally important to courier El Salto Falls and the surrounding area with the permanent, natural open space at the west end of the valley. We do not think this site is a good location for "smart growth" fur the following reasons: 1. It is a registered Native American sacred site. 2. It is a hazardous materials remediaton site that will take yean- to cjean up. 3. There are no existing roads or nearby public transportation. 4. It is a major wildlife corridor. Please add the Carlsbad .Historical Society to the many individuals and other organizations that have come together to request that this site be removed from consideration as a "smart growth" area and not be rezoned for high density development. Sincerely, Board of Directors '• Carlsbad'Historical Society .: mm versiuu community trail and wildlife corridor benefits. The l-nd is zoned for a community servioe facility, such a church or day care, and the company that owns the property hasn't opposed the preservation efforts. Making the choices near the r-cently built Wal-Mart on College Boulevard recently made the San Diego offices and/or retail shops. —^£S»Voters. ~S=^^Contact staff writer Barbara Henry at (760) 901-4072 or • -, Open Space Committee property rankings (in order from top-ranked to lowest) 175. points- SouthCoastQuarry^rea (justwestoeCollege Boulevard and soufeofHighway^) 173 points- Sherman property (immediately west of the quarry area) and Calavera Village H site (Carisbad Village Drive and Victoria Street) ,70 points- undeveloped county airport property (northeast oorner of Palomar Airport Road and El Camino Real) S*gnSe« city limits) ,56 points: Lubliner property (east of E, Camino Real near the future College Boulevard extension) , 45 points: Mitsuuchi property (southern city limits between El Camino Real and Tern Place ,46 points: Rancho Carlsbad property (immediately east of the main Rancho Carlsbad development along E, Camino Real) 143 points: Murphy Property (adjacent to the Mitsuuchi property) 102 points: Poinsettia area vernal pools (along the railroad tracks south of Camino de las Ondas) 82 points: Brodiaea native plant area (Newton Drive, just off Faraday Avenue) Points given for having: - certain plant and animal species of particular interest http://nctimes.com/articles/2007/01/07/news/coastal/20_41_391_6_07.prt 1/8/2007^ r\ ^v<£c.c, \\e_ ;. \ I Editions of ihe North County Times Serving San Diego and Riverside Counties Tuesday, July 17, 2007 Contact U: IIISOiSBIltiaias^tel cjjfi?..,,^ oS!*J ii.<v1>!w'jrt ^i-^-;,^ --^^.., H^LC ^ News Search Web Search Classified Search Advertising Home Dc-Hvery Reader Services Traffic Stock; Home News Sports Business Opinion Entertainment Features Columnists Ccu Subscribe Previous Issues Letters Obituaries Place An Ad Send Feec Print Page Tuesday, July 17, 2007 • • Last modified Monday, July 15> 2007 8:47 PM PDT Carlsbad goes over the falls By: North County Timesppinion staff - Our view: City tempted into sacrificing prime parcel by state, SAN DAG mandates There are no free lunches, and there are no Sacramento mandates without victims. To meet a state tjuota for affordable housing^he Carlsbad City Council is expected tonight to approve a plan that would cram 600 ngW-homes onto one of coastal North County's most promising parcels for preservation. It's not that Carlsbad doesn't haveienough money to buy the land. City reserves are still above $60 million, even as Carlsbad opens its $63 million (plus?) new public golf course and even after the council approved a $28.3 million budget for its long-awaited pool at Alga Norte Park. But Carlsbad's decades-long boom of McMansions, which helped the city buck the overall county trend of declining population, hasn't added/much in the way of state-sanctioned affordable housing. Not all properties are created equal, and there are good reasons why so many people prize the South Coast Quarry site's 150 acres. It sits justisouth of Highway 78 on Carlsbad's border with Oceanside and just west of the College Boulevard Wal-Mart, Jeatures the historic_EjJ3alto waterfall and overlooks the 134-acre Sherman property, which environmentalists rallied to buy this winter. " ' ~~ G ': ut ever since the San Diego Association of Governments identified_the quarry site on its "smart growth" wish >t, its days have been numbered. SANDAG has dangled millions in TransNet tax money to cities that play ong. Add the state's demand for "affordable" housing and you have incentives aligned for Carlsbad to pack its lare onto a parcel that could have been so much more. The path of least resistance for Carlsbad's City Council is clear. The many who anted up to preserve the Sherman property have bought some great scenery for some 600 of their newest neighbors. http://w\\w.nctimes.com/articles/2007/07/17/opinion/editorials/20_33_417_16_07.prt 7/17/2007 San Diego .Archaeological Center pirn's of I/it1 /KIS/ February 10, 2009 Mel Vernon 1044 N. Ivy St Escohdido CA 92026 Dear Mr. Vernon: • Re: Significance of Cultural Resources in the City of Carlsbad I appreciate your concerns iabout continued development in San Diego County and I share your alarm. The region has beeri home to people for over 10,000 years and many significant archaeological sites have been negatively impacted by development. This evidence of past cultures is not just "Indian History," but human history. All of us, regardless of our ethnicity . should recognize that archaeological sites in San Diego are a finite and precious resource. I made a quick review of the archaeological artifacts from the City of Carlsbad currently curated at the Center. We have 24icollections, represented 51 separate archaeological sites. Some of these sites date back 10,000 years and the artifacts have been used in educational programs and exhibits throughout the county. Although, there are 24 collections curated at the Center, it is clear that many sites were probably lost during development prior to CEQA. For example, there are no known collections from the development of the many shopping malls near the 78 and College. If there were excavations conducted in compliance with CEQA, we do not know where the collections are. The San Diego Archaeological Center (Center) is dedicated to fulfilling the intent of the California Environmental Quality Act (CEQA) to preserve examples of the major periods of California history [§21001(c)j and to offset the impact land development pressures on cultural resources. The Center is committed to the preservation of our archaeological legacy for present and future generations and serves as a curation technology resource to federal, state and local government and private companies. To that end, the Center is making available to local jurisdictions a comprehensive model for management of cultural resources during development. This document is derived directly from the County of San Diego's CEQA Process Guidance for Cultural Resources, which was approved in 2006. The County's Department of Planning and Land Use created procedures, which included public review and input from the County's Historic Site Board. Standard language is provided for a wide range of situations encountered by jurisdictions dealing with cultural resources, including archaeological sites and historic structures and landscapes, in administering CEQA. In general, the best course of action is to avoid archaeological sites altogether. 16666 San Pasqual Valley Road, Escondido, CA 92027-7001 Phone 760.192.0370 / Fax 760.291.0371 www.sandiegoarchaeology.org CEQA has clearly stated standards for determining significance of archaeological sites. However, I do feel that CEQA does not take into consideration the cumulative effects development has-had on our cultural resources. In the past, mitigation has usually meant excavation and that has significantly reduced the number of archaeological and sacred sites left. These site are important to present and future generations. Once an archaeological site is excavated, it is gone. And the interpretation of the cultural material, meaning and significance is based on our knowledge today. We should be leaving more sites unexcavated for two important reasons: 1) It preserves open space and the quality of life we enjoy here in San Diego County; and 2) As new technologies and ideas develop concerning interpretation of past life ways, there will be resources left to study. I appreciate your efforts to help the public and decision makers understand the importance of preserving the cultural legacy represented in archaeological sites in San Diego County. Sincerely, Cindy Stankowski Director EXHIBIT 8Ei Potential to Quarry -/•••• Preserve Cassvera Feb 12, 2 Category _ : _ ; _ _ # of Affordable Units A. Already Submitted Project Applications A.1 DosCoIlnas (pi -2} TBD 8.2. BJ Apartments (p3-4) • • SS B. Shopping Center Mixed Use . B.I Wesffield rVlalS Increase froni 20- 28 du/acre- per policy ( from 2B5- 3S3 } 114 { See p 5 re existing policy for 80% to be at 2B du/acre) S.2 Fonder Walmari -Site- Cdlege/EI Camino Real 88 ( See p S email D Fountain ) C. Permitted but Unbulft C.1 Cantarinl/HoHy Springs S3 Deposited 374 units in housing bank- if 25% of those were returned to Increase the already approved multi-famify housing complex D. Industrial/Commercial Mixed Uss ( See p 7 Airport Noise Contours, p 8 Airport Auth Housing Policy, p 9 CB Housing Policy 2.3 ) D.1 El Camino/Faraday - Former Farmer's Insurance 180 City owned. 18 acre at .50 yield x 20 du/acre) D.2 Faraday/Newton 110 1 1 acres .50 yield x 20 du/acre D.3 Carlsbad Oaks North 1,055 167 acres industrial, 44 acres auxiliary commercial - zoned PU allows mixed use residential 211 acres x .25 yield x 20 du/acre Others TBD Over 1,725 EXHIBIT 8F October 3, 2005 Ladwig Design Group 703 Palomar Airport Road, #300 Carlsbad, CA 92011 SUBJECT: PRE 05-46 - Dos Colihas APN: 209-070-01, 209-060-11, 14, 55, and 60 Dear Mr. Ladwig: The Housing Policy Team recently met to discuss your request for a transfer of excess dwelling units to the Dos Colinas project (PRE 05-46). The following issues were identified in the meeting: 1. The Housing Policy Team recommended that the inclusionary housing requirement for the Dos Colinas project should be satisfied within the multi-family portion of the development located at the north end of the site. As a second option, the number of affordable units within, the Cantarini Ranch MF site could be expanded to satisfy the inclusionary requirements for Dos Colinas. 2. • A number of Preliminary Reviews have been submitted for a variety of projects in the area surrounding the Dos Colinas proposal. It is recommended that you take a more comprehensive approach to future development in this area rather than submitting piece- meal development proposals. For example, it is important to analyze the development potential for the remaining properties within the Sunny Creek'Specific Plan area. It may be possible to support a transfer of excess dwelling units to the multi-family site if the site could provide units to satisfy the inclusionary housing requirements for the remaining properties in the Sunny Creek Specific Plan or for other small projects within the northeast quadrant. 3. Any increase in density for the proposed affordable housing site should be through a transfer of density from adjacent projects rather than from a.transfer of units from the Excess Dwelling Unit Bank. For example, if the project was developed in conjunction with the Lubliner proposal, the allowable density could be shifted to the MF site and used to satisfy the inclusionary housing requirement for the Lubliner project. Similarly, if the Lubliner, Rancho Milagrd, and Barlow properties were developed as one project, dwelling units could be transferred to the proposed multi-family site and the site could be used to satisfy the inclusionary housing requirement for all of these properties. 4. Finally, if units are transferred from the Excess Dwelling Unit Bank, it is possible that more v than 15%lOf thejjnjtsj/voujdLneed to be affordable, and/or the leveliofaffordability- may _need to_.be -increased. YouiwoulcT need to discuss this in more detaF with Debbie" Fountain, Housing and Redevelopment Director. PRE 05-43 - DCS Coiinas October 3, 2005 PAGE 2 If you would like to schedule a meeting to discuss this letter, please contact me at (760) 602- 4626. Sincerely, BARBARA KENNEDY, ASCP Associate Planner c:Team Leader, Gary Earberio &. •'--> July 28, 200B Mr. Bob Ladwig Ladwtg Design Group 2234 Faraday Avenue Carlsbad, CA 92003 SUBJECT: PRE OS-2S -3J APARTMENTS APN: 15S-050-3S Thank you for submitting a preliminary reviewfor a conceptual grading design for'the BJ Apartment site generally located at the southeast intersection of future Cannon Road and future College Boulevard. The 13.47 acre (gross) site is currently undeveloped except for the areas that srs used as an RV storage and garden area by the Rancho Carlsbad HOA. In response to your application, the Planning Department has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your proied It is intended to give you feedback on critical issues based u Don the information provided in your submrttal. This review is based upon the plans, policies, and standards in effect as .of the date of this review. Please bs aware lhat at the time of a formal . application submittal, new plans. poUclss. and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: General 1. Genera! Plan and zoning designations for the property are as follows: a. General Plan: Residential Low-Medium Density (RIM) and Open Space COS), 0-4 uniis/ac. with a Growth Management Control Point of 3.2 units/ac. • b. Zoning: Residential Mobile Home Park (RMHP) 2. The project requires the following permits: . a. General Plan .Amendment - to change, the General Plan Land Use Designation from Residential Medium-Low Density/Open Space (RLM/OS) 1o Residential High Density (RH) and OS. b. Zone Change - 1o change the Zone from Residential Mobile Home Park (RMHP) to Residential Density-Multiple with a Qualified-Development Overlay Zone (.RD-M-Q.) and Open Space (OS). TPRE 08-26-BJ APARTMENTS July 28, 2008 Page 2 c. Pares! Map — to create separate lots for the residential development and open space areas. d. Site Development Plan - to review the affordable housing project. e. Hillside Development Permit f. Special Uss Permit - to .evaluate potential impacts associated witivthe. 100-year floodplain (if applicable). g. Habitat Management Plan Permit - the project" will be required to comply with all of the .applicable requirements of the City's Habitat Management Plan (HMP) including, but not limited to: payment of .in-lieu fees for development of disturbed lands, implementing measures to reduce the edge effects of the proposed development, and placing a conservation easement over the open space area together with an endowment for the long-term management and maintenance of the area. 3. The subject site has a "zero" dwelling unit allocation due to the fact that all of the unit's wera allocated to Rancho Carlsbad Estates during the conversion of the Rancho Carisbsd Mobile Home Park to condominium ownership (RW1HP S5-01). Therefore any pro-pssal for residential development will need to include a request to withdraw units from the City's Excess Dwelling Unit Bank. The previous preliminary review for this site .(PRE 02-15) indicated staff support for the allocation of units from the bank at this location. However, because all of the units would be from the bank, the project will be expected to provide more units as affordable housing (more-than the City's 15% Inclusionary Housing Requirement) and the level of affordabiUty may need to be increased. It ts staffs understanding that you have been discussing this issue with Debbie Fountain, Director of Housing snd Redevelopment When a more precise development plan is submitted, staff wilt schedule the development proposal for review by the City's Housing Policy Team. 4. " Staff recommends developing the site at a density of at least 20 du/ac. in order to count the project as contributing to the City's Regional Fair Share of Affordable Housing. It appears that the site could be developed with approximately Bo dwelling units (20 du/ac) based on" your site plan which indicates that the development area Is approximately 4,3 acres-. 5. The development proposal will be required to comply with^aH applicable mitigation measures included in the Calavera Hills II EIR. ' ' 6. The following technical reports will need to be submitted with the project applications: a. Traffic Study b. Acoustical Analysis c. Biological Resources -Report and Impact Analysis (include the subject site and the surrounding .vegetation communities within a 100' radius of the site). d. Geotechnical Report e. Phase i Site Assessment (plsase include additional testing far agricultural chemical residues if recommended in the phase I Site Analysis). Ho «•• Property Plan Amendment (RMH): Qssarr/ Creek As-projclraata! be .Re-designated to RMH Quarry Creek Portions of 167-040-21 f 17 Yield 2SQ The City shall process general plan amendments to establish minimum densities of 12 units per acre and 20 units per acre for the RMH and RH land use designations, respectively, except for those RH designated properties In the Beach Area Overlay 2one. Residential projects and mixed use projects with residential components shall be developed at minimum densities equal to 80% of the maximum of the density range. For land use districts 1-4 (density range of 3.5 - 35 units per acre), 80% shall be 28 units per acre. For land use districts 5 - 9 (density range of 15 - 23 units per acre), 80% shall be 18 units per acre. Furthermore, the City shall approve modifications to development standards of the Carlsbad Village Redevelopment Master Plan and Design Manual if a project .satisfactorily demonstrates as determined by the City that such modifications are necessary to achieve the minimum densities. The City snail process amendments to the general plan and zoning ordinance and process other planning documents as necessary to establish and permit the minimum densities, areas, and land uses as described in Section 3 and specified in Tables 3-4, 3-5 and 3-9 for the fiarrio Area. The City shall amend its zoning ordinance, general plan, and other land use documents as necessary to permit residential in a mixed use format on shopping center sites and commercial areas with a General Plan designations of WGL" and WR" and zoning designations of X-L," *C-1" and *C-2," and/or other general plan and zoning designations as appropriate. Mixed use residential oh shopping center and commercial sites shall be at a minimum density of 20 units per acre. The City will encourage the consolidation of small parcels in order to facilitate larger-scale developments. Specifically, the Oty wiFI make available an inventory of vacant and underutilized properties to interested developers, market infill and redevelopment opportunities throughout the City, particularly in the Village Redevelopment Area and proposed Barrio Area, and meet with developers to identify and discuss potential project sites. For the Barrio Area, incentives shall be developed to encourage the consolidation of parcels and thus the feasibility of affordable housing. City of Carlsbad v Fliii, 1/29/09, Debbie Fomit&m .<Dfoim@cLcsrlsbad.ca. us> wrote: 7roin: Debbie Fountain <Dfoim@cLcadsbad.ea.us> Subject: Rs:-Fw. Site available for affordable housing Co: anBbhallock@yahoo.com 3c: "Scott DoanelT <Skfoim@cLcarIsbad.ca.iis> Date: Thursday, January 29,2009,9:3 8 AM Efi .Ann. Here is what I know and understand about the 2 pieces of property you mentioned. 17.5 Acres - College arid El Camino Real Hie 17.5 acre property is currently owned by Wal-Mart and has a local shopping center general plan and zoning designation. It is not designated for residential. However, it would be allowed to have high density residential (20 du/ac) on it (in addition to the commercial) under the proposed Housing Element program (2.3) which will amend the City's zoning ordinance to allow mixed use in commercial zones, including shopping centers. Based on the formula used in the housing element to deterntine yields from shopping center sites, this property could yield about 88 units (25% of site acreage X 20 du/ac). . A re is currently no proposal to convert the zoning/general plan designation from commercial ; to residential. However, as noted, it could accommodate residential through, the mixed iise I ordinance. If residential is provided, it would then have a requirement to provide 15% of the units as affordable to low income households per our Inclusionary Housing Ordinance. Tabata El Camino Real This property was briefly considered as a potential site for higher density. Unfortunately, however, it has considerable access constraints which limit the extent of density that can be attributed to the site. So, it has not been identified as a high density site. Again, however, any housing on the site will be subject to the 15% inclusiofjary housing requirement for low income affordable housing. So, regardless of size, we still receive some type of contribution to our affordable housing efforts. Hope this helps. Let me know if you need something else. Thanks, FIGURE 2 - McCLELLAN-PALOMAR AIRPORT AIRPORT INFLUENCE AREA Xiroort Lane/ E7^e Comoatibilitv Plan '~~~7 offsets. may Include feat sr-e. not limited to sjensifey- fecreases ©Ft residential site. * Process amendments to Its Planned" Unit Development Ordinance, Parking Ordinance and Beach Area Overlay Zone and- the Village Master Plan and Design. Manual to modify development standards to. enable the achievement of higher density residential projects by. the end of 2007 (Note: These amendments were adopted In early or tate 2007 and are ROW pending Coastal Cotamtsstoii- approval, which fe expected si 2009). • Periodically review .the Municipal Code and recommend changes that would enhance the feasibility of affordable housing, while maintaining the quality of housing . Program 2.3: Mbeesd Use Tne Oty will encourage mixed-use developments that include a residefftlaS component. Major commercial centers should incorporate/ where appropriate, mixed commercial/residential uses. Major industrial/office centers, where DreGluded_bv en_ industria'./office/residential uses. « As described in Program 2.1, the City shall amend the zoning ordinance and other necessary land use documents to permit residential mixed use at 2<5 units per acre ocv shopping center sites end commercial areas. Funding: Departmental budget Lead Agencyr Planning Department Objectives and Tints l^rame: » Periodically review development standards and incentives that would encourage mixed-use developments. • Identify areas and properties with potential for mixed-use development and prox*ide information to interested developers, Program 2.4: Energy Conservation The City of Carlsbad has established requirements, programs, and addons to improve household energy efficiency, promote sustainability, and lower utility costs. * Enforce California building and subdivision requirements fey requiring compliance with state energy efficiency standards (including adoption of the California Energy Code, 2007 Edition) and state Subdivision Map Act energy conservation provisions [Government Code section 65473.1). This latter code section requires subdivision design to provide future homes with passive or natural heating .opportunities to the extent feasible through, for example, lot orientation. City of Carlsbad 2005-2010 Housing Element Q requirements are intended to .protect public health and safety, non-compliance with' these requirements may lead to increased health and safety risks. Further,- development projects that are -approved without FAR Part 77 compliance may be unable to obtain adequate insurance and/or financing.' Essentially then, again, the modified CLUP Amendment Project serves as a' mitigation plan designed to help minimize potentially significant light and glare and public health and'safety -impacts as a result of new development projects when compared to the no project alternative. 8.2.3 Conclusions The no project alternative would: (i) Not meet any of the project objectives; and (ii) Result in potential new significant adverse impacts to noise, light and glare, and public health and safety. 8.3 LIMITED RESIDENTIAL PROJECT ALTERNATIVE The limited residential project alternative is comprised of the following five (5) project components. The first component has been modified from that provided in th e CLUP Amendment Project described in the Draft EIR. The next four components are identical to the CLUP Amendment Project described in the Draft EIR. 1. Designate As "Conditionally Compatible" New Multi-Family Residences (More Than Four Units) And Other Noise Sensitive Uses Located Within The 65-70 d3 CNEL Noise Contours For SDIA And Designate As "Incompatible" All New Residences And Other Noise Sensitive Uses Located Within The 70 d3 CNEL And Greater Noise Contours For SSDIA. The following project component has been revised from that provided in tfre CLUP Amendment Project: Under the limited residential project alternative, any new residential or otSier noise sensitive uses (neighborhood parks, playgrounds, hospitals and related uses, libraries, and schools) located within the 70 dB CNEL or greater noise contours for SDIA would be designated as "incompatible." Under the limited resident! al project alternative, however; new "multi-family residential" and other noise sensitive uses would be designated as "conditionally compatible" uses within the 65-70 <dB CNEL noise contours for SDIA if these uses provide sound attenuation to an inte rior noise level of 45 dB CNEL, provide an appropriate avigation easement to the airport .operator, and'provide appropriate notification regarding airport operations. For purposes of this alternative, "multi-family residential" means residential developments with more than four (4) residential units that provide limited outdoor habitable areas. As is the case under the CLUP Amendment Project, single-family residences or residences with four (4) or fewer residential units would be designated as "incompatible" land uses within the 65-70 dB CNEL noise contours. San Diego County Regional Airport Authority Final EIR 01-04 Attachment A CEQA Findinas and Facts In Support of Findings (October 4, 2004) ^-^. Page 16t s S3 I NOV/DEC 2006 • CARLSBAD MAGAZINE |H, .«W^, " COPY m ' .':,-•.. • ' I :' ^&. mm WKSmSf. ism In the '60s from Buena Vista Lagoon,"you had to be a little sneaky to get up to El Salto Falls. Following the creek, there was a horse to be outrun and security at the quarry to .^^ be avoided. But once you got there, the mist and crash was gfes as good as any thing, the Sierras (outside of Yosemite) had to offer. The falls are a sacred site to the Luiseno band of Indians, and have been hallowed in the memories of childhood for generations of Carlsbad locals. '.Today, El Salto Falls are much smaller than many remem- ber. Is it just the illusion of youth? Or are the rumors true that a 1983 El Nino storm knocked the top off the falls? Whichever, the falls were there when we were young; there when Portola passed through; there when the Luiseno knew only the earth and each other; and it behooves us to protect what has always been. An attempt at purchasing a. 134-acre parcel of land near El Salto Falls along Buena Vista Creek is underway to preserve it as open space. Nine million dollars have already been raised, but $500,000 must be raised by December 23, 2006. For information on making tax-deductible donations, go to preservecalavera.org or call (760) 724-3S87. www.QiekOnCarlsbad.eom \ 5? December 14, 2009 TO: CITY MANAGER VIA: COMMUNITY DEVELOPMENT DIRECTOR FROM: Planning Director SUBJECT: 2005-2010 HOUSING ELEMENT - COPIES OF DOCUMENTS FOR DECEMBER 22 MEETING Attached are the following documents for the Council's consideration: 1. City of Carlsbad Draft 2005-2010 Housing Element, dated December 2008 2. City of Carlsbad 2005-2010 Housing Element Site Study map prepared by staff 3. "Quarry Creek Facts and Information," prepared by McMillin Land Development Services, LP 4. "Fuel Impact Remediation Program," prepared by Hanson Heidelberg Cement Group. These items were reviewed by the Housing Commission and Planning Commission as part of their consideration of the Housing Element. The "Quarry Creek Facts and Information," dated December 2009, contains some minor updates and revisions compared to the version seen by the Housing Commission and Planning Commission. The attached items are also listed as exhibits to the agenda bill for the City Council's upcoming review of the General Plan Amendment for the Housing Element. Scott Donnell DN:SD:bd