HomeMy WebLinkAbout2024-09-05; SANDAG Batiquitos Lagoon Double Tracking Project (District 4); Barberio, GaryCouncil Memo -SAN DAG: Batiquitos Lagoon Double Tracking Project (District 4)
September 5, 2024
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• A summary of SANDAG's authorization and regulations preempting the city from exercising
discretionary review over the proposed project. (Attachment B)
• Confirmation of permits issued from the U.S. Army Corps of Engineers and U.S. Fish and
Wildlife Service for impact to waterways and species.
• Confirmation of concurrence provided to SAN DAG from the California Coastal Commission.
Further correspondence from the city to Coastal Commission staff to obtain clarification if
a Coastal Development Permit is needed. (Attachment C)
• Communication to SANDAG from the U.S. Fish and Wildlife Service. (Attachment D).
• Confirmation that SAN DAG is amenable to place dredged sand from the double-tracking
project (approximately 10,000 cubic yards per year, and up to 70,000 cubic yards total over
the total span) onto Carlsbad State Beach, south of the lagoon inlet (i.e., the South Ponto
area). This placement would commence during the first phase of the project, which is
anticipated to conclude in February 2025. However, as of the writing of this Council
Memorandum, the above referenced approvals shared by SAN DAG do not mention how
the dredge material will be tested or handled. As such, further review and permitting
constraints of other agencies will need to be addressed before the dredged materials can
be accepted.
Based on information presented by SAN DAG, the city's only authority to regulate this project is the
right-of-way permit for traffic control on city streets and for the construction of a driveway
approach on Ponto Drive. The right-of-way permit can be issued within one week once SAN DAG
provides written authorization from the property owner to use the property.
However, as of the date of this Council Memorandum, SAN DAG appears to have initiated
preliminary preparations to ready the property; namely, painting the city curb red where the
proposed driveway access will be located and installing barriers to further prohibit parking in that
area. This was done without prior city authorization. As such, staff will be contacting SAN DAG and
the property owner and will have the improvements removed.
Southern Access
The project's southern access is currently through an easement adjacent and west of the North
County Transit District (NCTD)'s right-of-way off La Costa Avenue in the City of Encinitas. Because
of construction activity on private development along La Costa Avenue and improvements on
North Coast Highway 101, the City of Encinitas has requested that SAN DAG modify the project
access route to provide an ingress through the southbound left-turn pocket on Carlsbad
Boulevard, across the mountable curb within the City of Encinitas and then egress onto La Costa
Avenue with a right-out only followed by a right-turn only onto northbound Carlsbad Boulevard.
The Carlsbad Boulevard access is just within the City of Encinitas boundary. The requested change
would move the project's haul route for traffic of import and export of materials currently using La
Costa Avenue in Encinitas to a route along Carlsbad coastal streets.
Council Memo - SAN DAG: Bat iquit os Lagoon Double Tracking Project (District 4)
Sept ember 5, 2024
Page 3
City staff have asked to be involved in the review of the proposed change and have requested
additional information regarding:
• existing haul routes
• proposed revisions to the haul routes
• estimated truck and material volumes for the duration of construction
• impacts as a result of the requested change
SAN DAG staff have also offered to make a presentation to the City Council on this project, and city
staff are working to schedule it prior to a ceremony that SANDAG has tentatively scheduled for
mid-October.
Next Steps
Based on information presented from SAN DAG, the city does not have authority to authorize, deny
or condition the proposed project. Construction is expected to begin within t he next month,
assuming t he property owner authorization is received soon, and the city has issued the right-of-
way permit .
Regarding t he proposed changes to the southern access, SAN DAG committed to scheduling a
meeting with the city to review t he proposed changes and potential impacts, which is tentatively
scheduled for t he week of September 9, 2024. Staff will provide an update on t he southern access
following a determination on t he project's southern access points and haul routes.
SANDAG has asked that project related inquiries and complaints be sent to their construction
hotline at {844) NCC-0050 or email at BuildNCC@KeepSanDieqoMovinq.com.
Attachment s: A. SAN DAG Map and Project Fact Sheet
B. Memorandum from SAN DAG to the City dated August 9, 2024
C. Email from California Coastal Commission dat ed August 19, 2024
D. Email from U.S. Fish and Wildlife Service dated August 7, 2024
E. Email from SAN DAG to the City dated August 29, 2024
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Allegra Frost, Senior Assist ant City Attorney
Gina Herrera, Assistant City Attorney
Tom Frank, Transport ation Director/City Engineer
Jason Haber, Intergovernmental Affai rs Direct or
Jeff Murphy, Community Development Director
Kyle Lancaster, Parks & Recreation Director
Kristina Ray, Community & Engagement Director
Mike Strong, Assistant Director of Community Development
Jason Geldert, Engineering Manager
Hossein Ajideh, Engineering Manager
Council Memo -SAN DAG: Batiquitos Lagoon Double Tracking Project (District 4)
September 5, 2024
Page 4
Jason Geldert, Engineering Manager
John Kim, City Traffic Engineer
Eric Lardy, City Planner
Utilities Code, SANDAG is excluded from the requirements of a "local agency" set forth in
Section 53091 of the Government Code which requires local agencies to comply with building
and zoning ordinances.
SANDAG has also been granted by statute the right to use public rights-of-way for its
facilities and projects. SANDAG, as the statutorily created regional transportation planning
agency under Section 29532.l of the Government Code, succeeded to and acquired the right
to construct works and facilities in, under, upon, over, across, or along any public streets or
rights-of-way highway. (Pub. Util. Code§§ 132353.4, 90484 &120244). These statutory rights to
use the public rights-of-way exempt SANDAG from the typical franchise requirements
applicable to other public utilities.
California Environmental Quality Act (CEOA)
The Interstate Commerce Commission Termination Act (ICCTA), codified in part at 49 U.S.C. §
l0501(b), grants the Surface Transportation Board (STB) jurisdiction over transportation by rail
carriers, defined to include construction of sidetracks or facilities (49 U.S.C. § l0501(b)). The
North County Transit District (NCTD) is a rail carrier for purposes of ICCTA. SANDAG is
undertaking the Project under the auspices of NCTD. ICCTA preempts state and local land
use and permitting requirements as to any facilities that are part of transportation by rail
carrier. In 2002, the U.S. District Court for the Southern District of California upheld this
position and concurred with STB when it found that NCTD was not required to obtain a
permit or other approval under state or local law in order to build a passing track.
While the project is preempted from CEQA, SANDAG determined that the Project is also
exempt from CEQA review pursuant to California Public Resources Code 21080(b)(l2) and
California Code of Regulations, title 14 (CEQA Guidelines), section 15275, which provides that
CEQA does not apply to "facility extensions not to exceed four miles in length which are
required for the transfer of passengers from or to exclusive public mass transit guideway or
busway public transit services." The Project is also exempt from CEQA review under CEQA
Guidelines sections 15333, which applies to habitat restoration projects that are less than 5
acres.
A Notice of Exemption was filed by SANDAG with the State Clearinghouse on June 25, 2024
(SCH Number 2024061076).
National Environmental Policy Act (NEPA}
The Project was included in the Final Program EIR/EIS released in September 2007, with the
Record of Decision issued by the Federal Railroad Administration in March 2009.
Subsequently, in February 2014, the Federal Transit Administration found that the Project
qualified as a Categorical Exclusion under 23 CFR 77l.ll8(d)(2): bridge replacement, or rail
grade separation. Lastly, since the Project was subject to the requirements of the U.S. Army
Corps of Engineers for work within waters of the United States, NEPA compliance
documentation and determination was approved at the time of issuance of the Clean Water
Act Section 404 permit noted below.
Federal Regulatory Permitting
The Project has received the following permits, which have previously been provided:
• Clean Water Act Section 401 Water Quality Certification Number R9-2022-0113
2
(California Regional Quality Control Board, 2022)
• Coastal Act Consistency Ce rtification Number CC-0002-19 (California Coastal
Commission, 2079)
• Biological Opinion Number FWS-SD-2022-0002078-S7-F (U.S. Fish and Wildlife
Service, 2022)
• Clean Water Act Section 404 Permit Number SPL-2076-00786 (U.S. Army Corps of
Engineers, 2023)
If there are any questions regarding this submittal, please contact Tim Pesce, Senior
Environmental Planner via email at Timothy.Pesce@sandag.org or phone (619) 595-7432.
Sincerely,
Ht.,
Deputy Director, Environmental Compliance and Climate
cc: Tim Pesce, Senior Environmental Planner
Tim DeWitt, Senior Engineer
Ryan Kohut, Senior Legal Council
3
ATTACHMENT D
8/21/24, 8:11 AM Re: [EXTERNAL] Batiquitos Lagoon OT: proposed access change at northern staging area -Eric La
Re: [EXTERNAL] Batiquitos Lagoon OT: proposed access change at northern staging area
Kershek, Lauren < lauren_kershek@fws.gov>
Wed 8/7/2024 4:40 PM
To:Tim Pesce <Timothy.Pesce@sandag.org>
Cc:Tim DeWitt <Tim.DeWitt@sandag.org >;Bruce Smith <Bruce.Smit h@sandag.org>
CAUTION: This email originated from outside of SAN DAG. Do not elide links or open attachments
unless you are expecting the content.
Hi Tim,
This proposed change to the staging area entrance is fine with us. Thank you for checking!
Lauren Kershek (she, her)
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
2177 Salk Ave, Ste 250
Carlsbad, CA 92008
(760)431 9440 x208*
*Email is the best way to reach me if you'd like to schedule a call or meeting.
From: Tim Pesce <Timothy.Pesce@sandag.org>
Sent: Wednesday, August 7, 2024 3:07 PM
To: Kershek, Lauren <lau ren_kershek@fws.gov>
Cc: Tim DeWitt <Tim.DeWitt@sandag.org>; Bruce Smith <Bruce.Smith@sandag.org>
Subject: [EXTERNAL] Batiquitos Lagoon DT: proposed access change at northern staging area
This email has been received from outside of DOI -Use caution before clicking on links, opening
attachments, or responding.
Hi Lauren,
Thank you for you r time meeting with us last week on the Batiquitos Lagoon Double Track Project. I wanted to
provide additional information on the request we made related to the North Staging Area (depicted on Figu re 1
on page 51 of the BO, and also related to CM 4):
As we explained, this staging area access point has changed slight ly from what was originally depicted in the BO
due to a new gas line that has been installed. The proposed new access point from Ponto Drive (attached and
shown below) has been designed to avoid CSS and only contains disturbed habitat/bare ground/ornamental,
and we would have a biologist monitoring this work to ensu re any sensitive habitat is avoided.
Please let us know if you are okay with us proceeding with this change, or if you'd like additional information
prior to making a determination. The City of Carlsbad has also asked us to confirm this change is okay with
USFWS, so we'd also like to provide your response to City staff if t hat is okay.
Thanks,
about:blank?windowld=SecondaryReadingPane2 1/2
8/21/24, 8:11 AM
Tim
Re: [EXTERNAL] Batiquitos Lagoon DT: proposed access change at northern staging area -Eric Lardy -Outlook
Tim Pesce (he/him/his)
Senior Environmental Planner
619.699.5374
401 B Street, Suite 800, San Diego, CA 92101
S A DA G
00800
I Pursuing a brighter future for all
Learn about our commitment to eguitY.
SANDAG office hours are Tuesday-Friday and every other Monday from 8 a.m. -5 p.m.
about:blank?windowld=SecondaryReadingPane2 2/2
From:
To:
Cc:
Subject:
Date:
Attachments:
Tom:
Stephen Fordham
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FW: BLDT
Thursday, August 29, 2024 2:34:46 PM
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Prooosed Entrance from 101 (South Access> odf ROW2024·0518 APP • I @ffic Control Plan reduced pdf
Attached are two traffic control plans and the proposed secondary access point from Coast Highway.
ATTACHMENT E
As discussed, the Batiquitos Lagoon Double Track project (BLOT) will be utilizing both northern and southern access point for ingress/
egress to and from the project site. Over the course of this four-year project revisions to traffic control plans will be discussed and
submitted as required depending upon the logistics of project construction and controlling project activities.
• LA COSTA FLAGGER -CARLSBAD -8-24 Vl : This document is the most recent TCP submitted to the City of Encinitas for ingress/
egress from La Costa Avenue.
Additionally, as discussed SAN DAG is working on a secondary southern access to the project site from Coast Highway. This access area
needs to be cleared by both USFW and CACC (currently in process), and then submitted as a traffic control plan revision to the City of
Encinitas for review and approval.
• Proposed Entrance from 101 (South Access): This document is a depiction of the approximate proposed second southern access
point to the project site. Due to file size, the attachment will be sent under separate email.
Lastly, the traffic control permit for the Ponto Drive project access point has been submitted to the City of Carlsbad and returned with
comments. FSSW, the BLOT Contractor is currently addressing the comments. Once a finalized agreement between SANDAG and the
property owner, Fenton, is executed, a letter of agreement with be forward to the City of Carlsbad. With the agreement executed FSSW
will revise the TCP in accordance with any new City of Carlsbad comments and resubmit.
• ROW2024-0518 APP -Traffic Control Plan: Shows the project access point for ingress and egress to the project site from Ponto
Drive moved about 100 meters south of the originally permitted entrance. This revised access point has been approved by the
USFW and CACC (please see recent email sent today from Tim Pesce).
Should you have any additional questions please do not hesitate to contact me at your earliest convenience.
Thank you.
Stephen M Fordham, PE, QSD (he/ him/ his)
Senior Transportation Engineer
619.871.9699 mobile
Carlsbad Construction Field Office -Primary
5135 Avenida Encinas, Suite B, Carlsbad, CA 92008
Kearny Mesa Construction Field Office
4909 Murphy Canyon Road, Suite 520, San Diego, CA 92123
[ _ i&J 1 1 Pursuing a brighter future for all
[ti I~ jg] I jg] I i&l-1
Learn about our commitment to equity
SANDAG office hours are Monday -Thursday and eve,y other Friday from B a.m. -5 p.m.
From: Jill Bankston <jbankston@encinitasca.gov>
Sent: Thursday, August 29, 2024 8:45 AM
To: Stephen Fordham <Stephen.Fordham@sandag.org>
Subject: FW: BLDT
CAUTION: This email originated from outside of SAN DAG. Do not click links or open attachments unless you are
ex ectin the content.
Hi Stephen,
Carlsbad reached out to Bruce to get additional info on BLOT. Looping you in, as you likely have more of the project specific info.
Thanks,
Jill
IRl
Jill Bankston, P.E.
Director of Engineering/City Engine.er
Engineering Department
SOS South Vulcan Ave, Encinitas, CA 92024
760-633-2839 1 jbankston@encinitasca.gov
www.encinitasca.gov
Report an issue through MyEncinitas! l -(I] H (I]
From: Tom Frank <tom frank@carlsbadca gov>
Sent: Wednesday, August 28, 2024 5:45 PM
To: Jill Bankston <ibankston@encinitasca.gov>
Cc: John Kim <John.Kim@carlsbadca .gov>; Paz Gomez <Paz.Gomez@carlsbadca.gov>; Nikki Matosian <Nikki.Matosian@carlsbadca .gov>;
Lindsey Hansen <Lindsey.Hansen@carlsbadca.gov>; Mike Strong <Mike Strong@carlsbadca.gov>; Smith, Bruce
<bruce.smith@sandag.org>: Jason Geldert <Jason.Geldert@carlsbadca gov>; Tim Carroll <Tim.Carroll@CarlsbadCA.gov>
Subject: RE: BLDT
CAUTION: External Email. Do not click any links or open attachments unless you recognize the sender, verified their email
address, and know the content is safe.
Hi Jill,
I'm looping Bruce Smith into the conversation to assist in answering questions. Can you or Bruce send us their latest existing
traffic control (TC) plans and project haul routes and estimated load tonnage. How does this proposed change, revise their
previous TC and planned haul routes?
Did SAND AG received approval by the Coastal Commission for the changed access point and can you provide a copy of
correspondences to help keep our team current on the project issues?
Thanks,
I l
Tom Frank, PE
Transportation Director/City Engineer
Public Works Branch