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HomeMy WebLinkAboutCDP 97-59; Levy Residence; Coastal Development Permit (CDP) (36)I. United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Field Office 2730 Loker Avenue West Carlsbad, California 92008 February 13, 1997 Robert 0. Sukup The Sea Bright Company 4322 Sea Bright Place Carlsbad, California 92008 Re: Revised conceptual development plan, dated January 27, 1997 for the property located immediately south and east of the Buena Vista Lagoon mouth, San Diego County, California. Dear Mr. Sukup: The U.S. Fish and Wildlife Service (Service) has reviewed your revised, cbnceptual blue-lined plan, dated January 27, 1997 (1-7-97 Plan) to construct two single family homes, driveway, parameter fence, and setbacks on the property located immediately south and east of the Buena Vista Lagoon (Lagoon) mouth. Your 1-7-97 Plan was prepared in response to our avoidance, minimization, and mitigation recommendations regarding potential impacts to the federally listed endangered California light-footed clapper rail (Rallus longirostris obsoletus) (rail) and other sensitive biological resources discussed in previous correspondence with you. Correspondence includes a Service letter addressed to you, dated April 9, 1997 (Attachment l), a document titled "Biological Report of Environmental Conditions at a Site Adjacent to Buena Vista Lagoon, Carlsbad, CA,"prepared by Pacific Southwest Biological Services and dated October 15, 1997 (Biological Report), and an office meeting on January 22, 1997 with you, John Levy (your client), Tim Dillingham of the California Department of Fish and Game (CDF&G), and Bill Ponder of the California Coastal Commission (CCC) and Martin Kenney and Jeff Manning of the Service. The Service's primary concern and mandate is the protection of fish and wildlife resources and their habitats. A priority of the Fish and Wildlife Service (Service) is to provide comments on any public notices issued for a Federal permit or license affecting the nation's waters (e.g., Clean Water Act, Section 404 and River and Harbor Act of 1899, Section 10). The Service is also responsible for administering the Endangered Species Act of 1973, as amended (ESA). Mr. Robert 0. Sukup 2 The Service has concerns regarding the future ecological viability of the proposed 100 foot buffer areas that you would be required to restore to native coastal scrub. In past correspondence with you, the Service recommended that you explore options to have a resource agency or a non-profit, conservation organization manage the area once you have complied with any restoration requirements. During a February 6, 1997 telephone conversion with Mr. Levy, Mr. Manning explained that an irrevocable offer of dedication for the 100 foot buffer areas described in the 1-7-97 Plan be made to the CDF&G by the property owner. The Service is also aware of a project proposed by the City of Oceanside to reconstruct the weir at the mouth of Buena Vista Lagoon approximately 200 feet from your project boundary. The proposed weir project may alter the elevation of the water and the shoreline contours of Lagoon. The Service recommends that you should consult with the City of Oceanside to identify potential conflicts between the City's proposed project and yours. The Service would concur with a final version of the 1-7-97 Plan given the following measures are incorporated into the final development plan to avoid and/or minimize potential impacts to the rail and other sensitive fish and wildlife resources: 1. A 100-foot buffer from the mean high water level to all structures, roads, and fences shall be established as described in the 1-7-97 Plan. The property owner shall make an irrevocable offer of dedication for this buffer area to the CDF&G. This offer should be recorded in a standard easement document signed by the CDF&G and the property owner, and should include language that requires the offer of dediGation prior to obtaining a development permit from the City of Carlsbad. _- 2. Restoration of the 100-foot buffer area shall occur prior development and shall include removal of non-native plant species and applying a native coastal scrub grass seed mix. ,3. Grading the slope of the property and/or constructing barriers along the parameter of the property to prevent urban runoff containing herbicides, insecticides, and pesticides from draining into the marsh and the Lagoon. 4. Installing a 72 inch high solid parameter fence along the west, north, and, east portions of project site (as described in the 1-7- 97 Plan) to reduce the likelihood of pets, such as cats, from entering the marsh. Mr. Robert 0. Sukup 3 5. To prevent lighting of the marsh and lagoon environments, the project shall include a combination of shields and low level lights on all outdoor lighting fixtures. We appreciate the opportunity to comment on your project and your cooperation in modifying your project to avoid and minimize adverse effects to sensitive wildlife and habitats utilized by them. Since your Plan for this development are still conceptual in nature, the Service reserves the right to make additional comments regarding this development in the future. You should be aware that your proposed development will be subject to the review of the City of Carlsbad, City of Oceanside, CCC, and CDF6cG. These entities may require additional requirements beyond what is identified in this letter. If you have any questions regarding these comments, please contact Jeff Manning of this office at (619) 431-9440. 6 Sincerely , Field Supervisor cc: * Corps Regulatory, San Diego Office, CA (Attn: David Zoutendyke) * CDF&G, Long Beach, CA (Attn: Tim Dillingham) * EPA, Region 9, San Fran., CA (Attn: Harriet Hill/Becky Tuden) * California Coastal Commission, SD, CA (Attn: Bill Ponder) * City of Carlsbad, CA (Attn: Diane Vanleggelo, Planning * City of Oceanside, CA (Attn: Micheal Holzmiller, Planning Dir.) Department and Peter Weiss, Engineering Department)