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HomeMy WebLinkAboutCDP 98-32; Kevin Sturdy Lot 20; Coastal Development Permit (CDP) (14)Merkel & Associates, Inc. 5434 Ruffin Road, San Diego.CA 92123 Tel: 858/560-5465 • Fax: 858/560-7779 e-mail: associates@merkelinc.com December 2, 2002 M&A # 02-003-01 Ms. Ann Hysong ; City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008-7314 Re: Proposal to Implement the Batiquitos Slope Enhancement at the Hernandez Property in Carlsbad, CA Dear Ms. Hysong Merkel & Associates, Inc. (M&A) has been providing restoration, monitoring, and maintenance services for the Batiquitos Slope Enhancement project located in lots 20 (Hernandez residence) and 21 (Pellegrino residence) at Navigator Circle in the City of Carlsbad for the past nine months. Restoration materials were installed according to M&A's original proposal to provide these services dated January 10, 2001. As of March 15, plants, seed, and irrigation have been installed, and the enhancement site has been maintained to ensure it achieves success criteria set forth in the original proposal. The disturbed area requiring restoration lies on two properties at the top of the northern slope adjacent to Batiquitos Lagoon. The area of cleared vegetation also spills south into an area designated as Lot 181 Open Space Easement located on the northernmost boundary of Batiquitos Lagoon. Mr. Hernandez was required to enhance disturbed habitat located on both properties in order to occupy his newly constructed home. During a recent maintenance visit to the site, our revegetation crew was approached by E.J. and Carol Pellegrino of lot 21, and told to cease maintenance activities on the Pellegrino portion of the restoration area. Additionally it was discovered that the irrigation system covering this area had been shut off, and a small fence (24") had been installed with a no trespassing sign in place. I personally visited the site on October 28, 2002 to determine the vegetation's general health and approach the Pellegrinos regarding their portion of the enhancement area. The Pellegrinos explained that the irrigation was shut off due to erosion concerns on the slope. While several small rivulets are present, it is not believed that an undue amount of erosion has occurred which could threaten the integrity of the slope or promote siltation into Batiquitos Lagoon. They also explained that the fence had been installed to contain their dogs and would prefer that we not maintain revegetaion materials located within this fence. Finally, they were adamant about preserving their view of the coast and Batiquitos Lagoon and intended to trim native restoration materials, if required. My primary concern is for successful habitat establishment of the disturbed site. Consequently, if successful creation of habitat does not occur, our client, Mr. Hernandez, will be responsible for any further corrective action required to promote establishment. I am concerned that if the Pellegrinos continue to interfere with the enhancement, Mr. Hernandez will ultimately be liable for their actions. In order to continue to provide services for this project, I would like to know if Mr. Hernandez will be further responsible in providing monitoring and maintenance services for restored areas falling within the Mr. Hernandez M&A# 02-003-01 December 2, 2002 Pellegrino's property. Additionally, who will ultimately be responsible for impacts to restored and native vegetation located within the Pellegrino property? Any solutions you can provide to help alleviate this matter would be greatly appreciated. If you have any questions, please contact me at (858) 560-5465. Sincerely, Adam H. Behle Project Biologist attached: photos t^^-r