HomeMy WebLinkAboutCDP 99-51; South Carlsbad Village Storm Drains; Coastal Development Permit (CDP) (8)STATE OF CAUFOHNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
6/21/99
8/9/99
12/21/99
WNP-SD
11/16/99
Hearing Date: 12/7-10/99
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-99-88
Applicant: City of Carlsbad Agent: PaulKlukas
Description:
Site:
Construction of 900 foot long parallel and adjacent replacement
pipelines: one a 84-inch (formerly 63-inch) storm drain pipeline and the
other a 54-inch (formerly 48-inch) sewer main pipeline; a 200-foot long
storm drain outfall and 7-foot thick energy dissipater is also proposed
on the north shore of Agua Hedionda Lagoon.
East side of San Diego Northern railroad right of way, between
Tamarack Avenue and Agua Hedionda Lagoon, Carlsbad, San Diego
County. APN 210-010-09, 11
Substantive File Documents: Certified Agua Hedionda Land Use Plan,
Hydrologic/Hydraulic Computation Report of South Carlsbad Village
Storm Drain and Vista/Carlsbad Interceptor Sewer prepared by Earth
Tech, dated September 10,1999
STAFF NOTES:
Summary of Staffs Preliminary Recommendation:
Staff is recommending approval of the proposed project, subject to several special
conditions. The project raises concerns relative to potential impacts to wetland resources
and water quality of the lagoon. To address these concerns, special conditions have been
attached which will bring the proposed project into conformance with Chapter 3 policies
of the Coastal Act. Specifically, Special Condition #1 requires that final
construction/staging/flagging/fencingjplans for the proposed improvements be submitted
which identify that the construction site and staging areas shall be located in a manner
that has the least impact on wetland vegetation. Special Condition #2 requires the
applicant to identify the location for the disposal of any removed riprap. Special
Condition #3 requires implementation of a Best Management Practices program to
6-99-88
Page 2
address water quality issues. Special Condition #4 addresses grading and allows for the
applicant to grade during the rainy season with the incorporation of permanent erosion
control devices prior to or concurrent with the commencement of construction.
PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
I. MOTION: I move that the Commission approve Coastal
Development Permit No. 6-99-88 pursuant to the staff
recommendation.
STAFF RECOMMENDATION OF APPROVAL;
Staff recommends a YES vote. This will result in adoption of the following resolution
and findings. The motion passes only by affirmative vote of a majority of the
Commissioners present.
RESOLUTION TO APPROVE THE PERMIT:
The Commission hereby approves a coastal development permit for the proposed
development and adopts the findings set forth below on grounds that the development as
conditioned, will be in conformity with the policies of Chapter 3 of the Coastal Act and
will not prejudice the ability of the local government having jurisdiction over the area to
prepare a Local Coastal Program conforming to the provisions of Chapter 3. Approval of
the permit complies with the California Environmental Quality Act because there are no
further feasible mitigation measures or alternatives that would substantially lessen any
significant adverse impacts of the development on the environment.
n. Standard Conditions.
See attached page.
HI. Special Conditions.
The permit is subject to the following conditions:
1. Final Construction/Staging/ Flagging/Fencing Plans. Prior to issuance of the
coastal development permit, the applicant shall submit to the Executive Director for
review and written approval, final construction/staging/flagging/fencing_plans for the
proposed improvements. Such plans shall be in substantial conformance with the
preliminary construction plans submitted with the application by Earthtech, dated June
21,1999. The detailed plans shall be incorporated into the construction bid documents
and include the following:
6-99-88
Page 3
a. Access corridors and staging areas shall be located in a manner that has the least
impact on coastal resources. No staging of materials shall occur within sensitive
habitat areas. If more than one staging site is utilized, the plans shall indicate
which sites are connected with which portions of the overall development, and
each individual site shall be removed and/or restored immediately following
completion of its portion of the overall development.
b. the salt marsh located adjacent to the proposed riprap dissipater shall be flagged
by a qualified biologist and a fence must be installed between the proposed
riprap and the salt marsh. No staging or storage of equipment shall occur within
the fenced salt marsh. The fence shall be removed after completion of the
project.
c. The construction corridor shall be revegetated to the extent necessary to re-
establish the area to its pre-construction condition.
2. Disposal of Removed Riprap. Prior to the issuance of the coastal development
permit, the applicant shall identify the location for the disposal of any removed riprap. If
the site is located within the coastal zone, a separate coastal development permit or
permit amendment shall be obtained prior to such disposal.
3. Water Quality/ Best Management Practices (BMPsX PRIOR TO THE ISSUANCE
OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for the
review and written approval of the Executive Director, a BMP program for the proposed
development. At a minimum, the program shall incorporate measures that shall reduce
sediment and pollutants in runoff from the project site and shall include the following:
a. Implementation of a routine sweeping program of the paved areas that drain
into the subject storm drain system. The Street Sweeping Program shall
include a plan for implementing solid waste (trash removal) and street
sweeping and cleaning programs for the area which is served by the proposed
storm drain improvement project. The program shall include provisions for
street sweeping to be conducted prior to the onset of storm season, no later
than October 15th of each year. .
b. Installation of oil/grease separators and trash racks at all inlets located along
Oak Avenue and Chestnut.
The permittee shall undertake the development in accordance with the approved plan.
Any proposed changes to the approved plan shall be reported to the Executive Director.
No change to the plan shall occur without a Commission-approved amendment to the
permit unless the Executive Director determines that no such amendment is required.
4. Grading and Erosion Control. PRIOR TO THE ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and
6-99-88
Page 4
written approval of the Executive Director, final grading plans that shall conform to the
following requirements:
a) Grading activities shall not occur during the rainy season (the period from
October 1st to March 31st of each year) unless temporary and permanent erosion
control devices are installed as described below. Such devices shall be installed
prior to or concurrent with on-site grading activities.
b) All disturbed areas will be replanted immediately following grading. Prior to
commencement of any grading activity, the permittee shall submit a grading
schedule to the Executive Director.
c) The use of temporary erosion control measures, such as berms, interceptor
ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized
in conjunction with plantings to minimize soil loss from the construction site and
to facilitate incremental grading.
The permittee shall undertake the development in accordance with the approved plans.
Any proposed changes to the approved plans shall be reported to the Executive Director.
No changes to the plans shall occur without a Coastal Commission approved amendment
to this coastal development permit unless the Executive Director determines that no
amendment is required.
IV. Findings and Declarations.
The Commission finds and declares as follows:
1. Detailed Project Description. The South Carlsbad Village Storm Drain project
involves construction of a backbone storm drain system extending from the middle basin
of Agua Hedionda Lagoon northward approximately 5,500 feet along the alignment of
the San Diego Northern Railway (SDNR) right-of-way to Oak Avenue in Carlsbad. Only
the portion of the project that is south of Tamarack Avenue is within the Commission's
jurisdiction, about 900 lineal feet. The remainder of the project is within the City's
permit jurisdiction pursuant to the City's certified LCP for the Mello n segment.
Within the Commission's jurisdiction the existing storm drain is underground and
consists of a 63-inch diameter reinforced concrete pipe which is proposed to be replaced
with an 84" diameter pipe. The outfall from the existing pipe to Agua Hedionda Lagoon
consists of a 10-foot wide and 8-foot deep concrete-lined channel, approximately 200-
feet in length. A rip rap field at the end of the outfall was originally in place to serve as
protection and for energy dissipation; however, the riprap has now settled into the
substratum and is no longer functioning as a dissipater. This riprap will either be
removed or supplement the proposed energy dissipation system. The City proposes to
install a 7-foot thick, 130-foot long riprap dissipation system to prevent erosion of
sediments resulting from tidal fluctuation. This system would replace the existing 200-
6-99-88
PageS
foot long concrete channel. The proposed rip rap field is intended to reduce the velocity
of storm waters existing the storm drain, thereby reducing erosion on the shoreline of the
lagoon.
In addition to the storm drain, a 54" wide replacement underground sewer line is
proposed parallel and adjacent to the proposed storm drain that would extend from Oak
Avenue to Agua Hedionda Lagoon. This new sewer line will connect with an existing
sewer line that continues to the Encina wastewater plant. According to the City, the
existing 48" sewer line, constructed in 1963, was undersized for the areas that it was
intended to ultimately serve.
The portion of the proposed project that is within the Commission's permit jurisdiction,
i.e., the portion between Tamarack Avenue and the lagoon, is within the Agua Hedionda
Lagoon segment of the Carlsbad local coastal program. The LUP for this segment was
certified in 1982, however, no implementing ordinances have been certified for this
segment. Therefore, this portion remains in the Commission's permit jurisdiction, and
the standard of review is the Chapter 3 policies of the Coastal Act, with the certified LUP
providing guidance.
2. Biological Resources/Geologic Stability/Water Quality. The following Chapter 3
policies of the Coastal Act are applicable and state:
Section 30230.
Marine resources shall be maintained, enhanced, and where feasible, restored.
Special protection shall be given to areas and species of special biological or
economic significance. Uses of the marine environment shall be carried out in a
manner that will sustain the biological productivity of coastal waters and that will
maintain healthy populations of all species of marine organisms adequate
Section 30231.
The biological productivity and the quality of coastal waters, streams, wetlands,
estuaries, and lakes appropriate to maintain optimum populations of marine
organisms and for the protection of human health shall be maintained and, where
feasible, restored through, among other means, minimizing adverse effects of
waste water discharges and entrainment, controlling runoff, preventing depletion
of ground water supplies and substantial interference with surface water flow,
encouraging waste water reclamation, maintaining natural vegetation buffer areas
that protect riparian habitats, and minimizing alteration of natural streams.
16-99-88
Page 6
Section 30240
Environmentally sensitive habitat areas shall be protected against any
significant disruption of habitat values, and only uses dependent on those
resources shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas and
parks and recreation areas shall be sited and designed to prevent impacts which
would significantly degrade those areas, and shall be compatible with the
continuance of those habitat and recreation areas.
Section 30235.
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls,
and other such construction that alters natural shoreline processes shall be
permitted when required to serve coastal-dependent uses or to protect existing
structures or public beaches in danger from erosion, and when designed to
eliminate or mitigate adverse impacts on local shoreline sand supply. Existing
marine structures causing water stagnation contributing to pollution problems and
fish kills should be phased out or upgraded where feasible.
Section 30236.
Channelizations, dams, or other substantial alterations of rivers and streams shall
incorporate the best mitigation measures feasible, and be limited to (1) necessary
water supply projects, (2) flood control projects where no other method for
protecting existing structures in the floodplain is feasible and where such
protection is necessary for public safety or to protect existing development, or (3)
developments where the primary function is the improvement of fish and wildlife
habitat.
Within the Commission's jurisdiction the existing storm drain is underground and
consists of a 63-inch reinforced concrete pipe which is proposed to be replaced with an
84" pipe. The outfall from the existing pipe to Agua Hedionda Lagoon consists of a 10-
foot wide and 8-foot deep concrete-lined channel, approximately 200-feet in length. A
riprap field at the end of the outfall was originally in place to serve as protection and for
energy dissipation; however, the riprap has now settled into the substratum and is no
longer functioning as a dissipater. The proposed up to 7-foot thick riprap field is
proposed to prevent erosion of sediments resulting from tidal fluctuation. The energy
dissipater will control the velocity of storm waters and thereby reduce erosion on the
shoreline of the middle basin of the lagoon. The energy dissipater will be entirely on
upland such that no fill of open coastal waters, wetlands or estuaries is proposed.
Immediately adjacent to the outfall and riprap on the east is salt marsh; however, no
impacts to that salt marsh are proposed with this project. Although no impacts are
6-99-88
Page?
proposed, the Commission is concerned about the potential for indirect adverse impacts
to the salt marsh during construction. The Commission finds that the salt marsh will be
protected from indirect impacts if it is fenced during all phases of construction. For that
reason, Special Condition #1 requires the pickleweed must be flagged and a fence be
installed between the proposed placement of the riprap and the pickleweed. The fence
should then be removed after completion of the project. An amendment to this permit
would be required if any impacts are proposed to the salt marsh after the project is
installed. Special Condition #1 also requires revegetation of the construction corridor to
re-establish the area consistent with its present character and a staging plan be submitted
which indicates no environmentally sensitive areas would be used to stage the project.
Special Condition #2 requires that the location for the disposal of any removed riprap be
identified. If the site is located within the coastal zone, a separate coastal development
permit or permit amendment to this permit is required before such disposal can occur.
Coastal Act section 30231 requires protection of the biological productivity of estuaries
and other coastal waters. The proposed project will widen a storm drain that carries
storm water runoff into Agua Hedionda Lagoon. Because storm water runoff has the
potential to carry pollutants into the lagoon, it has the potential to degrade the water
quality of the lagoon, thereby adversely affection the biological productivity of the
lagoon. The City has provided information collected over the past 7 years as part of the
National Pollutant Discharge Elimination System Program (NPDES) monitoring
program. One of the collection and testing locations was the discharge point for the
existing pipeline at the Agua Hedionda Lagoon. The City states that at no time during
these 7 years has any contaminants been detected and that there will be no change in the
runoff itself (physical, biological & chemical properties). The contaminants the City
tested for include copper, total chlorine, detergents, phenols, and ammonia. Based on the
information given by the City, no hydrocarbon testing was done. The City concludes that
based on this information there is no reason to install a filter type system to maintain
water quality.
However, the project proposes construction BMPs as part of the Storm Water Pollution
Prevention Plan. These include measures such as stabilizing disturbed areas, controlling
the site perimeter from excessive sediment, controlling internal erosion through
temporary barrier basins, including silt fences, straw bales, proper material delivery and
storage, solid, concrete and hazardous waste management, vehicle and equipment
cleaning, erosion and sediment control (seeding and planting, dust control), stabilizing
construction entrances, maintaining protection devices by removing all accumulated
material after any significant rainfall or when accumulated material exceeds 6 inches,
remove dirt as soon as excavated to eliminate a large stockpile and avoiding significant
dirt stockpiles which would result in muddy streets.
Major pollutants such as petroleum hydrocarbons can be found in runoff from roads
serving commercial and residential areas. The proposed storm drain improvements are
associated with a system which serves a mixed use urban part of downtown Carlsbad.
16-99-88
PageS
The point of discharge for the subject storm drain is located in the Agua Hedionda
Lagoon. Coastal Act Policies callfor the maintenance, enhancement and where feasible
restoration of marine resources. More specifically Coastal Act policies 30230, 30231,
30235 and 30236 all require that water quality be preserved and maintained.
The Commission finds that controlling pollutants contained in runoff draining from roads
located in urban areas will serve to minimize impacts associated with development on
coastal resources. While this particular discharge may be meeting standards, the
cumulative impact of discharge from 23 or so storm drains into this lagoon may be
creating adverse impacts, as Agua Hedionda was included in a draft 303d list of impaired
waters in 1996, and tested high for sediment and coliform bacteria. New information
regarding the severity of urban runoff on coastal resources suggests that City's and/or
developers incorporate BMPs into new development and upgrades so that incrementally,
in the long run, cumulative impacts will be reduced. In this case oil/grease separators at
inlets located along Oak Av. & Chestnut and trash racks may be effective BMPs to
reduce cumulative impacts. Additionally, the BMPs proposed by the City are for the
construction phase and do not include address water quality from the project after
installation of the improvements. Another measure to improve water quality in the longer
term would be the implementation of a street-sweeping program, which would be a less
expensive non-structural BMP which the City may have the capacity to do already.
Therefore, Special Condition #3 is imposed, which requires the applicant to incorporate
the above, in addition to the construction phase and structural (i.e., energy dissipation)
BMPs proposed. The required Street Sweeping Program is limited to the area which
drains into the subject storm drain system.
As noted, the proposed replacement sewer line is proposed parallel and adjacent to the
proposed storm drain that would extend from Oak Avenue to Agua Hedionda Lagoon.
However, its alignment is more removed from the salt marsh than the storm drain; thus,
no habitat impacts are anticipated from its installation.
Special Condition #4 requires that grading and erosion control plans be submitted which
identify grading activities shall not occur during the rainy season (the period from
October 1st to March 31st of each year) unless temporary and permanent erosion control
devices are installed prior to or concurrent with on-site grading activities. The condition
also requires that all disturbed areas will be replanted immediately following grading and
the use of temporary erosion control measures, such as berms, interceptor ditches,
sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction
with plantings to minimize soil loss from the construction site and to facilitate
incremental grading.
Commission staff asked the City to address the potential for diverting low flow storm
waters for the proposed storm drain to the parallel sewer pipeline. The City indicates that
the Encina Wastewater Authority joint powers agreement specifically excludes discharge
of storm water to the sewer collection system. The sewer discharges to the Encina
Wastewater Treatment Plant located south of Palomar Airport Road on Avenida Encinas.
6-99-88
Page 9
The Encina Wastewater Treatment facility is jointly owned by the City of Vista, City of
Carlsbad, Vallecitos Water District, Buena Sanitation District, Leucadia County Water
District and the City of Encinitas. The Encina Wastewater Authority would have to be in
a position to convince the Regional Board that no problems would occur at the treatment
' plant as a result of storm water flows. The City of Carlsbad has no authority to process
an amendment for the treatment plant. Also, The Regional Water Quality Control Board
(RWQCB) permit for operation of the treatment plant would have to be amended to
accommodate storm water flows. Since the treatment plant is designed strictly as a
biological treatment plant, storm water creates special problems to which the RWQCB is
especially sensitive.
According to the City, the basic premises for design and permitting of the Encina Wastewater
Treatment Plan are the volume and constituents of the contributing wastewater. Design
parameters in the existing treatment plant include only domestic wastewater and controlled
industrial wastewater contributions. Additionally, due to capacity of the plant, it is important to
limit the volume of flows into the plant. These design parameters result in a planned and
permitted hydraulic capacity (i.e., the amount of water the treatment plant can handle).
The City adds the following:
Storm water is an "uncontrolled" water source both in volume and constituency. An
uncontrolled source of this type can result in hydraulic overload (i.e., too much water) or
an unexpected constituent contribution which upsets the activated sludge balance. Either
of these scenarios would cause plant failure and subsequent NPDES Permit Violation.
Under recently expanded legislation, this places the plant at risk for mandatory fines for
permit violations. An activated sludge failure could take the treatment plant off-line for
weeks (until biological cultures could be re-established). During such a catastrophic
failure, untreated wastewater would be discharged to the ocean in direct violation of the
NPDES Permit.
Another possible scenario would be contamination of the bio-solids in such a manner as
to preclude normal disposal operations. The treatment plant is not currently designed
with fail-safe methods to accommodate alternate disposals, because the basis of design as
mentioned above is "controlled wastewater sources".
Based on the City's above representations, the Commission finds that the storm drain water does
not have to be diverted through the sewer system. However, the City has also indicated that it is
looking in the long term to address such a concern and that there is the possibility that the storm
drain could be retrofitted in the future should such an option become feasible.
In summary, as required to submit habitat preservation and rip rap disposal plans and a
water quality preservation plan that would include trash racks and oil/grease separators at
inlets located along Oak Av. & Chestnut, and implementation of a street sweeping
program for the area which drains into the subject storm drain system, the Commission
finds the proposed project can be found consistent with the above Coastal Act sections.
6-99-88
Page 10
As conditioned, no adverse impacts to water quality are anticipated from either the storm
drain or sewer line.
3. Public Access. A portion of the proposed development is located between the
designated first public roadway and the sea. As such, a public access finding must be
made, pursuant to Section 30604(c) of the Coastal Act. The project discharge is located
on the middle basin of Agua Hedionda Lagoon near the shoreline. However, this is a
location where public access in not desirable as sensitive wetlands occur along the north
shore. Although the certified Agua Hedionda Lagoon LUP identifies that public access
shall be provided along the north shore of the lagoon, the trail is not proposed at this
location. Given the above constraints, the Commission finds the proposed project can be
found consistent with the public access policies of the Coastal Act.
4. Growth Inducement. Regarding the upsizing of the proposed storm drain and
sewer lines, the sewer line was constructed in 1963 and was undersized for the area that it
ultimately serves. The City has provided a hydraulic analysis for design of the sewer
interceptor pipeline. This data confirms information provided in the City of Carlsbad's
Master Plan of Sewerage dated January 1992 specifying a pipeline diameter of 48-inches
and 54-inches along the subject railroad right of way. The City has also provided a
hydrology study for the storm drain. The proposed diameters of the pipeline are the same
as those recommended in the Master Drainage and Storm Water Management Plan dated
March 1994. The City also indicates the proposed upsizing is necessary to conform to
General Plan demand projected in the downtown area of Carlsbad. All growth in demand
associated with the line is associated with the line is in conformance with the existing
General Plan and Local Coastal Program. No additional growth, beyond the existing
approved buildout land use pattern, is proposed to be accommodated by the line. In
addition, the City indicates the storm drain upsizing is also necessary due to undersized
and in some cases non-existent drainage facilities. The proposed improvements will
alleviate present flooding problems in Carlsbad that occur during rain events. Based on
the above, the Commission finds the project will not be growth inducing and can be
found consistent with Section 30254 of the Coastal Act.
5. Local Coastal Planning. Section 30604 (a) also requires that a coastal
development permit shall be issued only if the Commission finds that the permitted
development will not prejudice the ability of the local government to prepare a Local
Coastal Program (LCP) in conformity with the provisions of Chapter 3 of the Coastal
Act. In this case, such a finding can be made.
The Agua Hedionda Land Use Plan (LUP) designates the project area as "Utility"; the
project is consistent with that designation. The LUP provides that all new utility systems
shall be placed underground as feasible. As conditioned, the project is also consistent
with the habitat preservation policies of the Coastal Act which is the standard of review
and the certified Agua Hedionda Land Use Plan and should not prejudice the ability of
the City of Carlsbad to prepare a fully certifiable Local Coastal Program.
6-99-88
Page 11
6. California Environmental Quality Act (CEO A) Consistency. Section 13096 of
the Commission's administrative regulations requires Commission approval of a Coastal
Development Permit to be supported by a finding showing the permit, as conditioned, is
consistent with any applicable requirements of the California Environmental Quality Act
(CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from
being approved if there are feasible alternatives or feasible mitigation measures available,
which would substantially lessen any significant adverse effect, which the activity may
have on the environment.
As conditioned, the proposed project has been found consistent with the resource
protection and public access policies of the Coastal Act. The attached mitigation
measures will minimize all adverse environmental impacts. As conditioned, there are no
feasible alternatives or feasible mitigation measures available which would substantially
lessen any significant adverse impact which the activity may have on the environment.
Therefore, the Commission finds that the proposed project, as conditioned to mitigate the
identified impacts, is the least environmentally damaging feasible alternative and can be
found consistent with the requirements of the Coastal Act to conform to CEQA.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or authorized
agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed in a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as
set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and the
development during construction, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit accepting all terms and conditions of the
permit.
6-99-88
Page 12
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
(G:\San DiegoVReportsM 999\6-99-88Crlsbdsftrpt.doc)
PROJECT LOCATION
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EXHIBIT NO. 1
APPLICATION NO.
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City of Carlsbad
Novembers, 1999
Public Works — Engineering
NOV 5 - 1999
CALIFORNIA
Bill Ponder
CALIFORNIA COASTAL COMMISSION
311T Camino del Rio North
Suite 200
San Diego, CA 92121
RE: SOUTH CARLSBAD VILLAGE STORM DRAIN/SEWER PIPELINES
Coastal Development Permit Application #6-99-88
Dear Mr. Ponder:
The following information is provided in response to your request for additional detail on
treatment plant operations:
"The basic premises for design and permitting of the Encina Wastewater Treatment Plant
are the volume and constituents of the contributing wastewater. Design parameters in
the existing treatment plant include domestic wastewater and controlled industrial
wastewater contributions. Additionally, due to the capacity of the plant it is important to
limit the volume of flows into the plant. These design parameters result in a planned and
permitted hydraulic capacity (i.e. the amount of water the treatment plant can handle).
Storm water is an "uncontrolled" water source both in volume and constituency. An
uncontrolled source of this type can result in hydraulic overload (i.e. too much water)
or an unexpected constituent contribution which upsets the activated sludge balance.
Either of these scenarios would cause plant failure and subsequent NPDES Permit
Violation. Under recently established legislation, this places the plant at risk for
mandatory fines for permit violations. An activated sludge failure could take the
treatment plant off-line for weeks (until biological cultures could be re-established).
During such a catastrophic failure, untreated wastewater would be discharged to the
ocean in direct violation of the NPDES Permit.
Another possible scenario would be contamination of the bio-solids in such a manner as
to preclude normal disposal operations. The treatment plant is not currently designed
with fail-safe methods to accommodate alternate disposals, because the basis of design
as mentioned above is "controlled" wastewater sources."
If you have any more questions or require additional information, please feel free to contact me
at (760) 438-3367 ext. 7124.
Sincerely,
KELLY WEAVER, P.E.
ASSOCIATE ENGINEER
cc: File 91-403 Environmental - Coastal Development Permit
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX
EXHIBIT NO. 5
APPLICATION NO.
6-99-88
City Letter Treatment
Operations
California Coastal Commission
SEP 2 0 1999
CALIFORNIA
COASTAL COMMISSION
SAN DIEGO COAST DISlRICT
EXISTING FRESHWATER MARSH
PROPOSED UNDERGROUND 54'
STORM DRAIN PIPE
PROPOSED 48" SEWER LINE ADJACENT-
TO PROPOSED STORM DRAIN
EXISTING UNVEGETATED DIRT
DRAINAGE CHANNEL
(TO BE REPLACED BY UNDERGROUND
PIPE)
TJ
J3
(Da
CO
(DO.^j»o'w
<p q
oo ooo z
EXISTING FRESHWATER MARSH
EXISTING 63" UNDERGROUND STORMDRAIN
(TO BE REPLACED BY 84" RCP DRAIN)
PROPOSED 54" SEWER LINE ADJACENTTO STORM DRAIN
PROPOSED STORM DRAIN OUTFALL
STRUCTURE AD RIP-RAP FIELD
mx
ro
p
O5
arlsbad Village Sewer/Storm Drain Project
ty of Carlsbad
LEGEND
EXISTING FRESHWATER MARSH
Nate: Delineated As Waters Of The U.S.
EXISTING UNVEGETATED DIRT CHANNEL
TO BE REPLACED BY PROPOSED 54"UNDERGROUND RCP STORM DRAIN
Note: Delineated As Waters Ol The U.S
EXISTING UNDERGROUND 63" RCP
STORM DRAIN
TO BE REPLACED BY PROPOSED
UNDERGROUND 84' RCP STORM DRAIN
PROPOSED SEWER LINE
TO REPLACE EXISTING LINE
PROPOSED STORM DRAIN OUTFALL
STRUCTURE
PS96020?DATE: M*n.X>. t
APPENDIX D
AGENCY PERMITS
6/7/99 Contract No. 318216,35281,35331 Page 120 of 118 Pages
STATE OF CALIFORNIA--THE RESOURCES AGENCY GRAY DAVIS. Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAM1NO DEL RIO NORTH. SUITE 200
SAN DIEGO. CA 92108-1725
(619) 521-8036
COASTAL DEVELOPMENT PERMIT NO. 6-99-88
Page 1 of 4
On December 8.1999 the California Coastal Commission granted to
City of Carlsbad this permit for the development described below, subject to
the attached Standard and Special Conditions.
Description: Construction of 900 foot long parallel and adjacent replacement
pipelines: one a 84-inch (formerly 63-inch) storm drain pipeline and the
other a 54-inch (formerly 48-inch) sewer main pipeline; a 200-foot long
storm drain outfall and 7-foot thick energy dissipater is also proposed
on the north shore of Agua Hedionda Lagoon.
Site: East side of San Diego Northern railroad right of way, between
Tamarack Avenue and Agua Hedionda Lagoon, Carlsbad, San Diego
County. APN 210-010-09,11
Issued on behalf of the California Coastal Commission by
PETER DOUGLAS
Executive Director
and
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF
THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED
TO THE COMMISSION OFFICE.
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of
this permit and agrees to abide by all terms and
conditions thereof.
I- IO-00
Date Signature of Permittee
COASTAL DEVELOPMENT PERMIT NO. 6-99-88
Page 2 of _4_
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and development
shall not commence until a copy of the permit, signed by the permittee or authorized
agent, acknowledging receipt of the permit and acceptance of the terms and
conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years
from the date on which the Commission voted on the application. Development
shall be pursued in a diligent manner and completed hi a reasonable period of time.
Application for extension of the permit must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as
set forth below. Any deviation from the approved plans must be reviewed and
approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be
resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and the
development during construction, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided assignee
files with the Commission an affidavit accepting all terms and conditions of the
permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
The permit is subject to the following conditions:
1. Final Construction/Staging/ Flagging/Fencing Plans. Prior to issuance of the
coastal development permit, the applicant shall submit to the Executive Director for
review and written approval, final construction/staging/flagging/fencing_plans for the
proposed improvements. Such plans shall be in substantial conformance with the
preliminary construction plans submitted with the application by Earthtech, dated June
21,1999. The detailed plans shall be incorporated into the construction bid documents
and include the following:
COASTAL DEVELOPMENT PERMIT NO. 6-99-88
Page 3 of _4_
a. Access corridors and staging areas shall be located in a manner that has the
least impact on coastal resources. No staging of materials shall occur within
sensitive habitat areas. If more than one staging site is utilized, the plans shall
indicate which sites are connected with which portions of the overall
development, and each individual site shall be removed and/or restored
immediately following completion of its portion of the overall development.
b. the salt marsh located adjacent to the proposed riprap dissipater shall be
flagged by a qualified biologist and a fence'must be installed between the
proposed riprap and the salt marsh. No staging or storage of equipment shall
occur within the fenced salt marsh. The fence shall be removed after
completion of the project.
c. The construction corridor shall be revegetated to the extent necessary to re-
establish the area to its pre-construction condition.
2. Disposal of Removed Riprap. Prior to the issuance of the coastal development
permit, the applicant shall identify the location for the disposal of any removed riprap. If
the site is located within the coastal zone, a separate coastal development permit or
permit amendment shall be obtained prior to such disposal.
3. Water Quality/ Best Management Practices fBMPs). PRIOR TO THE
ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit
for the review and written approval of the Executive Director, a BMP program for the
proposed development. At a minimum, the program shall incorporate measures that shall
reduce sediment and pollutants in runoff from the project site and shall include the
following:
a. Implementation of a routine sweeping program of the paved areas that drain
into the subject storm drain system. The Street Sweeping Program shall
include a plan for implementing solid waste (trash removal) and street
sweeping and cleaning programs for the area which is served by the proposed
storm drain improvement project. The program shall include provisions for
street sweeping to be conducted prior to the onset of storm season, no later
than October 15th of each year.
b. Installation of oil/grease separators and trash racks at all inlets located along
Oak Avenue and Chestnut.
The permittee shall undertake the development in accordance with the approved plan.
Any proposed changes to the approved plan shall be reported to the Executive Director.
No change to the plan shall occur without a Commission-approved amendment to the
permit unless the Executive Director determines that no such amendment is required.
COASTAL DEVELOPMENT PERMIT NO. 6-99-88
Page 4 of 4
4. Grading and Erosion Control. PRIOR TO THE ISSUANCE OF THE
COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and
written approval of the Executive Director, final grading plans that shall conform to the
following requirements:
a) Grading activities shall not occur during the rainy season (the period from
October 1st to March 31st of each year) unless temporary and permanent erosion
control devices are installed as described below. Such devices shall be installed
prior to ot concurrent with on-site grading activities.
b) All disturbed areas will be replanted immediately following grading. Prior to
commencement of any grading activity, the permittee shall submit a grading
schedule to the Executive Director.
c) The use of temporary erosion control measures, such as berms, interceptor
ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized
in conjunction with plantings to minimize soil loss from the construction site and
to facilitate incremental grading.
The permittee shall undertake the development in accordance with the approved plans.
Any proposed changes to the approved plans shall be reported to the Executive Director.
No changes to the plans shall occur without a Coastal Commission approved amendment
to this coastal development permit unless the Executive Director determines that no
amendment is required.
(6-99-88p)
5IHIE UP UH L.WUC0 =» 760 S@2 H0.53S P001/802
Caiiforeia Regional Water ijiiafity -Control Board
San Drego Regton
Winston If. Ricfcox
Secretary for
Environmental
Protection
internet Address; ttttp:ffwww.s-wH:b.tagoW-rwt)cb<W
9771 C:aSim&^Mt^3eo!oTiHI, Suite A, SaBDitgo.Caiiibmia 52124-1324
Phone (858) 467-2952 • FAX (858) 571-6972
Gr»y Davis
Governor
FACSIMILE TRANSMITTAL
Date: WlSfW Tune Sent: 11:13 AM
TOt Naatet
, CtTY OF CARLSBAD
-££X (760)602-0614
-FROM: GLENN BUSKIRK
977rCTairenion( Jyiesa Blvd., Suite A
San Diego, CA. 92124 - 1324
Board Region 9
Telephone Number ( 858 ) 467=2705 FA£ # (858) 571-6972
Number of Pages Transmitted Including Cover Sheet: _ 2
COMMENTS:
COPY TO:
PLANNING
ACOE
P.AULKLUKAS, 760-931-0780.
760--S3T-5744FAX
MARK TUCKER FAX(619^674^5388
California Environmental Protection Agency
. JtecycleJ-Tapcr
,
REGION
The jtegiQ^1 ]^>ard has ^Vi^dltl^^J;s^j)r^cf^M iscpr^rjtihajafe^ater jpiaUjy standards WJJJ bejjrotected by this
prbje,^. Pursfctant tb ^bSokitibi)! No. 83-21 , which lias been Subsequently imtorpbrated intake Wate Quality (Jontrel Plan for the San
DiegQ'BasJn (9) 0a$iri Plajk); wi£$ discharge requirements are waived for this project on the date sjhown in this table. Pursuant to
Ciiifornia Cbde df Ifeg^ilatiohs, Secti(jii 3857, the Regional Board will take no farther action on tkif application, this is equivalent to
a wajye'r qf (pRfA. &ep|i6n 4^1 water ^ uality certification for ttiis project. Although we anticipate np further regulatory involvement,
should hexy infqrrttatioH come JQ dur jEJttention that indicates a water qjuality problem, we may issuq Waste discharge requirements at
If you haye any questions regarding the regional board's actions, please call me directly @ 858-637-5593 or email
Glenn Buskirk
Water Duality Certification Program
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, CORPS OF ENGINEERS
SAN DIEGO FIELD OFFICE || r/ |" " f ^ | 1/|,Y f \
16885 WEST BERNARDO DRIVE, SUITE 300A - > A.B I ", 1,, I,,*
SAN DIEGO, CALIFORNIA 92127
REPLY TO
June 26, 2000
Office of the Chief
Regulatory Branch
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT AUTHORIZATION
City of Carlsbad
Attention: Mr. Lloyd Hubbs
1635 Faraday Avenue
Carlsbad, California 92008
Dear Mr. Hubbs:
This is in reply to your letter (No. 982006900-SKB) dated May 18, 1999, concerning our
permit authority under Section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) over your
proposal to construct storm drain and sewer interceptor transmission pipelines including
replacement of an existing, earthen drainage channel (Area 1) with a new, buried, concrete storm
drain pipeline ranging in size from 54-inches to 84-inches in diameter. Area 1 will extend from
the west side of Interstate 5 right-of-way to the San Diego Northern Railway (SDNR) right-of-way
and from Oak Avenue southerly (2750ft) to Chinquapin Avenue with all the storm drain lines
within the public right- of-way. Area 2 will consist of replacing about 130ft of a riprap energy
dissipator, sloping downward from an elevation of 8ft to 1.7ft at the discharge point of the storm
drain into Agua Hedionda Lagoon, in the City of Carlsbad, San Diego County, California (See
Figure 1 and 2).
The Corps of Fjigineers has determined that your proposed activity complies with the
terms and conditions of nationwide permit NW03 [Federal Register, December 13,1996, pp.
65874-65922] for the repair, rehabilitation, or replacement of any previously authorized,
currently serviceable, structure or fill, or of any currently serviceable structure or fill authorized
by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those
uses specified or contemplated for it in the original permit or the most recently authorized
modification.
In addition, the Corps has determined that your proposed activity complies with the terms
and conditions of nationwide permit NW33 for temporary structures, work and discharges,
including cofferdams, necessary for construction activities or access fills or dewatering of
construction sites; provided that the associated primary activity is authorized by the Corps of
Engineers or the U.S. Coast Guard, or for other construction activities not subject to the Corps
or U.S. Coast Guard regulations.
As long as you comply with the attached nationwide permit terms and conditions, an
individual permit is not required. This letter of verification is valid for a period not to exceed two
years unless the nationwide permit is modified, reissued, revoked, or expires before that time.
-2-
Presently, all nationwide permits are scheduled to expire on February 11, 2002 except nationwide
permit NW 26 which is currently scheduled to expire on April 14,2000, or the effective date of the
new and modified NWPs, whichever occurs first. It is incumbent upon you to remain informed
of changes to the nationwide permits. We will issue a public notice announcing the changes
when they occur. Furthermore, if you commence or are under contract to commence this activity
before the date the nationwide permit is modified or revoked, you will have twelve months from
the date of the modification or revocation to complete the activity under the present terms and
conditions of the nationwide permit.
Furthermore, you must comply with the following Special Conditions:
1. Prior to the onset of construction, the permittee shall implement a contractor education
program to ensure that all onsite contractor(s), subcontractor(s), and foreperson(s) are informed of
the biologically sensitive resources associated with the project site and compliance with all the
terms and permit conditions herein. The permittee shall provide all onsite contractor(s),
subcontractor(s), and foreperson(s) a copy of this permit, require that all such contractors),
subcontractors), and foreperson(s) read, understand, and agree to this authorization in its
entirety, and provide the Corps written confirmation of this condition prior to initiating project
activities including name, signature, phone number and address of all contractors),
subcontractor(s), and foreperson(s). In addition, a copy of this authorization, with Special
Conditions, shall be included in all bid packages for the project and shall be posted onsite at all
times during construction.
2. The permittee shall provide written notification to the Corps of Engineers at least 7 days prior
to the start date of activities authorized by this permit as to the beginning and ending dates of the
authorized project.
3. The permittee shall allow representatives from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished within the terms
and conditions of this permit.
4. The permittee shall ensure all materials and staging, storage, dispensing, fueling and
maintenance of equipment shall be located in designated upland areas outside of Corps
jurisdiction to prevent any runoff from entering waters of the U.S.
5. No debris, soil, sand, silt, rubbish, cement or concrete washings thereof, oil or petroleum
products or washings thereof, shall be allowed to enter into or placed where it may be washed by
rainfall or runoff into waters of the U.S. When project operations are completed, any and all
excess construction materials, debris, and/or other associated excess project materials shall be
removed to an appropriate offsite location outside of Corps jurisdiction.
6. The permittee shall impact no more than 0.67 ac of waters of the U.S. (permanent impacts to
0.59 ac non-wetland waters and 0.08 freshwater marsh). The permittee shall mitigate permanent
impacts by planting 0.63 ac freshwater marsh in the created swale in Area 1, planting 0.04 ac
saltwater marsh in and around the riprap field in Area 2, and enhancing 1.34 ac freshwater marsh
-3-
along Calavera Creek by removing invasive plants.
7. The permittee shall submit final mitigation plans (based on the Draft Conceptual Mitigation
Plan for South Carlsbad Village Storm Drain/Sewer Line dated May 26, 2000 by Planning Systems) to
the Corps for approval a rninimurn of 30 days from the date of permit issuance. These final plans
shall be prepared in detail in accordance with the Los Angeles District Habitat Mitigation and
Monitoring Proposal Guidelines (June 1,1993). The final mitigation plans shall include: a) all final
specifications including topography-based layout of grading, planting, and irrigation (with 1.0
foot contours); b) submittal of as-built drawings of the mitigation grading, planting, and irrigation
to the Corps; c) a final implementation schedule that indicates when all wetland impacts, as well
as mitigation site grading, planting, and irrigation will begin and end; d) five years of success
criteria for wetland creation and temporary impact restoration areas; e) a minimum of five years
of maintenance and monitoring of wetland creation and temporary impact restoration areas,
unless success criteria are met earlier and all artificial water supply has been stopped for a
minimum of two years; f) planting palettes (plant species, size, and number per acre) and seed
mix (plant species and pounds per acre); g) a wetland delineation to confirm that Corps
jurisdictional wetlands have been successfully created prior to Corps final approval of the
mitigation; and h) annual mitigation maintenance and monitoring reports shall be submitted to
the Corps. Also, all wetland mitigation areas shall be graded to the same elevation as the
adjacent, existing wetlands and/or within one foot of the groundwater table, and shall be left in a
rough grade state with both macrotopographic and microtopographic relief (including channels)
that mimic natural wetland topography, as directed by the Corps. For the vegetation, all planting
shall be installed in such a manner that mimics natural plant distribution (e.g., random
distribution rather than uniform rows). In addition, on the first anniversary of plant installation,
all dead plants shall be replaced unless their function has been replaced by natural recruitment s
verified by the Corps. When success criteria are met, all artificial water supply has been stopped
for a minimum of two years, and evidence of wetland hydrology and natural recruitment of
native wetland vegetation are present onsite, the mitigation site will be considered, at the Corps
discretion, for approval.
8. The permittee shall retain a Corps-approved, qualified biologist(s) to review grading plans,
and oversee all aspects of construction monitoring that pertain to biological resource protection,
ensure compliance with all requirements of this permit including mitigation measures to
implement and monitor the wetlands mitigation program. The permittee shall submit the
biologist's name, address, telephone number, email address (if available), and work schedule on
the project to the Corps 7 days prior to initiating impacts to waters of the U.S. authorized by this
permit.
9. The permittee shall not remove/impact vegetation from March 15 to September 30 to avoid
impacts to nesting birds unless a qualified biologist surveys the proposed work area immediately
prior to the vegetation removal/impacts to ensure impacts to nesting birds will not occur.
10. The permittee shall clearly delineate areas of Corps jurisdictional waters and associated
riparian vegetation that are not to be removed and /or impacted during project implementation.
These restricted areas shall be clearly marked and/or barricaded to restrict access and ensure all
-4-
movement of construction contractor(s), subcontractor(s), and foreperson(s), including egress and
ingress of equipment and personnel, be limited to the designated construction zone in areas of
jurisdictional waters of the U.S. Any additional acreage impacted outside of the approved
construction footprint shall be mitigated at 5:1 or greater as determined by the Corps, may include
enhancement, restoration, creation, and/or preservation, and shall be subject to all the Special
Conditions herein.
11. The permittee shall install filter fences to trap eroded sediments onsite and to divert runoff
around disturbed soils. Filter fences shall also be placed along the top and toe-of-slope of access
roads to prevent silt from discharging into jurisdictional waters of the U.S.
12. The permittee shall submit dated photographs showing the fenced limits of impacts, and all
Corps jurisdictional areas to be preserved and/or avoided, prior to initiating project activities
authorized by this permit. If impacts occur to Corps jurisdiction outside the authorized project
footprint, all work shall cease, and the Corps shall be notified within 24 hours.
13. If a violation of any permit condition herein occurs, the violation shall be reported to the
Corps within 24 hours at (858) 674-6784 followed by written notification within 5 days to the
Corps San Diego Field Office at 16885 W. Bernardo Dr. Ste 300A, San Diego, California 92127.
14. The permittee shall submit biweekly status reports (including dated photographs of all
authorized and/or unauthorized impacts to waters of the U.S.) and a compliance summary of all
project activities. In addition, within 30 days of project completion of impacts to waters of the
U.S. authorized by this permit, a final report including as-built construction drawings with an
overlay of waters of the U.S. and photographs of all Corps jurisdictional areas that were impacted
(both authorized and/or unauthorized by this permit) and those that were avoided and/or
preserved, and a summary of all project activities that document all impacts to waters and
compliance with all permit conditions herein shall be submitted to the Corps.
15. The permittee shall regularly apply water to construction areas to control dust in order to
minimize impacts to jurisdictional waters adjacent to the construction.
16. The permittee shall ensure equipment to extinguish small brush fires (i.e., from sparking
vehicles) be present onsite during all phases of project activities, along with personnel trained in
the use of such equipment.
17. The permittee shall post a performance bond (see attached form) with the Corps for grading,
planting, irrigation, and five years of maintenance and monitoring of the wetland mitigation sites
(including a 20% contingency to be added to the total costs). This bond is to guarantee the
successful implementation of the wetland mitigation construction, maintenance, and monitoring
program. The surety company used must be listed on the U.S. Department of the Treasury
Circular 570 as a company holding a Certificate of Authority as an Acceptable Surety on Federal
Bonds. For a current list of Treasury-authorized surety companies, write or call the Surety Bond
Branch, Financial Management Services, Department of the Treasury, Washington, DC 20227;
(202) 874-6850. The permittee shall submit a draft bond with an itemized cost list to the Corps for
-5-
approval a minimum of 30 days prior to the planned date of initiating waters/wetlands impacts
authorized by this NWP. The permittee shall submit the final bond for the amount approved by
the Corps within 5 days of receiving Corps approval of the draft bond.
19. The permittee shall ensure the construction authorized by this permit shall conform to the
attached Figures 3 through 6 titled Plan View of Riprap Energy Dissipater, Section Riprap Energy
Dissipater, Plan Riprap with Slop Repair, and Section Slope Repair respectively dated June 26,
2000.
A nationwide permit does not grant any property rights or exclusive privileges. Also,
it does not authorize any injury to the property or rights of others or authorize interference with
any existing or proposed Federal project. Furthermore, it does not obviate the need to obtain
other Federal, state, or local authorizations required by law.
Thank you for participating in our regulatory program. If you have any questions, please
contact Ms. Shannon K. Bryant of my staff at (858) 674-6784.
Sincerely,~
0/
Mark Durham
Chief, South Coast Section
Regulatory Branch
Enclosure
-6-
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number 982006900-SKB
Name of Permittee: City of Carlsbad
Date of Issuance: June 26,2000
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
U.S Army Corps of Engineers
Regulatory Branch
ATIN: CESPL-CO-R-982006900-SKB
P.O BOX 532711
Los Angeles, CA 90053-2325
Please note that your permitted activity is subject to a compliance inspection by an Army
Corps of Engineers representative. If you fail to comply with this nationwide permit you may be
subject to permit suspension, modification, or revocation procedures as contained in 33 CFR330.5
or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of the said permit, and required
mitigation was completed in accordance with the permit condition(s).
Signature of Permittee Date
South Carlsbad Village Storm Drain Project - Wetland Delineation Report
Regional Map
FIGURE
1
0003 303U
—, \ \ • A V V\>
SOURCE: USGS 7.S Minute Series. San Luis Rey Quadrangle
South Carlsbad Village Storm Drain Project - Wetland Delineation Report
Vicinity Map
FIGURE
2
£0'd S£:|7 OOOZ 303U
MOTORED 0-35
WING TYPE HEADWAU.
PLAN - D-40 RIP-RAP ENERGY DISSIPATER
EXISTING
MATCH REPAIR
June 26,2000
SECTION A-A
MIS
FILTER FABRIC .
IT)
NOTES:
1. SEE SORSD D-40 FOR MORE DETAILS
2. CONTRACTOR SHALL EXCAVATE AREA AS
REQUIRED TO ACHIEVE 4.5* THICK RIP-RAP IAYER
PLAN VIEW OF RIP-RAP ENERGY DISSAPTOR
SOUTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528
Figure
92: tr 0002 303b
OJ
,0
II
June 26f 2000
SECTION - RIP-RAP ENERGY DISSAPTOR
SOUTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528
Figure
SO'd 9£:t7 0002 303«
'Ifl 9
ijji |:l
ni ! II I; i i
i I! ,
June 26,2000
PLAN - RIP RAP Wm SLOPE REPAIR
SOUTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528
90'd 92:M 0002 92
g aoesn <-OO/9S/9
GROUND sumee
ovcnDKuume AND vexnu.«KIH CRMffl. (1 INCH)
SECTION C-C
HOT TO SCAUE
Jane 26,2000
SECTION- SLOPE REPAIR
SOJTH CARLSBAD VILLAGE STORM DRAIN, PROJECT NO. 3528
Figure
0005
z
882517^9858 :
Sgou.ua
NATIONWIDE PERMIT NUMBER NW12 and NW33 TERMS AND CONDITIONS
1. Nationwide Permit NW12 and NW33 Terms:
Your activity is authorized under NW12 and NW33 subject to the following terms:
Miimhpr 17- Utility T.inp Disrhargps Discharges of dredged or fill material associated with
excavation, backfill or bedding for utility lines, including outfall and intake structures, provided there is no
change in preconstruction contours. A "utility line" is denned as any pipe or pipeline for the transportation of
any gaseous, liquid, liquefiable, or slurry substance, for any purpose, and any cable, line, or wire for the
transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television
communication. The term "utility line" does not include activities which drain a water of the United States,
such as drainage tile; however, it does apply to pipes conveying drainage from another area. This NWP
authorizes mechanized landclearing necessary for the installation of utility lines, including overhead utility
lines, provided the cleared area is kept to the minimum necessary and preconstruction contours are
maintained. However, access roads, temporary or permanent, or foundations associated with overhead utility
lines are not authorized by this NWP. Material resulting from trench excavation may be temporarily sidecast
(up to three months) into waters of the United States, provided that the material is not placed in such a
manner that it is dispersed by currents or other forces. The DE may extend the period of temporary
side-casting not to exceed a total of 180 days, where appropriate. The area of waters of the United States that is
disturbed must be limited to the minimum necessary to construct the utility line. In wetlands, the top 6" to 12"
of the trench should generally be backfilled with topsoil from the trench. Excess material must be removed to
upland areas immediately upon completion of construction. Any exposed slopes and stream banks must be
stabilized immediately upon completion of the utility line. (See 33 CFR Part 322).
Notification: The permittee must notify the district engineer in accordance with the "Notification" general
condition, if any of the following criteria are met:
a.Mechanized landclearing in a forested wetland;
b. A Section 10 permit is required for the utility line;
c.The utility line in waters of the United States exceeds 500 feet; or,
d.The utility line is placed within a jurisdictional area (i.e., a water of the United States), and it runs
parallel to a streambed that is within that jurisdictional area. (Sections 10 and 404)
NfaHrmwirlp Miimhpr 33; Tpmpnrary rnnsrnirtinn/ Arrpss anrl Dpwatpring Temporary Structures, WOrk and
discharges, including cofferdams, necessary for construction activities or access fills or dewatering of
construction sites; provided that the associated primary activity is authorized by the Corps of Engineers or the
U.S. Coast Guard, or for other construction activities not subject to the Corps or U.S. Coast Guard regulations.
Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding.
Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of
dredged material may be allowed if it is determined by the District Engineer that it will not cause more than
minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or
dredged material returned to its original location, following completion of the construction activity, and the
affected areas must be restored to the pre-project conditions. Cofferdams cannot be used to dewater wetlands
or other aquatic areas so as to change their use. Structures left in place after cofferdams are removed require a
Section 10 permit if located in navigable waters of the United States. (See 33 CFR Part 322). The permittee must
notify the District Engineer in accordance with the "Notification" general condition. The notification must also
include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources.
The District Engineer will add special conditions, where necessary, to ensure that adverse environmental
effects are minimal. Such conditions may include: limiting the temporary work to the minimum necessary;
requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods
(e.g., construction mats in wetlands where practicable.). (Sections 10 and 404)
2. Nationwide Permit General Conditions
A. The following general conditions must be followed in order for any authorization by a NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to
ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained in effective
operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary
high water mark or high tide line, must be permanently stabilized at the earliest practicable date.
4. Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic life
indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's
primary purpose is to impound water.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to
minimize soil disturbance.
6. Regional and case-by-case conditions. The activity must comply with any regional conditions which may have
been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps
or by the state or tribe in its section 401 water quality certification. Regional Special Conditions are listed in Section 3
of this Permit.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in
a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in
an official study status, unless the appropriate Federal agency with direct management responsibility for such river
has determined in writing that the proposed activity will not adversely effect the Wild and Scenic River designation,
or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S.
Fish and Wildlife Service.)
8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved
water rights and treaty fishing and hunting rights.
9. Water quality certification. In certain states, an individual Section 401 water quality certification must be obtained
or waived (see 33 CFR 330.4(c)).
10. Coastal zone management. In certain states, an individual state coastal zone management consistency
concurrence must be obtained or waived (see Section 330.4(d)).
11. Endangered Species:
a. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of
such species. Non-federal permittees shall notify the District Engineer if any listed species or critical habitat
might be affected or is in the vicinity of the project, and shall not begin work on the activity until notified by
the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the
activity is authorized.
b. Authorization of an activity by a nationwide permit does not authorize the take of a threatened or
endangered species as defined under the Federal Endangered Species Act. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with incidental take provisions, etc.)
from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non-lethal
takes of protected species are in violation of the Endangered Species Act. Information on the location of
threatened and endangered species and their critical habitat can be obtained directly from the offices of the
U.S. Fish and Wildlife Service and National Marine Fisheries Service or their World Wide Web pages at:
http://www.fws.gov/r9endspp/endspp.html
and
http^/www.mnfs.gov/prot_res/esahome.html
12. Historic properties. No activity which may affect historic properties listed, or eligible for listing, in the National
Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR Part 325, Appendix
C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic
properties listed, determined to be eligible for listing, or which the prospective permittee has reason to believe may
be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the
District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the
activity is authorized. Information on the location and existence of historic resources can be obtaineo^from the State
Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)).
13. Notification. Not applicable.
14. Compliance certification. Every permittee who has received a nationwide permit verification from the Corps will
submit a signed certification regarding the completed work and any required mitigation. The certification will be
forwarded by the Corps with the authorization letter and will include:
i. A statement that the authorized work was done in accordance with the Corps authorization, including
any general or specific conditions;
ii. A statement that any required mitigation was completed in accordance with the permit conditions;
iii. The signature of the permittee certifying the completion of the work and mitigation.
15. Multiple use of Nationwide permits. In any case where any NWP number 12 through 40 is combined with any
other NWP number 12 through 40, as part of a single and complete project, the permittee must notify the District
Engineer in accordance with paragraphs a, b, and c on the Notification General Condition number 13. Any NWP
number 1 through 11 may be combined with any other NWP without notification to the Corps, unless notification is
otherwise required by the terms of the NWPs. As provided at 33 CFR 330.6, two or more different NWPs can be
combined to authorize a single and complete project. However, the same NWP cannot be used more than once for a
single and complete project.
B. SECTION 404 ONLY CONDITIONS: In addition to the General Conditions, the following conditions apply only to
activities that involve the discharge of dredged or fill material into waters of the U.S., and must be followed in order for
authorization by the NWPs to be valid:
1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity of a public water
supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank
stabilization.
2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated shellfish
production, unless the discharge is directly related to a shellfish harvesting activity authorized by NWP 4.
. 3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.,) and material discharged must be free from toxic pollutants in toxic amounts (see Section 307
of the Clean Water Act).
4. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to
the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer approves a
compensation plan that the District Engineer determines is more beneficial to the environment than on-site
minimization or avoidance measures.
5. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
practicable.
6. Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or
impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
7. Adverse effects from impoundments. If the discharge creates an impoundment of water, adverse effects on the
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the
maximum extent practicable.
8. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the
maximum extent practicable.
9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the affected areas returned
to their preexisting elevation.
3. Regional Conditions for Nationwide Permits:
ggnl (gixgrfll C*oi\tiitiprt ffl ~ Verrtiil Pool Notification*
Regional General Condition #1 requires notification to be provided to the District Engineer in accordance with the
"Notification" general condition (30 day Pre-Construcrion Notification) for any discharge of dredged or fill material, excavation, or
mechanized landclearing in any vernal pool. This regional general condition applies to all nationwide permits and to all valid regional
general permits in the portion of the Los Angeles District that is within the state of California. Figure 1 shows the distribution of many
of the known vernal pool complexes in Southern California. This figure is not a complete or exhaustive map of every vernal pool, but
is meant to provide guidance on areas where vernal pools are known to occur. According to the Los Angeles District of the Corps of
Engineers, an area shall be considered a vernal pool if it meets the following definition:
Vernal pools are wetlands that seasonally pond in small depressions as a result of a shallow, relatively impermeable
layer (e.g. clay or other impervious soil or rock layer) that restricts downward percolation of water. The dominant
water source for vernal pools is precipitation with pools typically filling after fall and winter rains and evaporating
during spring and summer. These seasonal ponds are fragile, easily disturbed ecosystems that provide habitat for
indigenous, specialized assemblages of flora and fauna (see attached species list), including several species which are
either proposed or already Federally listed as threatened or endangered.
Vernal pools are considered "problem areas" under the Corps of Engineers 1987 Wetland Delineation Manual because one or
more of the wetland parameters (soils, hydrology, vegetation) may be periodically lacking due to normal seasonal or annual variations
in environmental conditions. The delineation procedures for problem areas outlined in the 1987 Wetland Delineation Manual should
be applied to vernal pools.
In addition, an Individual Permit shall be required for any discharge of dredged of dredged or fill material, excavation, or
mechanized landclearing associated with a single project which would:
1. result in an aggregate loss or impact to 0.5 acre or greater of vernal pool basin (i.e the pool itself exclusive of the surrounding
watershed), as defined above AND;
2. where the vernal pool(s) impacted contain at least one vernal pool indicator species (list of species available upon request
from the Los Angeles District Regulatory Branch).
If the discharge of fill would affect less than 0.5 acre of vernal pool or the pool does not contain at least one vernal pool
indicator species, only a Pre-Construction Notification is required, and a nationwide permit verification may be considered. The
District Engineer retains discretionary authority to require an individual permit for fills which would result in greater than minimal
impacts or would be contrary to the public interest.
The following features are generally NOT considered vernal pools and, therefore, would not be subject to this regional
general condition: stockponds, road ruts, minor impoundments on drainages, man-made ponds, abandoned borrow sites, and
seasonally flooded plains which do not exhibit basin topography. These areas may already be subject to Section 404 regulation and
may support vernal pool species, such as fairy shrimp and other invertebrates, pond turtles, amphibians, and various types of
waterfowl; however, they are not considered vernal pools.
Regional Qfrigral £*on<titiort Wl. r Nationwide Permit 3? Completed Enforcement Actions!
Regional General Condition #2 limits the use of NWP 32 to structures, work, or discharge of dredged or fill material
remaining in place, or undertaken for mitigation, restoration, or environmental benefit in compliance with a completed enforcement
action, provided the structure, work, or discharge of dredged or fill material does not cause the loss of greater than three (3) acres of
non-tidal waters of the United States. This modification was proposed to make this NWP consistent with NWP 26 which has an upper
threshold of three acres.
4. Further information:
A. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
() Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X)Section 404 of the Clean Water Act (33 U.S.C. 1344).
B. Limits of this authorization.
1. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
2. This permit does not grant any property rights or exclusive privileges.
3. This permit does not authorize any injury to the property or rights of others.
4. This permit does not authorize interference with any existing or proposed Federal project.
C. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
1. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
2. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United States in the public interest.
3. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
4. Design or construction deficiencies associated with the permitted work.
5. Damage claims associated with any future modification, suspension, or revocation of this permit.
D. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
E. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
1. You fail to comply with the terms and conditions of this permit.
2. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
3. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures
contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement
procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit
and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office,
and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
F. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued,
revoked, or expires before that time.
G. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a
good faith transfer to a third party in compliance with General Condition H below. Should you wish to cease to maintain the
authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit
from this office, which may require restoration of the area.
H. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
I. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished with the terms and conditions of your permit.
California Regional Water Quality Control Board
San Diego Region
Winston H. Hickox
Secretary for
•wironmental
Protection September 2g, 1999
Internet Address: http://www.swrcb.ca.gov/-rwqcb9/
9771 Clairemont Mesa Boulevard. Suite A, San Diego, California 92124-1324
Phone (619) 467-2952 • FAX (619) 571-6972
WDID NO. 9 000 000 889Mr. William Plummer, Deputy City Engineer
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008-8893
Dear Mr. Plummer:
AUTHORIZATION TO DISCHARGE GROUNDWATER TO JCTOYTO'K
LAGOON AND AGUA HEDIONDA LAGOON FROM THE VISTA/CARLSBAD
INTERCEPTOR SEWER & SOUTH CARLSBAD STORM DRAIN DEWATERING
PROJECT, CARLSBAD, CA.
This will acknowledge receipt of your July 23, 1999 application, attachments, and
subsequent submittals in support of your request to discharge groundwater to Buena Vista
Lagoon and Agua Hedionda Lagoon from the Vista/Carlsbad Interceptor Sewer & South
Carlsbad Storm Drain Dewatering Project, Carlsbad, California, subject to this Regional
Board's Order No! 96-41 (NPDES Permit No. CAG919002).
Based on your signed certification, I am authorizing the initiation of the subject discharge
under the terms and conditions of the enclosed Regional Board Order No. 96-41.
It is hereby ordered that discharges from the Vista/Carlsbad Interceptor Sewer & South
Carlsbad Storm Drain Dewatering Project, Carlsbad, California, shall not exceed 616,000
gallons per day.
Enclosed is a copy of Order No. 96-41. Compliance with the requirements of this order
will involve considerable effort on your part. Staff of this Regional Board wilhbe making
inspections to ensure that compliance is achieved, and will be pleased to work with you
and assist you.
Please note the applicable monitoring program (C.I, C.5, D., E., and F.) ) contained in the
enclosed Order No. 96-41, Monitoring and Reporting Program 96-41.1 request under the
authority of Water Code Section 13267 that you submit the required monitoring reports in
accordance with the reporting schedule specified in Order No. 96-41, Monitoring and
Reporting Program (MRP).
In addition to the constituents in C.4 and C.5,1 hereby request that you conduct monthly
discharge monitoring (sampling) of MTBE (Methyl Tertiary Butyl Ether), and dissolved
oxygen. Submit the results monthly. Also, increase the frequency of discharge monitoring
of the following C. 1 constituents to every two weeks: total petroleum hydrocarbons,
chromium, copper, lead, nickel, zinc, mercury, selenium, and arsenic. Submit the results
monthly.
California Environmental Protection Agency
Gray Davis
Governor
Recycled PaperG
Mr. William Plummer -2- September 28, 1999
Carlsbad Municipal Water District WDID:9 000 000 889
As a result of staffs review of your application, staff recommends the following
corrective/preventative measures be taken:
Aeration of the discharge to elevate dissolved oxygen concentrations.
Settling prior to discharge to lower total suspended solids concentrations.
Discharge control measures to prevent erosion, sedimentation, and turbidity in the
receiving water.
For inquires and correspondence regarding this facility, please refer to the Waste
Discharger Identification Number (WDID) noted at the top right hand corner of this letter.
If you have any questions, please contact Ms. Whitney Ghoram at (619) 467-2967.
Sincerely,
H.ROBERTUS
bcutive Officer
enclosure: Order No. 96-41
cc: Mr. Terry Smith, Project Engineer, Malcolm Pirnie, Inc., 1902 Wright Place, Suite 180, Carlsbad, CA
92008
file: 14-0889.01, .02
D Buena Sanitation District D
600 Eucalyptus Ave.
Vista, CA 92085
(760)726-1340
City of Carlsbad D
5950 El Camino Real
Carlsbad, CA 92008
(760) 438-2722
City of Encinitas
505 S. Vulcan
Encinitas, CA 92024
(760) 633-2600
Leucadia County Water District
1960 La Costa Ave.
Carlsbad, CA 92009
(760)753-0155
D
Vallecitos Water District
201 Vallecitos de Oro
San Marcos, CA 92069
(760) 744-4550
City of Vista
600 Eucalyptus Ave.
Vista, CA 92085
(760)726-1340
ENCINA WASTEWATER AUTHORITY
A Public Agency Serving North San Diego County
6200 Avenida Encinas
Carlsbad, CA 92009-1095
(760) 438-3941
WASTEWATER DISCHARGE/CHEMICAL STORAGE PERMIT
AUTHORIZATION: The below named party is hereby authorized to discharge wastewater to the member agency
community sewer subject to compliance with the Encina Pretreatment Ordinance and the conditions set forth in this
permit and permit conditions.
PERMITTEE
ADDRESS _
CARLSBAD MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD CA ZIP 92008
PERMIT CLASS GROUNDWATER PERMIT NUMBER 98-SP1
The permittee acknowledges that Encina Wastewater Authority, its employees and agents have the lawful
authority to enter upon permittee's premises at any time during permittee's operating hours for the purpose of
conducting random inspections, metering and sampling of permittee's effluent to determine permittee's compli-
ance with the terms and conditions of this permit, and, by accepting the benefits of this permit, consents to
entries for such purposes during the life of this permit.
The above named shall report to the member agency and Encina any change (permanent or temporary) to the premise
or operation that significantly changes (+ or - 10%) the quality or volume of wastewater discharge or deviates from the
terms and conditions under which this permit is granted.
EFFECTIVE DATE:18. 2000 EXPIRATION DATE: SEPTEMBER 1. 2001
APPROVED BY:
APPROVED B
POST PERMIT IN PLAIN VIEW
E.W.A. APPROVAL
DATED:MAY 18, 2000
MEMBER AGENCY APPROVAL
DATED:
THIS PERMIT IS NON-TRANSFERABLE
ENCINA WASTEWATER AUTHOJffiTYn ?nnn
A Public Agency 6200 Avenida Encinas
£NGIN
OEP
CA 92009-0171
je (619) 438-3941
438-3861 (Plant)
(619) 431-7493 (Admin)
LETTER OF TRANSMTTTAL
To:City of Carlsbad
Public Works Dept.
Attn: Mikhael Ogawa, P.E.
1635 Faraday Ave
Carlsbad, CA 92008-7314
May 18,2000
The following items are transmitted:
Number of Copies
1
x Herewith
Description
_ Under Separate Cover Via:US Mail
Special Purpose Wastewaster Discharge Permit #98-SPl extension
The above items are submitted:X At your request
For your approval
Per contract dated
For your review
For your action
Other
For your files
For your information
Per your request, enclosed is the Special Purpose Wastewaster Discharge Permit #98-SPl extension.
The Encina Wastewater Authority has extended this permit until September 1, 2001. Please feel free
to contact me at (760) 438-3941, ex. 3604 if you have any questions.
Transmitted by: LisaUrabe
Environmental Compliance Technician
Copies: Ind. Files / Pepper Godfrey, City of Carlsbad
Forward reply to Encina Water Pollution Control Facility
SERVING THE CITY Of VISTA, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, VALLEOTOS WATER DISTRICT,
LEUCADIA COUNTY WATER DISTRICT AND CITY OF ENC1NITAS
City of Carlsbad
Public Works — Engineering
May 15,2000
Ms. Nancy Anson
Director of Environmental Compliance
Encina Wastewater Authority
6200 A.venida Enemas
Carlsbad, California 92009
Subject: Special Purpose Wastewater Discharge Permit #98-SPl
Vista/Carlsbad Interceptor Sewer (Reach VC5B - VC11A) and South Carlsbad
Village Storm Drain Project
Dear Ms. Anson:
The above referenced permit was issued to the Carlsbad Municipal Water District for discharge of
groundwater associated with construction dewatering of Reach VC5B - VC9 of the Vista/Carlsbad
Interceptor Sewer Project. This permit expires on September 1, 2000. Subsequent to the issuance of this
permit, the project has been postponed due to federal permit requirements. Construction is anticipated to
begin in March of 2001.
The project remains the same and is expected to produce the same water quality and flow rates during
dewatering as identified in the original application and the request for extension, July 26,1999.
We are therefore requesting that the permit expiration be extended to September 1, 2001.
Should you have any questions, please do not hesitate to contact Marshall Plantz at (760) 602-2766.
Very truly yours,
Mikhail Ogawa, P.E.
Associate Engineer
Doug Helming (Helming Engineering)
Terry Smith (Malcolm Pirnie, Incorporated)
ENCINA
WASTEWATER
AUTHORITY ENCINA WASTEWATER AUTHORITY
A Public Agency
August 5,1999 - ,;.; ;-
6200 Avenida Encinas
Carlsbad, CA 92009-1095
Telephone (760) 438-3941
..-««^_- FAX (760) 438-3861 (Plant)
1$ ^Tf (760) 431-7493 (Admin)
•* tEC99-0363
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad California 92008-8893
~"9)999
Attention:
Subject:
Kelly Efimoff, Associate Engineer
Request for Extension
Special Purpose Wastewater Discharge Permit No. 98-SP1
Dear Ms. Efimoff,
I am in receipt of your July 26 letter Re: Special Purpose Wastewater Discharge Permit No. 98-SP1. As
per our telephone conversation, this letter constitutes formal notice that the term of this permit has been
extended for one additional year. The new expiration date will be September 1,2000.
This extension applies only to the original conditions of Permit No. 98-SPI. All original conditions remain
as specified with the exception mat a newly adopted set of local limits will now define discharge limitations
for the City's construction dewatering wastewater. Please refer to the attached Table 1 for the newly
adopted limits and incorporate it by reference into your existing permit.
An amendment to this permit for the discharge of wastewater in excess of 36,000 gallons/day will not be
considered until the City has provided EWA with Total Dissolved Solids (TDS) Pumping Test Data from
monitoring wells MW - 18A, MW - 11A and MW - 27A. This additional monitoring data is necessary to
determine if any future proposed increase in the volume of the discharge has the potential to impact
reclamation activities downstream of the Encina facility.
Please be advised that Encina's local limit for TDS may be modified in May of the year 2000 subject to the
term of a previously initiated Enforcement Compliance Agreement between the EWA and local industry
and pending Board action.
If you have any questions regarding this correspondence, please do not hesitate to call me at (760) 438-
3941 extension 3602.
Very truly yours,
Nancy Ans
Director of Environmental Compliance
NMA:na
Attachment
Cc: Pepper Godfrey, City of Carlsbad
Michael T. Hogan, General Manager
Richard Johnson, Operations Superintendent
Industrial Files
SERVING THE CITY OF VISTA, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, VALLECITOS WATER DISTRICT,
LEUCADIA COUNTY WATER DISTRICT AND CITY OF ENCINITAS
TABLE 1
LOCAL DISCHARGE LIMITS
CONSTITUENT:EXISTING INTERIM
Arsenic
Cadmium
Chromium (Total)
Copper
Lead
Mercury
Nickel
Silver
Zinc
Cyanide (Total)
CBOD
BOD
TSS
PCB's
Pesticides
TTO's
Oil & Grease
organic
inorganic
PH
Temperature
TDS
0.05 mg/L
0.43 mg/L
3.50 mg/L*
4.40 mg/L
1.80 mg/L
1.80 mg/L
4.20 mg/L
6.20 mg/L
231 mg/L
256 mg/L
261 mg/L
2.00 mg/L
400 mg/L
5.5-11.0 units
140° Fahrenheit
1200 Ibs/day
500 Ibs/day**
500 Ibs/day**
500 Ibs/day**
*Subject to more stringent standards if tributary to the Shadowridge Facility
** 12 Month Interim Mass Emissions Limit
ENCINA
WASTEWATER
AUTHORITY ENCINA WASTEWATER AUTHORITY
A Public Agency 6200 Avenida Encinas
Carlsbad, CA 92009-1095
Telephone (760) 438-3941
April 21, 1998 FAX (760) 438-3861 (Plant)
(760) 431-7493 (Admin)
Ref: 4015
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008-8893
Attention: Ms. Kelly Efimoff
SUBJECT: Special Purpose Wastewater Discharge Permit -
Vista/Carlsbad Interceptor
Dear Kelly:
Your permit application has been review and Permit #98-SPl is hereby issued subject to the specific
conditions outlined therein. The following discussion of sampling points, monitoring requirements and
preventative measures is intended to clarify the requirements of your project regardless of which
construction alternative is used.
Specific Conditions
* Sampling and analysis will be required initially for each discrete well, vacuum point, jack/receiving pit
and/or sump within 48 hours of commencement of construction water discharge to the Encina plant This
sampling will include as a minimum:
1. Total Petroleum Hydrocarbons analysis by modified EPA Method 8015, and PCB's by EPA Method
608. These analyses must be performed by a certified laboratory within the state of California and the
results submitted to be within two weeks of receipt. Encina staff are available to assist with sample
collection and chain of custody procedures to facilitate this process if so desired.
2. PH, conductivity, total suspended solids, total dissolved solids, ammonia, nitrate, biochemical oxygen
demand, turbidity, settleable solids and metals shall be performed initially on each discrete well vacuum
point, jacking/receiving pit, and/or sump within that same 48 hour period. Since Encina has a certified
laboratory capable of performing these tests and has an interest in acquiring the data as soon as is
reasonably possible, we suggest that these samples be collected and analyzed by Encina staff. Please
notify me if this is amenable to you.
* The sample point will be at the end of the discharge piping, prior to discharge into the sewer.
* Flushing of the discharge equipment will be conducted for at least five minutes prior to taking a
sample.
SERVING THE CITY OF VISTA, CITY OF CARLSBAD, BUENA SANITATION DISTRICT, VALLECITOS WATER DISTRICT,
LEUCADIA COUNTY WATER DISTRICT AND CITY OF ENCINITAS
Printed on
Ms. Kelly Efunoff
Subject: Special Purpose Wastewater Discharge Permit
Vista/Carlsbad Interceptor
April 21, 1998
Page 2 Ref: 4015.2
* Should visual or olfactory observation indicate a significant change in a characteristic of the dewatering
discharge, you are responsible for immediately stopping the discharge, and contacting Encina to inspect
the situation. A sample will be taken, and depending upon the situation, operation may ensue again
pending analysis.
* Repeat testing of the same parameters will be required if pumping from the same discrete location
continues for longer than three months.
* If it is determined that the discharge from the site is found to have caused a violation of the Encina
discharge permit, the dewatering activity must immediately cease. If any constituent tested appears to be
in quantitites capable of causing the plant to violate their discharge permit, an appropriate pretreatment
plan will be instituted or that material will disposed of by an alternative method.
* Each pump that is to be used for discharge of construction water during this process must be tested
prior to startup for pump output and a log of run hours maintained to determine potential mass loading
rates to the treatment plant.
>
* Because surface runoff is absolutely prohibited into the sanitary sewer system, runoff containment,
diversion and control must be practiced by the contractor. You are responsible for reporting the action
taken to comply with this requirement
* I will be the Encina contact for this permit; please provide the name of a contact person for the
Carlsbad Municipal Water District
I would be happy to meet with you and your contractor prior to commencement of construction, or with
potential contractors at a pre-bid meeting to answer questions regarding these requirements. We don't
intend that these should be difficult or complex to comply with, but rather are prudent measures for the
protection of the plant.
Very truly yours,
Nancy Ansfe
Environmental Compliance Manager
NA:am
Attachment
- ENCINA WASTEWATER AUTHORITY
6200 Avenida Encinas • Carlsbad, CA 92009-1095 • Telephone (760) 438-3941
Plan! Fax (760) 438-3861 • Administrative Offices Fax (760) 431-7493 D. .Serving North Printed on
Sjn OIPKO County Recycled Paper
TABLE OF CONTENTS
ENC1NAWASTEWATER DISCHARGE PERMIT CONDITIONS 4
Severability 4
Signatory Requirements 4
Permit Transfer 4
Change of Ownership 5
Duty to Comply 5
Permit Action 5
Property Rights 6
Duty to Mitigate 6
Prohibited Discharges 6
Limitations on Wastewater Strength and Characteristics 6
LOCAL DISCHARGE LIMITS (Table I) 7
Federal, State, and Local Guidelines 7
Agency's Right to Revision 8
Inspection, Sampling, Right of Entry 8
Falsifying Information „ 8
Limitations on Surface Runoff and Groundwater 8
GENERAL CONDITIONS 9
Maintain Records 9
Segregation... 9
Permit Duration 9
Prohibition on Dilution 9
Limitations on Point of Discharge 9
Mass Emission Rate Determination „ 10
Prohibition on Infectious Waste 10
Limitations on Disposal of
Spent Industrial Solutions/Sludges , 10
Pretreatment Facilities 10
Monitoring and Metering Facilities 10
Drawing Submittal Requirements 11
Monitoring for Compliance with
Permit Conditions or Reporting Requirements 11
Limitations on Radioactive Waste 11
Spill Containment Facilities 11
Waste Minimization Requirements 11
Notification of Spill or Slug Loading 12
Enforcement 12
NON-COMPLIANCE FEES 12
TABLEn
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS 13
TABLED!
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS 14
PERMITTEE CATEGORY INFORMATION 15
Permit Duration 15
Allowable Process Discharge Flow Rate 15
Encina Permit Number 15
SICNumber 15
SIC Justification , 15
Date(s) Permittee Operations Commenced 15
SPECIFIC CONDITIONS 15
POINT SOURCE : .'.. 15
SAMPLE POINT(s) 15
DESCRIPTION AND LOCATION OF SAMPLE POINT(s) 15
EFFLUENT LIMITATIONS AND REQUIREMENTS 16
Process Wastewater Discharge: [] Continuous [] Batch 16
DESCRIPTION OF PERMITTEE'S PROCESS ACTF/ITIES 16
DESCRIPTION OF WASTEWATER GENERATING OPERATIONS r. 16
DESCRIPTION OF PRETREATMENTOPERATIONS/FACILrriES 17
PRETREATMENT^QUIPMENTREQUIREMENTS 17
Disclaimer 17
MAINTENANCE SCHEDULE 17
OPERATION AND MAINTENANCE LOGS 17
MSDSLOG... 17
ACCIDENTAL DISCHARGE LOG 17
OTHER (SPECIFY) 17
COMPLIANCE TIME SCHEDULE 17
OTHERFEDERAL, STATE, AND/OR LOCAL REQUIREMENTS 18
ENCINA WASTEWATER DISCHARGE PERMIT CONDITIONS
The permittee shall abide by all applicable provisions of the Encina Pretreatment Ordinance, federal,
state, and local regulations. Any violation of the regulations shall constitute a violation of the
permittee's Wastewater Discharge Permit and may be cause for enforcement action.
SEVERABHJTY
If any provisions of this ordinance or the application to any or circumstances is held invalid, the
remainder of the ordinance or the application of such provision to other persons or other
circumstances shall not be affected (Encina Pretreatment Ordinance, Section 7.1).
SIGNATORY REQUIREMENT
All wastewater discharge permit applications and user reports must be signed by an authorized
representative of the Industrial User and contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluated the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
The certification statement also must indicate the City in which the statement was signed (or
County, if signed in unincorporated areas) (Encina Pretreatment Ordinance, Section 1.6).
PERMIT TRANSFER
Permits issued under this ordinance are for a specific user, for a specific operation at a specific
location, and may not be transferred, sold or hypothecated, and create no vested rights.
Discharge permits or their mass emission rates shaU not be transferred for an operation at a
different location (Encina Pretreatment Ordinance, Section 1.7).
PERMIT CHANGE OF OWNERSHIP
Upon the sale or transfer of ownership of any business operating under a permit issued by
EWA, the permittee shall notify EWA in writing prior to the transfer. The successor owner
shall be required to apply for a new permit within fifteen (15) days of the sale or transfer of
ownership in accordance with provisions of this ordinance (Encina Pretreatment Ordinance,
Section 1.8).
DUTY TO COMPLY
The permittee shall comply with all conditions of this permit. Failure to comply with the Encina
requirements may be grounds for enforcement action, including, injunction relief, civil penalties,
or judicial review (Encina Pretreatment Ordinance, Sections 6.16,6.17, and 6.25).
PERMIT ACTION
The lUs permit may be modified, revoked and reissued, or terminated for causes including, but
not limited to, the following:
A. To incorporate new or revised Federal, State, or local pretreatment standards.
B. Material alterations or additions to the KJs operational processes or discharge flow
which are not covered in the IU permit.
C. A change in any condition that requires a temporary or permanent reduction or
elimination of industrial discharge.
D. Information indicating that the permitted discharge poses a threat to Encina's sewerage
system, POTW personnel or the receiving waters.
E. The permittee violates any terms or conditions of this permit.
F. Obtaining an IU permit by misrepresentation or failing to disclose all pertinent
information.
G. Revision or a grant of variance from categorical standards pursuant to 40 CFR
403.13.
H. (See Encina Pretreatment Ordinance Sections 6.6 and 6.7).
PROPERTY RIGHTS
The issuance of this permit does not convey any property rights or any exclusive privileges, nor
does it authorize any injury to private property or any invasion of personal rights, nor any
violation of Federal, State, or local laws or regulations.
DUTY TO MITIGATE
The permittee shall take steps to minimize the impact to the sewerage system or to the
environment resulting from noncompliance with the IU permit, including additional monitoring
to determine the impact of the noncompliance discharge.
PROfflBrrED DISCHARGES
"No person shall discharge a quantity or quality of astewater directly or indirectly to the Encina
sewer system which causes, or is capable of causing, either alone or by interaction with other
substances, pass through or interference. No person or user shall introduce or cause to be
introduced into the Encina sewer system the pollutants, substances, or wastewater listed in
Section 2.1 (A1-12)(B-D) of the Encina Pretreatment Ordinance, which is attached to this permit
and incorporated hereto. Should such a discharge occur, permittee will immediately cease and
desist from the discharge and not resume until such time as he has received permission from the
Encina Environmental Compliance Manager."
LIMITATIONS ON WASTEWATER STRENGTH AND CHARACTERISTICS
No person shall discharge wastewater in excess of the permitted mass emission rates or limits
as determined in accordance with Section 2.9 [A, B(l-19), C and D] and/or Table I
LOCAL DISCHARGE LIMITS
Table 1
LOCAL DISCHARGE LIMITS (mg/1)
CONSTITUENTS MTT .T Jfltt AMS/LITER
Arsenic 0.90
Cadmium 2.70
Chromium (Total) 10.00
Copper 4.40
Lead 3.40
Mercury 0.50
Nickel 4.70
Silver 4.20
Zinc 6.20
Cyanide (Total) 3.00
Polychlorinated Biphenyls 0.01
Pesticides 0.01
Total Toxic Organics 2.00
Oil and Grease
organic 400
inorganic 200
pH 5.5-11.0 Units
Temperature 140°F
TDS 1200 Ibs/day
FEDERAL, STATE, AND LOCAL REGULATIONS
The permittee shall comply with all applicable regulations whether Federal, State, or local.
(Encina Pretreatment Ordinance, Sections 2.10-11).
AGENCY'S RIGHT TO REVISION
EWA reserves the right to establish more stringent limitations or requirements on discharges to
the Encina sewerage system if deemed necessary to comply with the objectives presented in
Section 1.1 of the Ordinance (Encina Pretreatment Ordinance, Section 1.1).
INSPECTION, SAMPLING, RIGHT OF ENTRY
Persons or occupants of premises where wastewater is created or discharged shall allow EWA,
or its representatives, reasonable access during operating hours to all parts of the wastewater
generating and disposal facilities as necessary for the purpose of inspection and sampling to
determine compliance with permit terms and conditions or the provisions of the ordinance,
without prior notice if the user is eligible or required to receive a permit as described herein in
the ordinance (Encina Pretreatment Ordinance, Section 5.3 (A-E).
FALSIFYING INFORMATION
Knowingly making false statements on any report or other document required by the ILTs
permit, or knowingly rendering any monitoring device or method inaccurate,-is a crime under
18 U.S.C. 1001 relating to fraud and false statements and the provisions of section 309(cX2) of
the Act governing false statements, representations, or certifications in reports required under
the Act and may result in civil or criminal penalties. Falsifying information on any report or
document required by the Hi's permit may result in enforcement action including permit
suspension. (Encina Pretreatment Ordinance, Section 6.6).
PROHIBITION ON SURFACE RUNOFF AND LIMITATIONS ON
GROUNDWATER DISCHARGE
Groundwater or subsurface drainage shall be not be discharged directly or indirectly to the
Encina sewer system except as provided herein. Surface runoff discharge to the Encina sewer
system, either direct or indirect, is absolutely prohibited. EWA approves of the discharge
defined in this permit subject to the permit requirements stated herein being met.
BYPASS PROHIBITION
Bypass of industrial wastewater to the Encina sewerage system is prohibited. EWA may take
enforcement action against the user [Encina Pretreatment Ordinance, Section 5.7 (A1-3)(B-E)J
GENERAL CONDITIONS
MAINTAIN RECORDS
The permittee must retain all pertinent records, including but not limited to hauling sheets,
hazardous waste manifests, self-monitoring reports, notifications, logs, pH records and daily
maintenance reports, for a minimum of three years.
SEGREGATION
The permittee must segregate hazardous waste to prevent mixing of non-compatible hazardous
wastes. Storage areas shall have spill containment that prevents spills from mixing or being
released to the sanitary or stormwater systems.
PERMIT DURATION
This permit is issued effective September 1,1998 through August 31,1999
PROHIBITION ON DILUTION
No users shall increase the use of water or in any other manner attempt to dilute a discharge as
a partial or complete substitute for treatment to achieve compliance with the ordinance and the
user's permit or to establish an artificially high flow rate for permit mass emission rates ( Encina
Pretreatment Ordinance, Section 2.2).
LIMITATIONS ON POINT OF DISCHARGE
The ability to discharge groundwater directly into a manhole or other opening in a sewer
is strictly limited to the conditions expressed in this permit. No other discharges, either
expressed or implied in the application, are permitted.
8
MASS EMISSION RATE DETERMINATION
The permittee may be required by Encina to submit proper data, characterizing the users waste
streams for compatible and non-compatible wastewaters. The data allow Encina to determine
Mass Emission Rates based on the users industrial wastewater characteristics [Encina
Pretreatment Ordinance, Section 2.13 (A-D)].
PROHIBITION ON INFECTIOUS WASTE
EWA requires that any discharge of an infectious waste to the sewer be rendered non-
infectious prior to discharge if the infectious waste is deemed to pose a threat to the public
health and safety, or will result in any violation of applicable waste discharge requirement
(Encina Pretreatment Ordinance, Section 2.14).
UMTTAHONS ON DISPOSAL OF SPENT INDUSTRIAL SOLUTIONS/SLUDGES
Wastes such as spent solutions, sludges, etc. which can not be discharged to the Encina
sewerage system under the provisions of permit issued pursuant to the ordinance shall be
disposed of in a legal manner at a legally acceptable point of disposal as defined by EWA or the
appropriate regulatory agency. All manifests shall be retained for a minimum of three years, and
made available to the EWA upon request [Encina Pretreatment Ordinance, Section 2.15 (A
andB)].
PRETREATMENT FACILITIES
All users shall provide acceptable wastewater to EWA under the limitations of the Encina
Pretreatment Ordinance before discharging to the Encina sewerage system. Any facilities
required to pretreat or transport wastewater shall be provided and maintained by a qualified
operator and in proper operating condition at the user's expense [Encina Pretreatment
Ordinance, Section 4.1 (A-C)].
MONITORING AND METERING FAOLniES
EWA may require the user to construct and maintain in proper operating condition at the user's
sole expense, flow monitoring, constituent monitoring and/or sampling facilities [Encina
Pretreatment Ordinance, Section 4.3 (A-E)]
DRAWING SUBMITTAL REQUIREMENTS
Detailed plans shall be submitted to EWA for review of existing or proposed construction of
pretreatment facilities, spill containment facilities, monitoring facilities, metering facilities, and
operating procedures. EWA approval shall be received prior to commencement of
construction. The review of the plans and procedures shall in no way relieve the user of the
responsibility of modifying the facilities or procedures in the future, as necessary, to meet the
requirements of the ordinance or any requirements of other regulatory agencies [Encina
Pretreatment Ordinance, Section 4.4 (A-F)].
MONITORING FOR COMPLIANCE WITH PERMIT CONDITIONS OR
REPORTING REQUIREMENTS
Encina may require report for self-monitoring of wastewater constituents and characteristics of
the discharger needed for determining compliance with any limitation, or requirements as
specified in the user's permit, federal regulations, or the ordinance [Encina Pretreatment
Ordinance, Section 5.1 (1-5)].
LIMITATIONS ON RADIOACTIVE WASTES
No person shall discharge, or cause to be discharged, any radioactive waste into the public
sewer except which is listed in the ordinance [Encina Pretreatment Ordinance, Section 2.5 (A-
D)].
SPILL CONTAINMENT FAOLmES
All users shall provide spill containment for protection against discharge of prohibited materials
or other wastes regulated by the ordinance. Such protection shall be designed to secure the
discharges and to prevent them from entering into the system in accordance with reasonable
engineering standards. Such facilities shall be provided and maintained at the user's expense
(Encina Pretreatment Ordinance, Section 4.2).
WASTE MINIMIZATION REQUIREMENTS
Users shall provide waste minimization plans to conserve water, investigate product
substitution, provide inventory control, implement employee education, and take other steps as
necessary to minimize waste produced (Encina Pretreatment Ordinance, Section 4.7).
NOTIFICATION OF SPILL OR SLUG LOADING
The user shall verbally notify the EWA and the member agency immediately of a slug loading
or an accidental spill, and within five working days shall submit in writing a description of the
event and outline the corrective steps taken to prevent future occurrences. The user is also
required to notify the EWA verbally within 24 hours after receiving notification that any self-
monitoring event shows a limit violation(s). Failure to respond to this requirement may cause
appropriate enforcement action to be initiated [Encina Pretreatment Ordinance, Section 5.6 (A-
ENFORCEMENT
The EWA finds that in order for EWA to comply with the laws, ordinances, and rules imposed
upon it by regulatory agencies and to ensure that Encina sewerage system is protected and is
able to operate with the highest degree of efficiency, and to protect the public health and
environment, specific enforcement provisions have been adopted to govern the discharges to
10
Encina sewerage system by industrial discharge permittees [Encina Pretreatment Ordinance,
Section 6.1 (A-C)].
Encina's enforcement procedures are stated in the Encina Pretreatment Ordinance Sections 6.3
thru 6.26 and all parts thereof.
NON-COMPLIANCE FEES
Routine sampling of all permittees shall be conducted in the time, place, manner, and frequency
determined at the sole discretion of EWA, provided that all SRJs shall be inspected, on a
random basis, at least annually [Encina Pretreatment Ordinance, Section 6.2 (A-D)].
TABLEH
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS
DOLLARS PER POUND
PER DAY IN EXCESS OF LIMIT*
SCHEDULE SCHEDULE SCHEDULE
"A" "R" «</-"'
B.OX>. $ 15.00 $ 30~X)0 $ 45~/JO
SUSPENDED SOLIDS 15.00 30.00 45.00
OIL AND GREASE $200.00 $400.00 $600.00
(ORGANIC)
OIL AND GREASE 300.00 600.00 900.00
(INORGANIC)
TOTAL DISSOLVED SOLIDS
20.00 $ 40.00 $ 60.00
DOLLARS PER HOUR IN EXCESS OF LIMIT*.
pH RANGE SCHEDULE "A" srHFDT TT .F. "B" AND "C"
<1.5 . $ 125.00 $ 165.00
1.6-2.5 100.00 130.00
2.6-3.5 75.00 100.00
3.6-4.5 50.00 65.00
4.6-5.4 25.00 35.00
9.6-10.5 $ 25.00 $ 35.00
10.6-11.5 50.00 65.00
11.6-12.5 75.00 100.00
> 12.6 100.00 130.00
11
HOURLY pH NON-COMPLIANCE WILL BE DETERMINED BY pH RECORDING DATA OR
GRAB SAMPLE(S) OR HOURLY COMPOSITE SAMPLE(S).
* THERE MAY BE AN ADDITIONAL ADMINISTRATION FEE, ADOPTED BY THE
BOARD OF DIRECTORS, TO PROCESS EACH NON-COMPLIANCE INVOICE.
TABLEm
FEES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS
AND MASS EMISSION RATE LIMITS
DOLLARS PER POUND PER DAY
IN EXCESS OF LEVITTS*
SCHEDULE SCHEDULE SCHEDULE
"A" "R" ««/""'
ARSENIC $ 150.00 $ 300.00 $ 450.00
CADMIUM 1,500.00 3,000.00 4,500.00
CHROMIUM T. 150.00 300.00 450.00
COPPER 150.00 300.00 450.00
LEAD 120.00 240.00 360.00
MERCURY 150.00 300.00 450.00
NICKEL 75.00 150.00 225.00
SILVER 150.00 300.00 450.00
CYANIDE, T. 75.00 150.00 225.00
PCB'S 10,000.00 20,000.00 30,000.00
PESTICIDES 10,000.00 20,000.00 30,000.00
TTO'S 150.00 300.00 450.00
PHENOLS 75.00 150.00 225.00
* THERE MAY BE AN ADDITIONAL ADMINISTRATION FEE, ADOPTED BY THE
BOARD OF DIRECTORS, TO PROCESS EACH NON-COMPLIANCE INVOICE.
The Ordinance Conditions and General Conditions in no way supersede the Encina
Pretreatment Ordinance. The permittee is required to read all parts of the Encina Pretreatment
Ordinance and understand those parts which pertain to specific IUs.
12
PERMITTEE CATEGORY INFORMATION
Permit Duration: Special Purpose
September 1,1998 to September 1,1999
Allowable Process Discharge Row Rate: . 36,000 gallons + 20% peak daily flow
* Maximun Total Flow ( 4 locations) 180,000 gallons
Encina Permit Number CMWD #98-SP 1
The specific conditions listed below are based upon completion of an industrial waste survey,
inspection, and based on the permittee's wastewater discharge permit application.
SPECIFIC CONDITIONS
Sample Frequency: Sampling and analysis is required initially for each discrete well, vacuum
point, jacking/receiving pit, and/or sump within 48 hours of commencement of construction water
discharge to the Encina sewer system. Additional sampling will be required if pumping from the
same discrete location continues for longer than three months.
Sample Point: End of dewatering pipe, prior to discharge into manhole.
Sample Collection: Prior to collection of a representative sample from a dewatering site,
dewatering equipment, including discharge piping, shall be operated for at least five minutes and
the discharge shall proceed at a rate intended to flush residual material in the system out and to
avoid sample contamination.
Discharge Volume: Each pump that is to be used for discharge of construction water during
this process must be tested prior to startup for pump output and a log of run hours maintained to
determine the potential mass loading rates to the treatment plant.
13
Observation of Discharge: Should visual or olfactory observation indicate a significant change
in a characteristic of the dewatering discharge, the operation shall be shutdown. EWA Industrial
Waste Staff shall be immediately notified and a sample taken. Upon their approval, operations
may be resumed.
Surface Runoff Containment, Diversion and Control: Permittee will take reasonable and
necessary precautions to prevent the introduction of surface runoff into the sanitary sewer system
at the project site. Such precautions include but are not limited to: berming and diverting flow to
storm sewers, containment and pumping of flows to storm sewers, and otherwise instituting
measures to control the flows of surface runoff away from the sanitary sewer. Permittee will
submit a written report to Encina by October 1, 1998 on the measures taken to comply with these
requirements.
IU effluent monitoring is required to verify compliance with federal, state, and local regulations and
limitations. The permittee will be sampled as shown below in Table 1.
The permittee during the duration of this permit shall not discharge process effluent to the
Encina Wastewater sanitary sewer in excess of the limitations and requirements shown on page
16.
EFFLUENT LIMITATIONS AND REQUIREMENTS
Sampling will be performed at each discrete location.
Process Wastewater Discharge: Continuous
CONSTITUENT
PH
Cadmium
Chromium
Copper
Lead
Nickel
Silver
Zinc
Mercury
TDS
Nitrates
TSS
BOD
UNIT OF
MEASURE
units
mg/1
mg/1
mg/1
mg/1
mg/1
mg/1 .
mg/1
mg/1
Ibs
Ibs
ENCINA
LIMITATION
(MAXIMUM)
5.5-11.0
2.70
10.00
4.40
3.40
4.70
4.20
6.20
0.50
1200
10,000
SAMPLE
FREQUENCY
I*
I*
I*
I*
I*
I*
I*
I*
I*
I*
I*
I*
I*
SAMPLE
TYPE
G
G
G
G
G
G
G
G
G
G
G
G
G
I: Initial sampling within 48 hours of begining discharge
*: Sampling repeated every three months if location still active
14
Organic solvents and other hazardous material and/or waste is strictly prohibited from being
discharged to the sanitary sewer.
DESCRIPTION OF WASTEWATER GENERATING OPERATIONS
Wastewater generated by the construction of the Vista/Carlsbad Interceptor Sewer Replacement
Project.
PRETREATMENT OPERATIONS REQUIRED IN THE EVENT OF A
VIOLATION
If a sampling event shows a violation of any the Encina discharge limits Carlsbad Municipal Water
District (CMWD) would be required to install a settling basin to pretreat and collect the generated
wastewater before being discharged to the sanitary sewer (in the event the waste is non hazardous), or
if determined to be hazardous, disposed of as a hazardous waste.
RESPONSIBLE PARTIES FOR CONTACT
Nancy Anson
Environmental Compliance Officer
Encina Wastewater Authority (760) 438-3941 ext: 3602
15
's FATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
ENCROACHMENT PERMIT
TR-0120 (REV. 7/98)Permit No.
11-99-NDM0254
compliance with (Check one):
(3 Your application of March 29,1999
Q Utility Notice No.
| | Agreement No.
R/W Contract No.
of
of
of
TO:
CITY OF CARLSBAD
2075 LAS PALMAS DRIVE
CARLSBAD. CA 92009
ATTN: MR. WALTER BROWN
PHONE: (760)438-1161
Disl/Co/Kle/PM
11-SD-5/R49.48-R50.00
Data
June 11,1999
Fee Paid
$ EXEMPT
Performance Bond Amount (1)
$
Deposit
$
Payment Bond Amount (2)
$
Bond Company
Bond Number (1)Bond Number (2)
PERMIT EXPIRES
DECEMBER 31,2000
J , PERMITTEE
and subject to the following. PERMISSION IS HEREBY GRANTED to:
enter upon State highway right of way in San Diego County, City of Carlsbad, on Route 5, post miles R49.48-R50.00, to proceed with
storm drain improvements, as shown on the attached plans, in accordance with the requirements and conditions contained herein
and as further directed or approved by the State's Inspector, Mr. John Lyons, telephone number (619) 688-6844.
The State's Inspector shall be notified two working days prior to starting work.
Working hours shall be as directed or approved by the State's Inspector.
No vehicles or equipment shall be parked within the highway right of way at any time, except for those vehicles or that equipment
actually engaged in the work, during the working hours specified hereia
(Continued)
The following attachments are also included as part of this permit
(Check applicable):
13 Yes
D Yes
D Yes
D Yes
PI Yes
General Provisions
Utility Maintenance Provisions
Special Provisions
13 No
A CaMDSHA permit required prior to beginning
work;
(If any Caltrans effort expended)
The information in the environmental documentation has been reviewed and considered prior to
approval of this permit.
In addition to fee, the permittee will
be billed actual costs for.
Yes
D Yes
13 Yes
No
No
Review
Inspection
Field Work
DECEMBER 31,2000.This permit is void unless the work is complete before
This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized.
No project work shall be commenced until all other necessary permits and environmental clearances have been obtained..
SP:sp
cc: Permits
MLNusz, Reg. Mgr.
JLyons, Inspector
Permittee
Contractor
APPROVED:
Gary L. Gallegos,District Director
ChrisfQ/Cutler, District Permit Engineer
FM91 1436
CITY OF CARLSBAD
11-99-NDM0254
6/11/99
The State of California, Department of Transportation makes no assurance or expressed warranty that the plans are complete or
that the planned construction fits field conditions. Should additional work or modifications of the work be required in order to
meet established Department Standards or in order to fit field conditions, the work shall be performed by Permittee as directed by
the State's Inspector at no cost to the State.
All work shall be performed in accordance with the current Department of Transportation Encroachment Permit Utility Provisions
dated May 1, 1994.
Traffic control when permitted or required shall be as directed by the State's Inspector.
The Permittee shall maintain conformance to current Caltrans water conservation policies in effect during the life of the
improvements authorized by this permit.
The Permittee shall fully inform themselves and shall conform to the requirements of the San Diego Municipal Permit
CAS029998 issued by the California Regional Water Quality Control Board (San Diego Region) for Water Pollution Control.
This permit regulates storm water discharges associated with construction activities.
The contractor shall develop, implement and maintain a Water Pollution Control Plan (WPCP) that conforms to the requirements
of the "Caltrans Storm Water Quality Handbooks, Construction Contractor's Guide and Specifications," dated May 10, 1997.
The Permittee shall be solely responsible to prepare, in accord with good management practices, a Storm Water Pollution
Prevention Plan or Water Pollution Control Plan which will satisfy the jurisdictional Environmental Protection Agency.
Notwithstanding General Provision No. 4, your contractor is required to apply for and obtain an encroachment permit prior to
starting work. A fee deposit of $560.00 will be required upon submittal of the application to perform the work. Also, your
contractor must submit proof that they have obtained bonds in accordance with General Provisions No. 24.
Permittee's contractor is responsible for actual cost of inspection which may be more or less than the fee deposit. A bill or refund
shall be sent upon satisfactory completion of the work. Payment of any bill is a condition of the permit
Plants injured or damaged during construction shall be removed and replaced by Permittee's contractor at no cost to the State.
Replacement of planting shall be a miminum of 3:1 for trees and 1:1 for shrubs or as directed or approved by the State's Inspector.
Permittee's contractor shall also provide for a 90-day plant establishment period on all new ground surfaces and any disturbed
existing surfaces.
Upon completion of the work, the attached card shall be completed and returned.
The following District Standard Special Provisions are generalizations of the Department Standard Specifications and are
included only as a Permittee convenience. Permittee's attention is directed to the current Department Standard Specifications for
complete, unabridged, specification requirements.
Once begun, that portion of the work within the State highway right of way shall be prosecuted to completion
as rapidly as possible.
All personnel on foot within the State highway right of way shall wear orange vests or jackets and hard hats.
The Permittee is responsible for locating and protecting all utilities both underground and aerial. Any costs
incurred for locating and protecting and/or relocating any utilties shall be borne by the Permittee.
STATE OF CALIFORNIA. DEPARTMENT OK TRANSPORTATIONENCROACHMENT PERMIT GENERAL PROVISIONS
TR-0045 (REV. I0/98i
1. AUTHORITY: The Department's authority to issue encroachment
permits is provided under. Div. 1. Chpt. 3. Art. I. Sect. 660 to 73-1 of
the Streets and Highways Code.
2. REVOCATION: Encroachment permits are revocable on five days
notice unless otherwise stated on the permit and except as provided
by law for public corporations, franchise holders, and utilities. These
General Provisions and the Encroachment Permit Utility Provisions
are subject to modification or abrogation at any time. Permittees'
joint use agreements, franchise rights, reserved rights or any other
agreements for operating purposes in State highway right of way are
exceptions to this revocation.
3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit
fees when due can result in rejection of future applications and
denial of permits.
4. ASSIGNMENT: No party other than the permittee or permittee's
authorized agent is allowed to work under this permit.
5. ACCEPTANCE OF PROVISIONS: Permittee understands and
agrees to accept these General Provisions and alt attachments to this
permit, for any. work to be performed under this permit.
6. BEGINNING OF WORK: When traffic is not impacted (see
Number 35). the permittee shall notify the Department's
representative, two (2) days before the intent to start permitted
work. Permittee shall notify the Department's Representative if the
work is to be interrupted for a period of five (5) days or more, unless
otherwise agreed upon. All work shall be performed on weekdays
during regular work hours, excluding holidays, unless otherwise
specified in this permit.
7. STANDARDS OF CONSTRUCTION: All work performed within
highway right of way shall conform to recognized construction
standards and current Department Standard Specifications.
Department Standard Plans High and Low Risk Facility
Specifications, and Utility Special Provisions. Where reference is
made to "Contractor and Engineer." these are amended to be read as
"Permittee and Department representative."
8. PLAN CHANGES: Changes to plans, specifications, and permit
provisions are not allowed without prior approval from the State
representative.
9. INSPECTION AND APPROVAL: All work is subject to
monitoring and inspection. Upon completion of work, permittee shall
request a final inspection for acceptance and approval by the
Department. The local agency permittee shall not give final
construction approval to its contractor until final acceptance and
approval by the Department is obtained.
10. PERMIT AT WORKSITE: Permittee shall keep the permit
package or a copy thereof, at the work site and show it upon request
to any Department representative or law enforcement officer. If the
permit package is not kept and made available at the work site, the
work shall be suspended.
11. CONFLICTING ENCROACHMENTS: Permittee shall yield sun
of work to ongoing, prior authorized, work adjacent to or within the
limits of the project site. When existing encroachments conflict with
new work, (he permittee shall bear all cost for rearrangements,
(e.g.. relocation, alteration, removal, etc.).
12. PERMITS FROM OTHER AGENCIES: This permit is invalidated
if the permittee has not obtained all permits necessary and required
by law. from the Public Utilities Commission of the State of
California (PUC). California Occupational Safety and Health
Administration (Cal-OSHA). or any other public agency having
jurisdiction.
13. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum
passageway of 1.21 meter (4') shall be maintained through the work
area at existing pedestrian or bicycle facilities . At no time shall
pedestrians be diverted onto a portion of the street used for vehicular
traffic. Ai locations where sate alternate passageways cannot be
provided, appropriate signs and barricades shall be installed at the
limits of construction ami in advance of the limits of construction at
the nearest crosswalk or intersection to detour pedestrians to
facilities across the street.
14. PUBLIC TRAFFIC CONTROL: As required by law. the permittee
shall provide traffic control protection warning signs, lights, safety
devices, etc.. and take all other measures necessary for traveling
public's safety. Day and night lime lane closures shall comply with
the Manuals of Traffic Controls. Standard Plans, and Standard
Specifications for irai'fic control >>Mem> These Gcncr:! PrciMMOn-.
a/e not miended 10 impose upon the permute;. b> thuj panics, jnv
duty or standard of care, greater ihan or different irom. is rciiuircj
by law.
I:. MINIMUM INTERFERENCE WTTH TRAFFIC: Penrmiee shall
plan and conduct work so as to create the least possible
inconvenience to (he traveling public: traffic shall not be
unreasonably delayed. On conventional highways, permittee shall
place properly attired flaggerts) to stop or warn the traveling public
in compliance with the Manual of Traffic Controls and Instructions to
Baggers Pamphlet.
16. STORAGE OF EQUIPMENT AND MATERIALS: Equipment and
material storage in State right of way shall comply with Standard
Specifications. Standard Plans, and Special Provisions. Whenever the
permittee places an obstacle within 3.63 m (12') feet of (he traveled
way. the permittee shall place temporary railing (Type K).
17. CARE OF DRAINAGE: Permittee shall provide alternate drainage
for any work interfering with an existing drainage facility in
compliance with the Standard Specifications. Standard Plans and/or
as directed by the Department's representative.
18. RESTORATION AND REPAIRS IN RIGHT OF WAY: Permittee
is responsible for restoration and repair of State highway right of
way resulting from permitted work (State Streets and Highways
Code. Sections 670 et seq.).
19. RIGHT OF WAY CLEAN UP: Upon completion of work,
permittee shall remove and dispose of all scraps, brush, timber,
materials, etc. off the right of way. The aesthetics of the highway
shall be as it was before work started.
20. COST OF WORK: Unless staled in the permit or a separate written
agreement, the permittee shall bear all costs incurred for work
within the State right of way and waives all claims for
indemnification or contribution from the State:
21. ACTUAL COST BILLING: When specified in the permit, the
Department will bill the perminee actual costs at the currently set
hourly rate for encroachment permits.
22 AS-BUILT PLANS: When required, perminee shall submit one (1)
set of as-built plans in compliance with Department's requirements.
Plans shall be submitted within thirty (30) days after completion and
approval of work.
As-Built plans or accompanying correspondence shall not include
disclaimer statements of any kind. Such statements shall constitute
non-compliance with these provisions. Failure to provide complete
and signed As-Built plans shall be cause for bond or deposit retention
by the Department
23. PERMITS FOR RECORD PURPOSES ONLY: When work in the
right of way is within an area under a Joint Use Agreement (JU A) or
a Consent to Common Use Agreement (CCUA). a fee exempt permit
is issued to the perminee for the purpose of providing a notice and
record of work. The Permittee's prior rights shall be preserved
without the intention of creating new or different rights or
obligations. "Notice and Record Purposes Only" shall be stamped
across the face of the permit
24. BONDING: The perminee shall file bond(s), in advance, in the
amount set by the Department. Failure to maintain bond(s) in full
force and effect will result in the Department stopping of all work
and revoking permit(s). Bonds are not required of public
corporations or privately owned utilities, unless perminee failed to
comply with the provision and conditions under a prior permit. The
surety company is responsible for any latent defects as provided in
California Code of Civil Procedures. Section 337.15. Local agency
permittee shall comply with requirements established as follows: In
recognition that project construction work done on State property will
not be directly funded and paid by State, for the purpose of
protecting stop notice claimants and the interests of State relative to
successful project completion; the local agency permittee agrees to
require the construction contractor furnish both a payment and
performance bond in the local agency's name with both bonds
complying with the requirements set forth in Section 3-1.02 of State's
current Standard Specifications before performing any project
construction work. The local agency permittee shall defend,
indemnify, and hold harmless the State, its officers and employees
from all project construction related claims by contractors and all
stop notice or mechanic's lien claimants. The local agency also
agrees to remedy, in. a timely manner and to State's satisfaction, any
latent defects occurring as a result of the project construction work.
IS. FUTURE MOVING OF INSTALLATIONS: Permittee understands
and agrees to rearrange a permuted installation upon request by the
Department, for State construction, reconstruction, or maintenance
«ork on the hr_'!mj> The pcrmnlcc al ht> *olc -.'ipcnve. unl-.:^ under
3 pnor aLVcrmen:. JL A. or a CCL A. -.hall comri) **nh -.aid reejuest
:«. ARCHAEOLOGICAL/HISTORICAL: II an> arrfucnlopcal or
hi-ioncal resources are revealed in ihc worn vicmiiy. (he permittee
shall immediaiejt slop work, noiifv [he Department ; representative,
mam a qualified archaeologist who shall evaluate ihc sue. and
mike recommendations lo the Department representative resardinc
(he continuance of work.
27. PREVAILING WAGES: Work performed by or under a permit
may require permittee's contractors and subcontractors 10 pay
appropriate prevailing wages as set by the Department of Industrial
Relations. Inquiries or requests for interpretations relative to 31.
enforcement of prevailing wage requirements are directed to State
of California Department of Industrial Relations. 525 Golden Gate
Avenue. San Francisco. California 94102.
28. RESPONSIBILITY FOR DAMAGE: The State of California and
all officers and employees thereof, including but not limited to the 32.
Director of Transportation and the Deputy Director, shall not be
answerable or accountable in any manner for injury to or death of
any person, including but not limited to the permince. persons
employed by the permittee, persons acting in behalf of the permittee,
or for damage to property from any cause. The permince shall be
responsible for any liability imposed by law and for injuries to or
death of any person, including but not limited to the permittee,
persons employed by the permittee, persons acting in behalf of the
permiittee. or for damage to property arising out of work, or other
activity permitted and done by the permittee under a permit, or
arising out of the failure on the permittee's pan to perform his
obligations under any permit in respect to maintenance or any other
obligations, or resulting from defects or obstructions, or from any
cause whatsoever during the progress of the work, or other activity 33.
or at any subsequent time, work or other activity is being performed
under the obligations provided by and contemplated by the permit
The permittee shall indemnify and save harmless the State of
California, all officers, employees, and State's contractors, thereof. 34.
including but not limited to the Director of Transportation and the
Deputy Director . from all claims, suits or actions of every name,
kind and description brought for or on account of injuries to or death
of any person, including but not limited to the permittee, persons •
employed by the permittee, persons acting in behalf of the permittee 35.
and the public, or damage to property resulting from the
performance of work or other activity under the permit, or arising
out of the failure on the permittee's pan to perform his obligations
under any permit in respect to maintenance or any other obligations,
or resulting from defects or obstructions, or from any cause
whatsoever during the progress of the work, or other activity or at
any subsequent time, work or other activity is being performed under
the obligations provided by and contemplated by the permit, except
as otherwise provided by statute. 36.
The duty of the permittee to indemnify and save harmless includes
the duties to defend as set forth in Section 2778 of the Civil Code.
The permittee waives any and all rights to any type of expressed or
implied indemnity against the State, its officers, employees, and State
contractors. It is the intent of the panics that (he permittee wUI
indemnify and hold harmless the State, its officers, employers, and 37.
State's contractors, from any and all claims, suits or actions as set
forth above regardless of the existence or degree of fault or
negligence, whether active or passive, primary or secondary, on the
pan of the State, the permittee, persons employed by the permittee,
or acting on behalf of the permittee.
For the purpose of this section. "Sale's contractors" shall include
contractors and their subcontractors under contract to the State of
California performing work within the limits of this permit.
29. NO PRECEDENT ESTABLISHED: This permit is issued with the
understanding that it does not establish a precedent.
30. FEDERAL CIVTL RIGHTS REQUIREMENTS FOR PUBLIC
ACCOMMODATION:
A. The permittee, for himself, his personal representative,
successors in interest, and assigns as pan of the consideration hereof,
does hereby covenant and agree that:
1. No person on the grounds oi nice, color, or national origin shall be
excluded from participation in. be denied the benefits of. or be
otherwise subjected to discrimination in the use ul said facilities.
2. That in connection with the construction of any improvements on
said lands and the furnishings of services thereon, no discrimination
shall be practiced in the selection and retention of first-tier
subcontractor; in the selection of second-tier subcontractors.
3. That such discrimination shall not be practiced against the public in
their access to and use of the facilities and services provided for
puolu' accommodations ituch .is eaun-.;. sieepm;. rrM. tt;r;z:i?r.
and ope.iiion on. o»er. or under the <pac.- 01 tru- njr.i j: >o>
•* Thai ihc permittee shall use the premise-* in -.orr.pnjncw MU^ j|;
other requirements imposed pursuant to Title I:. Code 01 FCU-.TJ:
Regulations. Commerce and Foreign Trade, Subtitle A Oifice at in.-
Secretary of Commerce. Pan 3 115 C.F R Pan »• and v <aia
Regulations may be amended.
B. That in the event of breach of an> 01" the above
nondiscnminauon covenants, the Slate shall have the nghi to
terminate the permit and to re-enter and repossess said land and the
land and the facilities thereon, and hold the same as if said permit
had never been made or issued.
MAINTENANCE OF HIGHWAYS: The permittee agrees, by
acceptance of a permit, to properly maintain any encroachment. This
assurance requires the permittee to provide inspection and repair any
damage, at permittee's expense, to State facilities resulting from the
encroachment.
SPECIAL EVENTS: In accordance with subdivision (a) of Streets
and Highways Code Section 682.5, the Department of Transportation
shall DOI be responsible for the conduct or operation of the permitted
activity, and the applicant agrees to defend, indemnify, and hold •
harmless the State and the city or county against any and all claims
arising out of any activity for which the permit is issued.
Permittee understands and agrees that it will comply with the
obligations of Titles II and HI of the Americans with Disabilities Act
of 1990 in the conduct of the event, and further agrees to indemnify
and save harmless the State of California, all officers and employees
thereof, including but not limited to the Director of Transportation,
from any claims or liability arising out of or by virtue of said Act.
PRIVATE USE OF RIGHT OF WAY: Highway right of way shall
not be used for private purposes without compensation to the State.
The girting of public property use and therefore public funds is
prohibited under the California Constitution. Article 16.
FIELD WORK REIMBURSEMENT: Permittee shall reimburse
State- for field work performed on permittee's behalf to correct or
remedy hazards or damaged facilities, or clear debris not attended to
by the permittee.
NOTIFICATION OF DEPARTMENT AND TMC: The permittee
shall notify the Department's representative and the Traffic
Management Center (TMC) at least 7 days before initiating a lane
closure or conducting an activity that may cause a traffic impact. A
confirmation notification should occur 3 days before closure or other
potential traffic impacts. In emergency situations when the
corrective work or the emergency itself may affect traffic. TMC and
the Department's representative shall be notified as soon as possible.
SUSPENSION OF TRAFFIC CONTROL OPERATION: The
permittee, upon notification by the Department's representative, shall
immediately suspend all lane closure operations and any operation
that impedes the flow of traffic. All costs associated with this
suspension shall be borne by the permittee.
UNDERGROUND SERVICE ALERT (USA) NOTIFICATION:
Any excavation requires compliance with the provisions of
Government Code Section 4216 et. seq.. including. but not limited to
notice to a regional notification center, such as Underground Service
Alen (USA). The permittee shall provide notification at least 48
hours before performing any excavation work within the right of
wav.