HomeMy WebLinkAboutCT 02-14; Bressi Ranch Residential; Tentative Map (CT) (22)Sent By: LENNAR COMMUNITIES; 17609188868; Sep-17-02 14:03; Page 2
' RECEIVED AUG 2 7 ?nn?STATE OF CALIFORNIA-THE RESOURCES AGFNCY * ' faUUfc GRAY DAVIS Governor
DEPARTMENT OF FISH AND GAME
South Coast Region
4949 Viewridge Avenue
San Diego, California 92123
(858) 467-4201
FAX (858) 467-4235
August 23, 2002
Lennar Homes, LLC
Attn: Kristine Zortman
5780 Fleet Street, Suite 320
Carlsbad, CA 92008
Dear Ms. Zortman:
Enclosed is Streambed Alteration Agreement R5-2002-0031 that authorizes work on the
Bressi Ranch project impacting San Marcos Creek in San Diego County. This action is
authorized under Section 1600 of the Fish and Game Code and has been approved by the
California Department of Fish and Game. Pursuant to the requirements of the California
Environmental Quality Act (CEQA), the Department filed a Notice of Determination (NOD) on
the project on l)£r?2&/02- Under CEQA regulations, the project has a 30-day
statute of limitations on court challenges of the Department's approval under CEQA.
The Department believes that the project fully meets the requirements of the Fish and
Game Code and CEQA. However, if court challenges on the NOD are received during the 30-
day period, then an additional review or even modification of the project may be required. If no
comments are received during the 30-day period, then any subsequent comments need not be
responded to. This information is provided to you so that if you choose to undertake the project
prior to the close of the 30-day period, you do so with the knowledge that additional actions may
be required based on the results of any court challenges that are filed during that period.
Please contact Tamara Spear at (858) 467-4223 if you have any questions regarding the
Streambed Alteration Agreement.
Sincerely,
C.F. RaVsbrook
Regional Manager
Enclosure
cc: Tamara Spear
Sent By: LENNAR COMMUNITIES; 17609188868; Sep-17-02 14:03; Page 3
CALIFORNIA DEPARTMENT OP FISH AND GAME
4949 Viewridge Avenue
San Diego, California 92123
Notification R5-2002-0031
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish and Game,
hereinafter called the Department and Kristine Zortman. representing Lennar Homes. LLC.
5780 Fleet Street. Suite 320. Carlsbad. CA 92008. State of California, hereinafter called the
Operator, is as follows:
WHEREAS, pursuant to Section 1603 of California Fish and Game Code, the Operator, on the
25" day of January. 2002. notified the Department that they intend to divert or obstruct the
natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of,
the following waters): unnamed drainages, tributaries to San Marcos Creek, a tributary to
BatiQuftos Lagoon/San Diego County. California, Section 24 Township 12S Range 3W/4W
WHEREAS, the Department (represented by Tamara Spear through a site visit on the 3rd
day of April. 2002^ has determined that such operations may substantially adversely affect those
existing fish and wildlife resources within the streambed of unnamed drainages, tributaries to
San Marcos Creek, specifically identified as follows: Birds: California onatcatcher (PolioDtila
califomica califomicaY Cooper's hawk (Acdoiter coooem. red-tailed hawk (Buteo iamaicensisY
white-tailed kite (Elanus leucurus). mourning dove (Zenakia macroura). scrub jav (Aphelocoma
coerulescens). Anna's hummingbird (Calvote anna), black Phoebe (Savomis niaricans). bushtit
IPsaltrioarus minimus}. Bewick's wren (Thrvomanes bewickii). northern mockingbird IMimus
oolvalottos). California townee (Pioilo crissalis): Amphibians: Pacific tree froo (Hvla reailla).
western spadefoot toad (Scaphioous hammondfr. Reptiles; western fence lizard (Sce/opo/pus
occidentalis).. side-blotched lizard (Ufa stansburiana). southern alligator lizard (Etoaria
multicarinatus): Invertebrates: Quino checkerspot butterfly fEuphvdryas editha quino).
Harbison's dun skipper (Euohves vestris harbisoni Mammals; coyote (Canis latrans). orav fox
(Urocvon tinereoamenteusY valtev pocket gopher (Thomomvs bottae). desert cottontail
(Svlvilagus audubonii). dusky-footed wood rat (Neotoma fuscioes). California ground squirrel
(Spermophilus beechevi). Plants: Nuttall's scrub oak (Quercus dumosaY summer hotlv
(Comarostaphvtis diversifolia ssp. diversifotia). California adolphia (Adolphia califomica}:
including the southern willow scrub, freshwater marsh, cismontane alkali marsh, mule fat scrub,
tamarisk scrub, unveqetated streambed and surrounding southern mixed chaparral. Dieoan
coastal sage scrub and non-native grassland which provide habitat for such species in the area.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife
resources during the Operator's work. The Operator hereby agrees to accept the following
measures/conditions as part of the proposed work.
If the Operator's work changes from that stated in the notification specified above, this
Agreement is no longer valid and a new notification shall be submitted to the Department of Fish
and Game. Failure to comply with the provisions of this Agreement and with other pertinent code
sections, including but not limited to Fish and Game Code Sections 5660,5662,5937, and 5948,
may result in prosecution.
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Sent By: LENNAR COMMUNITIES; 17609188868; Sep-17-02 14:04; Page 4/7
STREAMBED ALTERATION AGREEMENT #R5-2002-0031
Nothing in this Agreement authorizes the Operator to trespass on any land or property,
nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or
local laws or ordinances. A consummated Agreement does not constitute Department of Fish
and Game endorsement of the proposed operation, or assure the Department's concurrence with
permits required from other agencies.
This Agreement becomes effective the date of Department's signature and terminates December
31. 2005 for project construction only. This Agreement shall remain in effect for that time
necessary to satisfy the terms/conditions of this Agreement.
1. The following provisions constitute the limit of activities agreed to and resolved by this
Agreement. The signing of this Agreement does not imply that the Operator is precluded
from doing other activities at the site. However, activities not specifically agreed to and
resolved by this Agreement shall be subject to separate notification pursuant to Fish and
Game Code Sections 1600 et seq.
2. The Operator proposes to alter the streambed of unnamed drainages, tributaries to
San Marcos Creek, tributary to Batiquitos Lagoon to accommodate the construction of
the Bressi Ranch Development Project. Construction activity includes residential,
commercial and industrial development with associated utilities and infrastructure (extension
of Poinsettia Lane, El Fuerte Street and Alicante Road). Six open space parcels have also
been designated. The project site is located southeast of the intersection of Paiomar
Airport Road and El Camino Real in the City of Carlsbad, San Diego County. The project
impacts 4.65 acres of streambed.
3. The agreed work includes activities associated with No. 2 above. The project area is
located within the streambed of unnamed drainages, tributaries to San Marcos Creek,
tributary to Batiquitos Lagoon, San Diego County. Specific work areas and mitigation
measures are described on/in the plans and documents submitted by the Operator, including
a "Biological Technical Report for Bressi Ranch", prepared by Helix Environmental Planning,
Inc., dated November 16, 2001; a "Draft Environmental Impact Report, Volume 1, for Bressi
Ranch Master Plan", prepared by Cotton/ Bridges/Associates, dated December 2001; and
shall be implemented as proposed unless directed differently by this agreement.
4. The Operator shall not permanently impact more than 4.65 acres of jurisdictional
streambed comprised of 0.02 cismontane alkali marsh*, 0.08 southern willow scrub, 0.29
disturbed southern willow scrub/freshwater marsh, 0.07mule fat scrub, 4.03 tamarisk
scrub, 0.16 unvegetated streambed. Impacts to alkali marsh, southern willow scrub,
southern willow scrub/freshwater marsh and mulefat scrub shall be mitigated at a 2:1 ratio
and tamarisk scrub and unvegetated streambed shall be mitigated at a 1:1 ratio for a 5.11
mitigation acreage requirement. A 5.6 acre pre-mitigation site within designated open
space was implemented on-site in May of 2000.
The pre-mitigation site does not have the proper soil and hydrology to support alkali
marsh, therefore the topsoil from the impacted alkali marsh will be moved to another open
space area to the north on the project site which could support alkali marsh habitat.
5. The Operator shall submit a Revised Revegetation, Mitigation and Monitoring Plan for
the 5.11 acre of wetland habitat restoration and enhancement area on-site. The plan
shall include the revised mitigation acreage requirement and also the alkali marsh
mitigation requirements.
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STREAMBED ALTERATION AGREEMENT #R5-2002-0031
6. The Operator shall not remove vegetation within the stream from February 15 to
September 15 to avoid impacts to nesting birds. However, the Operator may remove
vegetation during this time if a qualified biologist conducts a survey for nesting birds
within 24 hours of the vegetation removal, and ensures no nesting birds shall be impacted
by the project. If nesting birds are present, the Operator shall immediately notify the
Department and no work shall occur until the young have fledged and will no longer
be impacted by the project
7. The Operator shall have a qualified biologist onsite daily during any impacts to
vegetation for the purpose of monitoring and enforcing conditions of this agreement.
8. No equipment shall be operated in ponded or flowing areas.
9. Disturbance or removal of vegetation shall not exceed the limits approved by the
Department. The disturbed portions of any stream channel shall be restored. Restoration
shall include the revegetation of stripped or exposed areas with vegetation native to the
area.
10. Installation of bridges, culverts, or other structures shall be such that water flow is not
impaired. Bottoms of temporary culverts shall be placed at stream channel grade;
bottoms of permanent culverts shall be placed at or below stream channel grade.
11. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted
into stable areas with little erosion potential. Frequent water checks shall be placed on
dirt roads, cat tracks, or other work trails to control erosion.
12. Water containing mud, silt or other pollutants from aggregate washing or other
activities shall not be allowed to enter a lake or flowing stream or placed in locations that
may be subjected to high storm flows.
13. Structures and associated materials not designed to withstand high seasonal flows
shall be removed to areas above the high water mark before such flows occur.
14. The perimeter of the work site shall be adequately flagged to prevent damage to
adjacent riparian habitat.
15. Staging/storage areas for equipment and materials shall be located outside of the
stream.
16. The Operator shall comply with all litter and pollution laws. All contractors,
subcontractors and employees shall also obey these laws and it shall be the responsibility
of the operator to ensure compliance.
17. If a stream's low flow channel, bed or banks have been altered, these shall be
returned as nearly as possible to their original configuration and width, without creating
future erosion problems, excepting the 4.65 acres of permanent streambed impacts
associated with condition No. 2 above.
18. Access to the work site shall be via existing roads and access ramps.
19. All mitigation planting shall have a minimum of 100% survival the first year and 80%
survival thereafter and/or shall attain 75% cover after 3 years and 90% cover after 5 years
for the life of the project. If the survival and cover requirements have not been met, the
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Sent By: LENNAR COMMUNITIES; 17609188868; Sep-17-02 14:06; Page 6/7
STREAMBED ALTERATION AGREEMENT #R5-2002-0031
Operator is responsible for replacement planting to achieve these requirements.
Replacement plants shall be monitored with the same survival and growth requirements.
20. An annual report shall be submitted to the Department by January 1 (following the
first growing season) of each year for 5 years after planting. This report shall include the
survival, percent cover, and height of both tree and shrub species, including the alkali
marsh mitigation. The number by species of plants replaced, an overview of the
revegetation effort, and the method used to assess these parameters shall also be
included. Photos from designated photo stations shall be included.
21. Spoil sites shall not be located within a stream, where spoil could be washed back
into a stream/lake, or where it could cover aquatic or riparian vegetation.
22. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil
or other petroleum products, or any other substances which could be hazardous to
aquatic life, resulting from project related activities, shall be prevented from contaminating
the soil and/or entering the waters of the state. These materials, placed within or where
they may enter a stream/lake, by Operator or any party working under contract, or with the
permission of the Operator, shall be removed immediately.
23. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or
washings thereof, oil or petroleum products or other organic or earthen material from any
construction, or associated activity of whatever nature shall be allowed to enter into or
placed where it may be washed by rainfall or runoff into, waters of the State. When
operations are completed, any excess materials or debris shall be removed from the work
area. No rubbish shall be deposited within 150 feet of the high water mark of any stream
or lake.
24. No equipment maintenance shall be done within or near any stream channel where
petroleum products or other pollutants from the equipment may enter these areas under
any flow.
25. The Operator shall provide a copy of this Agreement to all contractors,
subcontractors, and the Operator's project supervisors. Copies of the Agreement
shall be readily available at work sites at all times during periods of active work and
must be presented to any Department personnel, or personnel from another agency upon
demand.
26. The Department reserves the right to enter the project site at any time to ensure
compliance with terms/conditions of this Agreement.
27. The Operator shall notify the Department, in writing, at least five (5) days prior to
initiation of construction (project) activities and at least five (5) days prior to
completion of construction (project) activities. Notification shall be sent to the
Department at 4949 Viewridge Avenue, San Diego, CA 92123 Attn: Tamara A. Spear
28. It is understood the Department has entered into this Streambed Alteration
Agreement for purposes of establishing protective features for fish and wildlife. The
decision to proceed with the project is the sole responsibility of the Operator, and is not
required by this agreement. It is further agreed all liability and/or incurred cost
related to or arising out of the Operator's project and the fish and wildlife protective
conditions of this agreement, remain the sole responsibility of the Operator. The
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STREAMBED ALTERATION AGREEMENT #R5-2002-0031
Operator agrees to hold harmless the State of California and the Department of Fish and
Game against any related claim made by any party or parties for personal injury or any
other damages.
29. The Operator shall request an extension of this agreement prior to its termination.
Extensions may be granted for up to 12 months from the date of termination of the
agreement and are subject to Departmental approval. The extension request and fees
shall be submitted to the Department's Region 5 office at the above address. If the
Operator fails to request the extension prior to the agreement's termination, then the
Operator shall submit a new notification with fees and required information to the
Department. Any activities conducted under an expired agreement are a violation of Fish
and Game Code Section 1600 et. seq.
30. The Department reserves the right to suspend or cancel this Agreement for other
reasons, including but not limited to the following:
a. The Department determines that the information provided by the Operator in support
of the Notification/Agreement is incomplete or inaccurate;
b. The Department obtains new information that was not known to it in preparing the
terms and conditions of the Agreement;
c. The project or project activities as described in the Notification/Agreement have
changed;
d. The conditions affecting fish and wildlife resources change or the Department
determines that project activities will result in a substantial adverse effect on the
environment.
31. Before any suspension or cancellation of the Agreement, the Department will notify
the Operator in writing of the circumstances which the Department believes warrant
suspension or cancellation. The Operator will have seven (7) working days from the date
of receipt of this notification to respond in writing to the circumstances described in the
Department's notification. During the seven (7) day response period, the Operator shall
immediately cease any project activities which the Department specified in its notification.
The Operator shall not continue the specified activities until that time when the
Department notifies the Operator in writing that adequate methods and/or measures have
been identified and agreed upon to mitigate or eliminate the significant adverse effect.
CONCURRENCE
(Lennar Homes, L££) California Dept. of Fish and Game
(date) " (signaturf) (dafe) '
Kristine Zortman C.F. Raysbrook. Regional Manager
(title) (title)
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