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HomeMy WebLinkAboutCT 02-14; Bressi Ranch Residential; Tentative Map (CT) (28)REPLY TO ATTENTION OF: RECEIVED OCTl 62002 DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS VENTURA FIELD OFFICE 2151 ALESSANDRO DRIVE, SUITE 110 VENTURA, CALIFORNIA 93001 October 9, 2002 Office of the Chief Regulatory Branch Lennar Homes, LLC Attention: Ms. Kristine Zortman 5780 Fleet Street, Suite 320 Carlsbad, California 92008-4700 Dear Ms. Zortman: Enclosed you will find a signed copy of your Department of the Army Permit (File # 200200590-SKB). Please retain this copy for your files. Thank you for participating in our regulatory program. If you have any questions, please contact Shannon K. Bryant at (858) 674-6784. Sincerely, Mark Durham Acting Chief, Regulatory Branch Enclosure RECEIVED OCT l 8 2002 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PERMIT Permittee: Lennar Homes, LLC (Ms. Kristine Zortman) Permit Number: 200200590-SKB Issuing Office:Los Angeles District Date of Issuance: September 23,2002 Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term '"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To permanently fill 2.50 total acres of jurisdictional waters of the United States, comprised of 2.41 acres of wetlands and 0.09 acre of non-wetland waters (NWW) to construct the Bressi Ranch Development as shown on the attached drawings. Impacts to Corps jurisdictional wetlands will include 0.29 acre of southern willow scrub (SWS)/freshwater marsh (FWM), 0.08 acre of SWS only, and 2.04 acres of non-native tamarisk scrub (TS). The project includes the following: 623 homes; 130,000 square feet of open space (such as a shopping center); 138,000 square feet of community facilities and/or a private school; and approximately 2,160,500 square feet of industrial space (that may include such uses as industrial, office, research and development, and warehouse). Necessary infrastructure improvements will include providing utilities, and extending Poinsettia Lane, El Fuerte Street, and Alicante Road on the proposed project site. Overall, the residential, industrial, and commercial developments and related infrastructure (including the road extensions) will impact a 441.2-acre footprint. The remaining 185.7 acres are proposed as six open space parcels in the western, southern, and eastern regions of the site. (The open space and total impacts do not equal 585.1 because some of the proposed impacts are slopes that will be revegetated with native plant species and included in the open space total). Furthermore, the project involves public and private trails, which have been designed so as not to conflict with City of Carlsbad's Habitat Management Plan for Natural Communities open space areas, wetland mitigation areas, and/or to impact Corps jurisdictional waters of the United States. Trail widths are proposed to be approximately eight feet in width and would be located as shown on the Bressi Ranch Master Plan attached to the U.S. Fish and Wildlife Service Biological Opinion (No. 1-6-00-F-915) dated August 16, 2001. Project Location: The project site is a 585.1-acre area divided into two parcels, a northern and a southern parcel, situated in the City of Carlsbad, in northwestern San Diego County, California. The site is located southeast of the intersection of Palomar Airport Road and El Camino Real. The area south of the site is currently undeveloped land that is part of the proposed Villages of La Costa's Greens Project (File No. 992005400-TCD). To the east of the site, residential construction called Rancho Carrillo (File No. 942085300-TCD) is currently underway. The proposed project site drains into an unnamed tributary to San Marcos Creek, which flows into Batiquitos Lagoon. (lat:33-7-30.0000 lon:117-15-30.9960) PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on September 23, 2007. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. 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 4 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 from this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. 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. 5. A conditioned water quality certification has been issued for your project; you must comply with the conditions specified in the September 16, 2002 certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. 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. Special Conditions: Prior to Impacts to Corps Jurisdiction 1. The permittee must take the actions required to record this permit with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records of title to or interest in real property. 2. The permittee shall provide the Corps a final mitigation and monitoring plan for approval prior to impacts to Corps jurisdiction based on the Bressi Ranch Draft Conceptual Mitigation Plan by Helix Environmental Planning, Inc. dated January 11,1999. Specifically, the permittee shall mitigate for Corps-jurisdictional impacts to 2.04 acres of non-native TS at a ratio of 1:1 creation/restoration and 2:1 for the remaining 0.46 acres. The compensatory mitigation shall total 2.96 acres and shall be implemented along the main drainage in the southern portion of the property. The following table summarizes the impacts and mitigation acreage. Habitat Type SWS/FWM SWS onlv TS NWW AM FWM only Total Existing 0.29 5.82 2.31 0.13 0.12 0.07 8.74 Impacts 0.29 0.08 2.04 0.09 2.5 Remaining - 5.74 0.27 0.04 0.12 0.07 6.24 Mitigation Ratio 2to1 2to1 1 to1 2to1 Mitigation Req'd 0.58 0.16 2.04 0.18 2.96 Creation/Restoration 0.24 2.72 2.96 SWS=southem willow scrub NWW=non-wetland waters FWM=freshwater marsh TS=tamarisk scrub AM=alkali marsh "The mitigation for impacts to TS will be out of kind because TS is a non-native habitat. **Note: The 5.60 total acres of mitigation implemented in April 2000 at the Bressi Ranch mitigation site includes 0.10 acre of sycamore oak woodland, 5.10 acres of SWS, and 0.40 acre of FWM of which 0.16 acre is compensatory mitigation for the Saxony Road Pump Station nationwide permit (File No. 982023100-SKB). The remaining 2.48 acres satisfy California Department of Fish and Game mitigation requirements and is considered a transitional wetland to upland habitat buffer for both the reauired 2.96 acres of mitigation indicated in the table above and 0.16 from the previous Corps permit. 3. The permittee shall post a performance bond with the Corps, or other Corps approved agent, for grading, planting, irrigation, and 5 years of maintenance and monitoring of the wetland mitigation site (including a 20% contingency to be added to the total costs) prior impacts to Corps jurisdiction. This bond is to guarantee the successful implementation of the wetland mitigation construction, maintenance, and monitoring. 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. 4. The permittee shall preserve in perpetuity all mitigation and preservation areas by placing a biological conservation easement in favor of an agent approved by the Corps on these areas. The permittee shall submit a draft easement to the Corps for approval prior to its execution and any impacts to waters of the United States. The easement shall state clearly that no other easements or activities that would result in soil disturbance and/or vegetation removal, except as approved by the Corps, shall be allowed within the biological conservation easement area. The permittee shall submit the final easement within ID days of receiving Corps approval of the draft easement. The permittee is also required to record this permit with the Registrar of Deeds 3 or other appropriate official charged with the responsibility for maintaining records of title to or interest in real property. 5. The permittee shall implement a contractor education program to ensure that onsite personnel are informed of the biologically sensitive resources associated with the project site (approved project footprint) and compliance with all the terms and conditions herein. Furthermore, the permittee shall provide the Corps documentation illustrating how the contractor education program shall be implemented (e.g., handouts, bilingual pamphlets/instruction, etc.) prior to onset of the activity authorized herein. 6. The permittee shall provide the Corps written notification a minimum of 5 days prior to the start of the activity authorized herein as to the anticipated beginning and ending dates of construction that shall include a breakdown of the timetable for impacts to waters of the United States by parcel/phase of construction and mitigation implementation. Project Implementation 7. The permittee shall staff a qualified biologist (see special condition 18 for qualifications) onsite during all phases of construction and mitigation implementation to ensure compliance with the requirements of this permit. The permittee shall provide the biologist's name, address, telephone number, email address (if available), and work schedule on the project to the Corps prior to the planned date of initiating the activity authorized by this permit. The onsite biologist shall be authorized to halt any and/or all project activities that may be in violation of the terms and conditions herein. 8. The permittee shall identify the limits of grading within and adjacent to jurisdictional waters with bright orange fencing visible to personnel on foot or operating heavy equipment to prevent additional impacts to waters of the United States including wetlands. If impacts to Corps jurisdiction occur outside these limits, all work shall cease, and the Corps shall be provided written notification within 48 hours. Any impacts to Corps jurisdictional waters of the United States that occur outside the fenced and marked limits (approved project footprint) shall be mitigated at a minimum 6:1 ratio of creation and/or restoration. 9. The permittee shall post a legible copy of this permit omite including all general and special conditions herein at all times during the authorized activity. 10. The permittee shall permanently impact no more 2.50 acres of waters of the United States comprised of 2.41 acres of wetlands and 0.09 acre of non-wetland waters. Specifically, the wetland impacts shall consist of 0.29 acres of SWS/FWM, 0.08 acres of SWS only, 2.04 acres of non-native TS and 0.09 acres of non-wetland waters. 11. The permittee shall submit monthly reports to the Corps beginning 30 days after initiating activities on the project site (as indicated in special condition 6). The report shall include: dated photographs (specify angle of picture, waterway, and reference site location on a site map of sufficient scale to locate the reference site within a few feet), and a summary of all project activities that document compliance with all the terms and conditions herein. Mitigation 12. The permittee shall conduct a minimum of 5 years of maintenance and monitoring of wetland mitigation areas. If success criteria are met earlier and all artificial water supplies to 4 the site have been stopped for a minimum of two years, the site may be considered, at the Corps discretion, for early approval. In addition to the success criteria outlined in the Corps- approved final mitigation plan, evidence of wetland hydrology and natural recruitment of native wetland vegetation must be present in proposed wetland creation/restoration areas in order to obtain final Corps approval. All irrigation equipment shall be removed from the mitigation site(s) and a wetland delineation conducted in accordance with the 1987 Corps Manual prior to Corps approval. Annual mitigation monitoring reports shall be submitted to the Corps no later than May 31 of each year. The Corps understands installation of the mitigation was completed in April 2000 prior to issuance of this Corps permit and the first year monitoring report dated April 22,2002 was submitted to the Corps on May 17,2002. 13. The permittee shall arrange a site inspection/compliance check by the Corps at the end of the five-year monitoring period and provide written documentation detailing how all success criteria have been met. The request shall include: tables presenting the raw data collected and analyses of the physical and biological data; qualitative and quantitative comparisons of current mitigation conditions to pre-construction conditions and previous mitigation monitoring results by year; and photo-documentation from established reference points. At that time, all final contingency measures shall be implemented by the permittee as directed by the Corps. The Corps must approve and provide written confirmation of the success of the mitigation before monitoring shall be discontinued. 14. If changes are made to the mitigation design during its implementation, the permittee shall notify the Corps. If the Corps determines the changes are greater than minimal, the permittee shall coordinate with the Corps and obtain written approval prior to taking any remedial "on the ground" action or making any change to the Corps-approved final mitigation plan. If changes are determined by the Corps to be greater than rninimal, as-built drawings (including representative cross sections referenced on plane view with changes from the conceptual plan annotated) of the mitigation grading, planting, and irrigation shall be submitted to the Corps within 3D days of implementing the redesigned mitigation. 15. The permittee shall submit a mitigation report (with topographic maps and planting locations) to the Corps after completion of mitigation site preparation and planting, describing as-built status of the mitigation project based on the approved final mitigation and monitoring plan. The Corps understands the mitigation described above was initiated in April 2000. Therefore, the permittee shall submit the mitigation report concurrent with the final mitigation plan (special condition 2) prior to impacts to Corps jurisdictional waters of the United States. 16. The permittee agrees to use fencing, signs, and/or planted, non-invasive, native vegetation as a barrier between Corps jurisdictional areas including mitigation sites and adjacent development. 17. The permittee shall restore any mitigation areas damaged by natural storm flows during the first three years after initial planting and restore areas damaged by vandalism and/or neglect during the five-year minimum monitoring period. Any subsequent replanting shall follow the initial planting procedures outlined in the final mitigation plan. 18. Management of conserved areas shall be performed by a management entity that is experienced in (1) restoration and maintenance of native habitats in southern California, especially riparian habitats; (2) measures required to avoid harassment of federally-listed 5 species; (3) performing proper monitoring of habitat viability and sensitive species; and (4) identifying and implementing appropriate remedial measures necessary to ensure the long- term viability and integrity of the preserved habitat. The Corps shall approve selection of the management entity. Endangered Species 19. The permittee shall implement all the terms and conditions of the Biological Opinion (No. 1-6-00-F-915) dated August 16,2001. Cultural Resources 20. The permittee shall implement and complete a data recovery program for site CA-SDI- 14,592 in compliance with Appendix C, and the National Historic Preservation Act, and in consultation of the California State Historic Preservation Officer (SHPO). The site shall be protected from construction activities until data recovery has been approved by SHPO and fieldwork completed. Data recovery provides for a sample of the site to be excavated, artifacts and ecofacts to be analyzed, special studies (i.e., radiocarbon dating, residue analysis, obsidian hydration and sourcing) to be conducted, and a report of finding addressing the important research questions to be prepared. The project archaeologist shall be responsible for ensuring that all cultural remains collected are permanently curated at an appropriate institution. 21. The permittee shall also preserve the near-surface cultural resource site CA-SDI-9,846 by the implementation of a capping and easement mitigation plan to protect the site from artifact collecting. Capping includes placement of a semi-permeable layer of polypropolene geofabric and a six-inch layer of clean, low saline sand and gravel fill across the site followed by a minimum two feet of non-compacted fill soil. In addition, the site shall be fenced and a conservation easement shall be recorded over the site to preclude vehicle traffic, excavations in excess of two feet and planting of deep-root trees and shrubs. Complete avoidance of the site may not, however, be feasible based on engineering and/or geo technical recommendations for construction of Poinsettia Lane, El Fuerte Street, and a proposed detention basin. If avoidance of site CA-SDI-9,846 is not feasible, then a data recovery program shall be implemented in compliance with the City of Carlsbad's Cultural Resource Guidelines Criteria and Methodology for Comphting a Data Recovery Program Phase III, as described above. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: () Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 US.C 1344). () Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. 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. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. 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. 5. 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: a. You fail to comply with the terms and conditions of this permit. 7 b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. 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 325.7 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. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions this permit. DATE This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. Mark F. Sudol, D.Env. Chief, Regulatory Branch DATE When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 200200590-SKB Name of Permittee: Lennar Homes, LLC (Ms. Kristine Zortman) Date of Issuance: September 23,2002 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: Regulatory Branch - Los Angeles District Office ATTN: CESPL-CO-RS-200200590-SKB P.O. Box 532711 Los Angeles, California 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 permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date 10