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Home My WebLink AboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (145)JA<C HENTHORN & ASSOCLOES LETTER OF TRANSMITTAL To: Mike Grim From: Jayne Deaver Of: City of Carlsbad Of: Jack Henthorn & Associates 1635 Faraday Ave 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 Carlsbad, CA 92008 Phone: 602-4623 Phone: (760)438-4090 Fax: Fax: (760) 438-0981 Date: 1/30/03 Time: 2:24 PM RE: CT 98-14: CDFG/USFWS Consultation FORWARDED BY: D HAND DELIVERY D U.S. MAIL D FAX D COURIER D PRINTER D PICK-UP Pages Description 1 Transmittal 4 Consultation documentation RECEIVED FEB 0 3 2003 CITY OF CARLSBAD PLANNING DEPT. COMMENTS: Mike: Thank you for clarifying the type of documentation required to satisfy condition #20. As the agencies determined that no permits were necessary, we can only document the fact that the project team did consult with them on the project. Attached are one memo and one letter confirming that our office and Standard Pacific's biological consultant, Dudek & Associates, consulted with the California Department of Fish and Game and the US Fish and Wildlife Service. The Memo, dated July 16, 1999, is an agenda for a comprehensive project review meeting with CDFG, USFWS, and the City of Carlsbad. The agencies' position was that no action was necessary; that is, the site did not contain habitat areas in need of closer review. The letter, dated May 9, 2002, reiterates the agencies' position on the riparian habitat area. If you have any questions or need any additional information, please feel free to call our office at (760) 438-4090. Thanks, Jayne DUDEK & ASSOCIATES, INC. Professional Teams for Complex Projects ring. Planning, Environmental Sciences and Management Services Corporate Office: 605 Third Street Encinitas, California 92024 760.942.5147 Fax 760.632.0164 May 9, 2002 2755-02 Mr. Mike Grim City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Thompson/Tabata Dear Mr. Grim: This letter is in response to the California Coastal Commission's inquiry regarding the jurisdictional status of the riparian habitat area located along the western property boundary of the project site. It is our understanding that Keri Akers' concerns pertain specifically to the need for a consultation with United States Army Corps of Engineers (USAGE) regarding disturbance to the habitat. In October 2000, Dudek and Associates, Inc. prepared a biological survey for the Thompson property. At that time, it was our determination that although the habitat area was isolated and disturbed, it was within the jurisdiction of the USAGE and would require a consultation prior to any further disturbance. Subsequent to this determination, on January 9, 2001, the United States Supreme Court determined in the case of the Solid Waste Agency of Northern Cook County (SWANCC) vs. USAGE that the USAGE does not have jurisdiction over isolated waters and Wetlands and waters are considered isolated if there is no evidence of connecting surface flows to interstate or navigable waterbodies. The riparian habitat in question on the Thompson property is located within a manmade desiltation basin constructed by the previous owner of the property who maintained a nursery operation on-site. The habitat is located adjacent to the paved access road to the site and is isolated from other water bodies, including streams and other habitat areas occurring off-site. In summary, the original Thompson biological survey determination was made prior to the SWANCC ruling which re-defined the jurisdiction of the USAGE. Since the habitat area on the Thompson property meets the criteria for an "isolated (I'm not sure if you Mr. Mike Grim Re: Thompson/Tabata need the) "wetland," the USAGE does not have jurisdiction over it, and an USAGE consultation is therefore unnecessary. The habitat does remain under the jurisdiction of the California Department of Fish and Game (CDFG) and the Regional Water Quality Control Board (RWQCB). Both the CDFG and RWQCB have been consulted in this matter and approved the use of the habitat area as an open space lot. Sincerely, DUDEK & ASSOCIATES, INC. Anita Hayworth ale cc: Jack Henthorn, Henthorn & Associates Kathy Baker, Standard Pacific Housing & ASSOCIATES, INC. May9'2002 2755-02 Professional Teams /or C«mJ>I«;.T Projects ;k Henthorn & AssociatQ 5375 Avenida Encinas, Suite D Carlsbad, CA 92008 (760) 438-4090 Fax (760) 438-0981 Memorandum To: Julie Vanderweir, U.S. Fish and Wildlife Service David Lawhead, California Fish and Game Don Rideout, City of Carlsbad FROM: Jack E. Henthorn SUBJECT: PROJECT LIST FOR 9:00 AM MEETING DATE: JULY 16,1999 I apologize for being so late in getting this to you. I will have copies for the meeting. Page 1 of 1 Distribution: Julie Vanderweir; David Lawhead; Don Rideout. Project review list for City/Agency meeting 7/16/99 Developer Owner/Project HMP Designation Status Position Std. Pac. De Jong Standard area T-M approved Agency rev comp West Pac Roesch Spectrum Hadley Lohf Steiner Buerser Kaiser SRWB Daybreak Nelson Greystone BCS Standard area Thompson Development Standard Area Carnation Standard Area Development Standard Area Standard Area Standard Area Standard Area Standard Area Standard Area Marina Group Kelly Bartman Standard Area T-M Pending Agency rev comp — T-M applic No action nee T-M approved Agency rev comp T-M approved Agency rev comp F-M in process No action nee T-M in process Initial Agency rev T-M in process Green Houses " T-M in process Field crops Prelim design Partial grade Prelim design Partial Ag. T-M in process Agency letter Applic Filed % Dev? ?ac Gulf Levatino Standard Area Prelim design % Dev?