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HomeMy WebLinkAboutCT 99-04; Villages of La Costa Oaks & Ridge; Tentative Map (CT) (8)DEVELOPMENT 1903 Wright Place, Suite 180 VIA HAND DELIVERY Carlsbad, CA 92008 phone: 760 929-2701 •November 20, 2001 fax: 760 929-2705 Mr. Don Neu Senior Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Villages of La Costa - CT 99-04 Resolution 5020 Condition of Approval #18 Dear Don: Enclosed please find a copy of U.S. Fish and Wildlife permit PRT-818041 which authorizes incidental take of threatened and endangered species within the planning area of the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan. Also enclosed is the Assumption Agreement with Respect to Implementation Agreement Regarding City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan. This document assigns the rights under the permit to Real Estate Collateral Management Company. I assume that supplying these documents to you satisfies condition #18; if there are further requirements to fully satisfy the condition, please let me know at your earliest convenience. If you have any questions or need any further information, please don't hesitate to call me at 760/929-2701 ext. 103 or e-mail at iiacksonro),morrowdevelopment.com. Sincerely, enior/vice President JMJ: jmj cc Fred Arbuckle - Morrow Development Enclosures 2 bcc Jack Henthorn - Henthorn Associates Ron Rouse - Luce, Forward, Hamilton & Scripps. United States Department of the Interior FISH AND WILDLIFE SERVICE 911 NE llth Avenue Portland, Oregon 97232-4181 AUG 29 [996 James M. Jackson Real Estate Collateral Management Company c/o Bank of America Corporate Real Estate - OREO # 20005 450 B Street, Suite 620 San Diego, California 92101 Dear Mr. Jackson: Enclosed is permit PRT-818041 which authorizes incidental take of threatened and endangered species within the planning area of the City of Carlsbad/Fieldstone/La Costa Associates Habitat Conservation Plan hi Carlsbad, California. The authorization granted by this permit is subject to compliance with, and implementation of, the Habitat Conservation Plan, the Implementation Agreement (IA), and the Assumption Agreement which transfers responsibilities from Fieldstone/La Costa Associates to the Real Estate Collateral Management Company. An original signed copy of the signature page from the Assumption Agreement is enclosed. We appreciate your efforts to conserve species and the ecosystems upon which they depend. Should you have any questions concerning this permit, please call Gail Kobetich, Field Supervisor of the Carlsbad Field Office, at 619-431-9440. Sincerely, Deputy Regional Directo Enclosures - Of TVC6 INTERIOR U.S. RsI^Bb WILDLIFE SERVICE FEDERAL RSH AND WILDLIFE PERMIT 3-201 (10/86) 1. PERMITTEE REAL ESTATE COLLATERAL MANAGEMENT COMPANY 450B STREET, SUITE 620 SAN DIEGO CA 92101 2. AUTHORITY-STATUTES 16 USC 1539 (a) 16 USC 1533 (d) REGULATIONS (Attached! 50 CFR 17.22 50 CFR 17.32 3. NUMBER PRT-818041 4. RENEWABLE•ij \t.K.A.YES 6. EFFECTIVE 08/29/96 S. MAY COPY 7. EXPIRES 08/29/26 JAMES M. JACKSON 9. TYPE OF PERMIT ENDANGERED/THREATENED SPECIES 10. LOCATION WHERE AUTHORIZED ACTIVITY MAY 86 CONDUCTED ON LANDS SPECIFIED WITHIN THE BODY OF THE PERMIT. 11. CONDITIONS AND AUTHORIZATIONS: A. GENERAL CONDITIONS SET OUT W SU8PART D Of 50 CFR 13. AND SPECIRC CONDITIONS CONTAINED IN FEDERAL REGULATIONS CTFEO IN BLOCK *2 ABOVE, ARE APPLICATION SUBMITTED. CONTINUED VALIDITY. OR RENEWAL. OF THIS PERMIT IS SUBJECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE CONDITIONS, INCLUDING THE FIUNG OF ALL REQUIRED INFORMATION AND REPORTS. B. THE VALIDITY OF THIS PERMIT IS ALSO CONOtTlONED UPON STRICT OBSERVANCE OF ALL APPLICABLE FOREIGN, STATE, LOCAL OR OTHER FEDERAL LAW. C. VALID FOR USE BY PERMITTEE NAMED ABOVE. D. Further conditions of author i-zat ion are---contained in ..........._._,... the attached Special Terms and Conditions. |~1 ADDITIONAL CONOTTIONS AND AUTHORIZATIONS ON REVERSE ALSO APPLY 12. REPORTING REQUIREMENTS See permit conditions for reporting requirements REGIONAL DIRECTOR ORIGINAL U.S. FISH AND WILDLIFE SERVICE, PORTLAND, OREGON SPECIAL TERMS AND CONDITIONS FOR PERMIT PRT-818041 D. All sections of Title 50 Code of Federal Regulations, parts 13, 17.22, and 17.32 are conditions of this permit (copies attached). E. Activity .authorized by this permit may be conducted within the planning area described in the Habitat Conservation Plan/Ongoing Multi-species Plan for Properties in the Southeast Quadrant of the City of Carlsbad, California (HCP/OMSP), and addenda thereto. F. The authorization granted by this permit is subject to compliance with and implementation of the HCP/OMSP and addenda thereto, in accordance with the Implementation Agreement and Assumption Agreement executed by all parties, which are hereby incorporated into the permit. G. The permittees, and their designated agents, are authorized to incidentally take (kill, harm, harass) 63 covered species (see below) that are listed or may be listed in the future under the Federal Endangered Species Act of 1973, as amended (Act), to the extent that take of these species would otherwise be prohibited under section 9 of the Act, and its implementing regulations, or pursuant to a rule promulgated under section 4(d) of the Act. Such take must be incidental to grading or other development activities necessary for the construction, operation, and management of developments as described in the permit application, and as conditioned herein. This permit is effective upon issuance for species currently listed under the Act: coastal California gnatcatcher, least Bell's vireo, southwestern willow flycatcher, and California red- legged frog. This permit shall become effective for currently unlisted, covered species upon their listing under the Act. Covered Species: Plants 1. Encinitas baccharis (Baccharis vanessae) 2. San Diego thorn mint (Acanthomintha ilicifolid) 3. Thread-leaved brodiaea (Brodiaeafilifolid) 4. Ashy spike-moss (Selaginella cinerascens) 5. Blochman's dudleya (Dudleya blochmaniae ssp. blochmaniae) 6. California adder's tongue (Ophioglossum californicum) 7. California adolphia (Adolphia californicd) 8. Cliff spurge (Euphorbia miserd) 9. Coast white lilac (Ceanothus verrucosus) 10. Del Mar manzanita (Arctostaphylos glandulosa ssp. crassifolid) 11. Del Mar Mesa sand aster (Corethrogyne filaginifolia var. linifolid) 12. Engelmann oak (Quercus engelmannii) 13. Nuttall's scrub oak (Quercus dumosa) 14. Orcutt's brodiaea (Brodiaea orcuttii) PRT-818041, Permit Conditions, page 2 of 3 15. Orcutt's hazardia (Hazardia orcuttii) 16. Palmer's grapplinghook (Harponellapalmeri) 17. San Diego ambrosia (Ambrosiapumila) 18. San Diego Coast barrel cactus (Ferocactus viridescens) 19. San Diego County viguiera (Viguiera laciniatd) 20. San Diego goldenstar (Muilla clevelandii) 21. San Diego marsh elder (Iva hayesiand) 22. San Diego sagewort (Artemisiapalmeri) 23. Southwestern spiny rush (Juncus acutus ssp. leopoldii) 24. Sticky-leaved liveforever (Dudleya viscidd) 25. Summer holly (Comarostaphylis diversifolia ssp. diversifolid) 26. Western dichondra (Dichondra occidentalis) Invertebrates 27. Dun skipper (Euphyes vestris harbinsonf) 28. Hermes copper (Lycaena hermes) Amphibians 29. California red-legged frog (Rana aurora draytonii) 30. Western spadefoot (Scaphiopus hammondii) Reptiles 31. Coastal rosy boa (Lichanura trivirgata rosafuscd) 32. Coastal western whiptail (Cnemidophorus tigris multiscutatus) 33. Coast patch-nosed snake (Salvadora hexalepis virgultea) 34. Coronado skink (Eumeces skiltonianus interparietalis) 35. Northern red diamond rattlesnake (Crotalus ruber ruber) 36. Orange-throated whiptail (Cnemidophorus hyperyuthrus beldingi) 37. San Diego banded gecko (Coleonyx variegatus abbitti) 38. San Diego horned lizard (Phrynosoma coronatum blainvillei) 39. San Diego ringneck snake (Diadophuspunctatus similis) 40. Silvery legless lizard (Anniellapulchrapulchrd) 41. Southwestern pond turtle (Clemmys marmorata pallidd) 42. Two-striped garter snake (Thamnophis hammondii) Birds 43. Least Bell's vireo (Vireo belliipusillus) 44. Southwestern willow flycatcher (Empidonax trailli extimus) 45. Bell's sage sparrow (Amphispiza belli belli) PRT-818041, Permit Conditions, page 3 of 3 46. Burrowing owl (Speotyto cunicularid) 47. California horned lark (Eremophila alpesfris actid) 48. Coastal California gnatcatcher (Poliotila californica californicd) 49. Cooper's hawk (Accipiter cooperi) 50. Loggerhead shrike (Lanius ludovicianus) 51. Northern harrier (Circus cyaneus) 52. San Diego cactus wren (Campylorhynchus brunneicapillus couesf) 53. Southern California rufous-crowned sparrow (Aimophila ruficeps canascens) 54. Tricolored blackbird (Agelaius tricolor) 55. Yellow-breasted chat (Icteria virens) 56. Yellow warbler (Dendroicapetechia brewsteri) Mammals 57. California mastiff bat (Eumopsperotis californicus) 58. Dulzara California pocket mouse (Chaetodipus californicus femoralis) 59. Northwestern San Diego pocket mouse (Chaetodipus fallax fallax) 60. San Diego black-tailed jackrabbit (Lepus californicus bennettii) 61. San Diego desert woodrat (Neotoma lepida intermedia) 62. Southern grasshopper mouse (Onychomys torridus ramond) 63. Townsend's western big-eared bat (Plecotus townsendii townsendii) H. Upon finding dead, injured, or sick endangered or threatened wildlife species, the permittees or their designated agents must notify orally within one working day the Service's Carlsbad Field Office (2730 Loker Avenue West, Carlsbad, California, 92008, telephone 619-431-9440). Written notification to the Carlsbad Field Office and the Division of Law Enforcement (185 West F Street, Room 440, San Diego, California, 92101) must be made within five calendar days and must include the date, time, and location of the specimen and any other pertinent information. I. An annual report shall be prepared as described in the HCP/OMSP and shall be submitted by June 7 of each year that the permit is in effect. One copy of the report shall be submitted to each of the following offices: 1) Assistant Regional Director, Ecological Services, U.S. Fish and Wildlife Service, 911 Northeast 11th Avenue, Portland, Oregon 97232; 2) Field Supervisor, Carlsbad Field Office, 2730 Loker Avenue West, Carlsbad, California, 92008; and 3) Program Manager, Natural Community Conservation Planning, California Department of Fish and Game, 4949 Viewridge Avenue, San Diego, California 92123. J. A copy of this permit must be in the possession of the permittees and designated agents while conducting taking activities. Please refer to the permit number in all correspondence and reports concerning permit activities. Any questions you may have about this permit should be directed to the Field Supervisor, Carlsbad Field Office. §17.22 mlt Office, U.S. Fish and Wildlife Serv- ice, Washington, DC 20240). Requests for registration must be submitted on an official application form (Form 3- 200) provided by the Service, and must Include the following information; (i) The types of wildlife sought to be covered by the registration, identified by common and scientific name to the taxonomic level of family, genus or species;(ii) A description of the applicant's experience in maintaining and propa- gating the types of wildlife sought to be covered by the registration, or in conducting research directly related to maintaining and propagating such Udlife;|i) A description, if appropriate, of „„/means by which the applicant in- tends to educate the public about the ecological role and conservation needs of the affected species; (iv) Photograph(s) or other evidence clearly depicting the facilities where such wildlife will be maintained; and (v) A copy of the applicant's license or registration, if any, under the ani- mal welfare regulations of the U.S. De- partment of Agriculture (9 CFR part 2). (3) Upon receiving a complete appli- cation, the Director will decide wheth- er or not the registration will be ap- proved. In making his decision, the Di- rector will consider, in addition to the general criteria In §13.2(b) of this sub- chapter, whether the expertise, facili- ties or other resources available to the applicant appear adequate to enhance the propagation or survival of the af-«;ed wildlife. Bach person so reg- red must maintain accurate writ- records of activities conducted under the registration and must sub- mit to the Director a written annual report of such activities. (4) Any person subject to the jurisdic- tion of the United States seeking to ex- port or conduct foreign commerce in captive-bred endangered wildlife which will not remain under the care of that person must first obtain approval by providing written evidence to satisfy the Director that the proposed recipi- ent of the wildlife has expertise, facili- ties or other resources adequate to en- hance the propagation or survival of such wildlife and that the proposed re- cipient will use such wildlife for pur- 50 CFR Ch. I (10-1-95 Edition) poses of enhancing the propagation or survival of the affected species. (5)(i) The Director shall use the fol- lowing criteria to determine if wildlife of any species having a natural geo- graphic distribution that includes any part of the United States is eligible for the provisions of this paragraph: (A) Whether there is a low demand for taking of the species from wild pop- ulations, either because of the success of captive breeding or because of other reasons, and (B) Whether the wild populations of the species are effectively protected from unauthorized taking as a result of the inaccessibility of their habitat to man or as a result of the effectiveness of law enforcement. (ii) The Director shall follow the pro- cedures set forth in section 4(b) and section 4(f)(2)(A) of the Act and in the regulations promulgated thereunder with respect to petitions and notifica- tion of the public and governors of af- fected States when determining the eli- gibility of species for purposes of this paragraph. (ill) In accordance with the criteria in paragraph (g)(5)(i) of this section, the Director has determined the follow- ing species to be eligible for the provi- sions of this paragraph: Laysan teal (Anas laysanensis). [40 FR 44415, Sept. 26, 1975, as amended at W FR 53400, Nov. 18. 1975; 41 FR 19226, May 11, 1976; 44 FR 31580, May 31, 1979; 44 FR 54007, Sept. 17, 1979; 58 FR 68325. Deo. 27,1993] 5 17.22 Permits for scientific purposes, enhancement of propagation or sur- vival, or for Incidental taking. Upon receipt of a complete applica- tion, the Director may issue a permit authorizing any activity otherwise pro- hibited by §17.21, in accordance with the issuance criteria of this section, for scientific purposes, for enhancing the propagation or survival, or for the inci- dental taking of endangered wildlife. Such permits may authorize a single transaction, a series of transactions, or a number of activities over a specific period of time. (See §17.32 for permits for threatened species.) The Director shall publish notice in the FEDERAL REGISTER of each application for a per- mit that, Is made under this section. Each notice shall Invite the submission 148 U.S. Fish and Wildlife Serv., Interior from interested parties, within 30 days after the date of the notice, of written data, views, or arguments with respect to the application. The 30-da'y period may be waived by the Director In art emergency situation where the life or health of an endangered animal Is threatened and no reasonable alter- native is available to the applicant. Notice of any such waiver shall be pub- lished In the FEDERAL REGISTER within 10 days following issuance of the per- mit. (a)(l) Application requirements for per- mits for scientific purposes or for the en- hancement of propagation or survival. Applications for permits under- this paragraph must be submitted to the Director, U.S. Fish and Wildlife Serv- ice, Federal Wildlife Permit Office, 1000 N, Glebe Road, Room 611, Arlington, Virginia 22201, by the person wishing to engage in the activity prohibited by 117.21. Each application must be sub- mitted on an official application (Form 3-200) provided by the Service and must Include as an attachment, all of the following information: (I) The common and scientific names of the species sought to the covered by the permit, as well as the number, age, and sex of such species, and the activ- ity sought to be authorized (such as taking, exporting, selling in interstate commerce); (II) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit (A) is still In the wild, (B) has already been re- moved from the wild, or (C) was born in captivity; (ill) A resume of the applicant's at- tempts to obtain the wildlife sought to be covered by the permit in a manner which would not cause the death or re- moval from the wild of such wildlife; (Iv) If the wildlife sought to be cov- ered by the permit has already been re- moved from the wild, the country and place where such removal occurred; if the wildlife sought to be covered by the permit was born in captivity, the coun- try and place where such wildlife was born; (v) A complete description and ad- dress of the institution or other facil- ity where the wildlife sought to be cov- ered by the permit will be used, dis- played, or maintained; §17.22 (vi) If the applicant seeks to have live wildlife covered by the permit, a complete description, including photo- graphs or diagrams, of the facilities to house and/or care for the wildlife and a resume of the experience of those per- son who will be caring for .the wildlife; (vii) A full statement of the reasons why the applicant is justified in ob- taining a permit including the details of the activities sought to be author- ized by the permit; (vill) If the application is for the pur- pose of enhancement of propagation, a statement of the applicant's willing- ness' to participate in a cooperative breeding program and to maintain or contribute data to a studbook; (ix) The information collection re- quirements contained In this paragraph have been approved by the Office of Management and Budget under 44 U.S.O. 3507 and assigned Clearance Number 1018-0022. This information is being collected to provide information necessary to evaluate permit applica- tions and make decisions, according to criteria established in various Federal wildlife and plant conservation stat- utes and regulations, on the Issuance or denial of permits. The obligation to respond is required to obtain or retain a permit. (2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a)(l) of this section, the Director will decide whether or not a permit should be issued. In making this decision, the Director shall con- sider, in addition to the general cri- teria in §13.21(b) of this subchapter, the following factors: (i) Whether the purpose for which the permit is required is adequate to jus- tify removing from the wild or other- wise changing the status of the wildlife sought to be covered by the permit; (ii) The probable direct and indirect effect which issuing the permit would have on the wild populations of the wildlife sought to be covered by the permit; (ill) Whether the permit, if issued, would in any way, directly or indi- rectly, conflict with any known pro- gram intended to enhance the survival probabilities of ithe population from which the wildlife sought to be covered 149 §17.22 by the permit was or would be re- moved; (iv) Whether the purpose for which the permit is required "would be likely to reduce the threat of extinction fac- ing the species of wildlife soug-ht to becovered by the permit; (v) The opinions or views of scientists or other persons or organizations hav- ing expertise concerning the wildlife or other matters germane to the applica-tion; and (vi) Whether the expertise, facilities, or other resources available to the ap- plicant appear adequate to successfully accomplish the objectives stated In the application. Permit conditions. In addition to eral conditions set forth in part this subchapter, every permit is- sued under this paragraph shall be sub- ject to the special condition that the escape of living wildlife covered by the permit shall be immediately reported to the Service office designated in the permit. (4) Duration of permits. The duration of permits issued under this paragraph shall be designated on the face of the permit. (b)(l) Application requirements for per- mits for incidental taking. Applicationsfor permits under this paragaph must be submitted to the Director, U.S. Fish and Wildlife Service, Federal Wildlife Permit Office, 1000 N. Glebe Road,Room 611, Arlington, Virginia 22201, by the person wishing to engage in the ac-tivity prohibited by §17.21(c). Each ap- plication must be submitted on an offi- L application (Form 3-200) provided ^^ tie Service and must include as an aTfachment all of the following infor- mation: (i) A complete description of the ac- tivity sought to be authorized; (ii) The common and scientific names of the species sought to be covered by the permit, as well as the number, age, and sex of such species, if known; (ill) A conservation plan that speci- fies: (A) The impact that will likely result from such taking; (B) What steps the applicant will take to monitor, minimize, and miti- gate such impacts, the funding that will be available to implement such 50 CFRCh. I (10-1-95 Edition) steps, and the procedures to be used to deal with unforeseen circumstances; . (C) What alternative actions to suoli taking the applicant considered and the reasons why such alternatives are not proposed to be utilized; and (D) Such other measures that the Di- rector may require as being necessary or appropriate for purposes of the plan; (iv) The information collection re-quirements contained in this paragraph have been approved by the Office or Management and Budget under .44 U.S.C. 3507 and assigned Clearance Number 1018-0022. This information Is being collected to provide information necessary to evaluate permit applica- tions. This information will be used to review permit applications and make decisions, according to criteria estab- lished in various Federal wildlife and plant conservation statutes and regula- tions, on the issuance or denial of per- mits. The obligation to respond is re- quired to obtain or retain a permit. (2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (b)(l) of this section, the Director will decide whether or not a permit should be issued. The Director shall, consider the general criteria in . §13.21(b) of this subchapter and shall issue the permit if he finds that: (i) The taking will be Incidental; (li) the appli- cant will, to the maximum extent prac- ticable, minimize and mitigate the im- pacts of such taking; (ill) the applicant will ensure that adequate funding for the conservation plan and procedures to deal with unforeseen circumstances will be provided; (iv) the taking will not appreciably reduce the likelihood of the survival and recovery of the spe- cies in the wild; (v) the measures, if any, required under paragraph (b)(l)(iii)(D) of this section will be met;and (vl) he has received such other as- surances as he may require that theplan will be implemented. In making his decision, the Director shall alsoconsider the anticipated duration and geographic scope of the applicant'splanned activities, including the amount of listed species habitat that is involved and the degree to which listed species and their habitats are affected. ? (3) Permit conditions. In addition to the general conditions set forth in part. 13 of this subchapter, every permit is- 1 150 U.S. Fish and Wildlife Serv., Interior sued under this paragraph shall con- . tain such terms and conditions as theDirector deems necessary or appro- priate to carry out the purposes of the permit and the conservation plan In- cluding, but not limited to, monitoring and reporting requirements deemed necessary for determining whether such terms and conditions are being complied with. The Director shall relyupon existing reporting requirements to the maximum extent practicable. (4) Duration of permits. The duration of permits issued under this paragraph shall be sufficient to provide adequate assurances to the permittee to commit funding necessary for the activities au- thorized by the permit. Including con-servation activities and land use re- strictions. In determining the duration of a permit, the Director shall consider the duration of the planned activities, as well as the possible positive and neg- ative effects associated with permits of the proposed duration on listed species, Including the extent to which the con- servation plan will enhance the habitat of listed species and increase the long- term survivability of such species. (e) Objection to permit issuance. (1) In regard to any notice of a permit appli- cation published in the FEDERAL REG- ISTER, any interested party that ob- jects to the Issuance of a permit, In whole or In part, may, during the com-ment period specified in the notice, re- quest notification of the final action tobe taken on the application. A separate written request shall be made for eachpermit application. Such a request shall specify the Service's permit ap- plication number and state the reasons why that party believes the applicant does not meet the Issuance criteria contained in §§13.21 and 17.22 of this subohapter or other reasons why the permit should not be issued. (2) If the Service decides to issue a permit contrary to objections received pursuant to paragraph (c)(l) of this sec- tion, then the Service shall, at least ten days prior to issuance of the per- mit, .make reasonable efforts to con- tact by telephone or other expedient means, any party who has made a re- quest pursuant to paragraph (c)(l) of this section and inform that party of the issuance of the permit. However, the Service may reduce the time period §17.23 or dispense with such notice if it deter- mines that time is of the essence and that delay in Issuance of the permit would: (i) Harm the specimen or popu- lation involved; or (ii) unduly hinderthe actions authorised under the per- mit. (3) The Service will notify any party filing an objection and request for no- tice under paragraph (c)(l) of this sec- tion of the final action taken on the application, in writing. If the Service has reduced or dispensed with the no- tice period referred to in paragraph (c)(2) of this section, it will include its reasons therefore in such written no- tice. [50 FB 39687, Sept. 30, 1985] § 17.23 Economic hardship permits. Upon receipt of a complete applica- tion, the Director may issue a permit authorizing any activity otherwise pro- hibited by §17.21, in accordance with the issuance criteria of this section in order to prevent) undue economic hard- ship. The Director shall publish notice in the FEDERAL REGISTER of each appli- cation for a permit that Is made under this section. Each notice shall invite'the submission from interested parties, within 30 days after the date of the no-tice, of written data, views, or argu- ments with respect to the application. The 30-day period may be waived by the Director in an emergency situation where the life or health of an endan- gered animal is threatened and no rea- sonable alternative is available to theapplicant. Notice of any such waiver shall be published in the FEDERAL REG- ISTER within 10 days following issuance of the permit. (a) Application requirements. Applica- tions for permits under this section must be submitted to the Director by the person allegedly suffering undueeconomic hardship because his desired activity is prohibited by §17.21. Eachapplication must be submitted on an official application form (Form 3-200) provided by the Service, and must in- clude, as an attachment, all of the in- formation required in §17.22 plus the following additional information: (1) The possible legal, economic or subsistence alternatives to the activity sought to be authorized by the permit; 151 157-203 O—95 6 §17.22 mlt Office, U.S. Fish and Wildlife Serv- ice, Washington, DC 20240). Requests for registration must be submitted on an official application form (Form 3- 200) provided by the Service, and mustinclude the following information: (i) The types of wildlife sought to be covered by the registration, identifiedby common and scientific name to the taxonomic level of family, genus orspecies; (ii) A description of the applicant'sexperience in maintaining and propa- gating the types of wildlife sought to be covered by the registration, or in conducting research directly related to maintaining: and propagating: such«ife;) A description, if appropriate, of neans by which the applicant in- tends to educate the public about the ecological role and conservation needsof the affected species; (iv) Photograph(s) or other evidence clearly depicting the facilities where such wildlife will be maintained; and (v) A copy of the applicant's license or registration, if any, under the ani- mal welfare regulations of the U.S. De- partment of Agriculture (9 CFR part 2).(3) Upon receiving a complete appli- cation, the Director will decide wheth-er or not the registration will be ap- proved. In making his decision, the Di-rector will consider, in addition to the general criteria in §13.2(b) of this sub- chapter, whether the expertise, facili- ties or other resources available to the applicant appear adequate to enhancethe propagation or survival of the af- fed wildlife. Each person so reg- ped must maintain accurate writ- records of activities conductedunder the registration and must sub- mit to the Director a written annualreport of such activities. (4) Any person subject to the jurisdic- tion of the United States seeking to ex- port or conduct foreign commerce in captive-bred endangered wildlife which will not remain under the care of that person must first obtain approval by providing written evidence to satisfythe Director that the proposed recipi- ent of the wildlife has expertise, facili- ties or other resources adequate to en- hance the propagation or survival of such wildlife and that the proposed re- cipient will use such wildlife for pur- 50 CFRCh. I (10-1-95 Edition) poses of enhancing the propagation or survival of the affected species.(5)(i) The Director shall use the fol- lowing criteria to determine if wildlifeof any species having a natural geo- graphic distribution that includes anypart of the United States is eligible for the provisions of this paragraph:(A) Whether there is a low demand for taking of the species from wild pop-ulations, either because of the success of captive breeding or because of other reasons, and(B) Whether the wild populations of the species are effectively protectedfrom unauthorized taking as a result of the inaccessibility of their habitat to man or as a result of the effectiveness of law enforcement. (ii) The Director shall follow the pro-cedures set forth in section 4(b) and section 4(f)(2)(A) of the Act and in the regulations promulgated thereunder with respect to petitions and notifica- tion of the public and governors of at-footed States when determining the eli- gibility of species for purposes of this paragraph.(ill) In accordance with the criteriain paragraph (g)(5)(i) of this section, the Director has determined the follow-ing species to be eligible for the provi- sions of this paragraph: Laysan teal (Anas laysanensis). . . [40 FR 44415, Sept. 26, 1975, as amended at 40 FB 53400, Nov. 18, 1975; 41 FR 19226, May 11, 1976; 44 FR 31580, May 31. 1979; 44 FR 54007, Sept. 17, 1979; 58 FR 68325. Deo. 27,1993] § 17.22 Permits for scientific purposes, enhancement of propagation or sur-vival, or for incidental taking. Upon receipt of a complete applica- tion, the Director may issue a permit authorizing any activity otherwise pro- hibited by §17.21, in accordance with the issuance criteria of this section, for scientific purposes, for enhancing tha propagation or survival, or for the inci- dental taking of endangered wildlife. | Such permits may authorize a single transaction, a series of transactions, ora number of activities over a specific period of time. (See §17.32 for permitsfor threatened species.) The Director shall publish notice in the FEDERAL * REGISTER of each application for a per- fmit that, is made under this section. .3 Each notice shall invite the submission 148 U.S. Fish and Wildlife Serv., Interior from interested parties, within 30 days after the date of the notice, of writtendata, views, or arguments with respect to the application. The 30-day period may be waived by the Director in artemergency situation where the life or health of an endangered animal isthreatened and no reasonable alter- : native is available to the applicant.; Notice of any such waiver shall be pub- lished in the FEDERAL REGISTER within 10 days following issuance of the per-mit. (a)(l) Application requirements for per- mits for scientific purposes or for the en- hancement of propagation or survival.Applications for permits under this paragraph must be submitted to theDirector, U.S. Fish and Wildlife Serv- ice, Federal Wildlife Permit Office, 1000 N. Glebe Road, Room 611, Arlington, Virginia 22201, by the person wishing toengage in the activity prohibited by {17.21. Each application must be sub- mitted on an official application (Form J-200) provided by the Service and must Include as an attachment, all of thefollowing information: (i) The common and scientific names of the species sought to the covered by the permit, as well as the number, age, and sex of such species, and the activ-ity sought to be authorized (such as taking, exporting, selling in interstatecommerce); (ii) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit (A) is still In the wild, (B) has already been re-moved from the wild, or (C) was born incaptivity; .(Hi) A resume of the applicant's at- tempts to obtain the wildlife sought to be covered by the permit in a manner which would not cause the death or re-moval from the wild of such wildlife; (iv) If the wildlife sought to be cov-ered by the permit has already been re- moved from the wild, the country and place where such removal occurred; ifthe wildlife sought to be covered by the permit was born in captivity, the coun- try and place where such wildlife was born; (v) A complete description and ad-dress of the institution or other facil- ity where the wildlife sought to be cov- ered by the permit will be used, dis- played, or maintained; §17.22 (vi) If the applicant seeks to have live wildlife covered by the permit, a complete description, including photo- graphs or diagrams, of the facilities to house and/or care for the wildlife and a resume of the experience of those per- son who will be caring for .the wildlife; (vii) A full statement of! the reasons why the applicant is justified in ob-taining a permit including the details of the activities sought to be author- ized by the permit; (viii) If the application is for the pur- pose of enhancement of propagation, a statement of the applicant's willing- ness' to participate in a cooperative breeding program and to maintain or contribute data to a studbook; (ix) The information collection re-quirements contained in this paragraph have been approved by the Office ofManagement and Budget under 44 U.S.C. 3507 and assigned ClearanceNumber 1018-0022. This information is being collected to provide information necessary to evaluate permit applica- tions and make decisions, according to criteria established in various Federal wildlife and plant conservation stat- utes and regulations, on the Issuanceor denial of permits. The obligation to respond is required to obtain or retaina permit. (2) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a)(l) of this section, the Director will decide whether or nota permit should be issued. In making this decision, the Director shall con- sider, in addition to the general cri-teria in §13.21(b) of this subchapter, the following factors: (i) Whether the purpose for which the permit is required is adequate to jus- tify removing from the wild or other- wise changing the status of the wildlife sought to be covered by the permit; (ii) The probable direct and indirecteffect which issuing the permit would have on the wild populations of thewildlife sought to be covered by thepermit; (ill) Whether the permit, if issued, would in any way, directly or indi- rectly, conflict with any known pro- gram intended to enhance the survival probabilities of ithe population from which the wildlife sought to be covered 149 .§17.23 (2) A full statement, accompanied by copies of all relevant contracts and correspondence, showing the appli- cant's involvement with the wildlife sought to-be covered by the permit (as well as his involvement with similar wildlife), including, where applicable, that portion of applicant's income de- rived from the taking of such wildlife, or the subsistence use of such wildlife, during the calendar year immediately preceding either the notice in the FED- ERAL REGISTER of review of the status of the species or of the proposal to list such wildlife as endangered, whichever Is earliest; (3) Where applicable, proof of a ion- tract or other binding legal obligation •which: (^feils specifically with the wildlife souHrto be covered by the permit; (ii) Became binding prior to the date when the notice of a review of the sta- tus of the species or the notice of pro- posed rulemaklng proposing to list such wildlife as endangered was pub- lished in the FEDERAL REGISTER, whichever is earlier; and (ill) Will cause monetary loss of a given dollar amount if the permit sought under this section is not grant- 3d. (b) Issuance criteria. Upon receiving in application completed in accordance vtth paragraph (a) -of this section, the Director will decide whether or not a jermit should be issued under any of ;he three categories of economic hard- ship, as defined in section 10(b)(2) of ;he Act. In making his decisions, the director shall consider, in addition to .he gfiral criteria in §13.21(b) of this r, the following factors: the purpose for which the >ermit is being requested is adequate ,o justify removing from the wild or >therwise changing the status of the vildlife sought to be covered by the >ermit; (2) The probable direct and indirect ffect which issuing the permit would ;ave on the wild populations of the wildlife sought to be covered by the lermit; (3) The economic, legal, subsistence, r other alternatives or relief available o the applicant; (4) The amount of evidence that the .pplicant was in fact party to a con- 50 CFRCh. I (10-1-95 Edition) tract or other binding legal obligation which; (i) Deals specifically with the wildlife sought to be covered by the permit; and (ii) Became binding prior to the date when the notice of a review of the sta- tus of the species or the notice of pro- posed rulemaking proposing to list such wildlife as endangered was pub- lished in the FEDERAL, REGISTER, whichever is earlier. (5) The severity of economic hardship which the contract or other binding legal obligation referred to in para- graph (b)(4, of this section would cause if the permit were denied; (6) Where applicable, the portion of the applicant's income which would be lost if the permit were denied, and the relationship'of that portion to the bal- ance of his income; (7) Where applicable, the nature and extent of subsistence taking generally by the applicant; and (8) The likelihood that applicant can reasonably carry out his desired activ- ity within one year from the date a no- tice is published in the FEDERAL REG- ISTER to review status of such wildlife, or to list such wildlife as endangered, whichever is earlier. (c) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit is- sued under this section shall be subject to the following special conditions: (1) In addition to any reporting re- quirements contained in the permit it- self, the permittee shall also submit to the Director a written report of his ac- tivities pursuant to the permit. Such report must be postmarked or actually delivered no later than 10 days after completion of the activity. (2) The death or escape of all living wildlife covered by the permit shall be immediately reported to the Service's office designated in the permit. (d) Duration of permits issued under this section shall be designated on the face of the permit. No permit issued under this section, however, shall be valid for more than one year from the date a notice. IB published in the FED- ERAL REGISTER to review status of such 152 U.S. Fish and Wildlife Serv., Interior wildlife, or to list such wildlife as en- dangered, whichever is earlier. (40 FR 44415, Sept. 26, 1975, as amended at 40 FR 63400, Nov. 18, 1975; 40 FR 58307, Deo. 16, 1976; 60 FR 39688, Sept. 30. 1985) Subpart D—Threatened Wildlife 517.31 Prohibitions. (a) Except as provided in subpart A of this part, or in a permit issued under this subpart, all of the provisions in §17.21 shall apply to threatened wild- life, except §17.21(c)(5). (b) In addition to any other provi- sions of this part 17, any employee or agent of the Service, of the National Marine Fisheries Service, or of a State conservation agency which is operating a conservation program pursuant to the terms of a Cooperative Agreement with the Service in accordance with section 6(c) of the Act, who is des- ignated by his -agency for such pur- poses, may, when acting in the course of his official duties, take those threat- ened species of wildlife which are cov- ered by an approved cooperative agree- ment to carry out conservation pro- grams. (o) Whenever a special rule in §§ 17.40 to 17.48 applies to a threatened species, none of the provisions of paragraphs (a) and (b) of this section will apply. The special rule will contain all the appli- cable prohibitions and exceptions. [43 FR 18181, Apr. 28, 1978, aa amended at 44 FR 31580, May 31, 1979] (17.32 Permits—general. Upon receipt of a complete applica- tion the Director may issue a permit for any activity otherwise prohibited with regard to threatened wildlife. Such permit shall be governed by the provisions of this section unless a spe- cial rule applicable to the wildlife, ap- pearing In §§17.40 to 17.48, of this part provides otherwise. Permits issued under this section must be for one of the following purposes: Scientific pur- poses, or the enhancement of propaga- tion or survival, or economic hardship, or zoological exhibition, or educational purposes, or incidental taking, or spe- cial purposes consistent with the pur- poses of the Act. Such permits may au- thorize a single transaction, a series of §17.32 transactions, or a number of activities over a specific period of time. (a)(l) Application requirements for sci- entific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological exhibition, or edu- cational purposes, or special purposes consistent with the purposes of the Act. Applications for permits under this paragraph must be submitted to the Director, U.S. Fish and Wildlife Serv- ice, Federal Wildlife Permit Office, 1000 N. Glebe Road, Room 611, Arlington, Virginia 22201, by the person wishing to engage in the prohibited activity. Each application must be submitted on an official application (Form 3-200) pro- vided by the Service, and must include, as an attachment, as much of the fol- lowing information which relates to the purpose for which the applicant is requesting a permit: (i) The Common and scientific names of the species sought to be covered by the permit, as well as the number, age, and sex of such species, and the activ- ity sought to be authorized (such as taking, exporting, selling In interstate commerce); ' (ii) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit (A) is still in the wild, (B) has already been re- moved from the wild, or (C) was born in captivity; (ill) A resume of the applicant's at- tempts to obtain the wildlife sought to be covered by the permit in a manner which would not cause the death or re- moval from the wild of such wildlife; (iv) If the wildlife sought to be cov- ered by the permit has already been re- moved from the wild, the country and place where such removal occurred; if the wildlife sought to be covered by permit was born in captivity, the coun- try and place where such wildlife was born; (v) A complete description and ad- dress of the Institution or other facil- ity where the wildlife sought to be cov- ered by the permit will be used, dis- played, or maintained; (vi) If the applicant seeks to have live wildlife covered by the permit, a complete description, including photo- graphs or diagrams, of the facilities to house and/or care for the wildlife and a 153 resume of °«s who wvertence of «,„ •'-wasiooi iSfSSSf-^^^^^S''-^:rw^rs'" "P<S."£! "••"•""-83SB:^flffii»S&Jf«?-•»^fe««?2fifir „„ "°tt«'«e?/3 atS?258T5V^must be „ ^Jts "ader fjnP ^PP-Uca-U-S. Pish Os"bmi«ed S ^ *»nwnwh-ss€«a«^ teJii«Jlnw°n. VAL8?1.** to enk;r. 'Permit. ' "°u GO obtain or w •ff^^st-ws have on $ iasu^r the n nd Indir--^ fli» ™% res^ct b,' ^f". or ««,,-fi^,, °n the vrti/t 1. e Permic ,„, .» f-i:r'a'"—— ifeSBSSS aSrWSSSsa""1 P»^ Aspect to «Jf ' or a»a--»««»»^»rrf .. •wenfcs with v, Qata, viaur» "ieno &PSft S°iKotnf^^a and ««*^f5n?hwe11 «" the nuSrred b^^^•ssffl^fisr-'* C7^ ^- , Wai3 tjiat SDBnf. §17.23 (2) A full statement, accompanied by copies of all relevant contracts and correspondence, showing the appli- cant's involvement with the wildlife sought to-be covered by the permit (as well as his involvement with similar wildlife), including, where applicable, that portion of applicant's income de- rived from the taking 'of such wildlife, or the subsistence use of such wildlife,during the calendar year immediately preceding either the notice in the FED- ERAL REGISTER of review of the status of the species or of the proposal to list such wildlife as endangered, whicheveris earliest; (3) Where applicable, proof of a ion- tract or other binding legal obligation bjfe flpa ought t als specifically with the wildlife sought to be covered by the permit; (ii) Became binding prior to the date when the notice of a review of the sta- tus of the species or the notice of pro- posed rulemaking proposing to list such wildlife as endangered was pub- lished in the FEDERAL REGISTER, whichever is earlier; and (ill) Will cause monetary loss of a given dollar amount if the permit sought under this section is not grant- ed. (b) Issuance criteria. Upon receiving an application completed in accordance with paragraph (a) of this section, the Director will decide whether or not a permit should be issued under any of the three categories of economic hard-ship, as defined in section 10(b)(2) of the Act. In making his decisions, the Director shall consider, in addition to the^wsral criteria in §13.21(b) of this subHHter, the following factors: (l)wnether the purpose for which the permit is being requested is adequate to justify removing from the wild or otherwise changing the status of the wildlife sought to be covered by the permit; (2) The probable direct and indirect sffect which issuing the permit would have on the wild populations of the wildlife sought to be covered by the permit; (3) The economic, legal, subsistence, Dr other alternatives or relief available :o the applicant; (4) The amount of evidence that the ipplicant was in fact party to a con- 50 CFR Ch. I (10-1-95 Edition) tract or other binding legal obligation which; (i) Deals specifically with the wildlife sought to be covered by the permit;and (ii) Became binding prior to the date when the notice of a review of the sta- tus of the species or the notice of pro- posed rulemaking proposing to list such wildlife as endangered was pub- lished in the FEDERAL REGISTER, whichever is earlier. (5) The severity of economic hardship which the contract or other binding legal obligation referred to in para- graph (b)(4/ of this section would cause if the permit were denied; (6) Where applicable, the portion of the applicant's Income which would be lost if the permit were denied, and the relationship of that portion to the bal- ance of his income; (7) Where applicable, the nature and extent of subsistence taking generally by the applicant; and (8) The likelihood that applicant can reasonably carry out his desired activ- ity within one year from the date a no- tice is published in the FEDERAL REG- ISTER to review status of such wildlife, or to list such wildlife as endangered, whichever is earlier. (c) Permit conditions. In addition to the general conditions set forth in part 13 of this subchapter, every permit is- sued under this section shall be subject to the following special conditions: (1) In addition to any reporting re- quirements contained in the permit it- self, the permittee shall also submit to the Director a written report of his ac- tivities pursuant to the permit. Such report must be postmarked or actually delivered no later than 10 days after completion of the activity. (2) The death or escape of all living wildlife covered by the permit shall be immediately reported to the Service's office designated in the permit. (d) Duration of permits issued under this section shall be designated on the face of the permit. No permit issued under this section, however, shall be valid for more than one year from the date a notice is published in the FED- ERAL REGISTER to review status of such 152 U.S. Fish and Wildlife Serv., Inferior wildlife, or to list such wildlife as en- dangered, whichever is earlier. [40 FB 44415, Sept. 26, 1975. as amended at 40 FR 53400, Nov. 18, 1975; 40 FR 58307, Deo. 16, 1975; 50 FR 39688, Sept. 30, 1985] Subpart D—Threafened Wildlife 517.31 Prohibitions. (a) Except as provided in subpart A of this part, or in a permit issued under this subpart, all of the provisions in 117.21 shall apply to threatened wild- life, except §17.21(c)(5). (b) In addition to any other provi- sions of this part 17, any employee or agent of the Service, of the National Marine Fisheries Service, or of a State conservation agency which is operating a conservation program pursuant to the terms of a Cooperative Agreement with the Service in accordance with section 6(c) of the Act, who is des- ignated by his agency for such pur- poses, may, when acting in the course of his official duties, take those threat- ened species of wildlife which are cov- ered by an approved cooperative agree- ment to carry out conservation pro-grams. (c) Whenever a special rule in §§17.40 to 17.48 applies to a threatened species, none of the provisions of paragraphs (a) and (b) of this section will apply. The special rule will contain all the appli- cable prohibitions and exceptions. [43 FR 18181, Apr. 28, 1978, as amended at 44 FR 31580, May 31, 1979] 517.32 Permits—general. Upon receipt of a complete applica- tion the Director may issue a permit for any activity otherwise prohibited with regard to threatened wildlife. Such permit shall be governed by theprovisions of this section unless a spe- cial rule applicable to the wildlife, ap- pearing in 5517.40 to 17.48, of this part provides otherwise. Permits issued under this section must be for one of the following purposes: Scientific pur- poses, or the enhancement of propaga- tion or survival, or economic hardship, or zoological exhibition, or educational purposes, or incidental taking, or spe- cial purposes consistent with the pur- poses of the Act. Such permits may au- thorize a single transaction, a series of §17.32 transactions, or a number of activities over a specific period of time. (a)(l) Application requirements for sci- entific purposes, or the enhancement of propagation or survival, or economic hardship, or zoological exhibition, or edu- cational purposes, or special purposes consistent with the purposes of the Act. Applications for permits under this paragraph must be submitted to the Director, U.S. Fish and Wildlife Serv- ice, Federal Wildlife Permit Office, 1000 N. Glebe Road, Room 611, Arlington, Virginia 22201, by the person wishing to engage in the prohibited activity. Each application must be submitted on an official application (Form 3-200) pro- vided by the Service, and must include, as an attachment, as much of the fol- lowing information which relates to the purpose for which the applicant is requesting a permit: (i) The Common and scientific names of the species sought to be covered by the permit, as well as the number, age, and sex of such species, and the activ- ity sought to be authorized (such as taking, exporting, selling in interstatecommerce); ' (ii) A statement as to whether, at the time of application, the wildlife sought to be covered by the permit (A) is still in the wild, (B) has already been re- moved from the wild, or (C) was born in captivity; (ill) A resume of the applicant's at- tempts to obtain the wildlife sought tobe covered by the permit in a manner which would not cause the death or re-moval from the wild of such wildlife; (iv) If the wildlife sought to be cov- ered by the permit has already been re- moved from the wild, the country and place where such removal occurred; if the wildlife sought to be covered by permit was born in captivity, the coun- try and place where such wildlife was born; (v) A complete description and ad- dress of the institution or other facil- ity where the wildlife sought to be cov- ered by the permit will be used, dis- played, or maintained; (vi) If the applicant seeks to have live wildlife covered by the permit, a complete deacription, including photo- graphs or diagrams, of the facilities to house and/or care for the wildlife and a 153 , §12.42, \ notification denying the original peti-tion. • [45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982] § 12.42 Recovery of certain storage costs. If any wildlife, plant, or evidentiary item-is seized and forfeited under the Endangered Species Act, 16 U:S.C. 1531 et seq., any person whose act or omis- sion was the basis for the seizure may be charged a reasonable fee for ex- penses to the United States connectedwith the transfer, board, handling, or storage of such property. If any fish,wildlife or plant is seized in connection violation of the Lacey Act nts of 1981, 16 U.S.O. 3371, et person convicted thereof, or assessed a civil penalty therefor, may be assessed a reasonable fee for ex- penses of the United States connectedwith the storage, care and maintenanceof such property. Within a reasonable time after forfeiture, the Service shall send to such person by registered or certified mail, return receipt re- quested, a bill for such fee. The bill shall contain an itemized statement of the applicable costs, together with in-structions on the time and manner of payment. Payment shall be made in ac-cordance with the bill. The recipient of my assessment of costs under this sec-tion who has an objection to the rea-sonableness of the costs described in ;he bill may, within 30 days of the date>n which he received the bill, file writ-;en rffcctions with the Regional Direc- ;or fwie Pish and Wildlife Service forhe Region in which the seizure oc- :urred. Upon receipt of the written ob-eotlons, the appropriate Regional Di- ector will promptly review them and 'ithln 30 days mail his final decision o the party who filed objections. In all ases, the Regional Director's decision hall constitute final administrative ction on the matter, 7 PR 56861, Deo. 21,1982] . ' Subpart ?—Return of Property 12.51 Return procedure. If, at the conclusion of the appro-riate proceedings, seized property is a be returned to the owner or con- SOCFRCh. I (10-1-94 Edition) signee, the Solicitor or Service shall issue a letter or other document au- thorizing its return. This letter or other document shall be delivered per- sonally or sent by registered or cer- tified mail, return receipt requested,, and shall identify the. owner or con- signee, the seized property, and, if ap- propriate, the bailee of the seized prop- erty. It shall also provide that upon presentation of the letter or other doc- ument and proper identification, and the signing of a receipt provided by the Service, the seized property is author- ized to be released, provided it is prop- erly marked in accordance with appli-cable State or Federal requirements, PART 13-GENERAL PERMIT PROCEDURES Subpart A—Introduction Sec. 13.1 General. 13.2 Purpose of regulations. 13.3 Scope of regulations. 13.4 Emergency variation from require- ments. 13.5 Information collection requirements. Subpart B—Application (or Permits., 13.11 Application procedures. 13.12 General Information requirements on applications for permits. Subpart C—Permit Administration 13.22 Issuance of permits. . » 13.22 Renewal of permits. "f 13.23 Amendment of permits. *.V 13.24 Right of succession by certain persons.13.25 Permits not transferable; agents. 13.26 Discontinuance of permit activity. 13.27 Permit suspension. 13.28 Permit revocation. ' 13.29 Review procedures. Subpart D—Conditions 13.41 Humane conditions. 13.42 Permits are specific. 13.43 Alteration of permits. 13.44 Display of permit. 13.45 Filing of reports. 13.46 Maintenance of records. 13.47 Inspection requirement. 13.48 Compliance with conditions of permit. 13.49 Surrender of permit. ' 13.50 Acceptance of liability. AUTHORITY: 16'U.S.C. 668a; 16 U.S.C. 7W, 712; 16 U.S.C. 742J-1'. I6 U.S.C. 1332; 16 U.S.C. 1538(d); 16 U.S.C. 1539, 1540(0; 16 U.S.C. 3374; U.S. Fish and Wildlife Serv., interior 18 U.S.C. 42; 19 U.S.C. 1202; E.G. 11911, 41 PR 15683; 31 U.S.C. 9701., SOURCE: 39 PR 1161, Jan. 4, 1974, unless oth- erwise noted. Subpart A—Introduction } 13.1 General. Each person intending to engage in an activity for which a permit is re- quired, by .this subchapter B shall, be- fore commencing such activity, obtain a, valid permit authorizing such activ- ity. Bach person.who desires to obtain the permit privileges authorized by this subohapter must make application for such, permit in' accordance with the requirements of I this part 13 and the other regulations < in this subchapter which set forth tine additional require- ments for the specific permits desired. If the activity for which permission is sought is covered by the requirements of more than one part of this sub- chapter, the requirements of each part must be met. If the information re- quired for"each specific permitted ac- tivity is included, one application will be accepted for all permits required, and a single permit will be issued. {13.2 Purpose of regulations. The regulations contained in this part provide uniform rules, conditions,and procedures for the application for and the issuance, denial, suspension, revocation, a.nd general administrationof all permits issued pursuant to this subchapter B. (M PR 38147, Sept. 14, 1989] } 13.3 Scope of regulations. The provisions in this part are in ad- dition to, and are not in lieu of, other permit regulations of this subchapter and apply to all permits issued there- under, including "Import and Mark- ing" (part 14), "Feather Imports" (part 15), "Injurious Wildlife" (part 16), "En- dangered Wildlife and Plants" (part 17), "Marine Mammals" (part 18), "Migra- tory Birds" (part 21), "Eagles" (part 22) and "Endangered Species Convention" (part 23). As used in this part 13, the term "permit" shall refer to either a li- §13.5 cense, permit, or certiflcate'as the con- text may require. [42 FR 10465,'Feb. 22, 1977, as amended at 42 FR 32377, June 24, 197T, 45 FR 56673, Aug. 25, IMO] §13.4 Emergency variation from re- quirements. The Director may approve variations from the requirements of this part when he finds that an emergency exists and that the proposed variations will .not hinder effective administration of this subchapter B, and will not be un- lawful. §13.5 Information collection require- ments. '(a) The information collection re- quirements contained within this Part 13 have been approved by the Office of Management and Budget under 44 U.S.C.' 3507 and assigned Clearance Number 1018-0022. This information is being collected to provide information necessary to evaluate permit applicar tions. This information will be used to review permit applications and make decisions, according to criteria estab- lished in various Federal wildlife con- servation statutes and regulations, on the issuance, suspension, revocation or denial of permits. The obligation to re- spond ia required to obtain or retain a permit.(b) The public reporting burden for these reporting requirements is esti- mated to vary from 15 minutes to 4 hours per response, with an average of 0.803 hours per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forms. Comments re- garding the burden estimate or anyother aspect of these reporting require- ments should be directed to the Service Information Collection Clearance Offi- cer, MS-224 ARLSQ, Fish and Wildlife Service, Washington, DC 20240, or the Office of Management and Budget, Pa- perwork Reduction Project (1015-0022), Washington, DC 20503. [47 FR 30785, July 15. 1982, aa amended at 54 FR 38147, Sept. 14,1989] 41 §13.11 Subpart B—Application for Permits §13.11 Application procedures. The Service may not issue a permit for any activity authorized by this sub- chapter B unless the applicant has filed an application in accordance with the following procedures. Applicants do not have to submit a separate application for each permit unless otherwise re- quired by this subchapter. (a) Forms. Applications must be sub- mitted in writing on a Federal Fish and Wildlife License/Permit Applica- tion (Form 5-200) or as otherwise spe- cifically directed by the Service. (b) Forwarding instructions. Applica- tions for permits in the following' cat-«es'should be forwarded to the Issu- ffice Indicated below. (1) Migratory bird banding permits (60 CFR 21.22>—Bird Banding Labora- tory, Office of Migratory Bird Manage-ment, U.S. Fish and Wildlife Service, Laurel, Maryland 20708. (Special appli- cation forms • must be used for bird banding permits. They may be obtained by writing to the Bird Banding Labora- tory). (2) Exception to designated port (50 CFR part 14), import/export license (50 CFR 14.93), migratory bird permit, other than banding (50 CFR part 21) and Bald or Golden eagle permits (50 CFR part 22)—Assistant Regional Di- rector for Law Enforcement of District in which the applicant resides (see 50 CFR 10.22 for addresses and boundaries of the Law Enforcement Districts). J3) Feather quota (BO CFR part 15), In- ious wildlife (50 CFR part 16), endan- red and threatened species (50 CFR part 17), marine mammal (50 CFR part 18) and permits and certificates for the Convention on International Trade in Endangered Species (CITES) (50 CFR part 23)—U.S. Fish and Wildlife Serv- ice, Federal Wildlife Permit Office, P.O. Box 3654, Arlington, Virginia 22203. (c) Time notice. The Service will proc- ess all applications as quickly as pos- sible. However, it cannot guarantee final action within the time limits the applicant requests. Applicants for en- dangered species and marine mammal permits should submit applications to the Office of Management Authority which are postmarked at least 90 cal- endar days prior to the requested effec- oo tive date. Applicants for all other per- mits should submit applications to the issuing office which are postmarked at least 60 days prior to the requested ef- fective date. (d) Fees. (1) Unless otherwise exempt- ed by this paragraph, applicants for is'-" suance or renewal of permits must pay the required permit processing fee at the time of application. Applicants should pay fees by check or money order made payable to "U.S. Fish and Wildlife Service." The Service will not refund any application fee under any circumstances if the Service has proc- essed the application. However, the Service may return the application fee if the applicant withdraws the applica- tion before the Service has signifi- cantly processed it. (2) Except as provided in paragraph(d)(4) of this section the fee for process- ing any application is S25.00. If regula- tions in this subchapter require more than one type of permit for an activity, and the permits are issued by the same office, the issuing office may issue one consolidated permit authorizing theactivity. The issuing office may charge only the highest single fee for the ac- tivity permitted. (3) A fee shall not be charged to anyFederal, State or local government agency, nor to any individual or insti- tution under contract to such agency for the proposed activities. The fee may be waived or reduced for public in- stitutions (see 50 CFR 10.12). Proof of such status must accompany the appli- cation. ;ij( (4) Nonstandard fees. i •;• Type of permit Import/Export License (Section 14.93).. Marine Mammal (Section 18.31) Migratory Bird-Banding or marking (21.22). Bald or Golden Eagles (Part 22) Fee ^125 4 inspedon lees. 100 None None (e) Abandoned or incomplete applica- tions. Upon receipt of an incomplete orimproperly executed application, or If the applicant does not submit the prop- er fees, the issuing office will notify the applicant of the deficiency. If the applicant fails to supply the correct in- formation to complete the application or to pay the required fees within 45 calendar days of the date of notifica- 42 tion, the Service will consider the ap-plication abandoned. The Service will not refund any fees for an abandoned application. [47 FR 30785, July 15, 1982, as amended at 50FR 52889, Deo. 26. 1985; 54 FR 4031, Jan. 27,1989; 54 PR 38147, Sept. 14.19891 §13.12 General information require-ments on applications for penults. may subject me to suspension or revocationof this permit and to the criminal penalties of 18 U.B.C. 1001. (6) Desired effective date of permitexcept where issuance date is fixed by the part under which the permit is is- sued; (7) Date; (8) Signature of the applicant; and':-'. (9) Such other information as the D'i- rector determines relevant to the proc- essing of the application. (b) Additional information required on permit applications. As stated In para- graph (a)(3) of this section certain ad- ditional information is required on all applications. These additional require- ments may be found by referring to the section of this subchapter B cited after the type of permit for which applica- tion is being made: Type o( permit Section (a) General information required" for all applications. All applications must contain the following information:(1) Applicant's full name, mailing ad- dress, telephone number(s), and,(1) If' the applicant is an individual, the date of birth, height, weight, hair color, eye color, sex, and any business or institutional affiliation of the appli-cant related to the requested permitted activity; or i;(ii) If the applicant Is a corporation, firm, partnership, association, institu- tion, or public or private agency, thername and address of the president or importation m nondesignsted ports:principal officer and of the registered Scientific 14.31 agent for the service of process; ^±1^ rtZ""0" J«._, _ , , , f , ccofiofTrc nafosnip ,...., 14.30(2) Location where the requested per- ^^ 0, ^^^ </«,„,„,„„; mltted activity is to occur or be con- Symbol marking ;... 14.83 ducted;,- Import/export license 14.93 (3) Reference to the part(s) and Feather Import quota: Importation or entry 15.21 section(s) Of this subchapter B as listed 'nM°u» wildllle: Importation or shipment 16.22 in paragraph (b) Of this section under Endangered wildlile and planl permits: which the application is made for a ^^[^^^ permit Or permits, together With any survival, Incidental taking tor wildlilo 17.22 additional justification, including Sup- Scientific, propagation, or survival lor plants 17.62porting .documentation as required by Economic hardship for wildlife 17.23the referenced part(s) and sectlon(s); Economic hardship for plants 17.53 (4) If .the requested permitted activ- Threatened wildlile and plant permits: Ity involves the import or re-export of ^£3^.^^:;^ ™ Wildlife Or plants from or to any for-' American alligalor-buyor or tanner 17.42(a) elgn country, and the country of ori- Genera) lor plants 17.72 gin, Or the country Of export or re-ex- Marine mammals permit*port restricts the taking, possession, scientific rosoarch 18.31 transportation, exportation, or sale of ... p,ublio*splay " 18'31 wildlife or plants, documentation as in- Mfl^^£X 2122 dlcated in §14.52(c) of this subchapter Scientific collecting 21.23 B; Taxidermist 21.24 (5) Certification in the following Ian- Waterfowl sale and disposal 21.25 gTiage: ' Special avlcullurisl 21.26 Special purpose ; 21.27 I hereby certify that I have read and am fa- Falconry 21.28 mlllar with the regulations contained In Raptor propagation permit 21.30title 60, part 13, of the Codo of Federal Regru- Depredation control : 21.41 latlons and the other applicable parts In sub- Eofll(» permits:chapter B of chapter I of tltlo 50, Codo of Scientific or exhibition 22.21 Federal Regulations, and I further certify lndian 'oUs^s "«> 22.22 that the Information submitted in this appll- Depredation control 22.23cation for a permit Is complete and accurate Falconry purposes 22.24to the best of my knowledge and belief. I un- c Take o< goidon eagle nosls 22.25derstand that any false statement herein ^gered Species Convention perrmis | 23.15 43 Subpart B—Application for Permits § 13.11 Application procedures. The Service may not Issue a permit for any activity authorized by this sub- chapter B unless the applicant haa filed an application in accordance with the following: procedures. Applicants do not have to submit a separate application for each permit unless otherwise re- quired by this subchapter. (a) Form. Applications must be sub- mitted In writing on a Federal Fish and Wildlife License/Permit Applica- tion (Form 3-200) or as otherwise spe- cifically directed by the Service. (b) Forwarding instructions. Applica- tions for permits in the following cat- eEfiries'should be forwarded to the issu-Indicated below. Migratory bird banding permits (50 CFR 21.22>—Bird Banding Labora- tory, Office of Migratory Bird Manage- ment, U.S. Fish and Wildlife Service, Laurel. Maryland 20708. (Special appli- cation forms-must be used for bird banding permits. They may be obtained by writing to the Bird Banding Labora-tory). (2) Exception to designated port (50 CFR part 14), import/export license (50 GFR 14.93), migratory bird permit, other than banding (50 CFR part 21) and Bald or Golden eagle permits (50 CFR part 22}—Assistant Regional Di- rector for Law Enforcement of District in which the applicant resides (see 50 CFR 10.22 for addresses and boundaries of the Law Enforcement Districts). (3) Feather quota (60 CFR part 15), In- ious wildlife (50 CFR part 16), endan- d and threatened species (50 CFR 17), marine mammal (50 CFR part 18) and permits and certificates for the Convention on International Trade in Endangered Species (CITES) (50 CFR part 23)—U.S. Fish and Wildlife Serv- ice. Federal Wildlife Permit Office, P.O. Box 3654, Arlington, Virginia 22203. (o) Time notice. The Service will proc- ess all applications as quickly as pos- sible. However, it cannot guarantee final action within the time limits the applicant requests. Applicants for en- dangered species and marine mammal permits should submit applications to the Office of Management Authority which are postmarked at least 90 cal- endar days prior to the requested effec- tive date. Applicants for all other per- mits should submit applications to the issuing office which are postmarked at least 60 days prior to the requested ef-fective date. (d) Fees. (1) Unless otherwise exempt- ed by this paragraph, applicants for is'-" suance or renewal of permits must pay the required permit processing fee at the time of application. Applicantsshould pay fees by check or money order made payable to "U.S. Fish and Wildlife Service." The Service will not refund any application fee under any circumstances if the Service haa proc- essed the application. However, the Service may return the application fee if the applicant withdraws the applica- tion before the Service has signifi- cantly processed it. (2) Except as provided In paragraph (d)(4) of this section the fee for process- Ing any application is 525.00. If regula- tions in this subchapter require more than one type of permit for an activity, and the permits are issued by the same : office, the issuing office may issue one \ consolidated permit authorizing theactivity. The Issuing office may charge only the highest single fee for the ac- tivity permitted. (3) A fee shall not be charged to any Federal, State or local government agency, nor to any individual or insti- tution under contract to such agency for the proposed activities. The fee may be waived or reduced for public In- stitutions (see 50 CFR 10.12). Proof of such status must accompany the appli- cation. ,-,» (4) Nonstandard fees. v \ Type o( penult Import/Export License (Section 14.93) .. Marina Mamma) (Section 18.31)". Migratory Bird-Banding or marking (21.22). Bald or Golden Eagles (Part 22) Fee il25 i Inspector! fees. 100 •None None (e) Abandoned or incomplete applica- tions. Upon receipt of an Incomplete or improperly executed application, or if the applicant does not submit the prop-er fees, the Issuing office will notify the applicant of the deficiency. If the applicant fails to supply the correct In- formation to complete the application or to pay the required fees within 45 calendar days of the date of notlflca- tion, the Service will consider the ap- plication abandoned. The Service will not refund any fees for an abandoned application. [47 FR 30785, July 15, 1982, as amended at 50 PR 52889, Deo. 2C. 1985; 54 FR 4031, Jan. 21, 1989; 64 FR 38147, Sept. 14, 1989] {13.12 General Information require-ments on applications for permits. (a) General information required" for all applications. All applications must contain the following information:(1) Applicant's full name, mailing ad- dress, telephone number(s), and, (1) If' the applicant Is an Individual, the date of birth, height, weight, hair color, eye color, sex, and any business or institutional affiliation of the appli-cant related to the requested permitted activity; or i(11) If the applicant is a corporation.firm, partnership, association. Institu- tion, or public or private agency, the name and address of the president or principal officer and of the registered agent for the service of process; (2) Location where the requested per-mitted activity is to occur or bo con- ducted; .-(3) Reference to . the part(s) and sectlon(s) of this subchapter B as listed in paragraph (b) of this section under which the application 13 made for a permit or permits, together with any additional justification, including sup- porting documentation as required by the referenced part(s) and section(s); (4) If the requested permitted activ- ity Involves the import or re-export of wildlife or plants from or to any for- eign country, and the country of ori- gin, or the country of export or re-ex- port restricts the taking, possession, transportation, exportation, or sale of wildlife or plants, documentation as in- dicated in §14.52(c) of this subchapter B;(5) Certification in the following lan- guage: I hereby certify that I have road and am fa-miliar with tho regulations contained Intitle 50, part 13, of tho Code of Federal Regu-lations and the other applicable parts In sub- chapter B of chapter 1 of title 50, Code of Federal Regulations, and I further certifythat the information submitted In this appli- cation for a permit is complete and accurate to the boat of my knowledge and belief. I un-derstand that any false otatement herein may subject me to suspension or revocation of thia pormit and to the criminal penalties of 10 U.S.C. 1001. (G) Desired effective date of permit except where issuance date is fixed by the part under which the permit is Is- sued; (7) Date; (8) Signature of the applicant; and . (9) Such other information as the D'i- rector determines relevant to the proc- essing of the application. (b) Additional information required on permit applications. As stated in para- graph (a)(3) of this section certain ad- ditional information is required on all applications. These additional require- ments may be found by referring to thesection of this subchapter B cited after the type of permit for which applica- tion is being made: Type ol pormit Importation at nondosignated ports: : Scientific Deterioration prevention Economic hardship Marking ol package or container: Symbol making : Import/export license Feather import quola: Importation or entry Injurious wildlife: Importation or shipment Endangered wildlile and plant permits: Similarity of appearance , Scientific, onhancomonl ol propagation or survival. Incidental taking lor wildlife Scientific, propagation, or survival tor plants EcOTomic hardship for wildlile Economic ha/dship for plants Tlvoalonod wildlilo and planl permits: Similarity ol appearance General for wildlife American alligator-buyer or tannor Gonoral lor plants Marine mammals permits: Scientific research Public display Migratory bird permils: Banding or making Scientific collecting Taxidermist Walortowl sale and disposal Special avlcullurist Special purpose Falconry Raplor propagation pormil Dopiodalion control Eoglo permits: Scientific or exhibition Indian religious use , Depredation control Falconry purposes Take ol goldon ooglo nosis Endangered Species Convention permits Section 14.31 14.32 14.33 14.83 14.93 16.21 18.22 17.52 17.22 17.62 17.23 17.63 17.52 17.32 17.42(a) 17.72 16,31 18.31 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.30 21.41 22.21 22.22 22.23 22.24 22.25 23.15 43 §12.42, \ notification denying the original peti- tion. • [45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Deo. 21, 1982] § 12.42 Recovery of certain storage costs. if any wildlife, plant, or evidentiary Item'Is seized and forfeited under the Endangered Species Act, 16 U.S.C. 1631 et seg., any person whose act or omis- sion was the basis for the seizure may be charged a reasonable fee for ex- penses to the United States connected ,vith the transfer, board, handling, or storage of such property. If any fish, wildlife or plant IB seized in connection with a violation of the Lacey Act nts of 1981, 16 U.S.G. 3371, et person convicted thereof, or issessed a civil penalty therefor, may IG assessed a reasonable fee for ex- >enses of the United States connected vlth the storage, care and maintenance if such property. Within a reasonable •ime after forfeiture, the Service shall end to such person by registered or ertlfied mail, return receipt re- uested, a bill for such fee. The bill hall contain an Itemized statement of he applicable costs, together with in-tructlons on the time and manner of ayment. Payment shall be made in ac- ordance with the bill. The recipient of ny assessment of costs under this sec- '.on who has an objection to the rea- jnableness of the costs described in le bill may, within 30 days of the date Q which he received the bill, file writ- m oM^tions with the Regional Dlrec- >r 4^Pe Flsn and Wildlife Service forle Keglon In which the seizure oc- irred. Upon receipt of the written ob- otions, the appropriate Regional Dl- iCtor will promptly review them and Ithin 30 days mail his final decision • the party who filed objections. In all .ses, the Regional Director's decision .all constitute final administrative :tion on the matter. 'FR 66861. Deo. 21,1982] Subpart F—Return of Property .2.51 Return procedure. If, at the conclusion of the appro- late proceedings, seized property Is ' be returned to the owner or con- SOCFRCh. I (10-1-94 Edition) slgnee, the Solicitor or Service shall Issue a letter or other document au- thorizing Its return. This letter or other document shall be delivered per- sonally or sent by registered or cer- tified mail, return receipt requested,, and shall identify the. owner or con- signee, the seized property, and. if ap- propriate, the bailee of the seized prop- erty. It shall also provide that upon presentation of the letter or other doc- ument and proper identification, and the signing of a receipt provided by the Service, the seized property is author- ized to be released, provided it Is prop- erly marked in accordance with appli- cable State or Federal requirements. PART 13-GENERAL PERMIT PROCEDURES Subpart A—Introduction Sec. 13.1 General. 13.2 Purpose of regulations. 13.3 Scope of regulations. '13.4 Emergency variation from require-ments. 13.5 Information collection requirements. Subpart B—Application for Permit* ., 13.11 Application procedures. 13.12 General Information requirements on applications for permits. Subpart C—Permit Administration 13.21 Issuance of permits. .* 13.22 Renewal of permits. "•? 13.23 Amendment of permits. 'V 13.24 Right of succession by certain persons. 13.25 Permits not transferable; agents.13.26 Discontinuance of permit activity.13.27 Permit suspension.13.28 Permit revocation. 13.29 Review procedures. Subpart D—Conditions 13.41 Humane conditions. 13.42 Permits are specific. 13.43 Alteration of permits. 13.44 Display of permit. 13.45 Filing of reports, 13.46 Maintenance of records. 13.47 Inspection requirement. 13.48 Compliance with conditions of permit. 13.49 Surrender of permit.13.50 Acceptance of liability. AUTHORITY: 16'U.S.C. 668a; 16 U.S.C. 704, 712; 16 U.S.C. 742J-1; 16 U.S.C. 1382; 16 U.S.C. 1538(d); 16 U.S.C. 1539, 1540(0; 16 U.S.C. 3374; 40 U.S. Fish and Wildlife Sen/., Interior 18 U.S.C. 42; 19 US.C. 1202; E.O. 11911, 41 FR, 16663; 31 U.S.C. 9701.. SOURCE; 39 FR 1161. Jan. 4, 1974, unless oth- erwise noted, Subpart A—Introduction }13.1 General. Each person intending to engage In an activity for which a.permit is re- -,quired. by this subchapter B shall, be- fore commencing such activity, obtain a valid permit authorizing such activ- ity. Bach person.who desires to obtain the permit privileges authorized by this subchapter must make application for such permit in' accordance with the requirements of ithis part 13 and the other regulations > in this subchapter which set forth tine additional require- ments for the specific permits desired. If the activity for which permission Is sought is covered by the requirements of more than one part of this sub- chapter, the requirements of each part must be met. If the Information re- quired for'each specific permitted ac- tivity is included, one application will be accepted for all permits required, and a single permit will bo Issued. §13.2 Purpose of regulations. The regulations contained in this part provide uniform rules, conditions, and procedures for the application for and the Issuance, denial, suspension, revocation, a-nd general administration of all permits issued pursuant to this subchapter B. [M PR 38147, Sept. 14, 1939] J13.3 Scope of regulations. The provisions in this part are in ad- dition to, and are not in lieu of, other permit regulations of this subchapter and apply to all permits issued there- under, including "Import and Mark- Ing" (part 14), "Feather Imports" (part 15), "Injurious Wildlife" (part 16), "En- dangered Wildlife and Plants" (part 17), "Marine Mammals" (part 18), "Migra- tory Birds" (part 21), "Eagles" (part 22) and "Endangered Species Convention" (part 23). As used in this part 13, the term "permit" shall refer to either a 11- §13.5 cense, permit, or certificate'as the con- text may require. [42 PR 10-165,'Fob. 22, 1977, as amended at « FR 32377, Juno 24, 1977; 45 FR. 56673, Aug. 25, 1000] §13.4 Emergency variation from re- quirements. The Director may approve variations from the requirements of this part when he finds that an emergency exists and that the proposed variations will .not hinder effective administration of this subchapter B, and will not be un- lawful. § 13.5 Information collection require- ments. (a) The information collection re- quirements contained within this Part 13 have been approved by the Office of Management and Budget under 44 U.S.C. 3507 and assigned Clearance Number 1018-0022. This Information is being collected to provide information necessary to evaluate permit applica7tlons. This information will be used to review permit applications and make decisions, according to criteria estab- lished in various Federal wildlife con- servation statutes and regulations, on the issuance, suspension, revocation or denial of permits. The obligation to re- spond IB required to obtain or retain a permit.(b) The public reporting burden for these reporting requirements is esti- mated to vary from 15 minutes to 4 hours per response, with an average of 0.803 hours per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forms. Comments re- garding the burden estimate or any other aspect of these reporting require- ments should be directed to the Service Information Collection Clearance Offi- cer, MS-224 A.RLSQ, Fish and Wildlife Service, Washington, DC 20240, or the Office of Management and Budget, Pa- perwork Reduction Project (1018-0022), Washington, DC 20503 [47 FR 30785, July 15, 1982, as amended at 54 FR3B147, Sept. 14, 1989] 41 i FR 1161, Jan. 4, 1974, as amended at 42 PR 165, Feb. 22, 1977; 42 FR 32377, June 24, 1977; FR 54006, Sept. 17, 1979; 44 FR 69083, Oct. 1979; 45 FR 56673, Aug. 25,1980; 45 FR 78154, >v. 25, 1980; 48 FR 42680, Aug. 24, 1981; 48 FR 507, July 8, 1983; 48 FR 57300. Deo. 29, 1983; PR 39687, Sept. 30, 1985; 50 FR 45408, Oct. , 1985; 54 FR 38147, Sept. 14, 1989] ubpart C—Permit Administration .8.21 Issuance-of permits. (a) No permit may be issued prior to .0 receipt of a written application lerefor, unless a written variation om the requirements, as authorized ' §13.4, is inserted into the official file ' the Bureau. An oral or written rep- sentation of an employee or agent of 16 U^^d States Government, or an >tioHJsuch employee or agent, shall n be construed as a permit unless it eets the requirements of a permit as iflned in 50 CPR 10.12. (b) Upon receipt of a properly exe- ited application for a permit, the Di- ctor shall Issue the appropriate per- it unless: (1) The applicant has been assessed a vil penalty or convicted of any crlmi- s.1 provision of any statute or regula- on relating to the activity for which le application is filed, if such assess- .ent or conviction evidences a lack of isponsibility. ' • (2) The applicant has failed to dis- ose material information required, or is made false statements as to any .aterial fact, in connection with his pplication; (3) The applicant has failed to dem- a valid Justification for the a showing of responsibility; (4) The authorization requested po- mtially threatens a wildlife or plant jpulation, or (5) The .Director finds • through fur- jer inquiry or investigation, or ether- ise, that the applicant is not quail-- ed. (c) Disqualifying factors. Any one of le following will disqualify a person •om receiving permits issued under iis Part. (1) A conviction, or entry of a plea of ollty or. nolo contendere, for a felony lolation of the Lacey Act, the Migra- 3ry Bird Treaty Act, or the Bald and olden Eagle Protection Act disquali- es any such person from receiving or exercising the privileges of a permit, unless such disqualification has been expressly waived by the Director in re- sponse to a written petition. (2) The revocation of a permit for reasons found in §13.28 (a)(l) or (a)(2) disqualifies any such person from re- ceiving or exercising the privileges of a similar permit for a period of five years from the date of the final agency deci- sion on such revocation. (3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to judgement disqualifies such person from receiving or exercising the privileges of a permit as long as such moneys are owed to the United States. This requirement shall not apply to any civil penalty pres- ently subject to administrative or judi- cial appeal; provided that the pendency of a collection action brought by the United States or Its assignees shall not constitute an appeal within the m,ean- Ing of this subsection. (4) The failure to submit timely, ac- curate, or valid reports as required may disqualify such person from re- ceiving or exercising the privileges of a permit as long as the deficiency exists. (d) Use of supplemental information. The issuing officer, In making a deter- mination under this subsection, may use any information available thatis relevant to the Issue. This may include any prior conviction, or entry of a plea of guilty or nolo contendere, or assess- ment of civil or criminal penalty for a violation of any Federal or State law or regulation governing the permitted activity. It may also Include any prior permit revocations or suspensions, or any reports of State or local officials. The issuing officer shall consider all relevant facts or information available, and may make independent inquiry or investigation to verify information or. substantiate, qualifications-.asserted by the applicant. (e) Conditions of issuance and accept- ance. (1). Any permit automatically in- corporates within its terms the condi- tions and requirements of Subpart D of this part and of any part(s) or sectlon(s) specifically authorizing or governing the activity for which the permit is issued. (2) Any 'person accepting and holding a permit under this Subchapter B ac- 44 U.S. Hsn ana wnaiuo iusv., knowledges the necessity for close reg- ulation and monitoring of the per- mitted activity by the Government. By accepting such permit, the permittee consents to and shall allow entry by • agents or employees of the Service upon premises where the permitted ac- tivity is conducted at any reasonable hour. Service agents or employees may enter such premises to inspect the lo- cation; any books, records, pr permits required to be kept by this Subchapter B; and any wildlife or plants kept under authority of the permit. (0 Term of permit. Unless otherwise modified, a permit is valid during the period specified on the face of the per- mit. Such period shall Include the ef- fective date and th,e date of expiration, (g) Denial. The issuing officer may deny a permit to. any applicant who fails to meet the Issuance criteria set forth in this sectlojKpr In the part(s) or section(s) specifically governing the activity for which the permit is re- quested. (39 FR 1161, Jan. 4. 1974, as amended at 42 FR 32377, June 24, 1977; 47 FR 30785, July 15, 1982; M FR 38148, Sept. 14. 1989) J 13.22 Renewal of permits. (a) Application for renewal. Applicants for renewal of a permit must submit a written application at least 30 days prior to the expiration date of the per- mit. Applicants must certify in the form required by §13.12(a)(5) that all statements and information in the original application remain current and correct, unless previously changed or corrected. If such information is no longer current or correct, the applicant must provide corrected information. (b) Renewal criteria. The Service shall Issue a renewal of a permit if the appli- cant meets the criteria for issuance in §13.21(b) and Is not disqualified under §13.21(c).(c) Continuation of permitted activity. Any person holding a valid, renewable permit, who has complied with this section, may continue the activities authorized by the expired permit until the Service has acted on such person's application for renewal. (d) Denial. The issuing officer may deny renewal of a permit to any appli- cant who fails to meet the Issuance cri- teria set forth in §13.21 of this part, or In the part(s) or section(s) specifically governing the activity for which the renewal is requested. [54 FR 38148, Sept. 14, 1989] § 13.23 Amendment of permits. (a) Permittee's request. Where cir- cumstances have changed so that a per- mittee desires to have any condition of his permit modified, such permittee must submit a full written justifica- tion and supporting information in conformity with this part and the part under which the permit was issued. (b) Service reservation. The Service re- serves the right to amend any permit for just cause at any time during its term, upon written finding of neces- sity. (c) Change of name or address. A per- mittee is not required to obtain a new permit if there is a change in the legal Individual or business name, or In the mailing address of the permittee. A permittee is required to notify the is- suing office within 10 calendar days of such change. This provision does not authorize any change in location of the conduct of the permitted activity when approval of the location is a qualifying condition of the permit. [54 FR 38148, Sept. 14, 1989] §13.24 Right of succession by certain persons. (a) Certain persons, other than the permittee are granted the right to carry on a permitted activity for the remainder of the term of a current per- mit provided they comply with the pro- visions of paragraph (b) of this section. Such persons are the following; (1) The surviving spouse, child, ex- ecutor, administrator, or other legal representative of a deceased permittee; and (2) A receiver or trustee in bank- ruptcy or a court designated assignee for the benefit of creditors. (b) In order to secure the right pro- vided in this section the person or per- sons desiring to continue the activity shall furnish the permit to the issuing officer for endorsement within 90 days from the date the successor begins to carry on the activity. [54 FR 38149, Sept. 14, 1989] 45 $13.25 i 13.25 Permits not transferable;agents. (a) Permits issued under this part are lot transferable or assignable. Some permits authorize certain activities in connection with a business or commer- cial enterprise and in the event of any lease, sale, or transfer of such business sntity, the successor must obtain a permit prior to continuing- the per- mitted activity. However, certain lim- ited rights of succession are provided In §13.24, (b) Except as otherwise stated on the face of the permit, any person who is under the direct control of the permit- tee^^ who is employed by or under comHct to the permittee for purposes authorized by the .permit, may carry out the activity authorized by the per- mit, as an agent for the permittee. [64 PR 38149, Sept. 14, 1989] 113.26 Discontinuance of permit activ-ity. When a permittee, or any successor to a permittee as provided for by §13.24, discontinues activities authorized by a permit, the permittee shall within 30 calendar days of the discontinuance re- turn the permit to the issuing office to- gether with a written statement sur- rendering the permit for cancellation. The permit shall be deemed void and cancelled upon its receipt by the Issu- ing office. No refund of any -fees paid for issuance of the permit or for any othj^fees or costs associated with a pe^Bted activity shall be made when a permit is surrendered for cancella- tion for any reason prior to the expira- tion date stated on the face of the per- mit. [54 FR 38149, Sept. 14, 1989] § 13.27 Permit suspension. (a) Criteria for suspension. The privi- leges of exercising some or all of the •permit authority may be suspended at any time if the permittee is not in compliance with the conditions of the permit, or with any applicable laws or regulations governing the conduct of the permitted activity. The issuing of- ficer may also suspend all or part of the privileges authorized by a permit if the permittee falls to pay any fees, penalties or costs owed to the Govern- SOCFRCh. I (10-1-94 Edition) ment. Such suspension shall remain In effect until the Issuing officer deter- mines that the permittee has corrected the deficiencies. (b) Procedure for suspension. (1) When the Issuing officer believes there are valid grounds for suspending a permit the permittee shall be notified in writ- ing of the proposed suspension by cer- tified or registered mail. This notice shall identify the permit to be sus- pended, the reason(s) for such suspen- sion, the 'actions necessary to correct, the deficiencies, and inform the per- mittee of the right to object to the pro- posed suspension. The. issuing officer may amend any notice of suspension atany time. (2) Upon receipt of a notice of pro- posed suspension the permittee •may- file a written objection to the proposed action. Such objection must be in writ- ing, must be-filed within 45 calendar days of the date of the notice of'pro- posal, must state the reasons why the permittee-objects to the proposed sus- pension, and may include supporting documentation. (3) A decision on the suspension shall be made within 45 days after the end of the objection period. The Issuing offi- cer shall notify the permittee in writ- ing of the Service's decision and the reasons therefore. The issuing officer shall also provide the applicant with the information concerning the right to request reconsideration of the deci- sion'under §13.29 of this part* and the procedures for requesting re'consider- ation. \\ [64 FR 38149, Sept. 14, 1989] § 13.28 Permit revocation. (a) Criteria for revocation. A permit may be revoked for any of the fallow- ing reasons: (1) The permittee willfully violates any Federal or State statute or regula- tion, or any Indian.tribal law or regu- lation, or any law or regulation of any foreign country, which involves a vio- lation of the-conditions of .the permit or of the laws or regulations governing the permitted activity; or (2) The permittee fails within 60 days to correct deficiencies that were the cause of a permit suspension; or (3) The permittee becomes disquali- fied under § 13.21(0) of this part; or U.S. Fish and Wildlife Serv., Interior (4) A change occurs in the statute or regulation authorizing the permit that prohibits the continuation of a permit issued by the Service; or (5) The populatlon(s) of the wildlife •or plant that is subject of the permit declines to the extent that continu- ation of the permitted activity would be detrimental to maintenance or re- covery of the affected population. (b) Procedure for revocation, (1) When the issuing officer believes there are valid grounds for revoking a permit, the permittee shall be notified in writ- ing of the proposed revocation by cer- tified or registered mail. This notice shall identify the permit to be revoked, the reason(s) for such revocation, the proposed disposition of the wildlife, if any, and inform tjhe permittee of the right to object to;the proposed revoca- tion. The issuingifofflcer may amend any notice of revocation at any time. (2) Upon receipt of a notice of pro- posed revocation the permittee may file a written objection to the proposed action. Such objection must be in writ- Ing, roust be filed within 45 calendar days of the""date of the notice of pro- posal, must state the reasons why the permittee objects to the proposed rev- ocation, and may include supporting documentation. (3) A decision on the revocation shall be made within 45 days after the end of the objection period. The issuing offi- cer shall notify the permittee in writ- ing of the Service's decision and the reasons therefore, together with the In- formation concerning the right to re- quest and the procedures for requesting reconsideration. (4) Unless a permittee files a timely request for reconsideration, any wild- life held under authority of a permit that is revoked must be disposed of In accordance with instructions of the is- suing officer. If a permittee • files a timely request for reconsideration of a proposed revocation, such permittee may retain possession of any wildlife held under authority of the permit until final disposition of the appeal process. [M FR 38149, Sept. 14, 1909] 513.29 Review procedures. (a) Request for, reconsideration. Any person may request reconsideration of §13.29 an action under this part if that person is one of the following: (1) An applicant for a permit who has received written notice of denial; (2) An applicant for renewal who has received written notice that a renewal Is denied; (3) A permittee who has a permit amended, suspended, or revoked, ex- cept for those actions which are re- quired by changes In statutes or regu- lations, or are emergency changes of limited applicability for which an expi- ration date is set within 90 days of the permit change; or (4) A permittee who has a permit is- sued or renewed but has not been granted authority by the permit to per- form all activities requested in the ap- plication, except when the activity re- quested is one for which there is no lawful authority to issue a permit. (b) Method of requesting reconsider- ation. Any person requesting reconsid- eration of an action under this part must comply with the following cri- teria: (1) Any request for reconsideration must be in writing, signed by the per- son requesting reconsideration or by the legal representative of that person, and must be submitted to the Issuing officer. (2) The request for reconsideration must be received by the issuing officer within 45 calendar days of the date of notification of the decision for which reconsideration is being requested. (3) The request for reconsideration shall state the decision for which re- consideration is being requested and shall state the reason(s) for the recon- sideration, including presenting any new information or facts pertinent to the issue(s) raised by the request for reconsideration. (4) The request for reconsideration shall contain a certification in sub- stantially the same form as that pro- vided by §13.12(a)(5). If a request for re- consideration does not contain such certification, but is otherwise timely and appropriate, it shall be held and the person submitting the request shall be given written notice of the need to submit the certification within 15 cal- endar days. Failure to submit certifi- cation shall result in the request being ' 47 513.25 i 13.25 Permitsagents.not transferable; (a) Permits issued under this part are iot transferable or assignable. Some iormits authorize certain activities In connection with a business or commer- cial enterprise and In the event of any .ease, sale, or transfer of such businessentity, the successor must obtain a ?ermit prior to continuing: the per-mitted activity. However, certain lim- ited rights of succession are provided (n § 13.24, (b) Except as otherwise stated on the face of the permit, any person who is under the direct control of the permit- tee,^: who Is employed by or under cod^Bt to the permittee for purposes aut^fflzed by the permit, may carry out the activity authorized by the per- mit, as an agent for the permittee. (54 FR 38149, Sept. 14, 1989] § 13.26 Discontinuance of permit nctlv-ity. When a permittee, or any successor to a permittee as provided for by §13.24, discontinues activities authorized by a permit, the permittee shall within 30 calendar days of the discontinuance re- turn the permit to the Issuing office to- gether with a written statement sur- rendering the permit for cancellation.The permit shall be deemed void and cancelled upon its receipt by the issu- ing office. No refund of any fees paid for Issuance of the permit or for any other fees or costs associated with a pewfcted activity shaj] be made when a PRiit is surrendered for cancella- tion for any reason prior to the expira- tion date stated on the face of the per-mit. [54 PR 38149, Sept. 14. 1989] § 13.27 Permit suspension. (a) Criteria for suspension. The privi- leges of exercising some or all of the •permit authority may be suspended at any time if the permittee is not In compliance with the conditions of the permit, or with any applicable laws or regulations governing the conduct of the permitted activity. The Issuing of- ficer may also suspend all or part of the privileges authorized by a permit if the permittee .fails to pay any fees, penalties or costs owed to the Govern- 50 CFRCh. I (10-1-94 Edition) ment. Such suspension shall remain In effect until the issuing officer deter- mines that the permittee has corrected the deficiencies. (b) Procedure for suspension. (1) When the issuing officer believes there are valid grounds for suspending a permit the permittee shall be notified In writ-Ing of the proposed.suspension by cer- tified or registered mail. This notice shall identify the permit to be sus-pended, the reason(s) for such suspen- sion, the actions necessary to correct, the deficiencies, and inform the per- mittee of the right to object to the pro- posed suspension. The Issuing officer may amend any notice of suspension atany time. (2) Upon receipt of a notice of pro- posed suspension the permittee may file a written objection to the proposedaction. Such objection must be in writ- ing, must be-filed within 45 calendar days of the date of the notice of pro- posal, must state the reasons why the permittee objects to the proposed sus- pension, and may Include supporting documentation. (3) A decision on the suspension shall be made within 45 days after the end of the objection period. The issuing offi- cer shall notify the permittee In w'rit- ing of the Service's decision and the reasons therefore. The issuing officer shall also provide the applicant with the information concerning the right to request reconsideration of the deci- sion' under § 13.29 of this part and the procedures for requesting reconsider-ation. • ] (54 FR 38149, Sept, 14, 1989] I §13.28 Permit revocation. (a) Criteria for revocation. A permit may be revoked for any of the follow- ing reasons: (1) The permittee willfully violates any Federal or State statute or regula- tion, or any Indian tribal law or regu- lation, or any law or regulation of any foreign country, which involves a vio- lation of the'conditions of the permit or of the laws or regulations governing the permitted activity; or (2) The permittee fails within 60 daya to correct deficiencies that were the cause of a permit suspension; or (3) The permittee becomes disquali- fied under § 13.21(c) of this part; or U.S. Fish and Wildlife Serv., Interior (4) A change occurs in the statute or regulation authorizing the permit that prohibits the continuation of a permit Issued by the Service; or(5) The population(s) of the wildlife •or plant that is subject of the permit declines to the extent that continu- ation of the permitted activity would be detrimental to maintenance or re-covery of the affected population. (b) Procedure for revocation^ (1) When the Issuing officer believes there arevalid grounds for revoking a permit, the permittee shall be notified In writ- Ing of the proposed revocation by cer- tified or registered mail. This notice shall identify the permit to be revoked, the reason(s) for such revocation, the proposed disposition of the wildlife, If any, and inform tjhe permittee of the right to object to;the proposed revoca- tion. The issuingirofflcer may amend any notice of revocation at any time. (2) Upon receipt of a notice of pro- posed revocation the permittee may file a written objection to the proposed action. Such objection must bo in writ- : Ing, must be filed within 45 calendar days of the"*date of the notice of pro- posal, must state the reasons why the permittee objects to the proposed rev- ocation, and may include supporting documentation. (3) A decision on the revocation shall be made within 45 days after the end of the objection period. The Jasuing' offi- cer shall notify the permittee in writ- ing of the Service's decision and the reasons therefore, together with the in- formation concerning the right to re- quest and the procedures for requesting reconsideration.(4) Unless a permittee files a timely • request for reconsideration, any wild- life held under authority of a permit that Is revoked must be disposed of in accordance with instructions of the Is- suing officer. If a permittee • files a timely request for reconsideration of a proposed revocation, such permittee • may retain possession of any wildlife held under authority of the permit until final disposition of the appeal process. (54 FR 38149, Sept. 14, 1909) {13.28 Review procedures. (a) Request for reconsideration. Any person may request reconsideration of §13.29 an action under this part if that person is one of the following: (1) An applicant for a permit who has received written notice of denial; (2) An applicant for renewal who has received written notice that a renewal is denied; (3) A permittee who has a permit amended, suspended, or revoked, ex- cept for those actions which are re- quired by changes In statutes or regu- lations, or are emergency changes of limited applicability for which an expi- ration date Is set within 90 days of the permit change; or (4) A permittee who has a permit is- sued or renewed but has not been granted authority by the permit to per- form all activities requested in the ap- plication, except when the activity re- quested is one for which there is no lawful authority to issue a permit. (b) Method of requesting reconsider- ation. Any person requesting reconsid- eration of an action under this part must comply with the following cri- teria: (1) Any request for reconsideration must be in writing, signed by the per- son requesting reconsideration or by the legal representative of that person, and must be submitted to the issuing officer. (2) The request for reconsideration must bo received by the issuing officer within 45 calendar days of the date of notification of the decision for whichreconsideration is being requested. (3) The request for reconsideration shall state the decision for which re- consideration Is being requested and shall state the reason(s) for the recon- sideration, including presenting any new information or facts pertinent to the issue(s) raised by the request for reconsideration. (4) The request for reconsideration shall contain a certification in sub- stantially the same form as that pro- vided by §13.12(a)(5). If a request for re- consideration does not contain such certification, but is otherwise timely and appropriate, it shall be held and the person submitting the request shall be given written notice of the need to submit the certification within 15 cal- endar days. Failure to submit certifi- cation shall result in the request being ' 47 PR 1161, Jan. 4, 1974, as amended at 42 PR 5, Feb. 22, 1977; 42 PR 32377, June 24, 1977; '-R 54006, Sept. 17, 1979; 44 PR 69083, Oct. .979; 45 PR 66673, Auff. 25, 1980; 45 PR 78154. •. 25. 1980; 48 PR 42680, Aug. 24, 1981; 48 PR 1. July 8, 1983; 48 PR 67300. Deo. 29, 1983; m 39687, Sept. 30. 1985; 60 PR 45408. Oct. 1985; 64 PR 38147, Sept. 14. 1989] ibpart C—Permit Administration 1.21 Issuance- of permits. i) No permit may be Issued prior to i receipt of a written application irefor, unless a written variation m the requirements, as authorized §13.4, is inserted into the official file the Bureau. An oral or written rep- entation of an employee or agent of ) United States Government, or an ;lon|^BUch employee or agent, shall ; be^^istrued as a permit unless itets the requirements of a permit as inod in 60 CFR 10.12. b) Upon receipt of a properly exe- ;ed application for a permit, the Di- itor shall issue the appropriate per- t unless: 1) The applicant has been assessed a •11 penalty or convicted of any crimi- l provision of any statute or regula- n relating to the activity for whichs application is filed, if such assess- >nt or conviction evidences a. lack of iponsibility. 2) The applicant has failed to dis- ise material information required, or s made false statements as to any iterial fact, in-connection with his plication; 3) The applicant has failed to dem- strate a valid justification for the rmjffeid a showing- of responsibility; .'4) ^B! authorization requested po- ntially threatens a wildlife or plant pulation, or ;6) The . Director finds • through fur- er inquiry or investigation, or other- se, that the applicant is not quali- id. [c) Disqualifying factors. Any one of e following will disqualify a person 3m receiving permits issued under is Part. (1) A conviction, or entry of a plea of dlty or nolo contendere, for a felony olatlon of the Lacey Act, the Mlgra- ry Bird Treaty Act, or the Bald and jlden Eagle Protection Act dlsquali- 38 any such person from receiving or exercising the privileges of a permit, unless such disqualification has been expressly waived by the Director in re- sponse to a written petition. (2) The revocation 'of a permit for reasons found in §13.28 (a)(l) or (a)(2) disqualifies any such person from re- ceiving or exercising the privileges of a similar permit for a period of five years from the date of the final agency deci- sion on such revocation. (3) The failure to pay any required fees or assessed costs and penalties, whether or not reduced to judgement disqualifies such person from receiving or exercising the privileges of a permit as long as such moneys are-owed to the United States. This requirement shall not apply to any civil penalty pres- ently subject to administrative or judi- cial appeal; provided that the pendency of a collection action brought by the United States or its assignees shall not constitute an appeal within the n\ean- ing of this subsection. (4) The failure to submit timely, ac- curate, or valid reports as required may disqualify such person from re- ceiving- or exercising the privileges of a permit as long as the deficiency exists. (d) Use of supplemental information. The issuing officer, in making a deter- mination under this subsection, may use any information available that^ls relevant to the issue. This may Include any prior conviction, or entry of a plea of guilty or nolo contendere, or assess- ment of civil or criminal penalty for a violation of any Federal or State law or regulation governing the permitted activity. It may also Include ,any prior permit revocations or suspensions, or any reports of State or local officials. The Issuing officer shall consider all relevant facts or information available, and may make independent inquiry or investigation to verify Information or- substantiate qualifications.asserted by the applicant. (e) Conditions of issuance and accept- ance. (l).Any permit automatically In- corporates within its terms the condi- tions and requirements of Subpart D of this part and of any part(s) or section(s) specifically authorizing or governing the activity for which the permit is Issued. (2) Any -person accepting and holding a permit under this Subchapter B ac- knowledges the necessity for close reg- ulation and monitoring of the per- mitted activity by the Government. By accepting such permit, the permittee consents to and shall allow entry by1 agents or employees of the Service upon premises where the permitted ac- tivity Is conducted at any reasonable hour. Service agents or employees may enter such premises to inspect the lo- cation; any books, records, pr permits required to be kept by this Subchapter B; and any wildlife or plants kept under authority of the permit. (0 Term of permit. Unless otherwise modified, a permit is valid during the period specified on the face of the per- mit. Such period shall Include the ef- fective date and th,e date of expiration. (g) Denial. The Issuing officer may deny a permit to ^ any applicant who falls to meet the Issuance criteria set forth in this sectiojfror in tho part(s) or section(s) specifically governing the activity for which the permit is re- quested. (39 PR 1161, Jan. 4, 197-1, as amended at 42 PR 32377, June 24, 1977; 47 PR 30785, July 15, 1982; M PR 38148, Sept. 14. 1909] § 13.22 Renewal of permits. (a) Application for renewal. Applicants for renewal of a permit must aubmit a written application at least 30 days prior to the expiration date of the per- mit. Applicants must certify in the form required by §13.12(a)(5) that all statements and information in the original application remain current and correct, unless previously changed or corrected. If such. Information is no longer current or correct, the applicant must provide corrected information. (b) Renewal criteria. The Service shall Issue a renewal of a permit if the appli- cant meets the criteria for Issuance in §13.21(b) and Is not disqualified under 513.21(c).(c) Continuation of permitted activity. Any person holding a valid, renewable permit, who has complied with this section, may continue the activities authorized by the expired permit until the Service has acted on such person's application for renewal. (d) Denial. Tho issuing officer may deny renewal of a permit to any appli- cant who fails to meet the Issuance cri- teria set forth In §13.21 of this part, or in the part(s) or section(s) specifically governing the activity for which the renewal is requested. [54 PR 38148, Sept. 14, 1989] § 13.23 Amendment of permits. (a) Permittee's request. Where cir- cumstances have changed so that a per- mittee desires to have any condition of his permit modified, such permittee must submit a full written justifica- tion and supporting information in conformity with this part and the part under which the permit was Issued. (b) Service reservation. The Service re- serves the right to amend any permit for just cause at any time during its term, upon written finding of neces- sity. (c) Change of name or address. A per- mittee is not required to obtain a. new permit If there Is a change in the legal Individual or business name, or in the mailing address of the permittee. A permittee is required to notify the is- suing office within 10 calendar days of such change. This provision does not authorize any change in location of the conduct of tho permitted activity when approval of the location is a qualifying condition of the permit. (54 FU 30148. Sept. 14, 1989] §13.24 Right of succession by certain persons. (a) Certain persons, other than the permittee are granted the right to carry on a permitted activity for the remainder of the term of a current per- mit provided they comply with the pro- visions of paragraph (b) of this section. Such persons are the following: (1) The surviving spouse, child, ex- ecutor, administrator, or other legal representative of a deceased permittee; and (2) A receiver or trustee in bank- ruptcy or a court designated assignee for the benefit of creditors. (b) In order to secure tho right pro- vided in this section the person or per- sons desiring to continue the activity shall furnish the permit to the issuing officer for endorsement within 90 days from the date the successor begins to carry on the activity. [M PR 38149, Sept. 14, 1989] 45 §13.41 50 CFR Ch. I (10-1-94 Edition) U.S. Fish and Wildlilo Serv., Interior n. 14 rejected as insufficient in form and content. (c) Inquiry by the Service. The Service may institute a separate inquiry into the matter under consideration. (d) Determination of grant or denial of a request for reconsideration. The issuing officer shall notify the permittee of the Service's decision within 46 days of the receipt of'the'request for reconsider- .ation. This notification shall be in writing, shall state the reasons for the decision, and shall contain a descrip- tion of the evidence which was relied upon by the issuing:'officer. The notifi- cation shall also provide information Deeming the right to appeal, the offi- to whom an appeal may be ad- £ssed, and the procedures for making an appeal. (e) Appeal. A person who has received an adverse decision following submis- sion of a request for reconsideration may submit a written appeal, to the Re- gional Director for the region in which the issuing office is located, or to the Director for offices which report di- rectly to the Director, An appeal must be submitted within 45 days of the date of the notification of the decision on the request- for reconsideration. The appeal shall state the reason(s) and issue(s) upon which the appeal is based and may contain any additional evi- dence or arguments to support the ap- peal. (0 Decision on appeal. (1) Before a de- Jon is made concerning the appeal appellant may present oral argu- ments before the Regional Director or the Director, as appropriate, if such of- ficial judges oral arguments are nec- essary to clarify issues raised in the written record. (2) The Service shall notify the appel- lant in writing of its decision within 45 calendar days of receipt of the appeal, unless extended for good cause and the appellant notified of the extension. (3) The decision of the Regional Di- rector, or the Director shall constitute the final administrative decision of the Department of the Interior. [M PE 38149, Sept. 14.1989] .Subpart D—Conditions §13.41 Humane conditions. Any live wildlife possessed under a E permit must be maintained under hu-1 mane and healthful conditions. . fc [54 FR 38150, Sept. 14, 1989] § 13.42 Permits are specific. The authorizations on the face of a permit which set forth specific times, dates, places, methods of taking, num-' bers and kinds of wildlife or plants, lo- cation of activity, authorize certain circumscribed transactions, or other- wise permit a specifically limited mat- ter, are to be strictly construed and shall not be Interpreted to permit simi- lar or related matters outside the scope of strict construction. [39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977] §13.43 Alteration of permits. Permits shall not be altered, erased, or mutilated, and any permit which has been altered, erased, or mutilated shall immediately become invalid. Un- less specifically permitted on £he face thereof, no permit shall be copied, nor shall any copy of a permit issued pur- .suant to this subchapter B be dis- played, offered for inspection, or other- wise used for any official purpose for which the permit was Issued. "I§ 13.44 Display of permit;/ Any permit Issued under this part shall be displayed for inspection upon request to the Director or his agent, or to any other person relying upon its existence. § 13.45 Filing of reports. Permittees may be required to file reports of the activities conducted under the permit. Any such reports shall be .filed not later' than March 31 for the preceding calendar year ending December 31, or any portion thereof, during which a permit was in force, un- less the regulations of this subchapter B or the provisions of the permit set forth other reporting requirements. 48 5 13.48 Maintenance of records. Prom the date of issuance of the per- mit, the permittee shall maintain com- plete and accurate records of any tak- ing, possession, transportation, sale, purchase, barter, exportation, or Im- portation of plants obtained from the wild (excluding seeds) or wildlife pursu- ant to such permit. Such records shall be kept current and shall include names and addresses of persons with whom any plant obtained from the wild (excluding- seeds) or wildJjfe has been purchased, sold, bartered, or otherwise transferred, and the date of such trans- action, and such other information as may be require,d or appropriate. Such records shall be 'legibly written or re- producible in (English and shall be maintained for five years from the date of expiration ofjjfche permit. [39 PR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54 FR 38150, Sopt. 14, 1989] {13,47 Inspection requirement. Any person holding a permit under this subqhapter B shall allow the Di- rector's agent to enter his premises at any reasonable hour to inspect any wildlife or plant held or to inspect, audit, or copy any permits, books, or records required to be kept by regula- tions of this subchapter B. (39 FR 1161, Jan. 4, 1974. as amended at 42 FR 32377, June 24, 1977] } 13.48 Compliance with conditions ofpermit. Any person holding a permit under BUbchapter B and any person acting under authority of such permit must comply with all conditions of the per- mit and with all appllicable laws and regulations governing the permitted activity. (M PR 38150, Sept. 14, 1989] J1S.49 Surrender of permit. Any person holding a permit undertubchapter B shall surrender such per- mit to the issuing officer upon notifi- cation that the"permlt has been sus- pended or revoked by the Service) and all appeal procedures have been ex- hausted. '- [HFR38150,-Sept. 14, 1989] § 13.50 Acceptance of liability.' Any person holding a permit under subchapter B assumes all liability and responsibility for the conduct of any activity conducted under the authority of such permit. [M FR 38150, Sopt. 14, 1989] PART ^-IMPORTATION, EXPOR- TATION, AND TRANSPORTATION OF WILDLIFE Subpart A—Introduction Sec. 14.1 Purpose of regulations.14.2 Scope of regulations.14.3 Information collection requirements. Subpart B—Importation and Exportation at Designated Portj 14.11 General restrictions. 14.12 Designated ports. 14.13 Emergency diversion. 14.H In-transit shipments. 14.15 Personal baggage and household ef-fects.14.16 Border ports. 14.17 Personally owned pet birds.14.18 Marine mammals.14.19 Special ports.14.20 Exceptions by permit. 14.21 Shellfish and fishery products. 14.22 CorUiln antique articles.14.23 Live farm-raised fish and farm-ralsadfish eggs. Subpart C—Designated Port Exception Permits 14.31 Permits to Import or export wildlife at nondoslgnated port for scientific pur- poses.14.32 Permits to Import or export wildlife at nondeslgnated port to minimize deterio- ration or loss,14.33 Permits to Import or export wildlife at nondeslgnatod port to alleviate undue economic hardship. Subpart D—(Reserved) Subpart E—Inspection and Clearance of Wildlife 14.51 Inspection of wildlife.14.52' Clearance of Imported wildlife. 14.53 Refusal of clearance..14.54 Unavailability of Service officers.14.55 Exceptions to clearance requirements. Subpart F-Wlldllte Declarations 14,61 Import declaration requirements. 49 ASSUMPTION AGREEMENT WITH RESPECT TO IMPLEMENTATION AGREEMENT REGARDING CITY OF CARLSBAD/FIELDSTONE/LA COSTA ASSOCIATES HABITAT CONSERVATION PLAN This Assumption Agreement ("Agreement") is made and entered into this 28th day of May, 1996 by and among Real Estate Collateral Management Company, a Delaware Corporation ("Assignee"), the City of Carlsbad ("City"), the California Department of Fish and Game ("CDFG") and the United States Fish and Wildlife Service ("FWS"). RECITALS OF FACT This Agreement is based on the following facts: A. Fieldstone/La Costa Limited Partnership ("Assignor"), City, DFG and FWS entered into that certain agreement entitled IMPLEMENTATION AGREEMENT REGARDING THE CITY OF CARLSBAD/FIELDSTONE/LA COSTA ASSOCIATES HABITAT CONSERVATION PLAN ON-GOING MULTI-SPECIES PLAN, dated June 7, 1995 f:\wp\2200\12006b5.13 1 ("IA"). The terms used herein shall have the same meaning as in the IA. B. Assignor has conveyed to Assignee its rights, title and interests in and with respect to: (i) the lands owned by Assignor within the Plan Area covered by the IA and the Habitat Conservation Plan/Ongoing Multi-species Plan referred to therein ("HCP"); and, (ii) the IA by assignment dated August 18, 1995. C. Assignee is willing to assume, for the benefit of City, DFG and FWS, the obligations of Assignor under the IA, except and provided that Assignee shall have no obligation with respect to the performance of any provision of the IA, which performance occurred or was required to occur prior to the transfer of title to the lands covered by the HCP to Assignee under the Assignment. D. Concurrently with the execution of this Agreement, FWS has issued a permit ("Permit") to Assignee pursuant to Section 10(a) of the federal Endangered Species Act. f:\wp\2200\12006b5.13 NOW, THEREFORE, for and in consideration of the undertakings and provisions of the IA, the mutual convenants set forth herein, and other consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Assumption o£ Obligations by Assignee Assignee has accepted the Assignment and, for the benefit of City, DFG and FWS, assumes, and covenants to punctually and fully perform, the duties and obligations, and observe the conditions, to be performed or observed by Assignor under the IA except and provided that Assignee shall have no obligation with respect to the performance of any provision of the IA that occurred or was required to occur prior to the transfer of title to the lands covered by the HCP to Assignee under the Assignment. f:\wp\2200\12006b5.13 2. Memorandum of Understanding and Management Authorization DFG acknowledges and confirms that pursuant to the rights and interests of Assignor under the IA, Assignee has succeeded to and possesses and holds all of the rights, title and interests of Assignor under the Memorandum of Understanding constituted by the IA and the Management Authorization attached thereto as Exhibit 8. 3 . Force and Effect The parties, and each of them, represent, acknowledge and confirm that: (i) the IA, the Section 10 (a) Permit, the Memorandum of Understanding constituted by the IA and the Management Authorization attached to the IA as Exhibit 8, as amended and modified by this Agreement, are in full force and effect in accordance with their terms; and, f:\wp\2200\12006b5.13 (ii) at the date of the Assignment and the date hereof, none of the parties were, and they are not now, in default or violation of, or with respect to, any of the provisions of the IA, Memorandum of Understanding or Management Authorization and each has fully performed in accordance with the terms thereof. 4. Miscellaneous Provisions a. Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successor and assigns. b. No Third Party Beneficiaries Without limiting the applicability of the rights granted to the public pursuant to the provisions of 16 U.S.C. 1540(g), this Agreement is for the sole benefit of the parties hereto. This Agreement shall not create in the public, any member of the public or any other person or entity, any rights as f:\wp\2200\12006b5.13 5 a third party beneficiary to this Agreement, nor shall it authorize anyone not a party to this Agreement to maintain a suit for injuries or damages under the provisions of this Agreement. c. Governing Law The interpretation and performance of this Agreement shall be governed and construed in accordance with the law of California. d. Full Force and Effect The IA, Permits and Management Authorization, as amended hereby, are and shall continue to be in full force and effect in accordance with their terms. e. Counterparts This Agreement may be executed in counterparts, each of which shall be an original and have the same effect as if all of the parties executing the counterparts had executed a single instrument. f:\wp\2200\12006bS.13 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "Assignee" Real Estate Collateral Management Company, a Delaware corporation By: Its: "City" The City of Carlsbad, California By: "DFG" California Department of Fish and Game By: fa+**«&Z~/4:/fa>*flL C/DlfiECTOR WFWS" United States Fish and Wildlife Service By: f:\wp\2200\12006b5.13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "Assignee" Real Estate Collateral Management Company, a Delaware corporation By: Its: "City" The City of Carlsbad, California By: "5 ^ "DFG" California Department of Fish and Game By: «FWS" United States Fish and Wildlife Service By: f:\wp\2200\12006b5.13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "Assignee" Real Estate Collateral Management Company, a Delaware corporation By: Its: "City" The City of Carlsbad, California By: "DFG" California Department of Fish and Game By: «FWS" United States Fish and Wildlife Service By: f:\wp\2200\12006b5.13 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "Assignee" Real Estate Collateral Management Company, a Delaware corporation By: Its: "City" The City of Carlsbad, California By: "DFG" California Department of Fish and Game By: "FWS" United States Fish and Wildlife Service f:\wp\2200\12006b5.13 )) 101 Ash Street ,-, T-, San Diego, CA 92101-3017Sempra Energy" October 31,2001 Don Neu City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 RE: ELECTRIC TRANSMISSION LINE UPRATE WITHIN SDG&E's 100' R/W at LA COSTA OAKS Dear Don: This letter is in response to a request to comment on San Diego Gas & Electric Company's plans to uprate the 230kV electric transmission lines running through SDG&E's 100' wide Right-of-Way within the La Costa Oaks development. Uprating, or increasing the amperage running through these wires will increase the amount of sag in the lines. This decreases the amount of clearance between the lines and the ground elevation. All future road crossings must be designed to accommodate this extra sag and allow 35' of clearance from the wire to the road surface, unless otherwise approved by SDG&E. Should you have any further questions, please contact me at the numbers listed below. Sincerely, Michael J. Williams Sempra Energy Land Management Representative, a duly authorized agent for SDG&E Phone (858) 654-1201 Mobile(619) 247-8370 e.mail Mwilliams(ajsempra.com cc: Tim O'Grady - Morrow Development La Costa Oaks uprate ltr.doc f SAN DIEGO NATURAL HISTORY MUSEUM BALBOA PARK - SAN DIEGO SOCIETY OF NATURAL HISTORY - ESTABLISHED 1874 7 July 1999 Ms. Sarah Patterson Morrow Development P.O. Box 9000-685 Carlsbad, CA 92018-9000 RE: Paleontological Resources: La Costa Greens, La Costa Ridge, La Costa Oaks Dear Sarah: This letter report summarizes the results of my paleontological resource assessment of the above referenced project sites. The report is based upon a review of existing published and unpublished geological literature (Weber, 1963; Wilson, 1972; Eisenberg and Abbott, 1985), a review of museum paleontological records (San Diego Natural History Museum), and a walkover of the project site (6 July 1999) to field check the results of the literature and record reviews. Separate discussions are provided below for the three different projects. La Costa Greens - The La Costa Greens project site is located east of El Camino Real, north of Alga Road, and south of Palomar Airport Drive. The project site occupies a broad alluvial valley with dissected mesa lands forming the western slopes and steeper volcanic foothills forming the eastern slopes. Bedrock exposures are limited because of existing improvements (a portion of the La Costa Golf Course occupies the valley floor), prior agricultural use, and native vegetative cover. The highest point on the project site (approximately elevation 420 feet) is located in the southeast corner adjacent to existing residential development. The lowest point (approximately elevation 80 feet) is located on the valley floor adjacent to Alga Road. According to existing geological reports the geology of the site consists of early Cretaceous-aged (125 million years old) metavolcanic rocks (Santiago Peak Volcanics) and middle Eocene-aged (42-48 million years old) claystones and sandstones (Delmar Formation, Torrey Sandstone, Friars Formation, Scripps Formation). The Cretaceous metavolcanic rocks are confined to the southeastern portion of the project site. During the field walkover, exposures of these rocks were seen to consist of well indurated volcanic breccia. No fossils were observed in the limited bedrock exposures Cretaceous rocks and no previous fossil collecting localities are recorded for the project site. In addition, because of their "fiery" origin, these volcanic breccias are typically unfossiliferous. Except for the Holocene alluvium on the valley floor, the remainder of the project site is underlain by Eocene sedimentary rocks. During the field walkover, exposures of these rocks were seen to consist of interbedded layers of green claystone, light yellow fine-grained sandstone, and light gray coarse-grained pebbly sandstone. Existing geological reports assign these Eocene rocks to either the Delmar Formation and Torrey Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org Sandstone (Wilson, 1972) or the Delmar Formation-Friars Formation undifferentiated and Scripps Formation (Eisenberg and Abbott, 1985). No fossils were observed in the limited exposures of Eocene rocks and no previous fossil collecting localities are recorded for the project site. However, significant Eocene fossil collecting localities are recorded within a one mile radius of the project. These records suggest a high potential for the exposure of significant paleontological resources during future construction- related mass excavation work proposed for the project site. Mitigation of the predicted construction-related impacts can be accomplished through implementation of a paleontological resource mitigation program. This program should include the following elements: [1] attend any pre-construction meetings; [2] monitoring on a full-time basis all grading operations in the Eocene sedimentary rocks and inspect cuts for unearthed fossil remains; [3] salvage remains as they are uncovered; [4] screenwash selected sites (if discovered) for recovery of small fossil remains; [5] document the stratigraphic and geologic context of salvaged fossil remains; [6] remove fossils from the project site; [7] clean, repair, and sort salvaged fossils for eventual donation to an accredited institution such as the San Diego natural History Museum: [8] prepare a final report summarizing the results of the mitigation program. This report will include a discussion of methods employed, fossils recovered, geologic context of fossil remains, and significance of mitigation program. La Costa Ridge - The La Costa Ridge project site is located south of Alga Road, west of Rancho Santa Fe Road, northwest of San Marcos Creek, and east of El Fuerte Street. The project site consists of a rugged volcanic and plutonic terrain with the steep- sided gorge of San Marcos Creek forming the eastern and southern boundaries of the project site. The gorge (including Box Canyon) provides spectacular bedrock exposures. Other portions of the project site, however, are covered by native vegetation. The highest point (approximately elevation 738 feet) is located in the northern portion of the project site. The lowest point (approximately elevation 80 feet) is located at the mouth of Box Canyon. According to existing geological reports (Weber, 1963; Eisenberg and Abbott, 1985) the geology of the site consists of early Cretaceous-aged (125 million years old) metavolcanic rocks (Santiago Peak Volcanics) and early to late Cretaceous-aged (125 to 90 million years old) coarse-grained plutonic rocks (Peninsular Range Batholith). The Cretaceous metavolcanic rocks underlie the southern half of the project site, while Cretaceous plutonic rocks underlie the northern half of the project site. No previous fossil collecting localities are recorded for the project site. The "fiery" origin of the metavolcanic and plutonic rocks indicates that these rock units are unfossiliferous and have a zero paleontological resource potential. Because of the zero paleontological resource potential of the project site, there will not be any impacts and therefore no necessity for implementation of a paleontological resource mitigation program. La Costa Oaks - The La Costa Oaks project site is located south and southeast of San Marcos Creek, west of unicorporated county land, and north of City of Encinitas land. Rancho Santa Fe Road roughly bisects the project site in a north-northeast Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org direction. The project site consists of a rugged volcanic and plutonic terrain with the steep-sided gorge of San Marcos Creek forming the northeastern boundary of the project site. The highest point (approximately elevation 980 feet) is located in the eastern portion of the project site. The lowest point (approximately elevation 360 feet) is located in the gorge of San Marcos Creek. According to existing geological reports (Weber, 1963; Eisenberg and Abbott, 1985) the geology of the site consists of early Cretaceous-aged (125 million years old) metavolcanic rocks (Santiago Peak Volcanics) and early to late Cretaceous-aged (125 to 90 million years old) coarse-grained plutonic rocks (Peninsular Range Batholith). The Cretaceous metavolcanic rocks underlie the southern three-quarters of the project site, while Cretaceous plutonic rocks underlie the northern one-quarter of the project site. No previous fossil collecting localities are recorded for the project site. The "fiery" origin of the metavolcanic and plutonic rocks indicates that these rock units are unfossiliferous and have a zero paleontological resource potential. Because of the zero paleontological resource potential of the project site, there will not be any impacts and therefore no necessity for implementation of a paleontological resource mitigation program. In summary, the La Costa Greens project site has a high paleontological resource potential that will require implementation of a paleontological resource mitigation program during construction. The La Costa Ridge and La Costa Oaks project sites have zero paleontological resource potentials and will not require mitigation programs during construction. If you have any questions concerning this report, please feel free to contact me at (619)232-3821, ext. 232. Sincerely, Thomas A. Demere, Ph.D. Curator, Department of Paleontology Director, Department of Paleontological Services References Cited: Eisenberg, L.I., and P.L. Abbott. 1985. Eocene lithofacies and geologic history, northern San Diego County. In, P.L. Abbott (ed.), On the Manner of Deposition of the Eocene Strata in northern San Diego County. San Diego Association of Geologists, fieldtrip guidebook, pp. 19-35. Weber, F.H., Jr. 1963. Geology and mineral resources of San Diego County. California Division of Mines and Geology, County Report 3:1-309. Wilson, K.L. 1972. Eocene and related geology of a portion of the San Luis Rey and Encinitas quadrangles, San Diego County, California. Unpublished M.A. thesis, University of California, Riverside, 135 p. Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org DEVELOPMENT VIA OVERNIGHT MAIL ' 1903 Wright Place, Suite 180 - Carlsbad, CA 92008December 18, 2001 . phone: 760 929-2701 Mr. Don Neu Senior Planner . . ' fax.-760 929-2705 .City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Villages of La Costa-MM&RP 4.4-14 Dear Don: Enclosed please find a copy of the Conceptual Mitigation Plan prepared August 9,2001 by Helix Environmental Planning, Inc. This wetland restoration plan includes information regarding enhancement/restoration, maintenance, monitoring and success criteria for the impacts and mitigation to the La Costa Greens, Oaks and Ridge villages. In addition, it prescribes for creation and enhancement of wetland mitigation at a rate of at least 2:1. The plan was submitted to the Army Corps of Engineers, Regional Water Quality Control Board and Department of Fish and Game to obtain the 404 Permit, 401 Certification and 1603 Permit respectively. Also included are copies of selected sheets of the landscape and irrigation plans and grading plans covering the mitigation area located in directly upstream from the woodland area of the La Costa Oaks village. As required by the 404 Permit and 401 Certification, these plans in conjunction with the Conceptual Mitigation Plan comprise the final Wetland Mitigation Plan for the La Costa Oaks project. We are in the process of obtaining our final fully executed 404 Permit, 401 Certification and 1603 Permit. Once we have all of them, I will forward them to your attention. Once these are forwarded, we expect that the combination of this information will satisfy the condition of approval. If you think otherwise, please let me know at your earliest convenience. If you have - any questions or need any further information, please don't hesitate to call me at 760/929-2701 ext. 103 ore-mail at iiackson@morrowdevelopment.com. Sincerely, tames M. Jackson lioj/Vice President JMJ:jmj cc Jack Henthorn - Henthorn Associates (w/o enclosures) Enclosures 3 California I ^ional Water Quality ^bntrol Board San Diego Region Winston H. Hickox Secretary for Environmental Protection Internet Address: http://www.swrcb.ca.gov/-rwqcb9/ 9174 Sky Park Court, Suite 100, San Diego, California 92123 Phone (858) 467-2952 • FAX (858) 571-6972 RECEWEO December 13, 2001 Mr. James Jackson Morrow Development 1903 Wright Place, Suite 180 Carlsbad, CA 92008 SUBJECT: ORDER NO. 2001-322, WASTE DISCHARGE REQUIREMENTS AND SECTION 401 WATER QUALITY CERTIFICATION FOR THE VILLAGES OF LA COSTA Gray Davis Governor Dear Mr. Jackson: Enclosed please find a copy of Order No. 2001-322, which the Regional Board adopted at their regularly scheduled December 12, 2001 meeting. If you have any questions regarding the above, please contact Ms. Stacey Baczkowski at (858)637-5594. Respectfully, H.ROBERTUS ixecutive Officer Enclosure: Order No. 2001-323 California Environmental Protection Agency rf^L Recycled Paper Mr. Jackson -2-December 13,2001 DISTRIBUTION Mr. Tory Walker Walker Engineering, Inc. 2559 Vista De Palomar Fallbrook, CA 92028 John Richards Staff Counsel Office of Chief Counsel (OCC) State Water Resources Control Board P.O. Box 100 901 P St., Sacramento, CA 95812-0100 Mr. Terry Dean U.S. Army Corps of Engineers San Diego Field Office 16885 West Bernardo Drive, Suite 300A San Diego, CA 92127 Ms. Tamara Spear California Department of Fish and Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Mr. Everett DeLano 220 W. Grand Avenue Escondido, CA 92025 Mr. Thomas Lyon 3174 Camino Arroyo Carlsbad, CA 92009 Ms. Elizabeth Kruidenier 3005 Cadencia Street Carlsbad, CA 92009 Ms. Inez Yoder 7304 Borla Place Carlsbad, CA 92009 Sierra Club, San Diego Chapter 3820 Ray Street San Diego, CA 92104-3623 Ms. Patricia Bleha 3209 Fosca Street Carlsbad, CA 92009 Mr. Michael Holzmiller City of Carlsbad Planning Department 1635 Faraday Ave Carlsbad, CA 92009 California Environmental Protection Agency rf* Recycled Paper CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ORDER NO. 2001-322 TENTATIVE WASTE DISCHARGE REQUIREMENTS AND SECTION 401 WATER QUALITY CERTIFICATION FOR MORROW DEVELOPMENT, INC. VILLAGES OF LA COSTA PROJECT SAN DIEGO COUNTY The California Regional Water Quality Control Board, San Diego Region (hereinafter Regional Board) finds that: 1. Morrow Development (hereinafter discharger) submitted an application for 401 Water Quality Certification on August 3, 2001 and an Application/Report of Waste Discharge on September 18, 2001. The discharger proposes to construct a master planned community incorporating 2,390 residential units on approximately 1,866 acres within the City of Carlsbad, California. 2. The project will result in the discharge of waste, defined as the placement of fill material (e.g., soil, riprap, culverts), into 7.48 acres of waters of the United States, including wetlands, that are tributaries to San Marcos Creek, Escondido Creek, and Batiquitos Lagoon. The project's direct impacts are as follows: Parcel Greens Oak/Ridge Total Permanent Impacts (Acres) bFWM 2.47 0.58 3.05 MFS 0.12 0.0 0.12 SWS 2.51 0.0 2.51 SWS-D 0.09 0.0 0.09 TS 0.13 0.0 0.13 OW 0.76 0.0 -0.76 SB 0.27 0.55 0.82 Total 6.35 1.13 7.48 FWM = freshwater marsh SWS = southern willow scrub TS = tamarisk scrub SB = unvegetated streambed MFS = mulefat scrub SWS-D = disturbed southern willow scrub OW = open water 3. The project may indirectly impact beneficial uses of waters of the State through the discharge of urban runoff pollutants (e.g., oil and grease, heavy metals, pathogens, nutrients, etc.) from the proposed development. Order 2001-322 4. To mitigate for the permanent fill of 7.48 acres of waters of the United States, the discharger will preserve a total of 37.88 acres; enhance 7.48 acres; and create 7.48 acres of southern willow scrub, willow riparian scrub, and willow riparian woodland by: a. Preserving the primary drainage within the Greens portion and San Marcos Creek within the Oaks/Ridge portion; b. Enhancing 7.48 acres of existing, degraded wetland along the primary drainage on the Green portion by the removal of exotic plant species; c. Creating 5.3 acres of willow riparian scrub and willow riparian woodland adjacent to existing wetland habitats along the primary drainage on the Greens portion; and d. Creating 2.18 acres of southern willow scrub in the south-central portion of the Oaks/Ridge project. 5. The proposed Conceptual Mitigation Plan will adequately compensate for impacts to water quality and beneficial uses associated with the discharge of fill material. 6. A buffer between the proposed development and preserved drainages will be established according to the plans submitted with the 401/WDR application. For the Greens portion of the project, a minimum buffer of 50 feet was established, except where it was not feasible (e.g., road crossings), and buffer range in width from 75 feet to over 200 feet. For the Oaks/Ridge portion of the project, 100-foot wide buffers will be established around the mitigation area and the upper portion of San Marcos Creek. The remainder of San Marcos Creek will have buffers approximately 1,000-feet wide. The buffer is intended to reduce impacts to beneficial uses, particularly those associated with WARM and WELD, that may result from development. 7. This Order specifies Waste Discharge Requirements (WDRs) that are necessary to adequately address impacts to water quality standards resulting from the filling of waters of the U.S., to meet the objectives of the State Wetlands Conservation Policy (Executive Order W-59-93), and to accommodate and require appropriate changes over implementation of the project and its construction. 8. The Comprehensive Water Quality Control Plan for the San Diego Basin (9) (Basin Plan) was adopted by the Regional Board on March 17,1975. Subsequent revisions to the Basin Plan have also been adopted by this Regional Board and approved by the State Board. The Basin Plan designates beneficial uses, narrative and numerical water quality objectives, and prohibitions which are applicable to the discharges regulated under this Order. The project, as described in this Order, will not result in State Water Quality Standards being exceeded. 9. The discharger has avoided and minimized impacts to waters of the U.S. consistent with the requirements of the Basin Plan. 10. The City of Carlsbad prepared an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act and this document was certified on October 23, 2001. Order 2001-322 The EIR identified the following mitigation measures to reduce project impacts to water quality below a level of significance: Water Quality - Sedimentation a. Comply with the requirements of State Water Resources Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Permit for Storm Water Discharges Associated with Construction Activity; b. The applicant shall submit an erosion control plan to the City of Carlsbad Engineering Department for review and approval. The erosion control plan shall identify seeding and planting guidelines, dust control measures, stabilized construction entrances, etc; c. Installation of appropriately designed, temporary desiltation basins to prevent sedimentation of natural drainages within the project footprint and downstream areas; and d. Temporary desiltation basins may only be removed when permanent erosion control has been established. Water Quality - Urban Pollutants a. The proposed project shall design and incorporate the current Best Management Practices and Best Available Technologies (BMPs and BATs) available at the time, as referenced in the California Storm Water Best Management Practices Handbook and meeting all regulatory standards (e.g., vegetated detention basins, storm drain inlet filters); b. Develop a maintenance plan for all BMPs/BATs that shall specify the routine and non-routine maintenance activities, develop a maintenance schedule, and identify parties responsible for BMP/BAT maintenance; c. Comply with the Municipal Storm Water Permit (NPDES No. CASO108758). 11. The discharger has developed Concept Water Quality Plan for the La Costa Greens Project (O'Day Consultants; September 2001) and Concept Water Quality Plan and Best Management Practices for the Villages of La Costa the Ridge and Oaks (Hunsaker and Associates; July 2001). The conceptual plans identify the following BMPs to protect water quality: a. Creation of detention basins that will be used during construction and will remain in place as post-construction BMPs to receive urban runoff; b. Grass-lined swales and underground vaults (e.g., Vortechnics and CDS treatment units) will also be used in the Ridge and Oaks portions of the project; c. Use of porous materials near walkways and driveways to reduce directly connected impervious areas where feasible; and d. Construction of pollution basins (e.g., treatment wetland). 12. The Board has notified the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Game, City of Carlsbad, and interested agencies and persons of its intent to prescribe WDRs and Section 401 Water Quality Certification for this discharge. Order 2001-322 13. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. IT IS HEREBY ORDERED that Morrow Development (hereinafter, discharger), in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, shall comply with the following: A. PROHIBITIONS 1. The discharge of fill material in a manner other than as described in the findings of this Order is prohibited unless the discharger obtains revised waste discharge requirements that provide for the proposed change. 2. Following creation/establishment of the buffer, the following activities are prohibited within the designated buffer areas (as shown on Attachment 1): placing additional man-made structures, altering topography (e.g., grading), use of nonnative plants (e.g., ornamental shrubs), or trimming vegetation. 3. The discharge of fill material and other waste shall not create a pollution, contamination or nuisance, as defined by Section 13050 of the California Water Code B MITIGATION PROVISIONS 1. Implementation of wetland and riparian mitigation shall provide the following functional gains: a. Habitat function - Creation of structurally and spatially diverse habitat surrounding riparian areas, in addition to the establishment of a buffer around the habitat, will provide nesting and foraging grounds for birds, amphibians, and other wildlife. b. Biogeochemical/water quality functions - Expansion of wetland areas and the establishment of a buffer shall increase areas for natural water quality functions, such as microbial action that removes toxins, nitrogen, and other nutrients from runoff. c. Hydrologic functions - Expansion of wetland areas will allow greater flood flow attenuation, energy dissipation, and storage during storm events. 2. The discharger shall develop a Final Mitigation and Monitoring Plan for Regional Board approval, that shall be consistent with the Conceptual Mitigation Plan (HELIX Environmental Planning, Inc.; August 2001), and shall achieve the following performance standards: a. The created and restored areas must posses the three criteria (wetland hydrology, hydrophytic vegetation, and hydric soils) necessary to be delineated as a Corps jurisdictional area; b. All sites must exhibit signs or evidence of wildlife use for two consecutive monitoring periods; Order 2001-322 c. All sites must be self-sustaining; and d. All sites must exhibit evidence of natural recruitment of native wetland and/or riparian species. e. Species diversity, as measured by two randomly located, five-meter by 50-meter belt transects per acre, shall be 40, 50, 60, 70, and 80 percent for years 1, 2, 3, 4, and 5, respectively. f. Cover by native species, expressed as percent total cover, shall by 60, 70, 80, 90, and 100 percent for years 1, 2, 3,4, and 5, respectively. g. Percent cover of nonnative species shall not exceed 10 percent. Any changes to the Final Mitigation and Monitoring Plan shall be approved by the Regional Board prior to implementation. 3. Implementation of the Final Mitigation and Monitoring Plan (described in Finding 4) shall be completed within the same calendar year as impacts occur, or at least no later than 9 months following the close of the calendar year in which impacts first occur (e.g., if impacts occur in June 2001, construction of mitigation for all impacts must be completed no later than September 2002). 4. Mitigation areas shall be maintained according to the schedule specified in the Conceptual Mitigation Plan, as shown below. a. First three months following installation - two times per month; b. Remainder of the first two years - two times per month from January through April and monthly from May through December; and c. Third through fifth year - monthly from January through April and every two months from May through December. Maintenance shall include removal of trash and debris, exotic species removal, and implementation of any remedial measures deemed necessary by the restoration biologist, and agreed to by the Regional Board, to ensure mitigation success. Alternative maintenace schedules that will provide equivalent protection may be implemented upon approval of the Regional Board. 5. The restoration specialist (as defined in the mitigation plan) shall be onsite, to determine the need for weeding, and will be responsible for coordinating site maintenance with the maintenance contractor. The restoration specialist shall follow the schedule specified in the Conceptual Mitigation Plan (as shown below), or a schedule acceptable to this Regional Board that provides equivalent protection. a. Site preparation/plant installation - daily; b. First four months following installation - two times per month; c. Remainder of first two years - monthly from December through May and every two months from June through November; Order 2001-322 d. Year three - monthly from December through May and quarterly from June through November; and e. Years four and five - quarterly. 6. If mitigation areas do not meet their interim and/or ultimate success criteria, the discharger shall prepare, acceptable to the Regional Board, remedial measures to be implemented. 7. Not later than 60 days following the completion of the installation of the mitigation areas, the discharger shall submit, acceptable to the Regional Board, final conservation easements or deed restrictions for all mitigation and preservation areas. 8. No later than 30 days prior to the beginning of clearing/grading, the discharger shall submit, acceptable to the Regional Board, the name(s) and qualification(s) of the qualified restoration biologist(s) responsible for compliance with the certification requirements, as discussed in the above provisions. 9. The discharger shall submit an as-built report within 60 days of installation of the proposed mitigation. 10. Not later than 30 days prior to the beginning of grading, the discharger shall submit, acceptable to the Regional Board, a Final Wetland and Riparian Mitigation and Monitoring Plan. The plan shall include all appropriate detail for earthwork, planting, and other proposed work as described below. The Final Mitigation and Monitoring Plan shall include, but not be limited to, the following: a. Proposed channel designs and earthwork for all mitigation areas, including appropriate cross sections and plan views; b. A detailed planting plan, including species lists, plant sizes and numbers, and planting designs; c. An irrigation plan; d. Specific details and plans for all creek sections that will be culverted, bridged, or otherwise crossed or immediately adjoined by paths, structures, or similar improvements; e. All other information, as appropriate. C. SECTION 401 WATER QUALITY CERTIFICATION PROVISIONS 1. Standard conditions applicable to 401 Water Quality Certification: a. Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to CWC §13330 and 23 CCR §3867. b. Certification is not intended and shall not be construed to apply to any activity involving a hydroelectric facility and requiring a Federal Energy Regulatory Order 2001-322 Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR §3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. c. Certification is conditioned upon total payment of any fee required pursuant to 23 CCR §3833 and owed by the discharger. 2. Any proposed change in construction that may alter flow patterns and/or change the approved impact footprint is prohibited without Regional Board approval. Not later than 30 days prior to the beginning of any proposed change, the discharger shall submit, acceptable to the Regional Board, detailed plans and specifications showing the proposed change in relationship to the approved project. 3. The discharger shall ensure protection of all waters of the United States that are to be preserved by implementing the following measures, or equivalent measures that provide the same protection: a. Fencing of all areas to be preserved prior to the start of any clearing/grading activities; b. A restoration biologist shall show all preservation areas to all construction personnel and explain the conditions of this Order and other permits regarding impacts; c. A restoration biologist shall be onsite at least once a week when grading and/or construction activities occur more than 100 feet from a waters of the U.S. or State that is to be preserved. When grading and/or construction activities occur within 100 feet of a waters of the U.S. or State that is to be preserved, the biologist shall be onsite daily. The biologist shall be given the authority to stop all work onsite if a violation occurs or has the potential to occur. The discharger shall specify the protection measures that will be used in the Final Mitigation and Monitoring Plan. 4. Not later than 60 days prior to the beginning of grading, the discharger shall submit, acceptable to the Regional Board, a detailed Water Quality Plan. This plan shall include, but not be limited to, identification of pollutants expected to be generated by the proposed project identification of specific Best Management Practices, their treatment efficiency with regards to expected pollutants, specific locations, specific maintenance requirements, and maintenance responsibilities. Implementation of the Water Quality Plan shall occur in conjunction with project initiation. 5. The discharger shall notify the Regional Board in writing at least 30 days prior to actual start dates for each project component (e.g., grading, installation of mitigation). D. STANDARD PROVISIONS 1. The discharger shall notify the Regional Board by telephone within 24 hours whenever an adverse condition occurs as a result of this discharge. Such a condition includes, but is not Order 2001-322 limited to, a violation of the conditions of this Order, a significant spill of petroleum products or toxic chemicals, or damage to control facilities that would cause noncompliance. Pursuant to CWC §13267(b), a written notification of the adverse condition shall be submitted to the Board within one week of occurrence. The written notification shall identify the adverse condition, describe the actions necessary to remedy the condition, and specify a timetable, subject to the modifications of the Regional Board, for the remedial actions. 2. The discharge of any hazardous, designated or non-hazardous waste as defined in Title 23, Division 3, Chapter 15 of the California Administrative Code, shall be disposed of in accordance with applicable state and federal regulations. 3. This Order is not transferable to any person except after notice to the Regional Board. In accordance with CWC §13260, the discharger shall file with the Board a report of any material change or proposed change in the ownership, character, location, or quantity of this waste discharge. The notice must include a written agreement between the existing and new discharger containing a specific date for the transfer of this Order's responsibility and coverage between the current discharger and the new discharger. This agreement shall include an acknowledgment that the existing discharger is liable for violations up to the transfer date and that the new discharger is liable from the transfer date on. Any proposed material change in operation shall be reported to the Regional Board at least 30 days in advance of the proposed implementation of any change. This shall include, but not be limited to, all significant new soil disturbances, all proposed expansion of development, or any change in drainage characteristics at the project site. For the purpose of this Order, this includes any proposed change in the boundaries of the wetland/waters of the United States fill sites. The Regional Board may require modification or revocation and reissuance of this Order to change the name of the discharger and incorporate such other requirements as may be necessary under the California Water Code. 4. The discharger shall maintain a copy of this Order at the project site so as to be available at all times to site operating personnel and agencies. 5. The discharger shall permit the Board or its authorized representative at all times, upon presentation of credentials: a. Entry onto project premises, including all areas on which wetland fill or wetland mitigation is located or in which records are kept. b. Access to copy any records required to be kept under the terms and conditions of this Order. c. Inspection of any treatment equipment, monitoring equipment, or monitoring method required by this Order. d. Sampling of any discharge or surface water covered by this Order. 6. This Order does not authorize commission of any act causing injury to the property of another or of the public; does not convey any property rights; does not remove liability under federal, state, or local laws, regulations or rules of other programs and agencies, nor does this Order Order 2001-322 authorize the discharge of wastes without appropriate permits from other agencies or organizations. 7. The Regional Board will consider recission of this Order upon notification of successful completion of mitigation for all creation, and enhancement projects required or otherwise permitted now or subsequently under this Order, completion of project construction, and the Regional Board's acceptance of these notifications. Determination of mitigation success will be based on the provisions discussed above. 8. The discharger must comply with all conditions of this Order. Any noncompliance with this Order constitutes a violation of the California Water Code and is grounds for (a) enforcement action; (b) termination, revocation and reissuance, or modification of this Order; or (c) denial of a report of waste discharge in application for new or revised waste discharge requirements. 9. The discharger shall report any noncompliance which may endanger health or the environment. Any such information shall be provided orally to the Regional Board within 24 hours from the time the discharger becomes aware of the circumstances. A written submission shall also be provided within five days of the time the discharger becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The Regional Board, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. 10. The discharger shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this Order, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the noncompliance. 11. In an enforcement action, it shall not be a defense for the discharger that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with this Order. Upon reduction, loss, or failure of the treatment facility, the discharger shall, to the extent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or an alternative method of treatment is provided. This provision applies for example, when the primary source of power of the treatment facility is failed, reduced, or lost. 12. This Order may be modified, revoked and reissued, or terminated for cause including, but not limited to, the following: a. Violation of any terms or conditions of this Order; b. Obtaining this Order by misrepresentation or failure to disclose fully all relevant facts; or Order 2001-322 c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. 13. The filing of a request by the discharger for the modification, revocation and reissuance, or termination of this Order, or notification of planned changes or anticipated noncompliance does not stay any condition of this Order. E. REPORTING AND RECORD KEEPING REQUIREMENTS 1. The discharger shall submit copies of all necessary approvals and/or permits for the project and mitigation projects from applicable government agencies, including, but not limited to, the California Department of Fish and Game, U.S. Fish and Wildlife Service, and U.S. Army Corps of Engineers, prior to the start of clearing/grading. 2. The discharger shall retain records of all monitoring information, including all calibration and maintenance records, copies of all reports required by this Order, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of five years from the date of the sample, measurement, report, or application. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board. 3. The discharger shall furnish to the Regional Board, within a reasonable time, any information which the Regional Board may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The discharger shall also furnish to the Regional Board, upon request, copies of records required to be kept by this Order. 4. Where the discharger becomes aware that it failed to submit any relevant facts in a Report of Waste Discharge or submitted incorrect information in a Report of Waste Discharge or in any report to the Regional Board, it shall promptly submit such facts or information. 5. All applications, reports, or information submitted to the Regional Board shall be signed and certified as follows: a. The Report of Waste Discharge shall be signed as follows: i For a corporation - by a principal executive officer of at least the level of vice- president. ii For a partnership or sole proprietorship - by a general partner or the proprietor, respectively. iii For a municipality, state, federal or other public agency - by either a principal executive officer or ranking elected official. b. All other reports required by this Order and other information required by the Regional Board shall be signed by a person designated in paragraph (a) of this provision, or by a duly authorized representative of that person. An individual is a duly authorized representative only if: 10 Order 2001-322 i The authorization is made in writing by a person described in paragraph (a) of this provision; and ii The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity; and iii The written authorization is submitted to the Regional Board, c. Any person signing a document under this Section shall make the following certification: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 6. The discharger shall submit reports required under this Order, or other information required by the Regional Board, to: Executive Officer California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, California 92123 F. NOTIFICATIONS 1. This Order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the discharger from liability under federal, state or local laws, nor create a vested right for the discharger to continue the waste discharge. 2. These requirements have not been officially reviewed by the United States Environmental Protection Agency and are not issued pursuant to Section 402 of the Clean Water Act. 3. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby. 4. The adoption of these waste discharge requirements constitutes certification of water quality certification for the project as described in this Order pursuant to Section 401 of the Clean Water Act. 11 Order 2001-322 This Order becomes effective on the date of adoption by the Regional Board /, John H. Robertas, Executive Officer, do hereby certify the foregoing is a full, true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, San Diego Region, on December 12, 2001. H. ROBERTUS 12 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION TENTATIVE MONITORING AND REPORTING PROGRAM NO. 2001-322 FOR MORROW DEVELOPMENT, INC. VILLAGES OF LA COSTA PROJECT SAN DIEGO COUNTY 1. Construction monitoring reports shall be submitted quarterly during all grading activities associated with the proposed project. Construction monitoring reports shall include, but not be limited to the following: a. Names, qualifications, and affiliations of the persons contributing to the report; b. Summary of construction activities that include general locations, project component (e.g., school site, mitigation site), approximate acreage; c. Quantification of impacts to waters of the U.S. authorized under this Order; d. Dates, times, and names of qualified biologist(s) onsite; e. Summary of any problems, resolution, and notification that occurred during this monitoring period; and f. Photodocumentation, if necessary, of construction activities. 2. Mitigation monitoring and maintenance shall occur as defined in the provisions of this Order, and mitigation success has been agreed to in writing by the Regional Board and the U.S. Army Corps of Engineers. Monitoring shall begin immediately after the completion of the first planting period. 3. Mitigation monitoring reports shall be submitted quarterly during the first year following installation, semi-annually during the second and third years, and annually until mitigation has been deemed successful. Monitoring reports shall be submitted no later than 30 days following the end of the monitoring period. Monitoring reports shall include, but not be limited to, the following: a. Names, qualifications, and affiliations of the persons contributing to the report; b. Tables presenting the raw data collected in the field as well as analyses of the physical and biological data; c. Qualitative and quantitative comparisons of current mitigation conditions with pre-construction conditions and previous mitigation monitoring results; d. Photodocumentation from established reference points; and e. Other items specified in the draft and final Wetland and Riparian Mitigation and Monitoring Plan. Order 2001-322 Monitoring Reports shall be submitted to: California Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, Ca 92123 Ordered by:. H. ROBERTUS (ecutive Officer 12-29-2001 10=24AM FROM CTR NATURAL LAND MGT 760 731 7791 i>ecuon lu - Mnanctai jj^hmary 0 Property TKte: La Costa Rancheros-Momw Datasefc CA003 PAR ID: P0051201 P. 6 12/28/2001 Phase Budget 002 Greens and Off-site INITIAL FINANCIAL REQUIREMENTS I & C Revenue I & C Management Costs I & C Contingency Expense Total I 4 C Management Costs I & C Administrative Costs of Total I & C Management Costs Total I * C Costs Net I & C Management and Administrative Costs Rate % 10.00 22.00 Total 0 62,138 6,214 68,352 15,037 63,390 83,390 ANNUAL ONGOING FINANCIAL REQUIREMENTS Ongoing Costs Ongoing Contingency Expense 10.00 Total Ongoing Management Costs Ongoing AdministraUve Costs of Total Ongoing Management costs 22.00 Total Ongoing Costs 10,755 1.87$ 21,732 4,781 26,513 ENDOWMENT REQUIREMENTS FOR ONGOING STEWARDSHIP Endowment to Provide Income of $26,513 Endowment per Acre Is $464, Ongoing Management Costs Based on 5.00% of Endowment per Year. Ongoing Management Funding is $26,813 per Year Resulting in $24 per Acre per Year. 530,260 TOTAL CONTRIBUTION 613,650 Property Analysfe Record 2.0 (C) 1899 Center for Katural Lancfe Management 42SE.Alw*toSt, SuiteH, FaKbrgok, CA92026-2960 SecllO 12-29-2001 10=25AM FROM CTR NATURAL LAND MGT 760 731 7791 Section 8 - Initial & CapitaTOsks and Costs ^ Property Title: La Costa Rancheros-Moirow Dataset CA003 PAR ID: P0051201B»**PAR TbTItt P. 7 12/28/20Q1 «M Task list ACQUisrnoN fcWJWKft* U04 Assistance Sub-Totel ^——**Specificatoo Prop«tjfln$p»o5on Unit LHwre C. Hours Number of Units aoo 12^00 Cost/ Unit 45.00 120.00 Annual Times Cost Years 270.00 1.449.00 1.0 1.0 Total Cost 270.00 1,440.00 1.710.00 SITE <X>NSTRUCTION/MA»NT. Gate, Bow Gate Ftnoe Udc SufcTctat BIOTIC SURVEYS Project Maflftgemaflt Plant Ecdogbt Plant Ecotofltet WftUffeBfetogtt HetpototoflW HMpetntoatt Mam*Mo0W OmWwfogtet Otter Sub-Total Powder RJyer, Bow bnuft & naMam off*Se Psdbek Superfeafeoortrato SwwWv* Sp**» Survey* HabflatanaJytib Gottfttsurwys Sqtu^airays, 1*ty«ar Checkplbflwray, 104/Vr ftnuljf UjMnial InalviIfWonWI *M*IBW« »«Hf*v PtCoorta/CAGWrnonil Adapts Management tern ULR. R«A LHoure L Hours l_ Hours I, Hours Kern C. Hours L Moore LHoora Kwn 2.00 4JOOOJOO 4,00 18.00 60.00 60.00 &)&) 1.00 80.00 80.00 160.00 1.00 925.00 3.00 19jOO 35^0 35.60 35.80 35.*) 5,000^00 4SJW 35^0 35.80 5,000.00 1,850.00 12,000.00 moo • 572J80 2.143JOD . 2,143,00 2,14$X)0 5,000.00 3^00.00 2^64,00 5,726.00 5,000430 1.0 1.0 1.0 2.0 zo 2.0 2.0 1.0 ZO 1.0 2.0 IX) 1.850-00 i2.ooo.qo m,oo 13,928.00 1,145.60 4^98.00 4,296.00 4.296JW S.000.00 7,200X10 2,864.00 11.456.00 5,000.00 45^5340 HABITAT RESTORATION Restoration Plan Project Management ftevegetadon BwflePfart Control Ewfc Plant ew*« subtotal Final Ptanfftoport Sup«vi««/(»orc8nate RflVegErtrance Hand Removal, Labor Herbte*fc4f%con. LHouro LHoore ttem LHoure Gal. 8J» 8M 1^00 49.00 44» 35.80 35.80 3,500.00 35.80 loaeo 286.40 286.40 3,900.00 1,432,00 434.40 1.0 1.O 1.0 2.0 2.0 286.40 286.40 3,500.00 2,664.00 868.80 7,805.60 HABITAT MAINTENANCE Brush Manapsroont SUb-ToW FuelModffication Item 1.00 2JQQOJUQ 2,000.00 ZO 4,000.00 <000.00 \ PropeityAn^yste Record 2,0 (C) 1998 Cwter (or NaftaaJ LouSs Management 42SE.Afvaj»toSt, SutosH, Fafibrgok, CA9202&-2960 Sect.8 Pagel 12-iia-20fe31 1U:2 Task list PUBUC SERVICES Awes* Control Trail Sign Sfcn Sfea Redwood brf^nwtdtuvi 1 kuxnrfiffuv ".T*j! fcMhttVtftyWWU U*H*Ufffi Communftf Ou!(«9ch Sub-Tott bAM r-KUM CTR IMA Specificaton Enforcement Maintenance Boundary 0"X 13.5^ Signpote* Wwpw(w4Xef Labor f^rJ-ilrtf*Copwa Mwtoiga IURAL LAT Unit L Hours L Hours ttwi •tew Item LHour* p>g^ L Hours vD MGT 760 7 Number of Units 155.00 16.00 100.00 100.00 zoo 16.00 f*tm f^\500 jQO €0.00 31 7791 UnR 3SJK) 35.60 &25 7:00 S50DO ^.80 A itfkO.1U 35.80 Annual Times Cost Years 5,549.00 57ZSO 525X0 700.00 700.00 S72JBO ry\ fV%90.QO 2.148,00 1.0 ZO ZO ZO 1.0 1.0 1.0 ZO P. 8 Total Cost 5.54&.00 1.145.60 1,050.00 1.400.00 700.00 572.80 50.00 4.29&00 14,763,40 GENERAL MAINTENANCE Haufng, Truck Sub-Total REPORTING rHftir^nfMlrkp* »«<i •mnlms/uAu nWMg^fliuni Awfel Photo, 2 sets color Amu?! Reports Annual WortcPton Management Plan Fire Management Plan Sub-Total TrUCWoadoffcwiilniJgmp Data input Data Managemartt OtaSfltorSatefflte Apancy Report Ptan and PAR Budget Inftiat Report Report Kent L Hours LHour* Keen LHaur* L Hours LHoura L Hours zoo 30.00 40.00 1W 20.00 1ZOO 40.00 40.00 saoo 36,80 35,80 2,500.00 35^0 3&80 3SJBQ 35«) 100.00 1,074 A) 1.432-00 Z500.00 715-00 429.60 1,432.00 1.43ZOO ZO ZO ZO 1,0 ZO ZO 1.0 1.0 200.00 200.00 2,143.00 2,864.00 Z500.00 1.432.00 65920 1,432.00 1.4XLOO 12,667.20 OFFICE MAINTENANCE AdmJnWraSve Tetephono Charges, Armual Office Supp»«,Y«r Copier FteMacHrw Con¥ut»r, PC 4 Monitor Computer aolhiwv Usw Printer Cttwr SubTotol FIELD EQUIPMENT Vehtefe Vehicle VWifcto Verfcb Insurance CeKutvPhonk Chemfctf Sfrajw Operations Phone Charges SUppfiM Copter, 15-18 ppm Standard SDOmhzPerCum Mjc(D8aftOfflc«Pfcg HPUnerJetSL Pabrt Ptot for field wxk SmBpMcUp MBcaga STSOwTISnil/flsit i ii«r« J>PI»»I * iMannenanoo Insurmw Ptorft Monthly charge 5G«9on LHoura Person Person (tetn Karp Item H«n Item Kent item salons Year Year (torn Ram 16.00 050 0.50 025 OH) OJ50 Ov60 0.50 0.50 050 250.00 050 O.SO 050 1M 3&K> 240X10 250.00 3,833-00 200-00 2,000.00 200,00 38OQO £00.00 ie,ooaoo zso 400.00 1,100.00 360.00 55.00 CTZ80 120.00 125.00 «»25 ioaoo 1,000.00 100,00 175.00 300.00 8,000.00 625.00 200.00 550.00 160.00 55.00 ZO ZO ZO 1.0 1.0 1.0 IX) 1.0 1.0 1.0 ZO 1.0 ZO ZO 1.0 1,145.00 240.00 2SO.OO 95825 100-00 1XX10.QO 100.00 175.00 300.00 4,268.85 8,000.00 1^50.00 200.00 i.ioaoo 360.00 55.00 Sub-Total 10,965.00 Ptopwty Ana^sfa Rqcod 2.0 (C) 1999 Cante far Nafam Lands Managanwt 425E,AJvaradoSt. Suite H, FaHbrook, CA 92028-2960 Sect.8 Page 2 12-29-2001 10: Task list OPERATIONS Audit Contacts DottitMrte^ostaflCflSte Eodawrosrt Insurance Aoooundng UgatFtnd Property Tax ExempHon !^ jpflry^Qf Sfe VMt &np*QyB9 l\flp<Xf9 Other 26AM FROM CTR NATURAL LAND Spocificaton Unit CPAAu* Produoe contrsctc RecoMdDCUmnte Gene* Conduct accounting! EttabSshfund Ffc Sfovfefe Qvtarterty Reports RAD Kern L Hours LHoyre Itefn LHOOTB 1%«odow, LH«n LHwre LHoore 1% endow MGT 760 731 7791 Number C^p ofUi«s Unit 1,095.00 161)0 8« O AftO,W 1.0^00 18X» 1XXJ 4-00 4.00 8JM 1J» 056 45.00 45.00 •MS rw\•3-J.W 35.00 13,000-00 35.00 60X50 35.80 13,000.00 Annual Times Cost Years 383.2$ 720.00 3GO.OD nOA ty\Zw.UU 1^68.75 630X10 13,000.00 140.00 240.00 286.40 13,000.00 1.0 2.0 1.0 *% l\2.0 2.0 2.0 1.0 ZO 2.0 2.0 1.0 P. 9 Total Cost 38355 1.440.00 3GO.DO 560.00 2,737.50 1^60JX> 13,000.00 260.00 480.00 572.80 13.000J30 Sub-TcW 34.073.SS CONTINGENCY * ADMINISTRATION TcW 51,277.15 201.210.35 Property Ara«y«h R*»rd 2.0 (C) 1998 Canfer for Nata* lands Manaaafnent 42SE.AlvWKk.St, SuR«K FaSbtwfc, CA 92026-2960 Sect.e Task list Specificaton Unit Number of Units Cost/ Unit Annual Divide Cost Years Total Cost SITE CONSTRUCTTONMAINT. F«n<» fete. Bow Gste Fence Lfr* Sub-Total BIOTIC SURVEYS Prefect Management PWR ECOlOflhit Pta* EcotosW Wfcttto&fefagbt Hwp**** ^ZS* nthftfV^UIvi SU>Tetel matoWh fencing cant PowjerWwf.Bow JmtM & iMMao) ofl-wJ« Paolock SmdGw Specie* Surveys Hattttviajysfc Qonervl Survey* Ct*ckf4feR«n-ay.104yr SHnOB MSmrnS HOppin£f PtCountt/CAGNmxft A/tarrffkM UnAtVuWtwwl' Un.Pt tern UrtR. Rent LHoura UHoura LHours LKours C.Houw 1 itj^jrfrL. rfvuv LHours n . . 8,000.00 2,00 4,000.00 4,00 16.00 60.00 6OjQO 60.00 80.00 ct\ fv\CW.OO 160.00 M fy> 12.50 925.00 34)0 19.00 35,80 35.80 35.80 35^0 45.00 4C &A35.80 95^0 C^W*<Vl 100,000-00 1,850.00 12,000.00 764)0 572*0 2,148.00 2,148.00 2,148.00 «,eoox» 5.728,00 C fW* /V\ 2S 35 35 5 1 1 1 1 1 1 inIV 4.000.00 SZ86 342.86 1520 4.410.92 S72JBQ 2,148.00 2.148-00 2,148.00 ZfXbff) 2,864.00 5.728.00 Kfn tv\600.00 19,708.80 HABITAT RESTORATION Project Managwnent ftattQetatton Bode Plant Control ExottcPtat* Control Sub-Total ^llfAW^tAA/nV^lHrM^A RwegEnbaice H4ndR«mowl,Ubor Hart**fe41%«n. LHoora Itenj L Hours Ga). e.00 1JOO 4OOO 4.00 35.80 2,000.00 35^0 10BJ60 286.40 2,000.00 1,432.00 43440 1 5 2 1 266.40 400.00 TieJPO 434.40 1,83080 HABITAT MAINTENANCE . . Brush Management BUb-ToW PUBLIC SERVICES AectMCanbtal Tnl 8(71 Sign S9n,R«feVQQd 1 1 iWI 1 • r*ttHiWp'WiW UWwUrft Interpret Utenilute Community Outreach Fuel Modification Enfixcemwit MdhttenanoB Boundary tTX 13.5- 6fen petes mterpf«fivb4>X6' Labor Copied Mwtings ton LHouro LHours Kent Item Keen L Hours Pago LHours 1.00 155.00 16.00 100.00 100.00 2.00 16.00 900.00 60,00 2^X30,00 35,80 35,80 S2S 7W 3504)0 35.80 0.10 35.80 2,000,00 5,549.00 572.80 S25.00 700.00 700.00 572.80 50.00 2,148.00 1 1 1 10 10 20 3 3 1 ZOOO.OO 2,000.00 5.549DO 57Z80 5250 70A1 35.00 190*3 18,67 2,148.00 Sub-Totd Pfopwty Atwlytis Record 2.0 (C) 1899 Center for Natural Lwxte Maroc««e«42SE.AJvsradoSt, Suite H, F^xook, CA S2028-2960 Sect.9 12-29-2001 10:27AM FROM^TR NATURAL LAND MGT 760 731 772J P. 11 Task list W Spedftcaton Unit Number of Units cm Unft Annual Divide Cost Years Total Cost GENERAL MAINTENANCE Hoiflnp, Truck Sup-TcW REPORTING Databott Management GIS/CAO Mam0ermnt Aartt Photo. 2 sets color Amusl Reports Annual Work P|#t Management Pbn Fto Management Plan Sub-Total TtucMoad of MBO to dtptip Data Input Data Management EHgiWorSsWRfe Agency Report Plan and PAR Budget InKM Report Report Kent LHoufa LHour* Rent L Hours LHourv L Hours L Hours 2M 30.00 40.00 1.00 20.00 12.00 40X10 40.00 50.00 . 35.80 35.80 2J500M 3550 3SJ3Q 35JQO 35^0 100.00 1/>74.00 1.432.00 2500.03 716.00 429.60 1,432,00 1.432,00 1 1 1 5 1 1 S 5 100.00 100.00 1.074.00 1,432.00 500.00 716.00 429.80 266.40 286.40 4,724.40 OFFICE MAINTENANCE MatokMlm TefephoheCtwges. Annual Office Suppftw, Yew Copier Fax Machine Computer, PC t Monitor Computer software Ue«r Printer Other Sub-Total FIELD EQUIPMENT V«Ncfe V«*Q$ Vehtote VehWelnwfmc* Celuter Phone Chemical Sprayw Sub-Total OPERATIONS Audit Contracts Endowment Insurance Accouottnfl Property Tax EtttmfjQoii Supotvteor Site Visit Eiifftoyg* Report* Sub-Total OpOra&XB PhoneCharpea Suppfie* Cc«)ler. 15-18 ppm Stondwd 500 mhz Pentium Mtefosoft Office Pk$ HPLaMfJetSL Ptfbn Plot far (Md work SmaB pfckup MfteaQO STSOiW'lSrrt/jjal Maintenance Insurance ,,. « . Ml * .HhOnb,WMBI i)y CnaTQ4 GGfldco CFAAUdit Frtv* »r* Hvtfmr4* tttVinAaA ArviV*« • i 1rfOwwp wWyWIttOIll General Conduct acoQUntfno FKe Stevfofta QuartenV Report* LHoum Person Pereon Item Item ftflm Horn Bern Item Run y*«w Year Year ftejn tern Item L Hours L Hours Hen LHour* LHouni L Hours LHouw 16.00 050 050 035 0.50 0.50 050 050 050 050 250,00 050 0.50 050 1.00 1,095.00 16.00 8.00 1.035.00 18.00 • 4.00 4.00 8.00 35.80 240.00 250.00 3,833.00 200.00 2ff»M' 200.00 3SOJ» 6004)0 16.000.00 250 400.00 1,100-00 380.00 €5.00 0.35 45.00 35X0 155 35.00 .35J» eo.oo 35.80 572-80 12040 125.00 95825 10000 1,000.00 100.00 175.00 300.00 8,000.03 625-00 200X00 550.00 180.00 55.00 38325 720.00 280.00 1^366.75 630.00 140.00 240,00 288.40 1 1 1 10 5 5 5 5 5 10 1 1 1 1 S 1 3 1 1 1 1 1 1 S7Z60 120.00 125.00 95.B3 20.00 200.00 20.00 35.00 60.00 1£4a63 80X00 625.00 200.00 550.00 180.00 11.00 2366.00 383^5 240.00 280,00 1^88.75 830.00 140.00 240.00 286.40 3,568.40 Property Aratyafe Record 2-0 (C) 1999 Center for Natural Lands Marwgerrwnt 42SE.AJvaradoSl, Suite H, FaKfarook, CA 9202^2960 8ect9 Page 2 12-29-2001 10 = 27AM PROMPT? NATURAL LAND MGT 760 731 77^ p 12 W Nurittxir C<JP Annual Uivfcfe Tota]Task list Spedfteaton Unit of Units Unit Cost Yeats CONTINGENCY & ADMINISTRATION 1 6.620.81 65,219,66 Property AftaJyote R«o«d 2.0 (C) 1999 Cfcriter for Natural UryfeManagenwrt ,. SuftoH, Faflbfook, CA9202&-2960 8ed9 12-29-2001 10:27AM FROM^TF? NATURAL LAND MGT 760 731 >Hirideuuun lu - rmanual avninary Property Title: La Costa Rancrteros-Morrow Dataset: CA003 P. 13 PAR ID: POOS1201 12/28/2001 PAR Rate INITIAL FINANCIAL REQUIREMENTS I & C Revenue I & C Management Costs I & C Contingency Expense 10.00 Total I & C Management Costs I&C Administrative Costs of Total I&C Management Costs 22.00 Total I&C Costs Net I & C Management and Administrative Costs Total$ 0 149,933 14,993 164,926 36,284 201,210 201,210 ANNUAL ONGOING FINANCIAL REQUIREMENTS Ongoing Costs Ongoing Contingency Expense 10.00 Total Ongoing Management Costs Ongoing Administrative Costs of Total Ongoing Management costs 22.00 Total Ongoing Costs 48,598 4,860 53,459 11,761 65,220 ENDOWMENT REQUIREMENTS FOR ONGOING STEWARDSHIP Endowment to Provide Income of $65,220 Endowment per Acre is $1,191. Ongoing Management Costs Based on 5,00% of Endowment per Year. Ongoing Management Funding is $65,220 per Year Resulting in $60 per Acre per Year. 1,304,400 TOTAL CONTRIBUTION 1,505,610 Prtparty An^rta Record 2,0 (C) 1999 Center for Natural Lands Management 42SE.AIvw**>5t, Suite H. firibwok. CA 32028-2960 SectIO Page 1 City of Carlsbad Planning Department December 21,2001 Bryan D. Bennett Jack Henthom & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 SUBJECT: CT 99-04 - LA COSTA OAKS SOUTH - MM&RP 4.4-B AND 4.4-D Dear Bryan: I have completed reviewing the two letters submitted to satisfy Mitigation Monitoring and Reporting Program Items 4.4-B and 4.4-D. The following information is needed in addition to those two letters: 1. Documentation to evidence ownership of the properties in question such as a copy of the recorded grant deeds. 2. An exhibit showing the location of each of the two properties as well as an indication of the grant deed applicable to each. 3. A copy of the escrow instructions or some other acceptable documentation evidencing the cost of the mitigation property. 4. Written documentation from the wildlife agencies verifying that these are the same properties that they indicated are acceptable in their March 30 1999 letter. Should you have any questions concerning this request I can be reached at (760) 602- 4612. Sincerely, Don Neu, AICP Principal Planner DN:cs Fred Arbuckle, Morrow Development Tim O'Grady, Morrow Development John Maashoff, Associate Engineer 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us miJASHENTHORN LETTER OF TRANSMITTAL To: Don Neu Of: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Phone: (760)602-4612 Fax: (760) 602-8559 From: Bryan D. Bennett Of: Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, CA 92008 Phone: (760) 438-4090 Fax: (760)438-0981 Date: 12/5/01 Time: 3:13 PM RE: La Costa Oaks South — MM&RP 4.4-B and MM&RP 4.4-D •.T-Vjv . • •< •..... ,• . ..... FORWARDED BY: 0 HAND DELIVERY D U.S. MAIL D FAX. D COURIER D PRINTER D PICK-UP Pages Description 3 4 Transmittal ' Letter from the City Manager - Letter from the Wi.ldlife Agencies ,'. •-COMMENTS: ;.-..:., ,: .-,...,,. . Please find the attached letters as documentation in satisfying mitigation measures MM&RP 4.4-B and MM&RP 4.4-D in relation to the Villages of La Costa HCP. If you have any questions or need any additional information, please feel free to call our office at (760) 438-4090. Copies to: File City of Carlsbad Office of the City Manager March 17, 1999 Fred Arbuckle President, Morrow Development - Villages of La Costa v; ^ PO Box 9000-685 I I; ; Carlsbad, CA 92018-9000 . : ; Dear Fred: Thank you for your letter of March 11, 1999, in which you list the assurances which are needed from City staff in order to finalize the offsite acquisitions in the unincorporated area southeast of Carlsbad. These acquisitions are being made in support of the HMP program and to fulfill obligations of Villages of La Costa HCP. As stated in your letter, staff cannot obligate the City Council but given our understanding and present knowledge of the status of the HMP, staff is prepared to make recommendations to the Council as outlined below: ; 1. Based upon studies prepared to date, field trips to the sites and discussions with the wildlife agencies, staff believes the two properties constitute suitable mitigation for purposes of the HCP and in support of the HMP program. Of particular importance to the City and a further basis for our support, is the fact that five or more gnatcatcher pairs have been identified on the most southerly parcel. This is needed for mitigation for the City's municipal golf course which is an integral part of the HMP program. " 2. Staff supports use of the $1 million obligation of the HCP by the Bank of America (RECM), as adjusted by the CPI, for acquisition of the two properties in the unincorporated core area. Staff also supports use of the $200,000 additional HCP obligation. However, the wildlife agencies have indicated that they do not support using the $50,000 of the $200,000 which is to be used for gnatcatcher studies to fund acquisition costs. Although staff agrees that utilization of these funds constitutes the full financial obligation for offsite acquisition by Bank of America under the terms of the HCP, use of the $50,000 restricted to use on gnatcatcher studies is subject to wildlife agency approval. 3. Staff recognizes that the acquisition of the offsite properties in the unincorporated area exceed the amount that Bank of America (RECM) is obligated to fund. Staff will need to review the escrow documents to verify the exact amount of the excess funding. Please provide the documents to us as soon as they are available. Once the amount is verified, staff agrees to propose a funding mechanism to reimburse Bank of America for any excess funds and any presently unfunded portion of the acquisition costs. As you are aware, the HMP program presently proposes the need to acquire a total of 296 acres of habitat land in the unincorporated core area. Besides the two properties presently in escrow (227 acres) and the 12 acres of additional onsite conservation in the Villages of La Costa which are being accepted by the wildlife agencies in meeting the HCP offsite acquisition requirements, an additional 57 offsite acres need to be acquired. 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (760) 434-2821 • FAX (760) 720-9461 Fred Arbuckle March 17, 1999 Page 2 The funding sources as presently proposed include the following: • HCP $1 million obligation by Bank of America (RECM) • HCP $150,000 obligation by Bank of America • Rancho Carrillo Mitigation Funds (In excess of the acquisition of 16 acres) • Upfront funding by Bank of America ($2,250,000) to be reimbursed • Municipal Golf Course Mitigation (40 acres) : . • Habitat Take Permit Fee It should be noted that the Habitat Take Permit Fee is just one possible alternative that is being reviewed by staff to assist in the acquisition need. Other alternatives are available including establishing the two properties being acquired by Bank of America^as a mitigation bank and requiring development in Carlsbad which impacts habitat to purchase credits at the two properties. Regardless of the final funding mechanism proposed krand approved by the Council, staff agrees that Bank of America should be reimbursed;for costs in excess of its obligation as described in the HCP. . .>;?-;<; f 4. Staff understands that according to the HCP and its Implementing Agreement the two properties will ultimately be held and maintained by a third party and the City; supports this course of action. It should be noted that the Implementation Agreement requires that before a third party takes over the properties, the party and the mechanism for funding long-term maintenance must be agreed to and approved by U.S.F.W.S. We also understand that all of the onsite habitat conservation lands within the Villages of La Costa will be handled in a similar manner. , : K. 5. The City staff has reviewed the RECM reimbursement costs associated with Rancho Santa Fe Road and the Rancho Santa Fe Road habitat mitigation requirements. Based on the information available at this time, these reimbursements are expected to total between $2 million to $3 million, the final determination is pending agreement on the mitigation requirements for Rancho Santa Fe Road. • ; " ' 6. Staff agrees to recommend to the City Council that the Villages of La Costa be designated as a "priority project". The priority designation would apply to the Master Plan and associated applications now being processed as well as subsequent tentative maps as long as the applications are being processed by Bank of America, "RECM" or Morrow Development. The priority designation would not be recommended if a subsequent application is processed by a new owner or a merchant developer, subdivider or builder. Priority processing includes allocating the necessary staff resources to process the application in an expeditious manner and, if subsequent revisions or additional information is required by staff, giving it a priority status rather than waiting until other pending reviews are completed. One of the additional considerations for staff support in designating the Villages of La Costa as a priority project is getting Poinsettia Lane completed as soon as possible. The construction of this east/west connector is a high priority for the City. We request your cooperation in getting Poinsettia Lane constructed in the very near future. 7. Staff agrees to process a permit to allow the clearing and grubbing of the approved, onsite impact areas within the Villages of La Costa contingent upon these areas being farmed or Fred Arbuckle March 17, 1999 Page 3 otherwise vegetated with appropriate landscaping. This contingency is based on our concern over stability and erosion of these areas and minimization of visual impacts. It is my hope that the above responses provide you and the bank with the level of comfort that you need to proceed with the acquisitions. If you have any questions regarding these responses, feel free to contact me, Marty Orenyak or Jim Elliott as appropriate. Thank you for your cooperation and assistance in moving the HMP program fand the HCP Implementation Agreement forward. Sincerely, RAYMOND R. PATCHETT City Manager c: City Attorney Administrative Services Director Community Development Director Planning Director ECEIVED m o "2 US Fish & Wildlife Service Carlsbad Field Office 2730 Loker Avenue, West Carlsbad, CA 92008 (760)431-9440 FAX (760) 431-5902 + 9618 March 30, 1999 CADept. of Fish & Game South Coast Region 4949 Viewridge Avenue San Diego, CA 92123 (619) 467-4201 £AX (619) 467-4235 Mr. Fred M. Arbuckle Villages of La Costa P.O. Box 9000-683 Carlsbad, CA 92108-9000 Villages of La Costa Off-site Land Acquisitions Dear Mr. Arbuckle: / r This letter is sent in response to your letter of March 15, 1999 requesting concurrence from the California Department of Fish and Game (Department) and the US! Fish and Wildlife Service (Service), (collectively, the Wildlife Agencies), that Real EstateCollateral Management, Inc.'s (RECM) proposed land acquisitions totaling 227 acres^ when completed, will fulfill all of the financial obligations set forth in the Villages of La Costa's (Fieldstone) Habitat Conservation Plan (HCP). You are also seeking our agreement that the two properties you currently have in escrow meet the biological requirements for off-site compensation lands required by the HCP. Our responses below follow in the same order as the issues listed in your letter. 1. Proposed Acquisition Properties. Staff from the Wildlife Agencies have visited the two properties proposed for acquisition by RECM and concur that these parcels are biologically of very high quality, both because of on-site biological resources and their key locations within the regional habitat planning programs. These properties will contribute significantly toward building the Multiple Habitat Conservation Program (MHCP) biological core area within the County and in establishing a critical habitat linkage between coastal north County and the biological core area in the Lake Hodges region. With this 227-acre acquisition, and the 12 acres vof additional on-site habitat conservation and the 12 acres of on- site modifications, RECM fulfills all of its off-site land acquisition obligations under the HCP. 2. Financial Obligations. The HCP Implementing Agreement (IA) requires RECM to contribute $1 million, as adjusted for the inflation, toward off-site land acquisition. In addition, $150,000 would be contributed to the City of Carlsbad (City) for completion of the City's Habitat Management Plan (HMP), and another Mr, Fred M Arbuckle March 30, 1999 Page 2 $50,000 contributed for research on the California gnatcatcher. RECM is seeking to use all of these funds for land acquisition. The Wildlife Agencies concur that the approximately $1 million (currently $1,050,000) and $150,000 allocations may be used for land acquisition, if the City concurs. However, we believe that the $50,000 allocation to be used for gnatcatcher research must still be used for research. Changing the allocation of funds from gnatcatcher research to land acquisition, as you request, may require an amendment to the HCP. We recommend leaving that allocation as originally detailed in the HCP and IA for gnatcatcher monitoring and dispersal studies in the MHCP core and corridors. ' '• The use of the $500,000 mitigation monies from the Rancho Carrillo project are not available for use by RECM to meet the off-site mitigation obligations of the HCP. Mitigation for one project cannot be used to meet the obligations of " - another. Our agreement with the City regarding the Rancho Carillo project requires the City to secure a minimum of 16 acres of habitat land within the MHCP core area with the $500,000 fund. In your letter you seek our concurrence that with the proposed land acquisitions "RECM will have completely satisfied all of its financial requirements as set forthin the IA." As mentioned previously, the proposed acquisitions would meet all HCP obligations regarding off-site land acquisition. However, other obligations relating < to maintenance of on-site and off-site lands, any on-site revegetation costs, wetlands mitigation, etc. are not fulfilled with the proposed acquisitions. IA Section V.D.2.a. states: " ...Fieldstone shajl have no further obligation to incur or "pay any costs or expenses with respect to tne Conserved Habitat and/or Offsite Mitigation Parcel, provided that, and subject to the approval of FWS, a source of funding has been established that will provide permanent funding in the amount of the aggregate of the costs set forth in the Budget." The Villages of La Costa - project is financially responsible for maintaining the conserved lands associated with the project until a long-term funding source is established for this purpose Again, in IA Section V.D.2.a. it states: "Upon conveyance of fee title and establishing a long-term source of funding acceptable to FWS for the permanent maintenance of ,<-. the Conserved Habitat and Offsite Mitigation Parcel... Fieldstone shall thereupon and without further action of the Parties be released from its obligations under the Agreement with respect to further maintenance of the Conserve Habitat and Mitigation parcel." The Wildlife Agencies are unaware of any long-term funding source that has been secured for this project. Reimbursement to RECM. The Wildlife Agencies understand that the RECM acquisition of 227 acres costs more than the financial obligations for the project set forth in the IA. However, we view the issue of reimbursement as one between the City and RECM, and not one that directly involves the Wildlife~Agencies. We will review any reimbursement mechanism the City incorporates into its HMP to ensure Mr. Fred M Arbuckle March 30, 1999 Page 3 that it meets State and Federal standards for implementation of Section 10 of the ESA and NCCP. Should the HMP not go forward, the Wildlife Agencies will seek to assist RECM in obtaining compensation for lands purchased in excess of the HCP obligation. 4. Clearing and Grubbing of the Villages of La Costa Site. The conditions of Wildlife Agencies' concurrence with clearing and grubbing of habitat lands on the Villages of La Costa are detailed in the HCP and IA. The following issues need confirmation or completion before we can concur with habitat removal: i) offer to convey on-site and off-site conserved lands to a third party acceptable to RECM, the City, and the Wildlife Agencies; ii) confirmation that an acceptable third party is willing to accept fee title to the conserved lands; iii) offer of conveyance of a conservation easement to the State of California acceptable in form to the Wildlife Agencies; iv) securing of a long-term funding source for maintenance and management of conserved lands; and v) the completion of items listed in the I A, Section V.5.C - including fencing the boundary of the on-site conserved-lands, pre- construction surveys to locate gnatcatcher nest sites, etc. Once confirmationAas been given to us that these requirements have been fulfilled, we-will concur with habitat removal : :? 5. The Wildlife Agencies acknowledge that the terms and conditions of the Villages of La Costa HCP and IA are valid and remain in full force and effect. If you have any questions regarding this letter please contact Bill Tippets (Department) at (619) 467-4212 or Sherry Barrett (Service) at (760) 431-9440). ;> ] ). Sincerely, Ronald D. Rempel Ken S. Berg Deputy Director Field Supervisor Department of Fish and Game U.S. Fish and Wildlife Service cc: Department of Fish and Game C. F. Raysbrook Bill Tippets David Lawhead San Diego Mr. Fred M Arbuckle March 30, 1999 Page 4 U.S. Fish and Wildlife Service Sherry Barrett Nancy Gilbert Michael McCollum McCollum Associates Michael Hpltzmiller Planning pepartment City of Carlsbad : FILE:Chron FIELDSTONELANDS.DNL TRANSMITTAL D TO: ATTN: FROM: RE: E V E L 0 City of Carlsbad Don Neu Tim O'Grady MM&RP 4.6-1 throuc P M E N T PHONE: FAX: DATE: |hj4>^ NO OF PAGES: (760) (760) 602-4612 602-8559 December 19, 2001 2 0 URGENT 0 PLEASE REPLY 0 FOR REVIEW AND COMMENTS X FOR YOUR INFORMATION 0 PHOTOCOPY 0 AS REQUESTED NOTES: I have attached a copy of a letter from Tom Demere of the San Diego Natural History Museum and a copy of his detailed assessment of paleontological resource potential in satisfaction of the above referenced mitigation measures. Both documents conclude that there is no need to conduct paleontological mitigation work during grading of the Oaks Project. Bryan Bennett of Jack Henthorn & Associates will be coordinating with you to obtain your initials on the conditions of approval matrix. C. Bryan Bennett 1903 Wright Place, Suite 180, Carlsbad, CA 92008 Phone: 760 929-2701 Fax: 760 929-2705 SAN DIEGO NATURAL HISTORY MUSEUM BALBOA PARK - SAN DIEGO SOCIETY OF NATURAL HISTORY - ESTABLISHED 1874 RECEIVED 13 December 2001 fl£€ 1 ? 2001 Mr. Tim O'Grady Morrow Development 1903 Wright Place, Suite 180 Carlsbad, CA 92008 RE: Paleontological Mitigation - The Greens, The Ridge, The Oaks Dear Tim: Please find enclosed my proposal for conducting paleontological mitigation work during development of The Greens at Villages of La Costa project site. This proposal represents a not-to-exceed scope of work and budget and assumes that fossils will be discovered during site monitoring. In the event that no fossils are discovered or that only minimal discoveries are made, the actual costs will be less. In regard to The Ridge and The Oaks project sites, neither of these project areas contain deposits of fossiliferous sedimentary rocks. Because of this existing condition, it will not be necessary to conduct paleontological mitigation work during development of these projects. I provided a more detailed assessment of the paleontological resource potential of all three projects in my assessment report dated 1 July 1999, a copy of which is attached. If you have any additional questions, please feel free to contact me at the Museum; (619) 255-0232 or tdemere@sdnhm.org. Sincerely, Thomas A. Demere, Ph.D. Director, Department of Plaeontological Services Post Office Box 121390 * San Diego, California 92112-1390 * Telephone 619-232-3821 * FAX 619-232-0248 * www.sdnhm.org sOJOvl O)COCL in CO CM Oil c\jin o 03C- o 3O)(UL. OTO<n Source: Hunsaker & Associates mix Master Wetland Exhibit LA COSTA OAKS AND RIDGE Sheet3 of to figure 4b c -<a<a - <o oTO <u O)COQ_ If) CO CM COO) CMin OJ O CO .Q O O><uc. cut)COtn PROJECT ^TBOUNDARY-^ !• WATERS OFTHEU.S. 1.51 WATERS OF THE tf.S. Source: Hunsaker 8 Associate's Sheet 4 of 10 HELIX Master Wetland Exhibit LA COSTA OAKS AND RIDGE Figure 4c c0)<a 0) CD03Q. in CO 03OJ oo CO05 •* OJ ra CJ :Cocffl o <uc_ o CO Source: Hunsakar & Associates HELIX .V'N-po/nPROJECT BOUNDARY Master Wetland Exhibit LA COSTA OAKS AND RIDGE Sheet 5 of 10 figure U <uCO <0 CM03 <UCD CDQ. in CO CM 9! CJUl r:o <a £3 c.o <uoCO -PROJECT BbUNDAKY Source: Hunsakar 5 Associates PROJECT. BOUNDARY flfliX Master Wetland Exhibit LA COSTA OAKS AND RIDGE Sheet 6 of 10 Fpefe c<D CO CO03*-*COra <uO)COC_ a CO cu COen CV)IT) octo £1 >>c_o4J COr-H <OL. (U OCOen PROJECT BOUNDARY Source: Hunsakor & Associates mix Master Wetland Exhibit LA COSTA OAKS AND RIDGE Sheet 7 of 10 figure K cCD<a S <u CDfaa. 03 03CM 00in OJ o COc. O COi-H 3 <DaCO<n PROJECT BOUNDARY Source: Hunsaker & Associates HELIX Master Wetland Exhibit LA COSTA OAKS AND RIDGE PROJECT BOUNDARY Sheet 8 of 10 figure CO CO coco uiCJ <Da><Ba. in00 rtCM COcn coin CM O CO O CD O) 0COtn3 <t' WATERS. OF THE U.S. •PROJECT BOUNDARY < 1' WATCRS OF THE U.S. .<VWATERS-CFTHEUS. < 1' WATERS OF THE .U.S. Source: Hurvsaker & Asscxlatas HELIX Master Wetland Exhibit LA COSTA OAKS AND RIDGE Sheet 9 of 10 fipre tt <u CO com <o CD COa. 03at rj-CM co07 COin co T~CM o CO S3 O 3 O> COc. <D OCOtfl O) V WATERS OF THE U.S. WATERS'OFTHE U.S: PROJECT BOUNDARY V WATERS OF TH£U.S. Source: Hunsakar & Ascociatftfi Sheet 10 of 10 HELIX Master Wetland Exhibit LA COSTA OAKS AND RIDGE I 0 M 1903 Wright Place, Suite 180 Carlsbad, CA 92008 phone: 760 929-2701 . . fax: 760 929-2705 December 27,2001 Mr. Don Rideout Mr. Don Neu City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Mr. John Martin US Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Mr. David Lawhead California Department of Fish and Game South Coast Region 4949 Viewridge Ave. San Diego, CA 92123 - Dear Sirs: We are in the process of obtaining our grading permits from the City of Carlsbad and we are not certain as to when we will obtain these permits. We are, however, scheduled to commence removal of vegetation through mowing on January 14th or 15th; next Monday or Tuesday. As you know, we have been in contact with all of the above offices regarding the necessary documents to offer the habitat on the Villages of La Costa Oaks and Ridge Property in an effort to complete our responsibilities under the approved HCP/OMSP. I have attached copies of an Irrevocable Offer to Convey Real Property and a copy of a Conservation Easement Deed. These were created based upon documents that have been approved by CDFG and USFWS agencies during recent habitat conveyances to the Center for Natural Lands Management (CNLM). We will be recording these documents the end of this week or the first of next week as we begin mowing the habitat. We will also establish an endowment through CNLM for the purpose of initial start up costs together with long term costs of management of the first area of conserved habitat; the amount is a total of $891,962. I have also attached copies of the Property Analysis Report wherein this amount is stated. It is my understanding that the CNLM is approved as the Managing Entity for the Conserved Habitat. We have forwarded to you copies of their acceptance of this obligation. It is my understanding that everyone approves the use of Helix Environmental as the monitoring biologist. They will be under contract for monitoring work prior to the commencement of mowing operations. We intend to deliver a check in the amount of $50,000, to the USFWS payable to their Wildlife Foundation. The Foundation will hold the money until USFWS designates the appropriate entity to perform Gnatcatcher research. The obligation to pay the City of Carlsbad $150,000 for preparation of the HMP is being met through acquisition of offsite habitat as approved by all of the above agencies. Unless notified otherwise we will proceed with the offers, conveyance and funding obligations as set forth above and commence clearing on Monday or Tuesday, January 08, 2002. Thank you for your cooperation in this matter. Sincerely, Fred M. Arbuckle President, Morrow Development Cc: R. Rouse Jim Jackson 12-29-2001 10:16AM FROM CTR NATURAL LAfd MGT 760 731 7791 Section 8 - Initial & Capital T^sks and Costs Property Tjae: La Costa Randwos-Morrow Dataset CA003 PAR ID: P0051201 P. 2 12/28/2001 ftJudgefc Phase Budget 001 Cans ana KIQQQ^I ^^^^^^^^^^^^^•••B Task list ACQUISITION Inspection UpalAwfatanc* SubTcW 1^^ Spedficaton Unit Pfupdty fcgpflcfion L, Hom PrepwWrevtewekxwmerta C,How« Number ofUrtfts 0.00 10.00 Cost/ Unit 45.00 120.00 Annual Times Coat Yeare 270XX) 1,200.00 1.0 1.0 —•• Total Cost 270.00 1,200.00 1,470.00 SITE CONSTRlXJTIONflWAlNT. lode Sub-Total BIOTIC SURVEYS Prefoct Management Plant Ecotogfet f*| | «^_ -1 , aPlant ccomoty WWifeBiotogW Hwpctotogtet Hopetotofltat Mammafafllat Ort*twtogwl Other Sub-Totsl f^jdloclc Bam Cf ArV]fVite%A^W!fftVlftf> 1 ft^VlffVo<j|w9 nvQrvMAVHfGRv L. nmiy Sanrtivw Spadax Sunwys L Hours HatA^t WHtycis L Hour> G«nefal5ucveye LHoure Set up arrays. 1«yoar Kern Chd6k pit fen Busy iD d/^f O. Hou& Sme* Mamma trappft^ L Hours PtCoorfa/CAC^monft LHow? 4.00 16^X3 30.00 gbJB *f*30.00 30.00 aTo 40.00 50.00 100.00 OJ50 19JOO p 35.80 35.80 35^0 35.60 5/300.00 4SXX3 3&80 35.80 5^00.00 76.00 S7Z80 1/J74.00 1X174.00 1^74,00 3^0000 1,600.00 1,790.00 3^9QJOO 2^00.00 1-0 ZO ZO ZO ZO 1.0 ZO 1,0 2.0 1^> 76.00 78.00 i»l4S.eo 2,148.00 2.148-00 Z148.00 3,500.00 3,600.00 1.790.00 7.160.00 2,500.00 26,139.60 HABITAT RESTORATION RwtowSonPbn n, .J,ki f I fin >•) ••in ill JPiquet Manigffnani RovUgetaOpo Bwfc Plant Control ExofcPtont Control Sub-ToW Final Plan/Report LHootv SupaniH/boardirate L Hours ftavtfj Entanco Mttn rwnci RQIWVIH, uibof L. Houvs Hert**te41«eoft. Gal 8.00 e.oo 1.00 20.00 zoo 35.80 35.80 3500.00 35,80 108.60 286.40 266.40 3^500,00 716A) 217.20 1.0 1.0 1j0 ZO ZO 28&40 268.40 3,500.00 1,432.00 434.40 5,638^0 HABITAT MA/NTENANCE Btuah Mcragomott St*>-Tobl Fu4Mo*fc*kn Item 1XX)ZOOOXX)ZOOO.OO ZO 4,000.00 4,000.00 Property AnaJyste Reoorf ZO (C) 1S9& Center far Natural Lands Manaoement 42SE.AMra*>St, Suft»H, Faflbrcok, CA 93028-2960 Sect.8 12-29-2001 10: 17AM JTR NATURAL LAND MGT 760 731 7791 P. 3 Task list PUBLIC SERVICES Access Control T»B sign So* Sign, Redwood Wwprettve Utorrturo WefprefotUtettSurfc Communty Outreach W Specrficaton Enfarcww* Maintenance Bouwfa<ye"X13JS- Sfeqpotes W«pfB(Jw4tX6l Labor CopiM Meetings Unit LHours LHoun fatn Kern Hern LHoura Page LHours Number ofUnHs 100.00 8,00 . 50.00 sooo 1.00 8.00 250,00 30.00 Unit SSJ80 35j80 525 7.00 350-00 35.80 WO 35^0 Annual Times Cost Years 3,580.00 266.40 26Z50 350.00 350.00 286.40 25^0 1.074.00 1.0 2.0 2.0 2.0 1.0 IJO 1J) 2JO Total Cost " 3.580.00 572.60 525.00 700.00 350.00 266.40 25.00 2.148.00 Sub-Total GENERAL MAINTENANCE Hvuln0, Truck Tfucttoodofttaahtoitump R*iv Sub-Total 1.00 50.00 50.00 2.0 REPORTING D3tab«* Management Data Input /Vedd Photo, z«t*cofar Annual Report*Agency Report Planttid PAR Bucket tnUdl Report Stfr-TotaJ OFFICE MAINTENANCE T*fephoneChwo<»,Anni»J Office Copier Pttone Charged Supptes Copier. 15-18 pprtt Wc«»oft Office Pkg Laaer Printer Other Sub-Totat FIELD EQUIPMENT V«Wde PtfmPtotfcir SaW work LHows Person Pereon Retn ttam ton Kant 16.00 0,50 050 055 0.50 0.50 0.50 3S^O 240.00 250.00 3,8334)0 200.00 350.00 600.00 572.60 120.00 125.00 958,25 100.00 175.00 300.00 2.0 ^0 2.0 1.0 1.0 1.0 1.0 1.145.60 240.00 250.00 958J2S 100.00 175-00 300.00 VcWcte Vshiote Insurance Chemical grayer Subtotal Scnat pfcskup Mtoa^e 3750mf15m UatntMonce mauranw Ot U LjdiJu 1 u SOMon ttm ifeal 0afcns Y«ar Y«ar • UglfHt pwm 050 200.00 0.2S 0.50 f\CX\VWM 1.00 16,000.00 2.50 400.00 1,10000 ^V>fmOQAJtiA/ 55.00 6,PODXX} SOODO 100.00 550.00 4fV)M)lOO.WJ 55.00 1.O 2.0 1.0 2.0 oAZ.U 1.0 8,00040 1,000.00 100.00 1,100.00 |**U *ykOOvt\AJ 55.00 716.00 71&00 2,600.00 716.00 214.80 358,00 716.00 572.60 120.00 125.00 956^5 100.00 175.00 300.00 6,000X0 SOODO 100.00 550.00 180.00 S5.DO 2.0 2.0 1.0 2.0 2.0 1.0 1.0 2.0 ^o 2.0 1.0 1.0 1.0 1.0 1.O 2.0 1.0 2.0 2.0 1.0 t004» 100.00 LHoujs LKoun item L Hours LHows LHoore L,Hoon 20.00 20.00 1.00 20.00 6JM 10.00 20.00 3530 35.80 Z500.00 35.80 35.80 35.dO 35^80 716.00 716XJO 2,600.00 716.00 214.80 358,00 716.00 2.0 2.0 1.0 2.0 2.0 1.0 1.0 1,432.00 1.432JJO 2,500.00 1,432.00 429.60 358.00 716.00 6,299.60 3.168.85 10,615.00 42SE.Atvarwk.SL, Suite H, F»9bwk, CA 92028-2960 Sect.8 Page 2 12-29-2001 10:17AM FROM,NATURAL LAND MGT 760 731 7791 P. 4 Task list OPERATIONS Audit Cootracta Oocumenta/CfoelngCoete Endowment Insurance Accounting UgaJFund Property TW ExBtrtpfpn SupwvworSfcVW Empty* Reports Oft* aiwr*. Spetfficaton Untt CPAAUcW Item Produce contracts L Hours R4COM docunttdte L. Hours Proc^sa endowment LHottf* G«n«« Item CorwiifaH Mvyww^rwi I Mmmk E«tab«6hftind 1% endow. Ffe LHoure Site wail* LHoure QyartwV Reports L, Hours R&D 1%mdow Number of Units ijods.00 16.00 8.00 8.00 700XX) 18.00 . aso 4.00 4X10 4.00 050 cV Unit 0.33 45.00 45/» 3&00 1^5 35-00 13,000.00 35.00 60.00 35.80 13,OOaOO Annual Times Cost Years 363^5 720.00 300.00 260.00 875.00 63000 (£00.00 140.00 240.00 14320 6.500.00 1.0 2.0 1.0 2.0 2.0 2.0 1.0 2.0 2.0 2.0 to Total Cost 3S3JS5 1.440.00 380.00 560.00 1,750.00 1^60.00 6.500.00 260X10 480.00 236.40 6.SOO-00 18.799.65 CONTINGENCY & ADMINISTRATION Conthflwey Sub-Total Tow 8.77ft51 MJj f%jtO ^421;246.41 3Q#25.92 117^21.02 Property Awfra* Rccwd ZO (C) 1999 Canter for Natural lands Management 425E.Atonu*>St, StifeH, FaStxoofc, CA9202S-2960 sect.8 Page 3 12-29-2001 10= 18AM FROM^R NATURAL LAND MGT 760 731 7791 Section 9 - Ongoing Tasks^md Costs w Property THte: La Costa Rancheros-Morrow Dataset CA003 PAR ID; P0051201 Budget Phase Budget 001 Oaks and Ridge P.B 12/28/2001 Task list Spedficaton UnR Number of Units Cost/ Unit Annual Divide Cost Years Total Cost SITE CONSTRUCTION/MAINT. Lock SuMotal BIOTIC SURVEYS PtOin^LbwviwiKW^ Pta*Bo^*l^ HanlEcoloflW WWRfeBtotoflirt Heuxtofogbt ManuMtogM Ontthobgtet Other Sgb,ToW Padoek rwtvvflnjlystt General Survey* C^gkpttt9B«Tay,10<Vyr Smafl Mammal tapping rnCcorts/CAGNmortl A<taptiv6 Mamgwnonl Kom LHoure L Hours L Hairs C. Hours LHoure L Haunt Kern 4.00 16.00 3OOO 30.00 40,00 saoo 100J» 0.50 19.00 35.80 ^R fwv•KjBO 35.80 3SJO 45.00 35.80 35.80 5,000.00 76.00 572,80 4 fftjt Aft1^374.00 1,07400 1,074.00 1,800.00 1,790,00 3,580.00 2.5oaoo S 1 10 1520 1550 572.80 1,074,00 1,07400 1,07400 1.800.00 1. 790.00 3.580.00 250.09 11^1480 HABfTAT RESTORATION t*n ' 1 Uiu LAJ tuiTU r Jproject Mm*0wwM ExrttePtam Control E**c Plant Control Sub-Total uponflscfGuDnHHiw RcV^BQ Ehbwctt Hand Rftfittvol, Lsbor rterbfc**»41%con. U Hours M^^.Bem LHour* Ool. 600 4 tV\1.00 20,00 2.00 35.80 2,OOOJOO 35,80 108.60 296-40 2,000,00 716.00 217^0 1 2 1 2B6.40 400.00 359.00 21750 1^61.60 HABITAT MAINTENANCE Bruih Management SufrToW PUBUC SERVICES AcoflW Oorthol Trtfl Sign Sign agn,R4dwood L f ntAira 1 b«r*1 t*WMpnnivo wcfflBwo InterpiflBwUoraiure CotnmwdtyOutraach FtidModKc^on Enfonxment Mdntertane* &Xlftd»ry8"X13.S* Slgnpotos MMpi«Gvg4X6' Labor Coffes Meatfi^a Mefln UHom L.HWFS Item (torn Hem L Hours Poso L Hours 1.00 100X0 8.00 50J30 50-00 1.00 8.00 250.00 30.00 2,000.00 35.60 35,80 &2S 7,00 3SOJX) 3SJ90 aio 35u60 2,000.00 3^80.00 2BSM 26150 350.00 350.00 266.40 25.00 1,074.00 1 1 1 10 10 20 3 3 1 ZpOQ.OQ 2,000.00 3,580.00 286.40 2625 35JO 17;50 95.47 8J33 1.074.00 Sub-Total S.12255 ptere I - Sect.9 Pagel 12-29-2001 10= 18AM FROM^CTR NATURAL LAND Task list Spetificaton Unit W3T 760 731 7791 Nurt156f C^B / of Units Unft Annual Divide Cost Years P. 6 Total Cost GENERAL MAINTENANCE HauBng, Track Swb-ToW REPORTING Database Management GISACAD Management Aerial Photo, 2 Mb color Annual Reports Annual WodcPfao Management Ptoo hrtMaftjgwiwttPWft Subtotal TrucMoadofti^sJttodump Data Input Digital or Sotoffite Agency Report Pton wrf PAR Budget Inaal Report Report R*rt LHoure LHoure (tern L.HOWS LHoure LHoiw L Hours 1JOO 20\00 20.00 1.00 20.00 6,00 10.00 2000 50.00 35.80 35.80 2,500X0 35.60 35^0 35,80 3S.80 50.00 716.00 716.00 2£00.00 716.00 214.60 358.00 716.00 . t 1 1 S 1 1 5 5 50.00 50.00 716.00 716vOO 500.00 716.00 214.80 71.60 14320 3,077.60 OFFICE MAINTENANCE Administrative Telephone Chop**. Annual Ottk»8uppt«*,Y0ar Copier Computer toftwtre La*sr Printer Otfwr Sub-Total FIELD EQUIPMENT VWfete VeWcte VeWcte Vrtfcte insurance CtfcutarPhooe Chemical Sprayer SUM** OPERATIONS Audit CodtrBCta EndcwifWfit Insurance Property Tax Exetnpftjn Supervisor StoVWt Employee Reports Operations Phone Charges &UooEeB••^"it ""• Copter, 15-18 ppm Microsoft OflfceMjJ HP Laser Jet 5L Prim Pilot tor field waric Small pfclojp l&eag* 3750 mMSm^got Mafnteflafwe Insurance fn nrui IIL\j«lfii_i MI «trlr)fi&jHOfnVf flmtfft SGaflon CPAAuift Pio4tK4 contracts rtrrynnn *l (Ittt ttr Jbuiuu tufXMmfm General Rto Stavfefe Quarferly Reports LHours Pwaon Person Mem Item ttem Item Item geJtorra Ywr Year Item teffl Kam LHoure L Hours ftem LHouw LHotw LHoura 16.00 0.50 0.50 0.2S 0,50 050 050 040 200.00 0.25 0.50 0.50 1.00 1^95,00 16.00 8.00 700.00 4.00 4.00 4.00 35.60 240.00 250.00 3,63^00 200,00 350^0 600.00 16,000,00 2.50 400.00 1,100.00 360.00 55X0 0.35 45.00 35-00 158 35,00 60.00 35.80 572.60 120.00 1254)0 SS8.25 100,00 175.00 300.00 8.000.00 500.00 100.00 550.00 160.00 55.00 38i25 720.00 260.00 875.00 140.00 240M 143.20 1 1 1 10 5 5 5 10 1 1 1 1 6 1 3 1 1 1 1 1 S72.BO 120.00 125,00 65.63 20.00 35.00 60.00 1,028.63 800.00 500.00 100.00 550.00 160A) 11.00 2,141,00 3632S 240.00 260JX) 875,00 140.00 240.00 I43a> Sub-Total Prop»rty AraVate Record 24) (C) 1999 Center far HarturaJ Iwte M«wg«m«* 42SEAJvar*foSt.) SuB«H, FafUwx*, CA 92028-2860 Sed.9 Page 2 t-KUM CTR NATURAL LAND MGT 760 731 7791 p 7 A Number Cgfc/ Annual Divide T0ta| Task fist Specificato^ UnK of Units Wd Ciost Yeare c^ CONTINGHNCY & ADMINISTRATION 6,980.08 38,707.61 425 e.ActVJsrsdoSt, Suite H, FaKxook, CA9a32&»2960 12-29-2001 10: 19AM FROM M<?VUVM iv • i iiieuivsieu Property THte: U Costa Rarwheros-Morrow NATURAL LAhO MGT 760 731 7791 p. 8 ^PDataset CAD03 PAR ID: P0051201 12/28/2001 Phase Budget 001 Oaks and Ridge Rate. INITIAL FINANCIAL REQUIREMENTS I & C Revenue I & C Management Costs i & C Contingency Expense 10.00 Total I & C Management Costs I &C Administrative Costs of Total I &C Management Costs 22.00 Total I & C Costs Net I & C Management and Administrative Costs ANNUAL ONGOING FINANCIAL REQUIREMENTS Ongoing Costs Ongoing Contingency Expense 10.00 Total Ongoing Management Costs Oi^oing Administrative Qog^ # y^i Ongoing Management costs 22.00 Total Ongoing Costs ENDOWMENT REQUIREMENTS FOR ONGOING STEWARDSHIP Endowment to Provide Income of $38,707 Endowment per Acre is $707. Ongoing Management Costs Based on 5.00% of Endowment per Year. Ongoing Management Funding is $38,707 per Year Resulting in $35 per Acre per Year. TOTAL CONTRIBUTION 891,962 Total$ 0 37,705 8.780 96.575 21,247 117,822 117,822 28,843 2,884 31,727 6.680 38,707 774,140 SufieH, FaStax*. CA9202&-2960 Secl.10 Page 1 12-29-2001 10:23AM FROM £TR NATURAL LAND MGT 760 731 7791 Section 8 - Initial & Capital rasks and Costs Property Title: La Costa Rancheros-Morrow P. 2 ^Budget Phase Budget 002 Greens and Off-sfte^^ ••^^•^•^•^^^^•^^^^^^^^^^^••^1 Task fist ACQUISITION Legal Awbtenca Sub-Total ^^VMMMq^^^^^^^^^g^l Spedficaton PiBpweAevhw documents ~*Unit C.HOW* Number of Units 2.00 Cost/ Unit 120,00 Annual Times Cost Years 24OOO 1.0 Total Cost 24QJOO 240.00 STTE WNSTRIJCT1OWMAINT. Gate, Bow Gate Fence Sub-Total BtOTIC SURVEYS Rant Eookgbt Plant EootoflW VWflHeBWosrfst HerpetMo0tet Herpatotogtet Minvmriogiat OmBholgglst Other SUbTotal Powder Ww, Bow (retail & maintain off-site SaneWwSfwctes Surveys Habfcatanalyws Gcnefal Surveys S«t up arrays, 1st yaar Chech pit fafl array, 10 «0yr <~~ blf It II TQfHW MoWiw Hi>H>W y PtCowte/CAGNmor* Adapftte Management Mom Un.Pt LHburs L. Hours LHput* Item C.Hourk L Hours LHours teen 2X0 4,000X10 30.00 30.00 30.00 0.30 40.00 30.00 60,00 050 925.00 3.00 3530 3S30 35.80 5,000.00 45,00 35,80 35£0 5,000.00 1^50.00 12,000.00 1,074,00 1.074.00 1.074.00 1,500.00 1^00.00 1.074XK) 2.148.00 2,500.00 1.0 1.0 2.0 ZO 2.0 1.O ZO 1.0 2.0 1.0 1350.00 12,000.00 13^50.00 2,148.00 2,143.00 2,148.00 1,500.00 3,600.00 1,074.00 42961QQ 2,500.00 19,414.00 HABrTAT RESTORATION Exotic Plant Control EwBc Pfant Control Stib-ToW PUBLIC SERVICES ACCOM Control Tnri SSgn Sign Sbn, Redwood Wtonxefo* Iterator* Interpret Lfcratura comnnmit/Outreacri Hand RenxwJ, Ubor He»t*«e41%ecn. Errforcwnent fcWl*Jf»OC» Boundary S*X 135* Slgopotec lmerpreGv«4Xe> tabor Copfe* Maedn0a LHours GaL LHcure (-Hours Hem tern Rent LHoum Page LHttJTs 20.00 240 €5.00 8.00 6000 50.00 1.00 8-00 2SOjOO 30.00 3580 108.60 3&80 35.80 525 7M 350.00 35,80 0,10 35.80 716.00 217^0 1^60.00 286.40 26250 350.00 350.00 28&40 25X10 1.074410 2.0 20 1.0 ZO 24 2.0 1,0 1.0 1.0 2.0 1,43200 434.40 1,866.40 1,868.00 57280 S25.0Q 700.00 350.00 286.40 25.00 2,148,00 Sub-Tow 6.57&20 Property Anarysfc Record 24) (C) 1889 Center tor Natural Lands Management 425E.AtaHadoSt, SufteH, FaBfarook, OA 82028-2900 Sect.8 Page 1 1 '£-£d-<3&a \ IWr^SAM hKUM^IK NAIURAL LAND Task list SpcdHcaion Unit GENERAL MAINTENANCE HatlSflg, Track Tnwktoadofljashtoiftmip Hem Sub-Total REPORTING Database Management Data Input LHoUB »>» k i»t • * A *s a ft A J litdS/CAD wUttgtinere Pm Management L,now$ AnmrfWortcPfen Pttnmd PAR Bucket L Hours 1 f BI IN flBiriHrit ft nn LttFirif Fffrrwirf f 1 li"rfrrtMRnsQQnWff riWI m«W KvpOn (^. nQUT» FlfeManaaettwuPfcm Report L Hoots Sub-ToW OFFICE MAINTENANCE FBcMacMne Stanctert Ram , —^^ * • • n rnrt k n t- nCOfltfXBw, PC *. MQfW^ DUI niilZ rfifwUnl Hem S«b-T«* FIELD EQUIPMENT VeWcte KW«ge 3750n^1Scw^sd galbitt Vehtete Mwrwowce YWT Sub-Total OPERATIONS Inouance Oatienr torn Leg^Fund Establish ftmd Utartdow. EmpioyBe Reports CMartwtjr Reports L: Hours Other R&D 1%***jw Sub-Tow CONTINGENCY & ADMINISTRATION J-urirQjiwuyenty Aoministnnan sub-ToW Total MGT 760 7 Number of Unite 1.00 10.00 50.00 e,oo 30A> 20.00 aso OJSO 60.00 nocU^A 3&5.00 0.50 4.00 0.50 31 7791 C^9 Annual Times Unit Cost Years SOOO 50.00 2.0 35.80 358.00 2.0 3S.80 716.00 2.0 95.80 214.80 2.0 35^0 1.074.00 1.0 35.80 716.00 1,0 200.00 100.00 1.0 2,000.00 1.000,00 1.0 250 123.00 2.0 400.00 100,00 1A 1,25 493.75 ZO 13,000^)0 6.SOOJX) 1.0 35.80 143.20 2jO 13.000DO 6,600.00 1.0 P. 3 Total Cost•• 100.00 100.00 716JO 1/f32X» 429.60 1,074.00 71&00 4.367J60 100.00 1,000.00 1.10000 250.00 t IV\ Af\100,00 351X00 087.50 6^00^0 268.40 6^00.00 14^734» 6^13,81 154X57.42 21J251.23 63^89.33 Proporty Analysis Record 2X> (C) 1999 Center for Natural Lands Management 42$E.AIrat**>SL, SuteH, FaflWook; CA $202^2960 Sect.8 Page 2 Task list SpecJficaton UnK Number of Units Cost/ Unit Annual Divide Cost Years Total Cost SITS CONSTRUCTION/MA1NT. Ferte* Gate, BdW Gate Fence Sufe-Totd B1OTJC SURVEYS Ptvtt EcotogM fHar.1 fn.Jj-u.ijifrWHHCvQHgiK WiJdBfe Wolopjta HetpetobflW Mammatafltet OmBbotogfet AIL-,.Owr sub-Total maintain fencing cant Powder Rfver, Bow Iratt&nntrtMrtaCMta SonsiOw Spcdes Surveys H4»ftii wtuytto Owwal Surveys Check pR lag arny, 10 d/yr SmaSMsmnal trapping PtCounts^AGNmom MapwalAWteflttftuni Un.FL Item UI.FI LHOUft) 1 j Inl nilL.rnura> L. Hours C.Houre L. Hoors L. Hours Mrir-,Rent 6,000.00 2.00 4,000.00 30.00 30.00 3aoo 40.00 30.00 60.00 0,50 12.60 92S.OO 3.00 35.80 fmrr f^\3539 35^0 45J» 35LBO 35,80 £ tW\ f^\5,000,00 100,000.00 1^50.00 12.000^0 1,074.00 1,074.00 1.074.00 1,800.00 1/174.00 2.148^0 2,600,00 25 35 35 1 1 1 1 1 1 10 4,000.00 62.66 342.86 4,395.72 1.074.00 1,074.00 1,074.00 1. 800.00 1,074X0 2.148,00 250.00 &.494.00 HABTTAT RESTORATION Exotic plant Cortrd EfflUcPfent Control Sub-ToW PUBUC SERVICES Aeon* Control Trol Sign Sign Q0n, Ractftood Intspwflv* Literature trteipwtiw Utertahim Community Outnach Hsntf ReRMval, Labor HcrWckte4l%c«i. Enforcement MaWttanc* BoUft(tey8*Xl3.5" signpotea intwpdative^Xff Labor CopiM Mwttng* LHoura Gtf. LHoure LHoure Item fern tan LHotu* P«g« L. Hours 20.00 2.00 55.00 ejoo 60.00 50.00 1.00 aoo 290.00 30.00 35DQ . 106.60 35.80 3550 5.25 7X» 350JOO 3&&0 aio 35.60 716JOO 217J2D 1^69.00 2«&40 262.SO 350.00 350.00 266.40 25.00 1.074.00 2 1 1 1 10 10 20 3 3 1 K8.00 217.20 57520 1^99.00 286X0 2625 35.00 17J50 ^.47 833 1^74.00 Sub-ToW GENERAL MAINTENANCE rock TnJc«oad<# trash to dump tern Sub-TotaJ 1:00 50.00 50.00 3.511.95 50.00 50.00 2- 42SE.Atvw9doSt, Suite H, Fattbrcok. CA 62026-2^60 Sect.9 12-29-2001 10=24AM FROM CTR NATURAL LAND MGT 760 731 7791 OFFICE I^AINTENANCE FaKMachtne StancJwd Computer, PC ft Moritor SOOmtePartMn SUb-TcM Bern 0,50 0.50 200.00 2,000X10 FIELD EQUIPMENT VeWcte VeWoto Sub-Total OPERATIONS MBwgs 3T50mri5mH9al M*W««nc» Year 50.00 02$ 250 -WO.OO Gwaral Quarterly Reports Sob-Total CONTINGENCY & ADMINISTRATION torn LHoure 400 1J25 35.80 tOO.OO 1.000.00 12S.OO 100.00 485.75 14320 5 5 p'• Task list REPORTING ^tebd86I*!l^!!^rfGIS/CAD Mflfl89°<l*H1 AwwsiJWtxkPfcn Management Pfaft Rre Management PBn Speciftcaton CW,.** Data Msnagwnwrl Pfan*ndPAR8ufcet to(HaiR«j»rt R<(XM UnH LHow» 1 tlf JMlA.u. ncwre LHOUT8 LHoure LHow* Number of Units •v^ fv\20.00 6X10 30-00 20.00 ^W/ Unit *^" A/\95.60 35.60 35-30 3S£0 Annual Divide Cost Yews 358.00 716.00 214.90 1.074,00 718.00 ^1 1 5 5 Cost 358.00 71WX) 214£0 214.60 143^0 20.00 200.00 220JJO. 125.00 100.00 22S.OO 463.75 14350 636J95 1^75.86 4,780^ 6.75S.42 Property AnaJ/sfa R«cotd 2.0(C) 1999 Cwtfar for NaturaJ Lwd» Managunwrt 42SE,AJvaradoSt, SufetH, FaBbroc*, CA 92028-2960 Sect.9 REPLY TO Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 16885 WEST BERNARDO DRIVE, SUITE 300A SAN DIEGO, CALIFORNIA 92127 December 28,2001 Morrow Development, Inc. Real Estate Collateral Management Attention: Fred Arbuckle 2300 Alga Road Carlsbad, California 92009 Dear Mr. Arbuckle: Enclosed you will find a signed copy of your Department of the Army Permit (File # 992005400-TCD). Please retain this copy for your files. Thank you for participating in our regulatory program. If you have any questions, please contact Terry Dean at (858) 674-5386. Sincerely, Mark F. Sudol, D.Env. Chief, Regulatory Branch Enclosure(s) Sent by: usace regulatory branch 213 452 4196;12/11/01 AD:06; Jgtfsi_#854;Page 6/36 LOS ANGELES DISTRICT US. ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PERMIT Permittee: Permit Number: Issuing Office: Morrow Development Inc Real Estate Collateral Management 992005400-TCD Los Angeles District 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: The proposed project consists of two sites, the Greens and Oaks/Ridge that together compromise 1,867 acres. Development of these properties is proposed as part of the Villages of La Costa Master Plan that will provide a total of 2,390 residential homes, community infrastructure and amenities including more than 834.6 acres of natural open space. The development of the Greens and Oaks/Ridge project will displace 5.9 acres of jurisdictional wetlands and 1.58 acres of non-vegetated Waters of the US. The Greens project site will provide approximately 1,038 residential homes, 10.5 acres of planned-industrial, a 7.9-acre community facility, a 27.2-acre park site, a 7.2-acre school site, and necessary circulation roads, bicycle and pedestrian trails, and will maintain approximately 212,3 acres of natural open space. The Greens portion would impact approximately 5-32 acres of wetlands and 1.03 acres of non-vegetated Waters of the US. Jurisdictional wetland habitat impacts consist of: 2.47 acres of freshwater marsh, 2.51 acres of southern willow scrub, 0,09 acre of disturbed southern willow scrub, 0.12 acre of mute fat scrub and 0.13 acre of tamarisk scrub. Jurisdictional unvegetated Waters of the US. habitats affected by the Greens project consists of 0,76 acre of open water and 0.27 acre of strearnbed. The Oaks/Ridge project would provide 1352 residential homes, a 6.4-acre community facilities site, and necessary circulation roads, bicycle and pedestrian trails, and will maintain approximately 622,0 acres of natural open space. That open space includes San Marcos Creek, the majority of the primary wetland drainage on site. An additional 85 acres has been added in Sent by: usace regulatory branch^ 213 452 4196; 12/11 /01 ip:07; Jfit&i_#854;Page 7/36 the western portion of the project and has been proposed for open space. The proposed Oaks/Ridge portion will result in impacts to approximately 0.58 acre of wetlands (freshwater marsh) and 0.55 acre of non-vegetated Waters of the US. (streambed). An additional 1,960 square feet (0.045-acre) of vernal pool surface will be affected. A total of 37.88 acres of wetlands and waters of the US, will be preserved on site. Federal (ACOE) jurisdktional impacts within the boundaries of the proposed Greens development consist of approximately 5.32 acres of wetlands and 1.03 acres of unvegetated Waters of the US. Jurisdicrional wetland habitats affected consist of: 2.47 acres of freshwater marsh, 2.51 acres of southern willow scrub, 0-09 acre of disturbed southern willow scrub, 0.12 acre of mule fat scrub and 0.13 acre of tamarisk scrub. Jurisdicrional non-vegetated Waters of the U.S. habitats to be impacted comprise 0.76 acre of open water and 0.27 acre of streambed. Federal (ACOE) jurisdictional impacts within the boundaries of the proposed Oaks/Ridge development consist of approximately 0-58 acres of wetlands (freshwater marsh) and 055 acres of non-vegetated Waters of the US. (srreambed). An additional 1,960 square feet of man-made, low-quality vernal pool surface area (0.045 acre) will be impacted. A total of 37.88 acres of wetlands and waters of the US. will be preserved on site. The work is to be performed as shown on the attached drawings, Project Location: in the City of Carlsbad in northwestern San Diego County, approximately 30 miles north of the urban core of the City of San Diego (Figures 1 and 2), The project site consists of two sites that together comprise 1,867 acres: the Greens and Oaks/Ridge. The approximately 660.7-acre Greens property is located north of Alga Road, and east of El Camino Real, south of the Bressi Ranch property (Palomar Airport Road), and west of Unicornio Street (Greens Figures 3 - 3h, 9 sheets). The approximately 1,205-acre Oaks/Ridge property is located north of La Costa Avenue and Sitio Baya, and is bisected by Rancho Santa Fe Road (Oaks/Ridge Figures 4 - 4i, 10 sheets). Both sites are within the Habitat Conservation Plan/Ongoing Multiple Specks Plan (HCP/OMSP) for Properties in the Southeast Quadrant of the City of Carlsbad, California (City of Carlsbad et. al. 1995). San Marcos Creek separates the Oaks from the Ridge parcels. The project is in San Diego County, California. Permit Conditions: General Conditions: 1. The time limit for completing the authorized activity ends on December 4, 2006. 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 Sent by: usace regulatory branch ^fc 213 452 4196; 12/11/01^0:07; jetEKL_#854;Page 8/36 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 aicheologkal 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 Pla«>cPlaces. 4. If you sell the property associated with mis 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. If a conditioned water quality certification has been issued for your project, you musl comply with the conditions specified in me 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. •< -I'.-^.-j /!,-:::-• • ,',Special Conditions: 1. You must lake the actions required to record this pennit 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 impact no more than the following within the boundaries of the proposed Greens development- 532 acres of wetlands and 1.03 acres of non-vegelated Waters of the US. Jurisdictional wetland habitats affected consist of: 2.47 acres of freshwater marsh, 2.51 acres of southern willow scrub, 0.09 acre of disturbed southern willow scrub, 0.12 acre of mule fat scrub and 0.13 acre of tamarisk scrub, Jurisdictional non-vegetated Waters of the U.S. habitats to be impacted comprise 0.76 acre of open water and 0.27 acre of streambed. The permittee shall impact no more than the following within the boundaries of the proposed Oaks/Ridge development: 0.58 acres of wetlands (freshwater marsh) and 0.55 acres of non-vegetated Waters of trie US. (streambed). An additional 1,960 square feet of man-made, vernal pool surface area (0-045 acre) will be impacted. The permittee shall fence (with silt barriers) the limits of the construction corridor to prevent additional waters/wetlands impacts and the spread of silt from the construction zone into adjacent waters/wetlands. If waters/wetlands impacts occur outside these limits, all work shall cease, and the Corps shall be notified immediately. Any waters/wetlands impacts that occur outside the fenced and marked limits shall be mitigated at a minimum 5:1 ratio, and shall be subject to the requirements of all the special conditions listed below. Sent by: usace regulatory branch 4fe 213 452 4196; 12/11/01 JAfOS; Jei&.x_#854;Page 9/36 3. The permittee shall mitigate impacts to waters of the United States (including 5.9 acres of wetlands and 1.58 acres of non-wetland Waters of the U.S): t Creation of 5.9 acres of willow riparian scrub and willow riparian woodland (1:1 replacement ratio) adjacent to existing wetland habitats along the primary drainage on the Greens project. • Enhancement of 5.9 acres of existing degraded wetland along the primary drainage on the Greens project by the removal of pampas grass, giant reed, palms, and other exotic species. The total wetland creation and enhancement component will mitigate impacts at a 2:1 ratio. • Creation of 2.6 acres of southern willow scrub in the south-central portion of the Oaks/Ridge project to offset impacts to 138 acres of non-wetland waters. Mitigation grading, planting, and irrigation shall begin by May 1,2002 or immediately after commencement of the impacts to waters/wetlands authorized by this permit, whichever date is later. 4. Final wetland mitigation plans and specifications based on the Villages of La Costa Conceptual Mitigation Plan (Helix Environmental Planning, Inc., August 9,2001) shall be submitted to the Corps for its review 30 days prior to initiating jurisdictional impacts on Oaks/Ridge phase and 30 days prior to initiating jurisdictional impacts on the Gnsens phase of the project. If the Corps fails to comment on such plans and specification within 30 days, the plan is deemed approved by the Corps. These final plans shall be prepared in accordance with the Corps' Habitat Mitigation and Monitoring Proposal Guidelines 0une 1,1993). The final plans shall include: a) All final specifications and topography-based layout grading, planting, and irrigation. b) A provision that all wetland creation 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 microtopographk relief (including channels) which mimics natural wetland topography. c) Planting pallets (plant species, size, and number per acre) and seed mix (plant species and pounds per acre). All planting shall be installed in such a manner that mimics natural plant distribution (e.g., random distribution rather than uniform rows). d) A provision thai on the first anniversary of the initial planting, all dead plants shall be replaced unless their function has been replaced by natural recruitment as verified by the Corps. e) A final implementation schedule that Indicates when all wetland/waters impacts, as well as mitigation site grading, planting, and irrigation will begin and end. Sent by: usace regulatory branch^ 213 452 4196; 12/11 /01j^:08; JfiffaL_#854;Page 10/36 f) Five years of explicit and measurable success criteria for wetland creation, restoration, and enhancement areas. The permittee shall conduct a minimum of five years of maintenance and monitoring of wetland mitigation areas. If success criteria are met earlier and all artificial water supply to the site has 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 final mitigation and monitoring plan, evidence of wetland hydrology and natural recruitment of native wetland vegetation must be present on-site in order to obtain final Corp approval of the mitigation areas. Annual mitigation maintenance and monitoring reports shall be submitted to the Corps (cc: USFWS and EPA). 5. Planting and irrigation shall not be installed until the Corps has approved the mitigation site grading. Hie permittee shall contact the Corps for verification of proper grading of the mitigation site a niinimum of 15 days prior to the planned date of initiating planting. 6. If changes are made to the mitigation design during its implementation, the permittee shall immediately notify the Corps. If changes are determined to be greater than minimal by the Corps, as-built drawings of the mitigation grading/ planting, and irrigation shall be submitted to the Corps within 30 days of implementing the redesigned mitigation. 7. The permittee shall staff a qualified biologist on site during all phases of construction and mitigation implementation to ensure compliance with the requirements of this permit, and shall produce a report that documents the timing and events of the final implementation schedule. The permittee shall submit 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 waters/wetlands impacts authorized by this NWP. The permittee shall report any violation to the Corps within one day of its occurrence. a. The permittee shall submit a report to the Corps within 30 days of completion of waters/wetlands impacts authorized by this NWP that documents compliance with all permit conditions. The report shall include photographs showing fenced and marked limits of impacts to all Corps jurisdktional areas, as-built construction drawings and a summary of all project activities. 9. The permittee shall not remove/impact vegetation from development areas from March 15 to July 31 to avoid impacts to nesting birds. Any habitat restoration and creation activities also shall be timed to avoid disturbance of Federally-listed and other migratory nesting birds (i.e., avoid disturbance from February 15 through July 31). However, the permittee may remove/impact vegetation within development and restoration areas during this time if a qualified biologist surveys the proposed work area immediately prior to the vegetation removal, and ensures no impacts to nesting birds will occur. The results of the survey shall be provided to the Corps for review prior to initiation of vegetation removal. 10. The permittee shaD ensure that water quality is maintained within the channel at and downstream of the project site by incorporating appropriate design elements into the project (e.g., maintaining a soft bottom channel, installing detention basins, etc.) Sent by: usace regulatory branch Jfc 213 452 4196; 12/11/01 J*|09; ;ei£fit_J854;Page 11/36 11. The permittee shall preserve in perpetuity all mitigation areas by placing a biological conservation easement in favor of an agent approved by the Corps (including CDFG) on these areas- The permittee shall submit a draft easement to the Corps prior to initiating wetland impacts. The form and content of the easement shall follow the enclosed example, and must be approved by the Corps prior to its execution. The easement shall state clearly that no other easements or activities which 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 10 days of receiving Corps approval of the draft easement. 12. The permittee shall post a performance bond (see attached form) 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), 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 me Treasury, Washington, DC 20227; (202) 874-6850. The permittee shall submit a draft bond with an itemized cost list to the Corps for approval 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 15 days of receiving Corps appipval of the draft bond. 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 U5.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. 6 Sent by: usace regulatory branch 4fc 213 452 4196; 12/11/01 ^10; Jei&i_J854;Page 12/36 * 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 publk 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 lime 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 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 Devaluation 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 Sent by: usace regulatory branch^ 213 452 4196; 12/11/01^:10; JgiEax_J854; Page 14/36 X^-xVX-v LOS ANGELES DISTRICT U.S. AKMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number. 992005400-TCD Name of Permittee: Morrow Development Inc. Real Estate Collateral Management Date of Issuance: December 4,2001 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: CESPLCO-R-992005400-TCD 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 mis 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. Real Estate Collateral Management Company,A Delaware Corporation By: MqrrpWi.Development, Inc., Its AgentyApplicant Signatv re tot Permittee Fred Arbuckle, Date President \1-\<b-°\ ic/it/ui iu:iu; /fittflx_ffBD4;h'age 13/33 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. Real Estate Collateral Management Company, A Delaware Corporation By: IBorresf^evelopment, Inc., Its Agent/Applicant _> _U; i Fred Arbiickle, President DATE This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. RSudot,D.Env. ^^ Chief, Regulatory Branch 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 win continue to be binding on the new owners) 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 Sent by: usace regulatory branch 213 452 4196;12/11/01 1^-11; Jfitfax_#854; Page 15/36 mix Regional Location Map VILLAGES OF LA COSTA Figure 1 Sent by: usace regulatory branch 213 452 4196;12/11/01^-11; JetffflLJ?854;Page 16/36 The Ridge Property The Oaks Property Source: USGST/rhrn'Quadranglss:•••^H • *---i-.;^'.' - - -••'.... HELIX Project Vicinity Map THE OAKS AND RIDGE PROPERTIES Figure 2A Sent by: usace regulatory branch 213 452 4196;12/1 : 12; Jfit£fli_#854;Page 17/36 PROJECT LOCATION Source: USGS 7.5 min Quadrangles: Eneinltaaand'RanchoSanta Fe. X^- HELIX Project Vicinity Map THE GREENS PROPERTY Figure 2B Sent by: usace regulatory branch 213 452 4196;12/11/01^-14; Jel&i_J854;Page 18/36 T&B Plartrtloo ConsUtants. Inc. ii r 1 1 w tl t L I A Key MaP to Wetland Delineation Areas THE GREENS PROPERTY Sent by: usace regulatory branch)213 452 4196;12/11/01^0:15; Jfilfsx_#854;Page 19/36 COMMUNITY FACULTY .- PLANNED} INDUSTRIAL Source: T&B Planning Consultants, [ft Wetland Delineation Within the Project Site THE GREENS PROPERTYDEUX Figure 3a Sent by: usace regulatory branch 213 452 4196;12/11/01 20/36 fe>;^\- -'-\•v- / • .<./•/.-., i':.A^re • / .1 /• /•.' f. i : i! FRESHWATER MASSH Source: T&S Planning Consultants, Inc. -1 Wetland Delineation Within the Project SiteHELIXTHE GREENS PROPERTY Figure 3li Sent by: usace regulatory branch(213 452 4196;12/11/01^0:16; JfitfM_#854;Page 21/36 LEGEND ": FRESHWATER tilAJ&SH SQRU& 1.6 MlN. 6,000 S.E LOTS 38.2 AC. 96 all's 1.7MIN. 5,000 S.F. LOTS Source: T&fl Planning Consultants* Inc. HELIX Wetland Delineation Within the Project Site THB GREENS PROPERTY FioureSc Sent by: usace regulatory branch Jfc 213 452 4196; 12/11/01^a:17; J!fitfss_#854; Page 22/36 Source: TfiB Planning Coflsgftants. Inc. Wetland Delineation Within the Project SiteHELIXTHE GREENS PROPERTY Figured Sent by: usace regulatory branch 213 452 4196;12/11/01^^:17; 7fit&a_#854;Page 23/36 ••••.'„ 1.D } > (HCPj Source: T&B Planning Consultants, HELIX Wetland Delineation Within the Project Site ' THE GREENS PROPERTY SOROS Figure 3e Sent by: usace regulatory branch 213 452 4196;12/11/01^:18; J&fia_#854;Page 24/36 FRESHWATER MARSH SOUTHERN WtLLbW Source: T&B Planning Consultants. Inc. J-. /f//f-,^L<g^J/':////flfr '/"' '/ J^J'^^.pjJ8^^ '' „....„ Wetland Delineation Within the"Project Site II HI A THE GRBBNS PROPERTY _^__Figure 3f Sent by: usace regulatory branch 213 452 4196;12/11/01^:19; Jfitfja_#854;Page 25/36 •v— . —fi 'FRESHWATER MA&SH HELIX ffpf: Source: T&B Planning Consultants. Inc. Wetland Delineation Within the Project Site THE GREENS PROPERTY Figure \\ Sent by: usace regulatory branch^213 452 4196;>: 20;26/36 FRESHWATER MARSH WILLOW SCRUB Source: T&8 Planning Consultants. Inc. HELIX Wetland Delineation Within the Project Site THE GRBENS PROPERTY Fipre 31) Sent by: usace regulatory branch^213 452 4196;12/11,:21; Jfit&i_#854;Page 27/36 Source: Kunsaker & Associates urn Master Wetland Exhibit LA COSTA OAKS AND RlDGB Sheet 1 of 10 Figure I co CO C\J <uen CO c\jco coen o caL. C. O <D C. <uoCOin Z WATERS OFTHEU.S1: 2-WATERS OF THE US. ... WATERS OF THE U.S. 1 £' WASTERS OFTHE U.S. 25'X1-5'WETLAND <1' WATERS OF. THE I* TERSOFTHEU.S. 3'WATERSOFTHEU.S. <1'WATERS OF THE U.S. PROJECT BOUNDARY- Source: Hunsaker &. Associates HELIX Master Wetland Exhibit LA COSTA OAKS AND RIDGE Sheet 2 of 10 tipe 4a <a