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
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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
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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
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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
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