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Home My WebLink AboutEIA 12-02; Phase III Recycled Water Project; Environmental Impact Report (EIR)r------------~;f"""''-------------~ ~ «~f ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits 0 Administrative Permit 0 Coastal Development Permit (*) 0 Minor D Conditional Use Permit (*) 0 Minor 0 Extension Environmental Impact Assessment D Habitat Management Permit 0 Hillside Development Permit (*) 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit D Tentative Tract Map 0 Variance 0 Administrative (FOR DEPT. USE ONLY) Legislative Permits 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 'E. U4 12: 0 l. 0 Specific Plan 0 Zone Change (*) 0Amendment 0Amendment 0 Zone Code Amendment (FOR DEPT. USE ONLY) South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor 0 Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. LOCATION OF PROJECT: STREET ADDRESS ON THE: SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) P-1 Page 1 of6 Revised 06/12 OWNER NAME (Print): C~ m IAJ D APPLICANT NAME (Print): k OOL..J Q / 6i l~ .PI~ rnW\ MAILING ADDRESS: ~(a ~'S -Fztr~d~ ~ MAILING ADDREss: Ho ~& ~cdd~ Ate, CITY, STATE, ZIP: C:~!.:L~loa d C. VT c!ii..foo~ ciTY. sTATE, ZIP: C~C' ls..b..d /' ~~2Llne TELEPHONE: I TELEPHONE: EMAIL ADDRESS: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. ~E BEST OF MY KNOWLEDGE. o~/~. ~~~~7:9,~ SIGNATURE DATE SJGI'ol.t>."l UKt: 0 , .,. -/ -,,,, DAT APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND A~D BIND ANY S~RS IN INTEREST. ~~~~/~< J.... PROPERTY OWi<JER ~A FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED JUL 2 4 2012 ClTY OF CARLSBAD PLANNlNG DIVISlON DATE STAMP APPLICATION RECEIVED RECEIVED BY~~ Revised 06/12 Notice of Determination To: Office of Planning and Research P.O. Box 3044 From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602.-4600 Sacramento, CA 95812-3044 SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 921 01 CITY OF CARLSBAp o 2 a 3 JAN 0 3 2013 NOV 3 0 2012 PLANNING DEPARTMENT Project No: E!A 12-02 Filing of Notice of Determination in co·Ib]ili:lmce-"i'rith-iSet!tkl>D-JZU08 or 21152 of the Public Resources Code. Phase III Recycled Water Project Mitigated Negative Declaration Project Title 2012091049 City of Carlsbad, Barbara Kennedy State Clearinghouse No. Lead Agency, Contact Person City of Carlsbad, San Diego County . Project Locations (include County) Name of Applicant: David Ahles, Senior Engineering, City of Carlsbad Applicant's Address: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 Applicant's Telephone Number: 760-602-2748 (760) 602-4626 Telephone Number Project Description: A Mitigated Negative Declaration for Phase Ill of the 2012 Recycled Water Master Plan (R WMP), which would expand CMWD's recycled water system to the north area of Carlsbad and begin initial expansion into neighboring water service agencies. The Phase JII project components would be completed between 2014 and 2020. The Phase III project would expand the treatment capacity within the Carlsbad Water Recycling Facility from 4.0 mgd to 8.0 mgd by installing additional filtration units and chlorine contact basins. The Phase HI project would also install 96,600 linear feet of pipeline, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area. This is to advise that the Board of Directors of the Carlsbad Municipal Water District has approved the above described project on November 27, 2012, and has made the following determination regarding the above described project. I. The project will not have a significant effect on the environment. 2. [2'J A Mitigated Negative Declaration was prepared for this project pursuant to the provisions ofCEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certifY that the final Mitigated Negative Declaration with comments and responses and record roject approval is available to the General Public at THE CITY OF CARLSBAD. /12.0>-/Z. Date Date received for filing at OPR: Revised 04/12 Mitigated Negative Declaration Case Number: EIA 12-02 Project rifle: . Phase Ill Recycled Water Project Project Location The Phase Ill Recycled Water Project (Phase Ill project) is located in the City of caHsbad (City) in the County of San Diego, California, within the Carlsbad Municipal Water District ~CMWDJ service area (see Figure 1). A small portion of the project (Expansion Segment 41\) is located in the City of Vista and a small component (Expansion Segment 5) is located in the d:ity of Oceanside. The project romponents will occur within public rights'-Of-way (ROW)•<lnd easements, with the exception of a porti<?n of pipeline that would extend across the La Costa Resort and Spa property. The locations of individual components are shown In Figure 2. The carlsbad Water Recycling Fatllity (CWRF) Expansion would be installed at thll existing CWRF, located at 6220 Avenida Encinas, carlsbad, CA, 92011. The new or relocated storage tank would be located at the existing "Twin D" tank site near the intersection of F'oinsettia Lane and Black Rail Road. Expansion Segment 1A {ES 1A) is located in existing roadways south of Palomar Airport Road, west of El Camino Real, and along camino Via Roble. Exp~nsion Segment 2 (ES 2) is located south of Agua Hedionda Lagoon, west of Interstate 5, along th~! Atchison Topeka & Santa Fe (AT&SF) railroad track and Avenida Encinas. Expansion SegmEmt 4A (ES 4A) Is located in South Melrose Avenue in the City of Vista, just east of the boundary;of Carlsbad 81'\d Vista. Expansion Segment 5 (ES 5) north and south of State Route 78 (SR-78) along the Carlsbad/Oceanside boundary, and along El camino Real to Kelly Street. Expansli~n Segment 7 {ES 7) is located south of SR-78, west of College Avenue, and north east of Carlsbl3d Village Drive. Expansion Segment 8 (ES 8) is located along El Camino Real between Avlai·a and La Costa Avenue and within the South La Costa Golf Course. Expansion Segment 9 (ES 9) is located north . I of Batiquitos Lagoon, west of Interstate 5, eastuf Highway 101, and sou~h of Poij1settia Avenue. Expansion Segment is (ES 18) is located southwest of Maerkle Reservoir along Pjalmer Way and Impala Drive. ' Description of Project Implementation of the 2012 Recycled Water Master Plan (RWMP) is divided intGi tnree phases: Existing {Phase I and Phase II), Phase Ill, and Build-out. The proposed project, Phase Ill, would expand CMWD's recycled water system to the north area of carlsbad and begin initial expansion into neighboring water service agencies. The Phase Ill project compor)ents would be completed between 2014 and 2020. The Phase Ill project would expand the tre~tment capacity (from 4.0 mgd to 8.0 mgd) within the CWRF by im;talling additional filtration units and chlorine contact basins. The Phase Ill project would also lnstall96,600 linear feet of pipelines, relocate or construct a new storage tank, convert existing potable water facilities to recy~led water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area (see Figure 2). CMWD Phase Ill Recycled Water Projects ISIMND PogeMND-1 Novernber27,2012 MITIGATED NEGAj'IVE DECLARATION Determination The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: .1:8] Although the proposed project could have a significant effect on the envinJnment, there will not be a significant effect in this case because the mitigation measure;; described on the attached sheet have been added to the project. 0 The proposed project MAY have "potentially significant impact(s)" on the )~rivironment, but at least one potentially significant impact 1) has been adequately anal;y~ed in an Earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attache>d sheets. (Mitigated Negative Declaration applies only to the effects that remained 'to be addressed). · 0 Although the proposed project could hi;lve a significant effect on the envir:onment, there WILL NOT be a significant effect in this case because al.l potentially signifi~ant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT R~PORT or NEGATIVE DECLARATION pursuantto applicable standards and (b) have b~en avoided or mitigated pursuant to that earlier ENVI~ONMENTAL IMPACT REPORT or *GATIVE DECLARATION, including revisions or miFigation measures that are impos~d upon the proposed project. Therefore, nothing further is required. · · A copy of the initial stu(jy documenting reasons to support tlie Mitigated Negativ;e Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: --~N~o~ve~m~be~r~2~7~.~2~0~12~pu~r~s~ua~n~t~t~o~C~M~W~D~R~e~s~ol~u~tl~o~n~N~o~.~14~5~5~.~~---------- ATIEST: President, Carlsbad Municipal Water District CMWD Phase Ill Recycled Water Projects IS/MND n-...... '~~If"'\ ., State of California-The Resources Agency DEPARTMENT OF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARl': LEAD AGENCY CITY OF CARLSBAD COUNTYISTATEAGENCY OF FILING SAN DIEGO PROJECTTfllE PHASE Ill RECYCLED WATER PROJECT-MITIGATED NEGATIVE DECLARATION PROJECTAPPLICANTNAME CITY OF CARLSBAD, DAVID AHLES, SENIOR ENGINEERING PROJECT APPLICANT ADDRESS 1635 FARADAY AVENUE PROJECT APPLICANT (Check appropriate bOx): ~ Local Public Agency D School District CHECK APPLICABLE FEES: 0 Environmental Impact Report fZI Negative Declaration CITY CARLSBAD D Other Special Districl CJ Application Fee water Diverslon (state Water Resources Control Board Only) D Projecls Subject to Certified Regulatory Programs fZI County Adminlstratlve Fee CJ ProJect that is exempt from fees D Notice of Exemption 0 DFG No Effect Determination (FormAHached) 0 Other _________________ _ PAYMENT METHOD: D cash 0 Credit 1ZJ Check D Other #237809 SIGNATURE X J. Samuela 120233 SD2012 0981 STATE CLEARING HOUSE #(lfepplic.3bre) 2012091049 'DATE 11/30/2012 DCCUMENT NUMBER *20120233* PHONE NUMBER 760-602-2748 STATE ZIPCCDE CA 92008-7314 D Slate Agency D Private Entity $2,919.00 $ ------- $2,101.50 $ ___ ..,:$::::2:!..:' 1,:_01.:.:.5::.:0:_ $850.00 s ------- $992.50 $ ------~ $50.00 $ ____ ...:$..:.50:.:·::..;00:_ $ _____ _ TOTALRECEIVED $ ___ _;,$2"'''-15_1_.5-'0- 11111111111111111 111111111111111 111111111111111111 ORIGINAL-PROJECT APPLICANT COPY~ OFG/ASB COPY -LEAOAGEt.:CY COPY -COUNTY CLERK FG 753.6a(Rev. 7108) c Notice of Determination To: Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 921 0 1 From: CITY OF CARLSBAD Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4600 Project No: EIA 12-02 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Phase III Recycled Water Project-Mitigated Negative Declaration Project Title 2012091049 City of Carlsbad, Barbara Kennedy State Clearinghouse No. Lead Agency, Contact Person City of Carlsbad, San Diego County Project Locations (include County) Name of Applicant: David Ahles, Senior Engineering, City of Carlsbad Applicant's Address: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 Applicant's Telephone Number: 760-602-2748 (760) 602-4626 Telephone Number Project Description: A Mitigated Negative Declaration for Phase III of the 2012 Recycled Water Master Plan (RWMP), which would expand CMWD's recycled water system to the north area of Carlsbad and begin initial expansion into neighboring water service agencies. The Phase III project components would be completed between 2014 and 2020. The Phase III project would expand the treatment capacity within the Carlsbad Water Recycling Facility from 4.0 mgd to 8.0 mgd by installing additional filtration units and chlorine contact basins. The Phase III project would also install 96,600 linear feet of pipeline, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area. This is to advise that the Board of Directors of the Carlsbad Municipal Water District has approved the above described project on November 27, 2012, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment. 2. [gl A Mitigated Negative Declaration was prepared for this project pursuant to the provisions ofCEQA. . 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQ A. This is to certify that the final Mitigated Negative Declaration with comments and responses and record roject approval is available to the General Public at THE CITY OF CARLSBAD. /J~-IZ. Date Date received for filing at OPR: Revised 04/12 City of Carlsbad Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1949 Barbara Kennedy Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 US POSTAGE CITY OF CARLSBAD NOV 19 2012 PLANNING DEPARTMENT Jl,j,",j,JJI .. ,Jj ,,,1,,1, j , .. j,,jj,,,,ll,l,,l,,ll,,l.l,l,,),f ) ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Carlsbad Municipal Water District (CMWD) Board of Directors, will hold a public hearing at the Board Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, November C 27, 2012, to consider a staff recommendation for adoption of a Mitigated Negative Declaration for the Phase III Recycled Wa- ter Pfoject. Those persons wimling to~ this 'l't"Oposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after November 23, 2012. If you have any questions, please call Barbara Kennedy, Associate Planner at 760-602-4626. Copies of the Mitigated Negative Declaration are available for public inspection at the City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, California; or the Planning Division and Utilities Division, 1635 Faraday Avenue, Carlsbad, as well as on the City's website at www .carlsbadca.gov/services/utilities. If you challenge the Mitigated Negative Declaration in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: EIA 12-02 CASE NAME: ~£ III RECYCLED WATER PROJECT PUBLISH: November 17,2012 CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of North County Times Form erly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of Cal ifornia, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the Cou nty of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: September 19th, 2012 I ce rtify (or declare) under penalty of perjury that the fo regoing is true and correct. Dated at Escondido, California On This 1 th y September 2012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk's Filing Stamp Proof of Publication of --NOTICE OF INTENT TO ADOPT A MITIGATI':D NEGATIVE DECLARATION CASE NAME: fllu§ lli~~Wl!l§[~ CASE NO: .E!A 12:Qg PROJECT LOCATION: The project is located withl~lhe Cerlsbed Municipal Waler District (CMWD) service area end includes a smell component that would extend service to a portion of Vista and Oceanside. Tha project com- ponents will occur within public rights-of-way and within existing CMWD facilities. PROJECT DESCRIPTION: Implementation of the 2012 Recycled Water Mas· tar Plan (RWMP) is divided Into three phases: Existing (Phaaa I and Phase II), Phase Ill, and Build-out. The proposed project, Phase Ill, would expand CM· WD's recycled water system to the north area ol Carlsbad and begin initial expansion into neighboring water service agencies. The Phase Ill project com- ponents would be completed between 2014 and 2020. The Phase Ill project would expand the treatment capacity w~hin the Cerlsbed Waler Recycling Fa- cility from 4.0 mad to 8.0 mgd by installing additional filtration units and chlorine contac1 basins. !he Phase Ill project would also install 96,600 linear feet of pipeline, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape Irrigation water systems to use recycfed water In eight expansion segment locations through-out !he project area. PROPOSED DETERMINAnON: The City of Carlsbed has conducted an en· vironmental review of the above described project pursuant to the Guidelines for Implementation of the Callfomla Environmental Quality Ac1 (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially signifiCant effects on the environment, but (1) revisions In the project plans or proposals made be- fore the proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the affects to a point where clearly no significant effect on the, environment would occur, and (2) there Is no substantial aliidence in light of the whole record before the City that the project 'as revised' may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the Board of Directors of the Carlsbad Municipal Water Dlstric1. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration Is on fila In the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Tha Initial Sludy is also available on the City's website at YNNI!!!!I:t!ID!~"'P' (Look under 'Notice of Intent' for a link to"EO>,-~om the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in re- viewing Mitigated Negative Declarations, persoros and public agencies should focus on the proposeel finding that the project will no1 have a sfgnificant effect on the environment. If pereona and public &!jencles believe that the project may have a significant effect, they should: (1) identify tne specific effect; (2) explain why they believe the effeCt would occur; and (3) explain why they be· lleve the effect would be algnlflcant. Please submit comments In writing to the Planning Division within i'C) days of the date of this notice. The proposed project and M~igated Negative Declaration are subject to review and approvaVadoptlon by the Board of Direc1ors of the Carlsbad Municipal Water Distric1. Addlltonal public notices will be issued when those public hear· lngs are scheduled. If you have any questions, please call Barbara Kennedy, Associate Planner in the Planning Division at (760) 602·4626 or via a-mail at barbara.kennadyOcadsba!lca.~. PUBLIC REVIEW PERIOD ~ .111. 2Q12 • Q£!21!!l.r .111. 2Q12 PUBLISH DATE 5eo~.ll!. nct2322441 (~CITY OF ~CARLSBAD Community & Economic Development CASE NAME: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION SEP.1 9 2012 H. Ayuyao BY.---=-oEP=urv=-= www.carlsbadca.gov City of Carlsbad OCT 2 5 2012 PHASE Ill RECYCLED WATER PROJECT EtA 12-02 Community 8 Economic Development Department PROJECT LOCATION: The project is located within the Carlsbad Municipal Water District (CMWD) service area CASE NO: and includes a small component that would extend service to a portion of Vista and Oceanside. The project components will occur within public rights-of-way and within existing CMWD facilities. PROJECT" DESCRIPTION: Implementation of the 2012 Recycled Water Master Plan (RWMP) is divided into three phases: Existing (Phase I and Phase II), Phase Ill, and Build-out. The proposed project, Phase Ill, would expand CMWD's recycled water system to the north area of Carlsbad and begin initial expansion into neighboring water service agencies. The Phase Ill project components would be completed between 2014 and 2020. The Phase Ill project would expand the treatment capacity within the Carlsbad. Water Recycling Facility from 4.0 mgd to 8.0 mgd by installing additional filtration units and chlorine contact basins. The Phase Ill project would also install 96,600 linear feet of pipeline, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made before the proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2} there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the Board of Directors of the Carlsbad Municipal Water District. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. The Initial Study is also available on the City's website at www.carlsbadca.gov/services/departments/planning/Pages/agendas-minutes-and-notices.aspx (Look under "Notice of Intent" for a link to "EIA 12-D2"). Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1} identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the Board of Directors of the Carlsbad Municipal Water District. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy, Associate Planner in the Planning Division at (760) 602-4626 or via e-mail at barbara.kennedy@carlsbadca.gov. PUBLIC REVIEW PERJOD PUBLISH DATE Planning Division September 19, 2012 -October 19, 2012 September 19, 2012 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ' (• FILED IN THE OFFICE OF THE COUNTY CLERK 2 3 2012 R turned to agency c _ ~--f-iJ~:f:-- .~-----Tr.~~~e~--- ru [I"" U.S. Postal Service, OERTIF.IED MAILM RECEIPT. (Domestic Mall Only; No Insurance Coverage tied) ~-············-~~~ ~~--~~~~~~~~~~~~~~~~ ::r <0 Certified Fee :I CASE NAME: CASE NO: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION Phase Ill Recycled Water Project EIA 12-02 FILE COPY -~rde--of() ~ CP5 PROJECT LOCATION: The project is located within the Carlsbad Municipal Water District (CMWD) service area and includes a small component that would extend service to a portion of Vista and Oceanside. The project components will occur within public rights-of-way and within existing CMWD facilities. PROJECT DESCRIPTION: Implementation of the 2012 Recycled Water Master Plan (RWMP) is divided into three phases: Existing (Phase I and Phase II), Phase Ill, and Build-out. The proposed project, Phase Ill, would expand CMWD's recycled water system to the north area of Carlsbad and begin initial expansion into neighboring water service agencies. The Phase Ill project components would be completed between 2014 and 2020. The Phase Ill project would expand the treatment capacity within the Carlsbad Water Recycling Facility from 4.0 mgd to 8.0 mgd by installing additional filtration units and chlorine contact basins. The Phase Ill project would also install96,600 linear feet of pipeline, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study {EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made before the proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the Board of Directors of the Carlsbad Municipal Water District. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. The Initial Study is also available on the City's website at www.carlsbadca.gov/services/departments/planning/Pages/agendas-minutes-and-notices.aspx (Look under "Notice of Intent" for a link to "EIA 12-02"). Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the Board of Directors of the Carlsbad Municipal Water District. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy, Associate Planner in the Planning Division at (760) 602-4626 or via e-mail at barbara.kennedy@carlsbadca.gov. PUBLIC REVIEW PERIOD PUBLISH DATE September 19, 2012-October 19, 2012 September 19, 2012 - U.S. Postal Servicew CERTIFIED MAILw RECEIPT ~~~~;;;;;;~;;;;;;;;~;;;;~;;~;;~::~ .JI ~L_--~~~~~-=~~~~---=~~~~~ ::r c:o Poage S 1.--------1 Certlllad Fee Total Poeta! Postmark Here ~-1'8 ·I~ California Coastal Commission Attn: Kanani Brown Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 . ' (1~ CITY OF • CARLSBAD 0 Community & Economic Development CASE NAME: CASE NO: NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION 0 FILE COPY q.t'fS·I~ www.carlsbadca.gov PROJECT LOCATION: The project is located within the Carlsbad Municipal Water District (CMWD) service area and includes a small component that would extend service to a portion of Vista and Oceanside. The project components will occur within public rights-of-way and within existing CMWD facilities. PROJECT DESCRIPTION: Implementation ofthe 2012 Recycled Water Master Plan (RWMP) is divided into three phases: Existing (Phase I and Phase II), Phase Ill, and Build-out. The proposed project, Phase Ill, would expand CMWD's recycled water system to the north area of Carlsbad and begin initial expansion into neighboring water service agencies. The Phase Ill project components would be completed between 2014 and 2020. The Phase Ill project would expand the treatment capacity within the Carlsbad Water Recycling Facility from 4.0 mgd to 8.0 mgd by installing additional filtration units and chlorine contact basins. The Phase Ill project would also install 96,600 linear feet of pipeline, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) identified potentially significant effects on the environment, but (1) revisions in the project plans or proposals made before the proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the City that the project "as revised" may have a significant effect on the environment. Therefore, a Mitigated Negative Declaration will be recommended for adoption by the Board of Directors of the Carlsbad Municipal Water District. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. The Initial Study is also available on the City's website at www .ca rlsbadca .gov /services/departments/pian ni ng/Pages/ agendas-minutes-a nd-notices.aspx (look under "Notice of Intent" for a link to "EIA 12-02"). Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Mitigated Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Division within 30 days of the date of this notice. The proposed project and Mitigated Negative Declaration are subject to review and approval/adoption by the Board of Directors of the Carlsbad Municipal Water District. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy, Associate Planner in the Planning Division at (760) 602-4626 or via e-mail at barbara.kennedy@carlsbadca.gov. PUBLIC REVIEW PERIOD PUBLISH DATE Planning Division September 19, 2012-October 19, 2012 September 19, 2012 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ' . State of California-The Resources A~y DEPARTMENT OF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARY LEAD AGENCY CITY OF CARLSBAD RECEIPT# SD2012 0981 STATE CLEARING HOUSE #(Jtapplicabie) 2012091049 DATE 11/30/2012 COUNTY/STATEAGENCY OF FILING CITY OF CARLSBAD DOCUMENT NUMBER SAN DIEGO *20120233* PROJECT TITLE RA TIQ~C 0 3 2012 PHASE Ill RECYCLED WATER PROJECT-MITIGATED NEGATIVE DECU PROJECT APPLICANT NAME PlANNING DEPARTMENT PHONE NUMBER CITY OF CARLSBAD, DAVID AHLES, SENIOR ENGINEERING 760-602-27 48 PROJECT APPLICANT ADDRESS I CITY r ::;IAit: ZIP CODE 1635 FARADAY AVENUE CARLSBAD CA 92008-7314 PROJECT APPLICANT (Check appropnate box): ~ Local Public Agency 0 School District 0 Other Special District 0 State Agency 0 Private Entity CHECK APPLICABLE FEES: 0 Environmental Impact Report 0 Negative Declaration 0 Application Fee Water Diversion (State Water Resources Control Board Only) 0 Projects Subject to Certified Regulatory Programs 0 County Administrative Fee 0 Project that is exempt from fees 0 Notice of Exemption 0 DFG No Effect Determination {Form Attached) 0 Other _________________ _ PAYMENT METHOD: 0 Cash 0 Credit 0 Check 0 Other #237809 SIGNATURE X J. Samuela 1.20233 $2,919.00 $ $2,101.50 $ $2,101.50 $850.00 $ $992.50 $ $50.00 $ $50.00 $ ______ _ TOTALRECEIVED $ ____ $_2,:....1_51_.5_0_ 11111111111111111111111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY -LEAD AGENCY COPY -COUNTY CLERK FG 753.5a (Rev. 7108) ·· ·Notice of Determ~atio n To: [8] Office of Planning and Research P.O. Box 3044 From: CITY OF CARLSBAD Sacramento, CA 95812-3044 Planning Division I]' ~ 0,. tJ f:D) 1635 Faraday Avenue F.mes~J Dronen~uiJ.Jr. Rlllot'\I"Cilllnt) Cle!l Carlsbad, CA 92008 SD County Clerk (76o) 6o2-46oo NOV 3 0 Z012 Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 921 0 I 2 () 2 3 ev J. SerT~M Project No: EIA 12-02 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Phase III Recycled Water Project-Mitigated Negative Declaration Project Title 2.012091049 City of Carlsbad, Barbara Kennedy State Clearinghouse No. Lead Agency, Contact Person City· of Carlsbad, San Diego County Project Locations (include County) Name of Applicant: David Ahles, Senior Engineering, City of Carlsbad Applicant's Address: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 Applicant's Telephone Number: 760-602-2748 (760) 602-4626 Telephone Number Project Description: A Mitigated Negative Declaration for Phase III of the 2012 Recycled Water Master Plan (RWMP), which would expand CMWD's recycled water system to the north area of Carlsbad and begin initial expansion into neighboring water service agencies. The Phase III project components would be completed between 2014 and 2020. The Phase III project would expand the treat~ent capacity within the Carlsbad Water Recycling Facility from 4.0-mgd to 8.0 mgd by installing additional filtration units and chlorine contact basins. The Phase III project would also install 96,600 linear feet of pipeline, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area. This is to advise that the Board of Directors of the Carlsbad Municipal Water District has approved the above described project on November 27, 2012, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment. 2. 1Zl A Mitigated Negative Declaration was prepared for this project pursuant to the provisions ofCEQA. . 3. Mitigation measures were made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Mitigated Negative Declaration with comments and responses and record roject approval is available to the General Public at THE CITY OF CARLSBAD. IIU'-IZ. Date Revised 04/12 ' ' .. Mitigated Negative Declaration Case Number. EtA 12-02 Project Title: Phase Ill Recycled Water Project Project Location The Phase Ill Recycled Water Project (Phase Ill project) is located in the City of Carlsbad (City) in the County of San Diego, California, within the Carlsbad Municipal Water District (CMWD) service area (see Figure 1). A small portion of the project (Expansion Segment 4A) is located in the City of Vista and a small component (Expansion Segment 5) is located in the City of Oceanside. The project components will occur within public rights:..of-way (ROW) and easements, with the exception of a portion of pipeline that would extend across the La Costa Resort and Spa property. The locations of individual components are shown in Figure 2. The Carlsbad Water Recycling Facility (CWRF) Expansion would be installed at the existing CWRF, located at 6220 Avenida Encinas, Carlsbad, CA, 92011. The new or relocated storage tank would be located at the existing ''Twin D" tank site near the intersection of P'oinsettia Lane and Black Rail Road. Expansion Segment 1A (ES 1A) is located in existing roadwavs south Of Palomar Airport Road, west of EJ Camino Real, and along Camino Via Roble. Expqnsion Segment 2 (ES 2) is located south of Agua Hedlonda Lagoon, west of Interstate 5, along th~! Atchison Topeka & Santa Fe (AT&SF) railroad track and Avenida Encinas. Expansion SegmEmt 4A (ES 4A) is located in South Melrose Avenue in the City of Vista, just east of the boundary of Carlsbad and Vista. Expansion Segment 5 (ES 5) north and south of State Route 78 (SR-78} along the Carlsbad/Oceanside boundary, and along El Camino Real to Kelly Street. Expansh:m Segment 7 (ES 7) is located south of SR-78, west of College Avenue, and north east of Carlsbad Village Drive. Expansion Segment 8 (ES 8) is located along El Camino Real between Aviat"a and La Costa Avenue and within the South La Costa Golf Course. Expansion Segment 9 (ES 9) is located north of Batiquitos Lagoon, west of Interstate 5, east of Highway 101, and south of Poihsettia Avenue. Expansion Segment is (ES 18) is located southwest of Maerkle Reservoir along Palmer Way and Impala Drive. Description of Project Implementation of the 2012 Recycled Water Master Plan (RWMP) is divided into three phases: Existing (Phase I and Phase II), Phase Ill, and Build-out. The proposed project, Phase Ill, would expand CMWD's recycled water system to the north area of Carlsbad and begin i:nitial expansion into neighboring water service agencies. The Phase Ill project components would be completed between 2014 and 2020. The Phase Ill project would expand the treatment capacity (from 4.0 mgd to 8.0 mgd) within the CWRF by installing additional filtration units and chlorine contact basins. The Phase Ill project would also install 96,600 linear feet of pipellnes, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area (see Figure 2). CMWD Phase Ill Recycled Water Projects IS/MND PogeMND·l November 27,2012 MITIGATED NEGA'!M DECLARATION Determination The Oty of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental QuaUty Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: . [8] Although the proposed project could have a significant effect on the environment, there will not be a significant effect In this case because the mitigation measure:; described on the attached sheet have been added to the project. D The proposed project MAY have "potentially significant impact(s)" on the t'!nvironment, but at least one potentially significant impact 1) has been adequately anatyzed in an Earlier document pursuant to applicabl~ legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). 0 Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect In this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DEClARATION pursuantto applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVI~ONMENTAL tMPACT REPORT or NEGAT1VE DECLARATION, including revisions or mi~igatlon measures that are lmposEtd upon the proposed project. Therefore, nothing further is required. A copy of the initial study documenting reasons to support the Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: November 27, 2012 pursuant to CMWD Resolution No. 1455. ATTEST: MATI 1tfU!/-4- President, Carlsbad Municipal Water District CMWD Phase Ill Recycled Water Projects IS/MND n--"' l;~~~ ""\ > ' . . 0 0 STATE OF CALIFORNIA GOVERNOR'S OFFICE a/PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT EDMUND G. BROWN JR. KEN ALEX DIRECTOR GOVERNOR October 19,2012 Barbara Kennedy City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: CMWD Phase lll Recycled Water Project SCH#: 2012091049 Dear Barbara Kennedy: The enclosed comment (s) on your Mitigated Negative Declaration was (were) received by the State Clearinghouse after the end of the state review period, which closed on October 18, 2012. We are forwarding these comments to you because they provide information or raise issues that should be addressed in yoUI final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the ten-digit State Clearinghouse number (2012091049) when contacting this office. sm?-+ Scott Morgan Director, State Clearinghouse Enclosures cc: Resources Agency 1400 lOth Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov 0 StateWater"Resources Control Board OCT 1 7 2012 Barbara KenAedy Carlsbad·Municipal Water District 1 ~~J=~rE9~]\,Yerwe San Diego, CA 92008 Dear Ms. Kennedy: 0 RECEIVE,D OCT 19 2012 STATE ClEARING HOOSE ~ EDMUND G. BROWN JR. ~ GOVE~NOfl ~ MA.TII-IE'H RODRIQUEZ ,_~.,,~···•·, ~ SECRETARY FOFI ,....,.. ENVIFIONMEHTAL PROTECTION DRAFT INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS/MND) FOR CARLSBAD MUNICIPAL WATERDISTRICT (DISTRICT); PHASE Ill RECYCLED WATER PROJECT (PROJECT); SAN DIEGO COUNTY; STATE CLEARINGHOUSE NO. 2012091049 We understand that the District is pursuing Clean Water State Revolving Fund (CWSRF) financing for this Project (CWSRF No. C-06-7151-11 0). As a funding agency and a state agency with jurisdiction by law to preserve, enhance, and restore the quality of California's water resources, the State Water Resources Control Board (State'Water Board) is providing the following information and comments on the IS/MND to be prepared for the Project. Please provide us with the following documents applicable to the·proposed Project following the Districfs•California Environmental Quality Act (CEQA) process: (1) one copy of the draft and finaiiS/MND, (2) the resolution adopting the IS/MND and making CEQAfindings, (3) all comments received during the review period and the District's·response to those comments, (4) the adopted Mitigation Monitoring and Reporting Program (MMRP), and (5) the Notice of Determination filed with the San Diego County Clerk and the Governor's Office of Planning and Research, State ·Clearinghouse. In addition, we would appreciate notices of any hearings or meetings held ·regarding environmental review of any projects to be funded by the State Water Board. The State Water Board, Division of Financial Assistance, is responsible for administering the CWSRF-Program;-ihepriinary purpose:for the-OWSRF.Program-is-to·implement the-Clean---- Water Act and various state laws by providing financial assistance for wastewater treatment facilities necessary to prevent water pollution, recycle water, correct nonpoint source and storm drainage pollution problems, provide for estuary enhancement, and thereby protect and promote health, safety and welfare of the inhabitants of the state. The CWSRF Program provides low"' interest funding equal to one-half of the most recent State General Obligation Bond Rates with a 20..:year term. Applications are accepted and processed continuously. Please refer to the State Water Board's CWSRF website at: www.waterboards.ca.gov/water issues/programs/grants loans/srf/index.shtml. The CWSRF Program is partially funded by the United States Environmental Protection Agency and requires additional "CEQA-Pius" environmental documentation and review. Four enclosures are included that further explain the CWSRF Program environmental review process and the additional federal requirements. CHARLES R. HOPPIN, CHAIRMAN \ THOMAS HOWARD, EXECUTIVE DIRECTOR 1001 I Street, Sacramento, CA 95814 I Mailing Address: P.O. Box 100, Sacramento, CA 95812-0100 I www.waterboards.ca.gov 2 The State Water'Board is required to consult directly with agencies responsible for implementing federal environmental laws and regulations. Any environmental issues raised by federal agencies or their representatives will need to be resolved prior to State Water Board approval of a CWSRF financing commitment for the proposed Project. ·For further~information on the CWSRF Program, please contact Mr. Ahmad Kashkoli, at (916) 341-5855. It is important to note that prior to a CWSRF financing commitment, projects are subject to provisions of the Federal Endangered Species Act (ESA), and must obtain Section 7 clearance from the United States Department of the Interior, Fish and Wildlife Service (USFWS), and/or · the United States Department of Commerce National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS) for any potential effects to special-status species. Please be advised that the State Water Board will consult with USFWS, and/or NMFS regarding all federal special-status species that the Project has the potential to impact if the Project is to be funded under the CWSRF Program. The District will need to identify whether the Project will involve any direct effects from construction activities, or indirect effects such as growth inducement, that may affect federally listed threatened, endangered, or candidate species that are known, or have a.potentialrto occur on..,site, in the surrounding areas, or in the service area, and to identify applicable conservation measures to reduce such effects. In addition, CWSRF projects must comply with federal laws pertaining to cultural resources, · specifically Section 1 06 ofthe National Historic Preservation Act. The State Water Board has responsibility for ensuring compliance with Section 1 06, and must consult directly with the California State Historic Preservation Officer (SHPO). SHPO consultation is initiated when sufficient information is provided by the CWSRF applicant. If the District decides to pursue CWSRF financing, please retain a consultantthat meets the Secretary of the Interior's Professional Qualifications ,Standards (www,cr.nps.gov/local-law/arch stnds 9.htm) to prepare a Section 1 06 compliance report. Note that the District will need to identify the .Area .of Potential Effects (APE), including construction and staging areas, and the depth of any excavation. The APE is three-dimensional and includes all areas that may be affected by the Project. The APE includes the surface area and extends below ground to the depth of any Project excavations. The records search request should be made for an area larger than the APE. The appropriate area varies for different projects but should be drawn large enough to provide information on what types of sites may exist in the vicinity. Please contact Ms. Susan Stewart at (916) 34.1-6983 to find ·out more about the requirements, and to initiate the. Section 1 06 process. c 3 Other federal requirements pertinent to the Project under the CWSRF Program include the following: A. Compliance with the Federal Clean Air Act: (a) Provide air quality studies that may have been done for the Project; and (b) if the Project is in a nonattainment area or attainment area subject to a maintenance plan; (i) provide a summary of the estimated emissions (in tons per year) that are expected from both the construction and operation of the . F>r.ojectfor.each.feder:al criteria_pollutantin~anonattainment.or.maintenance.ar:ea, .and indicate if the nonattainment designation is moderate, serious, or severe (if applicable); (ii) ifemissions are above the federal de minimis levels, but the Project is sized to meet only the needs of current population projections that are used in the approved State Implementation Plan for air quality, quantitatively indicate how the proposed capacity increase was calculated using population projections. B. Compliance with the Coastal Zone Management Act: identify whether the Project is within a coastal zone and the status of any coordination with the California Coastal Commission. C. Protection of Wetlands: Identify any portion of the proposed Project area that should be evaluated for wetlands or United States waters delineation by the United States Army Corps of Engineers (USAGE), or requires a permit from the USAGE, and identify the status of coordination with the USACE. D. Compliance with the Farmland Protection Policy Act: Identify whether the Project will result in the conversion of farmland. State the status of farmland (Prime, Unique, or Local and Statewide Importance) in the Project area and determine if this area is under a Williamson Act Contract. · · E. Compliance with the Migratory Bird Treaty Act: List any birds protected under this act that may be impacted by the Project and identify conservation measures to minimize impacts. F. Compliance with the Flood Plain Management Act: Identify whether or not the Project is in a,Fiood Management Zone and include a copy of the Federal Emergency Management Agency flood zone maps for the area. G. Compliance with-the Wild and Scenic Rivers Act: ldentifywhether or·not·any·Wild and Scenic Rivers would be potentially impacted by the Project and include conservation measures to minimize such impacts. Following are specific comments on the District's IS/MND: 1. Mitigation Measure Bio-1A states that "Prior to removal or damage of any active nests or any tree pruning or removal operations during the prime nesting seasons, that being from March 15 to May 30, a qualified biologist shall survey the trees to determine if there are any active nests within 500 feet of the area of tree removal or pruning." However, Page 31, under Biological Resources, mentions that the raptor nesting season is from January 15-July 31, the general nesting season is from February 1-August 31, and Mitigation Measure Bio-1 D states that the general breeding season is from January 15- September 15. 4 2. Please ensure that the breeding season timeframe is consistent with the California Department of Fish and Game (DFG) and the UFWS requirements to avoid any significant impacts or violation of the Migratory Bird Treaty Act (MBTA). If you have any questions, please consult with the DFG and USFWS regarding nesting seasons for the special status species .Jisted with a high or moderate potential of occurring within the Project area. Specify how many days prior to construction (generally 30 days) and the timeframe that a qualified biologist shall survey. In case of vacating nests, consult with DFG or USFWS for appropriate protocol measures. 3. In order to comply with the MBTA, please include additional mitigation measures if birds or nests of birds subject to the MBTA are discovered outside the preconstruction survey window. Pre-construction surveying must be done during the general breeding season, not just during the prime breeding season, to prevent potential adverse effect to the bird species. 4. Identify the 3-dimensional APE including the depth of the proposed Project components and provide a map indicating the location and boundary. 5. Page lS-36 indicates that a cultural resources records search was performed by Atkins at the South Coastal Information Center in January 2012 (Atkins 2012) for the 2012 Master Plans EIR which included the APE of the proposed Phase Ill Project. Please indicate if this records search also included Twin D site, or the CWRF expansion, or if a separate records search was· performed to include these areas. 6. Please send a copy of the records search that was done, including the search request and associated maps. Copies of site records and previous studies for areas within the Project APE will be required for SHPO consultation. Please identify areas exhibiting high archaeological resource sensitivity and include .a map indicating the relative sensitivity of the project areas in relation to the Project APE. 7. Confirm that a Native American Consultation has been completed based upon the entire project area by providing a copy of the letter and niaps sent to the Native American Heritage Commission, as well as' copies of the letters and maps sent to the Native Americans and other interested parties. Follow-up with phone calls or email, and include .a log of attempted contacts and any responses received. Follow-up on responses and include the information in the discussion on consultation .. 8. Demonstrate that The Section 106 compliance efforts and reports have been prepared by a qualified researcher by providing copies of resumes of the Archaeologists conducting and providing oversight to the Section 106 reporting according to the Secretary of the Interior's Professional Qualifications Standards (www.cr.nps.gov/locallaw/arch_stnds_9.htm). . ' • r • 0 5 Thank you for the opportunity to review the District's IS/MND. If you have any questions or concerns, please feel free to contact me at (916) 341-5855, or by email at AKashkoli@waterboards.ca.gov, or contact Jessica Collado at (916) 341-7388, or by email at JCollado@waterboards.ca.gov. Sincerely, A~ t~/4-" !r- Ahmad Kashkoli Senior Environmental Scientist cc: State Clearinghouse (Re: SCH# 2012091 049) P.O. Box 3044 Sacramento, CA 95812-3044 c STATE OF CALIFORNIA GOVERNOR'S OFFICE ~(PLANNING AND RESEARCH. STATE CLEARINGHOUSE AND PLANNING UNIT EDMUND G. BROWN JR. GOVERNOR October 19, 2012 Barbara Kennedy Carlsbad Municipal Water District 1635 Faraday A venue Carlsbad, CA 92008 Subject: CMWD Phase 111 Recycled Water Project SCH#: 2012091049 Dear Barbara Kennedy: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document. The review period closed on October 18, 2012, and the comments from the responding agency (ies) is (are) enclosed. If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note that Section 211 04( c) of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 ifyou have any questions regarding the environn1ental review process. Sine~~ Scott Morgan Director, State Clearinghouse Enclosures cc: Resources Agency 1400 10th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov SCH# Project Title Lead Agency Type Description c 2012091049 Document Details Rep~ State Clearinghouse Data lrase CMWD Phase Ill Recycled Water Project Carlsbad, City of MND Mitigated Negative Declaration The Phase Ill project would expand the treatment capacity (from 4.0 mgd to 8.0 mgd) within the Carlsbad Water Recycling Facility by installing additional filtration units and chlorine contact basins. The Phase Ill project would also install 96,600 linear feet of pipelines, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation Water systems to use recyclea water in eight expansions segmentlocations throughout the project area. Lead Agency Contact Barbara Kennedy Carlsbad Municipal Water District (760) 602-4626 Fax Name Agency Phone email Address City 1635 Faraday Avenue Carlsbad State CA Zip 92008 Project Location County City Region Lat/Long Cross Streets Parcel No. Township Proximity to: San Diego Carlsbad 33° 8' 18" N I 117" 13' 37" W Interstate 5 and Palomar Airport Road N/A Range Highways Hwy 78 McClellan-Palomar, Oceanside AT&SF and Coaster Section Airports Railways Waterways Schools Land Use Buena Vista Creek, Agua Hedionda Creek, San Marcos Carlsbad Unified District Project Issues Biological Resources; Toxic/Hazardous Base Reviewing Resources Agency; California Coastal Commission; Department of Fish and Game, Region 5; Agencies Department of Parks and Recreation; Department of Water Resources; Office of Emergency Management Agency, California; Resources, Recycling and Recovery; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 11; CA Department of Public Health; State Water Resources Control Board, Divison of Financial Assistance; Regional Water Quality Control Board, Region 9; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities Commission Date Received 09/19/2012 Start of Review 09/19/2012 End of Review 10/18/2012 I I . -,. -·------·-··-------------0 --0 1 STATE OF CALifORNIA-BUSINESS. IRANSPQRTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 11, DIVISION OF PLANNING 4050 TAYLOR ST, M.S. 240 SAN DIEGO, CA 92110 Flex your pawer! PHONE (619) 688-6960 FAX (619) 688-4299 TTY 711 www.dot.ca.gov RECEIVED Be energy efficient! September 24, 2012 Ms. Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Kennedy: . SEP 2 6 2012 -11-SD-5 STATE Cl:EA . . __ PM44.07-50.68 , · -RING HO~sbad MWD Phase III Recycled Water MND I SCH #2012091 049 The California Department of Transportation (Caltrans) received the Mitigated Negative Declaration (MND) for the proposed Carlsbad Municipal Water District Phase III Recycled Water project (SCH #2012091049) for the City of Carlsbad. Caltrans has the following comments: Any utility crossings of freeways will need an encroachment permit from Caltrans. Please refer · to Caltrans Encroachment Permits Manual (bttp:/ /www .dot.ca.govlhq/traffops/ developserv/permits/encroachment permits manual/index.ht mD for guidance on utility encroachment. Additional information regarding encroachment permits i:nay be obtained by contacting the Caltrans Permits Office at (619) 688-6158. Early coordination with Caltrans is strongly advised f~r all encroachment permits. If you ha~e any questions, please· contact Leila Ibrahim, Development Review Branch, at ( 619) 688-6802. Sincer y,~ ~COB ARMSTRONG, Chief Development Review Branch "Caltrans irnproves mobility across California" 0 0 SJAIE OF CA!-IFORNIA Edmund G. Brown. Jr., Goveroqr September 24, 2012 I A-I t: c l:f. ll I,... ..• , ' li,., ~.~ tr.:LJi S£p2 5 2012 NATIVE AMERICAN HERITAGE COMMISSI. ON ~f'v 915 CAPITOL MAll, ROOM 364 SACRAMENTO, CA 95814 ·~<.( '~ (916}653-6251 '1..) lr1 Fax (916) 657·5390 '\.J Web Site www.nahc.ca.Mv \. > ~ I n ds_nahc@pacbell.net V '/..._., SiAi£ CL£. Ms. Barbara K~nnedy, Planner ARING House Carlsbad Municipal Water District (CMWD) 1635 Faraday Avenue Carlsbad, CA 92008 Re: SCH#2012091049; CEQA Notice of Completion; proposed Mitigated Negative Declaration; for the "~hase Ill Recycled Water Project (EIA 12-02)" located in the City of Carl§bad; San Diego County, California Dear Ms. Kennedy: The Native American Heritage Commission (NAHC) is the State of California 'Trustee Agency' for the protection and preservation of Native American cultural resources pursuant to California Public Resources Code §21 070 and affirmed by the Third Appellate Court in the case of EPIC v. Johnson (1985: 170 Cal App. 3rd 604). This letter includes state and federal statutes relating to Native American historic properties or resources of religious and cultural significance to American Indian tribes and interested Native American individuals as 'consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. The California Environmental Quality Act (CEQA-CA Public Resources Code 21000-21177, amendments effective 3118/201 0) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a·'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the CEQAGuidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ... objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE), and if so, to mitigate that effect. The NAHC recommends that the lead agency request that the NAHC do a Sacred Lands File search as part of the careful planning for the proposed project. The NAHC "Sacred Sites,' as defined by the Native American Heritage Commission and the California Legislature in California Public Resources Code §§5097.94(a) and 5097.96. Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254 (r ). Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and individuals may have knowledge of the religious and cultural 0 0 significance of the historic properties in the project area {e.g. APE). We strongly urge that you make contact with the list of Native American Contacts on the attached list Qf Native American contacts, to see if your proposed project might impact Native American cultural resources and to obtain their recommendations concerning the proposed project. Pursuant to CA Public Resources Code§ 5097.95, the NAHC requests cooperation from other public agencies in order that the Native American consulting parties be provided pertinent project information. Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code ·§5097 .95, -the-NAHC requests that.pertinent ... project. infor:mation .. be.pr.ovided_consultingJribal parties, including archaeological studies. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that would damage or destroy Native American cultural resources and California Public Resources Code Section 21083.2 (Archaeological Resources) that requires documentation, data recovery of cultural resources, construction to avoid sites and the possible use of covenant easements to protect sites. Furthermore, the NAHC if the proposed project is under the jurisdiction of the statutes and regulations of the National Environmental Policy Act (e.g. NEPA; 42 U.S.C. 4321-43351 ). Consultation with tribes and interested Native American consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 1 06 and 4(f) of federal NHPA (16 U.S.C. 470 et seq), 36 CFR Part 800.3 (f) (2) & .5, the President's Council on Environmental Quality (CSQ, 42 U.S.C 4371 et seq. and NAGPRA (25 U.S. C. 3001- 3013) as appropriate. The 1992 Secretary of the Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175 (coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interior's Standards include recommendations for all 'lead agencies' to consider the historic context of proposed projects and to "research" the cultural landscape that might include the 'area of potential effect.' Confidentiality of "historic properties of religious and cultural significance" should also be considered as protected by California Government Code §6254( r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APEs and possibility threatened by proposed project activity. Furthermore, Public Resources Code Section 5097.98, California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for inadvertent discovery of human remains mandate the processes to be followed in the event of a discovery of human remains in a project location other than a 'dedicated cemetery'. To be effective, consultation on specific projects must be the result of an ongoing relationship between Native American tribes and lead agenciesl. project proponents and their contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. Finally, when Native American cultural sites and/or Native American burial sites are prevalent within the project site, the NAHC recommends 'avoidance' of the site as referenced by CEQA Guidelines Section 15370(a). Cc: 0 0 If you have any uestions about this response to your request, please do not hesitate to me at (91 ) 6 3-6251. Attachment: Native American Contact List c ,, l ~~ 0 -- Department of Toxic Substances Control Matthew Rodriquez Secretary for Environmental Protection October 9, 2012 Ms. Barbara Kennedy Deborah 0. Raphael, Director 5796 Corporate Avenue Cypress, California 90630 RECEIVED OCT 10 2012 Carlsbad Municipal Water District 1635 Faraday Avenue STATE CLEARING HOUSE Carlsbad, California 92008 Edmund G. Brown Jr. · Governor NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) PHASE Ill RECYCLED WATER PROJECT, (SCH#2012091049), SAN DIEGO COUNTY Dear Ms. Kennedy: The Department of Toxic Substances Control (DTSC) has received your submitted Initial Study (IS) and a. draft Mitigated Negative Declaration (MND) for the above-mentioned project. The following project description is stated in your document: "The Phase Ill Recycled Water Project (Phase Ill Project) is located in the City of Carlsbad (City) in the County of San Diego, California, within the Carlsbad Municipal Water District (CMWD) service area. A small portion of the project (Expansion Segment 4A) is located in the City of Vista and small component (Expansion Segment 5) is located in the City of Oceanside. The proposed project, Phase Ill, would expand CMWD's recycled water system to the north area of Carlsbad and begin initial expansion into neighboring water service agencies. The Phase Ill project would also install 96,600 linear feet of pipelines, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area. The Phase Ill project components would be completed between 2014 and 2020. Existing land uses in the project vicinity include residences, commercial centers, industrial and business parks, and utility infrastructure. The Phase Ill project would be constructed within the Carlsbad Water Recycling Facility (CWRF), within existing and planned roadway right of way (ROW), and within the Burlington Northern and Santa Fe Railway (BNSF) railroad right of way." Based on the review of the submitted document DTSC has the following comments: 1) The MND should evaluate whether conditions within the Project area may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: · Ms. Barbara Kennedy October 9, 2012 Page2 0 0 • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). • EnviroStor (formerly CaiSites): A Database primarily used by the California Department of Toxic Substances Control, accessible through DJSC's website (see below). • Resource Conservation and Recovery Information System (RCRJS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCUS): A database of CERCLA s.ites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • GeoTracker: A List that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 2) The MND should identify the mechanism to initiate any required investigation and/or remediation for any site within·the proposed Project area that may be contaminated, and the government agency to provide appropriate regulatory . oversight. If necessary, DTSC would require an oversight agreement in order to review such documents. 3) Any environmental investigations, sampling and/or remediation for a site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance Cleanup. The findings of any investigations, including any Phase I or II Environmental Site Assessment Investigations should be summarized in the document All sampling results in which hazardous substances were found above regulatory standards should be clearly summarized in a table. All closure, certification or remediation approval reports by regulatory agencies should be included in the MND. 4) If buildings, other structures, asphalt or concrete-paved surface areas are being planned to be demolished, an investigation should also be conducted for the 0 0 Ms. Barbara Kennedy October 9, 2012 Page 3 presence of other hazardous chemicals, mercury, and asbestos containing materials (ACMs). If other hazardous chemicals, lead-based paints (LPB) or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants shou'ld be · remediated in compliance with California environmental regulations and policies. 5) Project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal Restrictions (LDRs) may be applicable to such soils .. Also, if the project proposes to import soil to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. 6) Human health and the environment of sensitive receptors should be protected during the field activities. If necessary, a health risk assessment overseen and approved by the appropriate government agency should be conducted by a qualified health risk assessor to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 7) If the project area was used for agricultural, livestock or related activities, onsite · soils and groundwater might contain pesticides, agricultural chemical, organic waste or other related residue. Proper investigation, and remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. 8) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-694.2. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local · Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUP A. 9) DTSC can provide cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VCA) for private parties. For additional information on the EOA or VCA, please see . www.dtsc.ca.gov/SiteCieanup/Brownfields, or contact Ms. Maryam Tasnif- Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484-54a9. Ms. Barbara Kennedy October 9, 2012 Page 4 0 0 If you have any questions regarding this letter, please contact Rafiq Ahmed, Project Manager, at rahmed@dtsc.ca.gov, or by phone at (714) 484-5491. Sincerely, Rafiq Ahmed Project Manager Brownfields and Environmental Restoration Program cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 state.clearinghouse@opr.ca.gov. CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis P.O. Box 806 Sacramento, California 95812 Attn: Nancy Ritter nritter@dtsc.ca.gov CEQA#3654 ·. L~UCADIA WAST~WAT~R -----...DISTRICT 0 LEADERS IN ENVIRONMENTAL PROTECTION October 19, 2012 Barbara Kennedy, Associate Planner Planning Division City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Re: Proposed Mitigated Negative Declaration Phase Ill Recycled Water Project EIA12-02) Dear Ms. Kennedy: ORD OF DIRECTORS JUDY K. HANSON, PRESIDENT ElAINE SUlliVAN, VICE PRESIDENT AllAN JUllUSSEN, DIRECTOR DAVID KUlCHIN, DIRECTOR DONAlD F. OMSTED, DIRECTOR PAUl J. BUSHEE, GENERAl MANAGER City of Carlsbad OCT 1 9 2012 Community & Economic Development Department Ref: 13-3462 The Leucadia Wastewater District ("LWD") completed its review of the proposed Mitigated Negative Declaration ("MND") for the Phase Ill Recycled Water Project and has serious concerns with the document's failure to accurately describe and disclose potential impacts of the Expansion Segment 8 of the proposed Project ("ES8"). Unlike other elements of the Project that would expand recycled water into areas not currently served, ES8 is designed to replace an existing public service. ES8 includes a construction of approximately 2,800 linear feet of new pipeline across a private resort, golf course and regional waterway to supply recycled water to the south course of the La Costa Resort & Spa. The south course currently receives recycled water from the Gafner Water Reclamation Plant ("Gafner Plant") that is owned and operated by LWD. The effect of ES8 would be to terminate the Gafner Plant as the dedicated source of recycled water to the south course and cause abandonment of the facility, which has no other customer for recycled water. The MND fails to address the physical impacts associated with shutting down the Gafner Plant and new impacts that would result from construction of duplicate replacement facilities across a private resort, golf course and regional waterway. Instead, the MND erroneously concludes that the decision to abandon the Gafner Plant has already been made and that construction of the new pipeline will not cause any environmental impacts because it will occur within existing roadways. As describe in more detail below, neither assumption is correct. LWD submits that construction of a new pipeline to duplicate the service of an existing public facility is not a wise expenditure of public funds. Nonetheless, if the Carlsbad Municipal Water District ("CMWD") wishes to pursue this course of action, it must first prepare and environmental impact report ("EIR") that fully discloses and considers all environmental impacts related to construction of new, redundant facilities and the resulting physical shut-down of an existing plant. 1960 LA COSTA AVENUE, CARLSBAD, CA 92009 ·PHONE 760.753.0155 ·FAX 760.753.3094 ·LWWD.ORG ·INFO LWWD.ORG 0 0 Project Description The Project description for the ESB segment does not accurately describe the ultimate purpose of the ESB Project element, which is to replace and cause the abandonment of the Gafner Plant. Instead, the MND erroneously identifies the Gafner Plant as an inactive facility (See, e.g., Figure 9.). For the record, the Gafner Plant has been the only supply of recycled water to the south La Costa golf course since the early 1960's. Due to increased regulatory requirements there were intermittent periods of time where recycled water was not delivered to south course. The Gafner Plant was upgraded in 1993 to meet new regulatory standards for recycled water, including a one million gallon per day filtration plant that provides a third stage of treatment over and above Gafner's original primary and secondary facilities. LWD has supplied recycled water to south La Costa golf course either by way of a direct contract between LWD and La Costa or via an agreement with the City of Carlsbad since the early 1960's. Its operations are ongoing and LWD has no plans to abandon the facility. The MND Relied Upon Erroneous Statements And Assumptions Contained In The Recycled Water Master Plan The MND's erroneous conclusions regarding the status of the Gafner Plant appear to be based upon inaccurate statements and conclusions found in its Recycled Water Master Plan ("Master Plan") and its EIR that were recently circulated for public review and comment, including the following statements found in the Master Plan at Section 2.7.5, pp. 2-20-21: 1. "CMWD staff have stated that the aging nature of the Gafner WRP has led to a number of operational issues" As the General Manager for owner and operator of the Gafner Plant, I can assure you that this statement is incorrect. The Gafner Plant has, with few interruptions, continuously supplied recycled water to under its contract with Carlsbad, since operations of the upgraded facilities began in 1993. There are no operational issues jeopardizing the viability of the Plant, and most importantly, no plan by LWD to terminate its operation. 2. "Gafner WRP has frequent start ups and shut downs that most likely exacerbate the operational issues that CMWD currently pays to resolve." Again, this erroneously assumes that there are operational issues. Operations at the Gafner Plant do start up and shut down frequently due to the south course's varying demands for recycled water. However, this is a condition that has existed for decades and it has not interfered with the viability of the Gafner Plant. More important, the price CMWD pays for recycled water has never varied based upon start ups or shut downs of the Gafner Plant. 3. "[T]he Gafner WRP is not optimally utilized since the south golf course demand is far less than the minimum amount of recycled water that CMWD is required to purchase from LWWD. To further compound the problem, the La Costa Resort & Spa further reduces recycled water demand to its south golf course by blending Gafner RWP effluent with potable water to decrease TDS concentrations for irrigation of golf course tees and putting greens." This assumption is flawed because, until recently, LWD was under the impression that it was supplying the full south course demand for recycled water, which is less than the take or pay contract amount with Carlsbad. However, the second sentence of this statement reflects the fact that Carlsbad has chosen to allow La Costa to supplement its demand with potable water despite the fact that the City's Recycled Water Ordinance No. 43 requires recycled water to be used. It is possible that the full take or pay amount could have been utilized under the contract if the City had followed its own ordinance, which would have saved a significant amount of expenditures for unused recycled water. 0 0 In addition, the quality of the recycled water supplied from Gafner has consistently met requirements of the contract with Carlsbad since the advanced treatment facility began operating in 1993. Furthermore, there is no evidence in the record to indicate that recycled water produced by the City's recycled water system would be any different with regard to its TDS concentrations, and as such the circumstance in which potable water is used would not be changed by the Project. Therefore, LWD reiterates that the City's assumptions are incorrect and it was at the full discretion of the City to not maximize the take or pay component of the agreement. 4. "[T]he La Costa Resort & Spa in 2010 indicated that they are planning on significant changes, which include reducing the amount of irrigated turf, and piping potable water to the greens and tees. These changes will further reduce their irrigation demand on the recycled water supply." Presuming these facts are true, they indicate a reduced demand for recycled water, further questioning the logic of expending additional capital funds to provide redundant facilities to provide recycled water to a customer with reduced demand. The Master Plan also includes several other erroneous assumptions regarding the Gafner Plant used as justification for its conclusion that abandoning the Gafner Plant is warranted. For example, the Master Plan assumed that maximizing the Gafner Plant would require replacement of 27,000 feet of secondary affluent return pipeline from the Encina Wastewater Authority ("EWA") Plant. This pipeline has significant remaining useful life and, therefore, replacement is not needed. The Master Plan includes a cost to expand the Gafner Plant with membrane filtration and reverse osmosis which are not necessary to meet current waste water discharge requirements for the Gafner Plant. As a result of the false assumptions above and others included in the Master Plan, it provides an inflated cost of several million dollars to maximize use of the Gafner Plant. (See Section 4.4.3) Most importantly, the Master Plan did not consider the alternative of continuing use of the existing Gafner Plant facilities under a renegotiated agreement to continue a service that has been in place for more than 50 years, an alternative that would not require any major capital investment. For example, LWD staff has been meeting with Carlsbad staff since 2007 with goal of extending the recycled water agreement for services to the La Costa south course. Although the negotiations between LWD and Carlsbad never reached fruition, any conclusions in the MND that rely upon the price of recycled water as a basis for pursuing abandonment of the Gafner Plant are not supportable because the option of modifying the price has never been pursued by CMWD. The erroneous assumptions and errors in the Master Plan were carried forward into its program EIR and ultimately into the Project MND that includes ES8. These assumptions prevented accurate consideration of environmental impacts because they resulted in an erroneous Project description, environmental setting and baseline. Biological and Wetland Impacts The MND fails to disclose and discuss significant potential impacts to biological resources, particularly those associated with wetland habitats due to, among other things, the following: 1. The Notice Of Completion Form fails to identify two waterways within two miles of the proposed Project, including Batiquitos Lagoon, and Encinitas Creek. Segment ES8 is within two miles of 0 0 these waterways. In addition, Figure 9 does not identify San Marcos Creek, which crosses El ; Camino Real, and Encinitas Creek, which crosses La Costa Avenue. Attached please find a Google earth image which shows these creeks, which drain into Batiquitos Lagoon. Both El Camino Real and La Costa Avenue currently have bridges that cross these creeks. 2. The MND analysis of flood plain issues is inadequate. Page IS-51 identifies the Mearkle Dam as being in close proximity to ES8, when in reality, this dam is far from the project site and poses little threat. We have attached a second Google image that identifies the location of the Mearkle Dam in relation to the ES8 expansion site for reference. At the same time, the MND fails to identify floodplains/flooding issues related to the South course of the La Costa golf course, which is in the 100 year floodplain. The MND fails to disclose how the new ES8 pipeline to the south golf course would impact the 100 year floodplain and San Marcos Creek. Page IS-50 indicates that there is no potential to impact flooding because the pipelines would be underground, but fails to mention that the pipes would be attached to the bridges on El Camino Real and La Costa Canyon in some fashion, and no analysis has been conducted regarding the potential for these bridge modifications to impact flooding. Furthermore, there is no information provided to describe how ES8 construction would occur within the floodplain of San Marcos Creek, where the pipeline leaves El Camino Real. 3. The MND erroneously states that the Project will occur within "public rights of way and easements." However, the ES8 includes a segment of pipeline on the La Costa Resort, where the City does not currently have an easement, and as indicated above, this area is within the floodplain of San Marcos Creek. As a result, the MND assumption that there will be no impacts because all Project activity will be within existing rights of way and easements is not supported by evidence. 4. The MND fails to identify potential impacts to wetlands and riparian habitats that could result from the installation of the ES8 pipeline extension. The MND indicates that trench less methods will be used to install the San Marcos Creek crossing in the south La Costa golf course for ES8. (Construction Schedule and Methods, p. IS-16.) However, there is no discussion of the specific method that would be used to cross the San Marcos Creek along El Camino Real, and Encinitas Creek along La Costa Avenue. As indicated above, there are bridges crossing these creeks and each of these areas. Large areas of salt marsh occupy the margins of Batiquitos Lagoon and significant strands of fresh water marsh are present where the San Marcos and Encinitas Creeks enter the Lagoon, under the bridges on El Camino Real and Encinitas Creek and the potential for a Project to create direct significant impacts during construction has not been adequately assessed. No mitigation for these potential impacts has been provided. Furthermore, the MND indicates that the "jack and bore" trenchless method would be used for the crossing of the San Marcos Creek in the South La Costa Golf Course. This is the not the most cost effective or appropriate method for crossing a creek with a pressure pipeline. Generally, Horizontal Directional Drilling methods are used. Without additional information, there is no evidence in the record to support a finding that no potentially significant environmental impacts to biological resources and wetlands would occur. · Archeology Impacts The MND fails to identify the potential for the proposed trenchless construction to impact archeological resources within the San Marcos Creek floodplain. Page IS-37 indicates that there is no potential for impacts to archeological resources, because all construction would occur within public rights of way. However, a portion of ES8 includes construction within the San Marcos Creek floodplain, and the "jack 0 0 and bore" construction under San Marcos Creek has the potential to impact archeological resources. The MND fails to identify and mitigate for archeological impacts. Public Utility Impacts The MND fails to acknowledge the impact of causing the abandonment of the Gafner Plant, a public facility that is currently operational. The Gafner Plant is repeatedly described as an inactive facility creating the erroneous belief that the proposed abandonment is an existing condition. (See Figures 2 and 9, pages IS-5 and IS-14, respectively) The reality is that the proposed Project would result in significant environmental effects to provide a utility service that is already being provided by an existing facility. The MND has failed to analyze the potential impact that would result from the loss of recycled water capacity if the Gafner Plant is forced to be abandoned. Demolition Impacts The MND completely fails to address the potential impacts that would be associated with demolition and replacement of the Gafner Plant if ES8 forces the shutdown of the facility. Demolition of the Gafner Plant could be a potential outcome of the project that would have the potential to cause significant air quality, traffic and other environmental impacts, such as hazard waste associated with removal of the materials. The MND completely fails to address the consequences of its unilateral attempt to cause the abandonment and demolition of the Gafner Plant. Conclusion LWD appreciates the CMWD's desire to expand its recycled water capacity for the region. However, LWD takes issue with the CMWD's assumption that the Gafner Plant is no longer viable and assumption that it makes sense from an environmental or public policy point of view to replace one public facility with another. Surely, in today's environment where public resources are scarce, there is no justification for a public agency to expend public funds to duplicate what is already in existence. For these reasons, LWD respectfully submits that the best course of action will be for the CMWD to abandon the ES8 segment of the Project. Otherwise, if the CMWD wishes to pursue ES8, it must first prepare an environmental impact report that (i) fully discloses potential impacts associated with construction of new, redundant facilities and the destruction of existing public facility, (ii) identifies alternatives that could avoid significant impacts and (iii) identifies mitigation measures that could reduce impacts to a level below significance. nards,;?3 !Mrh-i.hee L General Manager cc: File • . C o ogle earth feet~=============2000 rretersl-600 . . . . .. Go ogle earth m~~==::::::::::::::::::::~35 Water Boards State Water Resources Control Board OCT 1 7 2012 Barbara Kennedy Carlsbad Municipal Water District 1635 Faraday Avenue San Diego, CA 92008 Dear Ms. Kennedy: ~ EDMUND G. BROWN JR. ~GOVERNOR N~ MATTHEW RooRJauez ("""'-......_~ SECRETARY F"OR ~ ENVIRONMENTAL PROTECTION DRAFT INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (IS/MND) FOR CARLSBAD MUNICIPAL WATER DISTRICT (DISTRICT); PHASE Ill RECYCLED WATER PROJECT (PROJECT); SAN DIEGO COUNTY; STATE CLEARINGHOUSE NO. 2012091049 We understand that the District is pursuing Clean Water State Revolving Fund (CWSRF) financing for this Project (CWSRF No. C-06-7151-110). As a funding agency and a state agency with jurisdiction by law to preserve, enhance, and restore the quality of California's water resources, the State Water Resources Control Board (State Water Board) is providing the following information and comments on the IS/MND to be prepared for the Project. Please provide us with the following documents applicable to the proposed Project following the District's California Environmental Quality Act (CEQA) process: (1) one copy of the draft and final IS/MND, (2) the resolution adopting the IS/MND and making CEQA findings, (3) all comments received during the review period and the District's response to those comments, (4) the adopted Mitigation Monitoring and Reporting Program (MMRP), and (5) the Notice of Determination filed with the San Diego County Clerk and the Governor's Office of Planning and Research, State Clearinghouse. In addition, we would appreciate notices of any hearings or meetings held regarding environmental review of any projects to be funded by the State Water Board. The State Water Board, Division of Financial Assistance, is responsible for administering the CWSRF Program. The primary purpose for the CWSRF Program is to implement the Clean Water Act and various state laws by providing financial assistance for wastewater treatment facilities necessary to prevent water pollution, recycle water, correct nonpoint source and storm drainage pollution problems, provide for estuary enhancement, and thereby protect and promote health, safety and welfare of the inhabitants of the state. The CWSRF Program provides low- interest funding equal to one-half of the most recent State General Obligation Bond Rates with a 20-year term. Applications are accepted and processed continuously. Please refer to the State Water Board's CWSRF website at: www.waterboards.ca.gov/water issues/programs/grants loans/srf/index.shtml. The CWSRF Program is partially funded by the United States Environmental Protection Agency and requires additional "CEQA-Pius" environmental documentation and review. Four enclosures are included that further explain the CWSRF Program environmental review process and the additional federal requirements. CHARLES R. HOPPIN, CHAIRMAN I THOMAS HOWARD, EXECUTIVE DIRECTOR 1001 1 Street, Sacramento, CA 95814 1 Mailing Address: P.O. Box 100, Sacramento, CA 95812-0100 I www.waterboards.ca.gov 0 RECYCLED PAPER 2 The State Water Board is required to consult directly with agencies responsible for implementing federal environmental laws and regulations. Any environmental issues raised by federal agencies or their representatives will need to be resolved prior to State Water Board approval of a CWSRF financing commitment for the proposed Project. For further information on the CWSRF Program, please contact Mr. Ahmad Kashkoli, at (916) 341-5855. It is important to note that prior to a CWSRF financing commitment, projects are subject to provisions of the Federal Endangered Species Act (ESA}, and must obtain Section 7 clearance from the United States Department of the Interior, Fish and Wildlife Service (USFWS}, and/or the United States Department of Commerce National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS) for any potential effects to special-status species. Please be advised that the State Water Board will consult with USFWS, and/or NMFS regarding all federal special-status species that the Project has the potential to impact if the Project is to be funded under the CWSRF Program. The District will need to identify whether the Project will involve any direct effects from construction activities, or indirect effects such as growth inducement, that may affect federally listed threatened, endangered, or candidate species that are known, or have a potential to occur on-site, in the surrounding areas, or in the service area, and to identify applicable conservation measures to reduce such effects. In addition, CWSRF projects must comply with federal laws pertaining to cultural resources, specifically Section 1 06 of the National Historic Preservation Act. The State Water Board has responsibility for ensuring compliance with Section 106, and must consult directly with the California State Historic Preservation Officer (SHPO). SHPO consultation is initiated when sufficient information is provided by the CWSRF applicant. If the District decides to pursue CWSRF financing, please retain a consultant that meets the Secretary of the Interior's Professional Qualifications Standards (www.cr.nps.gov/local-law/arch stnds 9.htm) to prepare a Section 106 compliance report. Note that the District will need to identify the Area of Potential Effects (APE}, including construction and staging areas, and the depth of any excavation. The APE is three-dimensional and includes all areas that may be affected by the Project. The APE includes the surface area and extends below ground to the depth of any Project excavations. The records search request should be made for an area larger than the APE. The appropriate area varies for different projects but should be drawn large enough to provide information on what types of sites may exist in the vicinity. Please contact Ms. Susan Stewart at (916) 341-6983 to find out more about the requirements, and to initiate the Section 1 06 process. 3 Other federal requirements pertinent to the Project under the CWSRF Program include the following: A. Compliance with the Federal Clean Air Act: (a) Provide air quality studies that may have been done for the Project; and (b) if the Project is in a nonattainment area or attainment area subject to a maintenance plan; (i) provide a summary of the estimated emissions (in tons per year) that are expected from both the construction and operation. of the Project for each federal criteria pollutant in a nonattainment or maintenance area, and indicate if the nonattainment designation is moderate, serious, or severe (if applicable); (ii) if emissions are above the federal de minimis levels, but the Project is sized to meet only the needs of current population projections that are used in the approved State Implementation Plan for air quality, quantitatively indicate how the proposed capacity increase was calculated using population projections. B. Compliance with the Coastal Zone Management Act: identify whether the Project is within a coastal zone and the status of any coordination with the California Coastal Commission. C. Protection of Wetlands: Identify any portion of the proposed Project area that should be evaluated for wetlands or United States waters delineation by the United States Army Corps of Engineers (USACE), or requires a permit from the USACE, and identify the status of coordination with the USACE. D. Compliance with the Farmland Protection Policy Act: Identify whether the Project will result in the conversion of farmland. State the status of farmland (Prime, Unique, or Local and Statewide Importance) in the Project area and determine if this area is under a Williamson Act Contract. E. Compliance with the Migratory Bird Treaty Act: List any birds protected under this act that may be impacted by the Project and identify conservation measures to minimize impacts. F. Compliance with the Flood Plain Management Act: Identify whether or not the Project is in a Flood Management Zone and include a copy of the Federal Emergency Management Agency flood zone maps for the area. G. Compliance with the Wild and Scenic Rivers Act: Identify whether or not any Wild and Scenic Rivers would be potentially impacted by the Project and include conservation measures to minimize such impacts. Following are specific comments on the District's IS/MND: 1. Mitigation Measure Bio-1A states that "Prior to removal or damage of any active nests or any tree pruning or removal operations during the prime nesting seasons, that being from March 15 to May 30, a qualified biologist shall survey the trees to determine if there are any active nests within 500 feet of the area of tree removal or pruning." However, Page 31, under Biological Resources, mentions that the raptor nesting season is from January 15-July 31, the general nesting season is from February 1-August 31, and Mitigation Measure Bio-1 D states that the general breeding season is from January 15- September 15. 4 2. Please ensure that the breeding season timeframe is consistent with the California Department of Fish and Game (DFG) and the UFWS requirements to avoid any significant impacts or violation of the Migratory Bird Treaty Act (MBTA). If you have any questions, please consult with the DFG and USFWS regarding nesting seasons for the special status species listed with a high or moderate potential of occurring within the Project area. Specify how many days prior to construction (generally 30 days) and the timeframe that a qualified biologist shall survey. In case of vacating nests, consult with DFG or USFWS for appropriate protocol measures. 3. In order to comply with the MBTA, please include additional mitigation measures if birds or nests of birds subject to the MBTA are discovered outside the preconstruction survey window. Pre-construction surveying must be done during the general breeding season, not just during the prime breeding season, to prevent potential adverse effect to the bird species. 4. Identify the 3-dimensional APE including the depth of the proposed Project components and provide a map indicating the location and boundary. 5. Page IS-36 indicates that a cultural resources records search was performed by Atkins at the South Coastal Information Center in January 2012 (Atkins 2012) for the 2012 Master Plans EIR which included the APE of the proposed Phase Ill Project. Please indicate if this records search also included Twin D site, or the CWRF expansion, or if a separate records search was performed to include these areas. 6. Please send a copy of the records search that was done, including the search request and associated maps. Copies of site records and previous studies for areas within the Project APE will be required for SHPO consultation. Please identify areas exhibiting high archaeological resource sensitivity and include a map indicating the relative sensitivity of the project areas in relation to the Project APE. 7. Confirm that a Native American Consultation has been completed based upon the entire project area by providing a copy of the letter and maps sent to the Native American Heritage Commission, as well as copies of the letters and maps sent to the Native Americans and other interested parties. Follow-up with phone calls or email, and include a log of attempted contacts and any responses received. Follow-up on responses and include the information in the discussion on consultation. 8. Demonstrate that The Section 1 06 compliance efforts and reports have been prepared by a qualified researcher by providing copies of resumes of the Archaeologists conducting and providing oversight to the Section 1 06 reporting according to the Secretary of the Interior's Professional Qualifications Standards (www.cr.nps.gov/locallaw/ arch_stnds_9.htm). . . I ·~·· 5 Thank you for the opportunity to review the District's IS/MND. If you have any questions or concerns, please feel free to contact me at (916) 341-5855, or by email at AKashkoli@waterboards.ca.gov, or contact Jessica Collado at (916) 341-7388, or by email at JCollado@waterboards.ca.gov. Sincerely, A~ ~f4-"tr Ahmad Kashkoli Senior Environmental Scientist cc: State Clearinghouse (Re: SCH# 2012091 049) P.O. Box 3044 Sacramento, CA 95812-3044 Barbara Kennedy, Senior Planner 0 Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Kennedy: October 16, 2012 Subject: Comments on MND Phase III Recycled Water Project These comments on the draft MND for the Phase III Recycled Water Project are made on behalf of Preserve Calavera. Preserve Calavera is a grassroots organization whose mission is to preserve, protect and enhance the natural resources of coastal north San Diego County. This project is included as part of the broader program level EIR for the complete Recycled Water, Sewer and Water Master Plans. This program level EIR for these three plans is still being processed. This project assumes that the mitigation measures included in the as yet unadopted program level EIR plus the related mitigation measures included with this project level MND will address all ofthe potential direct and indirect impacts associated with this project. That is a pretty big assumption. It is also not acceptable per CEQA to process this project without having finalized the program level EIR of which it is a part. We see that the full program EIR is moving forward expeditiously and expect the city is assuming that it will be finalized before this current project level MND is certified. That of course would address this procedural issue. However the proper sequencing of these two documents should be identified. The following are our specific comments on this MND : Since the program level EIR of which this is a part is not yet finalized. This MND should specifically state it will incorporate all mitigation measures that are included in the final certified program level EIR. The current MND has included the mitigation measures(MM) from the DEIR (with minor modifications) but does not acknowledge that these may be modified through the final approval process. The figures do not show where access will occur in the Shadowridge area of Vista or the Ocean Hills Country Club area of Oceanside. Please clarify how it is intended that 5020 Nighthawk Way-Oceanside, CA 92056 www.preservecalavera.org . . 0 these systems will be connected and what additional system modifications and impacts associated with those modifications may occur in the two cities that will be affected by Carlsbad's plan. It is understood that the City of Carlsbad will not pursue expansion into these cities until agreements have been reached over such issues and cost sharing. The need to modify pipelines or other infrastructure within these two cities is a potential indirect impact that has not been identified or mitigated. This MND has not described what actions have been taken to comply with permit requirements related to wetland impacts. Specifically this requires that impacts are first avoided, then minimized and then mitigated. Putting in language that says wetlands impacts are being avoided does not demonstrate exactly what has been done to assure that there has been full compliance with this required process. Bio 1-b needs to be modified to include that biologist will also assess the open space areas for potential impacts on wildlife movement corridors and will take action to mitigate any potential temporary construction or permanent impacts. This should include not just what is identified as connecting linkages in the HMP, but actual on-the ground movement corridors that have been modified over time because of construction and other barriers that have changed historic movement patterns since the MHCP corridors were mapped 15 years ago. See Wildlife Corridor study submitted to the city as part ofthe analysis done for the new Carlsbad High School by Dudek in April2010. The program level EIR has not included appropriate reference to the adopted Agua Hedionda Watershed Management Plan (AHWMP) and such subsequent watershed management plans that may be adopted prior to these Phase III projects moving forward. Reference to the AHWMP as a guidelines document was included in the city's adopted Drainage Master Plan and should also be incorporated in this project level and the program level EIR as a guidelines document Thank you for your consideration of these comments. We look forward to working with you to address these concerns. Sincerely, Diane Nygaard On Behalf of Preserve Calavera Cc: Bryand Duke CDFG, Janet Stuckrath USFWS 2 '\I -=-~ . --.• Department of Toxic Substances Control Matthew Rodriquez Secretary for Environmental Protection October 9, 2012 Ms. Barbara Kennedy Deborah 0. Raphael, Director 5796 Corporate Avenue Cypress, California 90630 Carlsbad Municipal Water District 1635 Faraday Avenue Carlsbad, California 92008 Edmund G. Brown Jr. · Governor NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) PHASE Ill RECYCLED WATER PROJECT, (SCH#2012091049), SAN DIEGO COUNTY Dear Ms. Kennedy: The Department of Toxic Substances Control (DTSC) has received your submitted Initial Study (IS) and a draft Mitigated Negative Declaration (MND) for the above-mentioned project. The following project description is stated in your document: "The Phase Ill Recycled Water Project (Phase Ill Project) is located in the City of Carlsbad (City) in the County of San Diego, California, within the Carlsbad Municipal Water District (CMWD) service area. A small portion of the project (Expansion Segment 4A) is located in the City of Vista and small component (Expansion Segment 5) is located in the City of Oceanside. The proposed project, Phase Ill, would expand CMWD's recycled water system to the north area of Carlsbad and begin initial expansion into neighboring water service agencies. The Phase Ill project would also install 96,600 linear feet of pipelines, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area. The Phase Ill project components would be completed between 2014 and 2020. Existing land uses in the project vicinity include residences, commercial centers, industrial and business parks, and utility infrastructure. The Phase Ill project would be constructed within the Carlsbad Water Recycling Facility (CWRF), within existing and planned roadway right of way (ROW), and within the Burlington Northern and Santa Fe Railway (BNSF) railroad right of way." Based on the review of the submitted document DTSC has the following comments: 1) The MND should evaluate whether conditions within the Project area may pose a threat to human health or the environment. Following are the databases of some of the regulatory agencies: · ® Printed on Recycled Paper Ms. Barbara Kennedy October 9, 2012 Page 2 • National Priorities List (NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). • EnviroStor (formerly CaiSites): A Database primarily used by the California Department of Toxic Substances Control, accessible through DTSC's website (see below). • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCUS): A database of CERCLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. • GeoTracker: A List that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213) 452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 2) The MND should identify the mechanism to initiate any required investigation and/or remediation for any site within the proposed Project area that may be contaminated, and the government agancy to provide appropriate regulatory oversight. If necessary, DTSC would require an oversight agreement in order to review such documents. 3) Any environmental investigations, sampling and/or remediation for a site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations, including any Phase I or II Environmental Site Assessment Investigations should be summarized in the document. All sampling results in which hazardous substances were found above regulatory standards should be clearly summarized in a table. All closure, certification or remediation approval reports by regulatory agencies should be included in the MND. 4) If buildings, other structures, asphalt or concrete-paved surface areas are being planned to be demolished, an investigation should also be conducted for the Ms. Barbara Kennedy October 9, 2012 Page 3 presence of other hazardous chemicals, mercury, and asbestos containing materials (ACMs). If other hazardous chemicals, lead-based paints (LPB) or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies. 5) Project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal Restrictions (LDRs) may be applicable to such soils. Also, if the project proposes to import soil to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. 6) Human health and the environment of sensitive receptors should be protected during the field activities. If necessary, a health risk assessment overseen and approved by the appropriate government agency should be conducted by a qualified health risk assessor to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 7) If the project area was used for agricultural, livestock or related activities, onsite soils and groundwater might contain pesticides, agricultural chemical, organic waste or other related residue. Proper investigation, and remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. 8) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5). If it is determined that hazardous wastes will be generated, the facility should also obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. Certain hazardous waste treatment processes or hazardous materials, handling, storage or uses may require authorization from the local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUP A. 9) DTSC can provide cleanup oversight through an Environmental Oversight Agreement (EOA) for government agencies that are not responsible parties, or a Voluntary Cleanup Agreement (VCA) for private parties. For additional information on the EOA or VCA, please see www.dtsc.ca.gov/SiteCieanup/Brownfields, or contact Ms. Maryam Tasnif- Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714) 484-54~9. Ms. Barbara Kennedy October 9, 2012 Page4 If you have any questions regarding this letter, please contact Rafiq Ahmed, Project Manager, at rahmed@dtsc.ca.gov, or by phone at (714) 484-5491. Sincerely, Rafiq Ahmed Project Manager Brownfields and Environmental Restoration Program cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 state.clearinghouse@opr.ca.gov. CEQA Tracking Center Department ofT oxic Substances Control Office of Environmental Planning and Analysis P.O. Box 806 Sacramento, California 95812 Attn: Nancy Ritter nritter@dtsc.ca.gov CEQA# 3654 To: Subject: San Diego County Archaeological Society, Inc. Environmental Review Committee Ms. Barbara Kennedy Planning Division City of Carlsbad 1635 Faraday Avenue 28 September 2012 Carlsbad, California 92008-7314 Draft Mitigated Negative Declaration Phase III Recycled Water Project EIA 12-02 Dear Ms. Kennedy: I have reviewed the subject DMND on behalf of this committee of the San Diego County Archaeological Society. Based on the information contained in the DMND and initial study, we have the following comments: 1. Page IS-37 of the initial study states that, for areas which "would involve installation of new pipelines located entirely within existing roadways", that "Archaeological resources within the roadway ROW would have been removed or destroyed by previous construction." Any number of cases could be cited to disprove this unfounded assumption. The City of San Diego has required monitoring in many situations for just such work and has encountered numerous archaeological deposits which were, in fact, protected by the roadway rather than destroyed by it. Ms. Myra Herrmann at the City (mherrmann@sandiego.gov) can verify that fact. 2. To address this possibility, a qualified archaeologist must review the entire route of these new pipelines and identify any areas where unknown subsurface deposits could exist. If, for example, development took place in an area prior to CEQA implementation requiring cultural resources studies, all but the portions of cultural deposits could have been destroyed without their being recorded. Archaeological and Native American monitoring should then be required for those portions of the routes of the new pipelines, with detailed requirements addressing the procedures to be followed if resources are encountered, up to and including analysis, report preparation and curation of cultural material not associated with human remams. P.O. Box 81106 San Diego, CA 92138-1106 (858) 538-0935 0 0 SDCAS appreciates the opportunity to participate in the City's environmental review process for this project. cc: Atkins SDCAS President File Sincerely, ~oyle, Jr., Ch · erso ' Environmental Review Committee P .0. Box 81106 • San Diego, CA 92138-1106 • (858) 538-0935 NATIVE AMERICAN HERITAGE COMMISSION 91 S CAPITOL MAll, ROOM 364 SACRAMENTO, CA 95814 (916) 653-0251 Fax (916) 657-5390 Web Sne www.nahc.ca.gov ds_nahc@pacbell.net Ms. Barbara Kennedy, Planner September 24, 2012 Carlsbad Municipal Water District (CMWD) 1635 Faraday Avenue Carlsbad, CA 92008 Re: SCH#2012091 049; CEQA Notice of Completion; proposed Mitigated Negative Declaration; for the ~Phase Ill Recycled Water Project (EIA 12-02)" located in the City of Carls~ad;__.~~.!l_Pi_~g.Q_~JlUIJ~CJI!fQ.m_i~. Dear Ms. Kennedy: The Native American Heritage Commission (NAHC) is the State of California 'Trustee Agency' for the protection and preservation of Native American cultural resources pursuant to California Public Resources Code §21 070 and affirmed by the Third Appellate Court in the case of EPIC v. Johnson (1985: 170 Cal App. 3rtt 604). This letter includes state and federal statutes relating to Native American historic properties or resources of religious and cultural significance to American Indian tribes and interested Native American individuals as 'consulting parties' under both state and federal law. State law also addresses the freedom of Native American Religious Expression in Public Resources Code §5097.9. The California Environmental Quality Act (CEQA-CA Public Resources Code 21000-21177, amendments effective 3/18/201 0) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the CEQA Guidelines defines a significant impact on the environment as 'a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ... objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE), and if so, to mitigate that effect. The NAHC recommends that the lead agency request that the NAHC do a Sacred Lands File search as part of the careful planning for the proposed project. The NAHC ~sacred Sites,' as defined by the Native American Heritage Commission and the California Legislature in California Public Resources Code §§5097.94(a) and 5097.96. Items in the NAHC Sacred Lands Inventory are confidential and exempt from the Public Records Act pursuant to California Government Code §6254 (r ). Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries of cultural resources or burial sites once a project is underway. Culturally affiliated tribes and individuals may have knowledge of the religious and cultural c 0 significance of the historic properties in the project area (e.g. APE). We strongly urge that you make contact with the list of Native American Contacts on the attached list of Native American contacts, to see if your proposed project might impact Native American cultural resources and to obtain their recommendations concerning the proposed project. Pursuant to CA Public Resources Code § 5097.95, the NAHC requests cooperation from other public agencies in order that the Native American consulting parties be provided pertinent project information. Consultation with Native American communities is also a matter of environmental justice as defined by California Government Code §65040.12(e). Pursuant to CA Public Resources Code §5097.95, the NAHC requests that pertinent project information be provided consulting tribal parties, including archaeological studies. The NAHC recommends avoidance as defined by CEQA Guidelines §15370(a) to pursuing a project that would damage or destroy Native American cultural resources and California Public Resources Code Section 21083.2 (Archaeological Resources) that requires documentation, data recovery of cultural resources, construction to avoid sites and the possible use of covenant easements to protect sites. Furthermore, the NAHC if the proposed project is under the jurisdiction of the statutes and regulations ofthe National Environmental Policy Act (e.g. NEPA; 42 U.S.C. 4321-43351). Consultation with tribes and interested Native American consulting parties, on the NAHC list, should be conducted in compliance with the requirements of federal NEPA and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 et seq), 36 CFR Part 800.3 (f) (2) & .5, the Presidenfs Council on Environmental Quality (CSQ, 42 U.S.C 4371 et seq. and NAGPRA (25 U.S.C. 3001- 3013) as appropriate. The 1992 Secretaryofthe Interiors Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Also, federal Executive Orders Nos. 11593 (preservation of cultural environment), 13175 (coordination & consultation) and 13007 (Sacred Sites) are helpful, supportive guides for Section 106 consultation. The aforementioned Secretary of the Interior's Standards include recommendations for all 'lead agencies' to consider the historic context of proposed projects and to "research" the cultural landscape that might include the 'area of potential effect.' Confidentiality of "historic properties of religious and cultural significance" should also be considered as protected by California Government Code §6254( r) and may also be protected under Section 304 of he NHPA or at the Secretary of the Interior discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C., 1996) in issuing a decision on whether or not to disclose items of religious and/or cultural significance identified in or near the APEs and possibility threatened by proposed project activity. Furthermore, Public Resources Code Section 5097.98, California Government Code §27491 and Health & Safety Code Section 7050.5 provide for provisions for inadvertent discovery of human remains mandate the processes to be followed in the event of a discovery of human remains in a project location other than a 'dedicated cemetery'. To be effective, consultation on specific projects must be the result of an ongoing relationship between Native American tribes and lead agencies .. project proponents and their contractors, in the opinion of the NAHC. Regarding tribal consultation, a relationship built around regular meetings and informal involvement with local tribes will lead to more qualitative consultation tribal input on specific projects. Finally, when Native American cultural sites and/or Native American burial sites are prevalent within the project site, the NAHC recommends 'avoidance' of the site as referenced by CEQA Guidelines Section 15370(a}. ?. 0 0 If you have any questions about this response to your request, please do not hesitate to t me at (916) 6 3-625 Cc: Attachment: Native American Contact List c Native American Contacts 0 San Diego County September 24, 2012 Sarona Group of the Capitan Grande Edwin Romero, Chairperson 1 095 Sarona Road Diegueno Lakeside , CA 92040 sue@ barona-nsn.gov (619) 443-6612 619-443-0681 La Posta Band of Mission Indians Gwendolyn Parada, Chairperson PO Box 1120 Diegueno/Kumeyaay Boulevard , CA 91905 gparada@ lapostacasino. (619) 478-2113 619-478-2125 San Pasqua! Band of Mission Indians Allen E. Lawson, Chairperson PO Box 365 Diegueno Valley Center. CA 92082 allenl@sanpasqualband.com (760) 7 49-3200 (760) 7 49-3876 Fax Sycuan Band of the Kumeyaay Nation Daniel Tucker, Chairperson 5459 Sycuan Road Diegueno/Kumeyaay El Cajon , CA 92019 ssilva @sycuan-nsn.gov 619 445-2613 619 445-1927 Fax This list Is current only as of the date of this document Viejas Band of Kumeyaay Indians Anthony R. Pico, Chairperson PO Box 908 Diegueno/Kumeyaay Alpine • CA 91903 jrothauff@viejas-nsn.gov (619) 445-3810 (619) 445-5337 Fax Jamul Indian Village Raymond Hunter, Chairperson P.O. Box 612 Diegueno/Kumeyaay Jamul , CA 91935 jamulrez@sctdv .net (619) 669-4785 (619) 669-48178 -Fax Mesa Grande Band of Mission Indians Mark Romero, Chairperson P.O Box 270 Diegueno Santa Ysabel, CA 92070 mesagrandeband@msn.com (760) 782-3818 (760) 782-9092 Fax Pala Band of Mission Indians Historic Preservation Office/Shasta Gaughan ~~1?.9~ _Pala Temecula Road, Luiseno Pala , CA 92059 Cupeno PMB50 (760) 891-3515 sgaughen@ palatribe.com (760) 742-3189 Fax Distribution of this list does not relieve any person of the statutory responsibilitY as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed sCH#2012091049; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the Phase Ill Recycled Water Project; located in the City of Carlsbad; San Diego County, California. 0 Native American Contacts 0 San Diego County September 24,2012 Pauma & Yuima Reservation Randall Majel, Chairperson P.O. Box 369 Luiseno Pauma Valley CA 92061 paumareservation@ aol.com (760) 7 42-1289 (760) 742-3422 Fax Rincon Band of Mission Indians Vincent Whipple, Tribal Historic Preationv. Officer P.O. Box 68 Luiseno Valley Center. CA 92082 twolfe@ rincontribe .org (760) 297-2635 (760) 297-2639 Fax Kwaaymii Laguna Band of Mission Indians Carmen Lucas P.O. Box 775 Diegueno- Pine Valley , CA 91962 (619) 709-4207 Inaja Band of Mission Indians Rebecca Osuna, Chairman 2005 S. Escondido Blvd. Diegueno Escondido , CA 92025 (760) 737-7628 (760) 747-8568 Fax This list is current only as of the date of this document Pauma Valley Band of Luiseno Indians Bennae Calac, Tribal Council Member P.O. Box 369 Luiseno Pauma Valley CA 92061 bennaecalac@aol.com (760) 617-2872 (760) 742-3422-FAX Rincon Band of Mission Indians Bo Mazzetti, Chairperson P.O. Box 68 Luiseno Valley Center. CA 92082 bomazzetti @aol.com (760) 749-1051 (760) 749-8901 Fax San Pasqua! Band of Indians Kristie Orosco, Environmental Coordinator P.O. Box 365 Luiseno Valley Center. CA 92082 Diegueno (160) 7 49-3200 council@sanpasqualtribe.org (760) 7 49-3876 Fax Ewiiaapaayp Tribal Office Will Micklin, Executive Director 4054 Willows Road Diegueno/Kumeyaay Alpine , CA 91901 wmicklin@leaningrock.net (619) 445-6315-voice (619) 445-9126-fax Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable for contacting local Native Americans with regard to cultural resources for the proposed sCH#2012091049; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the Phase IH Recycled water Project; located in the City of Carlsbad; San Diego County, California. 0 Native American Contacts 0 San Diego County September 24, 2012 San Luis Rey Band of Mission Indians Cultural Department 1889 Sunset Drive Luiseno Vista 1 CA 92081 Cupeno 760-724-8505 760-724-2172-fax La Jolla Band of Mission Indians Lavonne Peck, Chairwoman 22000 Highway 76 Luiseno Pauma Valley CA 92061 rob.roy@ lajolla-nsn.gov (760) 7 42-3796 (760) 7 42-1704 Fax lpai Nation of Santa Ysabel Clint Linton, Director of Cultural Resources P.O. Box 507 Diegueno!Kumeyaay Santa Ysabel. CA 92070 cjlinton73@ aol.com (760) 803-5694 cjlinton73@ aol.com Inter-Tribal Cultural Resource Protection Council Frank Brown, Coordinator 240 Brown Road Diegueno!Kumeyaay Alpine , CA 91901 frankbrown6928@gmail.com (619) 884-6437 This list is current only as of the date of this document Kumeyaay Cultural Repatriation Committee Bernice Paipal Vice Spokesperson 1 095 Sarona Road Diegueno/Kumeyaay Lakeside 1 CA 92040 (619) 478-2113 (KCRC is a Colation of 12 Kumeyaay Governments Distribution of this list does not relieve any person of the statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. This list is applicable tor contacting local Native Americans with regard to cultural resources for the proposed sCH#2012091049; CEQA Notice of Completion; proposed Mitigated Negative Declaration for the Phase Ill Recycled Water Project; located in the City of Carlsbad; San Diego County, California. ::::~:;:;;:::;~~;;;~:woAQENcY EDMUND G BROWN Jr . Governor DISTRICT 11, DIVISION OF PLANNING 4050 TAYLOR ST, M.S. 240 SAN DIEGO, CA 92110 PHONE (619) 688-6960 Flex your power! FAX (619) 688-4299 Be energy efficient! TfY 711 www.dot.ca.gov September 24, 2012 Ms. Barbara Kennedy City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Dear Ms. Kennedy: 11-SD-5 PM 44.07-50.68 Carlsbad MWD Phase III Recycled Water MND I SCH #2012091049 The California Department of Transportation (Caltrans) received the Mitigated Negative Declaration (MND) for the proposed Carlsbad Municipal Water District Phase III Recycled Water project (SCH #20 12091 049) for the City of Carlsbad. Cal trans has the following comments: Any utility crossings of freeways will need an encroachment permit from Cal trans. Please refer to Caltrans Encroachment Permits Manual (http://www .dot. ca. gov /hg/traffops/ developserv/permits/encroachment permits manual/index.ht ml) for guidance on utility encroachment. Additional information regarding encroachment permits may be obtained by contacting the Caltrans Permits Office at (619) 688-6158. Early coordination with Caltrans is strongly advised for all encroachment permits. If you have any questions, please contact Leila Ibrahim, Development Review Branch, at ( 619) 688-6802. Sincer y, ~ 1\COB ARMSTRONG, Chief Development Review Branch "Caltrans improves mobility across California" «~ CITY OF ~CARLSBAD FILE COF'l Community & Economic Development www .carlsbadca.gov November 15, 2012 RE: EIA 12-02 -Phase Ill Recycled Water Project -Mitigated Negative Declaration Thank you for submitting comments on the Draft Mitigated Negative Declaration for the Phase Ill Recycled Water Project (SCH No.2012091049). An individual response to your comments is enclosed. A notice to inform you of the date and time of the public hearing on this project will be mailed under separate cover. If you have any questions, please contact Barbara Kennedy, Associate Planner, at (760) 602-4626 or via email at: barbara. kennedy@carlsbadca.gov. 0 Planning Division 'lr/ 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8559 fax (t~ CITY OF ~CARLSBAD Planning Division October 9, 2012 David Ahles Senior Engineer 1635 Faraday Avenue Carlsbad, CA 92010 SUBJECT: EIA 12-02-PHASE Ill RECYCLED WATER PROJECT MND Dear Mr. Ahles: www.carlsbadca.gov Pursuant to Senate Bill 1535, approved in 2006, it has been determined that your project is subject to filing fees levied by the State Department of Fish and Game (DFG). This law requires the State of California Department of Fish and Game to levy a fee (Effective January 1, 2010, DFG has implemented fee increases) to all project applicants (public and private) subject to the California Environmental Quality Act (CEQA) to defray the cost of managing and protecting fish and wildlife trust resources. Projects which are categorically exempt from CEQA and which have no adverse impact on fish and wildlife, or projects which are denied, are not subject to the fee. A!! other projects are subject to the following fees (fees effective January 1, 2012): Projects with Negative Declarations $2,151.50 Projects with EIRs $2,969.00 Due to State Law constraints, the City of Carlsbad will collect the fee where applicable and pass it to the County of San Diego. The fee above includes the County Clerk's filing fee of $50.00. This fee is payable to the County on approval of your project. Please remit a check for $2151.50 (payable to the County Clerk) to Barbara Kennedy, Project Planner, City of Carlsbad, Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. Please note the application will not be scheduled for a hearing until the fee has been received by the Planning Division. If you have any questions, please contact me at (760) 602-4626. Sincerely, l)Mkw.. ~~ ~ BARBARA KENNEDY, AICP Associate Planner BK:bd 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 5£JJI 7/J..t/t:J...- 4~~ CITY OF VcARLSBAD Planning Division July 24, 2012 Bill Plummer Deputy Engineer 1635 Faraday Avenue Carlsbad, CA 92010 LJ FILE www.carlsbadca.gov SUBJECT: 1ST REVIEW FOR EIA 12-02-PHASE Ill RECYCLED WATER PROJECTS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Division has reviewed your submittal for an environmental impact assessment, application no. EIA 12-02 - Phase Ill Recycled Water Master Projects, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled 'for a hearing. The Planning Division will begin processing your application as of the date of this communication. In order to expedite the processing of your application, you are strongly encouraged to contact your Staff Planner, Barbara Kennedy, at (760) 602-4626, to discuss or to schedule a meeting to discuss your application and to completely understand this letter. Sincerely, DAVE DE CORDOVA Principal Planner DdC:BK:sm c: Don Neu, Planning Director David Ahles, Senior Engineer File Copy Data Entry T 760-602-4600 F 760-602-8559 Mitigated Negative Declaration Case Number: EIA 12-02 Project Title: Phase Ill Recycled Water Project Project Location The Phase Ill Recycled Water Project (Phase Ill project) is located in the City of Carlsbad (City) in the County of San Diego, California, within the Carlsbad Municipal Water District ~:cMWD) service area (see Figure 1). A small portion of the project (Expansion Segment 4A) is located in the City of Vista and a small component (Expansion Segment 5) is located in the City of Oceanside. The project components will occur within public rights-of-way (ROW) and easements, with the exception of a portion of pipeline that would extend across the La Costa Resort and Spa property. The locations of individual components are shown in Figure 2. The Carlsbad Water Recycling Facility (CWRF) Expansion would be installed at the existing CWRF, located at 6220 Avenida Encinas, carlsbad, CA, 92011. The new or relocated storage tank would be located at the existing "Twin 0" tank site near the intersection of F1oinsettia Lane and Black Rail Road. Expansion Segment lA (ES 1A) is located in existing roadwavs south of Palomar Airport Road, west of El Camino Real, and along Camino Via Roble. Expansion Segment 2 (ES 2) is located south of Agua Hedionda Lagoon, west of Interstate 5, along the! Atchison Topeka & Santa Fe (AT&SF) railroad track and Avenida Encinas. Expansion SegmE!nt 4A (ES 4A) is located in South Melrose Avenue in the City of Vista, just east of the boundary of Carlsbad and Vista. Expansion Segment 5 ( ES 5) north and south of State Route 78 (SR-78} along the Carlsbad/Oceanside boundary, and along El Camino Real to Kelly Street. ExpansitJn Segment 7 ( ES 7) is located south of SR-78, west of College Avenue, and north east of Carlsbad Village Drive. Expansion Segment 8 (ES 8) is located along El Camino Real between Aviara and La Costa Avenue and within the South La Costa Golf Course. Expansion Segment 9 (ES 9} Is located north of Batiquitos Lagoon, west of Interstate 5, east of Highway 101, and south of Poinsettia Avenue. Expansion Segment 18 (ES 18) is located southwest of Maerkle Reservoir along Palmer Way and Impala Drive. Description of Project Implementation of the 2012 Recycled Water Master Plan (RWMP) is divided into three phases: Existing (Phase I and Phase II), Phase Ill, and Build-out. The proposed project, Phase Ill, would expand CMWD's recycled water system to the north area of Carlsbad and begin i•nitial expansion into neighboring water service agencies. The Phase Ill project components would be completed between 2014 and 2020. The Phase Ill project would expand the treatment capacity (from 4.0 mgd to 8.0 mgd) within the CWRF by installing additional filtration units and chlorine contact basins. The Phase Ill project would also install 96,600 linear feet of pipelines, relocate or construct a new storage tank, convert existing potable water facilities to recycled water use, and retrofit landscape irrigation water systems to use recycled water in eight expansion segment locations throughout the project area (see Figure 2). CMWD Phase Ill Recycled Water Projects IS/MND Page MND-1 November 27, 2012 MITIGATED NEGAl'IVE DECLARATION Determination The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation ofthe California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study identified potentially significant effects on the environment, and the City of Carlsbad finds as follows: [2$J Although the proposed project could have a significant effect on the envin:mment, there will not be a significant effect in this case because the mitigation measure:> described on the attached sheet have been added to the project. 0 The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately anatvzed in an Earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Mitigated Negative Declaration applies only to the effects that remained to be addressed). 0 Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have bE~en avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. A copy of the initial study documenting reasons to support the Mitigated Negative Declaration is on file in the Planning Division, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED: --~N~ov~e~m~be~r~2~7~,~2~0=1~2~p~u~~~u~a~nt~t~o~C~M~W~D~Re~s~o~lu~t~io~n~N~o~·~1~4~5~5~·-------------- ATIEST: MATT Juilll-4 President, Carlsbad Municipal Water District CMWD Phase Ill Recycled Water Projects IS/MND