HomeMy WebLinkAboutLCPA 98-04; Thompson/Tabata; Local Coastal Program Amendment (LCPA) (5)I& ASSOCIATES. INC. I
Professional Teams for Complex Projects
May 9,2002
Mr. Mike Grim
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
/4
f ilgmeering, Planning,
Environmental Sciences and
Management Services
Corporate Office:
605 Third Street 760.942.51 47
Encinitas, California 92024 Fax 760.632.0164
2755-02
Subject: ThompsodTabata
Dear Mr. Grim:
This letter is in response to the California Coastal Commission’s inquiry regarding the
jurisdictional status of the riparian habitat area located along the western property
boundary of the project site. It is our understanding that Keri Akers’ concerns pertain
specifically to the need for a consultation with United States Army Corps of Engineers
(USACE) regarding disturbance to the habitat.
In October 2000, Dudek and Associates, Inc. prepared a biological survey for the
Thompson property. At that time, it was our determination that although the habitat
area was isolated and disturbed, it was within the jurisdiction of the USACE and would
require a consultation prior to any further disturbance.
Subsequent to this determination, on January 9, 2001, the United States Supreme Court
determined in the case of the Solid Waste Agency of Northern Cook County (SWANCC)
vs. USACE that the USACE does not have jurisdiction over isolated waters and Wetlands
and waters are considered isolated if there is no evidence of connecting surface flows to
interstate or navigable waterbodies.
The riparian habitat in question on the Thompson property is located within a manmade
desiltation basin constructed by the previous owner of the property who maintained a
nursery operation on-site. The habitat is located adjacent to the paved access road to the
site and is isolated from other water bodies, including streams and other habitat areas
occurring off-site.
In summary, the original Thompson biological survey determination was made prior to
the SWANCC ruling which re-defined the jurisdiction of the USACE. Since the habitat
area on the Thompson property meets the criteria for an “isolated (I’m not sure if you
Mr. Mike Grim
Re: ThompsotdTabata
need the) “wetland,” the USACE does not have jurisdiction over it, and an USACE
consultation is therefore unnecessary. The habitat does remain under the jurisdiction of
the California Department of Fish and Game (CDFG) and the Regional Water Quality
Control Board (RWQCB). Both the CDFG and RWQCB have been consulted in this
matter and approved the use of the habitat area as an open space lot.
Sincerely,
DUDEK & ASSOCIATES, INC.
v Anita Hayworth
a k
cc: Jack Henthorn, Henthorn &Associates
Kathy Baker, Standard Pacific Housing
2755-02
May 9,2002 2
I Professional Teams for Complex Projects