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Home My WebLink AboutSUP 06-10; Agua Hedionda Outer Lagoon Maintenance; Special Use Permit (SUP)~ ~~i ·.~ 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 D Administrative Permit D Coastal Development Permit (*) D Minor D Conditional Use Permit (*) D Minor D Extension D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit(*) D Planned Development Permit D Residential D Non-Residential D Planned Industrial Permit D Planning Commission Determination D Site Development Plan (Ja Special Use Permit D Tentative Tract Map D Variance 0 Administrative (FOR DEPT USE ONLY) Legislative Permits ~o.r~lc:J ~ ~ 0 General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan 0Amendment D Specific Plan 0Amendment D Zone Change (*) 0 Zone Code Amendment List other applications not specified D D JD ( *) = eligible for 25% discount (FOR DEPT USE ONLY) NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: 210-010-43 PROJECTNAME: Agua Hedionda Lagoon Outer Basin Maintenance Dredging BRIEF DESCRIPTION OF PROJECT: Routinely maintenance dredge the outer basin of AHL to provide adequate cooling water flow to Encina Power Station. Dredge spoils removed to be placed on local Carlsbad beaches. Renewal application for Special Use Permit 06-10. BRIEF LEGAL DESCRIPTION: Portions of Lot "H" of Rancho Agua Hedionda, according to partition Map No. 823, filed November 16, 1896. LOCATION OF PROJECT: Encina Power Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008 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 of 5 Revised 07/10 OWNER NAME (Print): Calu:j J J Q :fC!Ilii:l:: I LLC APPLICANT NAME (Print): SAME MAILING ADDRESS: 4600 Carlsbad Blvd. MAILING ADDRESS: CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: TELEPHONE: (ZfiQ) 268-4000 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~ORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWL:r~ ;,/; 3~/ THE BEST OF MY KNOWLEDGE. SIGNATURE DATE' SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Jerry L. Carter MAILINGADDRESS: Encina Power Station, 4600 Carlsbad Blvd. CITY, STATE, ZIP: Ca:t:J~bad.. ~A 22Q06 TELEPHONE: (ZfiQ) 268-4011 EMAIL ADDRESS: jerry.carter@nrgenergy.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND ~ORRECT TO~HE ()T OF ~KNOWLEDGE. ~Q.. l"""\. :v .. /b/to/dD/1 flfGNATURE DATE r 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 THELAND~~~ST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of5 RECEIVED OCT 14 ?:·l CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 07/10 c <<~· ~ CITY OF DISCLOSURE STATEMENT P-1(A) Develooment Services PIIIII'IIRJ D1vlllon 1635 Faraday Avenue (760) 602-4610 www .carlsbadc:a.p CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which wil1 require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following Information Jill! be dlaclo8ed at the time of application submittal. Your project cannot be reviewed until this information Is completed. Please print. Note; Penon II defined 81 "Any individual, finn, co-partnership, joint venture, aeaoclatlon, IOCial club, fratemaf OfVIIIfalffon. corpcnCfon, ..... trust, !8Cii¥er, ayndate, fn this and any other ClOUtlly, city and cocny, city munlc:fplllty, dletrlct or other polltlcaleubdivltlon or any other group orcomblnallon acting •• a unit • ~ may IIQn tnll dOcumenl; nowever. tne legal name and entity or the appliCant and property owner muat be provided below. 1. APPLICANT (Not the applicanrs agent) Provide the COMPLETE. LEGAL names and addresses of &&., persons having a financial interest in the application. If the applicant inctudes a corporation or Dar1nenhip. Include the names. titles, addresses of an indiYiduals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publcly-ownld corooration. include the names. lltles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person /Er,"c.. 67..,~\"'-Corp/Part Cabrlllo Power I LLC Title v,·~ P'("'lo•'clltf\.f-Tdle .,_,_ ____________________ _ Address 4§00 Carlsbad Blvd. Address 4600 Carlsbad Blvd, Carlsbad, CA 92008 Carlsbad, CA 9Z008 2. OWNER (Not the owner's agent) . P-1(A) Provide the COMPLEJE. LEGAL names and addresses of 61.1. persons haVing any ownenhip interest in the property involved. Also. provide the nature of the legal ownenhlp (I.e., partnership, tenants In common, non-profit, corporation, etc.). If the ownership includes a corporation or Dlr1nersbio. include the names, titles, addresses of all Individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publc!y-owned corporation, include the names, tiUes, and addresses of the corporate otlk:ers. (A separate page may be attached if necessary.) Person G:..r:c.. &-qJcal"l Title \).C..( f'tu >cl<t\l- Address 4600 Carlsbad Blvd. Carlsbad. CA 92008 Co~Part Cabrillo Power I LLC "~·--------.-.---------.--.---- Add 4600 Carlsbad Blvd. rass. _________________________ __ Carlsbad, CA 92008 Page 1 cl2 Reviled 07/tO c WRITTEN ACTION OF THE SOLE MEMBER OF CARRILLO POWER I LLC JULy 22, 2011 The undersigned, being the sole member (the "Member") of Cabrillo Power I LLC, a Delaware limited liability company (the "Company"), acting pursuant to and in accordance with the provisions of the Company's Amended and Restated Limited Liability Company Agreement (the "Agreement"), and the Delaware Limited Liability Company Act, does hereby take and adopt the following actions in lieu of a meeting, effective as of July 22, 20 11. WHEREAS, pursuant to the Agreement, the Member may identify and appoint one or more persons to manage and control the business and affairs of the Company, who shall be designated as Officers of the Company; NOW, THEREFORE, BE IT RESOLVED, that the Member, effective as ofthe date hereof, hereby elects to remove the following person(s) to the office(s) of the Company set forth opposite their respective names below: Name Office Keith Richards President FURTHER RESOLVED, that the Member, effective as of the date hereof, hereby elects and appoints the following person(s) to the office(s) of the Company set forth opposite their respective names below, to serve until the appointment and qualification of their respective successor or successors or until their respective earlier death, resignation or removal: Name Office Eric Gavala President FURTHER RESOLVED, that any actions heretofore taken by the above named person(s) consistent with the person(s) office(s) as listed above are hereby adopted, ratified and confirmed in all respects. IN WITNESS WHEREOF, the undersigned has executed this written action as of the date first written above. ·.. ---. MEMBER: WEST COAST POWER LLC C4es----- «~· ~ CITY OF CARLSBAD EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. P-1(0) Page 1 of4 Revised 07/10 ~. ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: J 0-Jt..(-II (To be completed by City) Application Number(s):S w:> 0 (o -I 0 X I General Information 1. Name of project: Agua Hedionda Lagoon Maintenance Dredging Project 2. Name of developer or project sponsor: Cabrillo Power I LLC, Encina Power Station Address: 4600 Carlsbad Blvd. City, State, Zip Code: Carlsbad, CA 92008 PhoneNumber: --~c~z~6~0~)~2~68~4~o~o~oL_ __________________________________ __ 3. Name of person to be contacted concerning this project: ____ M_s_. __ s_h_e_i_l_a __ H_e_n_i_k_a...:.., __ P_._E_._ Address: --~4~6~0~0_C~a~r~l~s~b~a~d~B~l~v~d~·------------------------------------- City, State, Zip Code: __ c_a_r_l_s_b_a_d_, _c_A ___ 9_2_o_o_8 ____________________________ __ Phone Number: (760) 268-4018 4. Address of Project: Outer AHL basin, Carlsbad Beaches, Plant Property Assessor's Parcel Number: __ _.2:....1uO.~..:.-::lO.LJ1u0.~..:.-==4t...3L--________________________________ _ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: USACOE, California Coastal Commission, SDCtyAPCD, SDRWQCB, CaDP&R, CaSLC 6. Existing General Plan Land Use Designation: ----------------------------------- 7. Existing zoning district: ---------------------------------------------------- 8. Existing land use(s): Power Generation, Aquaculture, recreational, residential 9. Proposed use of site (Project for which this form is filed): Routine maintenance dredging to provide adequate plant cooling water supply Project Description Please refer to enclosed renewal application for SUP 06-10 10. Site size: 11. N/A Proposed Building square footage: ------------------------------------------- 12: Number of floors of construction: 13. Amount of off-street parking provided: N/A 14. Associated projects: ....!N::...t./-=.A!..._ __________________________________________ _ P-1(0) Page 2 of4 Revised 07/10 SUP 06-10 ~ewal Application 15. If residential, include the number of units and schedule of unit sizes: __ N_/ A _______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ---------------------- N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ------ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: --------- 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: --------------------- N/A P-1(0) Page 3 of4 Revised 07/10 \:)06-10 Renewal Application Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial D 1;1 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or D ~ roads. 22. Change in pattern, scale or character of general area of project. D 1K] 23. Significant amounts of solid waste or litter. D IX] 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 1!1 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D IK] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D liJ 27. Site on filled land or on slope of 10 percent or more. D [!] 28. Use of disposal of potentially hazardous materials, such as toxic substances, D Iii flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D [il etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D [XI 31. Relationship to a larger project or series of projects. D ~ Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my know.:2'e and b~ Date: /0/13 (t ( Signature: ---=~=---~~---------- For: Cabrillo Power I LLC P-1(0) Page 4 of4 Revised 07/10 <<~~ ~ CITY OF CARLSBAD HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to· State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: __ c_a_b_r_i_l_l_o_P_o_w_e_r_r_L_L_c ____ _ Address: 4600 Carlsbad Blvd. Carlsbad, CA 92008 Phone Number: <760) 268-4000 PROPERTY OWNER Cabrillo Power I LLC Name: __________ _ Address: __ 46_o_o_c_a_r_l_s b_a_d_B_l_v_d_. _ Carlsbad, CA 92008 Phone Number: __ < 7_6_0_)_26_8_-_4_0_0_0 __ _ AddressofSite: 4600 Carlsbad Blvd., Carlsbad, CA 92008 Local Agency (City and County):___:C::.::a:.:r:..:l:.::s~b-=a=d.z.., _:S::.:a==n~D:..:i=-=e~gc::.o ___________ __,_ __ Assessor's book, page, and parcel number:._2_1_0_-_o_l_0_-_4_3 ______________ _ Specify list(s): ___ N'-/ A __________________________ _ Regulatory Identification Number:_---:.;N'"'-/.:.;:A'----------------------- Dme?~~-- Applicant Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 0711 0 4~ •. "' ~··? ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 1 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Corp/Part Cabrillo Power I LLC Title ___________ _ Title. _____________ _ Address 4600 Carlsbad Blvd. Address 4600 Carlsbad Blvd. Carlsbad, CA 92008 Carlsbad, CA 92008 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person __________ _ Corp/Part Cabrillo Power I LLC Title ___________ _ Title _____________ _ Add 4600 Carlsbad Blvd. ress _________ _ 4600 Carlsbad Blvd. Address ____________ _ Carlsbad, CA 92008 Carlsbad, CA 92008 Page 1 of2 Revised 07/10 ....... · 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfitfTrust Non-Applicable Non ProfitfTrust'----------- Title ___________ _ Title _____________ _ Address __________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes 0 No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. mation is true and correct to the best of my knowledge. Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 «~ '¥ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www .ca rlsbadca .gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2) at www.carlsbadca.gov/standards. Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Section 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. Does your project meet one or more of the following criteria: 1. Housing subdivisions of 10 or more dwelling units. Examples: single family homes, multi-family homes, condominium and a artments 2. Commercial-greater than 1-acre. Any development other than heavy industry or residential. Examples: hospitals; laboratories and other medical facilities; educational institutions; recreational facilities; municipal facilities; commercial nurseries; multi-apartment buildings; car wash facilities; mini-malls and other business complexes; shopping malls; hotels; office build in s; ublic warehouses; automotive dealershi s; airfields; and other li ht industrial facilities. 3. Heavy Industrial I Industry-greater than 1 acre. Examples: manufacturing plants, food processing plants, metal working facilities, printing plants, and fleet storage areas (bus, truck, etc.). 4. Automotive repair shop. A facility categorized in any one of Standard Industrial Classification (SIC) codes 5013, 5014, 5541,7532-7534, and 7536-7539 5. Restaurants. Any facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812), where the land area for development is greater than 5,000 square feet. Restaurants where land development is less than 5,000 square feet shall meet all SUSMP requirements except for structural treatment BMP and numeric sizing criteria re uirements and h dromodification re uirements. YES E-34 Page 1 of3 REV 1/14/11 NO X X X X X 6. 7. 8. 9. «~ ~ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov Hillside development. Any development that creates more than 5,000 square feet of impervious surface and is located in an area with known erosive soil conditions, where the development will grade on any natural slope that is X twenty-five percent (25%) or greater. Environmentally Sensitive Area fESAJ'. All development located within or directly adjacene to or discharging directll to an ESA (where discharges from the development or redevelopment will enter receiving waters within the X ESA), which either creates 2,500 square feet or more of impervious surface on a proposed project site or increases the area of imperviousness of a proQosed project site 10% or more of its naturally occurring condition. Parking lot. Area of 5,000 square feet or more, or with 15 or more parking spaces, and potentially exposed to urban X runoff Streets. roads. highways. and freeways. Any paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles, and other vehicles X 10. Retail G{!soline Outlets. Serving more than 100 vehicles per day and greater than 5,000 square feet X 11. Coastal Development Zone. Any project located within 200 feet of the Pacific Ocean and (1) creates more than 2500 square feet of impervious surface or (2) increases impervious surface on property by more than 10%. X 12. More than 1-acre of disturbance. Project results in the disturbance of 1-acre or more of land and is considered a X Pollutant-generating Development Projed. .. .. 1 EnVIronmentally Sensit1ve Areas mclude but are not limited to all Clean Water Act Sect1on 303(d) 1mpa1red water bod1es, areas des1gnated as Areas of Spec1al Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. 2 "Directly adjacent" means situated within 200 feet of the Environmentally Sensitive Area. 3 "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or redevelopment site, and not commingled with flow from adjacent lands. 4 Pollutant-generating Development Projects are those projects that generate pollutants at levels greater than background levels. In general, these include all projects that contribute to an exceedance to an impaired water body or which create new impervious surfaces greater than 5000 square feet and/or introduce new landscaping areas that require routine use of fertilizers and pesticides. In most cases linear pathway projects that are for infrequent vehicle use, such as emergency or maintenance access, or for pedestrian or bicycle use, are not considered Pollutant-generating Development Projects if they are built with pervious surfaces or if they sheet flow to surrounding pervious surfaces. INSTRUCTIONS: Section 1 Results: If you answered YES to ANY of the questions above, your project is subject to Priority Development Project requirements. Skip Section 2 and please proceed to Section 3. Check the "meets PRIORITY DEVELOPMENT PROJECT requirements" box in Section 3. Additional storm water requirements will apply per the SUSMP. If you answered NO to ALL of the questions above, then please proceed to Section 2 and follow the instructions. E-34 Page 2 of 3 REV 1/14/11 .. ' «~ ¥ CITY OF CARLSBAD STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www .carlsbadca.gov If you answered NO, then you ARE NOT a significant redevelopment and your project is subject to STANDARD STORMWATER REQUIREMENTS. Please check the "does not meet PDP requirements" box in Section 3 below. see Footnote 4 on page 2 D My project meets PRIORITY DEVELOPMENT PROJECT (PDP) requirements and must comply with additional stormwater criteria per the SUSMP and I understand 1 must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. liJ My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As of these I will low Applicant Information and Signature Box This Box for Cdy Use Only City Concurrence: I YES I NO I I Address: Assessor's Parcel Number(s): 4600 Carlsbad Blvd. 210-010-43 Applicant Title: By: \) ~"-~ fre 1:.; d._C!l,J-Date: Project ID: E-34 Page 3 of3 REV 1/14/11 City of Carlsbad Faraday Center Faraday Cashiering 001 1128701-2 10/14/2011 98 Fri, Oct 14, 2011 12:44 PM Receipt Ref Nbr: R1128701-2/0035 PERMITS -PERMITS Tran Ref Nbr: 112870102 0035 0040 Trans/Rcpt#: R0086825 SET #: SUP0610X1 Amount: Item Subtota 1 : Item Total: ITEM(S) TOTAL: Check (Chk# 110381) Total Received: Have a nice day! 1 @ $1,575.00 $1,575.00 $1,575.00 $1,575.00 $1,575.00 $1,575.00 **************CUSTOMER COPY************* 0 0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant: CABRILLO POWER I LLC Description Amount SUP0610X1 1,575.00 4590 CARLSBAD BL CBAD Receipt Number: R0086825 Transaction ID: R0086825 Transaction Date: 10/14/2011 Pay Type Method Description Amount Payment Check 1,575.00 Transaction Amount: 1,575.00 ---------·----~----------------------- • ' c CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) ~~ (FOR (FOR DEPARTMENT DEPARTMENT USE ONLY) USE ONLY) D Administrative Permit D Planned Industrial Permit D Administrative Variance D Planning Commission Determination D Coastal Development Permit D Precise Development Plan D Conditional Use Permit D Redevelopment Permit D Condominium Permit D Site Development Plan D Environmental Impact Assessment [{] Special Use Permit SuP eio-l D General Plan Amendment D Specific Plan D D +eAtati¥e PaFGel Map Hillside Development Permit Obtain from Engineering Department D Local Coastal Program Amendment D Tentative Tract Map D Master Plan D Variance D Minor Conditional Use Permit D Zone Change D Non-Residential Planned Development D List other applications not specified D Planned Development Permit 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: Agua Hedionda Uuter Lagoon Maintenance Uredging Project a 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) Cabrillo Power I LLC MAILING ADDRESS 4600 Carlsbad Boulevard CITY AND STATE ZIP Dredging of soils up to 500,000 cubic yards in any single event and placement of dredged sand on the north, middle, and south Carlsbad beaches adjacent to AHL. 6) APPLICANT NAME (Print or Type) Cabrillo Power I LLC, Encina Power Station MAILING ADDRESS 4600 Carlsbad Boulevard TELEPHONE CITY AND STATE Carlsbad, CA 92008 760-268-4000 Carlsbad, CA ZIP 92008 TELEPHONE 760-268-4000 EMAIL ADDRESS: DAi'E 7) BRIEF LEGAL DESCRIPTION Form 14 Rev. 03/06 EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OW RAND THAT ALL THE ABOVE INFORMATION IS TRUE AND C ECT TO THE BEST OF MY KNOWLEDGE. Jill-H.'~~~-~ 7 !:til ltJ. DirE'" 1 PAGE 1 OF 5 b 8) LOCATION OF PROJECT: STREET ADDRESS ON THE I East and West I SIDE OF I Carlsbad Blvd. (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I Pine Avenue I AND I Cannon Road (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 011) NUMBER OF EXISTING 012) PROPOSED NUMBER 0 RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 014) PROPOSED IND OFFICE/ D 15) PROPOSED COMM 0 SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED 017) PROPOSED INCREASE n18) PROPOSED SEWER 0 PROJECT IN OPEN SPACE INADT USAGE IN EDU 19) GROSS SITE ACREAGE 020) EXISTING GENERAL 021) PROPOSED GENERAL 0 PLAN PLAN DESIGNATION 22) EXISTING ZONING 023) PROPOSED ZONING 024) HABITAT IMPACTS B IF YES, ASSIGN HMP # 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONE~S. DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INS ECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO E FOR THIS PURPO E FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED Form 14 Rev. 03/06 JUL 2 ·~ 2006 CITY OF CARLSBAD DNnL~~tr41@~1'QN RECEIVED PAGE 2 OF 5 c CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR (FOR DEPARTMENT DEPARTMENT USE ONLY) USE ONLY) D Administrative Permit D Planned Industrial Permit D Administrative Variance D Planning Commission Determination D Coastal Development Permit D Precise Development Plan D Conditional Use Permit D Redevelopment Permit D Condominium Permit D Site Development Plan D Environmental Impact Assessment [{] Special Use Permit sup Cfo-l D General Plan Amendment D Specific Plan D 0 +eAtati'+•e PaFGel Ma13 Hillside Development Permit Obtain from Engineering Department D local Coastal Program Amendment D Tentative Tract Map D Master Plan D Variance D Minor Conditional Use Permit D Zone Change D Non-Residential Planned Development D list other applications not specified D Planned Development Permit ASSESSOR PARCEL NO(S).: 2) 3) 4) PROJECT NAME: Agua Hedionda Outer Lagoon Maintenance LJredging Project a BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) Cabrillo Power I LLC MAILING ADDRESS 4600 Carlsbad Boulevard ZIP Dredging of soils up to 500,000 cubic yards in any single event and placement of dredged sand on the north, middle, and south Carlsbad beaches adjacent to AHL. 6) APPLICANT NAME (Print or Type) Cabrillo Power I LLC, Encina Power Station MAILING ADDRESS 4600 Carlsbad Boulevard TELEPHONE CITY AND STATE TELEPHONE CITY AND STATE Carlsbad, CA 92008 760-268-4000 Carlsbad, CA ZIP 92008 760-268-4000 EMAIL ADDRESS: DA"fE 7) BRIEF LEGAL DESCRIPTION Form 14 Rev. 03/06 EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OW RAND THAT ALL THE ABOVE INFORMATION IS TRUE AND C ECT TO THE BEST OF MY KNOWLEDGE. :Jl"'#..L.It--'~~-~ llr~ jDJ. PAGE 1 OF 5 0 0 0 8) LOCATION OF PROJECT: STREET ADDRESS ON THE I East and West I SIDE OF I carlsbad Blvd. (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN I Pine Avenue I AND I Cannon Road (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 1 0) PROPOSED NUMBER OF LOTS D 11) NUMBER OF EXISTING D 12) PROPOSED NUMBER RESIDENTIAL UNITS OF RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 014) PROPOSED IND OFFICE/ D 15) PROPOSED COMM SQUARE FOOTAGE SQUARE FOOTAGE 017) PROPOSED INCREASE INADT 020) EXISTING GENERAL PLAN D 23) PROPOSED ZONING n18) PROPOSED SEWER USAGE IN EDU 021) PROPOSED GENERAL PLAN DESIGNATION D 24) HABITAT IMPACTS IF YES, ASSIGN HMP # D 0 D D 25) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INS ECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO E FOR THIS PURPO E FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED TOTAL FEE REQUIRED Form 14 Rev. 03/06 JUL 2 ~ 2006 CITY OF CARLSBAD DAfnt.M>iiY:J !>46'~-pqN RECEIVED PAGE 2 OF 5 FLOOD PLAIN SPECIAL UQRMIT RENEWAL APPLICATION ~..) FOR CABRILLO POWER I LLC, ENCINA POWER STATION, SUP 06-10 P. PROJECT DESCRIPTION/EXPLANATION Cabrillo Power I LLC (Cabrillo) is requesting renewal of a City of Carlsbad Flood Plain Special Use Permit (five years) SUP 06-10 for dredging of the outer Agua Hedionda Lagoon (AHL). The permit renewal application requests the following actions and permit reVISIOns: • Dredge spoils of up to 500,000 cubic yards in any single event (dredge cycle within the existing dredge limits) removed from the outer basin of AHL • Placement of dredged sand on the North, Middle, and South Carlsbad Beaches adjacent to the AHL • Findings 1 and 4: Remove all reference to the trail improvement. This improvement has been completed. • Conditions 9 and 10: Remove all reference to the trail improvement. This improvement has been completed. • Engineering 14: Revise this condition to state the following: o The recommended percentage of sand placement at each beach segment to optimize the beach jill will be submitted for approval prior to each dredging operation, based on a beach replenishment analysis of pre- dredge survey profiles, final profile requirements, and anticipated shoreline processes. The outer AHL was originally dredged in 1954 as part of the construction for the Encina Power Station (EPS) and has been subject to routine maintenance dredging since that time. The dredging is performed to remove sediment transported into the lagoon through the existing inlet jetty structure. The average historical daily sand influx rate is calculated at 400+ cubic yards per day, but can range up to 800+ cubic yards per day based on background conditions, and storm and wave energies. Dredging allows for the maintenance of the prism design required to provide the EPS with an adequate volume of seawater for cooling purposes. Currently, the AHL supports numerous land uses and activities all dependent upon a healthy lagoon, including: the EPS once-through-cooling flow supply; the Hubbs-Seaworld Research Institute; Carlsbad Aquafarm (research and farming); a YMCA children's camp; commercial water sports entities; a residential boat harbor; private residence; Agua Hedionda Lagoon Foundation Discovery Center; and many other public recreational open space amenities and uses including kayaking and fishing. Outer lagoon dredging completed in April2011 resulted in the removal of226,026 cubic yards of sand. This sand was placed on adjacent beaches, with 30% of the sand volume placed North of the Lagoon mouth (backpassed) as required by permit conditions (California Coastal Commission and City of Carlsbad). Ongoing dredge cycles are anticipated to be similar to the 2011 cycle. Dredging of the outer Agua Hedionda Lagoon may be performed using a dredging hull (barge) with a length of sixty-six (66) feet and a width oftwenty-two (22) feet. The dredge hull has a draft of five (5) feet of water. The dredge uses a 4,160 volt a.c. power Page 3 ofl5 FLOOD PLAIN SPECIAL UQRMIT RENEWAL APPLICATION . .:,) FOR CARRILLO POWER I LLC, ENCINA POWER STATION, SUP 06-10 source that powers a 900 hp electrical main pump. Power to the dredge extends from an existing transformer, using a moveable submersible cable. The dredge hull is equipped with a forty (40) foot ladder with trunnions located on the bow of the hull. The entire length of the ladder from trunnions to the back of the cutter head is approximately forty- four (44) feet. The dredge pump is classified as 16"x16"x39". The maximum flow through the cutting head and dredge pump is 13,500 gpm with a 20% solids by weight slurry. Average flow is approximately 12,000 gpm. The average yardage of spoil (slurry) dredged per hour is approximately 500 cubic yards. During dredging, the dredge hull would be stabilized by wire cables that are secured to existing anchors on the shore of the lagoon. Currently damaged anchors would be reset, as required. The sediment will be removed from the lagoon bottom within the defined dredge limit area, as established by the current U.S. Army Corps of Engineers Permit No. 200100328- SKB. Consistent with the current City of Carlsbad Special Use Permit (SUP 06-1 0) issued October 18, 2006, dredged material is proposed to be placed as needed to maintain City of Carlsbad desired beach profiles on the beach north of the inlet jetty to Oak A venue (North Beach), the beach section between the jetties (Middle Beach), and the beach south of the discharge jetty to Terramar (South Beach). To access North Beach the discharge piping will be floated on the lagoon, on the rip-rap under the Carlsbad Boulevard Bridge, and connected to above ground, temporary piping which is placed along the beach. For Middle and South beach disposal the piping will float on the outer lagoon surface, and connect to existing underground piping under Carlsbad Boulevard and connected to above ground, temporary piping which is placed along the beach. Equipment and material staging would occur on the North and West shores of the outer lagoon along the shoreline. Consistent with the Southern California Eelgrass Mitigation Policy, an eelgrass mitigation and monitoring program will be implemented and any impacts to eelgrass beyond the top of the slope of the dredge footprint will be mitigated at a 1 : 1.2 replacement in the inner basin of the AHL. Cabrillo Power I LLC has been proactive in caulerpa taxifolia eradication within the Inner Basin of AHL. The alga has not been found in either the Middle or. Outer Basins of AHL. Cabrillo Power I LLC continues compliance measures as detailed in the most recent version of the Caulerpa Control Protocol. Consistent with previous permits, outer lagoon dredging would occur between September 15 and April15, before the beginning of the summer season. The requested Special Use Permit 06-10 renewal is for dredge cycles occurring October 2011 to September 2016. Page 4 of15 ,.,.--------I) t'D • sup olo-\O City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111!1 ~II~ 1~11 m111111111111111~11111 Applicant: CABRILLO POWER I LLC Description Amount SUP06010 3,500.00 Receipt Number: R0058882 Transaction ID: R0058882 Transaction Date: 07/24/2006 Pay Type Method Description Amount Payment Check 3,500.00 Transaction Amount: 3,500.00 •' NORTH AMERICAN TITLE COMPANY 505 S. Main Street Suite 101 Orange, CA 92868 (714) 550-6500 (800) 464-6282 Fax: (714) 667-0338 Email: rdean@nat.com SHAW ENVIRONMENTAL AND INFRASTRUCTURE, INC. 3347 MICHELSON DRIVE SUITE 200 IRVINE, CA 92612 ATTENTION: SEVDA ALECKSON YOUR REF: ENCINA POWER STATION- LAGOON DREDGING AREAS OUR ORDER NO. 7004756-27 PROPERTY ADDRESS: ENCINA POWER STATION DATED AS OF AUGUST 7, 2006 AT 7:30A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, NORTH AMERICAN TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDffiONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDffiON OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CAUFORNIA LAND TITLE ASSOC~~CV~UCY. TITLE OFFICER: RANDAL C DEAN Page 1 !. •• ORDER NO. 7 0 04 756 -2 7 IMPORTANT NOTICE California Assembly Bill 512 ("AB 512") is effective on January 1, 1990. Under AB 512, all title companies may only make funds available for monetary disbursal in accordance with the following rules: 1. Same Day Availability. Disbursement on the date of deposit is allowed only when funds are deposited to NATC in cash or by electronic transfer (wire). Bear in mind that cash will be accepted from customers only under special circumstances as individually approved by management. 2. Next Day Availability. If funds are deposited to NATC by cashier's checks, certified checks, or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against an FDIC insured bank). 3. 3-7 Banking Days Availability (Regulation CC). If the deposit is made by checks other than those described in Paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. This requires a "hold" on some checks of 2-7 banking days or longer in some instances. Personal checks, drafts, private corporation and company checks, and funding checks from mortgage companies that are not teller's checks are among those checks subject to such holds. (For further details, consult Chapter 598, statutes of 1989.) Note: The above guidelines are in conformity with those issued by the Department of Insurance for all California Title Insurers. PAGE 2 I • 1 • ORDER NO. 7004756-27 SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SAN DIEGO GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION, AS TO PARCEL A; CABRILLO POWER I LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS TO PARCELS B, C, AND D; THE STATE OF CALIFORNIA, AS TO PARCELS E, F, G AND H. 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HEREWITH AND MADE A PART HEREOF PAGE 3 ORDER NO. 7004 756-27 PARCEL A: t. '. EXHIBIT "A" (LEGAL DESCRIPTION) PARCEL 1, AS SHOWN AND DESCRIBED IN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT, ADJ 00- 10, IN THE CIT.Y OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED OCTOBER 30, 2001 AS INSTRUMENT NO. 2001-0789065, OFFICIAL RECORDS. PARCEL B: PARCEL 2, AS SHOWN AND DESCRIBED IN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT, ADJ 00- 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED OCTOBER 30, 2001 AS INSTRUMENT NO. 2001-0789066, OFFICIAL RECORDS. PARCEL C: PARCEL 3, AS SHOWN AND DESCRIBED IN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT, ADJ 00- 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED OCTOBER 30, 2001 AS INSTRUMENT NO. 2001-0789067, OFFICIAL RECORDS. PARCEL D: PARCEL 4, AS SHOWN AND DESCRIBED IN CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT ADJ 00- 10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED OCTOBER 30, 2001 AS INSTRUMENT NO. 2001-0789068, OFFICIAL RECORDS. PARCEL E: ALL THAT PORTION OF RANCHO AGUE HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1896, SITUATED WITHIN THAT PORTION THEREOF DESCRIBED IN DEED TO SAN DIEGO COUNTY WATER COMPANY, RECORDED JUNE 17, 1940 IN BOOK 1035, PAGE 301 OF OFFICIAL RECORDS AS DOCUMENT NO. 28815, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF LOT "H" OF SAID RANCHO AGUA HEDIONDA WITH THE CENTER LINE OF THE 100 FOOT RIGHT OF WAY GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED AUGUST 30, 1935 IN BOOK 432, PAGE 68 OF OFFICIAL RECORDS AS DOCUMENT NO. 46276 IN A PORTION OF SAID NORTHERLY BOUNDARY OF LOT "9" BEARING SOUTH 78° 03' EAST 1148.31 FEET-RECORD 1148.08 FEET-AND NORTH no 21' 30" EAST 2036.33 FEET-RECORD NORTH no 24' EAST 2036.30 FEET-FROM CORNER NO. 1 OF SAID RANCHO AGUA HEDIONDA, ACCORDING TO LICENSED SURVEY MAP NO. 173 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 16, 1913; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF RIGHT OF WAY SOUTH 36° 53' 50" EAST-HIGHWAY RECORD SOUTH 36° 51' 30" EAST-677.05 FEET TO THE TRUE POINT OF BEGINNING BEING THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 5000 FEET; THENCE SOUTHERLY ALONG SAID CURVE AND ALONG SAID CENTER LINE OF HIGHWAY RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 12° 10' 30" A DISTANCE OF 1062.47 FEET TO THE ENGINEER'S STATION 384 PLUS 01.27 AS SHOWN ON THE MAP OF SAID 100 FOOT HIGHWAY RIGHT OF WAY OF ROAD XI-SD-2-B ON FILE IN THE OFFICE OF THE DISTRICT STATE HIGHWAY ENGINEER; PAGE 4 .. ORDER NO. 7004756-27 THENCE SOUTH 65° 17' 40" WEST TO THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A LINE THAT BEARS SOUTH 53° 07' 10" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 53° 07' 10" EAST TO THE TRUE POINT OF BEGINNING. PARCEL F: THAT PORTION OF LOT "H" OF RANCHO HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENDING AT CORNER NO. 1 OF SAID RANCHO AGUA HEDIONDA, AS SHOWN AND DELINEATED ON RECORD OF SURVEY MAP NO. 1806, FILED APRIL 30, 1948 IN SAID COUNTY RECORDER'S OFFICE; THENCE ALONG THE NORTHERLY LINE OF SAID LOT "H", SOUTH 78° 03' 00" EAST, 92.06 FEET TO A POINT ON THE CENTER LINE OF CARLSBAD BOULEVARD, 100 FEET IN WIDTH, (FORMERLY U.S. HWY. 101); THENCE ALONG SAID CENTER LINE AS SHOWN AND DELINEATED ON SAID RECORD OF SURVEY MAP NO. 1806, SOUTH 36° 52' 50" EAST, 285 .30 FEET TO A POINT HEREIN DESIGNATED POINT "A"; THENCE FROM SAID .POINT "A" AND LEAVING SAID CENTER LINE, SOUTH 53° 07' 10" WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OF BEGINNING, BEING A POINT ON THE SOUTHWESTERLY LINE OF SAID CARLSBAD BOULEVARD; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING SOUTH 53° 07' 10" WEST, 115.64 FEET TO A POINT ON THE ORDINARY HIGH WATER MARK, AS ESTABLISHED BY A SURVEY FILED AND APPROVED ON DECEMBER 22, 1953 BY THE STATE LANDS COMMISSION, DIVISION OF STATE LANDS, STATE OF CALIFORNIA; THENCE ALONG SAID ORDINARY HIGH WATER MARK, SOUTH 44° 32' 55" EAST, 36.22 FEET; SOUTH 39° 09' 42" EAST, 101.05 FEET AND SOUTH 31° 48' 31" EAST, 255.88 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER MARK, NORTH 53° 07' 10" EAST, 129.41 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF CARLSBAD BOULEVARD; THENCE ALONG SAID SOUTHWESTERLY LINE, NORTH 36° 52' 50" WEST, 391.75 FEET TO THE TRUE POINT OF BEGINNING. PARCEL G: THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT POINT "A" DESCRIBED IN PARCEL 1 ABOVE; THENCE ALONG THE CENTER LINE OF SAID CARLSBAD BOULEVARD, 100 FEET IN WIDTH, (FORMERLY U.S. HWY. 101) AS SHOWN AND DELINEATED ON SAID RECORD OF SURVEY MAP NO. 1806, SOUTH 36° 52' 50" EAST, 391.75 FEET TO THE BEGINNING OF A TANGENT 5000.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12° 10' 30", A DISTANCE OF 1062.47 FEET; THENCE NONTANGENT AND LEAVING SAID CENTER LINE SOUTH 65° 17' 40" WEST, 50.00 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OF BEGINNING BEING A POINT ON THE SOUTHWESTERLY LINE OF SAID CARLSBAD BOULEVARD; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING SOUTH 65° 17' 40" WEST, 94.54 FEET TO A POINT ON THE ORDINARY HIGH WATER MARK, AS ESTABLISHED BY A SURVEY FILED AND APPROVED ON DECEMBER 22, 1953 BY THE STATE LANDS COMMISSION, DIVISION OF STATE LANDS, STATE OF CALIFORNIA; THENCE ALONG SAID ORDINARY HIGH WATER MARK, SOUTH 25° 40' 37" EAST, 335.49 FEET; SOUTH 22° 26' 51" EAST, 572.15 FEET; SOUTH 19° 54' 35" EAST, 184.39 FEET AND SOUTH 21° 45' 06" EAST, 68.19 FEET; THENCE LEAVING SAID ORDINARY HIGH WATER MARK, NORTH 65° 17' 40" EAST, 130.33 FEET TO A POINT ON SAID SOUTHWESTERLY LINE OF CARLSBAD BOULEVARD; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 24° 42' 20" WEST, 1159.00 FEET TO THE TRUE POINT OF BEGINNING. PAGE 5 I • ORDER NO. 7004 756-27 PARCEL H: A PORTION OF THE THUM LANDS AS SHOWN ON MAP NO. 1681, AND A PORTION OF THE FRAZIER PLOT AS SHOWN ON MAP NO. 203, BOTH MAPS ON ALE IN THE OFACE OF THE RECORDER OF SAID SAN DIEGO COUNTY, AND ACCRETIONS THERETO, BEING IN SEcnONS 1 AND 12 IN TOWNSHIP 12 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND SEcnON 7 IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: AN IRREGULAR PARCEL OF LAND BOUNDED ON ITS NORTHEASTERLY SIDE BY THE CENTER LINE OF THE CALIFORNIA STATE HIGHWAY AS SHOWN ON SAID MAP OF THUM LANDS; ON ITS SOUTHEASTERLY SIDE BY THE NORTHWESTERLY BOUNDARY LINE OF THE RANCHO AGUA HEDIONDA AND ITS SOUTHWESTERLY PROLONGATION AS SHOWN ON SAID MAP OF THUM LANDS; ON ITS SOUTHWESTERLY SIDE BY THE MEAN HIGH TIDE LINE OF THE PACIAC OCEAN; AND ON ITS NORTHWESTERLY SIDE BY THE SOUTHWESTERLY PROLONGATION OF THE SOUTH LINE OF OAK AVENUE, AS SHOWN ON SAID MAP OF THE THUM LANDS. PAGE 6 I • ORDER NO. 7004 756-27 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDmON TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. GENERAL AND SPECIAL PROPERlY TAXES, AND ANY ASSESSMENTS COLLECTED WITH TAXES, INCLUDING UTILITY ASSESSMENTS, ARE A UEN NOT YET PAYABLE TO BE LEVIED FOR THE FISCAL YEAR 2006/2007. B. GENERAL/SPECIAL PROPERlY TAXES FOR FISCAL YEAR 2005/2006 AND POSSIBLE PRIOR YEARS WERE NOT ASSESSED. C. A "NOTICE OF SPECIAL TAX UEN" PURSUANT TO SECTION 3114.5 OF THE STREETS AND HIGHWAYS CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE. RECORDED: MAY 20, 1991 AS INSTRUMENT NO. 1991-0236959, OF OFFICIAL RECORDS NAME OF SPECIAL TAX DISTRICT: CllY OF CARLSBAD, COMMUNilY FACILITIES DISTRICT NO. 1, STATE OF CAUFORNIA FOR FURTHER INFORMATION CONCERNING THE CURRENT AND ESTIMATED FUTURE TAX UABILITY OF OWNERS AND PURCHASERS AT REAL PROPERlY SUBJECT TO THIS SPECIAL TAX UEN, INTEREST PERSON SHOULD CONTACT THE FOLLOWING DESIGNATED PERSONS: JIM ELUOTT, FINANCE DIRECTOR CllY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 TELEPHONE: (619) 434-2867 AMENDMENT TO THE "NOTICE OF SPECIAL TAX UEN" (NOTICE OF ANNEXATION) PURSUANT TO SECTION 3114.5 OF THE STREETS AND HIGHWAYS CODE AND SECTION 53328.3 OF THE GOVERNMENT CODE. RECORDED: JANUARY 16, 1996 AS INSTRUMENT NO. 1996-0020213, OFFICIAL RECORDS NAME OF SPECIAL TAX DISTRICT: CllY OF CARLSBAD, COMMUNilY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 95/96-1 FOR FURTHER INFORMATION CONCERNING THE CURRENT AND ESTIMATED FUTURE TAX UABILITY OF OWNERS AND PURCHASERS AT REAL PROPERlY SUBJECT TO THIS SPECIAL TAX UEN, INTEREST PERSON SHOULD CONTACT THE FOLLOWING DESIGNATED PERSONS: USA HILDABRAND, FINANCE DIRECTOR CllY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 TELEPHONE (619) 434-2867 PAGE 7 I • ORDER NO. 7004 756-27 D. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. A RIGHT OF WAY 100 FEET IN WIDTH OVER THAT PORTION OF RANCHO AUGA HEDIONDA, HEREIN DESCRIBED, AS IS PARTICULARLY DESCRIBED AND REFERRED TO IN DEED FROM ROBERT KELLY TO CALIFORNIA SOUTHERN RAILROAD COMPANY, RECORDED IN BOOK 38 PAGE 171 OF DEEDS, AND NOT INCLUDED IN THE DEED FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, TO KELLY INVESTMENT COMPANY, RECORDED IN BOOK 476 PAGE 40 OF DEEDS, AND IN THE DEED FROM THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY TO KELLY INVESTMENT COMPANY, RECORDED IN BOOK 519 PAGE 333 OF DEEDS, RECORDS OF SAN DIEGO COUNTY. 3. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: STATE OF CALIFORNIA NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: STATE HIGHWAY 80 FEET IN WIDTH AUGUST 4, 1926 IN BOOK 1210, PAGE 463 OF DEEDS, AND IN BOOK 1226 PAGE 355 OF DEEDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURE AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 4. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SOUTHERN COUNTIES GAS COMPANY NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: GAS PIPE LINE NOT TO EXCEED 12 V2 INCHES IN DIAMETER JULY 26, 1932 IN BOOK 147 PAGE 152, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. PAGE 8 '. ORDER NO. 7004 756-27 5. AN EASEMENT AFFECTlNG THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: STATE OF CAUFORNIA NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: STATE HIGHWAY AUGUST 13, 1933 AS INSTRUMENT NO. 36690 IN BOOK 230 PAGE 307, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT 6. AN EASEMENT AFFECTlNG THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: STATE OF CAUFORNIA NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: A STATE HIGHWAY MAY 2, 1934 IN BOOK 288 PAGE 258, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 7. AN EASEMENT AFFECTlNG THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: WILUAM MC CUNTOCK NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: A WAGON OR TRUCK ROAD OR NARROW GAUGE RAILROAD DECEMBER 15, 1933, AS INSTRUMENT NO. 54263, IN BOOK 265, PAGE 93, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT 8. AN EASEMENT AFFECTlNG THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED BY THE MAP OF : SUBDIVISION : BOOK: PAGE: FOR: AFFECTS: SAID TRACT 1035 301 PRIVATE ROAD KNOWN AS HIDDEN VALLEY ROAD AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 7938 9. A RIGHT OF WAY EASEMENT FOR PUBUC HIGHWAY 100 FEET IN WIDTH, OVER AND ACROSS THE PROPERTY, HEREIN DESCRIBED, AS GRANTED TO THE STATE OF CAUFORNIA BY DEED FROM SAN DIEGO WATER SUPPLY COMPANY, DATED FEBRUARY 8, 1935, RECORDED AUGUST 30, 1935 IN BOOK 432 PAGE 60 OFFICIAL RECORDS, TOGETHER WITH THE RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE UMITS THE ABOVE MENTIONED 100 FOOT STRIP. PAGE 9 ' . ORDER NO. 7004 756-27 10. TRUST INDENTURE DATED OCTOBER 16, 1940, EXECUTED BY SAN DIEGO GAS AND ELECTRIC COMPANY, TRUSTOR, TO THE BANK OF CAUFORNIA NATIONAL ASSOOATION, AS TRUSTEE TO SECURE BONDS OF SAID TRUSTOR, RECORDED ON OCTOBER 10, 1940 IN BOOK 1087 PAGE 1 OFFICIAL RECORDS AND ALL INDENTURES SUPPLEMENTAL THERETO. A "MEMORANDUM OF MORTGAGE" RECORDED JUNE 30, 1998 AS INSTRUMENT NO. 1998- 0403117 AND NOVEMBER 25, 2003, AS INSTRUMENT NO. 2003-1411262, BOTH OF OFFICIAL RECORDS. 11 . AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SOUTHERN CAUFORNIA EDISON COMPANY NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: A RIGHT OF WAY AUGUST 2, 1941 IN BOOK 1200 PAGE 421, OF OFFICIAL RECORDS THE EXACT LOCATION OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 12. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF : W.O. CANNON, AN UNMARRIED MAN NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: INGRESS AND EGRESS FOR ROAD PURPOSES AND WATER PIPE UNES APRIL 29, 1948 AS INSTRUMENT NO. 43668 AND JANUARY 21, 1953, IN BOOK 4722 PAGE 361, ALL OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT 13. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: W.D. CANNON NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: RIGHT OF WAY OCTOBER 8, 1948, IN BOOK 2974, PAGE 493, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT PAGE 10 ORDER NO. 7004 756-27 14. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: GRACE KATHRYN BURDEN NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PEDESTRIAN ACCESS, RECREATIONAL PURPOSES, INCLUDING THE RIGHT TO USE THE LAGOON FOR RECREATIONAL AND FINISHING PURPOSES OCTOBER 8, 1948, IN BOOK 2974, PAGE 496, OF OFFICIAL RECORDS A PORTION OF SAID LAND 15. AN EASEMENT OR LESSER RIGHT TO INUNDATE THAT PORTION OF SAID LAND ADJOINING THE SWAMP AND OVERFLOW LAND KNOWN AS THE LAGOON BED, UP TO AN ELEVATION OF 10 FEET ABOVE THE MEAN HIGH TIDE UNE OF THE PACIFIC OCEAN, AS RESERVED BY GRACE KATHRYN BURDEN IN DEED DATED SEPTEMBER 30, 1948 AND RECORDED OCTOBER 8, 1948 AND AS RESERVED BY GROVER C. JACOBSEN, GRACE OAKES JACOBSEN AND GAIL FRANQS LATHAM, IN DEED DATED SEPTEMBER 30, 1948 AND RECORDED OCTOBER 8, 1948 IN BOOK 2974 PAGE 496 AND IN BOOK 2975 PAGE 1, RESPECTIVELY OFFICIAL RECORDS. 16. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: POLES, WIRES AND ANCHORS FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY OCTOBER 20, 1949 IN BOOK 3358 PAGE 85, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 17. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY AND/OR FREEWAY ADJACENT TO SAID LAND, SAID RIGHTS HAVING BEEN REliNQUISHED: TO: BY DEED RECORDED: STATE OF CAUFORNIA MAY 2, 1952 IN BOOK 4456, PAGE 192 AND MAY 18, 1953, IN BOOK 4858 PAGE 320 AND MARCH 20, 1969 AS FILE NO. 48604, ALL OF OFFICIAL RECORDS PAGE 11 ORDER NO. 7004 756-27 18. THE FACT THAT THE OWNERSHIP OF THE LAND HEREIN DESCRIBED DOES NOT INCLUDE THE RIGHT OF INGRESS TO OR EGRESS FROM THAT CERTAIN PARCEL OF LAND GRANTED TO THE STATE OF CAUFORNIA BY DEED FROM SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION, DATED DECEMBER 29, 1952 RECORDED MAY 18, 1953 IN BOOK 4858 PAGE 320, OFFICIAL RECORDS, SAID RIGHTS HAVING BEEN REliNQUISHED BY SAID DEED EXCEPTING AND RESERVING TO THE OWNERS OF THE ABUTTING LANDS AND SUCCESSORS OR ASSIGNS, THE RIGHT TO PASS TO AND FROM THE SAID LANDS UPON SURFACE OF THE WATERS OF AGUA HEDIONDA SLOUGH, UNDER AND BENEATH THE FREEWAY BRIDGE LOCATED AT APPROXIMATELY ENGINEER'S STATION 386 PLUS 45 AND CROSSING SAID SLOUGH. 19. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE, AS JOINT TENANTS NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: ROAD AND WATER PIPEUNE APRIL 15, 1953 AS FILE NO. 51681 IN BOOK 4821 PAGE 206, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 20. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PUBUC UTIUTIES, INGRESS AND EGRESS MARCH 11, 1954 IN BOOK 5167 PAGE 387, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 21 . AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: W.O. CANNON, AN UNMARRIED MAN NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: WATER PIPEUNES MARCH 5, 1956, IN BOOK 6002 PAGE 41, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. PAGE 12 .. ORDER NO. 7004756-27 22. AN EASEMENT AFFECTING THE PORTION OF SAID lAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: W.O. CANNON, AN UNMARRIED MAN AND PAUL ECKE AND MAGDALENA ECKE, HUSBAND AND WIFE NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PUBUC UTIUTIES MARCH 5, 1956 IN BOOK 6002 PAGE 41 AND MARCH 5, 1956 IN BOOK 6002 PAGE 301, BOTH OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID lAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. A PORTION OF SAID EASEMENT WAS RELEASED BY QUITCLAIMED DEED RECORDED JUNE 26, 1990 AS FILE NO. 90-344819, OFFICIAL RECORDS. 23. AN EASEMENT AFFECTING THE PORTION OF SAID lAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CITY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: STORM DRAIN JULY 8, 1962 AS FILE NO. 115165, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID lAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 24. UCENSE RIGHTS GRANTED IN THE REVOCABLE UCENSE DATE APRIL 2, 1963 EXECUTED BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION AND PIRATES COVE INC., A CAUFORNIA CORPORATION TO USE AND MAINTAIN A CHANNEL AND A ROCK BREAKWATER TOGETHER WITH THE RIGHT TO DREDGE AND RE-DREDGE THE CHANNEL, SUBJECT TO THE TERMS AND CONDmONS THEREIN, RECORDED APRIL 18, 1963 AS FILE NO. 1963-66929, OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 25. RIGHTS OF TENANTS, AS TENANTS ONLY, UNDER THE LEASE TO WHICH REFERENCE IS HEREBY FOR FULL PARTICULARS. DESCRIBED AS LEASE P.R.C. 791.1 DATED APRIL 21, 1953, FROM THE STATE OF CAUFORNIA, ACTING THROUGH THE STATE lANDS COMMISSION, AS LESSOR, TO SAN DIEGO GAS AND ELECTRIC COMPANY, AS LESSEE, AS AMENDED BY THE AMENDMENTS OF LEASE P.R.C. 791.1 DATED MARCH 24, 1972 JUNE 28, 1973, SEPTEMBER 13, 1978, JULY 1, 1980 AND MARCH 24, 1981, BETWEEN THE STATE OF CAUFORNIA, ACTING THROUGH THE STATE lANDS COMMISSION AND SAN DIEGO GAS AND ELECTRIC COMPANY, WHEREUNDER THE STATE OF CAUFORNIA LEASED TO SAN DIEGO GAS AND ELECTRIC COMPANY AN AREA OF TIDE AND SUBMERGED lAND NEAR THE CITY OF CARLSBAD IN SAN DIEGO COUNTY FOR THE INSTALLATION, MAINTENANCE AND USE OF A SUBMARINE PIPEUNE TRANSPORTING FUEL OIL AND FOR AN OFFSHORE MARINE TERMINAL WITH FUEL LOADING AND UNLOADING FACIUTIES FOR OIL TANKERS. THE EFFECT OF THE FAILURE BY SAN DIEGO GAS AND ELECTRIC COMPANY TO OBTAIN THE CONSENT OF THE STATE lANDS COMMISSION. PAGE 13 ORDER NO. 70 04 756-27 26. RIGHTS OF TENANTS AS TENANTS ONLY UNDER THE LEASE WITH CERTAIN TERMS, COVENANTS AND PROVISIONS SET FORTH THEREIN. LESSOR: LESSEE: RECORDED: SAN DIEGO GAS AND ELECTRIC COMPANY CITY OF CARLSBAD MARCH 5, 1964 AS FILE NO. 42161 OFFICIAL RECORDS 27. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CITY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PUBUC STREET APRIL 7, 1964, AS FILE NO. 62682, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 28. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CITY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PUBUC STREET JUNE 24, 1964 AS FILE NO. 111718, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 29. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: SEWER PUMPING STATION, SEWER PIPEUNE, MANHOLES AND ROAD PURPOSES JUNE 24, 1964 AS FILE NO. 113886, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. PAGE 14 .. ORDER NO. 7 004 756-27 30. AN EASEMENT AFFECTlNG THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CllY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: SEWER PUMPING STATION APRIL 14, 1965 AS FILE NO. 66049, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 31. AN EASEMENT AFFECTlNG THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CllY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: SEWER PIPEUNE APRIL 14, 1965 AS FILE NO. 66050, OF OFFIOAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 32. AN EASEMENT AFFECTlNG THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: JANSS CORPORATION, A DELAWARE CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: A BREAKWATER STRUCTURE, A CHANNEL, TRENCH, DITCH OR OTHER DEPRESSION IN THE SURFACE OF THE EARTH AND AN EASEMENT FOR INGRESS AND EGRESS OVER THE WATERS OF THE UPPER LAGOON JUNE 8, 1965 AS FILE NO. 102193, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 33. AN EASEMENT AFFECTlNG THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CllY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: WATER UNE JANUARY 20, 1969 AS FILE NO. 11275, OF OFFICIAL RECORDS AS DESCRIBED THEREIN PAGE 15 . . ORDER NO. 7004756-27 34. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE CITY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: WATER MAIN JULY 13, 1970 AS FILE NO. 1970-121856, OF OFFICIAL RECORDS AS DESCRIBED IN SAID DOCUMENT 35. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CITY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: ROAD AND PUBUC UTILITY NOVEMBER 13, 1972 AS FILE NO. 303347, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT 36. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CITY OF CARLSBAD NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: WATER PIPE UNES, METERS, METER VAULT FEBRUARY 27, 1974 AS FILE NO. 74-049416 OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT 37. A LEASE WITH CERTAIN TERMS, COVENANTS, CONDmONS AND PROVISIONS SET FORTH THEREIN LESSOR: LESSEE: RECORDED: SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION THE CITY OF CARLSBAD, CAUFORNIA, A MUNIOPAL CORPORATION AUGUST 30, 1976 AS FILE NO. 76-282404, OF OFFICIAL RECORDS. THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. PAGE 16 ORDER NO. 7004756-27 38. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE STATE OF CAUFORNIA NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PUBUC RECREATIONAL USE NOVEMBER 16, 1976 AS FILE NO. 76-383604, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT 39. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF : THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: WATER PIPEUNE DECEMBER 30, 1976 AS FILE NO. 76-440986, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 40. COVENANTS, CONDffiONS AND RESTRICTIONS CONTAINED IN THE UNRECORDED AGREEMENTS USTED HEREIN BELOW: THE FACT THAT INGRESS AND EGRESS BETWEEN PARCELS DESCRIBED HEREIN IS NOT UNUMITED, BUT RATHER, DUE TO THE BISECTING OF PARCELS BY RAILROAD TRACKS, CERTAIN AREAS ARE UMITED TO INGRESS AND EGRESS AS SET FORTH IN THE FOLLOWING: A) THAT CERTAIN "AGREEMENT FOR PRIVATE OR FARM CROSSING" DATED FEBRUARY 24, 1971 BY AND BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, AND SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION; B) THAT CERTAIN "PIPE UNE UCENSE" DATED MARCH 1, 1971 BY AND BETWEEN THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION, AND SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION, WHICH UCENSE GRANTS THE RIGHT TO CONSTRUCT, AND MAINTAIN A TUNNEL, PIPE AND PEDESTRIAN WALKWAY AND VARIOUS SIZES OF PIPE CARRIER PIPE; C) THAT CERTAIN AGREEMENT DATED OCTOBER 30, 1953 BY AND BETWEEN THE ATCHISON, GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION AND SUPPLEMENT THERETO DATED JANUARY 1, 1972 WHEREIN THE SANTA FE AGREED TO CONSTRUCT OPERATE AND MAINTAIN A TRACK AGGREGATING 1814.3 FEET TO SERVE AN ELECTRIC GENERAL PLANT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PAGE 17 ORDER NO. 7004756 -27 41. COVENANTS AND CONDffiONS CONTAINED IN AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS. DATED: BY AND BETWEEN: REGARDING: RECORDED: OCTOBER 11, 1989 STATE OF CALIFORNIA AND SAN DIEGO GAS AND ELECTRIC COMPANY FUEL OIL FILL LINE EASEMENT OCTOBER 27, 1978 AS FILE NO. 78-466720, OFFICIAL RECORDS 42. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: STORM DRAINAGE FEBRUARY 25, 1986 AS FILE NO. 86-072936, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT 43. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: SLOPE AND RETAINING WALL MAY 13, 1988 AS FILE NO. 88-226631, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT 44. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: SLOPE, DRAINAGE AND PUBLIC STREET JULY 18, 1988 AS FILE NO. 88-346329, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. PAGE 18 ORDER NO. 7004 756-27 45. AN UNRECORDED EASEMENT FOR INGRESS AND EGRESS AND PUBLIC RECREATION PURPOSES AND INCIDENTAL USES INCLUDING, BUT NOT LIMITED TO PARKING, FISHING, PICNICKING, GENERAL VIEWING, PUBLIC PROTECTION, POLIONG AND EROSION CONTROL AND THE PUBLIC RIGHTS, IF ANY, OF COMMERCE, NAVIGATION AND FISHERY, LYING WESTERLY OF THE WESTERLY LINE OF CARLSBAD BOULEVARD AND AFFECTING THE "INTAKE LAGOON" AND "DISCHARGE LAGOON" AS DEPICTED ON ALTA SURVEY PREPARED BY NOLTE AND ASSOCIATES AS JOB NO. SD1990, LAST REVISION THEREOF DATED MAY 3, 1999. 46. ANY ADVERSE CLAIM BY THE STATE OF CALIFORNIA TO ANY PORTION OF SAID LAND WHICH HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED, LYING WESTERLY OF THE WESTERLY LINE OF CARLSBAD BOULEVARD, AS DEPICTED ON ALTA SURVEY PREPARED BY NOLTE AND ASSOOATES AS JOB NO. SO 1990, LAST REVISION THEREOF DATED MAY 3, 1999. 47. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SAN DIEGO GAS AND ELECTRIC COMPANY NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PIPELINES FOR DREDGING AND FOR INGRESS AND EGRESS FEBRUARY 23, 1989, AS INSTRUMENT NO. 89-092561, OF OFFICIAL RECORDS AS DESCRIBED THEREIN 48. COVENANTS, CONDffiONS AND RESTRICTIONS (BUT DELETING THEREFROM ANY COVENANT, CONDffiON OR RESTRICTION INDICATING A PREFERENCE, LIMITATION, OR DISCRIMINATION, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDffiONS, OR RESTRICTIONS VIOLATE 42 U.S.C. 3604(C)) AS SET FORTH IN THE DOCUMENT: RECORDED: FEBRUARY 23, 1989, AS INSTRUMENT NO. 89-092561, OF OFFIOAL RECORDS 49. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: SEWER PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS JUNE 14, 1991 AS FILE NO. 1991-0285931, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. PAGE 19 ORDER NO. 7004 756-27 50. AN EASEMENT AFFECTTNG THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: SHORE PROTECTTON OCTOBER 8, 1991 AS FILE NO. 1991-0519749, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. 51. COVENANTS AND CONDffiONS CONTAINED IN AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS. DATED: BY AND BETWEEN: REGARDING: RECORDED : JANUARY 24, 1992 SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION AND THE STATE OF CALIFORNIA AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AND UNCONTROLLED STOCKPILE FEBRUARY 11, 1992 AS FILE NO. 1992-0072559, OFFICIAL RECORDS. 52. COVENANTS AND CONDffiONS CONTAINED IN AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS. DATED: BY AND BETWEEN: REGARDING: RECORDED : MARCH 18, 1992 SAN DIEGO GAS AND ELECTRIC COMPANY AND THE CITY OF CARLSBAD CONSENT APRIL 7, 1992 AS FILE NO. 1992-0198311, OFFICIAL RECORDS. 53. COVENANTS, CONDffiONS AND RESTRICTTONS {BUT DELETING THEREFROM ANY COVENANT, CONDffiON OR RESTRICTTON INDICATING A PREFERENCE, LIMITATION, OR DISCRIMINATION, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDffiONS, OR RESTRICTTONS VIOLATE 42 U.S.C. 3604(C)) AS SET FORTH IN THE DOCUMENT: RECORDED: OCTOBER 21, 1992 AS INSTRUMENT NO. 1992-0670805, OF OFFIOAL RECORDS PAGE 20 ORDER NO. 7004756-27 54. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: PUBLIC STREET AND PUBLIC UTILITY PURPOSES, PERMANENT SLOPES, DRAINAGE AND TEMPORARY CONSTRUCTION PURPOSES JUNE 3, 1993, AS FILE NO. 1993-0350241, OF OFFICIAL RECORDS THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID DOCUMENT. 55. TERMS, PROVISIONS, AND CONDffiONS CONTAINED IN AN INSTRUMENT ENmLED "CARLSBAD STATE BEACH AGREEMENT AND GRANT OF EASEMENT', EXECUTED BY AND BETWEEN THE DIRECTOR OF GENERAL SERVICES AND THE CITY OF CARLSBAD RECORDED JUNE 30, 1993 AS INSTRUMENT NO. 1993-0416832 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 56. COVENANTS, CONDffiONS AND RESTRICTIONS (BUT DELETING THEREFROM ANY COVENANT, CONDffiON OR RESTRICTION INDICATING A PREFERENCE, LIMITATION, OR DISCRIMINATION, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDffiONS, OR RESTRICTIONS VIOLATE 42 U.S.C. 3604(C)) AS SET FORTH IN THE DOCUMENT: RECORDED: JULY 1, 1994, AS INSTRUMENT NO. 1994-0418866, OF OFFICIAL RECORDS 57. COVENANTS, CONDffiONS AND RESTRICTIONS (BUT DELETING THEREFROM ANY COVENANT, CONDffiON OR RESTRICTION INDICATING A PREFERENCE, LIMITATION, OR DISCRIMINATION, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDffiONS, OR RESTRICTIONS VIOLATE 42 U.S.C. 3604(C)) AS SET FORTH IN THE DOCUMENT: RECORDED: JULY 1, 1994, AS FILE NO. 1994-0418865, OF OFFICIAL RECORDS 58. COVENANTS, CONDffiONS AND RESTRICTIONS CONTAINED IN AN INSTRUMENT ENTITLED "OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AND DECLARATION OF RESTRICTIONS", RECORDED JULY 1, 1994 AS FILE NO. 1994-0418867, OFFICIAL RECORDS. 59. TERMS, PROVISIONS, AND CONDffiONS CONTAINED IN AN INSTRUMENT ENmLED "MEMORANDUM OF LICENSE", EXECUTED BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY AND THE COUNTY OF SAN DIEGO, A POLITICAL SUBDIVISION RECORDED SEPTEMBER 17, 1996 AS INSTRUMENT NO. 1996-0473924 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PAGE 21 ORDER NO. 7004756-27 60. RESTRICTIONS CONTAINED IN AN INSTRUMENT ENTITLED "NOTICE OF RESTRICTION ON REAL PROPERTY", RECORDED OCTOBER 9, 1995 AS FILE NO. 1995-0453332, OFFICIAL RECORDS. 61. LAGOON LEASE LINE FROM S.D.G. & E TO THE CITY OF CARLSBAD PER S.D.G. & E, MAP A-606, "LAGOON LEASE CARLSBAD, DATED APRIL 11, 1956, DISCLOSED BY CERTIFICATE OF COMPLIANCE, RECORDED NOVEMBER 22, 1995 AS DOCUMENT NO. 1995-0532900, OFFICIAL RECORDS. 62. ENCINA HUB PARK LEASE LINE PER S.D.G. & E. SURVEY PLAT NO. T-1500-22-5, DATED JANUARY 6, 1976 AS DISCLOSED BY CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 22, 1995 AS INSTRUMENT NO. 1995-0532900, OFFICIAL RECORDS. 63. EXISTING 440' S.D.G. & E CORRIDOR PER S.D.G. & E SURVEY PLAT NO. T-1500-22-13, DATED NOVEMBER 1, 1986 AS DISCLOSED BY CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 22, 1995 AS DOCUMENT NO. 1995-0532900, OFFICIAL RECORDS. 64. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDffiONS THEREIN PROVIDED: DISCLOSED BY: TYPE OF LEASE: DATED: LESSOR: LESSEE: TERM: RECORDED: MEMORANDUM OF LEASE COMMERCIAL DECEMBER 29, 1995 SAN DIEGO GAS ELECTRIC COMPANY, A CALIFORNIA CORPORATION CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP AS THEREIN PROVIDED JANUARY 24, 1996, AS INSTRUMENT NO. 1996-0034667, OF OFFICIAL RECORDS THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 65. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF : CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STATE OF CALIFORNIA NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: WATER LINE JANUARY 5, 1996 AS FILE NO. 1996-0007133, OF OFFICIAL RECORDS A PORTION OF SAID LAND AS MORE PARTICULARLY DESCRIBED IN SAID DOCUMENT. PAGE 22 ORDER NO. 7004756-27 66. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM THE HIGHWAY AND/OR FREEWAY ADJACENT TO SAID LAND, SAID RIGHTS HAVING BEEN REliNQUISHED : TO: BY DEED RECORDED: STATE OF CAUFORNIA DECEMBER 8, 1997, AS INSTRUMENT NO. 0618408, OF OFFICIAL RECORDS 67. TERMS, PROVISIONS, AND CONDffiONS CONTAINED IN AN INSTRUMENT ENillLED "EASEMENT GRANT DEED AND AGREEMENT", EXECUTED BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION AND WEST DEVELOPMENT, INC., A NEBRASKA CORPORATION RECORDED APRIL 1, 1999 AS INSTRUMENT NO. 1999-0217138 OF OFFICIAL RECORDS. TERMS, PROVISIONS, AND CONDffiONS CONTAINED IN AN INSTRUMENT ENillLED "AMENDED AND RESTATED EASEMENT GRANT DEED AND AGREEMENr', EXECUTED BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION AND WEST DEVELOPMENT, INC., A NEBRASKA CORPORATION RECORDED MAY 7, 1999 AS INSTRUMENT NO. 1999-0313275 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 68. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: CARLSBAD MUNICIPAL WATER DISTRICT NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: AFFECTS: SLOPE APRIL 23, 1999, AS INSTRUMENT NO. 1999-0273959, OF OFFICIAL RECORDS A PORTION OF PARCEL A AS DESCRIBED THEREIN 69. TERMS, PROVISIONS, AND CONDffiONS CONTAINED IN AN INSTRUMENT ENillLED "ASSIGNMENT OF EASEMENTS", EXECUTED BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION AND CABRILLO POWER I LLC, A DELAWARE UMITED UABIUTY COMPANY RECORDED MAY 21, 1999 AS INSTRUMENT NO. 1999-0347263 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 70. TERMS, PROVISIONS, AND CONDffiONS CONTAINED IN AN INSTRUMENT ENillLED "LEASE ASSIGNMENT AND ASSUMPTION AGREEMENT (ENONA POWER PLANT) (UNRECORDED LEASES)," EXECUTED BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY AND CABRILLO POWER I, LLC, A DELAWARE UMITED UABILITY COMPANY RECORDED MAY 21, 1999 AS INSTRUMENT NO. 1999-0347264 OF OFFIOAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PAGE 23 ORDER NO. 7 004756-27 71. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENIDLED "ASSIGNMENT AND ASSUMPTION AGREEMENT (LEASE DOCUMENTS) (UNRECORDED LEASE DOCUMENTS)", EXECUTED BY AND BElWEEN SAN DIEGO GAS AND ELECTRIC COMPANY AND CABRILLO POWER I, LLC, A DELAWARE UMITED UABILITY COMPANY RECORDED MAY 21, 1999 AS INSTRUMENT NO. 1999-0347265 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 72. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENIDLED "EASEMENT AND COVENANT AGREEMENT", EXECUTED BY AND BElWEEN SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION AND CABRILLO POWER I, LLC, A DELAWARE UMITED UABILITY COMPANY RECORDED MAY 21, 1999 AS INSTRUMENT NO. 1999-0347267 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 73. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENIDLED "MEMORANDUM OF AGREEMENT (ENCINA POWER PLANT)" EXECUTED BY AND BElWEEN CABRILLO POWER I LLC, A DELAWARE UMITED UABILITY COMPANY AND SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION RECORDED MAY 21, 1999 AS INSTRUMENT NO. 1999-0347268 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 74 . TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENIDLED "MEMORANDUM OF UCENSE AGREEMENT', EXECUTED BY AND BElWEEN CABRILLO POWER I LLC, A DELAWARE UMITED UABILITY COMPANY AND SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION RECORDED MAY 21, 1999 AS INSTRUMENT NO. 0347270 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 75. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENIDLED "MEMORANDUM OF OPTION", EXECUTED BY AND BElWEEN CABRILLO POWER I LLC, A DELAWARE UMITED UABILITY COMPANY AND SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION RECORDED MAY 21, 1999 AS INSTRUMENT NO. 1999-0347271 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 76. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENIDLED "MEMORANDUM OF OPTION", EXECUTED BY AND BElWEEN SAN DIEGO GAS AND ELECTRIC COMPANY, A CAUFORNIA CORPORATION AND CABRILLO POWER I, LLC, A DELAWARE UMITED UABILITY COMPANY RECORDED MAY 21, 1999 AS INSTRUMENT NO. 1999-0347272 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PAGE 24 ORDER NO. 700475 6-27 77. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW AND ANY OTHER OBLIGATIONS SECURED THEREBY: AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: $NOT SHOWN JULY 8, 1999 CABRILLO POWER LLC, A DELAWARE LIMITED LIABILITY COMPANY STEWART TITLE GUARANTY COMPANY, A TEXAS CORPORATION BANK OF AMERICA, N.A. FORMERLY NATIONSBANK, N.A. JULY 12, 1999, AS INSTRUMENT NO. 1999-0482050, OF OFAOAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED, EXECUTED BY: RECORDED: CABRILLO POWER I, LLC., A DELAWARE LIMITED LIABILITY COMPANY AND BANK OF AMERICA, N.A., FORMERLY NATIONSBANK, N.A. AUGUST 3, 1999-0536647, OF OFFICIAL RECORDS THE ABOVE MATTER AFFECTS A PORTION OF SAID PROPERTY DESCRIBED HEREIN AND OTHER PROPERTY. 78. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDffiONS THEREIN PROVIDED: DISCLOSED BY: TYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: UNRECORDED LICENSE AGREEMENT AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE AUGUST 5, 1957 SAN DIEGO GAS AND ELECTRIC COMPANY PAOFIC TELEPHONE AND TELEGRAPH COMPANY APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. PAGE 25 ORDER NO. 7004 756-27 79. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDmONS THEREIN PROVIDED: DISCLOSED BY: lYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: UNRECORDED AGREEMENT AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE MARCH 4, 1957 SAN DIEGO GAS AND ELECTRIC COMPANY CITY OF CARLSBAD APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 80. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDmONS THEREIN PROVIDED: DISCLOSED BY: lYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: UNRECORDED UCENSE AGREEMENT AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE MARCH 1, 1995 SAN DIEGO GAS AND ELECTRIC COMPANY YMCA APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 81 . THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDmONS THEREIN PROVIDED: DISCLOSED BY: lYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: UNRECORDED UCENSE AGREEMENT AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE JANUARY 1, 1991 SAN DIEGO GAS AND ELECTRIC COMPANY SEW INC., A CAUFORNIA CORPORATION APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. PAGE 26 ORDER NO. 7004 756-27 82. THE UNRECORDED LEASE BY AND BElWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDffiONS THEREIN PROVIDED: DISCLOSED BY: TYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: UNRECORDED UCENSE AGREEMENT AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE APRIL 9, 1993 SAN DIEGO GAS AND ELECTRIC COMPANY HUBBS-SEA WORLD RESEARCH INSTITUTE APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 83. THE UNRECORDED LEASE BY AND BElWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDffiONS THEREIN PROVIDED: DISCLOSED BY: TYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: UNRECORDED UCENSE AGREEMENT AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE SEPTEMBER 22, 1995 SAN DIEGO GAS AND ELECTRIC COMPANY FLEET CALL WEST, INC. APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 84. THE UNRECORDED LEASE BY AND BElWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDffiONS THEREIN PROVIDED: DISCLOSED BY: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: STATE LAND LEASE OR COOUNG WATER DISCHARGE CHANNEL AS SHOWN ON RECORD OF SURVEY NO. 17350 JULY 8, 1989 SAN DIEGO GAS AND ELECTRIC COMPANY STATE OF CAUFORNIA APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. PAGE 27 ORDER NO. 7004756-27 85. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDffiONS THEREIN PROVIDED: DISCLOSED BY: TYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: UNRECORDED UCENSE AGREEMENT AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE AUGUST 20, 2006 SAN DIEGO GAS AND ELECTRIC COMPANY THE COUNTY OF SAN DIEGO APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 86. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDffiONS THEREIN PROVIDED: DISCLOSED BY: TYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: STATE LAND LEASE FOR DEPOSffiON OF DREDGE SPOILS AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE SEPTEMBER 1, 1994 SAN DIEGO GAS AND ELECTRIC COMPANY STATE OF CAUFORNIA APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 87. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDffiONS THEREIN PROVIDED: DISCLOSED BY: TYPE OF LEASE: DATED: LESSOR: LESSEE: RECORDED: RECORD OF SURVEY: LEASE NO. 871.1 PUBUC RESOURCES CODE SERIES AS SHOWN ON RECORD OF SURVEY NO. 17350 UNRECORDED LEASE AUGUST 20, 1996 STATE OF CAUFORNIA SAN DIEGO GAS AND ELECTRIC COMPANY APRIL 12, 2002 17350 THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. PAGE 28 ORDER NO. 7 004756-2 7 88. AN UNRECORDED AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS, AS DISCLOSED BY RECORD OF SURVEY MAP NO. 17350: DATED: BY AND BETWEEN: REGARDING: SEPTEMBER 17, 1968 ALLAN 0. KELLY AND SAN DIEGO GAS AND ELECTRIC COMPANY ACQUISmON OF EASEMENT AND OTHER MATTERS AS DESCRIBED IN SAID AGREEMENT 89. A PENDING SLOPE AND PEDESTRIAN WALKWAY EASEMENT IN FAVOR OF THE CARLSBAD MUNICIPAL WATER DISTRICT AS SHOWN ON RECORD OF SURVEY MAP NO. 17350. 90. COVENANTS AND CONDmONS OF THE LICENSE AS DISCLOSED BY RECORD OF SURVEY MAP NO. 17350. LICENSOR : LICENSEE: DISCLOSED BY: THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DELAWARE CORPORATION AS TO THE 1977 AGREEMENT AND NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD, AS TO THE 1999 AGREEMENT SAN DIEGO GAS AND ELECTRIC COMPANY LICENSE NO. 1050/AG-18605 DATED AS OF JULY 12, 1977 AND AMENDED BY AN UNRECORDED "RAILROAD RIGHT-OF-WAY LICENSE" DATED MARCH 31, 1999 91 . COVENANTS AND CONDmONS OF AN UNRECORDED AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AS SHOWN ON RECORD OF SURVEY NO. 17350. DATED: BY AND BETWEEN: REGARDING: DISCLOSED BY: MARCH 31, 1999 NORTH SAN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD AND SAN DIEGO GAS AND ELECTRIC COMPANY RAIL COMBINED LICENSE, COST AND MAINTENANCE AGREEMENT FOR THE ENCINAS POWER PLANT PRIVATE RAILROAD CROSSING 92. COVENANTS CONTAINED IN AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AS SHOWN ON RECORD OF SURVEY NO. 17350. DATED: BY AND BETWEEN: REGARDING: MAY 20, 1999 SAN DIEGO GAS AND ELECTRIC COMPANY AND CABRILLO POWER I, LLC METER SERVICES AGREEMENT 93. COVENANTS CONTAINED IN AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AS SHOWN ON RECORD OF SURVEY NO. 17350. DATED: BY AND BETWEEN: REGARDING: MAY 20, 1999 SAN DIEGO GAS AND ELECTRIC COMPANY AND CABRILLO POWER I, LLC ENERGY DELIVERY AGREEMENT PAGE 29 ORDER NO. 7004756-27 94. COVENANTS CONTAINED IN AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS AS SHOWN ON RECORD OF SURVEY NO. 17350. DATED: BY AND BETWEEN: REGARDING: MAY 20, 1999 SAN DIEGO GAS AND ELECTRIC COMPANY AND CABRILLO POWER I, LLC ENERGY SUPPORT AGREEMENT 95. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND INCIDENTAL PURPOSES. IN FAVOR OF: SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. FOR: RECORDED: GUY POLES AND/OR ANCHORS TOGETHER WITH CONNECTING WIRES TO SUPPORT THAT CERTAIN POLE UNE OCTOBER 28, 2002, AS INSTRUMENT NO. 2002-0945153, OF OFFICIAL RECORDS 96. THE UNRECORDED LEASE BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND UPON THE TERMS, COVENANTS AND CONDmONS THEREIN PROVIDED: DISCLOSED BY: TYPE OF LEASE: DATED: LESSOR: LESSEE: TERM: RECORDED: SHORT FORM GROUND LEASE AND EASEMENT AGREEMENT GROUND LEASE JULY 11, 2003 CABRILLO POWER I, LLC, A DELAWARE LIMITED LIABILITY COMPANY POSEIDON RESOURCES (CHANNELSIDE) LLC., A DELAWARE LIMITED LIABILITY COMPANY AS THEREIN PROVIDED JULY 18, 2003, AS INSTRUMENT NO. 203-0855354, OF OFFICIAL RECORDS THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE AND OTHER MATTERS AFFECTING THE INTEREST OF THE LESSEE ARE NOT SHOWN HEREIN. 97. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENTITLED "SHELL FISH HOLD HARMLESS AGREEMENT', EXECUTED BY AND BETWEEN CARLSBAD AQUAFARMS INCORPORATED, A CALIFORNIA CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA RECORDED AUGUST 12, 2003 AS INSTRUMENT NO. 2003-0969988 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 98. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENTITLED "ASSIGNMENT AND ASSUMPTION AGREEMENT", EXECUTED BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND CABRILLO POWER I, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED NOVEMBER 25, 2003 AS INSTRUMENT NO. 2003-1411260 OF OFFICIAL RECORDS. PAGE 30 ORDER NO. 7004 756-27 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 99. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENffiLED "EASEMENT AGREEMENT'', EXECUTED BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY, A CALIFORNIA CORPORATION AND CABRILLO POWER I, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED NOVEMBER 25, 2003 AS INSTRUMENT NO. 2003-1411261 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 100. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENffiLED "ASSIGNMENT AND ASSUMPTION AGREEMENT (UNRECORDED AGREEMENT)", EXECUTED BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY, A CALIFORNIA CORPORATION AND CABRILLO POWER I, LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED NOVEMBER 25, 2003 AS INSTRUMENT NO. 2003-1411265 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 101. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENffiLED "MEMORANDUM OF PARTIAL ASSIGNMENT AGREEMENT", EXECUTED BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY, A CALIFORNIA CORPORATION AND CABRILLO POWER I, LLC., A DELAWARE LIMITED LIABILITY COMPANY RECORDED NOVEMBER 25, 2003 AS INSTRUMENT NO. 2003-1411266 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 102. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENffiLED "EASEMENT AGREEMENT", EXECUTED BY AND BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY, A CALIFORNIA CORPORATION AND CABRILLO POWER I LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED NOVEMBER 25, 2003 AS INSTRUMENT NO. 2003-1411267 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 103. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENffiLED "WATER PURCHASE AGREEMENT', EXECUTED BY AND BETWEEN THE CARLSBAD MUNICIPAL WATER DISTRICT AND POSEIDON RESOURCES (CHANNELSIDE) LLC. RECORDED NOVEMBER 9, 2004 AS INSTRUMENT NO. 2004-1066286 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 104. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENmLED "OPEN SPACE DEED RESTRICTION", EXECUTED BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION RECORDED JUNE 7, 2005 AS INSTRUMENT NO. 2005-0475685 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 105. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENffiLED "OPEN SPACE DEED RESTRICTION", EXECUTED BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORATION RECORDED JUNE 7, 2005 AS INSTRUMENT NO. 2005-0475686 OF OFFICIAL RECORDS. PAGE 31 ORDER NO. 7004756-27 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 106. TERMS, PROVISIONS, AND CONDmONS CONTAINED IN AN INSTRUMENT ENTITLED "OPEN SPACE DEED RESTRICTION", EXECUTED BY AND BETWEEN CABRILLO POWER I LLC, A DELAWARE LIMITED LIABILITY COMPANY RECORDED JUNE 27, 2005 AS INSTRUMENT NO. 2005-0538090 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 107. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT: A) SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LAND, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED, OR B) SOME PORTION OF SAID LAND AHS BEEN BROUGHT WITHIN THE BOUNDARIES THEREOF BY AN AVULSIVE MOVEMENT OF THE PACIFIC OCEAN OR HAS BEEN FORMED BY ACCRETION TO ANY SUCH PORTION. 108. RIGHTS AND EASEMENTS FOR NAVIGATION AND FISHERY WHICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS OF PACIFIC OCEAN. 109. ANY RIGHTS IN FAVOR OF THE PUBLIC WHICH MAY EXIST ON SAID LAND IF SAID LAND OR PORTIONS THEREOF ARE OR WERE AT ANY TIME USED BY THE PUBLIC. 110. ANY EASEMENT OR LESSER RIGHTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE, AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 111. ANY RIGHTS OF PARTIES IN POSSESSION OF SAID LAND, BASED ON ANY UNRECORDED LEASE OR LEASES, AS DISCLOSED BY AN INSPECTION OF SAID LAND AND/OR INQUIRY. 112. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. * * * * * * * * * * END OF REPORT * * * * * * * * PAGE 32 ORDER NO. 7004 756-2 7 ***** NOTES ***** SPECIAL NOTE: NOTICE OF CHANGE IN OWNERSHIP RECORDING PROCEDURE EFFECTIVE JULY 1, 1985, PURSUANT TO A NEW STATE LAW (SECTION 480.3 OF THE REVENUE AND TAXATION CODE), ALL DEEDS AND OTHER DOCUMENTS THAT REFLECT A CHANGE IN OWNERSHIP, MUST BE ACCOMPANIED BY A PREliMINARY CHANGE OF OWNERSHIP REPORT, TO BE COMPLETED BY THE TRANSFEREE. IF THIS SPECIAL REPORT IS NOT PRESENTED AT THE TIME OF RECORDING, AN ADDmONAL RECORDING FEE OF $20.00, AS REQUIRED BY LAW, WILL BE CHARGED. PREliMINARY CHANGE IN OWNERSHIP FORMS, INSTRUCTIONS ON HOW TO COMPLETE THEM, AND A NON-EXCLUSIVE liST OF DOCUMENTS THAT ARE AFFECTED BY THIS CHANGE, ARE AVAILABLE FROM THE COUNTY RECORDER'S OFFICE OR THE OFFICE OF THE COUNTY ASSESSOR. IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUBESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM TWO TO SEVEN BUSINESS DAYS AFTER THE DATE OF DEPOSITED. TO FACILITATE THE ELECTRONIC TRANSFER OF FUNDS TO NORTH AMERICAN TITLE COMPANY THE FOLLOWING IS PROVIDED FOR YOUR USE: THE WIRING INSTRUCTIONS FOR COMERICA BANK ARE AS FOLLOWS: Comerica Bank 411 West Lafayette Detroit, Michigan 48226 ACCOUNT #1891528299 ABA #121137522 OUR NO.: 7004756-27 PAGE 33 ORDER NO. 7004756-27 NOTE NO. 1. CONTINUED BE SURE TO REFERENCE OUR ORDER NUMBER AND illLE OFFICER NAME. SHOULD THIS OFFICE BE REQUIRED TO WIRE FUNDS OUT AT CLOSE OF ESCROW, PLEASE BE INFORMED THAT WIRING INSTRUCTIONS SHOULD BE RECEIVED AS SOON AS POSSIBLE, BUT NO LATER THAN THE FOLLOWING TIMES. WIRES OUTSIDE THE STATE OF CALIFORNIA: 11:00 A.M. ON DATE OF WIRE WIRES WITHIN THE STATE OF CALIFORNIA: 12:00 P.M. ON DATE OF WIRE EFFECTIVE JANUARY 1, 1991 A SERVICE CHARGE OF $25.00 WILL BE ASSESSED FOR ALL FUNDS DISBURSED BY THIS COMPANY BY WIRE. NOTE NO.2. PAYOFF REQUIREMENT JS IF ANY OF THE DEEDS OF TRUST SHOWN IN THIS PRELIMINARY REPORT SECURES A REVOLVING CREDIT LOAN, THIS COMPANY WILL REQUIRE PRIOR TO CLOSING THAT: 1. THE BORROWER PROVIDE AUTHORIZATION TO THE LENDER TO FREEZE THE LOAN FROM FURTHER DISBURSEMENTS AND THAT WE BE PROVIDED WITH PROOF THAT THE ACCOUNT HAS BEEN FROZEN AND THE EFFECTIVE DATE OF THE FREEZE. 2. ALL UNUSED CHECKS, VOIDED CHECKS AND/OR CREDIT CARDS BE SUBMffiED TO THIS COMPANY. 3. THERE ARE NO OUTSTANDING CHECKS UNPAID. 4. SHOULD THE COMPANY BE UNABLE TO ASCERTAIN THAT ONE OR MORE OF THE ABOVE HAVE NOT BEEN COMPLIED WITH, WE WILL WITHHOLD FROM THE PROCEEDS THE MAXIMUM AMOUNT OF THE LOAN OBLIGATION UNTIL SUCH TIME AS WE MAY VERIFY THAT THE PAYOFF WAS SUFFICIENT TO OBTAIN A FULL RECONVEYANCE. PAGE 34 ORDER NO. 7004 756-27 . . Privacy Policy Notice (as of July 1, 2001) We at the North American Title family of companies take your privacy very seriously. We do not share your private information with anyone except as necessary to complete your real property, title insurance and escrow transaction. OUR PRIVACY POUCIES AND PRACTICES 1. Information we collect and sources from which we collect it: We collect nonpublic personal information from you from the following sources: * Information we receive from you on applications or other forms. * Information about your transactions with us, our affiliates or others. * Information from non-affiliated third parties relating to your transaction. "Nonpublic personal information" is nonpublic information about you that we obtain in connection with providing a product or service to you. 2. What information we disclose and to whom we disclose it: We do not disclose any nonpublic personal information about you to either our affiliates or non-affiliates without your express consent, except as permitted or required by law. We may disclose the nonpublic personal information we collect, as described above, to persons or companies that perform services on our behalf regarding your transaction. "Our affiliates" are companies with which we share common ownership and which offer real property, title insurance, or escrow services. 3. Our security procedures: We restrict access to your nonpublic personal information and only allow disclosures to persons and companies as permitted or required by law to assist in providing products or services to you. We maintain physical, electronic, and procedural safeguards to protect your nonpublic personal information. 4. Your right to access your personal information: You have the right to review your personal information that we record about you. If you wish to review that information, please contact your local. North American Title office and give us a reasonable time to make that information available to you. If you believe any information is incorrect, notify us, and if we agree, we will correct it. If we disagree, we will advise you in writing why we disagree. 5. Customer acknowledgement: Your receipt of a copy of the preliminary report, commitment, your policy of insurance, or escrow documents, accompanied by this Notice will constitute your acknowledgement of receipt of this Privacy Policy Notice. North American Title may also share your information with an insurance institution, credit reporting agency, insurance regulatory authority, law enforcement, other governmental authority, actuary, or other research organization for purposes of detecting or preventing fraud, crimes, or misrepresentations in connection with an insurance or real estate transaction, resolving claims or service disputes, investigating suspected illegal or unlawful activities, or for conducting actuarial or research studies. PAGE 35 ... 0 No ' ;t_"J . .. . ' ... . , .. .. ~ PACIFIC e 4- 31.oe AC 8.69AC @ ~ 135.55 AC The information on this plat is provided for your conveni- ence as a guide to the general location of the subject property. The accuracy of this plat is not guarante~. n~r is it a part of any policy, report or guarantee to wh1ch 1t may be attached. 210-01 ~ SHT 1 OF 2 . l "=4~~ I•CARLS8AO STATE BEACH 2+ CANNON PARK '-1 "0 Ill IQ Cb .... , 0 11, 1\) \ e . SU OtEGO COu•TY l $5[$$0\" S H., el 20, 06 SHT I 01'2 "S3:>NVNIO~O ~NI01108 ~0 NOISII\IOSOS 1V:>01 H~IMA1dWO:> ~ON A"'VW S13:>~Vd "NMOHS V~VO 3H~ :10 A:>V~n:>:>V 3H~ ~0:1 03WnSSV Sl ~1118VI1 ON "A1NO S3SOd~Od 3:>N3~3:13~ ~0~~3Sn 0100HS d'tfW SIH~ P' ~,~ ... p-. ~ o.v .•• ~,~ '. c.; ,. POR PAR I $8£ IIAP 141-37-73.1 BLK W POR PAR I S8E IIAP 141-37-73.1 The information on this plat is provided for your conveni- ence as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. MAP 823-RANCHO t>GUA MAP 1803 -PALISADES NO.2 ROS 13249, 14621 206-07 ~ SHT 1 OF 2 » 1""=100" t}J 2/14/2002 sM CHANGES ~I( OLD t-£W ~ CVT 5 ' c. .. ~116 I I.~!-81 S7•S J 7-9 , 153• _j_ Co....o. a, ,.. a: ~.!-lo4u '~ 1'131 • 12-IS 02 1 ....... 10.11 H5*17 02 1994 1• CONOM CHINQUAPIN "TERRAC£ ~e~~})6t4 .... , 0 11) .... ~ ~ SAM DIEGO COUMTY ASSESSOR' S HAP U 20' PG 3 I 'S3~N\fNIO~O ~NI011n8 ~0 NOISIAIOSnS 1\f::l01 HliM A 1dWO::> .LON A\fW S13::l~\fd 'NMOHS \fl'ltO 3H.l ::IO'A::l\f~n::>::>\f 3Hl ~0::1 03VIInSS\f Sl . All118\fl1 ON 'A 1NO S3SOd~nd 3::>N3~3::13~ ~0::1 03Sn 38 01nOHS d\fW SIHl 204-31 I~ CHANGES The information on this plat is provided for your conveni- ence as a guide to the general location of the subject prop.erty. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attaGhed, BlK OlD I I I MAP 1681 -THUM LANDS -TCTS A & 5 MAP 203 -FRAZIER PLOT -LOT 4 NEW H CUT NOTICE OF EXEMPTION To: SD County Clerk Attn: Jennifer Samuela Mail Stop A-33 1600 Pacific Highway San Diego, CA 92101 From: ~0 [1~@ l:mest J Dronenhur~ . .lr. Re.:ord~r Cou111) <.:lvf~ AUG 14 20 ~2 E. Tamez BY ___ -;D=:;:E:;:;PUmi'Yr:v I" CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title: SUP 06-l OX 1 -Agua Hedionda Outer Lagoon Maintenance Project Location -Specific: Between the railroad tracks to the east and the Pacific Ocean and Carlsbad Boulevard to the west (APN 210-010-43). Project Location -City: =C=ar:.:.ls=b=a=d ___ _ Project Location -County: San Diego Description of Project: Dredge a maximum of 500,000 cubic yards of sand from the outer Agua Hedionda Lagoon and place the dredged sand on the beach adjacent to and to the north of the lagoon. Name of Public Agency Approving Project: =C=ity:..J..,...;:.o..:...f=C=ar=ls=b=a=d ___________ _ Name of Person or Agency Carrying Out Project: =Sh=e=i=la:....:H..:..;e=n=ik=a=,-"N-=R=G"'---------- Name of Applicant: Eric Gavala, President of Encina Power Station Applicant's Address: 4600 Carlsbad Boulevard, Carlsbad, CA 92008 Applicant's Telephone Number: 760-268-4000 r iLED IN THE OFFICE OF THE COUNlY CLERt San Diego County on AUG 1 4 2012 Exempt Status: (Check One) Posted AUG 1 4 2012 ReMo'ted Sf P 1 9 2012 Returned to ~on S 9eputy E. Tam~e,._z---.-...._~---1 D Ministerial (Section 21 080(b )( l ); 15268); D Declared Emergency (Section 2l080(b)(3); l5269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); ~ Categorical Exemption -State type and section number: =S.:.;ec=t.:.o:io~n""'l;.:::5.::<,3.:::..04.!.l(.Qg ..... ) _____ _ D Statutory Exemptions-State code number:----------------- Reasons why project is exempt: Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Lead Agency Contact Person: .._Pa=m=-=D=r=ew"'------Telephone: (760) 602-4644 8 -/.J -IZ. DON NEU, City Planner Date Date received for fil ing at OPR: Revised November 2005 ,....., '-' State of California-The Resources Agency DEPARTMENT OF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARY LEAD AGENCY CITY OF CARLSBAD Planning Department COUNTY/STATE AGENCY OF FILING San Diego PROJECT TITLE SUP 06-1 OX1 -Agua Hedionda Outer Lagoon Maintenance PROJECT APPLICANT NAME Eric Gavala, President of Encina Power Station PROJECT APPLICANT ADDRESS CITY 4600 Carlsbad Boulevard Carlsbad PROJECT APPLICANT (Check appropriate box): III Local Public Agency D School District 0 Other Special District CHECK APPLICABLE FEES: D Environmental Impact Report D Negative Declaration D Application Fee Water Diversion (State Water Resources Control Board Only) D Projects Subject to Certified Regulatory Programs Ill County Administrative Fee D Project that is exempt from fees 12J Notice of Exemption 0 DFG No Effect Determination (Form Attached) D Other------------------- PAYMENT METHOD: 0 Cash D Credit Ill Check D Other #0114151 E. Tamez RECEIPT# SD2012 0707 STATE CLEARING HOUSE#!Ifapplicabte) STATE CA D State Agency $2,919.00 $2,101.50 $850.00 $992.50 $50.00 DATE 08/14/2012 DOCUMENT NUMBER *20120707* PHONE NUMBER 760/268-4000 ZIP CODE 92008 0 Private Entity $ ______ _ $ ______ _ $ ______ _ $ _______ _ $ $50.00 ---------~---- $ ______ __ TOTAL RECEIVED $ ____ __;$_5_0._00 __ llTLE Deputy 11111111111111111111111111111111111111111111111111 ORIGINAL-PROJECT APPLICANT COPY-DFG/ASB COPY -LEAD AGENCY COPY· COUNTY CLERK FG 753.5a (Rev. 7/08) State of California-The Resources .Qcy DEPARTMENT OF FISH AND GAME 2012 ENVIRONMENTAL FILING FEE CASH RECEIPT RECEIPT# SD2012 0707 SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARl! LEAD AGENCY CITY OF CARLSBAD Planning Department COUNTY/STATE AGENCY OF FILING San Diego PROJECTTITLE SUP 06-10X1-Agua Hedionda Outer Lagoon Maintenance PROJECT APPLICANT NAME Eric Gavala, President of Encina Power Station PROJECT APPLICANT ADDRESS 4600 Carlsbad Boulevard PROJECT APPLICANT (Check appropriate box): CITY Carlsbad STATE CLEARING HOUSE#(Itapplicable! DATE 08/14/2012 CITY "F CA ;: DOCUMENTNUMBER • 1 · \,., •· .RtSBAD *2012o7or lPLANr~f,!l.if.: ~·lo;:;p"':.·, ilt!EN..,' PHONE NUMBER : ' ''""i~.....,. """'.:_, n.i\ln· .. t f; '·--! 760/268-4000 STATE ZIPCODE CA 92008 ~ Local Public Agency CJ School District CJ Other Special District CJ State Agency CJ Private Entity CHECK APPLICABLE FEES: CJ Environmental Impact Report CJ Negative Declaration CJ Application Fee Water Diversion (State Water Resources Control Board Only) CJ Projects Subject to Certified Regulatory Programs IZl County Administrative Fee CJ Project that is exempt from fees 12) Notice of Exemption CJ DFG No Effect Determination (Form Attached) CJ Other------------------- PAYMENT METHOD: CJ Cash CJ Credit IZJ Check CJ Other #0114151 E. Tamez $2,919.00 $ $2,101.50 $ $850.00 $ $992.50 $ $50.00 $ $50.00 $ ______ _ TOTALRECEIVED $ -------'-$-'-50_._00_ TITLE Deputy llllllllllllllllllllllllllllllllllllllllllllllllll ORIGINAL· PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) EOst J. Dronenburg, JrO COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite I 03 San Diego, CA 92101-2480 Tel. (619) 236-3771 *Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 *San Diego, CA 92112-1750 Tel. (619)237-0502 *Fax (619)557-4155 Transaction#: 277783420120814 Deputy: ETAMEZ Location: COUNTY ADMINISTRATION BUILDING 14-Aug-2012 15:32 FEES: 50.00 Qty of 1 Fee Notice of Exemption for Ref# SD2012 0707 ------ 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS * Tax Bill Address Changes * Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate * Fictitious Business Names (DBAs) * Marriage Licenses and Ceremonies * Assessor Parcel Maps * Property Ownership * Property Records * Property Values * Document Recordings SERVICES AVAILABLE ON-LINE AT www.sdarcc.com * Forms and Applications * Frequently Asked Questions (F AQs) * Grantor/ Grantee Index * Fictitious Business Names Index (DBAs) * Property Sales * On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents NOTICE OF EXEMPTION To: SO County C lerk ~ From: CITY OF CARLSBAD (F ~ lL ~ II] Attn: Anthony J. Consul Mail Stop A-33 Gregory J. Smith, Recorder/County Cieri< Planning Department 1600 Pacific Highway San Diego CA 921 0 I 1635 Faraday Avenue OCT 2 6 ZOOS Carlsbad CA 92008 A. Consul BY.:__-----;::;:DE:;::PU~TV Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title: SUP 06-1 0 -Agua Hedionda Outer Lagoon Maintenance Project Location -Specific: Between the railroad tracks to the east and the Pacific Ocean and Carlsbad Blvd. to the west (APN 210-0 I 0-43). Project Location -City:_C=ar'"'"'ls""'b"""ad"'------Project Location -County: San Diego Description of Project: Dredge a maximum of 500,000 cubic yards of sand from the outer Agua Hedionda Lagoon and place the dredged sand on the beach adjacent to and to the north ofthe lagoon. Name of Public Agency Approving Project:_C=ity..t....=o"-f C=ar'-"ls""'b"""ad"'--------------- Name of Person or Agency Carrying Out Project: Sheila Henika , Cabrillo I, LLC -Encina Power Station. Name of Applicant: David Lloyd, Secretary of Encina Power Station Applicant's Address: 4600 Carlsbad Blvd, Carlsbad, CA 92008 Applicant's Telephone Number:--'-7-'<-60-"'---"'2-'<-6-"'-8-__,4-'<-0-"'-00,__ _______________ _ Exempt Status: (Check One) D Ministerial (Section 21080(b)(l); 15268); D Declared Emergency (Section 21 080(b)(3); 15269(a)); D Emergency Project (Section 21080(b)(4); 15269 (b)(c)); (gJ Categorical Exemption -State type and section number:....:::S=e=ct=io=n,_l'-"5:..:<3=04..!..l(..l;>g.L.) _____ _ D Statutory Exemptions-State code number: ________________ _ Reasons why project is exempt: Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. Lead Agency Contact Person:_._P-=ac:..:.m'-'D~re:....:..w,___ ___ _ Telephone: (760) 602-4644 /o-23-oC DON NEU, Assistant Planning Director Date Date received for filing at OPR: FILED IN THE OFFICE OF THE COUNTY CLERK San Diego County on OCT 2 6 200~ Posted ocr 2 6 7!10 1 Removed NOV 2 7 2006 Returned to agency on NO I ·~ ·I ·1 Revised November 2005 ( . STATE OF CALIFORNIA-~ ESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (8-03} Lead Agency: City of Carlsbad 278757 Date: 10/26/2006 County I State Agency of Filing: _S_a_n_D_ie....:g:..o ______________ .~_....,_·•_l'_lf,..:"..!!~"-'~'-,-Document No.: ---------------- 1 M '} Project Title: SUP 06-1 0 Agua Hedionda Outer Lagoon Maintenance t:1,,:" Ul •Jq Project Applicant Name: David Lloyd, Secretary of Encina Power Station Phone Number: (760) 268-4000 Project Applicant Address: 4600 Carlsbad Blvd, Carlsbad, CA 92008 Project Applicant (check appropriate box): Local Public Agency 0 State Agency School District D Other Special District 0 0 Private Entity [{] CHECK APPLICABLE FEES: ( ) Environmental Impact Report $850.00 $ ______ _ ( ) Negative Declaration $1,250.00 $ ______ _ ( ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ _____ _ ( ) Projects Subject to Certified Regulatory Programs $850.00 $ _____ _ ( ) County Administrative Fee At'/' /./J/1-/) ./ $25.00 (/) Project that is exempt from fees W /' f'{.)L/ C I TOTAL RECEIVED . onsu $ _____ _ $ 0.00 Signature and title of person receiving payment: Deputy 'MillE • PROJECT APPLICANT YELLOW-OFGIFASB PINK-LEAD AGENCY GOLDENROD-STATE AGENCY OF FILING , (t~ CITY OF 0 0 FILE COPY 11·~·11 ¥CARLSBAD Community & Economic Development www.carlsbadca.gov I EARLY PUBLIC NOTICE PROJECT NAME: Agua Hedionda Outer Lagoon Maintenance Dredging PROJECT NUMBER: SUP 06-10x1 This early public notice is to let you know that a development application for a 5-year extension of a Special Use Permit to periodically dredge the Agua Hedionda Outer Lagoon, and to place the dredged sand on the beach in three locations, has been submitted to the City of Carlsbad on October 14, 2011. The project application is undergoing its initial review by the City. LOCATION: The project site is located on the Agua Hedionda Outer Lagoon, that portion of the lagoon adjacent to the ocean between Carlsbad Boulevard and the railroad track trestles, including the north, middle and south beaches where dredged sand will be deposited PROJECT DESCRIPTION: To extend the existing permit for 5 years to allow for the periodic dredging of the Agua Hedionda Outer Lagoon, and the placement of the dredged sand on the north, middle and south beaches. The periodic dredging is necessary to ensure an adequate supply of cooling ocean water needed for operation of the Encina Power Plant. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Pam Drew, Associate Planner at Pam. Drew@carlsbadca.gov, (760) 602-4644, City of Carlsbad Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 or Sheila Henika, Environmental Engineer at Sheila.Henika@nrgenergy.com , (760) 268-4018, Encina Power Station, 4600 Carlsbad Boulevard, Carlsbad, CA 92008. ··~ Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 I ® I 0 City o FILE COPY of CarlsbcltioCI' IQ@Jhhib•i•J§.t;llllel§bl EARLY PUBLIC NOTICE PROJECT NAME: AGUA HEDIONDA OUTER LAGOON MAINTENANCE PROJECT NUMBER: SUP 06-10 This early public notice is to let you know that a development application for a Special Use Permit to periodically dredge the Agua Hedionda Outer Lagoon, and to place the dredged sand on the beach in three locations, has been submitted to the City of Carlsbad on July 24, 2006. The project application is undergoing its initial review by the City. LOCATION: The project site is located on the Agua Hedionda Outer Lagoon, that portion of the lagoon adjacent to the ocean between Carlsbad Blvd. and the railroad track trestles, including the north, middle and south beaches where dredged sand will be deposited PROJECT DESCRIPTION: To allow for the periodic dredging of the Agua Hedionda Outer Lagoon, and the placement of the dredged sand on the north, middle and south beaches. The periodic dredging is necessary to ensure an adequate supply of cooling ocean water needed for operation of the Encina Power Plant. Please keep in mind that this is an early public notice and that the project design could change as a result of further staff and public review. A future public hearing notice will be mailed to you when this project is scheduled for public hearing before the Planning Commission. CONTACT INFORMATION: If you have questions or comments regarding this proposed project please contact Pam Drew, Assistant Planner at pdrew@ci.carlsbad.ca.us, (760) 602-4644, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008 or Sheila Henika, Environmental Engineer at Sheila.henika@nrgenergy.com, (760) 268-4018, Encina Power Station, 4600 Carlsbad Blvd., Carlsbad, CA 92008. I 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!} 0 Cit of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, October 18, 2006, to consider a request for the following: CASE NAME: SUP 06-10 -Agua Hedionda Outer Lagoon Maintenance PUBLISH DATE: October 6, 2006 DESCRIPTION: Request for approval of a Floodplain Special Use Permit to allow periodic maintenance dredging of the Agua Hedionda Outer Lagoon, and the placement of dredged sand on Carlsbad beaches in Local Facilities Management Zone1. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.ci.carlsbad.ca.us/pdfdoc.html?pid=295 on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Pam Drew in the Planning Department at (760) 602-4644, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00a.m. to 5:00p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project 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 at or prior to the public hearing. 1:1 Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (1 0) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) 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 Formerly 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 California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County 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 regu lar and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: July 20th, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Escondido, Ca lifornia On This 20th, Jul , 2 ne Allshouse H COUNTY TIMES Legal Advertising This space is f< 1e County Clerk's Filing Stamp Proof of Publication of I ~ PLANNINv COMMISSION~~ ~NOTICE IS HEREBY GIVEN to you, because your l~terest ma be affected, that the Plannin!l Commission of the City of Carlsba~ will hold a public hearing at the Council Chambers 1200 Carlsbad Village Drive Carlsbad •. California, at 6:00 p.m. on Wednesday, August 1, 2012, to consldei the folfowmg: , 1) .CT 11·02/PUD ~: .I.A QQ.SIA VISTA· Request for approval of a Ten· tativ~ Tract Map and Planned Development Permit to develop a seven unit mulll·famlfy restdentlal air·space condominium project on a .40-acrQ lnfill site generally located at the northern end of Jerez Court in Local Facilities Man· agement Zone 6. 2) ~D§:.ll!Xl A®! HEOIONOA ~~MAINTENANCE · Re· quest for .a retroac:uve five year extension of a Aoodplain Special Use Permit to aHow penodtc mruntenance dredging of the Agua Hedionda Outer La~. and the placement of dredged sand on Carlsbad beaches in Local Facilities Man· agement Zone 1. If you challenge these projects In court, you may be limited to raising only those , issues~ or someone else rai~ at the public hearing described In this notice « In wrille~ correspondence delivered to the Qty of Carlsba.d at or prior to the ~heenng. Copies of the enVironmental documents are available at the Planning OMsion at 1635 Faraday Avenue during regular business hours from 7:30 am to 5:30 pm Monday through Thursday and 8:00am to 5:00pm Friday. City of Carlsbad JUL 2 7 201Z Community & Economic Development Department -(~~CITY OF ~CARLSBAD 0 0 FlLE COPY 7· 19·/.;) Community & Economic Development www.carlsbadca.gov NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 1, 2012, to consider a request for the following: CASE NAME: SUP 06-10x1-Agua Hedionda Outer Lagoon Maintenance PUBLISH DATE: July 20, 2012 DESCRIPTION: Request for a retroactive five year extension of a Floodplain Special Use Permit to allow periodic maintenance dredging of the Agua Hedionda Outer Lagoon, and the placement of dredged sand on Carlsbad beaches in Local Facilities Management Zone 1. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/cityhall/meetings/Pages/meeting-videos.aspx on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Pam Drew in the Planning Division at (760} 602-4644, Monday through Thursday 7:30a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project 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 at or prior to the public hearing. o Appeals to the City Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DIVISION · · · .. Planning Division ~~-~~--~--------------------------------------------------------. · :. · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® NOTIC( 'PUBLIC HEARING-CITY OI~,.)u.SBAD Response must be received by: July 18, 2012 Public Hearing Date: ~A"""u~e:u=st'-'l!.J.,-=2~0'"""1""'2--------------------------------- Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE, CARLSBAD. CALIFORNIA. 92008 Public Hearing Time: .!<6_,_,:0,_,0:.=·!!cmo:... ----------------------------------- Project Title: AGUA HEDIONDA OUTER LAGOON MAINTENANCE-SUP 06-10xl Lead Agency: City of Carlsbad -Planning Contact Person: Pam Drew. Associate Planner Street Address: 1635 Faraday Avenue Phone: l..(7~6~0.L) """60""2"--4_,_,6:<..4!..!4 _______________ _ City: Carlsbad Zip: 92008 County: ~Sa~n~D=ie:::;g""o __________ _ PROJECT LOCATION~ County: San Diego City/Nearest Community: .::C~ity'-'-'o""f_,C::.:a=-r~ls""b=ad=------------ Cross Streets: Carlsbad Boulevard & Cannon Road Total Acres: =-35""''""5_,(_,la""g""o""'o""n_,ar:o.:e,a,_,_) _____________ _ Assessor's Parcel Nos. 210-010-43 (Agua Hedionda Land Grant) Section: N/A Twp. N/A Range: N/A Base: San Bernardino Baseline & Meridian Within 2 Miles: State Hwy #: _._10"'-1~&"---'I'--=-5 ______ Waterways: Pacific Ocean & Agua Hedionda Lagoon Airports: McClellan/Palomar Railways: NCTD Schools: .:.C'-':!ar~l~sbO!.!a~d~U=rn~·fi""e:>!d'------------- ENVIRONMENTAL DOCUMENT: CEQA: 0 NOP 0 Supplement/Subsequent 0 Early Cons 0 EIR (Prior SCH No.)------------- 0 Neg Dec [8] Other: Notice of Exemption per Section 15304(g)-maintenance 0 Draft EIR LOCAL ACTION TYPE: 0General Plan Update 0 0General Plan Amendment 0 0General Plan Element 0 Ozone Code Amendment 0 DEVELOPMENT TYPE: dredging Specific Plan Master Plan Planned Unit Development Site Plan 0 Rezone [8] Use Permit 0 Land Division (Subdivision, Parcel Map, Tract Map, etc.) 0Residential: Units ~N""'/A_.__ __________ Acres _____ _ Oomce: Sq. Ft. N/ A Acres _____ _ Ocommercial: Sq. Ft. N/A Acres _____ _ 0Industrial: Sq. Ft. N/ A Acres _____ _ 0Recreational: !..:'N"-'/A_,__ ___________________ _ PROJECT ISSUES DISCUSSED IN DOCUMENT: OAestheticNisual 0 Flood Plain/Flooding 0Agricultural Land D Forest Land/Fire Hazard 0Air Quality 0 Geological/Seismic 0Archaeologicai!Historical D Minerals Ocoastal Zone 0 Noise 0Drainage/ Absorption D Population/Housing Balance 0Economic/Jobs D Public Services/Facilities 0Fiscal D Recreation/Parks Present Land Use/Zoning/General Plan Use Present Land Use: Lagoon and Beach Zoning: Open Space (OS) and Public Utility (P-U) General Plan: Open Space (O-S), Public Utilities (U) P'roject Description: 0 Schools/Universities D Septic Systems 0 Sewer Capacity D Soil Erosion/Compaction/Grading D Solid Waste 0 Toxic/Hazardous 0 Traffic/Circulation D Vegetation 0 Annexation 0 Redevelopment 0 Coastal Permit 0 Other: _______ _ 0 Water Quality D Water Supply/Ground Water 0 Wetland/Riparian D Wildlife D Growth Inducing D Land Use D Cumulative Effect D Other: The project includes a Request for a retroactive five year extension of a Floodplain Special Use Permit to allow periodic maintenance dredging of the Agua Hedionda Outer Lagoon, and the placement of dredged sand on the City of Carlsbad beaches. Mail notice to: San Diego County Clerk of the Board of Supervisors, Public Notice Hearings, Mailstop A-45, Room 402, 1600 Pacific Highway, San Diego, CA 921 0 I Where documents are located for Public Review: Planning Division, 1635 Faraday Avenue, Carlsbad, CA 92008 April2011 PROOF OF PUBLIC ..... ,..ION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Djego I am a citizen of the United States and a resident ~ This space is for the County Clerk's Filing Stamp the County aforesaid: I am over the age of eightee tnoe' years and not a party to or interested in the above-6'c-&c?' entitled matter. I am the principal clerk of the ~~~:,.....::;.--------------- printer of North County Times Formerly 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 California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County 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: October 06t\ 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 061h, Day of October, 2006 0 roof ofP11blication of _4~~ CITY OF ~'CARLSBAD ~~ u\t,lQ \ ~~ LJ FILE Planning Division www.carlsbadca.gov June 21, 2012 Sheila Henika, P.E. Environmental Engineer Cabrillo Power I, LLC 4600 Carlsbad Blvd. Carlsbad, CA 92008 SUBJECT: 2nd REVIEW FOR SUP 06-lOxl -AGUA HEDIONDA OUTER LAGOON MAINTENANCE DREDGING The items requested from you earlier to make your Special Use Permit, application no. SUP 06-lOxl complete have been received and reviewed by the Planning Division. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. If you have any question, you may also contact each commenting department individually as follows: • Planning Division: Pam Drew, Associate Planner, at (760) 602-4644 • Parks and Recreation, Parks Department: Steve Jantz, Associate Engineer, at (760) 434-2838 Sincerely, ~~,CCt-- DAVEdeCORDOVA Principal Planner DD:PD:bd c: Eric M. Gavala, Vice President, Cabrillo Power I LLC, 4600 Carlsbad Boulevard, Carlsbad, CA 92008 Don Neu, City Planner Steve Jantz, Project Engineer Scott Donnell, Senior Planner File Copy Data Entry 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® _.if~A_ CITY OF VcARLSBAD Planning Division November 10, 2011 Sheila Henika, P.E. Environmental Engineer Cabrillo Power I, LLC 4600 Carlsbad Blvd. Carlsbad, CA 92008 M~d tt )\c:;) 1\ o FILE www.carlsbadca.gov SUBJECT: 1st REVIEW FOR SUP 06-lOxl -AGUA HEDIONDA OUTER LAGOON MAINTENANCE DREDGING Thank you for applying for a Land Use Permit in the City of Carlsbad. The Planning Division has reviewed your Special Use Permit amendment, application no. SUP 06-10xl, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. The second list is project issues of concern to staff. In order to expedite the processing of your application, the "incomplete" items and your response to the project issues of concern to Staff must be submitted directly to your staff planner; therefore, please contact your staff planner directly to schedule a re-submittal appointment. As part of your re-submittal package, please prepare and include with your re-submittal: (1) a copy of these lists, (2) a detailed letter summarizing how all identified incomplete items and/or project issues have been addressed; and (3) two (2) sets of revised plans. No processing of your application can occur until the application is determined to be complete. When all required materials are submitted, the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, October 14, 2011, to either resubmit the application or submit the required information. . Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Pam Drew, at (760) 602-4644, or your staff engineer, Steve Jantz, at (760) 434-2838, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DAVE de CORDOVA Principal Planner DD:PD:bd c: Eric M. Gavala, Vice President, Cabrillo Power ILLC, 4600 Carlsbad Boulevard, Carlsbad, CA 92008 Don Neu, City Planner Steve Jantz, Project Engineer Scott Donnell, Senior Planner File Copy Data Entry Attachment 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 """· s!UP 06-lOxl-AGUA HEDION.rfA OUTER LAGOON MAINTENANCE No~~m ler{1Q,Z011 Pa e 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Provide the following information on the plan set: . a. Title sheet b. Vicinity map showing major cross streets c. Revised date of survey and preparation 2. Submit two (2) sets of plans on 24" x 36" sheets and one 8 W' x 11" reduced set. Include on all sheets the application number (SUP 06-10x1). 3. Other items required and applicable to this project are noted on the attached redline drawings. Please return the redline drawings with your next submittal. Engineering: 4. Please submit your specific proposal related to beach profile and sand quantities expected on north beach for review. 5. Please submit: 1) the criteria to determine beach quantities; 2) submit a preferred beach profile; 3) agreed upon local shoreline processes; and 4) previous studies to determine impact of the power plant on sand transport. ISSUES OF CONCERN Planning: 6. Attachment 7 (page 12) of your application package, titled Current Applicable Permits and Leases, states copies of these permits will be supplied upon request. Please submit copies with your next submittal. Engineering: None. April 6, 2012 Mr. Jerry Carter, Plant Manager Cabrillo Power I LLC Encina Power Station 4600 Carlsbad Blvd. Carlsbad, CA 92008 RE: Sand Disposal Criteria NOBLE CONSULTANTS. INC. Pertaining to Maintenance Dredging at Agua Hedionda Lagoon Outer Basin Carlsbad, California, SUP 06-10xl Dear Mr. Carter: This letter presents our findings and recommendations regarding our engineering analysis to formulate sand disposal criteria for future maintenance dredging cycles at the Agua Hedionda Lagoon Outer Basin, as shown in Figure 1. The Encina Power Station that was constructed in 1954 is presently owned by Cabrillo Power I LLC (Cabrillo ). Since the power-generating operation began in 1954, routine maintenance dredging at the Outer Basin is required to prevent the closure of the lagoon inlet and allow for continuous water extraction from the lagoon for the cooling system of the power station. The latest maintenance dredging cycle under the previous 5-year permit issued by the City of Carlsbad (City) was completed in the 2010-2011 period. As the existing permit has expired, a new permit is required to conduct future dredging activity. Upon the filing of a permit renewal application by Cabrillo, a response letter dated November 1 0, 2011 from the City requested additional items for the Floodplain Special Use Permit Extension Request Application regarding the Special Use Permit (SUP) 06-10. Specifically, these items are: • Submittal of specific proposal related to the sand placement profiles and quantities expected at North Beach, Middle Beach and South Beach; and • Technical information related to 1) the criteria to determine beach quantities; 2) the preferred beach profile of sand placement; 3) local shoreline processes; and 4) potential impact of the power plant operation on sand transport, based on previous studies. D NOVATO X IRVINE 359 BEL MARIN KEYS BLVD., SUITE 9, NOVA TO, CA 94949-5637 2201 DUPONT DR., SUITE 620, IRVINE, CA 92612-7509 http://www.nobleconsultants.com ( 415) 884-0727 FAX ( 415) 884-0735 (949) 752-1530 FAX (949) 752-8381 0 NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 2 of21 Therefore, this engineering analysis was performed to provide the necessary technical information so as to fulfill the requirement for the ongoing permit application and establish criteria for the future sand placement practice at three designated beaches, specifically the allocation of sand volume for each individual beach. 1.0 INTRODUCTION Agua Hedionda Lagoon that is located in the City of Carlsbad consists of three main basins, namely the Inner Basin, Middle Basin, and Outer Basin (see Figure 1 ). The lagoon is subject to sediment deposition from littoral sand that is transported into the Outer Basin via tidal exchange through the jettied inlet entrance. Periodic maintenance dredging is necessary in order to maintain a tidal lagoon and support its numerous land uses and activities. Maintenance dredging to remove the deposited littoral sediment from the Outer Basin and place the material within the adjacent beaches has been regularly conducted since the construction of the entrance jetties and the completion of the Encina Power Station in 1954. Figure 1 also shows the boundary limit of the three sand disposal locations; and Table 1 presents the approximate alongshore length of sand placement at each beach. Table 2 summarizes historical dredging volumes and sand placement activities, while Figure 2 provides the graphic presentation of the historical dredging volumes. It is noted that at least 30% of total dredged sand was placed at North Beach for the last five dredging cycles. Table 1. Boundary of Sand Disposal Beaches Beach Shoreline length Boundary Location (ft) North Beach -2,470 From Cherry Street to Oak Street Middle Beach -2,570 Between the inlet and discharg_e jetties South Beach -1,600 Extending 1,600 feet From discharge jetty 2.0 LOCAL SHORELINE PROCESSES Beaches within the project shoreline region that is located in the Oceanside Littoral Cell are relatively narrow and mostly backed by cliffs (i.e., North Beach), except for the segment fronting the lagoon (i.e., Middle Beach & South Beach). North Beach is composed of a thin veneer of sand with a cobble ridge for which its storage capacity of sand material is limited. Wave Exposure The subject shoreline is exposed to two primary swell systems of west and southerly swells respectively, and to a lesser extent locally generated seas. The prevailing west swells that propagate from the distant North Pacific Ocean region dominate the wave pattern during the winter months, while southerly swells originating in the southern atmosphere typically occur in NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 3of21 the spring and summer seasons with the peak occurrence in summer months. Offshore islands provide the partially-sheltering effect for west swells. Table 2. Historical Dredging Record Year Activity Period Dredging Disposal Volume (cv) Start Finish Volume (cy North Beach Middle Bead South Beach 1955 Aug-55 Sep-55 90,000 - -90,000 1957 Sep-57 Dec-57 183,000 - - 183,000 1959-60 Oct-59 Mar-60 370,000 - -370,000 1961 Jan-61 Apr-61 227,000 - -227,000 1962-63 SeQ-62 Mar-63 307,000 --307,000 1964-65 Sep-64 Feb-65 222,000 - - 222,000 1966-67 Nov-66 Apr-67 159,108 - -159,108 1968-69 Jan-68 Mar-69 96,740 - -96,740 1972 Jan-72 Feb-72 259,000 --259,000 1974 Oct-74 Dec-74 341,110 -341,110 - 1976 Oct-76 Dec-76 360,981 -360,981 - 1979 Feb-79 Apr-79 397,555 -397,555 - 1981 Feb-81 Apr-81 292,380 -292,380 - 1983 Feb-83 Mar-83 278,506 -278,506 - 1985 Oct-85 Dec-85 403,793 -403,793 - 1988 Feb-88 Apr-88 333,930 103,000 137,860 93,070 1990-91 Dec-90 Apr-91 458,793 24,749 262,852 171,192 1992 Feb-92 Apr-92 125,976 125,976 -- 1993 Feb-93 Apr-93 115,395 -115,395 - 1993-94 Dec-93 Apr-94 158,996 74,825 37,761 46,410 1995-96 Nov-95 Apr-96 443,130 106,416 294,312 42,402 1997 Sep-97 Nov-97 197,342 -197,342 - 1999 Feb-99 May-99 202,000 202,000 -- 2000-01 Nov-00 Apr-01 429,084 142,000 202,084 85,000 2002-03 Dec-02 Apr-03 336,857 144,116 131,377 61,364 2004-05 Jan-05 Mar-05 348,151 104,446 146,223 97,482 2006-07 Jan-07 Apr-07 333,373 100,012 140,017 93,344 2008-09 Dec-08 Apr-09 299,326 104,141 102,000 93,185 2010-11 Dec-10 Apr-11 226,026 70,300 93,696 62,030 Due to the periodic Southern Oscillation El Nino (SOEN) and Pacific Decadal Oscillation (PDO) effects, wave conditions within the project shoreline can experience periods of benign or severe storms that last for several years. The alternation ofwave pattern is exemplified by the frequent NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 4 of21 0 occurrence of severe winter storms in the 1980s 1 (e.g., 1983 and 1988) and the benign wave environment in the 2000s after the Regional Beach Sand Project was conducted in 2001. Figure 3 illustrates the number of storm events with the threshold wave height of 7 and 10 feet in the 2000s, while Figure 4 shows the comparison of energy index for the same period. Both figures demonstrate the benign conditions during the 2000s period. Shoreline Changes Beaches within the project site experience long-term shoreline evolution resulting from the sand balance within its littoral system as well as seasonal changes in beach width due to variant wave climate in the summer and winter seasons. It should be noted that winter sand profiles are typically more depleted than summer profiles, as sands are carried offshore beyond the surf zone during the winter months and stored in a bar formation. During the summer months, the beach widens and reforms as sands from the offshore bar return. This phenomenon is the consequence of seasonal wave climate. The offshore sand movement is induced by the stormy high waves in the winter, while the reverse trend occurs due to the low-height longer-period swells that are commonly observed in the summer months. Long term shoreline conditions within the San Diego shoreline were monitored initially by the United States Army Corps of Engineers-Los Angeles District and subsequently continued by the San Diego Association of Government (SANDAG) who conducted the Regional Beach Sand Project I in 2001. Also, several transects along the three sand disposal beaches were also established by Cabrillo to conduct the pre-and post-project beach profile surveys during the maintenance dredging cycles. Table 3 lists the survey transects that are located in the project area, while Figure 5 shows the locations of these transects. At North Beach, shoreline has gradually advanced since the Regional Beach Sand Project in 2001. Figures 6 and 7 illustrate the advance of the Mean Sea Level (MSL) position for the spring and fall profiles at two transects (CB-0830 & CB-0840i that were semiannually surveyed by SANDAG. It is noted that the MSL level is 2.73 feet above the Mean Lower Low Water (MLL W) line. Beach profiles above the water line at two locations that were surveyed by Cabrillo for the last 5 maintenance dredging cycles also show the same trend of beach accretion. Figure 8 presents the MSL positions at two survey stations (Sta. 25+80 N and Sta. 33+80 N). The monitored beach profiles at Middle Beach indicate that the beach bounded by two jetties is in a quasi-stable stage or a slightly eroding trend, as illustrated in Figures 9 and 10. At South Beach, the Cabrillo surveyed profiles show an advancing trend of the MSL position for the past I 0 years, as illustrated in Figure 11. However, the down coast beach segment at Transect CB- 0800 always exhibits a narrow beach condition due to its bulged shoreline configuration, as the 1 USACE-LAD, 1991. "Coast of California Storm and Tidal Waves Study-San Diego Region", Main Report, September 1991. 2 Coastal Frontiers Corporation, 2010. "2010 Regional Beach Monitoring Program, Annual Report", prepared for SANDAG NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page5of21 beach's sand storage capacity in this sub-segment is limited. Figure 12 presents the narrowness of the beach condition at Transect CB-0800, which is mostly narrower than 100 feet from the baseline. Table 3. Survey Transects Beach ID Transect ID Responsible Party Sta. 33+80N Cabrillo North Beach CB-0840 SANDAG Sta. 25+80N Cabrillo CB-0830 SANDAG CB-0820 SANDAG Middle Beach Sta. 38+00M Cabrillo Sta. 30+00M Cabrillo Sta. 22+00S Cabrillo South Beach Sta. 18+00S Cabrillo CB-0800. SANDAG Note: * located downcoast of South Beach Littoral Transport Waves propagate into the surf zone, break, and induce alongshore currents that move suspended sand toward upcoast or downcoast. The magnitude of alongshore sediment movement depends on the intensity of impinging waves and the approach direction that propagates toward the shore obliquely. Sediment is transported toward the southeast as a consequence of prevailing west swells during the winter months. The reverse transport occurs in the summer when southerly swells are the dominant wave pattern. The historical average of annual alongshore sediment transport alon~ the Carlsbad shoreline is 80% toward the southeast (downcoast) and 20% toward the northwest (upcoast) with the resultant net sediment transport being toward the southeast. The previously estimated annual net sediment transport rate is on the order of 270,0004 cy to 310,0003 cy. It should be noted that the estimated rate is the potential capacity of sediment movement, based on the energy flux released by impinging waves. It does not necessarily indicate the actual volume of alongshore transported sediment, which depends on the availability of sand volume on beaches. 3 Coastal Environments, 1999. "Study of Sediment Transport Conditions in the Vicinity of Agua Hedionda Lagoon", prepared for California Coastal Commission. 4 USACE_LAD, 1994. "Reconnaissance Report, Pacific Coast Shoreline, Carlsbad, San Diego County, California", Coastal Engineering Appendix, January 1994. NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 6of21 0 3.0 IMPACTS ON LITTORAL TRANSPORT AT NORTH BEACH Water Extraction at Power Station The Encina Power Station draws its cooling water from the Outer Basin of Agua Hedionda Lagoon and discharges the used water back to the Pacific Ocean through a separate discharge channel located downdrift of the lagoon entrance. As the power plant draws the lagoon water for cooling, flood tide velocities into the inlet entrance become stronger, thus moving littoral sand into the Outer Basin. Conversely, the outgoing sand movement during the ebb tide cycles is reduced since the extraction of sea water lessens the ability of the lagoon to fully drain during the ebb flow period. The ebb flow is, therefore, weaker and sand transported into the basin may not be effectively flushed out. Consequently, shoals develop within the Outer Basin, which requires routine maintenance dredging by Cabrillo. Figure I3 shows the average daily intake flow rate for the power plant operation in the past II years and the routine dredged sand volume from the Outer Basin. A general decreasing trend of water intake usage corresponding to the reduction of the dredged volume in the lagoon is illustrated in the figure. Updri(i Sand Availability The second factor that can impact the sedimentation within the Outer Basin is available sand at the updrift beach. As previously described, the storage capacity of sand material at North Beach is limited due to its geological makeup. Abundant sand available in the updrift shoreline region of the lagoon would result in more sand being transported downdrift to the lagoon entrance and moved into the lagoon during the flood tide cycles, which, in tum, increases the dredged volume for the following dredging cycle. Figure 14 presents the dredged volume of the routine maintenance dredging activity in the Outer Basin and the sand volume placed at North Beach. It appears that increase of the dredged volume within the Outer Basin is partially correlated to the high volume of sand disposed at North Beach. For example, the 1999 maintenance dredging placed the entire sediment of 202,000 cy at North Beach, a short distance upcoast of the lagoon. The sand volume of the subsequent dredging cycle in the 2000-2001 period is higher than any other recent dredging cycles, meaning that more sand was transported into the Outer Basin. The 2001 Regional Beach Sand Project placed 224,655 cy of imported sand at the North Carlsbad receiver site that is at least 4,400 feet updrift from the lagoon entrance. Therefore, its impact on the increase of sedimentation in the lagoon is not as prominent as the placement at North Beach. A time-delayed impact on the volume of sand being carried into the Outer Basin can perhaps occur. It is noted that the 2001 beach replenishment by SANDAG was in July 2001, which is at least 3 months after the lagoon's maintenance dredging activity. Wave Climate The annual volume of alongshore sand transport also depends on the wave climate observed in a particular year. More sediment would be potentially moved downcoast and results in more sand influx into the lagoon during a severe winter season with high wave energy flux and vice versa during a benign storm period. It is noted that a recent study was performed by the California NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 7of21 Climate Change Center5 to assess the likely alternation of winter wave conditions along the California coast due to greenhouse gas emissions and global warming in the future. It was concluded that the intensity of future storm events is expected to follow a slightly negative trend within southern California, as the mean cyclone track with a warmer climate tends to move further north toward the Oregon and Washington coast. 4.0 FORMULATION OF SEDIMENT PLACEMENT CRITERIA Based on the review of previous study reports, the beach monitoring program conducted by SANDAG and Cabrillo, and recent wave patterns recorded by the California Data Information System (CDIP), formulation of sediment placement at three separated beaches. was performed. Cross-Section Profiles o(Sand Placement Beach profiles surveyed by SANDAG and Cabrillo were used to estimate the approximate unit sand volumes per linear alongshore length for different fill widths (i.e., 50, 75 & 100 feet). Figures 15 to 17 respectively show the representative beach profiles surveyed prior to the sand placement and the intended fill section at North, Middle and South Beaches, while Table 4 presents the estimated unit volume for the respective fill widths. The front-shore slope can range from 10:1 to 15:1 (horizontal:vertical), a typical design slope for beach fill. It is expected that some form of scarp may develop immediately after the fill during the operation months from December to the following March. However, as the spring arrives, the low-height long waves will eventually reshape the front-shore slope into an equivalent configuration in accordance with the seasonal prevailing wave pattern. Table 4. Estimated Unit Volumes for Sand Placement Width of Beach Fill Requirement Sand Volume (cy/ft/lf) (ft) North Beach Middle Beach South Beach 50 0.38 0.51 0.37 75 0.45 0.53 0.39 100 0.48 0.54 0.41 Note: the estimates were based on a front-shore slope of 10 to 1. Percent o(Sand Disposal at Three Beaches Using the historical wave data, it was estimated3 that approximately 80% of the sand deposited inside the lagoon is extracted from the southeastward sand transport and 20% from 5 Cayan, D., et al., 2009. "Climate Change Scenarios and Sea Level Rise Estimates for the California 2009 Climate Change Scenarios Assessment", California Climate Change Center. NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 8of21 0 the northwestward sand transport. The reduction of northwestward sediment transport, as compared to the Oceanside shoreline segment, is due primarily to the presence of the Carlsbad Submarine Canyon, which alters local wave environment and lessens the updrift wave-driven sand movement. As required by the previous maintenance dredging permit from 2005 to 2010, 30% of dredged sand was placed at North Beach to enhance the recreational activity. However, the beach monitoring program2 indicates an advancing trend of beach conditions at North Beach for the past 10 years (see Figures 6, 7 and 8). On the contrary, a slightly retreating trend was observed at Middle Beach (see Figure 9). In light of this gradual shoreline trend at both beaches, it would be more beneficial for recreational activity to place more dredged sand at Middle Beach. As for North Beach, the current recreational benefit would be maintained by replenishing the 20% of the dredged sand volume, which would be transported from downdrift beaches if lagoon jetties do not exist to interrupt the updrift sand movement. Therefore, it is suggested that the percent of sand placement at North Beach be categorized into three scenarios of 20%, 25% and 30%, depending on the shoreline behavior in the future. As long as North Beach remains its current condition or continues advancing, placement of 20% of dredged sand volume at North Beach would be adequate to provide the same level of the present recreational benefit. The remaining 80% of dredged sand will be placed at Middle Beach & South Beach, which ultimately benefits beaches in the south Carlsbad shoreline segment. An action of 25% sand placement at North beach will be adopted if a shoreline retreating trend is observed during any dredging cycle. IfNorth Beach retreats for three consecutive cycles, 30% of dredged sand will be placed at North Beach. Table 5 summarizes the placement conditions for the three scenarios. The percent distribution for the remaining sand volume was estimated from the derived unit volume and the segmental length at Middle and South Beach. It would be approximated to be a 2 to 1 ratio for sand volume placed at Middle and South Beach, respectively (see Table 5). The continued beach monitoring program conducted by SANDAG, and the pre-and post-surveys executed by Cabrillo will provide future beach behavior at these three beaches. Thus, the action scenario of sand placement can be determined prior to each dredging cycle. Table 5. Percent of Sand Placement at North, Middle & South Beach Percent of Scenario Conditions Sand Placement North Middle South Beach Beach Beach I Shoreline advances or remains 20% 53.3% 26.7% unchanged II Shoreline begins to retreat 25% 50% 25% III Shoreline experiences three (3) 30% 46.7% 23.3% consecutive retreating cycles 0 NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 9 of21 Sequence o[Sand Placement Activity It is noted that the operational period of this routine maintenance dredging activity typically begins in the late December and completes before April 15 of the following year. The sequence of sand placement for the three beaches should depend on the footprint of sediment deposition in the Outer Basin and the typical waver pattern observed during this dredging activity period. It is preferable that the sand placement operation at North Beach be the last one in sequence (i.e., during the months of March and April) to minimize the placed sand at North Beach being quickly transported back to the inlet entrance during the prevailing west swell pattern that is typically observed in January and February. Figures 18 and 19 illustrate the observed wave patterns in 2010 and 2011, respectively. It can be seen that the wave pattern would gradually shift from the dominance of west swells in January to an increasing occurrence of southerly swells in March and April. Since southerly swells will result in the northwestward sand transport (i. e., toward the upcoast), sand placed at North Beach in the later months would remain at the disposal site longer, thus, maximizing the recreational benefit during the post-dredging period. On the other end, the electric dredger that is stationed at the Encina Power Station has been used to conduct the maintenance dredging task in the past. It is expected that use of this electric dredger will continue in the future. Due to dredger's pumping capacity, the distance to pump the sand slurry to the upcoast end of North Beach may be constrained. The sand deposition within the basin has gradually migrated from the inner region to the inlet area in recent years (see Figure1). The footprint ofthe sand deposition is formed in such a way that the dredging has to begin near the inner end of the shoal, thus lengthening the pumping distance to North Beach. Therefore, consideration should be made to alternate sand disposal between Middle Beach and North Beach, as the present shoaling pattern may restrict the preferable sequence of sand disposal due to the limitation of dredger's pumping distance. 5.0 FINDINGS AND RECOMMENDATIONS Based on our review of previous studies and the ongoing beach monitoring program, evaluation of shore processes, and assessment of past sand dredging and disposal activities, the following findings and recommendations are summarized below: );> The local alongshore sand transport within the project shoreline segment is comprised of approximately 80% from the southeastward (downcoast) sand transport and 20% from the northwestward (upcoast) sand transport with the net transport direction towards the southeast. );> The beach monitoring program commissioned by SANDAG and the pre-and post-dredging surveys conducted by Cabrillo for the past 10 years indicate a general trend of shoreline advance at North Beach (see Figures 6, 7 & 8), slight retreat at Middle Beach (see Figures 9 & 10) and marginal beach gain at South Beach (see Figure 11). However, the bulged shoreline segment near Transect CB-0800 that is located downcoast of South Beach shows little variation of beach conditions due to its coast setting. NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon April 6, 2012 Page 10 of21 ~ Annual variation in alongshore sand transport adjacent to the lagoon inlet is attributed to three factors: 1) the amount of water extraction from the Outer Basin, 2) the volume of sand disposal at North Beach and 3) wave climate in a particular year. More alongshore sand will be transported from the North Beach segment and possibly deposited in the lagoon if water extraction for plant's cooling system is increased (see Figure 13), more sand is disposed at North Beach (see Figure 14), or severe wave climate occurs in the winter months. ~ It is recommended that the percent distribution of sand disposed at North Beach for future lagoon maintenance dredging activity range from 20% to 30% in accordance with the beach conditions observed prior to the individually planned dredging cycle. Table 5 summarizes the designated disposal scenarios and associated beach conditions. The ratio distribution of sand placement at Middle and South Beach is suggested to be approximately 2 to 1 (Middle Beach to South Beach) for the remaining to-be-disposed sand volume. ~ The proposed fill beach profile extends the berm height seaward to a designated distance with a front-shore slope ranging from 10:1 to 15:1 (horizontal:vertical), based on the available sand dredged from the lagoon as illustrated in Figures 15 to 17. The estimated unit volume required for the sand placement of one cross-shore foot per linear alongshore foot is presented in Table 4. ~ The operational period of the maintenance dredging and sand disposal activity is typically from the late December to April of the following year. Depending on the shoaling pattern for each dredging cycle, it is preferable that the sand placement operation at North Beach be the last one in sequence, as the wave pattern shifts from west swells (downcoast sand transport) in January to more prevailing southerly swells (upcoast sand transport) in March and April (see Figures 18 and 19). However, due to the migration of the sand deposition from the inner region to the inlet area in recent years (see Figure 1 ), the dredging has to begin near the inner end of the formed shoal, thus lengthening the pumping distance to North Beach. Therefore, consideration should be made to alternate sand disposal between Middle Beach and North Beach, if necessary, as the present shoaling pattern may restrict the preferable sequence of sand disposal. ********************** It should be noted that our technical analysis relies on our extensive local knowledge within San Diego County. However, the formulation of the oceanographic conditions as well as the dynamics of shoreline changes resulting from the interaction of coastal processes is an inexact science, which has various degrees of uncertainty and unpredictability. Therefore, the findings and recommendations that were derived from this engineering analysis are primarily based in large measure on a high degree of professional judgment and opinion, which may be subject to different interpretations depending upon the reviewer and the degree of controversy that may surround the project. NOBLE CONSULTANTS, INC . Sand Disposal Cntena At Agua Hedtonda Lagoon Apri/6, 2012 Page 11 of21 We sincerely appreciate the continuing opportunity to provide engineering services to Cabrillo Power I LLC for the permit renewal process pertaining to the maintenance dredging at the Agua Hedionda Lagoon Outer Basin. Yours very truly, NOBLE CONSULTANTS, INC. Chia-Chi Lu, Ph.D., P.E., D. CE Manager, Coastal Engineering NOBLE CONS U LTANT S , INC . Sand D1sposat Cnteria At Agua Hed1onda Lagoon Apri/6, 2012 Page 12of21 Note: Aerial Photo from Google Earth 500,000 450,000 400,000 350,000 ~ 300,000 e 25o,ooo ~ g 200,000 150,000 100,000 50,000 Figure I. Site Map Historical Dred~in2 Activitv ,._ .. . Figure 2. Historical Dredging Record at Outer Basin NOBLE CONS U LTANTS, INC . Sand Disposal Criteria At Agua Hedionda Lagoon April 6, 2012 Page 13of21 20 18 i • 7ft Hs Threshold I a 10 n Hs Threshold 1 f-n l h_ 2 0 -l I l h_ 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Monitoring Year Source: Coastal Frontier Corporation, 20 1 02 Figure 3. Annual Storm events with Wave Heights Exceeding 7 and I 0 feet )( 160 150 ~140 c ">.130 "' ; 120 c w 110 ~ 3 100 90 80 - "\ \ _). """ ........... ,. /_ ~ A I .... _.-~ "J --......./ .. 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Monitoring Year Source: Coastal Frontier Corporation, 20 I 02 Figure 4. Relative Incident Energy Index at CDIP Oceanside Buoy from 1998 to 20 I 0 NO B LE CONSULTAN TS, I NC . Sand Dtsposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 14 of21 Figure 5. Survey Transects ofSANDAG and Cabrillo 220 ~-----------------------------------------------------. 200 ···-----··················-··········· . .Spri11g Profiles ~ 180 Ql :§ 160 Ql lQ 140 al E 120 0 ... .... 100 c: 0 :~ 80 ., ~ 60 -' ~ 40 20 0 -+ -CB-0840 -=:Trnear·(ca·:as3or· ···· · .... -.. ··tm-ecrr-te8'-'0840t· ---- 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Survey Year ~----------------------------- Figure 6. MSL Positions ofSANDAG Spring Profiles at North Beach NOBLE CONSULTANTS, INC. Sand Disposal Criteria At Agua Hedionda Lagoon Apn/6, 2012 Page 15of21 [ 220 200 g 180 ~ 160 Gi ~ 140 co E 120 £ c 100 0 ~ 80 "' ~ 60 . ···························-··-··-····-·····f~JLP.r:.Qfi!g$.. __________________________________________________ __ .. ~_c;;.a:Qa3.0 ................. . -• -CB-0840 ·· ····· · ·· ···--· .. -----·· ·· ·· ····--· ··· · --:::.::.:::::n riea n cs·:osJor·· ···· --------.t:ffieaF-~GB-()840+-···· ..... VI ~ 40 ···········································--···-··-·······-·······-··-·-.. .. ···········--····-··-···········-·-···· 20 ·······-···········-···············-·······-·····--·········-·--· --·-····· ................................... . 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Survey Year Figure 7. MSL Positions ofSANDAG Fall Profiles at North Beach 300 250 ~ ii ~ 200 "' Gl VI E 0 .:: 150 c 0 +' -• -N25+80 'iii 100 0 0.. ..... VI ~ so .................................................................................... ___._,...N33±8U ............. I--··· - - -Linear (N25+80) --Linear (N33+80) 0 0 0 ~ ,.. ~ ;&. ~ ~ ;&. \ ~ ~ ~ ;&. ~ ~ ~ ,.. ~ ~ ~ b l? '3-~ 0 ~ ~ ~ ~ ~ >? Survey Date Figure 8. MSL Positions of Cabrillo Surveyed Profiles at North Beach NOBLE CONSULTANTS, I NC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page16of21 240 220 -200 ~ Q.l 180 c "ii 160 "' Ill CD 140 E 0 .... 120 -c 100 0 .. ·;;; 80 0 Q. ~ 60 V'l ~ 40 20 CB-0820 ...... l .... \.. _________________________________________________________________________________________________________________________ _ I \ J\ ---,-------------'-•---------····----··-----··----···-----------·--···· ...... ---·····-.---···-.... ·······---···----·-·-·····-··-····-·-- \ I \ ~ ... -:.:-:-.. -=-~-=---~------~--.--L··;;.·;,;-:.:\::··-------~-----------·---------------------·--·--·······--·-··---··········;,;;· I '--7 --\.-----.... ----JfJ --r ---_\.._________________ --·--------· ---·--···--·'-··-·---...,.-11!--______ , __________ .7-::-.::.:::.,... . .. -...... ~all---·-···---···--·----··--·- ... ::::!::.~P.~!~~---·--·--······ ··----·-· - - -linear (Fall ) ····=ttrrear(Spring)··-····----- 0 +----.---,----,---,----.---.----.---,---~--~----.----.---,--~ 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Survey Year Figure 9. MSL Positions of SANDAG Surveyed Profiles at Middle Beach 350 ~----------------------~==============~----------, 300 g =iij 250 ~ Ill Q.l V'l 200 E E .... g 150 .. "iii ~ 100 ~ V'l ~ so 0 -• ·M30+00 ----..--M-38+{)(}.----------------------------·--····--········ - -·Li near (M30+00) ·-···--------------·····---------·--·---·--·---··--·-···---·--------------------------------------·--·····-·······-J ---·-····--·-·-· ,' ' I ', ~-~------------,------~-~~-~_:;;-2--~-------------··· ·--~-----:;:-.,..--J!'..., ......................... 7 .. ~ ~ ~ ~ '% 0 ~ ~ ~ 0 ~ .... :t. .... :t. ~ :t. .... ~ .... 0 ~ ..... ~ ~ ~ ~ 0 ~ ~ ~ ~ v> l7 y> Survey Date Figure 10. MSL Positions of Cabrillo Surveyed Profiles at Middle Beach NOBLE CONSU L TANTS, I NC. Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 17 of 21 350 300 -----------........ --··· -·--------------------------------------------------------------------.---·---.. ------.. ··-· ·----....... ··-··---- iV ~250 Cll Vl g2oo ... -c .g 150 "iii 0 ~100 Vl :E so 0 -------t:'--::"::-:.....-::":--~--='='---=--::-:s1~-s::-::+::-:o~o--==---::"::--::":--~--='='---::"::--:"1.---------················-···-·······-·-·-··············-----···--------·----·------··---- -+-s22+oo - - -Linear (518+00) ~ 'to ~ 'to % 0 ~ 'to ~ 0 ~ :.:. " :.:. " ~ :.:. ~ 0 ~ 0 ? ~ b l7 ~ ~ Survey Date ~ ~ ~ ~ ~ Figure II. MSL Positions ofCabrillo Surveyed Profiles at South Beach 240 220 CB-0800 :E. 200 Cll .5 Qj Ill IV a:l E 0 ... -c 0 ... "iii 0 a. .... Vl :E 180 ····-·-•• ------••••••••••••••••••••••••• ----·· •••••••••••••••• ···--···-··· •••• •• ••• • • • • ...... •· "-F.au •••.• ----·· •• ··--. • •••• --•••.• 160 ~Spring ·-·-····--·--·-----------------------------------····-··----------------·-··--------------=-=-=--L"(nearTi=afiY ____ _ 140 -----------------·---------------------------------·-----·-···-·---·-------------------=-Linear(Springr·- 120 100 80 60 40 20 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Survey Year Figure 12. MSL Positions of SANDAG Surveyed Profiles Downcoast of South Beach NOBLE CONS U LTANTS, I NC . Sand Disposal Cntena At Agua Hedionda Lagoon Apri/6, 2012 Page 18of21 700 ..-----------------------------. 400000 600 -,:, E5oo ~ ~400 ~ ~300 Cll tiO !11 ····-·······-··························-------······················· • ······•············· ~Average Daily Flow ~200 ~ ............ ... ---............................................................ .. .,._Dredged Sand Volume 100 0 +--~-~--r--~-~----~-~--r-~---+ 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Year 500,000 450,000 400,000 350,000 ~ 300,000 e 25o,ooo :I 0 200,000 > 150,000 100,000 50,000 Figure 13. Average Daily Intake Flow Rate ~ ~ ~c:s "' Year 350000 300000 -> ~ 25oooo e :I 200000 ~ -,:, 150000 ~ Cll 100000 ° 50000 0 Figure 14. Sand Volu mes of Lagoon Dredging and Disposal at North Beach NOBLE CONSULTANTS, I NC . Sand Disposal Cnteria At Agua Hedionda Lagoon Apn/6, 2012 Page 19 of21 16 14 12 ~10 _. ~ 8 -=' 6 c 0 ·;; 4 ~ ~ 2 0 -2 -4 0 16 14 12 ~10 _. ~ 8 ~ 6 c 0 ·;; 4 "' > Ql 2 ii:i 0 -2 -4 0 ----·--· -----...... ------------------............. oct-10----- -so-ftfill --iF=-75-ff""""""" . ~.lOO=ft fill. 100 200 300 400 Distance from Baseline (ft) Figure 15. Sand Placement Profiles at North Beach so 100 150 200 250 300 Distrance from Baseline (ft) Figure 16. Sand Placement Profiles at Middle Beach NOBLE CONSULTANTS , INC . Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 20of21 18 16 14 ~ 12 ~ 10 ~ 8 c 6 0 . ., Ill > 4 Q.l 2 w 0 -2 -4 0 100 _ .::+::-Pr.~-2r~Q.g_EL. ___ ::!t=_~Q:ftfl~---···-· ... ~Z?.:h_fll) _______ _ ~100-ft fill 200 300 400 Distrance from Baseline (ft) 500 Figure 17. Sand Placement Profiles at South Beach SW~of~Ool$ . »>....,.-.,, ,_ftOol$ . »>-·»>-w..-. Rose .. .. .......... -·--· .. ft--*1 .. 1 ~ " " ,., .. . . .. ... . .. ,. ~· .. ~/' .. " .. .. u ... .. " ~·· .. ... .. .. ~-== -. .. "' ... ... .. . .. ••flcMtw-N...-. .... -··--·....,•MtllfttiM ... , , . . . ' . . .. .. , , . . ' . . .. .. Stollon 005 201 1)11:).101 -2'010Anll1 Stotlon 005 10101'04101 ·1010f0M'\ W•v• Rose .. .. Records 1474 WINe Rose wo . . fttcofd• 1'11 -~ -· .. -· .. .... .. ,. ... -. ~r .. ;I .. .. .. ... .. ". .. ~· -· .. ~· .. .. :::::: ::--.. ---... ., . . ... •• lcMII....._ ... ..,., ... -... .._,.....,.. ........... -. ' , . . . . . " ' ' . . . . .. . Figure 18. Wave Roses from January to April in 2010 NOBL E CON SU L T AN TS, I NC . Sand Disposal Criteria At Agua Hedionda Lagoon Apri/6, 2012 Page 21 of21 Sbllion 045 Wave Rose ... .... ... -· --- . .... 'l!. .. ... -•• lc.MIWW•H .. t..., ~"~ ' • . • • . W.VeRo.se ... .. ... ... .... . 11 ... ... ... -t-oH .... t""' ... I . • ' . I • 20111011111 · 2011/QIIll ... R-dt.:IJTI .. .. .. u o ... ... .. "" .. ::.--.. "'' ' • . • " 201110311t1 • 20111031ll ... ~s;ICU .. .. .. ... ... ... .. "" .. ::---._.. .. .. ' I • .. .. Sbltion 045 • 2011/Q2101 . 2011mJUJ W-.v• ROM ... .. -do 1472 ... .. .., .. ... .. 'i' ... '" . .. .... .. ,.,, . . -.. .. ... -... . .. ........ -" ....... - • . ' • . • • ' • • • .. Station 045 • 2011/Q4101 • 2011JMIOI WoveRoae -· .. --:1416 Q -· .. ' ... ~, -.. .. .. N" .. ... .. :.---... ... -· •.. ·~~~~-·-" .... '""' ... • . ' • . • • l I • .. " Figure 19. Wave Ro ses from January to April in 20 II CABRILLO POWER I LLC October 14,2011 Ms. Pam Drew Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Floodplain Special Use Permit Extension Request Application, SUP 06-10 Dear Ms. Drew, Encina Power Station 4600 Carlsbad Boulevard carlsbad, CA 92008-4301 Main: (760) 268-4000 Fax: (760) 268-4026 Enclosed is the Floodplain Special Use Permit Extension Request Application for Special Use Pem1it (SUP) 06-10. The SUP is for the Agua Hedionda Lagoon Outer Basin Maintenance Dredging as administered by Encina Power Station, Cabrillo Power I LLC. Also included is a fee payment of$1,575.00. Please inform Cabrillo Power I LLC as soon as possible when this request has been approved. Should you have any questions regarding the enclosed you may contact Ms. Sheila Henika, P.E. at (760) 268-4018 or sheila.henika@cabrillopower.com. Sincerely, Eric Gavala Vice-President Cabrillo Power I LLC cc: Encina File OUTER AGUA HEDIONDA LAGOON 2006/2007 DREDGE CYCLE BEACH MANAGEMENT PLAN CARRILLO POWER I LLC ENCINA POWER STATION CITY OF CARLSBAD, CALIFORNIA FLOODPLAIN SPECIAL USE PERMIT 6-10 December 15, 2006 Sheila Henika, P.E. CabrUio Power I LLC Encina Power Station 4600 Carlsbad Blvd. Carlsbad, CA 92008 Cabrillo Power I LLC INTRODUCTION Agua Hedionda Lagoon (AHL) system was originally dredged in 1954 by San Diego Gas and Electric (SDG&E) to provide a cooling water source for the Encina Power Station (EPS). This lagoon is divided into three sections: inner, middle, and outer. The inner lagoon is that portion bordered on the east by the Agua Hedionda Creek and on the west by Interstate 5. The middle lagoon is that portion bordered on the east by Interstate 5 and on the west by the North County Transit District railroad bridge. The outer lagoon is that portion bordered on the east by the railroad bridge and on the west by Carlsbad Boulevard, Highway 101. The inlet to the outer AHL is constructed of a rip-rap jetty channel extending into the Pacific Ocean. The channel flows under a bridge on Carlsbad Boulevard at the north shore of the outer AHL. In order to maintain design cooling water flowrates, the outer AHL requires periodic maintenance dredging. The City of Carlsbad {C of C) Special Use Permit (SUP) 6-10 provides for dreding up to 500,000 cubic yards of outer AHL bottom within the dredge limits. The dredge spoils will then be deposited at three C of C beach locations: North, Middle, and South. This plan is intended to address the conditions specified in the C ofC SUP as requiring further delineation by Cabrillo Power I LLC (Cabrillo), the current owner of the AHL. CONDITIONS OF SUP 6-10 Special Condition 13a -Project Description Project Description Cabrillo seeks to initiate dredging of the outer AHL as described. • Dredge spoils of up to 500,000 cubic yards in any single event (dredge cycle within the existing dredge limits) removed from the outer basin of AHL • Placement of dredged sand on the North, Middle, and South Carlsbad Beaches adjacent to the AHL Outer lagoon dredging completed in April 2005 resulted in the removal of 348,151 cubic yards of sand. This sand was placed on adjacent beaches, with 30% of the sand volume placed North ofthe Lagoon mouth (backpassed) as required by permit conditions {California Coastal Commission and City of Carlsbad). The current cycle is anticipated to be similar to the 2004/2005 cycle. Dredging of the outer Agua Hedionda Lagoon will be performed using a dredging huJI (barge) with a length of sixty-six ( 66) feet and a width of twenty-two (22) feet. The dredge hull has a draft of five (5) feet of water. The dredge uses a 4,160 volt a.c. power source that powers a 900 hp electrical main pump. Power to the dredge extends from an existing transformer, using a moveable submersible cable. The dredge hull is equipped with a forty (40) foot ladder with trunnions located on the bow of the hull. The entire length of the ladder from trunnions to the back ofthe cutter head is approximately forty-four (44) feet. The dredge pump is classified as 16"x16"x39". The maximum flow through the cutting head and dredge pump is 13,500 gpm with a 20% solids by weight slurry. Average flow is approximately 12,000 gpm. The average yardage of spoil (slurry) dredged per hour is approximately 500 cubic yards. 2 of5 C ofC SUP 06-10 Cabrillo Power I LLC The sediment will be removed from the lagoon bottom within the defined dredge limit area, as established by the current U.S. Army Corps ofEngineers Permit No. 200100328-SK.B. Consistent with the C of C SUP 06-10, dredged material is proposed to be placed as follows: 30% on the beach north of the jetty to Oak Avenue, and approximately 70% will be divided between the Middle and South Beaches. Beach deposition schedule from the 2004/2005 dredge event was as below. The current cycle is anticipated to be similar to the 2004/2005 cycle. Beach Location Deposition Began Deposition Ended South 3 Jan 05 24 Jan 05 Middle 25 Jan 05 8 Mar OS North 9 Mar05 28 Mar OS Dredging operation will begin on January 3, 2007 and conclude no later than Apri114, 2007. Anticipated working schedule is to be during daylight hours, Monday through Friday. Should unusual storm events occur during the dredge activity, additional sand may be brought in to the outer AHL that would require removal. This additional removal may require work to be conducted during daylight hours on Saturday. Cabrillo does not anticipate working evenings or Sundays. This dredge cycle activity is being overseen by Ms. Sheila Henika, P.E. Her contact information is below. Sheila Henika, P .E. Encina Power Station 4600 Carlsbad Boulevard Carlsbad, CA 92008 (760) 268-4018 voice (760) 535-2705 cell (24 hour response) (760) 268-4026 fax shei Ia. heni ka(ii)cabri llopower.com Should emergency response be necessary for the dredge activity, you may contact Ms. Henika, or fo1low the Hazardous Materials Business Plan Emergency Notification as provided to the San Diego County of Environmental Health and the Carlsbad Fire Department. Namely, contact the Main Encina Power Station Control Room at (760) 268-4062 or the Shift Supervisor at (760) 268- 4079. Special Condition 13b -Sand Deposition Plan The dredged material (slurry) would be pumped through a floating 20-inch diameter pipeline. For delivery of dredged material to the North, the pipe would run under the Carlsbad Boulevard Bridge and would connect to above ground, temporary pipes which would be placed along the beach. For South disposal, the pipe would float on the outer lagoon and connect to existing underground piping under Carlsbad Boulevard. The pipes would be extended along the surface of Carlsbad State Beach to reach the south side of the EPS discharge jetty. The same existing underground piping will be used to connect to Middle. 3 of5 C ofC SUP 06-10 Cabrillo Power I LLC Temporary dikes and berms would be used to de-water the slurry aligned to best retain material. These berms are also used to insure shoreline ocean turbidity does not exceed the limit of the San Diego Regional Water Quality Control Board General National Pollution Discharge Elimination System General Permit for Maintenance Dredge/Fill Projects Conducted in Navigable Waters within the San Diego Region 96-32. This turbidity is continually monitored during discharge by operating personnel. Front-end loaders would then be used to spread the sand on the beach. This equipment will compact the sand to in situ volume via heavy equipment wheel rolling and back dragging of the front-end loader bucket. Equipment and material staging would occur on the North and West shores of the outer lagoon along the shore. Slurry flow would be directed according to the existing beach profile requirements, typically parallel to the shoreline. Equipment listing: 1. Sixteen inch hydraulic dredge as described above 2. Slurry discharge piping, floating steel within the AHL and poly sections along the shoreline 3. Rubber tired loaders -one full time, second as needed 4. Pickup truck, 4 wheel drive, for support on the shoreline and public roadways Special Condition 13c -Interim Pedestrian Control Cabrillo regards safety of the public and personnel foremost over all other tasks. Portable signage is used at each discharge location to inform pedestrians of current work. An example of this signage is included in Exhibit A. This signage is moved as the deposition location is moved. No forms of public access to the shoreline are blocked during sand deposition. When discharging to South Beach, the piping is placed through an opening in the BPS discharge channel fencing to ensure pedestrian safety. At no time is piping placed on the pedestrian sidewalks along Carlsbad Boulevard. The pickup truck is used to support the operation which at no time interferes with pedestrian flow as the shoreline and public roadways are used. Cabrillo intends to conduct relocation operations during low pedestrian traffic times as much as possible. Cabrillo intends to intermittently stage project personnel to properly answer any questions the public may have on the process. CONCLUSION Cabrillo appreciates the opportunity granted by the City of Carlsbad to conduct maintenance dredging of the outer Agua Hedionda Lagoon. Cabrillo fully intends to comply with all conditions of the Special Use Permit 6-10 and other agency permits. 4 ofS C ofC SUP 06-10 October 25, 2006 Cabrillo Power I LLC 4600 Carlsbad Blvd Carlsbad CA 92008 0 Cit of PLANNING COMMISSION NOTICE OF DECISION SUBJECT: SUP 06-10-AGUA HEDIONDA OUTER LAGOON MAINTENANCE At the Planning Commission meeting of October 18, 2006, your application was considered. The Commission voted 7-0 to APPROVE your request. The decision of the Planning Commission became final on October 28, 2006. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Assistant Planning Director, Don Neu, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. DONNEU Assistant Planning Director DN:PD:aw Enclosed: Planning Commission Resolution No. 6181 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ August 30, 2006 Sheila Henika, P.E. Cabrillo Power I, LLC 4600 Carlsbad Blvd. Carlsbad, CA 92008 0 City of 0 Carlsbad I Q 61 II II I ;t. I •l§ .fEI a I iii§ II I SUBJECT: SUP 06-10-AGUA HEDIONDA OUTER LAGOON MAINTENANCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Special Use Permit, application no. SUP 06-10, as to its completeness for processing. The items requested from you earlier to make your Special Use Permit, application no. SUP 06- 1 0 complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Pam Drew, at (760) 602-4644, or your staff engineer, Steve Jantz, at (760) 602-2738, if you have any questions or wish to set up a meeting to discuss the application. s[~ DON NEU Assistant Planning Director DN:PD:bd c: Chris DeCerbo, Team Leader Steve Jantz, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SUP 06-10 -AGUA HEDICDA OUTER LAGOON MAINTENANC? August 30, 2006 Page 2 . I-LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: None Engineering: None ISSUES OF CONCERN Planning: 1. Per staffs previous conversations and meetings with you to discuss the previously approved maintenance access road (SUP 92-04), which was conditioned (see below) to be used as a public access trail along the lagoon as a condition of approval for the construction of HUBBS Sea World Research Institute (COP 6-93-113 issued by the CCC April1994) and the previous dredging permit (SUP 01-02 issued by the City of Carlsbad May 2001 ), has not been completed to date. The trail improvements and sign age shall be started prior to the October 18, 2006 Planning Commission meeting. A bond in the amount required to complete the trail improvements will be required if the trail is not completed by the PC meeting date. If the trail is not completed, or a bond posted prior to the hearing date, then the item will not be heard at the October 18, 2006 PC meeting and will be rescheduled when the trail is completed. Trail improvements and signage shall be consistent with the concepts illustrated in the "Open Space and Conservation Resource Management Plan," dated June 1992 and consistent with the Public Access Plan dated March 24, 1994 and revised April 20, 1995 and submitted by HUBBS Sea World during their application for CUP 92-10. The trail improvements and signage shall be approved by the Planning Director and may be subject to additionai.CEQA review. Engineering: None 0 Cit M CtJQ d <& bs J IJl; of Carlsbad --------~------~~~~ August24, 2006 Sheila Henika, P.E. Cabrillo Power I, LLC 4600 Carlsbad Blvd. Carlsbad, CA 92008 SUBJECT: SUP 06-10-AGUA HEDIONDA OUTER LAGOON MAINTENANCE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Special Use Permit, application no. SUP 06-10, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, July 24, 2006, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. Please contact your staff planner, Pam Drew, at (760) 602-4644, or your staff engineer, Steve Jantz, at (760) 602-2738, if you have any questions or wish to set up a meeting to discuss the application. rr:ly~ DON NEU Assistant Planning Director DN:PD:bd c: Chris DeCerbo,Team Leader Steve Jantz, Project Engineer File Copy Data Entry 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us .~ ~ SUP 06-10 -AGUA HEDIC~A OUTER LAGOON MAINTENANC~ August24, 2006 Page 2 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION Planning: 1. Please submit the following items to make your application complete: a) Site Plan (2) copies 24" x 36" and a reduced 8 Y2" x 11" set b) Constraints map c) Early public notice package d) Current title report (within last 6 months) Engineering: None ISSUES OF CONCERN Planning: 1. Per staffs previous conversations and meetings with you to discuss the previously approved maintenance access road (SUP 92-04), which was previously conditioned to be used as a public access trail along the lagoon as a condition of approval for the construction of HUBBS Sea World Research Institute (COP 6-93-113 issued by the CCC April1994) and the previous dredging permit (SUP 01-02 issued by the City of Carlsbad May 2001), has not been completed to date. The trail improvements and signage shall be started prior to the October 18, 2006 Planning Commission meeting. A bond in the amount required to complete the trail improvements will be required if the trail is not completed by the PC meeting date. If the trail is not completed, or a bond posted prior to the hearing date, then the item will not be heard at the October 18, 2006 PC meeting and will be rescheduled when the trail is completed. Trail improvements and signage shall be consistent with the concepts illustrated in the "Open Space and Conservation Resource Management Plan," dated June 1992 and consistent with the Public Access Plan dated March 24, 1994 and revised April 20, 1995 and submitted by HUBBS Sea World during their application for CUP 92-10. The trail improvements and signage shall be approved by the Planning Director and may be subject to additional CEQA review. Engineering: None SLt..P of.o·-\0 FtLE Copy City of Carlsbad •:mn•t•'·''·'•m•a"~'''*'dlh'~• January 3; 2007 Sheila Henika, P.E. NRG Cabrillo Power Operations Inc. Encina Power Station 4600 Carlsbad Boulevard Carlsbad, CA 92008 AGUA HEDIONDA LAGOON MAINTENANCE DREDGING On September 12, 200~ the Carlsbad Beach Preservation Committee (BPC) considered a proposal from NRG Cabrtllo Power Operations for the 2006/07 maintenance dredging program to the outer basin of the Agua Hedionda Lagoon. In accordance with the provisions of SUP 06-10, the BPC considered the project and forwarded a recommendation to the City Engineer to approve the maintenance dredging proposal of up to 500,000 cubic yards of sand from the outer lagoon basin and place the material on south, middle and north beaches. This letter shall serve as notice of my concurrence with the recommendation of the BPC and the elements of the dredging program outlined in the "Outer Agua Hedionda Lagoon 2006-2007 Dredge Cycle Beach Management Plan" dated December 15, 2006. If you have any questions, please feel free to contact Associate Engineer Steven Jantz at (760) 602-2738. \2k.-t-'l-~~ ,f. ROBERT T. JOHNSON, JR., P.E. Acting City Engineer Attachment c: City Manager Beach Preservation Committee Associate Engineer Steven Jantz 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • {760) 602-2720 • FAX (760) 602-8562 @ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CALIF0&1\ITA COASTAL COMMISSION 725 Front Street, Suite 300 Santa Cruz, CA 95060-4508 (Legal Division) STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation Pursuant to Government Code §27383 CDP 6-93-113 Hubbs Sea World THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAY 03. 2007 DOCUMENT NUMBER 2007-0303186 GREGORY J SMITH. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME 11 :23 AM CERTIFICATE OF ACCEPT Al'\fCE This is to certify that the interest in real property conveyed by the Offer to Dedicate Public Access Easement and Declaration of Restrictions dated June 30, 1994, executed by San Diego Gas & Electric Company, a corporation, and recorded on July 1, 1994 as Instrument Number 1994- 0418867, Pages 309-362, is hereby accepted by the Agua Hedionda Lagoon Foundation, a private association, on the date of recording, pursuant to authority conferred by resolution of the Agua Hedionda Lagoon Foundation adopted on December 13, 2006, and the grantee consents to recordatiR~!,~s duly authorized officer. STATE OF CALIFORNIA COUNTY OF SAN DIEGO AGUA HEDIONDA LAGOON FOUNDATION By: ~M~ Eric Munoz, President On 3 ·~ ~6 b fi -/ _ __,__...;;..;;:;;--__;;__.__-='---"'---'---' e ore me, <--~. , a Notary Pub i personally appeared o "l..-1 ersonally known to me (or proved to me on the basis ofs isfactory evidence) to be the person whose name(~/are subscribed to the within instrument and acknowledged to me th~/she/they executed the same in ~!her/their authorized capacity(ies), and that by@her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~9{~ NOTARY PUBLIC (_) COA-2 12/1/02 THIS CERTIFICATE OF ACKNOWLEDGMENT acknowledges and certifies the acceptance by the Agua Hedionda Lagoon Foundation, a private nonprofit corporation, of an Offer to Dedicate Public Access Easement and Declaration ofRestrictions dated June 30, 1994, executed by San Diego Gas & Electric Company, a corporation, and recorded on July 1, 1994 as Instrument Number 1994-0418867, Pages 309-362, of the Official Records of San Diego County (hereinafter the "Offer to Dedicate"), and sets forth conditions of that acceptance with respect to the management and future disposition of the dedicated public access easement. It is the intention of the California Coastal Commission (hereinafter the "Commission") and the Agua Hedionda Lagoon Foundation to ensure that the purposes, terms and conditions of the Offer to Dedicate be carried out within a framework established by and among the Commission, the Agua Hedionda Lagoon Foundation and the State Coastal Conservancy (hereinafter the "Conservancy") in order to implement the Commission's Coastal Access Program pursuant to the California Coastal Act of 1976, Public Resources Code Sections 30000 et seq. (hereinafter the "Coastal Act"). I. WHEREAS, the Commission is an agency of the State of California established pursuant to Public Resources Code Section 30300 and is charged with primary responsibility for implementing and enforcing the Coastal Act; and II. WHEREAS, the Conservancy is an agency of the State of California existing under Division 21 of the California Public Resources Code, which serves as a repository for interests in land whose reservation is required to meet the policies and objectives of the Coastal Act or a certified local coastal plan or program; and III. WHEREAS, the Agua Hedionda Lagoon Foundation is a private nonprofit corporation existing under Section 50l(c)(3) of the United States Internal Revenue Code and having among its 2 COA-2 12/1102 0 principal charitable purposes the preservation ofland for public access, recreation, scenic and open space purposes; and IV. WHEREAS, as a condition to its approval of Coastal Development Permit Number 6-93-113, the Commission required recordation ofthe Offer to Dedicate pursuant to Sections 30210- 30212 ofthe Coastal Act; and V. WHEREAS, the terms and conditions of the Offer to Dedicate provide, among other things, that: (A) Grantor shall not interfere with the public's use of the easement nor take any action inconsistent with such use, including, without limitation, constructing or improving the Property within the easement area in a manner inconsistent with the public's use or enjoyment thereof, except as described in (D) and (E) below. Grantor shall not be bound to undertake any supervision or maintenance to provide for public purposes hereunder; (B) Grantee, its successors, agents or contractors, shall be responsible for any damage to Grantor's existing facilities occasioned by or arising from the construction, operation or maintenance of Grantee's facilities within said Grantor's property; (C) Grantee covenants for itself, its successors, agents or contractors that all work in connection with the installation of Grantee's facilities and appurtenances shall be done in a workmanli~e manner and in accordance with standard engineering practices; · (D) Grantor reserves the right to temporarily close public access to any portion and/or all of the above described easement from January 1 through April 30 of each year to perform dredging operations; however, during such four-month period Grantor shall not close public access to perform dredging for more than a total of 45 days. In addition, in the event of an 3 COA-2 12/1/02 0 emergency involving the potential loss of property or injury to the public, Grantor reserves the right to temporarily close public access to resolve the emergency; (E) So long as it is not inconsistent with this easement, Grantor reserves unto itself its successors and assigns, the right to use the subsurface, surface and airspace thereover, of the hereinabove described easement and right of way, for the installation of such facilities as it shall now or in the future deem necessary; (F) G~antee shall at all times indemnify and hold Grantor and its officers, employees, agents and successors, harmless from any and all demands, claims, suits, costs of defense, including witness fees and attorney's fees, liability, loss, costs, obligations or other expenses for damage to property or for injury to or death of any persons in any manner arising from: (i) Grantee's use, maintenance, presence on or occupation of the easement; (ii) The use or occupation ofthe easement by Grantee's licensees; (iii) The presence of Grantee's facilities upon the easement; or (iv) Any act or omission of Grantee, its employees, agents; licensees, contractors or independent contractors; (G) This Offer to Dedicate may be accepted by any agency of the State of California, a political subdivision. or a private association acceptable to the Executive Director of the Commission; (H) Upon such recordation of the acceptance, this Offer to Dedicate and its terms, conditions, and restrictions have the effect of a grant of a access easement that shall run with the land and be binding on the assigns and successors of the Grantor; and (I) Acceptance of the Offer to Dedicate is subject to a covenant which runs with the land, providing that the Grantee may not abandon the easement until such time as Grantee effectively COA-2 12/l/02 transfers said easement to an entity which qualifies as a Grantee under the criteria hereinabove stated. VI. WHEREAS, the Agua Hedionda Lagoon Foundation desires to accept the Offer to Dedicate and accordingly has requested that the Executive Director of the Commission approve it as an acceptable management agency; and VII. WHEREAS, the Agua Hedionda Lagoon Foundation is acceptable to the Executive Director of the Commission to be Grantee under the Offer to Dedicate provided that the public access easement will be transferred to another qualified entity or to the Conservancy in the event that the Agua Hedionda Lagoon Foundation ceases to exist or is otherwise unable to carry out its responsibilities as Grantee, as set forth in a management plan approved by the Executive Director of the Commission; NOW, THEREFORE, this is to certify that the Agua Hedionda Lagoon Foundation is a private nonprofit corporation acceptable to the Executive Director of the Commission to be Grantee under the Offer to Dedicate, on the condition that should the Agua Hedionda Lagoon Foundation cease to exist or fail to carry out its responsibilities as Grantee to manage the public access easement for the purpose of allowing public bike and pedestrian access along the shoreline, then all of the right, title and interest of the Agua Hedionda Lagoon Foundation in the public access easement shall vest in the Stare of California, acting by and through the Conservancy or its successor, upon acceptance thereof; provided. however, that the State, acting through the Executive Officer of the Conservancy or its successor agency, may designate another public agency or private association acceptable to the Executive Director of the Commission. in which case vesting shall be in that agency or organization rather than the State. The responsibilities of the Agua Hedionda Lagoon Foundation to manage the public access easement shall be those set forth in the Management Plan dated April23, 2007 and maintained in the offices of the Commission and the Conservancy (and as the Management Plan may be amended from time to time 5 COA·2 12/1/02 with the written concurrence of the Executive Director of the Commission, the Executive Officer of the Conservancy, and the Agua Hedionda Lagoon Foundation). Notwithstanding the foregoing, the right, title and interest of the Agua Hedionda Lagoon Foundation in the public access easement may not vest in the Conservancy or another entity except upon (1) a finding by the Conservancy, made at a noticed public hearing, that the Agua Hedionda Lagoon Foundation has ceased to exist or failed to carry out its responsibilities as set forth in the Management Plan; and (2) recordation by the State or another designated agency or entity of a Certificate of Acceptance, substantially in the form set forth in California Government Code §27281. Nothing therein shall prevent the Agua Hedionda Lagoon Foundation from transferring the public access easement to a qualified entity pursuant to the Offer to Dedicate, thereby relieving itself of the obligation to manage the public access easement in accordance with the Management Plan. IN WITNESS WHEREOF, the Commission and the Agua Hedionda Lagoon Foundation have executed this CERTIFICATE OF ACKNOWLEDGMENT OF ACCEPTANCE OF OFFER TO DEDICATE PUBLIC ACCESS EASEMENT AJ.~D DECLARATION OF RESTRICTIONS as ofthe dates set forth below. A r Dated: 2] f-<\?r. 0]: CALIFORNIA COASTAL COMMISSION 6 AGUA HEDIONDA LAGOON FOUNDATION By: E~h~~ Eric Munoz, President COA-2 12/1102 STATE OF CALIFORNIA COUNTY OF SA.i'T FRANCISCO on~\u(o~ ~. before me, Jeff''Staben, a Notary Public, personally appeared John Bowers, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signarure~ cfL ~. JEFF G. STABEN < • Comm. # 144964 7 {I) • NOTARY PUBLIC· CALIFORNIA {/) ~ City and County of San Francisco • • _ l.ly Comm. Expires Dec. 3, 2DD7 "'' STATE OF CALIFORNIA COUNTY OF SA.i"\J" DIEGO On~ Cu. 3~o'l, before me,~-< <-~-=t(-J~ a Notary Public, personally -= J . appeared Eric Munoz, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s):.i,S/llre subscribed to the within instrument and acknowledged to me that ~she/they executed the same in~er/their authorized capacity(ies), and that by Clll_Sther/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ············( 7 COA-2 12/1/02 c ~ Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt@ctt.com & ken.cyr@ctt.com Phone: (619) 521-3553 & (619) 521-3555 Fax: (619) 521-3608 Order No.: 930023407-U50 Customer: Encina Power Station Attn: Sheila Henika Email: Sheila.henika@cabrillopower.com Phone: (760) 268-4018 Reference No.: P2 SUP 06-10 PRELIMINARY REPORT Property Address: 4600 Carlsbad Boulevard, Carlsbad, CA Dated as of: October 6, 2011 at 7:30am In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy( s) of title insurance to be issued hereunder will be policy( s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all Jiens, defects, and encumbrances affecting title to the land. CALIFORNIA L D TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form-odified (11-17-06) Page 1 ........, '·-' Order No.: 930023407-USO SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee as to Parcel 2, 3 4 & 9; An Easement as to ParcellO 2. Title to said estate or interest at the date hereof is vested in: Cabrillo Power I LLC, a Delaware limited liability company 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form-Modified (11-17-06) Page2 . Order No.: 930023407-USO LEGAL DESCRIPTION PARCEL 2: (APN 206-070-17) THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTffiON MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 14621, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1994 AS INSTRUMENT NO. 1994-500086, SAID CORER BEING ON THE WESTERLY LINE OF THE RIGHT OF WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE AND EASTERLY LINE OF SAID RECORD OF SURVEY 14621 SOUTH 28°40' 19" EAST 656.70 FEET TO THE MOST SOUTHERLY CORNER OF SAID RECORD OF SURVEY NO. 14621; THENCE ALONG THE SOUTHWESTERLY LINE THEREOF NORTH 76°09'49" wEST, 931.75 FEET; THENCE NORTH 30°11'52" WEST", 237.60 FEET TO AN ANGLE POINT IN SAID SOUTHWESTERLY LINE; THENCE SOUTH 77°27' 18" EAST 134.00 FEET TO AN ANGLE POINT IN THE :NORTHEASTERLY LINE OF SAID RECORD OF SURVEY NO. 14621; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 72°58'27" EAST, 604.85 FEET TO THE POINT OF BEGINNING. PARCEL 3: (APN 210-010-26 & A PORTION OF 210-010-43) THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, ]]\T THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF. THE EASTERLY LINE OF THE 100~00 FOOT WIDE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD WITH THE NORTHERLY LINE OF CANNON ROAD (60.00 FEET ' WIDE); THENCE ALONG SAID EASTERLY LINE NORTH 22°30'13" WEST, 1564.78 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 22°30'13" WEST, 1990.35 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1005.37 FEET, A RADIAL TO SAID BEGINNING BEARS SOUTH 85°54' 14" EAST; THENCE NORTHEASTERLY 36.76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°05'42; THENCE NON- TANGENT TO SAID CURVE NORTH 22°30'13" WEST, 302.87 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE NORTH 61°25'37"EAST, 14.19 FEET; THENCE NORTH 30°30'37" EAST, 34.90 FEET; THENCE SOUTH 40°47'23" EAST, 63.50 FEET; THENCE SOUTH 69°10'23" EAST, 38.00 FEET; THENCE NORTH 79°19'37" EAST, 285.00 FEET; THENCE NORTH 88°07'37" EAST, 333.14 FEET; THENCE NORTH 81°53'37" EAST, 13.68 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA STATE HIGHWAY XI-SD-2B (1- 5); THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 17°57'05" WEST, 15.21 FEET; THENCE NORTH 00°01'09" "WEST, 894.06 FEET; THENCE NORTH 15°10'48" WEST, 193.90 FEET TO THE SOUTHERLY LINE OF MAP NO. 11484 RECORDED APRIL 10,1986 AS FILE NO. 86--138666; THENCE ALONG SAID SOUTHERLY LINE SOUTH 72°58'27" WEST, 1135.74 FEET TO A POINT ON THE EASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1975.00 FEET; THENCE SOUTHEASTERLY 909.57 CLTA Preliminary Report Form-Modified {11-17-06) Page3 · LEGAL DESCRIPTION (continued) Order No.: 930023407-USO FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°23'14" TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOTH DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 14621, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1994 AS FIT..£ NO. 1994-500086, SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF- . WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE AND EASTERLY LINE OF SAID RECORD OF SURVEY 14621 SOUTH 28°40' 19" EAST, 656.70 FEET TO THE MOST SOUTHERLY CORNER OF SAID RECORD OF SURVEY NO. 14621, SAID CORNER BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 28°40'19" EAST, 275.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 56°25'30"WEST, 61.30 FEET; THENCE SOUTH 04°59'18" WEST, 27.61 FEET; THENCE SOUTH 39°37'42" EAST, 61.38 FEET; THENCE SOUTH 77°21 '22" EAST, 49.55 FEET; THENCE SOUTH 26°45'23" EAST, 232.92 FEET; THENCE SOUTH 17°52'19" EAST, 115.92 FEET; THENCE SOUTH 02°16'37" EAST, 55.06 FEET; THENCE SOUTH 22°00'58" WEST, 44.47 FEET; THENCE SOUTH 40°45' 14" WEST, 126.60 FEET; THENCE SOUTH 29°41'50" WEST, 83.42 FEET; THENCE SOUTH 27°27'35" WEST, 90.04 FEET; THENCE SOUTH 35°18'30" WEST, 212.59 FEET; THENCE SOUTH" 19°22'01" EAST, 108.34 FEET; THENCE SOUTH 30°56'56" EAST, 304.06 FEET; THENCE SOUTH 14°30'21" WEST, 175.27 FEET; THENCE SOUTH 00°09'57" EAST, 123.11 FEET; THENCE SOUTH 26°53'37" EAST, 119.99 FEET; THENCE SOUTH 34°46'51" WEST, 23.60 FEET; THENCE NORTH 61 °27'21" WEST, 142.77 FEET; THENCE NORTH 22°47'32" WEST, 47.01 FEET; THENCE SOUTH 67°12'28" WEST, 16.03 FEET; THENCE SOUTH 22°4732" EAST, 22.23 FEET; THENCE SOUTH 58°37'31" WEST, 97.99 FEET; THENCESOUTH 41°35'28" WEST, 110.44 FEET; THENCE NORTH 74°44T52N WEST, 164.81 FEET; THENCE NORTH 05°57'51" WEST, 202.95 FEET; THENCE NORTH 30°14'20" WEST, 64.23 FEET; THENCE NORTH 64°31'22" WEST, 293.59 FEET TO THE EASTERLY LINE OF THE 100.00 FOOT WIDE CARLSBAD BOULEY ARD; THENCE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD SOUTH 24°07'36" EAST, 913.18 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 4050.00 FEET; THENCE SOUTHEASTERLY 348.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°56'09"; THENCE SOUTH 19°11'27" EAST, 15.63 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5216.55 FEET; THENCE SOUTHEASTERLY 900.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°53'18"; THENCE LEAVING SAID EASTERLY LINE OF CARLSBAD BOULEY ARD SOUTH 60°43'42" WEST, 100.00 FEET TO POINT "A" BEING ON THE WESTERLY LINE OF SAID CARLSBAD BOULEY ARD, SAID POINT BEING ON A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5316.55 FEET, A RADIAL TO SAID POINT BEARS SOUTH 60°55'02" WEST; THENCE NORTHWESTERLY 917.89 FEET ALONG SAID CURVE AND SAID WESTERLY LINE OF CARLSBAD BOULEY ARD THROUGH A CENTRAL ANGLE OF 09°53'31"; THENCE NORTH 19°11'27" WEST, 15.63 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 3950.00 FEET; THENCE NORTHWESTERLY 340.27 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°56'09"; THENCE NORTH 24°07'36" WEST, 616.20 FEET TO POINT "B"; THENCE CONTINUING NORTH 24°07'36" WEST, 1159.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 65°52'24" EAST, 50.00 FEET TO A POINT ON THE CENTERLINE OF CARLSBAD BOULEY ARD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 5000.00 FEET; A RADIAL TO SAID POINT OF BEGINNING BEARS NORTH 65°52'24" EAST; THENCE NORTHWESTERLY 1061.21 FEET CLT A Preliminary Report Fonn -Modified ( 11-17 -06) Page4 c LEGAL DESCRIPTION (continued) Order No.: 930023407-USO ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°09'38"; THENCE LEAVING SAID CENTERLINE SOUTH 53°42'46" WEST 50.00 FEET TO SAID WESTERLY LINE OF CARLSBAD BOULEVARD; THENCE ALONG SAID WESTERLY LINE NORTH 36°17'14" WEST 393.94 FEET TO POINT "C"; THENCE CONTINUING NORTH 36°17'14" WEST 342.48 FEET TO POINT "D" BEING THE NORTHWESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID RECORD OF SURVEY NO. 14621; THENCE LEAVING SAID WESTERLY LINE OF CARLSBAD BOULEVARD AND ALONG SAID NORTHWESTERLY PROLONGATION AND SAID SOUTHWESTERLY LINE SOUTH 77°27'18" EAST, 999.25 FEET; THENCE SOUTH 30°11'52" EAST, 237.60 FEET; THENCE SOUTH 76°09'49" EAST, 931.75 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOTH DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF MAP NO. 3052 RECORDED FEBRUARY 4, 1951 AS FILE NO. 14672; THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 67°44'53" WEST TO THE MEAN HIGH TIDE LINE; THENCE NORTHERLY ALONG SAID MEAN HIGH TIDE LINE TO A LINE THAT BEARS SOUTH 65°52'24" WEST FROM SAID POINT "B"; THENCE NORTH 65°52'24" EAST TO SAID POINT "B"; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF CARLSBAD BOULEY ARD TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF SAID LOTH DESCRIBED AS FOLLOWS; BEGINNING AT SAID POINT "C"; THENCE SOUTH 53°42'46" WEST TO THE MEAN HIGH TIDE LINE; THENCE NORTHERLY ALONG SAID MEAN HIGH TIDE LINE TO A LINE THAT BEARS SOUTH 30°06'00" WEST FROM CORNER NO. 1 OF SAID RANCHO AGUA HEDIONDA; THENCE NORTH 30°06'00" EAST TO SAID COMER NO. 1; THENCE SOUTH 77°27'18" EAST, 16.27 FEET TO SAID POINT "D"; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF CARLSBAD BOULEY ARD TO THE POINT OF BEGINNING. PARCEL 4: (APN 210-010-41 AND A PORTION OF 210-010-43) THAT PORTION OF LOT "H" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY LINE OF THE 100.00 FOOT WIDE RIGHT-OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD WITH THE NORTHERLY LINE OF CANNON ROAD (60.00 FEET WIDE); THENCE ALONG SAID EASTERLY LINE NORTH 22°30' 13" WEST, 1564.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 22°30' 13" WEST, 1990.35 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1005.37 FEET, A RADIAL TO SAID BEGINNING BEARS SOUTH 85°54'14" EAST; THENCE NORTHEASTERLY 36.76.FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°05'42"; THENCE NON-TANGENT TO SAID CURVE NORTH 22°30'13" WEST, 302.87 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 61°25'37" EAST, 14.19 FEET; THENCE NORTH ~0°30'37" EAST, 34.90 FEET; THENCE SOUTH 40°47'23" EAST, 63.50 FEET; THENCE SOUTH 69°10'23" EAST, 38.00 FEET; THENCE NORTH 79°19'37" EAST, 285.00 FEET; THENCE NORTH 88°07'37" EAST, 333.14 FEET; THENCE NORTH 81°53'37" EAST, 13.68 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF CALIFORNIA STATE HIGHWAY XI-SD-2B (1-5); CLTA Preliminary Report Form-Modified (11-17-06) PageS LEGAL DESCRIPTION (continued) Order No.: 930023407-USO THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 17°57'05" EAST, 204,93 FEET; THENCE SOUTH 12°34' ll"EAST, 424.72 FEET; THENCE SOUTH 22°07'51" EAST, 239.68 FEET; THENCE SOUTH 22°30'37" EAST, 1210.91 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 67°37'25" WEST, 492.66 FEET; THENCE SOUTH 62°25Tl3" WEST, 126.26 FEET TO THE TRUE POINT OF BEGINNING, TOGETHER WITH THAT PORTION OF SAID LOTH DESCRffiED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY COMER OF RECORD OF SURVEY NO. 14621, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1994 AS FILE NO. 1994-500086, SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF- WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE AND EASTERLY LINE OF SAID RECORD OF SURVEY 14621 SOUTH 28°40'19" EAST, 656.70 FEET TO THE MOST SOUTHERLY CORNER OF SAID RECORD OF SURVEY NO. 14621; THENCE CONTINUING SOUTH 28°40'19" EAST, 275.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE SOUTH 56°25'30" WEST, 61.30 FEET; THENCE SOUTH 04°59'18" WEST, 27.61 FEET; THENCE SOUTH 39°37'42" EAST, 61.38 FEET; THENCE SOUTH 77°21'22" EAST, 49.55 FEET; THENCE SOUTH 26°45'23" EAST, 232.92 FEET; THENCE SOUTH 17°52'19" EAST, 115.92 FEET; THENCE SOUTH 02°16'37" EAST, 55.06 FEET; THENCE SOUTH 24°00'58" WEST, 44.47 FEET; THENCE SOUTH 40°45'14" WEST, 126.60 FEET; THENCE SOUTH 29°41'50" WEST, 83.42 FEET; THENCE SOUTH 27°27'35" WEST, 90.04 FEET; THENCE SOUTH 35°18'30" WEST, 212.59 FEET; THENCE SOUTH 19°22T01" EAST, 108.34 FEET; THENCESOUTH 30°56'56" EAST, 304.06 FEET; THENCE SOUTH 14°30'21" WEST, 175.27 FEET; THENCE SOUTH 00°09'57'' EAST, 123.11 FEET; THENCE SOUTH 26°53'37" EAST, 119.99 FEET; THENCE SOUTH 34°46'51" WEST, 23.60 FEET; THENCE NORTH 61°27'21" WEST, 142.77 FEET; THENCE NORTH 22°47'32" WEST, 47.01 FEET; THENCE SOUTH 67°12'28" WEST, 16.03 FEET; THENCE SOUTH 22°47'32" EAST, 22.23 FEET; THENCE SOUTH 58°37'31" WEST, 97.99 FEET; THENCE SOUTH 41°35'28" WEST, 110.44 FEET; THENCE NORTH 74°44'52" WEST, 164.81 FEET; THENCE NORTH 05°57'51" WEST, 202.95 FEET; THENCE NORTH 30°14'20" WEST, 64.23 FEET; THENCE NORTH 64°31'22" WEST, 293.59 FEET TO THE EASTERLY LINE OF THE 100.00 FOOT WIDE CARLSBAD BOULEVARD; THENCE ALONG SAID EASTERLY LINE OF CARLSBAD BOULEVARD SOUTH 24°07'36" EAST, 913.18 FEET TO TRUE· BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 4050.00 FEET; THENCE SOUTHEASTERLY 348.89 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°56'09"; THENCE SOUTH 19° 11 . '27" EAST, 15.63 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 5216.55 FEET; THENCE SOUTHEASTERLY 900.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°53' 18"; THENCE LEAVING SAID EASTERLY LINE OF CARLSBAD BOULEVARD NORTH 60°43'42" EAST,-103.71 FEET; THENCE NORTH 71 °53'50" EAST, 49.05 FEET; THENCE NORTH 88°29'46" EAST, 149.63 FEET; THENCE NORTH 77°06'32" EAST, 80.00 FEET; THENCE NORTH 68°28'15" EAST, 121.97 FEET; THENCE NORTH 63°21'24" EAST, 220.51 FEET; THENCE NORTH 67°56'35" EAST, 167.57 FEET; THENCE NORTH 76°27'03" EAST, 60.33 FEET; THENCE SOUTH 77°37'06" EAST, 172.85 FEET; THENCE SOUTH 60°55'24" EAST, 66.30 FEET; THENCE SOUTH 45°30'57" EAST, 47.42 FEET; THENCE SOUTH 82°40'44" EAST, 84.31 FEET; THENCE SOUTH 44°29'52" EAST, 52.55 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE OF SAID ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE NORTH 22°30'13"WEST, 2664.53 FEET; THENCE NORTH 28°40' 19" WEST, 835.14 FEET TO THE TRUE POINT OF BEGINNING. CL T A Preliminary Report Form -Modified ( 11-17 -06) Page6 c PARCEL 9: (APN 211-010-30) LEGAL DESCRIPTION (continued) Order No.: 930023407-USO THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16,1896, MORE PARTICULARLY DESCRffiED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL A OF A CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 22, 1995 AS FILE NO. 1995-0532900; THENCE ALONG · THE NORTHEASTERLY LINE THEREOF SOUTH 33°44'36" EAST, 1290.81 FEET; THENCE SOUTH 71 °40'52" EAST, 1586.90 FEET; THENCE SOUTH 53°19'03" EAST, 893.14 FEET; THENCE SOUTH 64°01'56" EAST, 2257.42 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 08°21'57" EAST, 182.60 FEET; THENCE SOUTH 83°25'06" WEST, 313.69 FEET; THENCE SOUTH 62°01'07" WEST, 160.23 FEET; THENCE NORTH 76°53'47" WEST, 269.28 FEET; THENCE SOUTH 55°39'38" WEST, 381.01 FEET; THENCE SOUTH 66°59'23" WEST, 594.40 FEET; THENCE SOUTH 87°02W WEST, 210.53 FEET; THENCE NORTH 64°43'30" WEST, 244.66 FEET; THENCE NORTH 74°31'19" WEST, 186.69 FEET; THENCE NORTH 17°29'03" WEST, 220.16 FEET; THENCE NORTH 83°34'03" WEST, 514.52 FEET; THENCE NORTH 80°57'43" WEST, 209.62 FEET; THENCE NORTH 72°35'04" WEST, 308.66 FEET; THENCE NORTH 45°17'25" WEST, 291.62 FEET; THENCE NORTH 53°58'34" WEST, 226.98 FEET; THENCE NORTH 64°17'22" WEST, 177.48 FEET; THENCE NORTH 70°53'29" WEST, 346.91 FEET; THENCE NORTH 48°58'53" WEST 87.04 FEET TO THE NORTHEASTERLY COMER OF CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 1,1985 AS FILE NO. 85-411922; THENCE ALONG THE NORTHEASTERLY LINE THEREOF NORTH 72°33'23" WEST, 186.00 FEET; THENCE NORTH 78°46'23" WEST, 238.00 FEET; THENCE NORTH 66°17R23" WEST, 172.00 FEET; THENCE NORTH 30°00'23" WEST, 23.00 FEET; THENCE NORTH 89°22'23" WEST, 24.00 FEET; THENCE NORTH 57°13'53" WEST, 275.40 FEET; THENCE NORTH 35°27'23" WEST,430.00 FEET; THENCE NORTH 15°34'23" WEST, 252.00 FEEL; THENCE NORTH 27°12'23" WEST, 168.99 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY XI-SD-2B (1-5); THENCE ALONG SAID RIGHT OF WAY NORTH 11°13'43" EAST, 92.85 FEET; THENCE NORTH 03°09'38" WEST, 1172.51 FEET; THENCE NORTH 17°49'10" WEST, 59.67 FEET TO THE SOUTHERLY LINE OF TRACT 238 OF MAP NO. 1681 RECORDED DECEMBER 9, 1915; THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG SAID SOUTHERLY LINE NORTH 64°10'39" EAST, 567.13 FEET TO THE POINT OF BEGINNING. PARCEL 10: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR THE USE OF A PORTION OF THAT BODY OF WATER KNOWN AS THE AGUA HEDIONDA LAGOON· AND THE LAND IMMEDIATELY ADJACENT THERETO FOR PURPOSES OF WITHDRAWING WATER FROM AND DISCHARGING WATER INTO SAID LAGOON, TOGETHER WITH THE RIGHT TO DREDGE THE LAGOON AND REPAIRING AND MAINTAINING THE ASSOCIATED RIP RAP, PURSUANT AND SUBJECT TO THE TERMS AND CONDITIONS AS CONTAINED IN THE DOCUMENT ENTITLED "EASEMENT AND COVENANT AGREEMENT" RECORDED MAY 21, 1999 AS INSTRUMENT NO. 1999-0347267 OF OFFICIAL RECORDS. REFERENCE IS MADE TO SAID DOCUMENT FOR A COMPLETE DESCRIPTION OF SAID EASEMENT AS CONTAINED IN EXHffiiT 3.1 THERETO. END OF LEGAL DESCRIPTION CLTA Preliminary Report Form-Modified (11-17-06) Order No.: 930023407-050 SCHEDULED At the date hereof; items to be considered and exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Taxes assessed by the State Board of Equalization -no data available 2. The lien of supplemental taxes, if any, assessed pursuant to the provlSlons of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: State of California State highway 80 feet in width August 4, 1926 in Book 1210, Page 463, of Deeds and in Book 1226, page 355 of Deeds The route thereof affects a portion of said land and is more fully described in said document. Sa_id instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes· beyond the limits where required for the construction and maintenance thereof 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: State of California A state highway May 2, 1914 in Book 288, Page 258 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Southern Counties Gas Company gas pipe line not to exceed 12 1/2 inches in diameter July 26, 1932 in Book 147, page 152. of Official Records The route thereof affects a portion of said land and. is more fully described in said document. 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Water Supply Company public highway August 30, 1935 in Book 432, page 60 of Official Records The route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminary Report Fonn-Modified (11-17-06) Pa e8 SCHEDULED (continued) Order No.: 930023407-USO Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Southern California Telephone Company A right of way August 2. 1941 in Book 1200, page 421. of Official Records The exact location and extent of said easement is not disclosed of record 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: W. D. Cannon, an unmarried man, et al road and pipeline October 8, 1948 in Book 2974, page 493, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said easement has been conveyed and/or reserved in various other instruments of record 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Grace Kathryn Burden easement for pedestrian access, recreational purposes, including right to use the lagoon for recreational and fishing purposes October 8, 1948 in Book 2974, page 496, of Official Records The exact location and extent of said easement is not disclosed of record Reserving from said grant an easement and right of way for ingress and egress for road and public utility purposes and the right to inundate a portion thereof as described in said document. 10. The right to inundate that portion of said land adjoining the swamp and overflow land known as the Lagoon Bed, up to an elevation of 10 feet above the mean high tide line of the Pacific Ocean, as reserved by Grace Kathryn Burden in deed dated September 30, 1948 and recorded October 8, 1948 and as reserved by Grover C. Jacobsen, Grace Oakes Jacobsen and Gail Francis Latham, in deed dated September 30, 1948 and recorded October 8, 1948 in Book 2974, page 496 and in Book 2975. page 1. respectively of Official Records. Reserving from said grant easement and right of way for ingress and egress for road and public utility purposes and the right to inundate a portion thereof as described in said document. 11. An easement for the purpose shown below and rights.incidental thereto as set forth in a document. Granted To: Purpose: San Diego Gas and Electric Company public utilities, ingress, egress CLT A Preliminary Report Form -Modified (11-17 -06) Pa e9 Recorded: Affects: SCHEDULEB (continued) Order No.: 930023407-USO October 20, 1949 in Book 3358, page 85, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 12. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been severed from said land by the document. Recorded: Affects: May 2, 1952 in Book 4456, page 192, of Official Records and by deed recorded May 18. 1953 in Book 4858, page 320, of Official Records, by deed recorded March 20, 1969 as Instrument No. 48604, of Official Records Said land adjacent 13. The effect of any failure to comply with the terms, covenants and provisions of a lease to which reference is hereby made for full particulars. Described as Lease P.R. C. 791.1 dated April21, 1953, from the State of California, acting through the State Lands Commission, as Lessor, to San Diego Gas and Electric Company, as Lessee, as amended by the amendments of Lease P. R. C. 791.1 dated March 24, 1972, June 28, 1973, September 13, 1978, July 1, 1980 and March 24, 1981, between the State of California, acting through the State Lands Commission and San Diego Gas and Electric Company, whereunder the State of California Leased to San Diego Gas and Electric Company an area of tide and submerged land near the City of Carlsbad in San Diego County for the installation, maintenance and use of a submarine pipeline transporting fuel oil and for a offshore marine terminal with fuel loading and unloading facilities for oil tankers. The effect of the failure by San Diego Gas and Electric Company to obtain the consent of the State Lands Commission. Various disclosures in that certain Lease Assignment and Assumption Agreement (Encina Power Plant) (Unrecorded Leases) recorded May 21. 1999 as Instrument No. 1999-0347264, of Official Records. 14. The fact that the ownership of the land herein described does not include the right of ingress to or egress from that certain parcel of land granted to the State of California by deed from San Diego Gas and Electric Company, a corporation dated December 29, 1952 recorded May 18. 1953 in Book 4858, page 320, of Official Records, said rights having been relinquished by said deed, excepting and reserving to the owners of the abutting lands and successors or assigns, the right to pass to and from the said lands upon surface of the waters of Aqua Hendionda Slough, under and beneath the freeway bridge located at approximately engineer's station 386 plus 45 arid crossing said Slough. 15. A revocable licensed dated April 2, 1963 executed by and between San Diego Gas and Electric Company, a California corporation and Pirates Cove Inc., a California corporation to use and maintain a channel and a rock breakwater together with the right to dredge and re-dredge the channel, subject to the terms and conditions therein, recorded April 18. 1963 as Instrument No. 66929, of Official Records. Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form-Modified (11-17-06) Pa e 10 SCHEDULED (continued) Order No.: 930023407-USO Revocable License between SDG&E and Pirate's Cove, Inc., dated April 2, 1963 for channel dredging and construction of breakwater in connection with the Shelter Cove marina development, disclosed by Assignment and Assumption Agreement, recorded November 25. 2003 as Instrument No. 2003-1411265. of Official Records. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The Vista Sanitation District and the City of Carlsbad sewer pumping station, sewer pipeline, manholes ad road purposes June 24, 1964 as Instrument No. 113886, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Janss Corporation, a Delaware corporation A breakwater structure, a channel, trench ditch or other depression in the surface of the earth and an easement for ingress and egress over the waters of the upper lagoon June 8, 1965 as Instrument No. 102193. of Official Records The exact location and extent of said easement is not disclosed of record 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The State of California public recreational use November 16. 1976 as Instrument No. 76-383604, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 19. The effect of ay failure to comply with the terms, covenants and provisions of the agreements listed herein below: The fact that ingress and egress between parcels described herein is not unlimited, but rather, due to the bisecting of parcels by railroad tracks, certain areas are limited to ingress and egress as set forth in the following: a) That certain "Agreement for Private or Farm Crossing" dated February 24, 1971 by and between the Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation, and San Diego Gas and Electric Company, a California corporation. b) That certain "Pipeline License" dated March 1, 1971 by and between the Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation, and San Diego Gas and Electric Company, a California corporation, which license grants the right to construct and maintain a tunnel, pipe and· pedestrian walkway and various sizes of pipe carrier pipe; CLT A Preliminary Report Fonn -Modified (11-17 -06) SCHEDULEB (continued) Order No.: 930023407-USO c) That certain agreement dated October 30, 1953 by and between the Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation and San Diego Gas and Electric Company, a California corporation, and supplement thereto dated January 1, 1972 wherein the Santa Fe agreed to construct, operate and maintain a track aggregating 1814.3 feet to serve an electric generating plant. Reference is hereby made to said document for full particulars. 20. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: October 11, 1978 State of California and San Diego Gas and Electric Company October 27, 1978 as Instrument No. 78-466720, of Official Records Fuel oil fill line easement Reference is hereby made to said document for full particulars. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation storm drainage purposes February 25, 1986 as Instrument No. 86-072936, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation slope and retaining wall purposes May 13, 1988 as Instrument No. 88-226631, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The City of Carlsbad, a municipal corporation shore protection purposes October 8, 1991 as Instrument No. 1991-0519749, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 24. Covenants, conditions and restrictions in an instrument recorded October 21, 1992 as Instrument No. 1992-0670805, of Official Records. 25. Covenants, conditions and restrictions in an instrument recorded July 1, 1994 as Instrument No. 1994-0418865, of Official Records. CLT A Preliminary Report Form -Modified (11-17 -06) Page 12 SCHEDULEB (continued) Order No.: 930023407-USO 26. An instrument entitled "Offer to Dedicate Public Access Easement and Declaration of Restrictions" recorded July 1, 1994 as Instrument No. 1994-0418867, of Official Records. Note: Certificate of Acceptance recorded May 3, 2007 as Instrument No. 2007-0303186 of Official Records. 27. An instrument entitled "Notice of Restriction on Real Property" recorded October 9, 1995 as Instrument No. 1995-0453332, of Official Records. 28. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water District, a public agency organized in the State of California water line January 5, 1996 as Instrument No. 1996-0007133, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 29. Any adverse claim, as to the property described in Schedule A, based upon the assertion that: a) Some portion of said land has been created by artificial means, or had accreted to such portions so created. b) Some portion ·of said land has been brought within the boundaries thereof by a evulsive movement of the Pacific Ocean and/or Agua Hedionda Lagoon, or has been formed by accretion to any such portion. Rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the waters of the Pacific Ocean and/or Agua Hedionda Lagoon. 30. Any rights in favor of the public which may exist on said land for parking, beach, or recreational uses, and public protection, erosion control and the public rights of commerce navigation and fishery. 31. An Unrecorded Lease with certain terms, covenants and provisions set forth therein Lessor: Lessee: Disclosed by: Dated: San Diego Gas and Electric Company City of Carlsbad Unrecorded Agreement for Recreation, Sporting, Fishing and other purposes March 4, 1957 Said Lease was amended by Agreement dated April 1, 1962 and by a second amendment Agreement dated November 22, 1995. CLTA Preliminary Report Fonn-Modified (11-17-06) Page 13 SCHEDULEB (continued) 0 Order No.: 930023407-USO A sublease disclosed by unrecorded Agreement dated July 1, 1980 by and between the City of Carlsbad and Snug Harbor Marina, as disclosed by Memorandum of Partial Assignment Agreement recorded November 25, 2003 as fustrument No. 2003-1411266, of Official Records. 32. An Unrecorded Lease with certain terms, covenants and provisions set forth therein Lessor: Lessee: Disclosed by: Dated: San Diego Gas and Electric Company YMCA Unrecorded License Agreement for a youth recreational and aquatic park with vehicular parking March 1, 1995 33. An Unrecorded Lease with certain terms, covenants and provisions set forth therein Lessor: Lessee: Disclosed by: Dated: San Diego Gas and Electric Company The Pacific Telephone and Telegraph Company Unrecorded License Agreement for the right to construct, maintain, use, operate, repair, replace or remove a line of poles, together with the right of ingress and egress August 5, 1957 34. An Agreement to which reference is hereby made for full particulars Dated: By and Between: Regarding: September 17, 1968 Allan 0. Kelly and San Diego Gas and Electric Compc;my Acquisition of easement and other matters as described in said agreement, including the right to dredge, redredge and remove spoil Reference is hereby made to said document for full particulars. 35. An Unrecorded License with certain terms, covenants and provisions set forth therein Licensor: Licensee: Disclosed by: Dated: San Diego Gas and Electric Company SFW fuc., a California corporation Unrecorded License Agreement for the temporary storage of oysters, clams, scallops, and mussels, spiny lobsters, and green abalone and the mooring and/or anchorage of the vessels used in the business together with the right to access January 1, 1991 and amended October, 1992 and amended October 13, 1992 Reference is hereby made to said document for full particulars. 36. An Unrecorded License with certain terms, covenants and provisions set forth therein Licensor: San Diego Gas and Electric Company Licensee: Hubbs-Seas World Research fustitute Disclosed by: Unrecorded License Agreement for a research site CLTA Preliminary Report Form-Modified (I 1-17-06) Page 14 Dated: SCHEDULED (continued) April 9, 1993 Order No.: 930023407-USO Reference is hereby made to said document for full particulars. 37. An Unrecorded License with certain terms, covenants and provisions set forth therein Licensor: Licensee: Disclosed by: Dated: San Diego Gas and Electric Company Fleet Call West, Inc. Unrecorded License Agreement for any activity in connection with the provision of telecommunications service September 22, 1995 Reference is hereby made to said document for full particulars. 38. An Unrecorded License with certain terms, covenants and provisions set forth therein Licensor: Licensee: Disclosed by: Dated: San Diego Gas and Electric Company The County of San Diego Unrecorded License Agreement August 20, 1996 Reference is hereby made to said document for full particulars. 39. The effect of the failure to comply with the terms, covenants and conditions or provisions set forth in the unrecorded lease by and between Lessor: Lessee: Disclosed by: Dated: State of California San Diego Gas and Electric Company State Land Lease for cooling water discharge channel July 8, 1989 40. The effect of the failure to comply with the terms, covenants and conditions or provisions set forth in the unrecorded lease by and between Lessor: Lessee: Disclosed by: Dated: State of California San Diego Gas and Electric Company State Land for deposition of dredge spoils July 1, 1994 41. The effect of the failure to comply with the terms, covenants and conditions or provisions set forth in the unrecorded lease by and between Lessor: Lessee: Disclosed by: Dated: State of California San Diego Gas and Electric Company Lease No. 871.1 Public Resources Code Series January 8, 1954 CLT A Preliminary Report Form -Modified (11-17 -06) Page 15 SCHEDULEB (continued) Order No.: 930023407-USO 42. The effect of the failure to comply with the terms, covenants and provisions of the license Licensor: Licensee: Disclosed by: Dated: The Atchison, Topeka and Santa Fe Railway Company, a Delaware corporation, as to the 1977 Agreement and North San Diego County Transit Development Board, as to the 1999 Agreement San Diego Gas and Electric Company License NO. 1050/AG-16605 dated as of July 12, 1977 and amended by an unrecorded "Railroad Right of Way License" March 31, 1999 43. The effect of any failure to comply with the terms, covenants, and provisions of an unrecorded Agreement to which reference is hereby made for full particulars Dated: By and Between: Disclosed by: Regarding: March 31, 1999 North San Diego County Transit Development Board and San Diego Gas and Electric Company · Combined license, cost and maintenance agreement for the Encinas Power Plant Private Railroad Crossing Rail Reference is hereby made to said document for full particulars. 44. A document entitled "Assignment of Easements", dated, May 20, 1999, executed by San Diego Gas and Electric Company, et al, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as Instrument No. 1999-0347263, of Official Records. Reference is hereby made to said document for full particulars. 45. Various disclosures in that certain Lease Assignment and Assumption Agreement (Encina Power Plant) (Unrecorded Leases) recorded May 21, 1999 as Instrument No. 1999-0347264, of Official Records. · Reference is hereby made to said document for full particulars. 46. A document entitled "Assignment and Assumption Agreement (Lease Documents) (Unrecorded Lease Documents)", dated, May 20, 1999, executed by San Diego Gas and Electric Company and Cabrillo Power I LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as Instrument No. 1999- 0347265, of Official Records. Reference is hereby made to said document for full particulars. 47. A document entitled "Easement and Covenant Agreement", dated, May 20, 1999, executed by San Diego Gas and Electric Company, a California corporation and Cabrillo I LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as Instrument No. 1999-0347267, of Official Records. CLTA Preliminary Report Form-Modified (11-17-06) Page 16 SCHEDULEB (continued) Order No.: 930023407-USO 48. A document entitled "Memorandum of Agreement (Encina Power Plant)", dated, May 20, 1999, executed by Cabrillo Power I LLC, a Delaware limited liability company and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as Instrument No. 1999-0347268, of Official Records. 49. A document entitled "Memorandum of License Agreement", dated, May 20, 1999, executed by Cabrillo Power I LLC, a Delaware limited liabUity company and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as Instrument No. 1999-0347270. of Official Records. 50. A document entitled "Memorandum of License Agreement", dated, May 20, 1999, executed by San Diego Gas and Electric Company, a corporation and Cabrillo Power II, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, r-ecorded May 21, 1999 as Instrument No. 1999-0347277, of Official Records. 51. A document entitled "Memorandum of Agreement", dated, May 20, 1999, executed by Cabrillo II LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded May 21, 1999 as Instrument No. 1999-0347278, of Official Records. 52. A Certificate of Compliance Dated: Executed by: Compliance No.: Recorded: 53. A Certificate of Compliance Dated: Executed by: Compliance No.: Recorded: 54. A Certificate of Compliance Dated: Executed by: Compliance No.: Recorded: 55. A Certificate of Compliance Dated: Executed by: Compliance No.: October 29, 2001 The City of Carlsbad ADJ 00-10, Parcel 2 October 30, 2001 as InstrUment No. 2001-0789066, of Official Records October 29, 2001 The City of Carlsbad ADJ 00-10-10, Parcel3 October 30, 2001 as Instrument No. 2001-0789067, of Official Records October 29, 2001 The City of Carlsbad ADJ 00-10, Parcel 4 October 30, 2001 as Instrument No. 2001-0789068, of Official Records October 29,2001 The City of Carlsbad ADJ 00-10, Parcel 9 CLTA Preliminary Report Form-Modified (11-17-06) Page 17 Recorded: SCHEDULEB (continued) Order No.: 930023407-USO October 30, 2001 as Instrument No. 2001-0789073, of Official Records 56. Various matters disclosed on Record of Survey Map No. 17350, recorded April 12, 2002 as Instrument No. 2002-0308152, of Official Records. 57. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Disclosed by: Recorded: Cabrillo Power I, LLC, a Delaware limited liability company Poseidon Resources (Chartnelside) LLC, a Delaware limited liability company Short Form of Ground Lease and Easement Agreement July 18, 2003 as Instrument No. 2003-0855354, of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest-of the Lessee are not shown herein. Short Form of Amended and Restated Ground Lease and Easement Agreement Recorded: October 28, 2009 as Instrument No. 2009-0597945 of Official Records 58. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company, a California corporation ingress, egress, underground utilities November 25, 2003 as Instrument No. 2003-1411259, of Official Records As described in Parcel D of said document The exact location and extent of said easement is not disclosed of record 59. A document entitled "Easement Agreement", dated, November 25, 2003, executed by San Diego Gas and Electric Company, a California corporation and Cabrillo Power I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded November 25, 2003 as Instrument No. 2003-1411261, of Official Records. 60. A document entitled "Easement Agreement", dated, November 25, 2003, executed by San Diego Gas and Electric Company, a California corporation and Cabrillo Power I LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded November 25, 2003 as Instrument No. 2003-1411267, of Official Records. 61. A document entitled "Open Space Deed Restriction", dated, June 20, 2005, executed by The California Coastal Commission, et al, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2005 as Instrument No. 2005-0538090, of Official Records. CLT A Preliminary Report Fonn -Modified ( 11-17 -06) Page 18 SCHEDULEB (continued) Order No.: 930023407-USO 62. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded December 20, 2006 as Instrument No. 2006-0902694 of Official Records. Affects Parcel210-010-43 SUP 06-10 Agua Hedionda Outer Lagoon Maintenance 63. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded December 20, 2006 as Instrument No. 2006-0902695 of Official Records. Affects Parcel210-010-043 CUP 06-12 County of San Diego Sheriff's Department Encina 64. A document entitled "Notice of Restriction on Real Property", executed by City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded April 9. 2009 as Instrument No. 2009-0180835 of Official Records. Affects Parcel210-010-43 SA 09-01 Media Flo Satellite 65. A document entitled "Deed and Lease Restriction'', dated, August 25, 2009, executed by Poseidon Resources, LLC, subject to all the terms, provisions and conditions therein contained, recorded October 28. 2009 as Instrument No. 2009-0597946 of Official Records. Said matters affects that portion of the land described on ExhibitB to said Instrument. 66. A docum~nt entitled "Amended and Restated Development Agreement", executed by City of Carlsbad and Poseidon, subject to all the terms, provisions and conditions therein contained, recorded October 30, 2009 as Instrument No. 2009-0605539 of Official Records. Said matters affects that portion of the land described on Exhibit A to said Instrument. 67. A document subject to all the terms, provisions and conditions therein contained. Entitled: Recorded: Short Form of Amended and Restated Ground Lease and Easement Agreement · April15. 2010 as File No. 2010-0185731. Official Records Reference is hereby made to said document for full particulars. 68. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: $5,439,250,000 April 15, 2010 Cabrillo Power I LLC, a Delaware limited liability company Chicago Title Company, a California corporation Deutsche Bank Trust Company Americas April21. 2010 as File No. 2010-0196180, Official Records CLTA Preliminary Report Form-Modified (11-17-06) Pa e 19 SCHEDULED (continued) Order No.: 930023407-USO An Agreement to modify the terms and provisions of said Deed of Trust as therein provided. Executed by: Recorded: Cabrillo Power I LLC, a Delaware limited lial:lility company and Deutsche Bank Trust Company Americas July 2, 2010 as File No. 2010-0335215. Official Records An Agreement to modify the terms and provisions of said Deed of Trust as therein provided. Executed by: Recorded: Cabrillo Power I LLC, a Delaware limited liability company and Deutsche Bank Trust Company Americas July 11. 2011 as File No. 2011-0348455, Official Records 69. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: $5,439,250,000 April 15, 2010 Cabrillo Power I LLC, a Delaware limited liability company Chicago Title Company, a California corporation Deutsche Bank Trust Company Americas April21. 2010 as File No. 2010-0196181. Official Records An Agreement to modify the terms and provisions of said Deed of Trust as therein provided. Executed by: Recorded: Cabrillo Power I LLC, a Delaware limited liability company ~d Deutsche Bank Trust Company Americas July 2, 2010 as File No. 2010-0335216, Official Records An Agreement to modify the terms and provisions of said Deed of Trust as therein provided. Executed by: Recorded: Cabrillo Power I LLC, a Delaware limited liability company and Deutsche Bank Trust Company Americas July 11. 2011 as File No. 2011-0348456, Official Records 70. Matters which may be disclosed by an inspection and/or by a correct ALTAI ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 71. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. CLT A Preliminary Report Form -Modified ( 11-17 -06) Pa e20 c END OF SCHEDULE B CLTA Preliminary Report Form -Modified (11-17 -06) SCHEDULEB (continued) Page 21 Order No.: 930023407-USO Order No.: 930023407-USO INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No.3: Your open order request indicates that a Limited Liability Company will be acquiring, encumbering or conveying real property in your transaction. Under the provisions of "the California Limited Liability Act, .effective September 30, 1994" the following will be required: 1. A copy of the Articles of Organization (and all amendments, if any) that has been filed with the Secretary of State. 2. The requirement that this Company be provided with a copy of the Operation Agreement. The copy provided must be certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the Limited Liability Company is member-managed then this Company must be provided with a current list of the member names. ATTACHMENT ONE PRN ACY STATEMENT IMPORTANT INFORMATION: For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Report Form-Modified (11-17-06) Page 22 '-' CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • · From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information~ Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (10-21-03) ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. 4. 5. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks Failure to pay value for your title. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: I. 2. Any right, interests, or claims of parties in possession of the land not shown by the public records. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. 4. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning Jaws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the. land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without know ledge. 3. · Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; · (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure a~ainst loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof which are not 2. records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, which may result in taxes or assessments, or notices of such encroachments, or any other facts which a correct survey '."'OU!d proceedings, whether or not shown by the records of such agency or disclose, and which are not shown by the public records. by the public records. Any facts, rights, interests, or claims which are not shown by the public reeords but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One (11-17-06) Page 24 c ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WimALTAENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay· loss or damage, costs, attorneys' fees or expenses which arise by reason of: to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or I. 2. 3. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning Jaws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without know ledge. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or 4, 5. 6. 7. (e) resulting in Joss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business Jaws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending Jaw, Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Jaws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against Joss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I, Taxes or assessments which are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, which are not records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary Jines, shortage in area, which may result in taxes or assessments, . or notices of such encroachments, or any other facts which a correct survey would proceedings, ·whether or not shown by the records of such agency or disclose, and which are not shown by the public records. by the public records. 2, Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these Jaws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. Attachment One ( 11-17 -06) Page 25 2. 3. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no Joss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk II, 13, or 14); or ATTACHMENT ONE (CONTINUED) 4. 5. (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business Jaws of the state where the Land is situated. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending Jaw. 6. 7. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Jaws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against Joss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. (a) Taxes or assessments that are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, not shown by records of any taxing authority that levies taxes or assessments on the Public Records. real property or by the Public Records; 4. Any encroachment, encumbrance, violation, variation, or adverse (b) Proceedings by a public agency that may result in taxes or circumstance affecting the Title that would be disclosed by an assessments, or notices of such proceedings, whether or not accurate and complete land survey of the Land and not shown by the shown by the records of such agency or by the Public Records. Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning Jaws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these Jaws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or aJleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or aJleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without know ledge. 3. 4. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no ioss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in Joss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Jaws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the foil owing Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against Joss or damage (and tbe Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, which are not 2. records of any taxing authority that levies taxes or assessments on real shown by the public records. property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, which may result in taxes or assessments, or notices of such encroachments, or any other facts which a correct survey would proceedings, whether or not shown by the records of such agency or disclose, and which are not shown by the public records. by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Attachment One ( 11" 17 -06) Page 26 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to 2. 3. (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, ·or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; 4. 5. (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no Joss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (bowever, this does not modify or limit the coverage provided under Covered Risk 9 and I 0); or (e) resulting in Joss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar· creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above p·olicy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: I. 2. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. 4. 5. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights; claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, Y·ou are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. · This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: Attachment One (11-17 -06) Pa e27 4. a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the ·Policy Date; c. that result in no loss to You; or d. that frrst occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Scliedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk II or 18. ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS ' Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 1 S, 16 and 18, Your Deductible Amount and Our Maximum Dollar Umit of Uability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% of Policy Amount or $ 2 500.00 (whichever is less) 1.00% of Policy Amount or $ 2.QQQm (whichever is less) 1.00% of Policy Amount or $ 5 000.00 (whichever is less) 1.00% of Policy Amount or $ 2.500.00 (whichever is less) Our Maximum Dollar Umii of Uabilitv $ 10 000.00 $25:000.00 $25.000.00 $5.000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage <:>fthis policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: ]. 2. 3. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning Jaws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent. that s notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. Def~cts, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; Attachment One (ll-17 -06) 4. 5. 6. 7. 8. 9. Pa e28 (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business Jaws of the state in which the Land is situated. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, S(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Know ledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured · Mortgage which changes the rate of interest charged, if the rate of .Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. (continued) You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your· current transaction, you must -prior to the close of the c~ent transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on· property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company 1s required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11-17-06) Page29 ? w 0 ~ i a ~ ~ .... . --.] 6 ~ 09 \ SAil DIEGO COUNTY lSSESStHI'S NAP 1K 206 !"Ci SHTI OF Z POR PM f S8£ MAP 141-37-7JJ BLK W E> 5.7S AC POR PAR 1 S11E MAP HI-37-7JJ MAP 823-RANCHO !>GUA MAP 1803 -PAL I SAOES NO. Z ROS 13249, 1462:1 206-07 l SHT 1 OF 2 _p 1":1QO' tt' ICHAN<;ES B. OLD I'£Wfi'i' CUT s ' flii. I [..I!! 81 5'145 4 2-15 02 1.f.44. 1011:11 ts.t:t7 02 1m r• CONDM CHINQUAPIN 7ERRACE ~B~f~)5t4 ) 0 09 \ 'S v! J~ 10: . ... • ~ ~ PAR 4 S8E MAP 141-.37-?lJ .e.;;® ~PI 20.ZIAC. 2" z ~ "·PACIFIC ~~ ~~~~ ~1 li ~ ;~ ~~§~ .. "' 1/11: 8 6 ~! 210-01 ~ SHT 1 OF 2 . 1"=400' I~ i:tl~ "' ~ Ill ~: ; . j~ ~ ,• ~ ~ '" ;!;"' IS dl: '"' 1111!11!~ ~~~ ~~: ;:t st 1?1 " " () PAR 1 68E. MAP 1100-31.1 S.F. RY) - PAR 2 SBE MAP U0&-37-1 @ 135,55 AC 09 t; A -IHIS'OO'lS"W 71.08 1'182"56'4-?'"W 2Ui78 N (72.%8 F"0 CAlC "'d) 8 -ttJ8"2S'21S"W S.!OI!I t.l (17.02 Fl} CAlC c -S88•01S'01"( 11.4U u ~2'1 F"rt c~c D -N87'"31'44"E 25.HS M (8a.55 FT) CALC E -522" 28't6'"E 10.873 M f.J4.24 m CALC f-$157'"33"'2S'"'W 15.IMOM (S2.80FT)CALC(lld) • SAN D I E&O COUNTY ASSESSOR'S MAP !K 211 PG 0 I f2o7\ \&' SHT2 SHT 2 PAR 8 SSE NAP 141-37-73J POR LOT F a. PAR 9 SSE MAP t41-.:s7-7JJ ciill ~ MAP 823 -RHO AGUA HEDIONDA-POR LOT H&:F-MM209 ~~ 211i'os, 11737, 12462, 13995, 16331 C) CABRILLO POWER I LLC, AGUA HEDIONDA LAGOON OUTER LAGOON FLOOD SHOAL MAINTENANCE DREDGING SEDIMENT CHARACTERIZATION REPORT 2010/2011 DREDGING CYCLE Prepared for: Cabrillo Power I LLC 4600 Carlsbad Boulevard Carlsbad, CA 92009-430 I Prepared by: ACOE #200 11 00328-SKB Merkel & Associates, Inc. 5434 Ruffin Road San Diego, CA 92123 Phone: (858) 560-5465 Fax: (858) 560-7779 December 2010 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 TABLE OF CONTENTS 1.0 SUMMARY ................................................................................................................................ 1 2.0 INTRODUCTION ....................................................................................................................... 1 3.0 METHODS .................................................................................................................................. 3 3.1 Core Logging and Sample Handling .............................................................................................................. 4 3.2 Physical Analyses ....................................................................................................................................... 5 4.0 RESULTS .................................................................................................................................... 6 5.0 DISCUSSION .............................................................................................................................. 9 6.0 REFERENCES .......................................................................................................................... 10 LIST OF FIGURES Figure 1. Beach and Lagoon Sampling Stations .................................................................................. 2 Figure 2. Sediment grain size distribution for Outer Lagoon dredge areas and Receiver Beaches ..... 8 Figure 3. Composite grain size envelope analysis of dredge sand compatibility with receiver beach . ....................................................................................................................................................... 10 LIST OF TABLES Table 1. Percent sand composition from prior flood shoal pre-dredging testing programs ................. 3 Table 2. Actual Sample Locations at Tidal Basin and Receiver Location .......................................... .4 Sediments from the proposed beach receiving sites ranged from 98.69 to 99.46% sand, and averaged 99.07% sand. The average median particle size was 0.32 mm. The TOC values for ..................... 6 Table 3. Results of grain size and TOC analyses on sediment samples from the Outer Lagoon, 2008 .............................................................................................................. : .......................................... 7 Table 4. Historical comparison of median grain size based on previous testing associated with maintenance dredging of outer Agua Hedionda Lagoon ................................................................ 9 Appendix A. Field Core Logs Appendix B. Core Photographs Appendix C. Laboratory Data Merkel & Associates, Inc. #10-1 19-01 APPENDICES 0 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 CABRILLO POWER I LLC, AGUA HEDIONDA LAGOON OUTER LAGOON FLOOD SHOAL MAINTENANCE DREDGING SEDIMENT CHARACTERIZATION REPORT 2010/2011 DREDGING CYCLE ACOE #2001100328-SKB December 2010 1.0 SUMMARY A sediment characterization and testing program was undertaken to support the winter 2010/2011 maintenance dredging of the outer basin (Outer Lagoon) at Agua Hedionda Lagoon, Carlsbad, California. Maintenance dredging and beach replenishment are proposed to occur under ACOE IP #2001100328-SKB and are part of an on-going maintenance dredging program at the site. The testing program sampled the Outer Lagoon flood shoal as well as the proposed dredge sediment receiver beaches identified as North, Middle, and South Carlsbad State Beaches. The flood shoal was found to consist of mostly fine and medium sands derived from coastal littoral sand entrainment during incoming tides. The sand composition within the shoal averaged 98.0% while the receiver beaches averaged slightly higher sand content at 99.1% sand. The sand grain size distribution suggested slightly larger sand particle sizes exist on the receiver beaches relative to the shoal. The grain size distribution on the flood shoal was generally consistent while the receiver beach sites were more variable. Overall, the shoal sand is extremely comparable to the receiver beach from which the material originated. Total organic carbon (TOC) was not detected in one of the shoal samples and all of the beach samples. One shoal sample (L2) within the central portion of the shoal had a 0.07% detectable level of TOC. The other shoal sample with detectable TOC was the southern most shoal sample (L3). L3 had a 0.08% detectable level of TOC and had a 0. 7-foot wide dark anoxic stratum approximately 4 feet below the sediment surface. This strata was likely the result of prior kelp wrack capture behind a building shoal. The results of grain size and TOC analysis of the shoal and receiver beaches suggest that the shoal is highly suitable for beach replenishment within the local receiver beach areas. 2.0 INTRODUCTION The outer basin (Outer Lagoon) of Agua Hedionda Lagoon (Figure 1) is an efficient sediment trap for entrained littoral sand that is brought into the lagoon through the combined influence of tidal circulation and cooling water flows. Sediment accumulation in the flood shoal of the lagoon degrades the tidal prism and tidal flushing within the lagoon and also reduces the operational efficiency of the power plant located adjacent to the outer basin. Since initial lagoon dredging in 1954, the accumulated flood shoal sand has been dredged out every one to three years. This maintains an open tidal connection and minimized tidal muting of the lagoon. The most recent sediment-testing program occurred in 2008 when approximately 299,000 cubic yards of sediment Merkel & Associates, Inc. #10-/19-01 • Lagoon Station • Beach Receiving Station -High Tide • Beach Receiving Station -low Tide Beach and Lagoon Sampling Stations Ague Hedlonda Lagoon Figure 1 ~--------------------------------Merkel & Associates, Inc. Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 was removed. The results of recent grain size testing within this shoal are summarized in the following table (Table 1 ). Table 1. Percent sand composition from prior flood shoal pre-dredging testing programs Coincident with this sand composition, receiver beaches were found to have a sand content ranging from 95.1% to 98.9% across the various sampling years. Previous testing of the flood shoal has indicated that the shoal is comprised almost entirely of beach sand. Present dredging is anticipated to include a volume of approximately 350,000 cubic yards. This dredging represents all littoral sand removal with no cuts into native sediments. The material is to be cut by electric cutterhead dredge and replaced on coastal beaches on North Middle, and South Carlsbad State Beaches (sites are both up and down drift of the Agua Hedionda Lagoon tidal inlet). Work will be conducted between January 3 and April 15, 2011. Maintenance shoal removal and beach replenishment are proposed to occur under ACOE IP #200 11 00328-SKB and are part of an on- going maintenance dredging program at the site. A sampling and analysis plan (SAP) was developed prior to sampling (Merkel and Associates 2010). The SAP detailed the sediment collection and testing program to be conducted on the proposed dredged material in accordance with the standard procedures outlined in conditions of ACOE IP #2001100328-SKB, Evaluation of Dredged Material Proposed for Discharge in Waters ofthe U.S. (Inland Testing Manual [ITM]) (EPA/USACE 1998) and regional guidance of the USACE regulatory branch (USACE 1991). 3.0 METHODS Sediment testing was performed in accordance with the requirements of regulatory permits and the "Evaluation of Dredge Material Proposed for Discharge in Waters of the U.S. -Testing Manual" (Inland Testing Manual) (Environmental Protection Agency (EPA)/U.S. Army Corps of Engineers (USACE) 1998). The methods employed followed those outlined in the Cabrillo Power I LLC, Agua Hedionda Lagoon Outer Lagoon Flood Shoal Maintenance Dredging Sediment Sampling And Analysis Plan, ACOE #2001100328-SKB (Merkel & Associates 2010). Sampling locations for the maintenance dredging of the outer lagoon and the receiver beaches follow the distribution of effort used during prior testing events (Figure I). Samples were collected by continuous core through the accumulated sands. Samples were attempted to the proposed dredge depth plus 2-feet of over dredge to a depth of-19ft MLLW. The target core depth was-19ft to -20 Merkel & Associates, inc. #10-119-01 3 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 ft from a top elevation ofthe flood shoal at 0 to +l foot MLLW. Cores were taken to the target depth or depth of refusal. Lagoon core sample distribution (Ll-L3) has been determined such that each continuous core represents approximately one third of the dredge material volume to be removed. Coordinates and target penetration are shown for each sampling site in Table 2. Actual sampled locations were recorded to a ±3 meter accuracy using differential GPS. Receiver beaches were sampled at high (+5 to +7 feet MLLW) and low (-2 to +1 feet MLLW) intertidal elevations. Samples consisted of surface sands collected by using a 6-inch deep hand core. Beach samples were collected from Carlsbad State Beach at the north (RB 1 ), middle (RB2), and south (RB3) beaches where material is to be placed. Sampling coordinates for beach sites are provided in Table 2. Table 2. Actual Sample Locations at Tidal Basin and Receiver Location Approx. Sample Target Site Volume Longitude Latitude Penetration (ydJ) Location (ft) Shoal L-1 117° 20'31" 33° 08'44" 19 350,000 L-2 117° 20'29" 33°08'41" 19 (Outer Lagoon) L-3 117° 20'26" 33° 08'38" 19 Receiver Site RB-I 117° 20'55" 33° 08'59" 0.5 RB-2 117° 20'29" 33° 08'30" 0.5 (Beach) RB-3 117° 20'19" 33° 08'13" 0.5 3.1 CORE LOGGING AND SAMPLE HANDLING Core samples were carefully extruded onto clean trays, photographed, and observed for unique strata, color, odors, etc. These observations, along with information on weather, currents, tides, winds, and other site conditions were recorded in field logs (Appendix A). Photographs of the cores were taken to provide a visual documentation of sediment character (Appendix B). The following information was recorded during the sediment collection program in a project-specific field log: • Date and time of collection • Sample identification code • Sampling location (latitude/longitude to within a 3-meter accuracy) • Water depth or elevation(± 0.1 ft) • Tidal stage • Climatic conditions • Sampling method and any problems encountered • Core penetration/core recovery • Description of the material type obtained in the samples (color, odor, etc.) • Description of any vertical stratification in each core • Description of sediment subsampling methods if any required Sediment stratification has not been observed in any of the prior characterizations of the flood shoal and no significant stratification was observed in the present effort. As a result, a composite sample was collected from the entire core length. Collected sediments were kept separate in individual Merkel & Associates, Inc. #10-119-01 4 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 sample containers labeled with individual sample identification, date and time of collection, and stored with ice packs at approximately 4°C until analyzed by the laboratory. Each core sample was thoroughly homogenized in clean, non-contaminating stainless steel mixing vessels and sub-sampled for archive purposes. All recovered sediments were included in the homogenized sample. Receiver beach sediments were collected and processed similarly to the dredge site sediments for compatibility assessment. High and low beach samples at each site were combined to characterize each sample site. All samples were processed as bulk samples with no sub-sampling or stratified sampling. Because these sediment samples were limited to 6-inch surface grabs, no core logs were prepared for beach sampling. Proper record keeping and chain-of-custody procedures were followed to allow samples to be traced from collection to their final disposition. Sample container identification information was recorded on the chain-of-custody form. The chain-of-custody forms identified the sampling organization, point of contact, sample collection date and time, type of sample, and project. The form also served as a sample analysis request form. Samples were sent to the laboratory along with a chain-of-custody form specifying the sample identification and the analyses to be conducted (Appendix C, in laboratory report). A second set of samples were taken from each of the composite sand samples. This set was collected to produce an archive for in case additional testing is requested. The archived samples were put into labeled glass jars with teflon-lined lids and frozen at Merkel & Associates, Inc. Samples will be held for a minimum period of three months following collection. Following this period the samples will be disposed of unless the client requests transfer of the sample. 3.2 PHYSICAL ANALYSES The study analyses included: • Grain size analyses were performed by Calscience Environmental Laboratories, Inc. and its sub-contractors on the test composite and receiver site samples following the EPA/USACE- approved ASTM 0422 and ASTM D4464M methods. Percent sand, silt, and clay were reported to 0.01 percent, along with the corresponding millimeter and phi sizes and a cumulative grain size distribution diagram (Appendix C). • Total Organic Carbon (TOC) was determined by Calscience Environmental Laboratories, Inc. in accordance with EPA 9060A. TOC was tabulated as percent carbon by sample weight. All six samples (Ll-L3 and RB1-RB3 (high and low beach composites)) were analyzed for TOC and grain size distribution. In addition to simple presentation of the shoal and beach data relative to one another, a composite grain size gradation envelope was determined to evaluate sediment grain size compatibility. The composite grain size gradation envelope was prepared by plotting curves derived from the highest and lowest percentage of material recorded for each fractional size class. This was plotted with the mean sediment gradation curve of the dredged material to evaluate sediment compatibility. Merkel & Associates, Inc. #10-//9-01 5 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 4.0 RESULTS The shoal cores were successfully collected at all three locations with near full penetration to target depth. The target penetration was 19 feet at all three locations. The obtained penetration depths were 15 feet at L1 and L2, and 17.5 feet at L3. All three cores met significant refusal before being recovered. The length ofthe recovered cores was 12 feet, 13.5 feet, and 11.6 feet for Ll, L2, and L3, respectively. The Outer Lagoon samples ranged from 97.24 to 98.46 percent(%) sand, and averaged 97.98% sand (Table 3). The average of the median particle size per sample was 0.28 mm within the lagoon. TOC values for the Outer Lagoon ranged from non-detectable above the 0.05% reporting limit (ND) at L 1 to 0.08% at L3 (Table 3). At L2, TOC was 0.07%. There was no significant organic matter observed in any of the samples. However, there was a 0.7-foot section ofL3 that had a notable anoxic odor. The section was located from 4.6 to 5.3 feet below the surface and was likely due to the decomposition of eelgrass and algae that was trapped within the shoal. Sediments from the proposed beach receiving sites ranged from 98.69 to 99.46% sand, and averaged 99.07% sand. The average median particle size was 0.32 mm. The TOC values for the beach sites were all below the 0.05% reporting limit. The raw laboratory grain size and TOC results for the Outer Lagoon and receiver beaches are provided in Appendix C. Field logs of the sampling and core photos for Lagoon samples are provided in Appendix A and B, respectively. Grain size distribution data for the dredge and receiver areas were used to prepare gradation curves for each sample (Figure 2). Test results in 2010 were similar to those reported for prior maintenance dredging of the lagoon. Table 4 compares the average median grain size of sediments tested from the Outer Lagoon and beach receiving sites. Historically, sediments from the lagoon and beach receiving sites have been fine sands with recent sampling periods ranging from fine to medium sands. The lagoon sands have typically contained slightly finer grain size relative to the receiving beaches with the exception of 2008. Merkel & Associates, Inc. #10-119-01 6 c Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 Table 3. Results of grain size and TOC analyses on sediment samples from the Outer Lagoon, 2008 Percent Content (%) Mean Percent Content (%) Particle Station No. Gravel Sand Silt Clay Size (mm) TOC OUTER LAGOON Ll 0.0 98.46 1.12 0.41 0.32 ND* L2 0.0 98.25 1.29 0.46 0.28 0.07% L3 0.0 97.24 2.13 0.63 0.23 0.08% Average 0.0 97.98 1.54 0.50 0.28 -- RECEIVING BEACH RBI 0.0 98.69 0.86 0.46 0.24 ND* RB2 0.0 99.46 0.31 0.23 0.46 ND* RB3 0.0 99.05 0.58 0.37 0.27 ND* Average 0.0 99.07 0.58 0.35 0.32 -- * ND = Not detected above Reporting Limit of 0.05% w:w Sediment grain sizes between 0.125 and 0.250 are classified as fine sands; thus, sediments within the Outer Lagoon are predominantly fine sand, and the proposed beach receiving sites were similar. Merkel & Associates, Inc. #10-119-01 7 Agua fledionda Lagoon Outer Lagoon Sediment Characterization Report December 20/0 A Dredge Area L 1 100 • Dredge Area L2 • Dredge Area L3 -• •• 80 • A. • Reciever Beach {1. RB1 •• • A Q) en • Reciever Beach • Ill ... RB2 60 c to~. Q) (,) Reciever Beach • ... A A Q) RB3 0.. ... • or: en • • a; AA• 40 ~ ~ or: 0) • •• a; A A. ~ Q) > • A • ;; 20 ~ ~ .A E • A ~ ••• 0 • .A. •nC•• n '1-011-0• 0 1 0.1 0. 1 -20 Grain Size (mm) Figure 2. Sediment grain size distribution for O uter Lagoon dredge areas and Receiver Beaches Merkel & Associates, Inc. #10-119-01 8 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 Table 4. Historical comparison of median grain size based on previous testing associated with maintenance dredging of outer Agua Hedionda Lagoon Median Grain Size (millimeters) Station No. 2010 2008 2006 2002 2000 1997 1995 1993 OUTER LAGOON L1 0.32 0.424 0.237 0.148 0.178 0.195 0.158 0.177 L2 0.28 0.300 0.251 0.173 0.175 0.198 0.148 0.146 L3 0.23 0.233 0.165 0.123 0.149 0.124 0.168 0.12 Average 0.28 0.32 0.22 0.15 0.17 0.17 0.16 0.15 RECEIVING BEACH RBI 0.24 0.374 0.576 0.317 0.289 -0.174 0.197 RB2 0.46 0.275 0.207 0.221 0.276 0.214 0.194 0.19 RB3 0.27 0.270 0.193 0.18 0.157 0.199 0.201 0.151 Average 0.31 0.31 0.33 0.24 0.24 0.21 0.19 0.18 * Samples collected from low and subtidal zones; sampling smce 1995 has been from low and upper mtertldal zones. The grain size envelop for the receiver beaches fully encompasses the mean sediment distribution curve for the dredge material (Figure 3). This indicates that the dredge material to be removed from the Outer Lagoon flood shoal is compatible with the sands represented on the receiver beaches. The median sand grain size suggested slightly larger sand particle sizes exist on receiver beaches than within the shoal than, however overall, the shoal sand is comparable to the receiver beaches. 5.0 DISCUSSION Sediments in the maintenance dredging area have accumulated over a very short time period from high-energy littoral sand sources. Maintenance dredging testing has regularly indicated that dredged materials have very high sand fractions and very low TOC. Sediments of this character typically do not retain contaminants and thus there was no reason to suspect contamination of the maintenance dredging area. Based on this condition sediments for beach replenishment purposes meet the ITM Tier 1 exclusion criteria and therefore do not warrant testing or analysis beyond beach compatibility assessments. For this reason, testing was completed to confirm grain size distribution and TOC as a means of verifYing compatibility with receiver beaches. Sediment characteristics of proposed dredge material and beach sites were similar with each of the test locations having significantly greater than 90% composition of sands ranging from fine to very coarse. The average median grain sizes for the shoal and receiver beaches were 0.28 and 0.31 millimeters, respectively. All sites had low or non-detectable TOC concentrations. Merkel & Associates, Inc. #10-1 19-01 9 0 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 ~ L -J: 0) ~ G) > i :; E :::J u 100 80 60 40 20 -Mean Dredge Sand Receiver Beach Composite Envelope OL-~~==~~--~--------------------------~----~- 5.0000 0.5000 0.0500 0.0050 0.0005 Grain Size (mm) Figure 3. Composite grain size envelope analysis of dredge sand compatibility with receiver beach. The grain size compatibility between the shoal and receiver beaches is further supported by the results of the composite grain size envelope analysis. That analysis revealed that the mean dredge sand composition is well within the range of sand compositions found on the receiving beaches. These results indicate that sediments of the proposed beach receiving sites are compatible with those from the Outer Lagoon. It was expected that the test results for the lagoon sediments and the beach sites would be similar, due to the fact that the primary source of sediment in the Outer Lagoon is the littoral sand that is trapped within the lagoon. 6.0 REFERENCES American Society for Testing and Materials (ASTM). 1967. Standard Methods for Grain-Size Analysis of Soils. ASTM Designation D422-63, Part II. Environmental Protection Agency (EPA)/U.S. Army Corps of Engineers (USACE). 1998. Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S., Testing Manual: Inland Testing Manual. EPA Reference 823-B-98-004. February. MEC-Weston, Inc 2004. Cabrillo Power 1 LLC Agua Hedionda Lagoon Field Investigations for Outer Lagoon Dredging, Data Report November 2004. Merkel & Associates, Inc. #10-119-01 10 -------------------~-------------------- c Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report December 2010 MEC 2002. Agua Hedionda Lagoon, Field investigations for outer lagoon dredging. Submitted to Cabrillo Power, October 2002. MEC Analytical Systems, Inc., September 4, 2002. Cabrillo Power I LLC Agua Hedionda Lagoon 2002 Outer Lagoon/Beach Sediment Sampling and Analysis Plan. MEC 2000. Agua Hedionda Lagoon, Field investigations for outer lagoon dredging. Submitted to Cabrillo Power, September 2000. MEC 1997a. Agua Hedionda Lagoon, Field investigations for middle lagoon dredging. Submitted to SDG&E, April 1997. MEC 1997b. Environmental Conditions and Potential Impacts Associated With Dredging the Inner Section of Agua Hedionda Lagoon. Submitted to SDG&E, May 1997. MEC 1995. SDG&E Encina Power Plant, Agua Hedionda Lagoon dredge sediment analysis. Submitted to SDG&E, June 1995. MEC 1993. Field investigations for lagoon dredging. Submitted to SDG&E, November 1993. Merkel & Associates, Inc. 2008. Cabrillo Power I LLC, Agua Hedionda Lagoon Outer Lagoon Flood Shoal Maintenance Dredging Sediment Characterization Report, ACOE #2001100328- SKB. December 2008. Merkel & Associates, Inc. 2010. Cabrillo Power I LLC, Agua Hedionda Lagoon Outer Lagoon Flood Shoal Maintenance Dredging Sediment Sampling And Analysis Plan, ACOE #2001100328-SKB. November 2010. Merkel & Associates, Inc. #10-119-01 11 0 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report APPENDIX A. FIELD CORE LOGS Merkel & Associates, Inc. #10-1 19-01 AGUA HEDIONDA LAGOON MAINTENANCE DREDGING SEDIMENT CHARACTERIZATION STUDY STATION: L l DATE: P[J LIQ LAT./LONG. NORTH:i}~ 11 tf1,70S" PROJECT DEPTH: __ ____,,__ , WATER DEPTH:._C)_._~-- WEST: fiJ0.1(}'1J. .)-,s 11 TIDE+/-: ___ _ CORRECTED WATER DEPTH: ___ _ TIME: /'/ '/) hrs. CORE NUMBER:. _ ____:L=--.:__1 ____ _ TARGET PENETRA TION:.__:_I_q_l ____ _ /.!S' ACTUAL PENETRATION: _______ _ PERCENT (actual/target): 7 <1 % *target penetration or to refusal OBSERVATIONS: TOP OF CORE 0 lfft lUi c;, -lift L;_s~+ r~'"'f• F':n, /tr1tdlllfl" 1-u•ifl ,,, ,,.,~# Jo,/\ f,.1,11ftdiJ"" r,.il' BOTTOM OF CORF ADDITIONAL COMMENTS: PHOTO TAKEN: @No RECORDER:. _ _,fl.!..:.f\....::.._ __ _ CORE DEPTH: ___ _ WEATHER: (circle) SKY: sunny,~ overcast, rain SEA STATE: 0, (1) 2, Is there a plug? YES I @ BEAUFORT SCALE 3, 4 Is Plug SOLID or LOOSE san< SOLID I LOO~ · U.,l\ COLOR of plug? TAN, BROWN, GRA , BLACK, GREEN GRAINSIZE of plug? COARSE SAND, @UM SAND, FINE SA) TANCLAY, SANDSTONE SHELL DEBRIS? YES I €9) SMELL? NONE, ORGANIC. OIL, OTHER: Docs retrieval of core cause an OIL SHEEN~ YES I @ Ll 0 AGUA HEDIONDA LAGOON MAINTENANCE DREDGING SEDIMENT CHARACTERIZATION STUDY STA TION:~L-'J;,.__~ DATE J)/J//6 TIME: I~: Cll hrs. LAT./LONG. NORTH: 3'3• g I LJ/4 WESTi/7 • :JO I J'f rl CORE NUMBER:. ___ L=-2,=------- TARGET PENETRA TION: __ Jq_' _____ _ ACTUAL PENETRA TION: __ J_fi_1 ____ _ PERCENT (actual/target): JCZ % "target penetration or to refusal OBSERVATIONS: PROJECT DEPTH: ___ _ WATER DEPTH: __ O __ _ TIDE+/-: CORRECTED WATER DEPTH: ___ _ CORE DEPTH: ___ _ WEATHER: (circle) SKY: epartly cloudy, overcast, rain SEA STATE: BEAUFORT SCALE ,--(;0:\ I, 2 3, 4 Is there a plug?@ I NO Is Plug SOLID or LOOSE san1 SOLID I~ COLOR of plug? TAN, BROWN.~ BLACK, GREEN GRAINSIZE of plug? COARSE SAND, MEDIUM SAND,~ TANCLAY. SANDSTONE ~ SHELL DEBRIS? YES I @ SMELL?~ ORGANIC, OIL, ~: Gtt l . Jtt f.. J Does retrieval of core cause an OIL SHEEN? . ~ ... ~a'l'a"<J" Swtl YEs ; 6 LJ ADDITIONAL COMMENTS: PHOTO TAKEN: RECORDER:.---'-/:"-/f-'-{ --- AGUA HEDIONDA LAGOON MAINTENANCE DREDGING SEDIMENT CHARACTERIZATION STUDY ST A TION:.-----!:L=-=3=---- LAT./LONG. PROJECT DEPTH: ___ _ NORTH: Jl) 0 )()' )l" WATERDEPTH: 0. J TIDE+/-: ___ _ CORRECTED WATER DEPTH:. ___ _ DATE: /JfJ//0 WEST: j; IJ W 11'' TIME: 14 :ot hrs. CORE NUMBER: __ L-'3'---------- I c, I TARGETPENETRATION:_L_ -J-+------ n.;:l ACTUAL PENETRA TION: _ _,__.L..:...C.,.'------- PERCENT (actual/target): q 7,% *target penetration or to refusal OBSERVATIONS: TOP OF CORE 0 )~0 ~ 0 -(/,5 ft fW't~~M (.,,.;~ f ~ CORE DEPTH:. ___ _ SKY: sunny. SEA STATE: BEAUFORT SCALE 0~) I. 2, 3, 4 Is there a plug'> YES I 6 Is Plug SOLID or LOOSE san< SOLID I LOOSE COLOR of plug'> TAN, BROWN. 8 BLACK. GREEN GRAJNSIZE of plug'> COARSE SAND, MEDIUM SAND,~ TANCLAY. SANDSTONE ~ O~C,~N\C$ rrA\N(O O,lff SAtJ9 SHELL DEBRIS'> YES I G SMELL'> Q. ORGANIC, OTHER: OIL. 'I· 'i -S .. 'J, P.,ll f.t..,1 IIJSO., 1 SAND ~ Does retrieval of core cause an OIL SHEEN? YES '6 L3 /1-f.ft 5 .. t·ll., ft (...,~.,. f;., ~-;~ BOTTOM OF CORE ADDITIONAL COMMENTS: PHOTO TAKEN: @/NO RECORDER:. _ _,_H~~~------ Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report APPENDIX B. CORE PHOTOGRAPHS Merkel & Associates, Inc. #10-//9-01 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report Figure I A. L I -0 -1.5 Feet (I 0.5 -12-foot penetration) Figure lB. L I -1.5 -3.5 Feet (8.5-I 0.5-foot penetration) Figure I C. LI -3.5 -5 Feet (7 -8.5-foot penetration) Figure 10. L I - 5 -6.5 Feet (5.5 -7-foot penetration) Merkel & Associates, Inc. # 10-119-01 A-1-1 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report Figure IE. Ll-6.5 -8 Feet (4 -5.5-foot penetration) Figure tG. Ll -9.5 -10 Feet 2 -2.5-foot penetration) Figure I H. Ll -10 -12 Feet (0 -2-foot penetration) Merkel & Associates, Inc. # 10-119-01 A-1-2 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report Figure 2A. L2 -0 -2 Feet ( 11.5 -13.5-foot penetration) Figure 2B. L2-2 -4 Feet (9.5 -11.5-foot penetration) . u-l ·-. Figure 2C. L2-4 -6 Feet (7.5 -9.5-foot penetration) Figure 20. L2-6 -8 Feet (5.5 -7.5-foot penetration) Merkel & Associates, Inc. # 10-!1 9-01 A-1-3 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report Figure 2E. L2-8 -10 Feet (3.5 -5.5-foot penetration) Figure 2F. L2-I 0 -12 Feet ( 1.5 -3.5-foot penetration) Figure 2G. L2-12 -13.5 Feet (0 -1.5-foot penetration) Merkel & Associates, Inc. # 10-119-01 A-1-4 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report Figure 3A. L3 -0 -2 Feet (9.8 -11.8-foot penetration) Figure 38. L3-2 -4 Feet (7.8 -9.8-foot penetration) Figure 3C. L3-4 -6 Feet (5.8 to 7.8-foot penetration) Figure 30. L3-6-7 Feet (4.8 -5.8-foot penetration) Merkel & Associates, Inc. # 10-//9-01 A-1-5 Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report Figure 3E. L3 -7-8.5 Feet (3.3 -4.8-foot penetration) Figure 3F. L3-8.5 -I 0.5 Feet ( 1.3-3.3-foot penetration) Figure 3G. L3 -I 0.5 -11.8 Feet (0 -1.3-foot penetration) Merkel & Associates, Inc. # 10-119-01 A-1-6 c Agua Hedionda Lagoon Outer Lagoon Sediment Characterization Report APPENDIX C. LABORATORY DATA Merkel & Associates, Inc. #10-1 19-01 (.=a/science ~ r=nvironmental L aboratories, Inc. December 14, 2010 Robert Mooney Merkel & Associates 5434 Ruffin Road San Diego, CA 92123-1313 Subject: Calscience Work Order No.: 10-12-0213 Client Reference: Agua Hedionda Lagoon Dear Client: Page 1 of 16 Enclosed is an analytical report for the above-referenced project. The samples included in this report were received 12/2/2010 and analyzed in accordance with the attached chain-of-custody. Calscience Environmental Laboratories certifies that the test results provided in this report meet all NELAC requirements for parameters for which accreditation is required or available. Any exceptions to NELAC requirements are noted in the case narrative. The original report of subcontracted analysis, if any, is provided herein, and follows the standard Calscience data package. The results in this analytical report are limited to the samples tested and any reproduction thereof must be made in its entirety. If you have any questions regarding this report, please do not hesitate to contact the undersigned. Sincerely, Calscience Environmental Laboratories. Inc. Danielle Gonsman Project Manager .Ia I NELAP ID: 03220CA • DoD-ELAPID: L 10-41 • CSDLAC ID: 10109 • SCAQMD ID: 93LA0830 ~ 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL:(714) 895-5494 • FAX: (714) 894-7501 ~ l""'t+, Page 2 of 16' ·-· ..._l &; a/science r= nvironmental Analytical Report L aboratories, Inc. Merkel & Associates Date Received: 12/02110 5434 Ruffin Road Work Order No: 10-12-0213 San Diego, CA 92123-1313 Preparation: N/A Method: EPA 9060A Project: Agua Hedionda Lagoon Page 1 of 2 Lab Sample Datemme Date Dateffime Number Collected Matrix Instrument Prepared Analyzed QC Batch ID 10-12-0213-1-A 1~02/10 Solid TOC5 N/A 12103/10 A1203TOCL1 4:00 19:12 -Results are reported on a dry weight basis. Parameter Result RL DF Qual Units Carbon, Total Organic ND 590 mg/kg RB2 10-12-0213-2-A 12/02/10 Solid TOC5 NIA 12/03110 A1203TOCL1 14:15 19:12 -Results are reported on a dry weight basis. Parameter Result RL DF Qual Units Carbon, Total Organic ND 560 mg/kg RB3 10-12-0213-3-A 12/02/10 Solid TOC5 NIA 12/03110 A1203TOCL1 14:30 19:12 -Results are reported on a dry weight basis. Parameter Result RL DF Qyg! Units Carbon, Total Organic ND 570 mglkg L1 10-12-0213-4-A 12/02/10 Solid TOC5 NIA 12/03110 A1203TOCL1 13:30 19:12 -Results are reported on a dry weight basis. Parameter Result RL DF Qual Units Carbon, Total Organic ND 650 mg/kg L2 10-12-0213-5-A 12/02/10 Solid TOC5 NIA 12/03110 A1203TOCL1 14:45 19:12 -Results are reported on a dry weight basis. Parameter Result RL DF Qyg! Units Carbon, Total Organic 660 660 1 mg/kg L3 10-12-0213-6-A 1fs>:~10 Solid TOC5 NIA 12/03110 A1203TOCL1 5: 0 19:12 -Results are reported on a dry weight basis. Parameter Result RL DF Qual Units Carbon, Total Organic 780 650 mg/kg .Ia J RL-Reporting Limit • DF-Dilution Factor . Qual -Qualifiers ~ 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL:(714) 895-5494 • FAX: (714) 894-7501 C a/science -• = nvironmental L aboratories, Inc. Merkel & Associates 5434 Ruffin Road San Diego, CA 92123-1313 Project: Agua Hedionda Lagoon Parameter Result Carbon, Total Organic ND Analytical Report Date Received: Work Order No: Preparation: Method: Lab Sample Date/Time Number Collected Matrix ~13-539 NIA Solid RL DF Qyg! 500 J a I RL -Reporting Limit ' OF-Dilution Factor ' Qual-Qualifiers Date Instrument Prepared TOCS NIA Units mglkg Page 3 of 16 12/02/10 10-12-0213 N/A EPA 9060A Page 2 of2 DatefTime Analyzed QC Batch ID 12103110 A1203TOCL 1 19:12 ~ 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL:(714) 895-5494 • FAX: (714) 894-7501 0 L = a/science r_nvironmental Quality Control-Spike/Spike Duplicate L aboratories, Inc. Merkel & Associates 5434 Ruffin Road San Diego, CA 92123-1313 Project Agua Hedionda Lagoon Quality Control Sample ID IL3 Parameter Carbon, Total Organic Matrix Solid MS%REC 92 .Ia 1 RPD -Relative Percent Difference , CL-Control Limit Date Received: Work Order No: Preparation: Method: Date Instrument Prepared TOCS NIA MSD%REC %RECCL RPD 90 75-125 2 Page 4 of 16 · Date Analyzed 12103110 RPDCL 0-25 12/02110 10-12-0213 N/A EPA 9060A MS/MSD Batch Number A1203TOCS1 I Qualifiers ~ 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL:(714) 895-5494 • FAX: (714) 894-7501 c L= a/science ~ ..-_nvironmental Quality Control -Laboratory Control Sample L aboratories, Inc. Merkel & Associates 5434 Ruffin Road San Diego, CA 92123-1313 Project: Agua Hedionda Lagoon Quality Control Sample ID Matrix 1 099-06-013-639 Solid Parameter Carbon, Total Organic Instrument TOCS Cone Added 6000 .II I RPD -Relative Percent Difference . CL-Control Limit Date Received: Work Order No: Preparation: Method: Date Analyzed LabFileiD 12103/10 NONE Qonc Recovered LCS %Rec 5959 99 Page 5 of 16 N/A 10-12-0213 N/A EPA 9060A LCS Batch Number A1203TOCL1 %RecCL Qualifiers 80-120 ~ 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL_:(714) 895-5494 • FAX: (714) 894-7501 L-a/science =- 0 Page 6 of 16' .. _nvironmental Glossary of Terms and Qualifiers L aboratories, Inc. Work Order Number: 10-12-0213 Qualifier * < > 1 2 3 4 5 B BU E ET J ME NO Q X z Definition See applicable analysis comment. Less than the indicated value. Greater than the indicated value. Surrogate compound recovery was out of control due to a required sample dilution, therefore, the sample data was reported without further clarification. Surrogate compound recovery was out of control due to matrix interference. The associated method blank surrogate spike compound was in control and, therefore, the sample data was reported without further clarification. Recovery of the Matrix Spike (MS) or Matrix Spike Duplicate (MSD) compound was out of control due to matrix interference. The associated LCS and/or LCSD was in control and, therefore, the sample data was reported without further clarification. The MS/MSD RPD was out of control due to matrix interference. The LCS/LCSD RPD was in control and, therefore, the sample data was reported without further clarification. The PDS/PDSD or PES/PESO associated with this batch of samples was out of control due to a matrix interference effect. The associated batch LCS/LCSD was in control and, hence, the associated sample data was reported without further clarification. Analyte was present in the associated method blank. Sample analyzed after holding time expired. Concentration exceeds the calibration range. Sample was extracted past end of recommended max. holding time. Analyte was detected at a concentration below the reporting limit and above the laboratory method detection limit. Reported value is estimated. LCS Recovery Percentage is within LCS ME Control Limit range. Parameter not detected at the indicated reporting limit. Spike recovery and RPD control limits do not apply resulting from the parameter concentration in the sample exceeding the spike concentration by a factor of four or greater. % Recovery and/or RPD out-of-range. Analyte presence was not confirmed by second column or GC/MS analysis. Solid -Unless otherwise indicated, solid sample data is reported on a wet weight basis, not corrected for % moisture. 7440 Lincoln Way, Garden Grove, CA 92841-1427 • TEL:(714) 895-5494 • FAX: (714) 894-7501 SIEVE and LASER PARTICLE SIZE SUMMARY (METHODOLOGY: ASTM D422104464M) Petroleum Services Co. : Calscience Environmental Laboratories, Inc. Proj. Name: Core Lab File No : 57111-4101 02EN Date: 12114/2010 Proj. No. : 10-12-0213 Grain Size Median Component Percentages Silt Description Grain Size, · I Sand Size I & SampteiD ~Mean from Folk\ mm Gravel IVCoarset Coarse I Medium I Fine I VFine I Silt I Clay Clay RB1 fgr 0.24 0.00 1.65 5.17 41.29 45.89 4.69 0.86 0.46 1.3 RB2 mgr 0.46 0.00 8.42 35.27 43.06 12.03 0.68 0.31 0.23 0.5 RB3 mgr 0.27 0.00 2.78 8.39 47.71 37.06 3.11 0.58 0.37 0.9 L1 mgr 0.32 0.00 3.34 17.24 46.42 26.98 4.48 1.12 0.41 1.5 L2 mgr 0.28 0.00 3.28 12.26 42.85 35.30 4.56 1.29 0.46 1.8 L3 fgr 0.23 0.00 1.68 5.60 35.20 46.26 8.50 2.13 0.63 2.8 () 0 '1J Q) (C (1) ....... 0 -...... ()) Company : Calscience Environmental Laboratories, Inc. Proj. Name: Proj. No.: 10-12.0213 Sieve and Laser Particle Size Analysis (Metric) C.L. File No.: 57111-410102EN Date: 12/14/2010 Sample I Component Percenta!les ·1 Percentiles I Sortinq Statistics (Folk) I 10 Gravel l Sand I Fines I Particle Diameter lmml I Median I Mean l Sorting I Skew. I vcgr I cgr I mgr I f!Jr I vf!lr I silt I clay I s I 10 I 16 I 2s . I 40 I so T 75 I 84 J so J 95 l mm mm • Kurt. RB1 0.00 RB2 0.00 RB3 0.00 L 1 0.00 L2 0.00 L3 0.00 1.65 5.17 41.29 45.89 4.69 ! 0.86 ! 0.46 i § 8.42 35.27 43.06 12.03 o.581 0.31 I 0.23 I ~ l ~ 2.78 8.39 47.71 37.06 3.11 1 o.58 1 o.37 i ! ! i i i 3.34 17.24 46.42 26.98 4.48 ! 1.121 0.41 I ! i ! 3.28 12.26 42.85 35.30 4.56 i 1.29 i 0.46 i I i I ! : 1.68 5.60 35.20 46.26 8.50 ! 2.13 i 0.63 ~ ~ i I 0.553910.43811 0.3789j 0.3274! 0.272310.244610.18461 0.1616! 0.142310.1192 ~~~~~~~~~--~··,-·l•i• 1 • i I I ' . 1.1386, o.944s •1 o.8o65! o.61o11 o.5262 o.4558i o.3152 o.2664l o.23oo! o.19o8 I • I ' l ~ ~···~~~ ~ ~ ~~· . 0.7637 0.5204,0.4310 0.3662,0.3041 0.2738,0.2078 0.181610.159910.1329 ~ ~~~ ~~~ ~~· ·~·~· 0.862611 0.6639! 0.5510. 0.45691 0.3636 0.31761 0.2188.0.18061 0.1503i 0.1170 ~ ~1•1~1~1~~• •1•1 • l I . i I I . I 0.8520. 0.6158 I 0.48911 0.39781 0.3148'1 0.2769 0.1997 0.1701ll 0.1458 I 0.1150 ~'·1~~,~~~ ~··. •!• 0.5843 1 10.439310.3707 I 0.31431 0.2566if 0.228210,1656 0.1407j 0.1202! 0.0928 cgr 1 mgr i mgr i mgr I mgr fgr i fgr fgr j vfgr ! vfgr •• Particle-size distribution pattern precludes calculation of these statistical parameters 0.245 I I 0.246 I 0.643 I .0.04611.099 fgr j fgr iod. Welrr sym mesokurtlc 0.456 • 0.461 I 0.790 ! -o.028I 0.970 mgr I mgr Mod. r1 ear sym mesokurtic o.274 .1 o.21a 1 o.694 j-0.112 1.264 mgr mgr f'A<'d. Well coarse lleptokurtic 1. 0.316 I 0.839 I 0.006 I 1.112 0.318 mgr 0.277 mgr 0.228 fgr mgr j Mod. ~ear sym leptokurtic 1 0.285 : 1 · 0.8191.0.100 1.191 I mgr Mod. 1 coarse leptokurtic ! 0.228 I 0.751 I -o.012 1.176 I fgr i Mod. rear sym leptokurtic 0 "0 Q) co CD CX> 0 -...... (J) 20.0 15.0 5.0 0.0 4.00000 Company : Calscience Environmental laboratories, Inc. Proj. Name: Proj. No.: 10-12-0213 Sieve and Laser Particle Size Analysis ~ ..... ~ r ~ t , ~ _J; ~ ~h . 1.00000 0.25000 0.06250 0.01562 0.00391 Diameter, mm Page 9 of 16 Cl File No. : 57111-410102EN Sample 10 : RB1 100.0 75.0 ae. .z s:. 50.0 l J i :I E :I 25.0 (J 0.0 0.00098 16.0 12.0 ~ ~ 1,) c 8.0 Cll ::1 r 1&. 4.0 0.0 Company : Calscience Environmental Laboratories, Inc. Proj. Name: Proj. No. : 10-12-0213 0 Page 10 of 16 CL File No.: 57111-410102EN Sample ID : RB2 Sieve and Laser Particle Size Analysis 100.0 ~ -..... / ; 75.0 , ~ .z J:. !1J 1 ; 50.0 I ; r-::1 , E ::1 (,) ~ 25.0 -~ ,l rl~ 0.0 4.00000 1.00000 0.25000 0.06250 0.01562 0.00391 0.00098 Diameter, mm Parli!!IA W'Aiaht% Parameter Trask Inman Folk IUSMashl nn. rmm ,. nncl.l rcum. 5 g:m:~g 4.~~~0 :gg ~.000 0.~ Median Madlum sand slzad Granule 6 3.36359 0.000 0.00 7 0.111355 2.82843 -1.50 0.000 0.00 (In) 0.0179 0.0179 0.0179 180 g:g~~~g ~-~~~6 :t~g g:g~g o.~g 0.0 (mml 0.4558 0.4558 0.4558 12 ~:g~~m 1.68~!1! -0.~~ ~:~~~ l/.48 verse 14 1.41421 -0.50 1.71 Sand 16 0.046819 1.18921 -0.25 2.486 4.20 ----------------~g-------t.su~~----~~~a~-----+~-----+~------1~"1!1"" (In) 0.0194 0.0182 0.0181 Coarse 25 0.027839 0.70711 0.50 7.869 22.15 (mml 0.4929" 0.4635 0.4609 Sand 30 0.023410 0.59460 0.75 10.127 32.28 ·----------------~~-------~~su~~~----«~i~Si~-----+~~------~an------~t.~B--Sortino Mod. Medium 45 0.013919 0.35355 1.50 11.988 67.77 1.459 0.575 0.790 Sand 50 0.011705 0.29730 1.75 10.592 78.36 ----------------~g _______ !J .. gg!!~~----.9 .. ~~1!~~-----+~~------~~1~------~-~---::;Kewness I Near 0 0. 082 0.2102 . .89 92. Fine 80 0.006960 0.17678 2.50 3.549 96.19 1.009 -0.040 -0.028 Sand 100 0.005852 0.14865 2.75 1.849 98.04 ----------------u~------~~s&mA----H~n~------~~~~------8~t~------~~~t&---u oss vs:~~e ~~g 0.003480 g:g~m ~:~~ 0.168 ~~-27 0.249 0.612 0.970 0.002926 0.114 9.38 230 g:gg~~~~ g:gm~ ::~ Kg~~ 99.46 r e s 270 99.51 GCllllllL I Sand ;Ja.v I Sllt+ClaV_ 325 0.001740 0.04419 4.50 0.037 99.55 400 0.001463 0.03716 4.75 0.029 99.58 0.00 99.38 0.39 0.23 0.62 Silt 450 0.001230 0.03125 5.00 0.026 99.61 500 0.001035 0.02628 5.25 0.024 99.63 635 0.000870 0.02210 5.50 0.020 99.65 .:;r.,r:;,eh~11!! 1 0.000732 0.01858 5.75 0.018 99.67 0.000615 0.01562 6.00 0.015 99.68 0.000517 0.01314 6.25 0.015 99.70 5 0.0448 1.1386 -0.1872 0.000435 0.01105 6.50 0.015 99.71 0.000366 0.00929 6.75 0.015 99.73 10 0.0372 0.9448 0.0819 0.000308 0.00781 7.00 0.012 99.74 0.000259 0.00657 7.25 0.009 99.75 16 0.0318 0.8065 0.3102 0.000217 0.00552 7.50 0.007 99.76 g:ggg~~~ g:gg~~~ ~:b~ g:gg~ ~~J~ 25 0.0264 0.6707 0.5763 K~~~~; K~~~~g g:~g ~:~~~ ~H~ 40 0.0207 0.5262 0.9263 0.000091 0.00232 8.75 0.022 99.81 50 0.0179 0.4558 1.1336 Clav 0.000077 0.00195 9.00 0.030 99.84 0.000065 0.00164 9.25 0.037 99.88 75 0.0124 0.3152 1.6656 0.000054 0.00138 9.50 0.040 99.92 0.000046 0.00116 9.75 0.037 99.96 84 0.0105 0.2664 1.9085 0.000038 0.00098 10.00 0.027 9999 0.000032 0.00082 10.25 0.013 100.00 90 0.0091 0.2300 2.1204 0.000027 0.00069 10.50 0.001 100.00 0.000023 0.00058 10.75 0.000 100.00 95 0.0075 0.1908 2.3898 0.000019 0.00049 11.00 0.000 100.00 0.000016 0.00041 11.25 0.000 100.00 0.000015 0.00038 11.50 0.000 100.00 •• Distribution panem prociUdes catculalion of these statistical paramelen;. 20.0 15.0 a'! ~ i 10.0 :I l IL 5.0 0.0 4.00000 Granule vern Sand Coarse Sand 25 30 Company : Calscience Environmental Laboratories, Inc. Proj. Name: Proj. No.: 10-12-0213 Sieve and Laser Particle Size Analysis l ) ~ ~ l1' 1 ~ ; ~ ~ n.,___ ~-II 1.00000 0.25000 0.06250 0.01562 0.00391 Diameter, mm 0.027839 0.70711 (mml 0.023410 0.59460 Page 11 of 16 CL File No.: 57111-410102EN Sample ID : R83 100.0 75.0 a'! ,.; .c .2' 50.0 ~ ! :I E :I 25.0 () 0.0 0.00096 0.2870 0.2797 0.2777 ----~~-------~~8lH~~----Hr~~- Medium 45 0.013919 0.35355 1.50 10.486 27.56 1.328 0.649 0.694 Sand 50 0.011705 0.29730 1.75 14.511 42.17 1.007 ·0.351 -0.112 0.220 1.023 1.264 0.001740 0.001463 0.00 98.85 0.78 0.37 1.15 Silt 0.001230 0.001035 0.000870 0.000732 0.000615 0.000517 5 0.0301 0.7637 0.3666 0.000435 0.000366 10 0.0205 0.5204 0.9422 0.000308 0.000259 16 0.0170 0.4310 1.2144 25 0.0144 0.3682 1.4495 40 0.0120 0.3041 1.7172 0.000109 0.000091 50 O.Q108 0.2738 1.6689 Clav 0.000077 0.000065 75 0.0082 0.2076 2.2671 0.000054 0.000046 9.75 64 0.0071 0.1616 2.4613 0.000038 10.00 0.000032 10.25 90 0.0063 0.1599 2.6446 0.000027 10.50 0.000023 10.75 95 0.0052 0.1329 2.9114 0.000019 11.00 0.000016 11.25 0.000015 11.50 •• Distribution panem pre<:ludes calculation of these sta~stica1 parameters. 16.0 12.0 ~ ~ c: 8.0 • ::ll r 1&. 4.0 0.0 4.00000 Granule ~ 7 lo verse ~~ Sand 16 18 Coarse ~~ Sand 30 35 Medium :~ Sand ~g Fine ~g Sand i~g vs:::.. l~ ~~g 325 400 Silt 450 500 635 Clav 1"' .. Page 12 of 16 Company : Calsclence Environmental Laboratories, Inc. CL File No.: 57111-410102EN Sample ID : L 1 Proj. Name: Proj. No. : 10~12-0213 Sieve and Laser Particle Size Analysis .~ 100.0 ;I ~ ...... -'-75.0 ~r-~ E ~ ; ~ 50.0 I " ::ll E r-~ ::ll (,.) 25.0 l' k& ,/ ~h 0.0 1.00000 0.25000 0.06250 0.01562 0.00391 0.00098 Diameter, mm ~ 5011 r• -................ Trask Inman Folk 1mm1 ~:~~m~ ;:~g~ :t~ ~:~~ g:gg Median 8:gH~i! 2.82843 -1.50 0.000 0.00 llnl 0.0125 0.0125 0.0125 ~:~~~~ :~:~g g:ggg g:gg (mm) 0.3176 0.3176 0.3176 ~:~;m~ um~ :g:~g ~:~~~ ~-~~ Mean Medium sand 0.046819 v,::~~ ~-~ ~:;~~ J:: 0.039370 (In} 0.0133 0.0124 0.0124 g:~~~~~: g:nm g:~~ ~:~~ ~:~g (mmJ 0.3378 0.3154 0.3161 g:g~:~~ g:;~:o ~:~~ 4.983 ~~:;: 7.094 Sortino Mod. g:gl~~~~ g:;~rs~ l:~~ 192~61°3 ~~:g~ 1.445 0.572 0.839 g:g~m~ o.25ooo g~ g:~~~ ~:~ g:g:~ g:nm ~:~~ 1.,~6°ri>J ~:~~ 0.995 -0.001 0.006 g:g~:~~ 0.14865 ~:~~ 5.557 :g:~~ 0.12500 3.691 1\UROBIS ~-~,~~ ll·!ll~!! ~-~ll <!.~t>~ ~~-~~ 0.232 0.791 1.112 0.002926 0.07433 3.75 0.676 96,14 g:gg~:~ g:~~~~~ ::~~ ~:~~~ ;::~~ 0.001740 0.04419 4.50 0.162 98.85 0.001463 0.03716 4.75 0.127 98.97 0.00 98.14 1.46 0.41 1.86 0.001230 0.03125 5.00 0.103 99.08 0.001035 0.02628 5.25 0.084 99.16 0.000870 0.02210 5.50 0.070 99.23 n,.;.;....-.;•:-•z, 0.000732 0.01858 5.75 0.059 99.29 lln.l rmml rohn 0.000615 0.01562 6.00 0.052 99.34 0.000517 0.01314 6.25 0.048 99.39 5 0.0340 0.8626 0.2132 0.000435 0.01105 6.50 0.043 99.43 !I~ 0.00929 6.75 0.039 99.47 10 0.0261 0.6639 0.5910 0.00781 7.00 0.033 99.50 15U Hl 0.027 99.53 16 0.0217 0.5510 0.6600 0.023 ~:~; g-g;g 25 0.0180 0.4569 1.1301 1:~~~~ U!~~~ u~ u~~ iU! 40 0.0143 0.3636 1.4594 50 0.0125 0.3176 1.6546 9.00 0.000065 0.00164 9.25 0.062 75 0.0086 0.2188 2.1922 0.000054 0.00138 9.50 0.067 0.000046 0.00116 9.75 0.061 99.93 84 0.0071 0.1806 2.4693 0.000038 0.00098 10.00 0.044 99.98 0.000032 0.00082 10.25 0.022 100.00 90 0.0059 0.1503 2.7345 0.000027 0.00069 10.50 0.002 100.00 0.000023 0.00058 10.75 0.000 100.00 95 0.0046 0.1170 3.0950 0.000019 0.00049 11.00 0.000 100.00 0.000016 0.00041 11.25 0.000 100.00 0.000015 0.00038 11.50 0.000 100.00 .. Distribution pattem precludes catcula1ion of these statistical parameters. c Company : Calsclence Environmental Laboratories, Inc. Proj. Name: Proj. No.: 10-12-0213 Sieve and Laser Particle Size Analysis 16.0 l ll ~ 12.0 I' ~ ~ ~ c 8.0 Q) :I 11' r:r I! 1&. ~ 4.0 bi r-w ~~ ~h 0.0 Page 13 of 16 CL File No.: 57111-410102EN Sample ID : L2 -~ 100.0 75.0 ~ .; ~ Ill j 50.0 I :I E :I 0 25.0 0.0 4.00000 1.00000 0.25000 0.06250 0.01562 0.00391 0.00098 Diameter, mm Snrtlnn W..lnht% Parameter Trask Inman Folk IUS M&ahl nn. rmml I ra nncl. 1 rcum. Granule : 0.157480 4.00000 ·2.00 0.000 0.00 0.132425 3.36359 ·1.75 0.000 0.00 7 0.111355 2.82843 -1-50 0.000 0.00 (In I 0.0109 0.0109 0.0109 8 g:g~~~!~ 2.37841 :~-~~ g:ggg g:gg 10 2.00000 (mm) 0.2769 0.2769 0.2769 versa 12 0.~~212 1.~~179 :g:~~ ~.169 0.17 14 0.055678 1.41421 0.498 0.67 Sand 16 0.046819 1.18921 ·0.25 1.034 1.70 ----------------~g-------~~sjn~----H~s~------g~~------ti§t-------Ht---lin I 0.0118 0.0114 0.0112 Coarse 25 0.027839 0.70711 0.50 2.388 7.54 (mm) 0.2987 0.2884 0.2845 Sand 30 0.023410 0.59460 0.75 3.326 10.86 ----------------~g-------~~st~~~~----H~m-----+~------~~~-------~~~~--Smtlna I Medium 45 0.013919 0.35355 1.50 9.777 31.97 1.411 0.590 0.819 Sand 50 0.011705 0.29730 1.75 12.435 44.40 ----------------~8-------~~88U1J----H~8ii-----+~~------lt.SI~------~HH--· ewnass Fine 80 0.006960 0.17678 2.50 10.510 81.99 1.018 -0.232 ·0.100 Sand 100 0.005652 0.14865 2.75 7.394 89.38 ---------------as------~~sstua----H~n~------i~~~------~-3-0.L.----i'-&S---Kurtos s .318 6. vs~!~· J~g g-gg=~ g-~~~~~ N~ ~-m :;·~~ 0.211 0.896 1.191 . 8 230 g:gg~:~ g:~~~ gg -g:m :::~~ 270 + 325 0.001740 0.04419 4.50 0.182 98.68 400 0.001463 0.03716 4.75 0.145 98.82 0.00 97.88 1.66 0.46 2.12 Silt 450 0.001230 0.03125 5.00 0.119 98.94 500 0.001035 0.02628 5.25 0.099 99.04 635 0.000870 0.02210 5.50 0.081 99.12 .t!:!l:"~l!%1 0.000732 0.01858 5.75 0.068 99.19 -nn: rohn 0.000615 0.01562 6.00 0.060 99.25 0.000517 0.01314 6.25 0.055 99.30 5 0.0335 0.8520 0.2310 0.000435 0.01105 6.50 0.050 99.35 0.000366 0.00929 6.75 0.045 99.40 10 0.0242 0.6158 0.6995 0.000308 0.00781 7.00 0.038 99.44 0.000259 0.00657 7.25 0.032 99.47 16 0.0193 0.4891 1.0319 0.000217 0.00552 7.50 0.026 99.49 g.gggm g-~~~~ H~ g.m ~~·~ 25 0.0157 0.3978 1.3300 g:g~~~: g:~~?g ::~~ g:g~~ =:g~ 40 0.0124 0.3148 1.6676 0.000091 0.00232 8.75 0.047 99.65 50 0.0109 0.2769 1.6527 Clav 0.000077 0.00195 9.00 0.060 99.71 0.000065 0.00164 9.25 0.070 99.76 75 0.0079 0.1997 2.3243 0.000054 0.00138 9.50 0.075 99.66 0.000046 0.00116 9.75 0.068 99.92 84 0.0067 '. 0.1701 2.5555 0.000038 0.00098 10.00 0.050 99.97 0.000032 0.00082 10.25 0.024 100.00 90 0.0057 0.1458 2.7775 0.000027 0.00069 10.50 0.002 100.00 0.000023 0.00058 10.75 0.000 100.00 95 0.0045 0.1150 3.1203 0.000019 0.00049 11.00 0.000 100.00 0.000016 0.00041 11.25 0.000 100.00 0.000015 0.00038 11.50 0.000 100.00 " Distribution pattern precludes catculaUon ollhese statistical paramolors. 16.0 12.0 i!- ~ c 8.0 CD :::1 C' ! 1&. 4.0 0.0 Company : Calscience Environmental Laboratories, Inc. Proj. Name: Proj. No.: 10-12-0213 0 Page 14 of 16 CL File No.: 57111-410102EN Sample 10 : L3 Sieve and Laser Particle Size Analysis 100.0 HI ~ ~ 75.0 ; "it .z z:. .2l I? ~ 50.0 t ~ ;:I .!!! :::1 E ~ :::1 0 25.0 ld: ~ h ~ 0.0 4.00000 1.00000 0.25000 0.06250 0.01562 0.00391 0.00098 Diameter, mm Panicle Size un.J 1mm1 r• Parameter Trask Inman Folk ~ g:~~~:~ 4-':'1!~1!1! ·2-!!0 ~-0~1:1 0-~~ Median Fin a Granule 3.36359 ·1.75 0.000 0.00 7 0.111355 2.82843 ·1.50 0.000 0.00 (In) 0.0090 0.0090 0.0090 8 ~:gm:~ ~-~~~~ :U~ g:ggg ~:gg 10 fmml 0.2282 0.2282 0.2282 12 g:~~~;~ U~l~~ ·0.75 1!·1:198 0.10 verse 14 ·0.50 0.264 0.36 Maan Fine sand sized Sand 16 0.046819 1.18921 -0.25 0.549 0.91 ----------------~s-------~~sin~----H~a~s------g~~~------8¥~-------H~----llnl 0.0094 0.0090 0.0090 Coarse 25 0.027839 0.70711 0.50 0.972 3.47 (mml 0.2399 0.2284 0.2283 Sand 30 0.023410 0.59460 0.75 1.442 4.91 ----------------~~-------~:stm~----H~a~------~~~------H~}------,~~~(5--sorttna Mod. Medium 45 0.013919 0.35355 1.50 7.069 18.37 1.378 0.616 0.751 Sand 50 0.011705 0.29730 1.75 10.448 28.81 -----------_____ §.Q _______ _p .. qq~!!~----H!i.Sq~-----+Q.Q. ___ --+H~------~H;---Skewness Near svmmetrlcal 70 0.00 2 . 1 2 .25 Fine 80 0.006960 0.17678 2.50 13.428 70.50 1.000 -0.042 -0.012 Sand 100 0.005852 0.14865 2.75 10.836 81.34 -------------a8------~~ssn~A----&im------H~------H-~f------~H~--s I vs:~~e ~~g g:gg~:g~ g:g;:~~ ~.50 ~:~:~ ~::~~ 0.233 0.899 1.178 .75 230 g:gg~g~ g:g~~~~ gg 0.635 ~~:~~ :omoonent e 270 0.413 + lliliL 325 0.001740 0.04419 4.50 0.305 97.96 400 0.001463 0.03716 4.75 0.238 98.19 0.00 96.60 2.77 0.63 3.40 511t 450 0.001230 0.03125 5.00 0.194 98.39 500 0.001035 0.02628 5.25 0.161 98.55 635 0.000870 0.02210 5.50 0.134 98.68 ~ .. %a:~::., 0.000732 0.01858 5.75 0.113 98.80 0.000615 0.01562 6.00 0.099 98.90 0.000517 0.01314 6.25 0.088 98.98 5 0.0230 0.5843 0.7752 0.000435 0.01105 6.50 0.078 99.06 0.000366 0.00929 6.75 0.068 99.13 10 0.0173 0.4393 1.1866 0.000308 0.00781 7.00 0.059 99.19 0.000259 0.00657 7.25 0.052 99.24 16 0.0146 0.3707 1.4317 0.000217 0.00552 7.50 0.046 99.29 gg~~~~ g:ggm ~-bg g:g:~ ~~:~~ 25 0.0124 0.3143 1.6696 g:ggm: g:gg~~g g:~g g:g:~ ~~::J 40 0.0101 0.2566 1.9627 0.000091 0.00232 8.75 0.052 99.51 50 0.0090 0.2282 2.1315 Clav 0.000077 0.00195 9.00 0.060 99.57 0.000065 0.00164 9.25 0.068 99.64 75 0.0065 0.1656 2.5944 0.000054 0.00138 9.50 0.076 99.72 0.000046 0.00116 9.75 0.076 99.79 84 0.0055 0.1407 2.8289 0.000038 0.00098 10.00 0.074 99.87 0.000032 0.00062 10.25 0.063 99.93 90 0.0047 0.1202 3.0568 0.000027 0.00069 10.50 0.046 99.!18 0.000023 0.00058 10.75 0.022 100.00 95 0.0037 0.0928 3.4291 0.000019 0.00049 11.00 0.003 100.00 0.000016 0.00041 11.25 0.000 100.00 0.000015 0.00038 11.50 0.000 100.00 " Distribution pattern predudes calculalion of these statistical parameters 7440 Lincoln Way 5063 Commercial Circle, Suite H WO #I LAB USE ONLY Date l l I Garden Grove, CA 92841-1427 Concord, CA 94520-8577 [l] ~ -~ IB [[] [}] l .. (714) 895-5494 (925) 689-9022 Page of "' 0 SoCal Laboratory 0 NorCal Service Center CHAIN OF CUSTODY RECORD ~l1.,1\ D . . Calscience Environmental Laboratories, Inc. LABORATORY CLIENT: If~-£ r ~wt.-.}-fo..<J5oC. ~ CLIENT PROJECT NAME I NUMBER: P.O. NO.: ADDRESS: "J?Lr}>-t ;.:t:.A.e; ~ ~~ P£CT CO~ACT: SAMPLER(S): (PRINT) CITY ~.17 . c~ATE C)1../t.JZIP ../.b.t vvt~~ £~~--f "7 • C> r TEL~~ !J(I) J31.ftfo I E-MAIL: kef... ( r rAO(J1I~.r1 e. N" 1 /If.. • ~ . ..,.,.. REQuESTED ANALYSES TURNAROUND TIME: / ~TANDARD -~ I 0SAME DAY 024HR 048HR 072HR ~ D COELTEDF I GLOBALID LOG CODE (.) 0 ch ~ ;:;:;-~ C; <"> ;:;:;- SPECIAL INSTRUCTIONS: 0 c:q <0 !£. 6 cr> 00 ~ 0-c::::; t::.. <;> ~ I!! <0 C; 0. s x 0 0 . ,.. ~ s I!! ,._ 0> \!" ,._ ..,. <( M' 0 = s 0 N ~ en ~ .... 6 N <.0 0 ,._ 0 0 ~ N ~ a; 0 c; 0 6 !::. 0 ,s "0 "0 0:: 0:: w ~ s 0 ~ ~ (!) Cl a:l ~ "' {:!. ,._ ~ N" s ~ = !:=-:§ "0 i!l 0 0 !i' .JB N "' ex:> c;:; 21 ~ U) e. (I) (I) -e 0 .!!! 0 (/) c: u: e m ~ Q) ~ ~ !':::::. :I: ~ ~ :§ ~ --c: rn :!2 Q) ~ f= LAB SAMPLING NO. (I) "0 ~ X en ~ 0 g ,g II) "' ::E s a. (/) :c :I: :c w 0 0 a:l <( . . ~'-b USE SAMPLE ID MATRIX OF ~ ]! ~ "' N c: 0. 0. 0. ti 0 c: > Q) 0 z N (5 ~ ~ ONLY DATE TIME CONT. :::> c. u.. ...... ...... ...... > 0 w en 0. 0. 0. ...... I ~~( Jj./1../tl) J'J{:(}'l) < tL-')( _?( ,.. te-s.!L Ji/r/,o '":In <) j_ /< X ' -~13'3 rf/f.hc) Jl;::;o 7 :J_ y X , I r e.r j_f !Vt.h D i1:5t) s a_ X .X ~ /.-.2._ I I ;1.{: 1.(5 ~ z X x_ / 0 _(, LJ I I G,'Q<} 5 .1 x ·~ Relinquished by: (Signatu~ .!::!> Receiveri~~ation) (/ F?L Date: T~'//."/5 '"0 ;t/t-Ao Q) tO CD Relinquished by: (Signature) '.6)/. Ill/ Received by: (S~tu rA71~1.: Lz t.t?L Dat'-J ~~/IJ T1me: -....... J"'•V .J/1 r~;.t tJ (11 Relinquished by: (Signature) v f v Received by: (Signature/Affiliation)V' Date: Time: 0 -....... 0'> DISTRIBUTION: White with final report, Green and Yellow to Client. 06/01/10 Revision Please note that pages 1 and 2 of 2 of our TICs are printed on the reverse side of the Green and Yellow copies respectively. A. ~ ""-" -Page 16 of 16 WORK ORDER#: 1 0-12-@) [2j [ZJIE] CLIENT: SAMPLE RECEIPT FORM Cooler _l_ of l_ DATE: 12 IZ I 10 TEMPERATURE: Thermometer 10: SC1 (Criteria: 0.0°C-6.0°C, notfroze~ Temperature 2-. .__Q_ °C + 0.5°C (CF) = Z: •$-°C Blank D Sample D Sample(s) outside temperature criteria (PM/APM contacted by: ). 0 Sample(s) outside temperature criteria but received on ice/chilled on same day of sampling. ~ceived at ambient temperature, placed on ice for transport by Courier. Ambient Temperature: D Air 0 Filter CUSTODY SEALS INTACT: ~Present o Cooler 0 0 No (Not Intact) 0 N/A o Sample 0 o No (Not Intact) ~f Not Present SAMPLE CONDITION: Yes Chain~Of-Custody (COC) document(s) received with samples ................... 12("" COC document(s) received complete ................................................... 121 0 Collection date/time, matrix, and/or# of containers logged in based on sample labels. D No analysis requested. D Not relinquished. 0 No date/time relinquished. Sampler's name indicated on COC...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12"" Sample container label(s) consistent with COC ..................................... el Sample container(s) intact and good condition ...................................... ~ Proper containers and sufficient volume for analyses requested ............... ff Analyses received within holding time ................................................. ef' pH I Residual Chlorine-/ Dissolved Sulfide received within 24 hours ........... o Proper preservation noted on COC or sample container .......................... 0 D Unpreserved vials received for Volatiles analysis Volatile analysis container(s) free of headspace ..................................... 0 Tedlar bag(s) free of condensation ...................................................... 0 CONTAINER TYPE: No 0 D D 0 0 0 D 0 0 D D Initial: 1.11 Initial: _JJ1_ Initial: 1# N/A D 0 0 0 D 0 0 w w- Er ~ Solid: 0'4ozCGJ 121'8ozCGJ D16ozCGJ DSieeve ( __ ) DEnCores® DTerraCores® D ---- Water: DVOA DVOAh DV0Ana2 D125AGB D125AGBh D125AGBp D1AGB D1AGBna2 D1AGBs D500AGB D500AGJ 0500AGJs 0250AGB D250CGB 0250CGBs D1PB D500PB D500PBna D250PB 0250PBn 0125PB D125PBznna D100PJ D100PJna2 D ___ D ___ D __ _ Air: OTedlar® DSumma® Other: D ___ Trip Blank Lot#: ____ Labeled/Checked by: -,-_,../ Container: C: Clear A: Amber P: Plastic G: Glass J: Jar B: Bottle Z: Ziploc/Resealable Bag E: Envelope Reviewed by: ---lj"""L;...._ Preservative: h: HCL n: HN03 naz:Na2S203 na: NaOH p: H3P04 s: H2S04 znna: ZnAc2+NaOH f: Field-filtered Scanned by: ~Ybb"'- SOP T100_090 (09/13/10) ''m'· ' I • ' 1-•. u Cabrillo Power I LLC Attn: Sheila Henika Encina Power Station 4600 Carlsbad Boulevard Carlsbad, CA 92008 Merkel & Associates, Inc. 5434 Ruffin Road, San Diego, CA 92123 Tel: 858/560-5465 • Fax: 858/560-7779 e-mail: associates@merkelinc.com December 28, 20 I 0 M&A #I 0-119-0 I Re: Pre-dredge Caulerpa survey in support of the ·Encina Power Station, Agua Hedionda 2010-2011 Dredging Project at Agua Hedionda Lagoon (Outer Lagoon), Carlsbad, CA Dear Sheila: Enclosed is the report for the Caulerpa survey conducted in support of the upcoming maintenance dredging in the Outer Lagoon. The survey was performed at the Eradication Level per the Caulerpa Control Protocol (Version 4.0, adopted February 25, 2008) on December 3, 6, 8, and 9, 2010 by Certified Caulerpa Surveyors using SCUBA, on foot, and by looking over the side of the vessel in shallow portions of the outer lagoon. I am pleased to report that Caulerpa was not found within the survey area. This survey will complete your pre-construction survey obligations for Caulerpa surveillance. This survey is valid for construction activities in the project area initiated within the next 90 days. I hope your dredge program proceeds in a safe and timely manner. If you have any questions regarding the enclosed documents or this letter, feel free to contact me at (858) 560-5465. Sincerely, ~~ Robert Mooney, Ph.D. Senior Biologist Merkel & Associates, Inc. c Caulerpa Survey Reporting Form This form is required to be submitted for any surveys conducted for the invasive exotic alga Caulerpa taxifolia that are required to be conducted under federal or state permits and authorizations issued by the U.S. Army Corps of Engineers or Regional Water Quality Control Boards (Regions 8 & 9). The form has been designed to assist in controlling the costs of reporting while ensuring that the required information necessary to identify and control any potential impacts of the authorized actions on the spread of Caulerpa. Surveys required to be conducted for this species are subject to modification through publication of revisions to the Caulerpa survey policy. It is incumbent upon the authorized permittee to ensure that survey work is following the latest protocols. For further information on these protocols, please contact: Robert Hoffman, National Marine Fisheries Service (NOAA Fisheries), (562) 980-4043, or William Paznokas, California Department ofFish & Game, (858) 467-4218). Report Date: December 28,2010 Name of bay, estuary, Agua Hedionda Lagoon, Carlsbad, CA lagoon, or harbor: Specific Location Name: Outer Lagoon of Agua Hedionda Lagoon, San Diego, CA (address or common reference) Site Coordinates: Lat. 33.1428; Long. -117.3390 (UTM, Lat./Long., datum, Entire 51-acre Outer Lagoon basin was surveyed accuracy level, and an electronic survey area map or hard copy of the map must be included) Survey Contact: Robert Mooney, Merkel & Associates, (858) 560-5465, (name, phone, e-mail) rmooney@merkelinc.com Personnel Conducting Robert Mooney Survey (if other than E. Jimmy Reeves Greeves@merkelinc.com;858-560-5465) above): (name, phone, Heather Krish (hkrish@merkelinc.com; 858-560-5465) e-mail) James Schacher Gschacher@merkelinc.com; 858-204-3678) Simon Reeves (associates@merkelinc.com; 858-560-5465) Randy Storaasli (rstoraasli@merkelinc.com; 858-560-5465) Mary Tamburro (mtamburro@}merkelinc.com; 858-560-5465) Diver Support Permit Reference: ACOE 200100328-SKB, (ACOE Permit No., CCC COP 6-06-61 RWQCB Order or Cert. No.) City of Carlsbad SUP 06-10 Is this the first or second First and only for this dredge cycle survey for this project? Was Caulerpa Detected?: (if Caulerpa is found, please Yes, Caulerpa was found at this site and immediately contact NOAA Fisheries or CDFG personnel identified above) has been contacted on date. X No, Caulerpa was not found at this site. 0 Description of Permitted Maintenance dredging of the outer lagoon basin and beach replenishment Work: with the dredged sand. (describe briefly the work to be conducted at the site under the permits identified above) Description of Site: Depth range: Approximately -2 ft to -22 ft MLL W (describe the physical and Substrate type: Sand and mud bottom with rip-rap shorelines. biological conditions within Temperature: 14.8° C (57° F) the survey area at the time of Salinity: -34 ppt the survey and provide Dominant flora: Eelgrass (Zostera marina). Refer to attached field data insight into variability, if sheet. known. Please provide units for all numerical Dominant fauna: Refer to attached field data sheet for observed species information). and relative abundances Exotic species Sargassum muticum and Zoobotryon verticillatum. encountered (including any other Caulerpa species): Other site A large sand shoal (to be dredged) occurs in the description notes: northern portion of the basin, much of which is currently intertidal. Shallows along the sides of the lagoon and in the southern half of the basin support . Zostera marina. Aquaculture racks occur in the southeastern portion of the basin. Description of Survey Survey date and December 3, 6, 8, and 9, 2010 Effort: time period: 0800-1400 (please describe the surveys Horizontal Approximately 3-4 meters at bottom conducted including type of visibility in water: survey (SCUBA, remote Survey type and Diver transects using two methods I) surveys along video, etc.) and survey methods: anchored baselines, and 2) towed diver on controlled methods employed, date of vehicle. Both methods used navigation with dGPS at work, and survey density sub-meter accuracy. Exceptional visibility allowed (estimated percentage of the divers to be spaced at 2-meter spacing. I 00% bottom bottom actually viewed). covereage was sought during the survey effort. Describe any limitations encountered during the In addition to the SCUBA diver based survey, intertidal survey efforts. shoals and shallow subtidal areas were surveyed I 00% at low tide. Refer to Figure I. Survey personnel: Robert Mooney, Merkel & Associates E. Jimmy Reeves, Merkel & Associates Heather Krish, Merkel & Associates James Schacher, Merkel & Associates Simon Reeves, Merkel & Associates Randy Storaasli, Merkel & Associates Mary Tamburro, Merkel & Associates Survey density: Surveillance Level. Estimated coverage: I 00%. .. Survey limitations: Portions of channel at the railroad bridge could not be intensively surveyed due to the large volume of water moving in the channel, resulting in strong currents. This location is a very unlikely establishment site for Caulerpa due to the water velocity and shifting substrate. Other Information: Please see attached map (Figure 1) and survey data sheet. (use this space to provide additional information or references to attached maps, reports, etc.) Caulerpa Survey Reportmg Form (versiOn 1.2, I 0/31/04) @ Surveyed by SCUBA @ Surveyed on Foot or from Vessel at Low Tide s Agua Hedionda Outer Lagoon Pre-Dredge Caulerpa Survey December 2010 Figure 1 '-----------------------------Merkel & Associates, Inc. __ ___, 0 0 .. ENCINA POWER STATION AGUA HEDIONDA LAGOON MAINTENANCE 2010/11 DREDGING BIOLOGICAL DATA SHEET _Water Body Habitat Types Bay I Harbor~shore Project Site: /j!lt /INf,nd~ Survey Location: a,~, l~Odl"' Survey Date/Time:_l.,_l.:....:/,::....:tj'-'-'10;:;___ ____ _ Pilings I Rip-Rap I Sea-wall Depth Range: 10--'0 ft. Shell hash I Cobble I Boulders I Rock reef Organisms Abundance Codes I Counts: S-Single; F-Few 2-1 0; M-Many 11-100 VegetaUon 0 Olctyota 0 Codlum fragile [XI Eelgrass 0 Surfgrass 0 Ulvaspp. 0 Colpomen/a 0 Coralllna turf 0 Crustose coral/Ina IE Gracllarla (}(f Macrocystls pyrifera 0 l.amlnera 00 Egregla 0Ruppla ~ Ssrgsssum mutlcum 0 Dwarfgrass• 0 Caulerpa taxfoiiB* 0 Undaria pinnatifida* !!!_ California Halibut ...£_ Diamond Turbot __ Hornyhead Turbot __ Spotted Turbot __ Fantail Sole ~ Round Stingray ~ Butterfly Ray __ BatRay __ Spotfln Croaker __ Black Croaker White Croaker Notes: Data Recorder: Surveillance Datasheet.xls Invertebrates __ Tube-Dwelling Anenome _E_ White Sea Pen tfJ 1,_..fti'#fS ~ Purpla Urchin _!!1__ Warty Sea Cucumber 5 BJ S.fol' ...E_ Spiny Sand Star _E_ Brittle Star __ Sand Dollar _J!l Sand Tube Worm _E__SeaHare __ San Diego Dorld __ California cone ___L Welk __ Spanish Shawl Flatworm __ Moon Jelly __ Purple Jellyfish _f!_Navanax BulaSnail Fishes __ Yellowfln Croaker __ Kelp Bass F .s,."l' !. r f(l /JwJ;lflf'l(~ _!!1_ Spotted Sand Bass Barred Sand Bass __ Barred Surfperch __ CatHomia Scorpionfish Horn Shark __ Gray Smoothhound Thomback Shovelnoae Guitartlsh __ Plainfin Midshipmen Rainbow Perch f1 loprnreH Invertebrates Cont. __ Green Crab* __ Oriental Shrimp• __ Bunodeopsis spp• Ph/line aurlformls • __ Crsssostree glgss• __ Potamocorbula amurensls• y:.. __ Urosalpinx pinnafitida' .r __ Balanus amphitrite• _f_ Spiny Lobater ,., sa Scallops !o/ ~ Clams ~Mussels Muscullata ____£_ Zoobotryon verticillatum• California Lizardfish __ California Tongueflsh __ Anchovy Quesnflsh Cusk._l __ Chameleon Goby* __ Yellowfln Goby* __ CIQGoby California Corbina Red Irish Lord Shiner Surfperch Opaleye Updated 12/20/2010 Sheila Henika Cabrillo Power I LLC Encina Power Station 4600 Carlsbad Boulevard Carlsbad, CA 92008-4301 Merkel & Associates, Inc. 5434 Ruffin Road, San Diego, CA 92123 Tel: 858/560-5465 • Fax: 858/560-7779 e-mail: associates@merkelinc.com May 19,2011 M&A# 10-119-01 Re: Post-dredge eelgrass survey in support of the Encina Power Station, Agua Hedionda 2010-2011 Dredging Project at Agua Hedionda Lagoon (Outer Lagoon), Carlsbad, CA Dear Sheila, PuRPOSE AND INTRODUCTION Merkel & Associates, Inc. (M&A) has been retained by Cabrillo Power I LLC (Cabrillo Power) to perform pre-dredge and post-dredge eelgrass surveys for the maintenance dredging operations in the Outer Lagoon at Agua Hedionda Lagoon in Carlsbad, CA (Figure 1 ). The dredging is part of an ongoing effort by Cabrillo Power to prevent intruding sands from forming sandbars in the Outer Lagoon. The work was performed under U.S. Army Corps of Engineers permit number 200100328- SKB. The permit was issued October 21, 2002 and is valid for I 0 years. The permit allows maintenance dredge operations to impact eelgrass within the 13.1-hectare (32.4-acre) area dredge limits delineated in the permit. Dredged sand was discharged along the beach on the north and south sides of the Agua Hedionda Lagoon entrance jetty. Sand was placed as far north as Oak Street and as far south as Cannon Road, where the beach ends. The purpose of this report is to provide information regarding the post-dredge distribution of eelgrass in the Outer Lagoon and control site. Comparisons to pre-dredge conditions made in this report are in reference to the pre-dredge eelgrass survey (M&A 20 I 0). The survey work was completed in conformance with the Southern California Eelgrass Mitigation Policy (SCEMP) (NMFS 1991, revision 11 ). PROJECT STUDY AREA Agua Hedionda Lagoon is a 95.1-hectare (235-acre) coastal estuary located within the City of Carlsbad, in northern San Diego County, California. The Outer Lagoon is approximately 21.5 hectares (53.1 acres) and generally ranges in depth from -34 feet MLLW at the channel mouth just west of the railroad trestle, to about -1 foot MLL W on the top of shoal areas in the central and southern portions of the Outer Lagoon. Most of the dredging targeted the sandbar that had formed in the northern portion of the lagoon. All dredging occurred within portions of the lagoon specified within the permitted dredge limits. N • . W E . s Project Vicinity Map Encina Power Station Figure 1 2010/2011 Agua Hedionda Lagoon Maintenance Dredging '--------------------------------Merkel & Associates, Inc. __ ___, 0 Outer Lagoon Post-Dredge Eelgrass Survey May20/l The Middle Lagoon was surveyed to act as a control site for the project. This control site is 9.5 hectares (23.5 acres) and serves as a reference for evaluating potential changes in eelgrass coverage within the Outer Lagoon. SURVEY METHODOLOGY The post-dredge survey of the Outer Lagoon and Middle Lagoon was conducted on May 2, 2011 by M&A staff Robert Mooney and Edward Reeves. The work consisted of eelgrass areal coverage and density investigations within the study and control sites (Figure 2). Data were collected using a sidescan sonar operating at 600 kHz scanning out 20 meters on both the starboard and port channels for a 40-meter wide swath. All data were collected in latitude and longitude using the North American Datum of 1983 (NAD 83), converted to the Universal Transverse Mercator system in meters (NAD 83). A SCUBA diver verified the sidescan data and measured the density of actively growing leaf shoots by conducting shoot counts within a l/16-m2 quadrat. Replicate quadrats were randomly placed within the eelgrass beds ofthe study (n=26) and control (n=28) areas to obtain a mean shoot density for the eelgrass beds. Following completion of the surveys, sidescan sonar traces were joined together and geographically registered. Eelgrass was then digitized as a theme over a geo-rectified aerial image of the project site to calculate the amount of eelgrass coverage and plot its distribution. This method of eelgrass distribution calculation allows for monitoring eelgrass trends at the project site with a substantial degree of accuracy and repeatability over time. Eelgrass density data were analyzed using a one-way repeated measures analysis of variance (repeated measures ANOVA). The analysis included the treatment factor, which had two levels (survey and control areas) and the repeated measure, which consisted of the two time periods (pre- and post-dredge). POST-DREDGE EELGRASS SURVEY RESULTS The post-dredge survey documented a total of 37,499 square meters (9.27 acres) of eelgrass in the Outer Lagoon (Figure 2). Most eelgrass was located near and along the shoreline in the central and southern portions of the lagoon. In most of the Outer Lagoon, the bottom quickly descends to below -12 feet MLL W, restricting eelgrass to shallower shoreline areas. The notable exceptions are the beds occurring in shallow water near the northernmost mussel racks in the southeastern portion of the lagoon and the beds in the southwestern portion of the lagoon that occur on a shallow bench that extends hayward from the western shoreline. The mean eelgrass shoot density within the Outer Lagoon was 197.5 ± 46.4 shoots per square meter (Figure 3). The eelgrass was moderately dense with notably long leaves. The eelgrass appeared healthy, and supported a slight epiphytic load. The Middle Lagoon (control site) was determined to have 45,629 square meters (11.28 acres) of eelgrass coverage (Figure 2). The mean eelgrass shoot density in the Middle Lagoon was 122.9 ± 49.1 shoots per square meter (Figure 3). The eelgrass was healthy in appearance with shorter leaves than observed in the Outer Lagoon. Merkel and Associates, Inc. # /0-119-0/ 3 10-119-01 0 50 100 •---Dredge Limit """'"""""""" Pre-Dredge Eelgrass (Dec 201 0) Post-Dredge Eelgrass (May 201 1) N • . W E . 2011 Post-dredge Eelgrass Survey Encina Power Station Figure 2 2010/2011 Agua Hedionda Lagoon Maintenance Dredging s '-----------------------------Merkel & Associates, Inc. ----' Outer Lagoon Post-Dredge Eelgrass Survev -N E 350 300 -250 ., s::::: 0 "i: .a 200 -~ ., ~ 150 c ., ., f 100 a ~ w 50 Pre-and Post-Construction Eelgrass Density Fc1,s2) = 0.175, p = 0.678 ±. Outer Lagoon I Middle Lagoon I -------- ------------ 0~------------~------------------------------~--------------- Pre-Dredge Post-Dredge Survey May2011 Figure 3. Average eelgrass turion density at the Outer Lagoon and Middle Lagoon before and after the dredge project. Error bars represent± 1 standard error of the means. Merkel and Associates, inc. # 10-119-01 5 () u Outer Lagoon Post-Dredge Eelgrass Survev Mqy2011 IMPACT ANALYSIS Post-dredge eelgrass cover and density decreased in both the Outer Lagoon (dredge site) and Middle Lagoon (control site) in comparison to the pre-dredge distribution. Pre-dredge eelgrass cover in the Outer and Middle Lagoons was 4 1,105 square meters (10.2 acres) and 48,349 square meters (11.9 acres), respectively (Figure 2). The post-dredge eelgrass cover in the Outer Lagoon and Middle Lagoon represents declines of 8.8% and 5.6%, respectively. Similarly, eelgrass density decreased by 93 and I 0 I shoots per square meter in the Outer Lagoon and Middle Lagoon, respectively (Figure 3). The eelgrass losses observed between the pre-and post-dredge surveys are believed to be the result of eelgrass bed constriction around the deeper edges of patch perimeters. The pre-dredge survey was performed in late fall (December 3, 20 I 0). The post-dredge survey was performed after what has been a high rainfall year, with significant freshwater runoff events that resulted in elevated turbidity levels across the lagoon (refer to Figure 4). Elevated turbidity causes a loss of eelgrass at its lower depth lim it due to light limitation. This appears to explain much of the decline in eelgrass within both lagoons. New bare areas appeared, and existing bare areas expanded, within the central portions of the Middle Lagoon (Figure 2). In the Outer Lagoon, similar patterns are observed with the eelgrass bed edges adjacent to deeper water retracting. The slightly higher loss of eelgrass observed in the Outer Lagoon relative to the Middle Lagoon is explained by this process. Eelgrass in the Outer Lagoon is more widely distributed with a greater number of individual beds (patches) with more eelgrass edge. This greater amount of lower edge means there will be a disproportionate loss in cover anytime eelgrass experiences a regional restriction along its lower depth limit. The losses in eelgrass density were not significantly different between the Outer and Middle Lagoon across the dredge period. A repeated measures analysis of variance was performed on the density data. That analysis was used to generate Figure 3. From the figure it is apparent that eelgrass density did decline overall in the period between the two surveys (F(I,s2) = 63.7, p < 0.001). It is also evident that eelgrass density is generally lower in the Outer Lagoon compared to the Middle Lagoon (F(I ,s2) = 33.2, p < 0.00 I). However, Figure 3 shows that there is no statistical interaction between the lagoons and the survey periods (F(I .s2) = 0.175, p = 0.678). In other words, the decline over time is consistent and independent of any di fferences in density between the two study areas. This observation is also explained by winter conditions with significant runoff and turbidity. Increased turbidity associated with freshwater runoff means less light. This results in a lowered density of eelgrass leaves as they essentially shade one another and compete for light. Merkel and Associates, Inc. # 10-119-01 Figure 4. Aerial image of Agua Hedionda Lagoon taken on December 30, 2010. Photo illustrates the presence of significant turbidity associated with winter runoff into the Inner La~oon. 6 .. Outer Lagoon Post-Dredge Eelgrass Survey May2011 The 2010/2011 dredging project at Agua Hedionda Lagoon is not believed to have impacted eelgrass resources near the project site. Losses in eelgrass cover and density were noted across both the dredge and control sites. Additionally, there was no evidence of direct impacts to the bottom outside the permitted dredge footprint. If you have any questions or need additional information, please do not hesitate to contact me at (858)-560-5465. Sincerely, Robert Mooney, Ph.D. Senior Biologist REFERENCES National Marine Fisheries Service. 1991. Southern California Eelgrass Mitigation Policy. R.S. Hoffman, ed. ( 1991, as amended, Version # 11) [M&A] Merkel & Associates, Inc. 2010. Pre-dredge eelgrass survey in support ofthe Encina Power Station, Agua Hedionda 2010-2011 Dredging Project at Agua Hedionda Lagoon (Outer Lagoon), Carlsbad, CA. Letter Report. Prepared by Robert Mooney, Prepared for Cabrillo Power I, LLC (Sheila Henika). December 28,2010. Merkel and Associates, Inc. # 10-119-01 7 • August 29, 2007 Mr. Bob Wojcik, Hoffman Planning and Engineering 5900 Pasteur Court, Suite 150 Carlsbad, CA 92008 ENCINA POWER PLANT (NORTH SHORE TRAIL) SUP 06-10 Dear Mr. Wojcik: In response to your request, the Deputy City Engineer-Development Services has determined that the proposed North Shore Trail grading work is exempt from the need for a grading permit. The exemption is granted pursuant to Section 15.16.060A.7. The Deputy City Engineer has found that the proposed grading is in an isolated, self contained area where there is no danger to private or public property. We note that condition no. 10 of Planning Commission Resolution No. 6181 requires the posting of security to build the trail. However, this condition was premised upon the City Carlsbad taking ownership of the trail easement and associated trail improvements. Since the easement is being dedicated to another entity, the Deputy City Engineer is waiving the requirement for the Development Improvement Agreement and the posting of security for the trail improvements. Regional Water Quality regulations must still be addressed, along with tracking and inspection issues. The proposed enhancement of the North Shore Trail without a Grading Permit is subject to the following actions occurring: 1. A SWPPP inspection fee will be paid to allow for inspection of the work. A SWPPP Permit will be issued, and transmitted to Casey Arndt in the Construction Maintenance & Inspection Division 2. Submit 2 copies of the SWPPP plan, incorporating the comments in the Engineering Department memo dated June 12 2007, with a copy of this letter, to the Engineering Counter. Development Services will route one copy to Inspection, Attn: Casey Arndt. 3. A licensed contractor will be responsible to coordinate and comply with the proposed SWPPP plans/report, specifications referenced in the Engineering Department memo dated June 12, 2007, and as directed by the Project inspector. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-2720 • FAX (760) 602-8562 <!) --------------·-·-·----~--' _,... ENCINA POWER PLANT ~ORTH SHORE TRAIL) SUP 06·1 0 Page two If you have any further questions please contact me at (760) 720-0500 or gvanp@ci.carlsbad.ca.us Sincerely, 116. :&zt.~ Consultant Project Engineer C: David Hauser, Deputy City Engineer, Development Services Patrick Vaughn, Deputy City Engineer, Construction Maintenance and Inspection Division Pam Drew, Project Planner • City of Carlsbad 1635 Faraday Av Carlsbad, CA 92008 08-28-2007 Job Address: Permit Type: Parcel No: Valuation: Reference #: SWPPP $0.00 SWP 07-08 Fee Summary Listing Lot#: 0 Project Title: ENCINA POWER PLANT Applicant: CABRILLO POWER I LLC 4600 CARLSBAD BL CARLSBAD CA 92008 760-268-4000 Owner: Fee Desc Total Fee Payments SWPPP INSPECTIONS 400.00 .00 SWPPP PLAN CHECK 280.00 280.00 Total Fees to Date: $680.00 Permit/Project No: SWPP0704 Status: PENDING Applied: 05/30/2007 Entered By: KMF Balance Due 400.00 .00 Balance Due to Date: $400.00