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HomeMy WebLinkAboutSUP 06-10; Agua Hedionda Outer Lagoon Maintenance; Special Use Permit (SUP) (4)FLOOD PLAIN SPECIAL USE PERMIT APPLICATION CITY OF CARLSBAD for Cabrillo Power I UC, Encintt Power Station, San Diego County July 21, 2006 This permit application has been prepared in accordance with the requirements specified in Form 1 entitled "City of Carlsbad Application Requirements for Special Use Permits (Including Amendments and Floodplain SUPs). , I. REQUIRED PLANS A. SITEPLAN Seven copies of the site plan to be submitted, under a separate cover as Attachment 1, will contain the following applicable information: 1. General Information a. Name and address of owner whose property is proposed to be developed and the name, address, and phone numbe~ of the developer. ~c~"'~ Cabrillo Power I LLC "' v~ Encina Power Station C;)' J{lf. D 4600 Carlsbad Boulevard /J Y 0 l ;$ '~ '<;<J A, 'f:' c <uOo Carlsbad, CA 92008-4301 'Vf\1/A, ~fi>l Tel: (760) 268-4ooo 'VQ 0 <-8e.A Fax: (760) 268-4026 '/::p,.,:."lD b. Name and address of registered civil engineer, licensed surveyor, landscape architect, or land planner who prepared the maps/plans. Richard N. Morris, P.E., C.E.G., Senior Engineer and Geologist, Shaw Environmental & Infrastructure, Inc. Registered Civil Engineer: C 43422 (California, 1987, expires 6/30/2006) Professional Geologist: 4326 (California, 1987, expires 11130/2007) Certified Engineering Geologist: EG 1355 (California, 1987, expires 11130/2007) Address: 1230 Columbia Street, Suite 1200 San Diego, CA 92101-8517 B. LANDSCAPE PLAN-Not applicable Page 1 of 1 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO PoWER I LLC, ENCINA POWER STATION C. BUILDING ELEVATIONS & FLOOR PLAN-Not applicable D. CONSTRAINTS MAP- One (1) 24' x 36' sheet folded to 9" x 12" shall include: show ridge lines, riparian and woodlands, easements, floodplains, biological habitats, beaches, permanent bodies of water, wetlands, land subject to major power transmission easements, and railroad track beds. The constraints map depicting the required elements listed above will be presented under a separate cover as Attachment 2. E. Not applicable II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS A. Completed Land Use Review Application Form -See Attachment 3 for a completed form. B. Not applicable C. Environmental Impact Assessment Form --See Attachment 4 for a completed form. D. Disclosure Statement-See Attachment 5 for a signed form. E. Two Copies of the Preliminary Title Report (current within the last 6 months)-Two copies of the current preliminary Title Report, prepared by North American Title Company, are presented in Attachment 6. F, G, AND H-Not applicable I. Two copies of preliminary soils/geologic report for all projects with cut or fill depths exceeding 5 feet-Two copies of preliminary soils/geologic reports are presented in Attachment 7. J, K, AND L -Not applicable M. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each drainage basin. If a preliminary Storm Water Management Plan (SWMP) is required, the Hydrology map and calculations may be incorporated into the preliminary SWMP. To be provided later as Attachment 8. N --Not applicable Page 2 of2 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION 0. PROJECT DESCRIPTION/EXPLANATION Agua Hedionda Outer Lagoon Routine Maintenance Dredging Project Cabrillo Power I LLC is requesting issuance of a City of Carlsbad Flood Plain Special Use Permit (five years) for dredging of the outer Agua Hedionda Lagoon' (AHL). This Special Use Permit should be similar to City of Carlsbad Special Use Permit 01-02. The permit application requests the following actions: • Dredging of soils of up to 500,000 cubic yards in any single event (dredge cycle within the existing dredge limits). • Placement of dredged sand on the North, Middle, and South Carlsbad Beaches adjacent to the AHL. 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 residences; Agua Hedionda Lagoon Foundation Discovery Center; and many other public recreational open space amenities and uses including kayaking and fishing. Dredging of the outer Agua Hedionda Lagoon will be performed using a dredging hull (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 of the cutter head is approximately forty- four (44) feet. The dredge pump is classified as 16"xl6"x39". The maximum flow through the cutting head and dredge pump is 13,500 gpm with 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 or vandalized anchors would be reset, as required. Outer lagoon dredging completed in April2005 resulted in the removal of348,151 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 Page 3 of3 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION (California Coastal Commission and City of Carlsbad). Analysis indicates that a portion of this sand will end up in AHL. Therefore, quarterly bathymetric surveys of the outer lagoon will be conducted by Cabrillo Power I LLC to closely monitor sand influx rates, thus determining when the next dredge event will need to commence. 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 (Attachment :9). Consistent with the former City of Carlsbad 5-year Special Use Permit (SUP 01-02) issued May 16, 2001, dredged material is proposed to be placed as follows: 30% on the beach north of the jetty to Oak A venue, and approximately 70% will be divided between the Middle and South Beaches. 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 float on the lagoon, under the Carlsbad Boulevard Bridge and would connect to above ground, temporary pipes which would be placed along the beach. For South beach 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. Temporary dikes and berms would be used to dewater the slurry. Bulldozers and front-end loaders would then be used to spread the sand on the beach. Equipment and material staging would occur on the North and West shores of the outer lagoon along the shore. 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 April 15, before the beginning of the summer season. The requested Special Use Permit (similar to SUP 01-02) is for a dredge cycles occurring October 2006 to September 2011. All current permits and leases applicable for this project are provided in Attachment 9. P. "Notice of Time Limits on Discretionary Applications" R. Biological resource, cultural resources, and/or other environmental studies which are necessary to make an environmental determination (i.e., EIR., Negative Declaration or Exemption). See Attachment 10 for a copy of report detailing the environmental studies involving eelgrass, caluerpa taxifolia, and sediment. Page 4 of4 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION S. Hazardous Waste and Substance Statement Form. -See Attachment 11 for a completed copy of this form. T. Not applicable U. Photographs of the property and the vicinity from the north, south, east, and west are presented in Attachment 12. V. Digital copy of Tentative Map along with required number of hard copy maps is provided in Attachment 13. W. Fees-A check in the amount of$3,500.00 is also enclosed with this application. X. Early Public Notice Package-To be submitted 30 days prior. III. SPECIFIC PROJECT REQUIREMENTS A, B, C, D, E. Not applicable F. Flood Plain Special Use Permits: 1. Two sets of the hydrology and hydraulic calculations are provided in Attachment 8. 2. Two copies of all required certifications listed in Section 21.11 0.150( 4) of the Municipal Code, signed and sealed by a Civil Engineer, are provided in Attachment 14. G. Not applicable Page 5 of5 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT 1 Site Plan [To Be Provided Under a Separate Cover] Page 6 of6 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT 2 Constraints Map [To Be Provided Under a Separate Cover] Page 7 of7 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT3 Land Use Review Application Form Page 8 of8 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT4 Environmental Impact Assessment Form Page 9 of9 ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM (To be Completed by Applicant) Date Filed: __ J.L.J.' ..!:2:....'i.L\L.:o:::..:!§G>::....._ ___________ (To be completed by City) Application Number(s): --~..:::::.=-=..:....f__;O~(p~t::. _--..~.l..t..O~------------------ General Information 1. Name of project: Agua Hedionda Lagoon Maintenance Dredging Project N f d I . t Cabrillo Power I LLC, Encina Power Station 2. arne o eve oper or proJec sponsor: ----------------------- Address: 4600 Carlsbad Blvd. City, State, Zip Code: Carlsbad, CA 92008 -------------------------------------------- Phone Number: (760) 268-4000 --------------------------------------------------- 3. Name of person to be contacted concerning this project: Ms. Sheila Henika ----------------- Address: 4600 Carlsbad Blvd. ---------------------------------- City, State, Zip Code: _c_a_ri_sb_a_d_, C_A_9_2_oo_8 ___________________ _ Phone Number: (760) 268-4018 -~~--------------------------------------- 4. Address of Project: Outer Agua Hedionda Lagoon & north, middle &south Carlsbad beaches adj. to Ai Assessor's Parcel Number: 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: US ACOE No. 200100328-SKB; Coastal Development Permit (6-04-054); CA DP Temp. Use Permit 6. Existing General Plan Land Use Designation: ----------------------------------- 7. Existing zoning district: -------------------------------------------------- 8. Existing land use(s): Research and farming, cooling flow supply, recreational, water sports, residentialfl 9. Proposed use of site (Project for which this form is filed): --------------------------- Routine maintenance dredging of the AHL. Project Description 10. Site size: Please refer to site maps and plans. 11. Proposed Building square footage: N/ A -------------------------------------------- 2 02/22/06 12: Number of floors of construction: NIA ------------------------------------------------- 13. Amount of off-street parking provided: N/ A ----------------------------------------------- 14. Associated projects: N/ A ---------------------------------------------------------- 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: --------------- N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: -------------------------------- N/A 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 D ~ substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public D ~ lands or roads. 22. Change in pattern, scale or character of general area of project. D ~ 23. Significant amounts of solid waste or litter. D [g) 24. Change in dust, ash, smoke, fumes or odors in vicinity. D [g) 3 02/22/06 Yes No 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D [81 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D [81 27. Site on filled land or on slope of 10 percent or more. D [81 28. Use of disposal of potentially hazardous materials, such as toxic 0 [81 substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, 0 [81 sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, 0 [81 etc.). 31. Relationship to a larger project or series of projects. 0 [81 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 knowledge and belief. 4 02/22/06 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT 5 Disclosure Statement PagelOoflO FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT 6 Current Preliminary Title Report Prepared by North American Title Company [To Be Provided Under a Separate Cover] Page 11 ofll FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT 7 Preliminary Soils and Geologic Report Sediment Sample Analysis Plan (This study was conducted during the most recent dredging cycle) Page 12 ofl2 Submitted To: Cabrillo Power I LLC 4600 Carlsbad Boulevard Carlsbad, California 92009-4301 Cabrillo Power I LLC Agua Hedionda Lagoon Field Investigations for Outer Lagoon Dredging 1-.;r -·---1llllr == == -= -=-== = _::.---- -----==---~- .\~.\L\TlC\L SYS l L\l'i Data Report November 2004 Cabrillo Power I LLC Agua Hedionda Lagoon Field Investigations for Outer Lagoon Dredging DATA REPORT Submitted To: Cabrillo Power I LLC 4600 Carlsbad Boulevard Carlsbad, California 92009-4301 Submitted By: MEC-Weston Solutions, Inc. 2433 Impala Drive Carlsbad, California 92008 November 2004 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 TABLE OF CONTENTS INTRODUCTION ......................................................................................................................... 1 METHODS ................................................................................................................................... 1 RESULTS ...................................................................................................................................... 5 DISCUSSION ................................................................................................................................ 9 REFERENCES ............................................................................................................................ 10 MEC-Weston Solutions, Inc. FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 INTRODUCTION Agua Hedionda Lagoon functions as an effective coastal sediment sink, trapping littoral sediment (sand) moving upcoast and downcoast along Carlsbad State Beach. Maintenance dredging to remove the trapped littoral sands has taken place every one to three years since the lagoon was constructed in 1954. The Outer Lagoon was last dredged between November 2002 and April 2003 to remove approximately 500,000 cubic yards of material (sand). Dredging is done to ensure adequate water circulation for maintaining Encina Power Plant operations, recreational activities, and marine habitat. Cabrillo Power is proposing to conduct maintenance dredging between January 3 and April15, 2005 to remove no more than 500,000 cubic yards of material (sand) from the Outer Lagoon. The sand would be hydraulically dredged from the outer lagoon, pumped to Carlsbad beaches, and spread along the beach using a bulldozer. Three receiving beaches are being considered: between Cherry Street and Oak Street (north beach), between the inlet and discharge jetties of the lagoon (middle beach), and just south of the discharge jetty (south beach). These receiving sites have been historically used for beach replenishment during lagoon maintenance dredging cycles. The dredging and disposal of sediment from the Outer Lagoon is authorized under Permit No. 200100328-SKB (Permit) by the U.S. Army Corps of Engineers, Los Angeles District. The Permit stipulates compatibility testing of sediments from the Outer Lagoon with those of the receiving beaches. A sampling and analysis plan (SAP) was submitted to the U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) for review before implementation of the sampling and testing program described in this report (MEC 2004). The SAP described the proposed sampling locations, methods, and testing regime. Concurrence was received on the SAP from these agencies prior to sampling. METHODS Three sites within the Outer Lagoon (Ll-L3) and two sites at each of the three receiving beaches (RBI, RB2, RB3) were sampled on November 17 and 19,2004 (Figure 1). Station locations were determined by differential global positioning system (dGPS) with an accuracy of ± 10 feet (ft). Sampling locations in the Outer Lagoon were at the northern, middle, and southern areas of the sand bar that has developed in the Outer Lagoon and are representative of areas with the greatest sedimentation and where material will be dredged. A barge-mounted vibracore was used to collect sediment samples. Sampling was conducted in the lagoon between 730 and 1200 hours on November 19, which corresponded to a minimum tide of 2.9 feet. A slack water condition was selected to facilitate sampling because currents are strong near the lagoon entrance during incoming or outgoing tides. Water depth and tide data recorded at the time of sampling were used to determine water depths relative to mean lower low water (MLL W). MEC-Weston Solutions, Inc. 1 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 Lagoon Stations © Legend Beach Receiving Stations ' 0 H1gh Tide D LowTtde -X- (~iReser·•oi r . ··~: . '•. -1,. -...,. ~ '\~ . . ~-\ _·. ·• . . i._ ..... •,'1 ··:·~-:;.:~ ·,'., ·,··, · .... lasenup sourc•: USGS. San Luis R•y.1971 1000 0 3000 Feet ~~~~~~~~~~~~~~~~------~~~~~~~~~~~~~~~~ 2000 Figure 1. Proposed lagoon and beach sampling locations. MEC -Weston Solutions, Inc. 2 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 Target core depths, water depths, and core lengths for the Outer Lagoon stations are shown in Table 1. A target core length of 19ft was attempted at each of the lagoon Stations L1, L2, and L3. Based on water depth, the target core depths ranged between -18.3 and -20.3 ft MLLW. Vibracore refusal occurred between -5 and-9ft MLLW at the stations due to sediment compaction. Some compaction of the sediment ( 1.5 to 2 ft) also occurred within the core tube, and recovered core lengths ranged from 4 to 6.5 ft. The fine sands and height of the sand bar probably contributed to the vibracore sampler not achieving full depth penetration through the sand bar. The sand bar extends out of the water on low tides, and only 0.5 to 2.5 feet of water was over the bar during sampling. Fine sands have little interstitial space between sand grains and sediment compaction within the core tube is not uncommon. Table 1. Core depths, water depths, and core lengths for the November 2004 Outer Lagoon sampling. Target Actual Water Target Core Core Actual Depth Core Depth Depth Target Core Core Sampling (feet Length (feet (feet Penetration Length Station MLLW) (feet) MLLW) MLLW) (feet) (feet) Notes Refusal at 10 ft L1 0.2 20 19.8 10.0 10.0 10.0 MLLW; 0 ftof compaction Refusal at 9.0 ft L2 0.2 20 19.8 6.0 9.0 7.0 MLLW, 2ft compaction Refusal at 10 ft L3 0.2 20 19.8 10.0 10.0 9.0 MLLW, 1ft compaction Each core was examined as it was taken and sediment type, odor, color, and core length were recorded in core logs. As in previous maintenance dredging projects, sandy sediments were homogeneous in sediment texture over the entire core length, and no sediment layering was noted. Using a stainless steel spoon, sediment was taken over the entire core length and mixed in a stainless steel bowl to provide a representative composite sample over the entire core length. The homogenate was split into two subsarnples for subsequent analyses of grain size and total organic carbon (TOC). All sampling and subsampling equipment was cleaned with Alcon ox and site water between samples. A portion of the homogenate from each lagoon sample also was combined into a single composite sample from the lagoon for potential analysis of sediment chemistry. Sediment samples were collected at the three beach stations in both the low and upper intertidal zones using a 6-inch deep hand corer (the different tidal levels are shown by different colored symbols on MEC-Weston Solutions, Inc. 3 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 Figure I). Similar to the vibracore samples, the sediment from the hand core samples was homogenized to yield a representative composite sample. Two subsamples were taken from each sample for subsequent analysis of grain size and TOC. A portion of the homogenate from each beach sample also was combined into a single composite sample for potential analysis of sediment chemistry. The core and subsampling equipment were rinsed with Alconox and site water between samples. Each sample was transferred to a labeled freezer bag and then placed in an ice chest containing blue ice until it was delivered to MEC's sediment laboratory for analysis. Samples were maintained at 4 o C in the laboratory until analysis. Grain size was determined using standard sieve analysis for fractions larger than 62.5 microns ( 4 phi units) and pipette analysis for fractions smaller than 62.5 microns (Plumb 1981). TOC was determined with a Dorhmann DC-190 TOC Analyzer, which uses high temperature combustion and infrared detection as specified in ASTM D2579. The number of samples and types of analyses performed are summarized in Table 2. Table 2. Number of samples and type of analysis for Outer Lagoon sampling. Sampling Location Total Organic Carbon Tests Grain Size Tests Outer Lagoon Samples Vibracored -Within Sand Bar 3 3 Receiving Beach Samples Hand Cored -Lower Intertidal Zone 3 3 Hand Cored -Upper Intertidal Zone 3 3 As mentioned above, one composite lagoon sample and one composite beach sample were archived for potential chemistry analysis. The determination of the need for analysis of the archived sediment chemistry samples was to be made based on results of the physical sediment characterization and TOC analyses. Specifically, the need for additional analysis would be indicated if grain size and TOC varied substantially between the lagoon and beach sediments. MEC-Weston Solutions, Inc. 4 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 RESULTS The Outer Lagoon samples ranged from 97.4 to 98.9 percent(%) sand, and averaged 98.4% sand (Table 3). The average median grain size was 0.22 millimeters. TOC values for the Outer Lagoon ranged from 0.033 to 0.062% with an average of 0.050% (Table 3). Sediments from the proposed beach receiving sites ranged from 98.1 to 99.0% sand, and averaged 98.6% sand. The TOC values for the beach sites ranged from 0.012 to 0.035, and averaged 0.023%. The laboratory grain size and TOC results sheets for the Outer Lagoon and receiving beaches are provided in Appendix A and Appendix B, respectively. Field logs of the sampling are provided in Appendix C. Table 3. Results of grain size and TOC analyses on sediment samples from the Outer Lagoon, 2004. Percent Content (%) Station No. Gravel Sand Silt Clay TOC OUTER LAGOON Ll 0.0 98.9 0.5 0.6 0.033 L2 0.0 98.9 0.5 0.6 0.055 L3 0.0 97.4 1.6 1.0 0.062 Average 0.0 98.4 0.9 0.7 0.050 RECEIVING BEACH RBI lower 0.0 98.1 0.8 1.1 0.035 RBI upper 0.0 98.9 0.4 0.6 0.012 RB2lower 0.0 98.4 0.7 0.9 0.021 RB2 upper 0.0 98.8 0.5 0.6 0.022 RB3 lower 0.0 98.4 1.1 0.6 0.030 RB3 upper 0.0 99.0 0.4 0.6 0.019 Average 0.01 98.6 0.7 0.7 0.023 Average median grain size for beach sediments was 0.21 millimeters. Sediment grain sizes between 0.125 and 0.250 are classified as fine sands; thus, sediments within the Outer Lagoon (Figure 2) and on proposed beach receiving sites (Figure 3) were similar in being characterized as predominantly fine sands. The similarity in grain size distribution between the lagoon and proposed beach sites is shown on Figure 4. MEC -Weston Solutions, Inc. 5 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 100 .. 90 - 80 - j c Q) ~ 40 ~ COBBLES GRAVEL SILT or CLAY SAND COARSE FINE COARSE MEDIUM FINE U.S. SIEVE SIZE IN INCHES----··--·US ... STANDARD SIEVE~ ~ 3/4 ~1!. 4 10 20 40 60 . ~ _200 ........ 9=o-~= ! ; PIPETTE 0 0 ·--.----··----·-·----10 4 b \ ·\---~·--·-~·--. ··-·--·---·· -20 . ------,-- I L_ i +-+ L1 I, • \ I ~-: --+----- \ I CJ Grain Size in Millimeters L2 --~-----------30 _[_ 40 50 ·-~--~-60 ··-----.. -----l G-Fi L3 I _ ____ ! Figure 2. Grain size distribution for samples from lagoon sites. MEC-Weston Solutions, Inc. 6 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING GRAVEL COBBLES --- _ __ CO.o,R_§~ _ FINE SAND COA@_~ _I\.1_E_QLL)M ___ FINE U.S. SIEVE SIZE IN INCHES U.S. STANDARD SIEVE No 100 . 3_ -3/4 _3/6 4.. 10 2o 40 so ao m -··~tti"-~ •• 90 ---. ~-~- i 80 ~' ~- ' 70 --~-------------------------------------------- ~ 30+----- l 20 +-------- j 10i ~--------- 1 •• RB1 Upper G-El RB 1 Lower Grain Size in Millimeters RB2 Upper RB2 Lower SILT or CLAY PIPETTE November 2004 0 10 20 30 1:: Ol "Q) --------r 4o i l ~ ··-----------50 "til Q) a: 60 -~-----------'-70 ~ 1----___ :_ 80 I -----------1--90 ++ RB3 Upper- . RB3 Lower E CJ) e CJ) a_ Figure 3. Grain size distribution for samples from receiving beach sites. MEC-Weston Solutions, Inc. 7 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 GRAVEL SAND COBBLE~ _:_Qp~~~=~~E--~~~: MEOji.JM -~£1f>ll:_ --~-SILT or CLAY u.s. SIEVE SIZE IN INCHES US. STANDARD SIEVE No. PIPETTE 100 -3 3/4 3/8 4 10 20 ~so !,0200 . ____ :~--:::_-::_-::_~-~~---------:__-_-----------~ 0 90 --------------;------------;------------------~-----10 II so~ -----~---------t---~,--c--20 • I 70-+-----:---+ -\~ --~--l-------------30 ~ j : \'': ~ 60-_r-----~-+-----~.--t-- >--,' i, ,,,1 ..0 i'i! -g j ' I ! ' i • ',', ~ 50 j : I I --r--; .... -+:-rt'\-+-, +1-- Q) l i I ' i I 1: ~ 40 ----t--~~~ t--r--~ ----r----r-+tr-----------t c_ I I i I \ ' I I l ,1~, 301 1, 'I --t--j -I -i 1 ! ! I I ! I '"i-+ i I t-I Lff~·· ... ++ : i I I : i_ ~-!' -t~-_-'·., _-._ -10+------t~-L_ __ t--i -+ ~ ' i I ~ I i i I i : -1 ~ I i I i I i i*=--=*'.. • 0 ~-~ , -~--~[-11---,:..,.--.~;~TTT 1 ~ f 1a3 1tf 10 Grain Size in Millimeters -.. -----------f-40 I ~ - -----~;--50 ~ --t-60 L I ----t-70 ~ --1~80 90 ++ Lagoon Receiving Beach j ~~~~-·-------- Figure 4. Mean grain size distribution for samples from lagoon and receiving beach sites. MEC-Weston Solutions, Inc. .E Ol ~ >.. .0 "0 Q) c:: ·ca Q) a: c Q) e Q) c_ 8 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 DISCUSSION Sediment characteristics of proposed dredge material and beach sites were similar with each of the test locations being characterized by > 90% fine sands (average median grain sizes of 0.22 and 0.21 millimeters, respectively) with low TOC concentrations. These results indicate that sediments from the Outer Lagoon are physically compatible with those of the proposed beach receiving sites. The similarity in test results for the lagoon sediments with those of the beach sites is expected since the primary source of sediment in the Outer Lagoon is littoral sand that gets trapped within the lagoon. Test results in 2004 were similar to those reported for previous maintenance dredging projects in which dredge materials were approved for beach disposal. Table 4 compares the average median grain size of sediments tested from the Outer Lagoon and beach receiving sites, which were sampled using similar sampling methodology as for this 2004 study. Historically, sediments from the lagoon and beach receiving sites have been fine sands, with slightly finer grain size measured in the lagoon. Table 4. Historical comparison of median grain size based on previous testing associated with maintenance dredging of outer Agua Hedionda Lagoon. Station No. Median Grain Size (millimeters) 2004 2002 2000 1997 1995 1993 OUTER LAGOON L1 0.238 0.148 0.178 0.195 0.158 0.177 L2 0.277 0.173 0.175 0.198 0.148 0.146 L3 0.147 0.123 0.149 0.124 0.168 0.120 Average 0.22 0.15 0.17 0.17 0.16 0.15 RECEIVING BEACH RB11ower 0.235 0.348 0.315 0.182 0.201 RB 1 upper 0.316 0.286 0.263 0.165 0.192 RB2lower 0.171 0.231 0.409 0.216 0.201 0.179 RB2 upper 0.217 0.210 0.143 0.212 0.187 0.200 RB31ower 0.153 0.187 0.160 0.215 0.212 0.152 RB3 upper 0.146 0.172 0.155 0.182 0.189 0.149 Average 0.21 0.24 0.24 0.21 0.19 0.18* * Samples collected from low and subttdal zones; samplmg smce 1995 has been from low and upper mteitldal zones. MEC-Weston Solutions, Inc. 9 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 Chemical testing was conducted in Agua Hedionda Lagoon in 1997 in support of lagoon-wide dredging. Chemical testing was requested by EPA and the Corps for the Middle and Inner Lagoon (not Outer Lagoon) where it was considered a greater potential for contamination because of the occurrence of finer sediment in those lagoon basins. Middle Lagoon sediments, which ranged from 86 to 94.5% sand, had low contaminant concentrations. There were no detectable concentrations of butyltins, pesticides, or PCBs, and concentrations of metals were representative of normal background for the region (MEC 1997a). Sediments in the Inner Lagoon with 80% or greater sand content showed essentially the same results with no detectable butyltins and pesticides and low metal concentrations (MEC 1997b). There have been no substantially changed circumstances since the previous testing of lagoon sediments in 2002. The placement of sands on Carlsbad and other beaches as part of the permitted San Diego Regional Beach Sand Project occurred in 2000, however, those sediments were found to be low in contaminant concentrations and suitable for beach nourishment (KEA 2000). During the period since the last maintenance dredging in 2002, the 1997-1998 El Nino conditions have abated and there have been no major contaminant spills in the lagoon in the past two years (S. LePage, personal communication 2004). Review of the test results, historical data, historical sediment contaminant concentrations, and recent conditions suggest that the proposed dredge sediments from the Outer Lagoon in 2004 satisfy the Tier I exclusion criteria and should be suitable for beach disposal. REFERENCES KEA. 2000. San Diego Regional Beach Sand Project EIRIEIS. Prepared for San Diego Association of Governments (SANDAG) and U.S. Department of the Navy, Southwest Division. LePage, S. Marine Research and Education Products, personal communication to Brian Riley. MEC-Weston, Inc., November 16, 2004. Cabrillo Power 1 LLC Agua Hedionda Lagoon 2004 Outer Lagoon/Beach Sediment Sampling and Analysis Plan. 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 1 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-Weston Solutions, Inc. 10 FIELD INVESTIGATION FOR OUTER LAGOON DREDGING November 2004 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. Plumb, Russell H., May 1981, "Procedures for Handling and Chemical Analysis of Sediment and Water Samples," Prepared for the U.S. Environmental Protection Agency/Corps of Engineers Technical Committee on Criteria for Dredged and Fill Material, Published by the Environmental Laboratory, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. MEC -Weston Solutions, Inc. 11 APPENDIX A Grain Size Data ~~~r == = = --=-= = _::,-- - ----. --_- .\:">J.\LYTfCAL SYS n:MS 2-03 Impala Dri1e. Carlsbad. C.\ '121lllK I 1 7olll '.13 I KllK I I 1 7o01 'J:I 1-ISKil F.\\ November 29. 2004 Dear Brian: Please find enclosed the results for 9 grain size samples for your job Cabrillo Power Outer Agua Hedionda Lagoon received on November 18-19.2004. These samples were processed according to procedures described by Plumb, 1981. All analyses were performed consistent with our laboratory's quality assurance program. and all samples met the quality control criteria specified in the above methods and/or our internal SOPs. This report is to be reproduced in its entirety. We will dispose of the samples in 3 months unless you specify otherwise. Please let me know if you have any questions. Sincerely. ~ Sheila Holt Benthic Laboratory Manager ' ,N A.CC O.y"~ tllel£'~ Nt:Lr\P 1\ccredited #01113Ct\ GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Outer Agua Hedionda Lagoon Contact person: Brian Riley Date of analysis: 18Nov04 Date of report: 24Nov04 Analysis method: Sieve/pipette (Plumb, 1981) Sample Identification: L-1 Total sample weight: 32.880 grams --------Size Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 < 1.953 % < 4 phi 1.073 % > 1 phi 2.254 Q -o gravel 0.000 % sand 98.927 % silt 0.505 % clay 0.569 Sample Statistics Median phi microns 2.073 237.65 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile ------Weight Phi grams -1.0 0.000 -0.5 0.034 0.0 0.085 0.5 0.622 1.0 2.704 1.5 6.669 2.0 5.283 2.5 7.135 3.0 6.678 3.5 2.873 4.0 0.444 5.0 0.041 6.0 0.041 7.0 0.041 8.0 0.041 9.0 0.041 > 9.0 0.146 Mean phi microns 2.009 248.53 0.667 1.136 2.073 2.881 3.353 Percent 0.000 0.103 0.259 1.892 8.224 20.283 16.068 21.700 20.310 8.738 1.350 0.126 0.126 0.126 0.126 0.126 0.443 Dispersion 0.872 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Cumulative Percent 0.000 0.103 0.362 2.254 10.478 30.760 46.828 68.528 88.838 97.576 98.927 99.053 99.179 99.305 99.431 99.557 100.000 Skewness -0.074 GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Outer Agua Hedionda Lagoon Brian Riley Contact person: Date of analysis: Date of report: Analysis method: Sample Identification: Total sample weight: 18Nov04 24Nov04 Sieve/pipette (Plumb, 1981) L-2 31.205 grams --------Size ------Weight grams 0.000 0.023 0.129 0.931 2.880 5.417 8.781 8.377 3.402 0.717 0.195 0.041 0.041 0.041 0.041 0.041 0.146 Cumulative Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 < 1.953 0 -o < 4 phi 1.131 % > 1 phi 3.471 % gravel 0.000 % sand 98.869 % silt 0.532 0 -o clay 0.599 Sample Statistics Median phi microns 1.854 276.56 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile Phi -1.0 -0.5 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 5.0 6.0 7.0 8.0 9.0 > 9.0 Mean phi microns 1.788 289.61 0.583 1.095 1.854 2.481 2.957 Percent 0.000 0.074 0.413 2.984 9.229 17.359 28.140 26.845 10.902 2.298 0.625 0.133 0.133 0.133 0.133 0.133 0.466 Dispersion 0.693 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Percent 0.000 0.074 0.487 3.471 12.700 30.059 58.199 85.044 95.946 98.244 98.869 99.002 99.135 99.268 99.401 99.534 100.000 Skewness -0.096 GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Outer Agua Hedionda Lagoon Brian Riley Contact person: Date of analysis: 18Nov04 Date of report: 24Nov04 Analysis method: Sieve/pipette L-3 (Plumb, 1981) Sample Identification: Total sample weight: 30.864 grams --------Size Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 < 1.953 % < 4 phi 2.621 % > 1 phi -0.029 % gravel 0.000 % sand 97.379 % silt 1.612 % clay 1.009 Sample Statistics Median phi microns 2.764 147.25 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile ------ Phi -1.0 -0.5 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 5.0 6.0 7.0 8.0 9.0 > 9.0 Mean Weight grams 0.000 0.000 0.002 0.007 0.102 1.477 2.536 6.038 9.995 7.718 2.180 0.207 0.207 0.041 0.041 0.041 0.270 phi microns 2.721 151.71 1.485 2.067 2.764 3.374 3.832 Percent 0.000 0.000 0.006 0.023 0.330 4.785 8.217 19.563 32.384 25.006 7.063 0.672 0.672 0.134 0.134 0.134 0.875 Dispersion 0.653 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Cumulative Percent 0.000 0.000 0.006 0.029 0.360 5.145 13.362 32.925 65.309 90.315 97.379 98.050 98.722 98.857 98.991 99.125 100.000 Skewness -0.066 GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Outer Agua Hedionda Lagoon Contact person: Brian Riley Date of analysis: 18Nov04 Date of report: 24Nov04 Analysis method: Sieve/pipette ( P 1 umb, 19 81) Sample Identification: RBl-LOW Total sample weight: 31.665 grams --------Size Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 <: 1.953 0 '0 <: 4 phi 1.860 % > 1 phi 2.334 % gravel 0.000 % sand 98.140 % silt 0.804 % clay 1.057 Sample Statistics Median phi microns 2.088 235.14 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile ------Weight Phi grams -1.0 0.000 -0.5 0.017 0.0 0.125 0.5 0.597 1.0 1.937 1.5 5.907 2.0 5.819 2.5 8.090 3.0 6.500 3.5 1.896 4.0 0.188 5.0 0.042 6.0 0.042 7.0 0.127 8.0 0.042 9.0 0.042 > 9.0 0.292 Mean phi microns 2.009 248.43 0. 718 1.202 2.088 2.816 3.287 Percent 0.000 0.054 0.395 1.885 6.117 18.655 18.377 25.549 20.527 5.988 0.594 0.134 0.134 0.402 0.134 0.134 0.923 Dispersion 0.807 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Cumulative Percent 0.000 0.054 0.448 2.334 8.451 27.106 45.482 71.031 91.558 97.546 98.140 98.274 98.408 98.809 98.943 99.077 100.000 Skewness -0.098 GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Contact Outer Agua Hedionda Lagoon person: Brian Riley Date of analysis: 18Nov04 Date of report: 24Nov04 Analysis method: Sieve/pipette (Plumb, 1981) Sample Identification: RBI-HIGH Total sample weight: 38.625 grams --------Size Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 < 1.953 % < 4 phi 1.086 % > 1 phi 1.157 % gravel 0.000 % sand 98.914 % silt 0.439 % clay 0.647 Sample Statistics Median phi microns 1.662 316.06 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile ------Weight Phi grams -1.0 0.000 -0.5 0.017 0.0 0.047 0.5 0.383 1.0 3.036 1.5 10.295 2.0 17.110 2.5 6.423 3.0 0.820 3.5 0.057 4.0 0.018 5.0 0.042 6.0 0.042 7.0 0.042 8.0 0.042 9.0 0.042 > 9.0 0.207 Mean phi microns 1.626 323.96 0.744 1.131 1.662 2.121 2.452 Percent 0.000 0.044 0.122 0.992 7.860 26.653 44.297 16.629 2.123 0.148 0.047 0.110 0.110 0.110 0.110 0.110 0.537 Dispersion 0.495 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Cumulative Percent 0.000 0.044 0.166 1.157 9.017 35.671 79. 968 96. 597 98.720 98.868 98.914 99.024 99.134 99.244 99.353 99.463 100.000 Skewness -0.072 GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Outer Agua Hedionda Lagoon Contact person: Brian Riley Date of analysis: 18Nov04 Date of report: 24Nov04 Analysis method: Sieve/pipette (Plumb, 1981) Sample Identification: RB2-LOW Total sample weight: 31.724 grams --------Size Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 < 1.953 % < 4 phi 1.589 % > 1 phi 0.224 % gravel 0.016 % sand 98.395 % silt 0.669 % clay 0.921 Sample Statistics Median phi microns 2.550 170.76 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile ------Weight Phi grams -1.0 0.005 -0.5 0.010 0.0 0.023 0.5 0.033 1.0 0.151 1.5 2.290 2.0 3.751 2.5 8.539 3.0 10.603 3.5 4.855 4.0 0. 960 5.0 0.042 6.0 0.085 7.0 0.042 8.0 0.042 9.0 0.042 > 9.0 0.250 Mean phi microns 2.485 178.64 1.298 1.842 2.550 3.128 3.487 Percent 0.016 0.032 0.072 0.104 0.476 7.218 11. 824 26.916 33.422 15.304 3.026 0.134 0.267 0.134 0.134 0.134 0.787 Dispersion 0.643 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Cumulative Percent 0.016 0.047 0.120 0.224 0.700 7.918 19.742 46.658 80.081 95.384 98.411 98.544 98.812 98.945 99.079 99.213 100.000 Skewness -0.101 GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Outer Agua Hedionda Lagoon Brian Riley Contact person: Date of analysis: 18Nov04 Date of report: 24Nov04 Analysis method: Sieve/pipette RB2-HIGH (Plumb, 1981) Sample Identification: Total sample weight: 39.683 grams --------Size Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 < 1.953 0 -o < 4 phi 1.164 % > 1 phi 0.169 % gravel 0.035 !1-0 sand 98.801 % silt 0.534 % clay 0.629 Sample Statistics Median phi microns 2.205 216.85 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile ------Weight Phi grams Percent -1.0 0.014 0.035 -0.5 0.014 0.035 0.0 0.008 0.020 0.5 0.031 0.078 1.0 0.115 0.290 1.5 1.414 3.563 2.0 11.262 28.380 2.5 17.015 42.877 3.0 7.623 19.210 3. 5 1.501 3.782 4.0 0.224 0.564 5.0 0.042 0.107 6.0 0.042 0.107 7.0 0.042 0.107 8.0 0.085 0. 214 9.0 0.042 0.107 > 9.0 0.207 0.522 Mean Dispersion phi microns 2.219 214.79 0.508 1.517 1.711 2.205 2.727 3.068 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Cumulative Percent 0.035 0.071 0.091 0.169 0.459 4.022 32.402 75.279 94.489 98.272 98.836 98.943 99.050 99.157 99.371 99.478 100.000 Skewness 0.027 GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Outer Agua Hedionda Lagoon Contact person: Brian Riley Date of analysis: 18Nov04 Date of report: 24Nov04 Analysis method: Sieve/pipette (Plumb, 1981) Sample Identification: RB3-LOW Total sample weight: 31.535 grams --------Size Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 < 1.953 % < 4 phi 1.645 % > 1 phi 0.063 % gravel 0.000 % sand 98.355 % silt 1.052 % clay 0.593 Sample Statistics Median phi microns 2.711 152.76 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile ------Weight Phi grams -1.0 0.000 -0.5 0.001 0.0 0.006 0.5 0. 013 1.0 0.017 1.5 0.627 2.0 1.991 2.5 7.648 3.0 12.970 3.5 6.644 4.0 1.099 5.0 0.124 6.0 0.041 7.0 0.041 8.0 0.124 9.0 0.041 > 9.0 0.146 Mean phi microns 2.699 153.98 1.729 2.156 2. 711 3.242 3.519 Percent 0.000 0.003 0.019 0.041 0.054 1.988 6. 314 24.253 41.129 21.069 3.485 0.395 0.132 0.132 0.395 0.132 0.462 Dispersion 0.543 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Cumulative Percent 0.000 0.003 0.022 0.063 0.117 2.106 8.419 32.672 73.801 94.870 98.355 98.749 98.881 99.012 99.407 99.538 100.000 Skewness -0.021 GRAIN SIZE ANALYSIS Contract Number/Name: Cabrillo Power Outer Agua Hedionda Lagoon Contact person: Brian Riley Date of analysis: 18Nov04 Date of report: 24Nov04 Analysis method: Sieve/pipette (Plumb, 1981) Sample Identification: RB3-HIGH Total sample weight: 37.996 grams --------Size Microns 2000.000 1414.214 1000.000 707.107 500.000 353.553 250.000 176.777 125.000 88.388 62.500 31.250 15.625 7.812 3.906 1.953 < 1.953 % < 4 phi 1.038 % > 1 phi 0.103 % gravel 0.000 % sand 98. 962 % silt 0.437 % clay 0.601 Sample Statistics Median phi microns 2.773 146.25 5th percentile 16th percentile 50th percentile 84th percentile 95th percentile ------Weight Phi grams -1.0 0.000 -0.5 0.017 0.0 0.010 0.5 0.012 1.0 0.017 1.5 0.028 2.0 1.358 2.5 9.622 3.0 14.505 3.5 9.279 4.0 2.754 5.0 0.083 6.0 0.000 7.0 0.041 8.0 0.041 9.0 0.041 > 9.0 0.187 Mean phi microns 2.792 144.43 2.024 2.241 2.773 3.342 3.727 Percent 0.000 0.045 0.026 0.032 0.045 0.074 3.574 25.323 38.175 24.421 7.248 0.218 0.000 0.109 0.109 0.109 0.492 Dispersion 0.551 MEC -Weston Solutions, Inc. 2433 Impala Dr. Carlsbad, CA 92008 Cumulative Percent 0.000 0.045 0.071 0.103 0.147 0.221 3.795 29.119 67.293 91.714 98.962 99.180 99.180 99.290 99.399 99.508 100.000 Skewness 0.033 2433 Impala Drive • Carlsbad, CA 92008 • (760) 931-8081, FAX 931-1580 CHAIN OF CUSTODY 98 Main Street, Suite #428 • Tiburon, CA 94920 • (415) 435-1847, FAX 435-0479 675 Hegenberger Rd., Ste. 200 • Oakland, CA 94621 ·(51 0) 632-8990, FAX 632-0714 N~ 09844 152 Sunset View Lane· Sequim WA 98382 • (360) 582 1758 FAX 582 1679 === ~ --II 17/04-A Subsidiary of Weston Solutions, Inc. DATE PAGE I OF I ~~~,~~~;~~Y/P~N~:~ ~~~crm\W ~ ANALYSIS/TEST REQUESTED FOR MEC USE ONLY PROJ~~E~~ U U LL 0 0 COMPANY w o._ ·~ J >-U) ADDRESS f-a: o.Ow ~~ a:Z SAMPLE w<( -1\ PHONE/FAX CDf-~ + TEMP. :::"!Z ~ ::JO J PRESERVED HOW/ UPON SAMPLE I.D. DATE TIME MATRIX INITIALS zo ~ COMMENTS RECEIPT MEC LAB ID R Bl-Law fl/17/ol/-1705 S".Rcl; ...... "~t fJ..J., v RBl-Hi_a_h I 1700 I ..J RR2-Low /(/)5{) R,_B 2_ -l-f ia /-" I (oLf-S _.., RB3-Low f(o15 R B 5-Hi_q_h ...:./ t(o3D Jl v "' <J SPECIAL INSTRUCTIONS/COMMENTS: SHIPPING: SAMPLE CONDITION UPON RECEIPT (FOR MEC USE ONLY): Shipping VIA: Airbill No: RELINQUISHED BY ~ RELINQUISHED BY RECEIVED BY RELINQUISHED BY RECEIVED BY ft __ ..,-J £'. LL _.,u. AI.. S~u~ (7 Signature Signature Signature S1gnature _,_ W(..f.f_clb Si VG:C---w~ F1rm Firm tr/16~ Firm Firm Firm Firm 11 LI?/tJ.Jk O~l._O Date/Time Date/Time .....--Date!Time Date/Time Oate!Time Date/Time 0 98 Main Street, Suite #428 • Tiburon, CA 94920 • (415) 435-1847, FAX 435-0479 MF r ~ 24331mpala Drive· Carlsbad, CA 92008 • (760) 931-8081, FAX 931-1580 ~' ~ ~ :~---:ANALYTICAL SYSTEMS, INC. 0 0 675 Hegenberger Rd., Ste. 200 • Oakland, CA 94621 • (510) 632-8990, FAX 632-0714 152 Sunset View Lane· Sequim, WA 98382 • (360) 582-1758, FAX 582-1679 A Subsidiary or Weston Solutions, Inc. COMPANY ADDRESS PHONE/FAX SAMPLE I.D. DATE TIME L -I tt/,offo4 O'iYS L~Z I 0135 L-3 ()'fOb . INTA-Ke; ,f/ 0'330 SPECIAL INSTRUCTIONS/COMMENTS: SHIPPING: Shipping VIA: Airbill No: ANALYSIS/TEST REQUESTED u. ~ 0 1\1 w ~ 0.. ~(/) a: v ~ o<!lW a:~ \~ ~ W<{ eDt-~z \S ::>0 MATRIX INITIALS zo ."5ANb ~M JIW.. '( 'f stNl> 0/)1 ,. -c '{. S,t,vD )>(\I. ,, ...( {. ~~i>'1'f rul )/,..t-,, '\£. y: SAMPLE CONDITION UPON RECEIPT (FOR MEC USE ONLY): RELINQUISHED BY RECEIVED BY Signature Signature Firm Firm DatefTime Date!Time WHITF-rP.II!rn to nrinint=~tnr • YFII OW. lt=~h • PINK-rAtt=~inArl hv nrinint=~lnr DATE I SAMPLE TEMP. PRESERVED HOW/ UPON COMMENTS RECEIPT RELINQUISHED BY Signature Firm DatefTime CHAIN OF CUSTODY N~ (}9951 PAGE I oF__l_ FOR MEC USE ONLY MEC LAB ID RECEIVED BY Signature Firm Oate!Time APPENDIX 8 Total Organic Carbon Data "-.:;-r ._.-------== = _-::,.----------==--_- A~ALYTICAL S\SfEMS 2-B3 Impala D'"i' e. Carlsbad. C-1. 'I.:WOli I 17601 'IJ 1-liOli I I 17601 'IJ 1-15:-iO FA X November 29, 2004 Batch No.: 041119A Dear Brian: Enclosed are the results of samples submitted to our laboratory on November 18 and 19,2004 for analysis ofTOC (Method ASTM 02579, modified). For your reference, these samples have been assigned our batch number 041119A. All analyses were performed consistent with our laboratory's quality assurance program. All samples met the quality control criteria specified in the above methods and/or our internal SOPs. We will dispose of the samples in 3 months unless otherwise specified. Please call if you have any questions. Sincerely, Sheila Holt Benthic Laboratory Manager Analytical Report Project: Outer Agua Hedionda Contact: Brian Riley Sample Matrix: Sediment Total Organic Carbon Date Received: 18Nov04 Date Analyzed: 19Nov04 Batch No.: 041119A Analysis Method: ASTM D2579, modified Percent (%) Sample I. D. L-1 L-2 L-3 RB1-HIGH RB1-LOW RB2-HIGH RB2-LOW RB3-HIGH RB3-LOW MRL 0.002 0.002 0.002 0.002 0.002 0.002 0.002 0.002 0.002 Method blank NO Result 0.033 0.055 0.062 0.012 0.035 0.022 0.021 0.019 0.030 (£ 111;_,1 . .-- Approved by: ____ 7~~~~-=~~--------------------Date: Page 2 of 3 Project: Outer Contact: Brian Sample Matrix: QA/QC Report Agua Hedionda Riley Sediment Duplicate Summary Total Organic Carbon Percent (%) Duplicate Date Received: 18Nov04 Date Analyzed: 19Nov04 Batch No.: 041119A Sample I.D. Sample Result Result Average RPD INTAKE 0.534 0.535 0.535 ASTM D2579, modif~~ I .• r Approved by: ~ -0.19 Date: Page 3 of 3 QA/QC Report Project: Outer Agua Hedionda Contact: Brian Riley Sample Matrix: Sediment Date Received: 18Nov04 Date Analyzed: 19Nov04 Batch No.: 041119A Total Organic Carbon I. Calibration Standard Standard Value from Result (ppm) Standard Curve (ppm) 2000 1950.5 2064 2000 1950.5 2013 2000 1950.5 2011 II. Standard Curve Fit Standard Reading (ppm) (ppm) 1000 999 1000 972 2000 1947 2000 1954 5000 4826 5000 4777 8000 7923 8000 7974 10000 9851 10000 10000 Coefficient of Determination (r2) III. Matrix Spike Recovery Results Acceptable %Recovery 91-110 MS (1) %Recovery 99 IV. Reference Standard MS (2) %Recovery 98 Replicate % Carbon 1 0.346 Calibration RPD Blank (ppm) 5.655 5.5 3.154 14.8 3.054 10.2 0.999553 APPENDIX C Field Logs ME ( ANACYT<CA> "'T'M' <NC Field Cruise Log Project I Program: ___ O_u_te_r_A_,g.,_u_a_H_e_d_i_o_n_d_a __ _ Survey Number: 2004 Vessel: Sampling Type: Sediment Coring Date: __ ..L.Jt/J_-___./r......CfL-~.....::O==-VL--_ Start Time: J '6 10 End Time: Cruise Director: Brian Riley ---~~--------Boat Captain: Crew: Dan McCoy Weather: ov~R.CAST Time: ~ou Wind: [I(~ ItT 8Re~z.G Sky: GR.!t-Y aN<;t~-aiC6 Sea State: C A eM Problems: Comments I Other Observations: t...f VIBRACORE CORING LOG ~ =--' • ~ L ., - PROJECT/SURVEY DATE ll{t"\/o'f PROJECT MANAGER RECORDER Cabrillo Power Outer Agua Hedionda 2004 Brian Riley ~ STATION ID ~rNT4K.I!. NAV DATUM LATITUDE LONGITUDE NAD83 3). /3~ 7"r /( "1. ~ 3??2! ATTEMPT TIME STARTED TIME FINISHED WATER DEPTH (FTI TIDE (FT) rLLW (FTI 1 ioA~E:;DEPTH. TIDE I of I C)~ 3<3 Ob ~5" /~.5 3.1 SAP D! :;,Tl SAP DEPTH-MLL W TARGET CORE LENGTH !FTI FINAL CORE LENGTH (FTI CORE DIAMETER (IN) -s.C, J,.(.c L/.0 4.0 START TAPE IFTI FINISH TAPE (FTl PENETRATION (FTl = FINISH-START RECOVERY rn.o .~:-. ~ 'ON. HOIH'. COLOR DEP.(FT) DEP.(FT) SEDIMENT TYPE ODOR (HUE VALUE/CHROMA) SAMPLE 1D BY DEPTH MISC 1 J. "'~ ,1\J~ }Jo-v--7J-C ff..c;,..,...,.. :r ,__ 1'\-lt'-'--l '1 1 n CC\~~ I I 2 2 ,,~ b(":JI'-Iv 3 3 ') 4 4 I '- _s~ ' v 5 5 WJSft~6 t} 6 6 ~b c()}1)L§ 'l,jl ,~; 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 NOTES VIBRACORE CORING LOG .......... - PROJECT/SURVEY DATE ;r, 1 ct!o tf PROJECT MANAGER RECORDER Cabrillo Power Outer Agua Hedionda 2004 Brian Riley LYZ1 STATION ID L3 NAV DATUM LATITUDE LONGITUDE t:> NAD83 :~n9-..b5;. /(7 2o.t;V_7 ATTEMPT TIME STARTED TIME FINISHED WATER DEPTH (FT) TIDE (FT) -rLL W (FTI 1 = W 5:R DEPTH-TIDE I of c>~oo -""Cf IS~ ~-0 ;L 8 SAP DEPTH (FTI SAP DEPTH· MLLW TARGET CORE LENGTH (FT) FINAL CORE LENGTH IFTI CORE DIAMETER (IN) ;;.o J-6 _'i)_ ?-l tt . .g 9-6 4.0 START TAPE (FTI FINISH TAPE (FT) PENETRATION (FTI = FINISH-START RECOVERY ;O.D '9-o "CO, 1C t1V. COLOR DEP.(FT) DEP.(FT) SEDIMENT TYPE ODOR (HUE VALUE/CHROMA) SAMPLE ID BY DEPTH MISC 1 1 -:5A~-Jl:> /J~ D r~t..Vor-l-3 //1 I Rt~vSAl. e /(j ~ } J I <=-----·---2 2 ~ 3 3 f \ i 4 4 } 5 5 ( 6 6 \ I \ 7 7 \ I 8 8 I 9 9 1/ ~ \.. ~ '4 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 NOTES VIBRACORE CORING LOG :. ~ ~ ~ L' ' - PROJECT/SURVEY DATE I( (c't (o cf PROJECT MANAGER RECORDER Cabrillo Power Outer Agua Hedionda 2004 Brian Riley "tJv£1 STATION ID NAV DATUM LATITUDE LONGITUDE j___'L NAD83 33c)ocs _]oS tL 7 ° 2.6 . :50(., ATTEMPT TIME STARTED TIME FINISHED WATER DEPTH fFTl TIDE fFTl rLLW fFTl =;AT~:;:_PTH-TIDE of 093<' ·:)· / 3.o 2-~ ·:; --;-; SAP DEPTH fFTl SAP DEPTH-MLLW TARGET CORE LENGTH fFTl FINAL CORE LENGTH (FTl CORE DIAMETER (IN) d-O )A __ ,_ -:; /C..-~ /t?.---2 ?.6 4.0 START TAPE (FT) FINISH TAPE (!=Tl PENETRATION fFTI =FINISH-START RECOVERY 1.0 7. 0 t-'t:O. HI: HV. COLOR DEP.(FT) DEP.(FT) SEDIMENT TYPE ODOR (HUE VALUE/CHROMA) SAMPLE 10 BY DEPTH MISC 1 1 I,_ 3.rov->""' L2-I'! r ~~-AJDtit" 'i<tr(l~t. @ 9.o --2 2 I --------I 3 3 4 4 5 5 6 6 7 7 -~ [ ,v v 'I ""' ~ 8 8 9 9 10 10 11 11 12 1-2 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 NOTES VIBRACORE CORING LOG ~ = = ~ ~ . . .. . PROJECT/SURVEY DATE !( /;e, (,t1 PROJECT MANAGER RECORDER~ Cabrillo Power Outer Agua Hedionda 2004 Brian Riley STATION ID !_I NAV DATUM LATITUDE LONGITUDE NAD83 ~<>oE.726 t/7° 2_(), 5 2.1 ATTEMPT TIME STARTED TIME FINISHED WATER 7TH (FT) TIDE-7!'1T rLLW (FTI = 6T~~PTH-TIDE of 09~r; Joov .0 Z."i SAP DEPTH IFTI SAP DEPTH-MLLW TARGET CORE LENGTH (FTI FINAL CORE LENGTH (FT) CORE DIAMETER IINI ;)..o 1.-o-. 2 -: 'l. ~ /C,. if J(J,() 4.0 START TAPE IFTI FINISH TAPE (FT) PENETRATION (FT) = FINISH. START RECOVERY /0.0 1 a.o ~t:r. Ht:IH' COLOR DEP.(FT) DEP.(FT) SEDIMENT TYPE ODOR (HUE VALUE/CHROMA) SAMPLE ID BY DEPTH MISC 1 1 ?et r~d f/or-'--B~./-A. L( r '1 I ~(_~9 2 2 I c.-+ 3 3 I !o t-.. ~3 I ---4 4 5 5 6 6 7 7 8 8 9 9 10 10 ~ ') ,v ~~~ 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 NOTES FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT 8 Hydrology Map & Hydraulic Calculations [To Be Provided Under a Separate Cover] Page 13 of13 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT 9 Current Applicable Permits and Leases: ~v 1.'~ ~'f. ./ • City of Carlsbad Planning Department Special Use Permit 01-02 • U.S. Army Corps of Engineers Permit No. 200100328-SKB • Coastal Development Permit No. 6-04-054 • State of California-The Resources Agency, Department of Parks and Recreation • California Regional Water Quality Control Board -San Diego Region Order 96-32 • California State Lands Commission General Lease-Industrial Use for Placement of Suitable Dredge Material from Agua Hedionda Lagoon Page 14 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4979 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT TO ALLOW PERIODIC MAINTENANCE DREDGING OF THE OUTER AGUA HEDIONDA LAGOON AND THE PLACEMENT OF DREl)GED SAND ON CARLSBAD BEACHES IN LOCAL F AC~LITIES MAN~GEMENT ZONE 1. CASE NAME: AGUA HEDIONDA LAGOON DREDGE CASE NO: SUP 01-02 WHEREAS, Cabrillo Power LLC, "Developer"/"Owner" has filed a verified application with the City of Carlsbad regarding property described as Portions of Lot "H" of Rancho Agua Hedionda, according to partition Map No. 823, filed November 16, 1896 ('the Property"); and WHEREAS, said verified application constitutes a request for a Special Use Permit as shown on Exhibit(s) "A" -"N" dated May 16, 2001, on file in the Planning Department AGUA HEDIONDA LAGOON DREDGE -SUP 01-02, as provided by Chapter 21.40/21.11 0 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 16th day of May, 2001 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and. considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Special Use Permit; WHEREAS, the Planning Director has determined that the project is categorically exempted from the procedural requirements of the California Environmental Quality Act ~ (CEQA), pursuant to Section 15304(g) ofthe State of California CEQA Guidelines; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Carlsbad as follows: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES AGUA HEDIONDA LAGOON DREDGE-SUP 01-02, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. r 0. The project is consistent with the Parks and Recreation Element (i.e., Goals, Objectives, and Policies B.6 and C.ll) of the General Plan in that the placement of dredged sand on the beach, and the construction of trail improvements along the north shore of the outer lagoon, will enhance public recreation opportunities by increasing the amount (i.e., square footage area) of useabie public beach and by formalizing a public trail along the north shore of the outer lagoon. The project is consistent with the Open Space and Conservation Element (i.e., Goals, Objectives, and Policies A.l, A.2, A.3, and A.4) of the General Plan in that dredging the outer lagoon and the intake channel, in particular, will allow for the continued flow of fresh, nutrient-rich ocean waters into the lagoon thereby maintaining/ improving the overall health Of the lagoon; and the placement of dredged sand on the beach will enhance and protect important City open space resources by assisting the build up of a deteriorating beach profile and by creating a wider beach which will assist in the protection of coastal bl\lffs from erosion caused by ocean wave action. The project is consistent with the Public Safety Element (Goal A) of the General Plan in that the placement of dredged sand on the beach .will increase beach width which will assist in the protection of coastal bluffs from erosion caused by ocean wave action, thereby protecting private and public property in the vicinity of the beach. The project is an allowable activity/use in the Open Space zone and complies with all its standards in that the dredge activity, placement of sand on the beach, and trail improvements along the north shore of the outer lagoon will maintain/improve the overall health of the lagoon by dredging the intake channel and ensuring the continued flow of fresh, nutrients rich ocean waters into the lagoon; enhance the quality of the beach by placing dredged sand on the beach thereby assisting in the build up of a deteriorating beach profile; and by formalizing public access to open space areas through installation of trail improvements. The proposed lagoon dredge will not create a hazard or adversely impact development, or adjacent and upstream properties and structures; and the cumulative effect of this project and the adjacent approved projects will not significantly raise the level of the 100 year flood plain (base flood elevation) in that the dredge activity will increase the physical capacity of the lagoon and therefore the ability of the lagoon to accommodate flood waters. The project is in conformance with the Certified Local Coastal Program and all applicable policies in that dredging the outer lagoon and the intake channel, in partiCular, will allow for the continued flow of fresh, nutrient-rich ocean waters into PC RESO NO. 4979 -2- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. the lagoon thereby maintaining/improving the overall health of the lagoon; and the placement of dredged sand on the beach will enhance and protect coastal resources by assisting the buildup of a deteriorating beach profile and by creating a wider beach which will assist in the protection of coastal bluffs from erosion caused by ocean wave action. The project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the placement of dredged sand on the beach, and the construction of trail improvements along the north shore of the outer Agua Hedionda Lagoon, will enhance public recreation opportunities by increasing the amount (i.e., square footage area) of useable beach and by formalizing public access to coastal resources by installing trail improvements along the north shore of the outer lagoon. Conditions: 1. 2. 3. 4. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Special Use Permit and Coastal Development Permit document(s) necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval The previously approved maintenance access road (SUP 92-04) shall also be used as a public access trail along the lagoon as required by Policy 7.6 of the Agua Hedionda Segment of the Local Coastal Program. Trail improvements and signage shall be consistent with the concepts illustrated in the "Open Space and Conservation Resource Management Plan," dated Jllne 1992. The trail improvements and signage shall be approved by the Planning Director and may be subject to additional CEQA review. Trail improvements and signage shall be installed within one year of the date of the approval of this permit. The required installation date may be extended, to no more than five years from the date of the approval of this permit, if the trail improvements and signage will be installed in conjunction with another outer Agua Hedionda north shore construction/ improvement project at the discretion of the Planning Director. This permit authorizes the dredging operation for a period of five _(5) years from the date of the Planning Commission approval of this permit. Prior to the permit expiration date, an extension request shall be submitted for consideration by the Planning Commission or a new permit will be required. The Planning Commission will determine whether it is appropriate to extend the permit request and for what period of time. The applicant must secure the appropriate permits and approvals from all resource agencies affected by the dredging operation and disposal of the dredged materials. These agencies shall include: Army Corps of Engineers California Coastal Commission PC RESO NO. 4979 -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. California State Parks and Recreation California State Lands Commission Regional Water Quality Control Board The required permits from the above mentioned resource agencies shall remain in effect throughout the time limits established in the approved Special Use Permit and Coastal Development Permit. The City shall reserve the authority to review and approve the timing of the dredging operation consistent with the time limits outlined in other permits. The City's review and approval shall not be unreasonably withheld. At least three (3) months prior to any dredging activity, the applicant shall provide written notice to the City Engineer of such activity. Upon receipt of said written notice from the applicant, the City Engineer shall forward this notice to the Beach Erosion Committee (BEC). The BEC shall review this notice to ensure that the ultimate location for the deposition of the dredged sand is consistent with the recommendations contained in the study of Sediment Transport Conditions in the Vicinity of Agua Hedionda Lagoon (December 30,1998), which states that 30% of the dredged sand shall be placed on "North Beach" (as identified in the study) and that the remaining sand be placed on "Middle and South Beaches". This requirement represents the minimum amount of sand to be placed ori North Beach, and does not preclude the placement of any amount of sand more than 30% on North Beach as mutually agreed upon by the City and the applicant. The limits of the sand deposition analysis area begins at the northerly city limit and extends a similar distance south of the outlet jetty. The applicant shall maintain a dredging operation capable of depositing sand on the beach for a distance of one mile from the mouth of the Lagoon and consistent with the approved work limits of the applicants other agency permits. The applicant shall provide the City Engineer with a yearly beach profile of the ocean bottom for the area between the inlet and outlet jetties. The profiles shall extend from the face of curb on Carlsbad Boulevard to approximately one (1) mile offshore. Prior to the issuance of any permit, the applicant shall provide the City Engineer a plan for interim pedestrian circulation control, to include public information signage describing the project. PC RESO NO. 4979 -4- 1 NOTICE 2 Please take NOTICE that approval of your project includes the "imposition" of fees, 3 dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions ofwhich you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PAS SED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 16th day of May, 2001 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Compas, Heineman, L'Heureux, and Trigas Commissioner Nielsen 25 ATTEST: 26 27 28 MICHAEL J. HOEZMil:LER Planning Director PC RESO NO. 4979 -5- £j=(lf~S. IO/ttll'2.. LOS ANGELES DISTRICT ! v y 6' co.rs U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PERMIT Permittee: Cabrillo Power I LLC (Attn: Ernest J. Soczka) Permit Number: 200100328-SKB Issuing Office: Los Angeles District Date of Issuance: October 21, 2002 Note: The term 11YOU11 and its derivatives, as used in this permit, means the permittee or any future transferee. The term 11this office11 refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer. You are authorized to perform work in. accordance with the terms and conditions specified below. Project Description: To dredge up to 500,000 cubic yards (cy) of accumulated sediment (sand) from 'the Outer Basin of Agua Hedionda Lagoon, as routine maintenance, in any single dredging event within the dredge limit site plan, and place the dredged material on the North, Middle, and South Carlsbad State Beaches. The sediment would be removed from the lagoon bottom to ensure adequate flow of cooling water to the Encina Generating Station located on the edge of the outer lagoon. The 35.5-acre dredge footprint in the lagoon would be deepened to a maximum design depth of -22 feet mean lower low water (MLL W) plus an additional 2-foot allowance for over-depth dredging. Maintenance dredge activities would also be consistent with the conditions and requirements imposed by the City of Carlsbad through its 5-Year Special Use Permit (SUP 01-02) issued May 16, 2001; California Coastal Commission (CCC) Coastal Development Permit 06-01-080 issued February 8, 2002; and Regional Water Quality Control Board (RWQCB) General Waste Discharge Order 96-32. Dredged material with appropriate grain size compatibility and total organic carbons is required by the City of Carlsbad to be placed as follows: 30% on the beach north of the jetty to Oak Avenue, and approximately 70% placed on the Middle and South Beaches south of the jetty as shown on the attached drawings. Two Corps permits (File No. 802016000-SK and 872017100-DZ) were issued in 1981 and 1987 respectively for similar activities as described above. The Corps previously approved the dredge footprint in the 19 87 Corps permit. The permittee proposes a substantially similar footprint with slight widening and deepening from station 101 +50 to station 103+50 bringing this section to the same dimensions as the remainder of the channel. The total increase in width would be 25 feet and 10 feet in depth. The additional area to be dredged is approximately 0.87 acres for a 35.5 total acre dredge . ~- footprint/limit. The additional material to be removed is estimated to be 1,516 cy and is expected to be appropriate for beach disposal. The purpose of this modification, to deepen and widen the channel, is to better facilitate cooling water inflow. Project Location: Outer Basin of Agua Hedionda Lagoon and adjacent coastal beaches in the City of Carlsbad, San Diego County, California. (lat:33-8-35 .9880 and Ion: 117-20-21.0 120) Permit Conditions: General Conditions: 1. The time limit for completing the authorized activity ends on October 21, 2012. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification from this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological rerriains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. 7. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2 Special Conditions: 1. The permittee must take the actions required to record this permit with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records of title to or interest in real property. 2. The permittee shall post a copy of this permit on the dredge barge used for the activity authorized by this permit including all general and special conditions her:ein at all times during the dredging activities. . 3. The permittee shall allow the dredging area and equipment to be inspected by Corps staff upon request. 4. The permittee shall n.o1 perform in-water work during the California least tern (Sterna antillarum browni) nesting season from April 15 to September 15. This condition is necessary to avoid potential impacts to this federally-listed-as-endangered species, which is known to utilize habitat in the vicinity of Agua Hedionda Lagoon. 5. The permittee shall ensure that all vessel operators have a marine band radio, monitor Channel 16, and follow navigation rules (rules of the road) at all times. The permittee shall not interfere with the public right to free navigation on all navigable waters of the United States. 6. The permittee shall mark with buoys any underwater cables or anchoring systems for barge or dredge operations involved with the project described herein, the locations of all eelgrass beds known to be onsite in the vicinity of the approved dredge footprint, and shall make every effort to keep project equipment outside of these areas. 7. The permittee must install and maintain, at their expense, any safety lights and signals prescribed by the United States Coast Guard (USCG), through regulations or otherwise, on your authorized facilities. The USCG may be reached at (619) 683-6492 and the following address: 2716 North Harbor Drive; San Diego, California 92101. 8. The permittee shall notify the Corps and the USCG Marine Safety Office at (619) 683-6492 at least 14 calendar da)!s prior to the start of each dredge event authorized herein. This will allow the USCG time to publish the pertinent information on the local notice to mariners. The USCG notification shall include the following information: a. The location of the worksite; b. The size and type of equipment used at the site; c. Name and radio call signals for working vessels if applicable; d. Telephone number for on-site contact with project engineers/managers; e. The schedule for completing the project. 9. Caulerpa taxifolia has been found in the Inner Basin of Agua Hedionda Lagoon. The alga has not been found in either the Middle or Outer Basins of AHL and offshore surveys conducted in the project area have been negative. To minimize the spread and introduction of this species and other potentially invasive species of this genus to other systems, the permittee shall comply with the current Caulerpa Control Protocol (Version 1.1, adopted July 3, 2002) as well as any future changes to the Protocol that may be applicable at the time of each dredge cycle. 3 10. The permittee shall have a qualified biologist perform a pre-construction eelgrass survey of the Outer Basin of Agua Hedionda Lagoon in accordance with the Southern California Eelgrass Mitigation Policy (adopted by federal and state resource agencies dated July 31, 1991). Further, the permittee shall submit a report to the California Department ofFish and Game, National Marine Fisheries Service, U.S. Fish and Wildlife Service, and the Corps for review at least 15 calendar days prior to commencement of each dredge event in order to establish the location of all eelgrass in the vicinity of the project. 11. The permittee shall have a qualified biologist perform a post-construction eelgrass survey of the Outer Basin of Agua Hedionda Lagoon in accordance with the Southern California Eelgrass Mitigation Policy (adopted by federal and state resource agencies dated July 31, 1991). The permittee shall submit a report to the California Department of Fish and Game, National Marine Fisheries Service, U.S. Fish and Wildlife Service, and the Corps for review no more than 30 calendar days after the completion of each dredge event to determine if any eelgrass habitat was impacted by the dredge activity authorized herein. 12. The permittee shall perform eelgrass mitigation for any impacts to eelgrass that occur outside of the top of slope of the dredge footprint. Compensatory mitigation shall be at a 1.2: 1 replacement ratio in accordance with the Southern California Eelgrass Mitigation Policy (adopted by federal and state resource agencies dated July 31, 1991). The eelgrass mitigation shall be implemented in the Inner Basin of Agua Hedionda Lagoon and be overseen by a biologist experienced in eelgrass restoration, Further, all required eelgrass mitigation should be implemented within 4 months after the eelgrass impacts occurred. Conflicts between implementing any required eelgrass mitigation and the Caulerpa taxifolia eradication efforts in the Inner Basin of Agua Hedionda Lagoon shall be addressed by the Corps in coordination with the California Department ofFish and Game, National Marine Fisheries Service, and the U.S. Fish and Wildlife Service. 13. The permittee shall submit to U.S. Anny Corps ofEngineers; Regulatory Branch; Attn: Shannon Bryant; 16885 West Bernardo Drive, Suite 300A; San Diego, California 92127, and the U.S. Environmental Protection Agency, the following reports for review and comment: a. Dredge Material Analysis: Submit, for approval, no earlier than 60 calendar days prior to proposed commencement of any authorized successive dredging episodes, dredge material analysis (Chemical and Physical), sampling and testing information. Please include the Corps permit number and dredge episode number with this submittal. Also submit the Regional Water Quality Control Board water quality certification or waiver for disposal of the material. For each dredging episode, the permittee shall obtain the approval of the District Engineer for formulating specific sediment testing procedures for the Dredge Material Analysis. The testing protocol shall be in accordance with the testing guidelines as published in the Corps and U.S. Environmental Protection Agency publication entitled, "Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. -Jesting Manual" (The Inland Testing Manual or ITM), dated February 1998, and subsequent amendments thereto. b. Dredging Operation Plan: Submit, for approval by this office, no earlier than 60 calendar days and no later than 20 calendar days before the proposed commencement of dredging, a plan which includes the following: Corps permit number, a copy of the dredging contract or description of the work under which the contractor will do the permitted work; name and telephone numbers of the dredging contractor's representative on site; dredging start and completion dates; names of vessel; quantity of material to be removed; dredging design depth and typical cross section 4 ----:. ----. -----~ . including over depth; and date of last dredging episode and design depth. The dredging Operational Plan shall also provide the following information: 1) The controls being established are to insure that dredging operations occur within the limits defmed by the channel dimensions and typical channel section. Please note that failure to provide all of the above information may result in delays to your project. "Wp.en your dredge operation plan has been approved, you will receive a written authorization to commence with your project. c. Pre-Dredge Surve;c: Submit no earlier than 60 calendar days and no later than 20 calendar days before commencement of dredging, a survey with accuracy to one-tenth foot which delineates the following: areas to be dredged with over depth allowances; existing depths; estimated quantities to be dredged for the project; and estimated quantities for over depth. All surveys shall be signed by the permittee to certify their accuracy. Please include the Corps permit number. Please note that failure to provide all the above information may result in delays to your project. 14. Post-Dredge Survey: Submit, within 15 calendar days of the last disposal activity (last is defined as that activity after which no further activity occurs for 15 calendar days), a survey with accuracy to one-tenth foot that delineates the areas dredged and the dredged depths. Also, include the Corps permit number, dates of dredging commencement and completion, actual quantities dredged for the project, and actual quantities of over depth. The permittee shall substantiate the total quantity dredged by including calculations used to determine the volume difference (in cubic yards) between the Pre-and Post-Dredge Surveys and explain any variation in quantities greater than 15% beyond estimated quantities. All surveys shall be accomplished by a licensed surveyor and signed by the permittee to certify their accuracy. 15. The permittee or dredge contractor shall inform this office when a dredge episode actually commences or is suspended (suspension is when the dredge contractor leaves the dredge site for more than 48 hours for reasons other than equipment maintenance), is restarted and the actual date of completion. Each notification should include the Corps pennit number. The information can be sent, to the attention Shannon Bryant, in writing to the U.S. Army Corps of Engineers, Regulatory Branch, San Diego Field Office, at the above address; or faxed to (858) 674-5388. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). () Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 5 2. Limits of this authorization. a. This permit does not obviate the need to obtam other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Darriages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your pennit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in rea«:hing the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and 6 conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit Unless there are circumstances requiring either aprompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give you favorable consideration to a request for ,an extension of this time limit. 7 .. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. j/j ~ hCo\L~\\ ~ . \'1\tj Q~ PERNITITEE / ~ DATE 1 ";I vt) tft ~· rA-v1 j(. E. tTSf oc tA-TE (l·fftO·-l ~ fL This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. C24~JlLrwS J 11~chael . Jewell "\1"' ·Acting Chief Regulatory Branch ll2 /Llf(L..co~ DATE When the structures or work ·authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE 8 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. ~'""""PoWqJ_r Lt.c 't~RM~ /1t;v, ~~ ;1.. ot72- DATE This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. MichaelS. Jewell DATE Acting Chief Regulatory Branch When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE 8 LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 200100328-SKB Name of Permittee: Cabrillo Power I LLC (Attn: Ernest J. Soczka) Date of Issuance: October 21, 2002 Upon completion of the activity authorized by this permit, sign this certification and rettun it to the following address: Regulatory Branch -Los Angeles District Office ATIN: CFSPL-CO-R-200100328-SKB P.O. Box 532711 Los Angeles, California 90053-2325 Please note that your pennitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terrn:s and conditions of said permit. Signature of Permittee Date 9 ~, (,'-\.;..' . ' VlCINirt MAP ~~~~ ....,,.~~p,j\,J...n1 MJ!nr-A-~~r-CIII&tr.1.l!tr..tl.t.lhol'l ~MI'i'IC...,.,.,. KEY MAP INDEX 10 PLANS Oil.,~ 1l1lL I \ION'!\' VAP t sm: PIM 3 DlltOOINOI'\Nf JA UCOQI CllllSS SEctiC!lS -I f6 6 31 lAOOOH C1111SS E110HS -2 Clf t 3C l.ACOOH C~~GSS .UenaNS -J or ' 30 LAGOOII CIIIO$S ucma -4 or • X lAQOCJI CIIOSS lii:CIIafS -I 01' 8 'Sf UOOCfl aiOSS ~11111S -• !If I 4A lfACH flU. rctl NCJrlll IUQI -1 !If t .. ·-flU. 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A-~-~lr I P""' I I I I ~--~ --e-~~ In\ :niX 'IYlNlZIIIIH ~cO PIS pat ,I»C .!»' .001 0 (R:JV38 tunos) NVld 110 R:JVlB .---J~ I~ .--r:, ~, :1 •'). ~,I' 1 ,,J I' " tf_ , . :!1 ~ • 11 If >'A ~ •A ~1 . , 1 •'' /'"' , .. ,, , .I ,~~1 ...-lWarlS O'I'8S1W3 ::~ '•'.'A . i .. ~ i -~-i i .... ~ f " f i \1 t IT§§ f i -.; l 8 s t. & a k g 0 8 .. -· STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION San Diego Coast Area Office 7')75 Metropolitan Drive, Suite 1 03 Diego, CA 92108-4421 @ . 0 . . .1) 767-2370 Page:1 Date: August 19, 2004 Permit Application No.:G-04-054 COASTAL DEVELOPMENT PERMIT On August 12, 2004, the California Coastal Commission granted to Cabrillo Power I LLC, Attn: Gregory J. Hughes, Regional Plant Manager this permit subject to the attached Standard and Special conditions, for development consisting of Dredge up to 500,000 cubic yards of lagoon bottom (sand} within the existing approved dredge limits of the outer basin of Agua Hedionda Lagoon and deposit it on three Carlsbad beach locations (North, Middle and South Beaches). more specifically described in the application filed in the Commission offices. The development is within the coastal zone at Outer basin (east of Hwy.101 and west of railroad} of Agua Hedionda Lagoon, and Carlsbad State Beach, Agua Hedionda, Carlsbad, (San Diego County) Issued on behalf of the California Coastal Commission by ACKNOWLEDGMENT: PETER M. DOUGLAS Exe<n'ti'!'~ Dir~~~r 11 J _ {~ .. .tl f'/tJrt.t~ By: Bill Ponher Coastal Program Analyst The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part that: "A Public entity is not liable for injury caused by the issuance ... of any permit. .. " applies to the issuance of this permit. to te COASTAL DEVELOPMENT PERMIT Date: August 19, 2004 Permit Application No.: 6-04-054 Page 2 of 4 STANDARD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: The permit is subject to the following conditions: 1. Timing of Dredging and Beach Deposition. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit to the Executive Director for review and written approval, final plans that include the following: a. Placement of sand on area beaches shall occur outside of the summer season (Memorial Day through Labor Day of any year). b. To avoid potential impacts to the California least tern breeding period and the grunion spawning period, dredging can occur between September 15 and April 15 with the option of extending the dredge period to April 30 if approved in writing by the Executive Director in consultation with the Army Corps of Engineers (COE) and California Department of Fish and Game (DFG). The permittee shall undertake the development in accordance with the approved plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. COASTAL DEVELOPMENT PERMIT Date: August 19, 2004 Permit Application No.: 6-04-054 Page 3 of 4 2. Pre-and-Post Dredge Requirements. At least two weeks prior to dredging and within 60 days of completion of the proposed dredge cycle, the applicant shall submit to the Executive Director for review and written approval the following: a. A map of pre-dredge conditions of the outer lagoon and pre-and post-deposition profiles at the approved beach deposition locations; proposed dredge quantities; deposition plan and methodology; and signage plan b. Evidence the Corps of Engineers has approved the proposed dredge spoils as suitable for deposition at the approved beach locations, pursuant to ACOE Permit 2001 00328-SKB. 3. Eelgrass Mitigation and Monitoring. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and written approval of the Executive Director, an eelgrass mitigation and monitoring plan that includes at a minimum the following: a. Performance of a pre-construction eelgrass survey of the project area by qualified biologist immediately prior to the proposed maintenance dredging in order to establish the location of all eelgrass habitat. b. Marking the location of all eelgrass habitat found in the pre-construction survey in order that the contractor can avoid impacting these areas during the proposed maintenance dredging. No anchorage of dredging equipment is permitted outside the limits of the dredging operation. c. Performance of a post-construction eelgrass survey of the project area by qualified personnel no more than 30 days after the completion of the work to determine if any eelgrass habitat was impacted by dredging activities. d. Performance of mitigation if it is determined by the post-construction eelgrass survey that there has been a loss of eelgrass habitat. This mitigation must be performed in accordance with and subject to the requirements of the Southern California Eelgrass Mitigation Policy (1 :1.2 ratio). The applicant shall consult with the Executive Director prior to construction to determine if an additional coastal development permit or amendment is required for any necessary mitigation. The permittee shall undertake the development in accordance with the approved plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the plans shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 4. Monitoring/Beach Profiles. Prior to the placement of any material at the Middle Beach, South Beach or North Beach, the applicant shall prepare two profiles of the beach and off shore area (to closure or wading depth, consistent with the survey requirements of the ACOE permit) showing the pre-disposal conditions. Profiles shall be taken at the same locations after completion of the disposal, one month after disposal, and annually thereafter until the area either returns to its pre-disposal condition or is further modified by additional nourishment. Reports shall be provided to the Executive Director following the one-month after disposal profiles and after each annual COASTAL DEVELOPMENT PERMIT Date: August 19, 2004 Permit Application No.: 6-04-054 Page 4 of 4 survey which provide information on site conditions and an analysis of the long-term changes in sediment supply between the jetties. 5. Grunion Protection Plan. During any beach deposition, the permittee shall comply with the provisions of the grunion protection plan as required by ACOE Permit #2001 00328-SKB. 6. Invasive Species. PRIOR TO THE COMMENCEMENT OF DREGDING, the applicant shall provide evidence that dredging of the outer lagoon can occur without the risk of spreading the invasive green alga Caulerpa taxifo/ia as follows: a. Not earlier than 90 days nor later than 30 days prior to commencement or re- commencement of any development authorized under this coastal development permit, the applicant shall undertake a survey of the project area (includes the dredging area, anchoring areas and any other areas where the bottom could be disturbed by project activities) and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifolia. The survey shall include a visual examination of the substrate. b. The survey protocol shall be prepared in consultation with the Regional Water Quality Control Board, the California Department of Fish and Game, and the National Marine Fisheries Service. c. Within five (5) business days of completion of the survey, the applicant shall submit the survey: 1. For the review and written approval of the Executive Director; and 2. To the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT). The SCCAT Surveillance Subcommittee may be contacted through William Paznokas, California Department of Fish & Game (DFG) (858/467-4218) or Robert Hoffman, National Marine Fisheries Service (NMFS) ( 562/980-4043). 3. If Cauferpa is found, then the NMFS and DFG contacts shall be notified within 24 hours of the discovery. d. If Caulerpa is found, prior to the commencement of dredging, the applicant shall provide evidence to the Executive Director for review and written approval either that the Caulerpa discovered within the project and/or buffer area has been eradicated or that the dredging project has been revised to avoid any contact with Caulerpa. No changes to the dredging project shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 7. Term of Permit. This coastal development permit.,?U!horizes one time only dredging of up to 500,000 cubic yards of sand from the outer lagoon and disposal to occur at the Middle, South and North Beaches within the approved disposal limits. No extension of the permit expiration date or additional dredge cycles beyond the 2005 cycle is approved. 6-04-054p 1 STATE OF CALIFORNIA -THE RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION 2 3 5 6 7 8 9 10 11 12 13 15 16 TEMPORARY USE PERMIT THIS PERMIT, is made and entered into this 26th day of November, 2002 by the between the STATE OF CALIFORNIA, acting by and through the Department of Parks and Recreation, hereinafter called "STATE" and Cabrillo Power, hereinafter called "PERMITTEE II: RECITALS: WHEREAS, PERMITTEE has, pursuant to Sections 5003.5 and 5012 of the Public Resources Code, made application for the use ofCarlsbad State Beach for the purpose of placing dredged sand 17 materials, and for ingress and egress over the existing park 1s roads in the County of San Diego, State of California, and 19 20 WHEREAS, subject to the terms, covenants and conditions 21 specified below, the use of this site as hereinafter described 22 will·cause minimum alteration to the physical features of the 23 park and minimum interference with the use of the park by the 24 public; 25 26 NOW, THEREFORE, pursuant to the provisions of Sections 27 5003.5 and 5012 of the Public Resources Code and subject to the ~ terms, covenants and conditions hereof, STATE does hereby grant 29 Page 1 1 to PERMITTEE, commencing on date hereof and ending on May 1, 2 2007, a permit for the use of said park property. 3 4 5 6 1. 7 8 9 10 2 . ll 12 13 14 15 3. 16 17 lS 19 20 21 22 23 24 25 26 27 29 TERMS, COVENANTS & CONDITIONS The exercise of any of the privileges granted by this permit constitutes acceptance of all of the conditions of this permit. The real property subject to this permit is more particularly described as the area known Carlsbad State Beach as described in the attached Exhibit "A". This permit is issued for the purpose of permitting the deposition of approximately 500,000 cubic yards of sandy materials dredged from the inner, middle and outer basin of Agua Hedionda Lagoon on the beaches of Carlsbad State Beach. All material to be placed on the beach shall be of beach sand quality material suitable for beach disposal as determined by the U.S. Army Corps of Engineers. The volumes listed below are approximate based on a maximum permitted dredge volume. The area of beach disposal shall be as follows: South Beach (south of discharge jetty) Middle Beach (Between jetties) North Beach (north of intake jetty) Page 2 150,000 cu.yds. 200,000 cu.yds. 150,000 cu.yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 29 4 . 5 . 6. The beach disposal areas shall extend from 1,500 feet south of the discharge jetty on the south to Oak Street on the North. Prior to the placement of any materials on the property of STATE, PERMITTEE shall submit for the review and written approval of STATE a detailed plan for monitoring the beach replenishment component of the project. Said monitoring program shall provide, at a minimum, beach profiles conducted at Said monitoring program shall provide, at a minimum, beach profiles conducted annually, consistent with existing local and state permit requirements. All monitoring reports shall be submitted to STATE. PERMITTEE shall provide for appropriate public signage or a beach safety monitor at all times when work is being performed on property of STATE. PERMITTEE, in the exercise of the privileges herein granted, shall at all times comply with all applicable laws, rules and regulations including, but not limited to, rules and regulations for the State Park System now in effect or hereinafter adopted. Page 3 il 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 7. 8. 9. That no plant shall be cut, injured, or disturbed by PERMITTEE, except as specifically permitted herein, without prior approval of STATE. This permission is subject to all valid and existing contracts, leases, licenses, encumbrances, and claims of title which may affect said property, and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. PERMITTEE hereby waives all claims and recourse against STATE for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this permit, except claims arising from the concurrent or sole negligence of STATE, its officers, agents, and employees. PERMITTEE shall indemnify, hold harmless, and defend STATE, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses, or liability costs arising out of the acquisition, development, construction, operation, or maintenance of the property descried herein except for liability arising out of the concurrent or sole negligence of STATE, its officer, agents, and employees. Page 4 1 2 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 20 21 In the event judgement is entered against STATE and PERMITTEE because of the concurrent negligence of STATE and PERMITTEE, their officers, agents or employees, and apportionment of liability to pay such judgement shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 10. After expiration of the permit, PERMITTEE shall restore sai premises as nearly as possible to the same state and condition they were in prior to the PERMITTEE'S entry upon said premises, reasonable wear and tear excepted. If PERMITTEE shall fail to do so, and in the event PERMITTEE shall not correct such breach within thirty (30) days after being requested in writing to do so by STATE, then STATE rna undertake necessary restoration activities at PERMITTEE'S cost and expense, to be paid by PERMITTEE within ten days after PERMITTEE's receipt of STATE's demand therefor at termination. 11. The route of ingress, and egress, by PERMITTEE for the 22 23 24 25 26 27 purposes herein shall be designated by STATE, and shall generally be limited to existing access points and parking areas. Permittee shall not be provided a designated parking space, but may utilize existing spaces designated for use by STATE. Terms of ingress and egress are to be weekdays, excluding holidays, from sunrise to sunset unless otherwise 29 agreed to in writing by the STATE'S representative. In the Page 5 I 1 event that emergency access is required at other times, 2 6 7 10 ll 12 13 PERMITTEE shall make every reasonable effort to contact STATE, prior to entering the property of STATE, at the San Diego Coast District Office [ (858) 642-4200]. If, after making every reasonable effort to contact STATE, PERMITTEE is unable to make contact, PER~ITTEE may enter upon property of STATE so long as no damage is caused thereby. 12. In its use of the area, PERMITTEE shall comply with all published rules and regulations reasonable and necessary related to PERMITTEE's use. 14 13. This permit shall terminate at the end of the period as hereinafter provided except that STATE reserves the right to terminate for cause at any time during said period. In the event that PERMITTEE shall at any time be in default in respect to any of the conditions, covenants of matters performed hereunder, then in that event, STATE may at its option declare this agreement and all rights of PERMITTEE hereunder forfeited and terminated, provided, however, before any forfeiture shall be declared hereunder by reason of default as aforesaid, STATE shall cause to be given to PERMITTEE a written notice specifying the particulars wherein PERMITTEE is in default and demanding performance in accordance with the terms of this agreement. If within thirty (30) days after such notice is received, PERMITTEE shall fully comply therewith or in good faith shall have 15 16 17 18 19 20 21 22 23 24 25 26 27 29 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 29 commenced work necessary to comply therewith and henceforth shall diligently prosecute such work to completion, no forfeiture by reason of breach shall be declared hereunder, but, in the event of the failure of PERMITTEE to comply wit such notice, STATE may then declare and effect a forfeiture by reason of the default therein specified. 14. This permit shall not, nor shall any interest herein or 15. thereunder, be assigned, mortgaged, hypothecated, or transferred by PERMITTEE, whether voluntary or involuntary or by operation of law, nor shall permittee let or sublet or grant any license of permit with respect to the use· and occupancy of the premises of any portion thereof, ~ithout the written consent of STATE being first had and obtained. PERMITTEE shall procure commercial general liability insurance at least as broad as the most commonly available ISO policy form CG 0001 covering bodily injury, property damage and personal injury and with limits not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Said policy shall apply separately to each insured against whom any claim is made or suit is brought subject to the PERMITTEE'S limits of liability. PERMITTEE shall, also, procure property insurance at least as broad as the most commonly available special form policy with a limit of not less than $500,000. Said policy shall Page 7 l 2 4 5 7 8 9 10 11 12 13 14 lS 16 17 18 19 20 21 22 23 24 25 26 27 29 contain an endorsement naming the State as loss payable and provide that payments for any losses be made to State and PERMITTEE as co-payees and shall be used to repair, rebuild, restore or replace the insured Property at State's direction. If payments are not so used, they shall be made directly to State for rebuilding or repair as necessary in the discretion of the State. PERMITTEE shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles in use by PERMITTEE. PERMITTEE shall maintain statutory worker's compensation, and employer's liability coverage in the amount of $1,000,000/employee/disease/each accident, for all its employees who will be engaged in the performance of work on the Property, including special coverage extensions where applicable. Each policy of insurance required by this provision shall: (a) be in a form, and written by an insurer, reasonably acceptable to State, (b) be maintained at PERMITTEE'S sole expense, and (c) require at least thirty (30) days' written notice to State prior to any cancellation, nonrenewal or material modification of insurance coverage. Page 8 ! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 Insurance companies issuing such policies shall have rating classification of ''A" or better and financial size category ratings of ''VII" or better according to the latest edition of the A.M. Best Key Rating Guide. All Insurance companies issuing such policies shall be licensed to do business in the State of California. Such policies shall contain an endorsement naming the State as an additionally named insured at no cost to the State. PERMITTEE shall provide to State evidence that the insurance required to be carried by this provision, including any endorsement effecting the additional insured status, is in full force and effect and that premiums therefore have been paid. Such evidence shall, at State 1 s discretion, be in either the form of an ACORD Form (Certificate of Jnsurance) or DPR Form 169A (Certificate of Insurance for Concession Contracts/Special Events), or a certified copy of the original policy, including all endorsements. PERMITTEE is responsible for any deductible or self-insured retention contained within the insurance program. Should PERMITTEE fail to keep the specified insurance in effect at all times, the State may, in addition to any othe remedies it has, terminate this Permit. If any policy of insurance required by this provision lapses, evidence of a new policy shall be provided to the State within ten (10) working days of such lapse. Page 9 I l 4 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 16. PERMITTEE is required to ensure all contractors and subcontractors have adequate insurance meeting the coverage requirements in this provision. Any insurance required to be carried shall be primary, and not excess, to any other insurance carried by the State. Coverage shall be in-force for the complete term of this Permit and the work being done for which the Permit is required. PERMITTEE shall provide temporary barriers, fencing, flagging, or any other devices deemed necessary by STATE Park's representative to provide for the safety of park visitor(s). 17. This permit constitutes the sole and entire agreement between the Parties and supersedes all prior agreements, negotiations and discussions among the Parties, with respect to the subject matter covered hereby. The Parties acknowledge that, in entering into this permit, they are not relying upon any representations or warranties may be anyone other that those terms and provisions expressly set forth l this permit. It is expressly understood and agreed that this permit may not be altered, amended, waived, modified o otherwise changed in any respect or particular whatsoever Page 10 I I l 2 4 6 7 8 9 10 11 12 13 14 except by writing duly executed by authorized representatives of the Parties. The Parties further acknowledge and agree that they will make no claims at any time or place that this permit has been orally supplemented, modified or altered in any respect whatsoever. 18. All other applicable state, local and federal permits, including, but not limited to, coastal development permits, shall be the responsibility of PERMITTEE. Prior to commencement of construction, PERMITTEE shall provide STATE with copies of all applicable coastal development permits, exemptions or other approvals. ~s 19. Each party agrees to bear its own attorneys' fees and costs 16 of suit incurred as a result of any dispute arising from 17 this permit. 18 19 20. Amendments or changes to this permit shall be only in 20 writing and by the STATE'S representative. STATE'S 21 representatives will be as follows and in priority order: 22 23 1. District Superintendent, San Diego Coast District 24 25 26 2 . Manager, Southern Service Center 27 3. State Park Land Officer, Southern Service Center 29 Page 11 1 1 20. The term of this permit begins on the date of approval by 2 4 5 6 7 a 9 10 11 12 13 14 .5 16 17 18 19 20 21 22 23 24 25 26 27 •q 29 21. II II II II II STATE and ends May 1, 2007. Any notice, request, information or other document to be given in accordance with this permit must be in writing and must be delivered in person or sent by prepaid messenger, delivery service or U.S. Mail. Any writing delivered in person or by U.S. Mail will be considered given on the day the writing is received by the intended recipient. Any notice sent by messenger or delivery service will be considered given on the date the messenger or delivery service guarantees delivery. Any notice sent by certified U.S. Mail will be considered given on the date of delivery shown on the receipt card, or if no delivery date is shown, on the date of the postmark on the receipt card. All writings are to be given at the addresses indicated below: PERMITTEE: STATE: Mr. Stan Marks NRG Energy Inc. 750 B Street, Suite 2740 San Diego, CA 92101 John Quirk, Acting Superintendent San Diego Coast District 9609 Waples Street Suite 200 San Diego, CA 92121 Page 12 I 1 II PERMITTEE HEREBY ACCEPTS THE TERMS 3 AND CONDITIONS OF THIS PERMIT 4 5 6 7 8 PERMITTEE 23 24 25 26 27 29 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION APPROVED AS OF DATE ____ l_~ __ l_~~~-~--~---------- Page 13 EXHIBIT A T 12S., R.4&5W.,S.B.8.&M. . SAN DIEGO COUNTY ) PAC.IF.!C OCEAI'' 0 0 FOR SCHE.OUl.ES: SEE SHEET 2 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ORDER NO. 96-32 GENERAL WASTE DISCHARGE REQUIREMENTS FOR MAINTENANCE DREDGE/FILL PROJECTS CONDUCTED IN NAVIGABLE WATERS WITHIN THE SAN DIEGO REGION The California Regional Water Q~ality Control Board, San Diego Region (hereinafter Regional Board), finds that: 1. Maintenance dredging and dredged material disposal are ongoing activities within the San Diego Region, which may adversely impact water quality. The dredging and disposal process can disturb bottom sediments leading to the release of pollutants into the water column by resuspension of contaminated sediment particle; dispersal of interstitial water in the sediment pores; and desorption of chemicals · from the contaminated sediment. Common toxic constituents of many sediments include ammonia, low dissolved oxygen and hydrogen sulfide. 2. Maintenance dredge is defined as excavation and re~oval of accumulated sediment for maintenance of navigation channels, canals, and existing marina basins and boat slips to previously authorized depths or controlling depths for ingress/egress whichever is less, provided that the disposal of dredged sediment is in an area authorized by all applicable state and federal regulatory agencies. 3. Pursuant to California Wate~ Code, Section 13263, this Regional Board issues waste discharge requirements for maintenance dredged and fill projects. 4. The issuing of this Order establishing general waste discharge requirements is consistent with the goal to provide water resources protection, enhancement and restoration while balancing economic and environmental impacts as stated in the Strategic Plan of the California State Water Resources Control Board and the Regional Water Quality Control Boards. 5. Bristol Cove Dredging Project, Aqua Hediond~ Lagoon Dredging Project, and Oceanside Harbor-Sand Disposal Project are currently regulated by the following individual waste discharge requirements Order Nos. 75-35, 86-44, and 94-124. 6. Section 404 of the Federal Clean Water Act establishes a o:rde:r No. 96-32 -2- federal program for reg~lating the discharges of dredged and fill material into waters of the United States (U.S). The Section 404 program is administered at the federal level by the U.S. Army Corps of Engineers (ACOE) and the U.S .. Environmental Protection Agency (or U.S EPA). Therefore proponents of project regulated by this general permit ~hall obtain a 404 permit from ACOE. 7. Pursuant to Section 401 of the Clean Water Act (CWA), this Regional Board considers whether waste discharge requirements should be adopted for an activity subject to CWA Section 404, whether the adoption of waste discharge requirements should be waived.,, Hhethe,r a certification, with or without conditions, should be issued, or whether certification should be denied. · The adoption of these waste discharge requirements constitutes a waiver of water quality certification for the prpj~cts authorized under this Order pursuant to Section 401 'o~· the Clean Water Act. 8. The adoption of general waste discharge requirements for maintenance dredging and disposal of dredged spoils projects would assist in: a. Protecting the groundwaters and surface waters of the state f~om contamination. b. Simplifying and expediting the application process for the discharger. c. Reducing Regional Board time expended on preparing and considering individual waste discharge requirements for each project. 9. Maintenance dredge and fill projects include one or more of the following processes: a. Dredging b. Beach replenishment (onshore and offshore) c. Ocean disposal d. Upland disposal 10. The Basin Plan identifies the following beneficial uses of the surface waters (includes inland surface waters and marine waters -not all surface waters have all of the beneficial uses listed below) in the San Diego Region: a. Municipal and domestic supply; b. Agricultural supply; c. Industrial service supply; Order No. 96-32 . -3- d. Industrial process supply; e. Groundwater recharge; f. Freshwater replenishment; g. Navigation; h. Hydropower generation; i. Water contact recreation; j. Non-contact water recreation; k. Ocean commercial and sport fishing; l. Warm fresh-water habitat; m. Cold fresh-water habitat; n. Preservation of areas of special biological significance; o. Saline water habitat; p. Wildlife habitat; q. Preservation of rare and endangered species; r. Marine habitat; s. Fish migration; t. Fish spawning; and, u. Shellfish harvesting. 11. The Regional Board, in establishing the requirements contained herein, considered factors including, but not limited to the following: (a) past, present, and probable future beneficial uses of the waters under consideration; (b) environmental characteristics of the hydrographic unit under consideration, including the quality of water available thereto; (c) water quality conditions that could reasonably be achieved through the coordinated control of all factors which affect water quality-in the area; (d) economic considerations; (e) the need for developing housing within the ~egion; (f) the need to develop and use recycled water; (g) beneficial uses to be protected and water quality objectives reasonably required for that purpose; (h) other waste discharges; and ( i) the need to prevent nuisance. 12. Maintenance dredging and fill projects involve a minor alteration to land and as such is e;-:empt from the provisions of the California Environmental Quality Act in accordance with Title 14, California Code of Regulations, Chapter 3, Order No. 96-32 -4- Section 15304 (g). 13~ .Pursuant to this Order, the E::ecutive Officer will notify this Regional Board of the receipt of an application and issuance of_an authorization letter at the next regularly scheduled Regional Board meeting. 14. The"Regional Board has considered all water resource related environmental factors associated with the discharge of waste associated with dredge/fill projects as described in this Order. 15. The Regional Board has notified the ACOE and all other known interested parties of the intent to prescribe ~aste discharge requirements for dredge/fill projects as described in this Order. 16. The Regional Board in a public meeting heard and considered all comments pertaining to the proposed discharge. IT IS HEREBY ORDERED, that each authorized discharger (hereinafter discharger) shall comply with the following: A. ELIGIBILITY 1. The project proponent must submit a complete report of waste discharge (RWD) and an appropriate filing fee for each maintenance dredge and fill project. The report of waste discharge shall include the following: a. The documentation shall include a requirement-by- requirement analysis based on acceptable engineering practices, of how the operation of maintenance dredged and fill project will ensure compliance with Section B and Section C of this Order. b. Documentation that the ACOE has determined that the proposed project is a "maintenance project" . . c. Documentation that the ACOE and EPA have concluded that dredged materials proposed for near~shore disposal or for beach replenishment had been tested adequately, are predominantly sand (at least 80% with a grain size of >63 micrometers), and have no significant chemical contamination and/or are free of toxicity. d. Documentation that the proposed project will comply with all applicable requirements of this Order. Order No. 96-32 -5- 2. Prior to beginning any maintenance dredged and fill project, the applicant must receive an authorization letter from the Regional Board's E::ecuti ve Officer which states that it is appropriate to regulate the proposed project under general waste discharge · requirements, and an .individual permit is not required. The authorization letter shall specify the following: a. .tv1a::imum volume of sediment and location that can be dredged and disposed; and b. -~~y modification to Monitoring and Reporting Program No. 96-32; and c. _z:ny other conditions necessary to protect the beneficial uses of the receiving water. 3. The E::ecuti ve Officer may require any discharger authorized under this Order to apply for and obtain an individual waste discharge requirements with more specific requirements by notifying the discharger in writing that an individual permit application is reauired. The notice shall include a deadline for the discharger to file the application, an application and a fee schedule. 4. When an individual waste discharge requirements with specific requirements is issued to a discharger, the appl icabi li ty of this· general permit to the individual per~ittee shall be terminated on the effective date of the individual permit. 5. Notwithstanding the conditions specified above, individual cases may be brought to the Regional Board for consideration of waste discharge requirements when deemed appropriate by the Regional Board's Executive Officer. B. PROHIBITIONS 1. Discharges of dredged material and dredge material return water in a manner and to lands which have not been specifically described in the report of waste discharge and for which valid waste discharge requirements are not in force are prohibited. 2. Dredging, storage or disposal of dredged material and return water in a manner that create a pollution, contamination or nuisance, as defined by ewe Section 13050 is prohibited. 3. Dredging, storage or disposal of dredged material and Order no. 96-32 -6- return water in a manner that causes a violation any Scsin Plan prohibition or any Basin Plan water quality objective established for San Diego Bay is prohibited. The relevant sections from the Basin Plan are contained in Attachment No. 1 to this Order. 4. The discharge of materials of petroleum origin in sufficient quantities to be visible is prohibited. C. OPERATION SPECIFICATIONS 1. Sediment shall be tested according to docQment entitled "1991 Evaluation of Dredge Materials Proposed for Ocean Disposal" under the direction and approval of the _l\COE c.nd EPA. 2. Sediment shall be removed or disposed in a manner that will not cause significant water quality degradation. Tu~bidity at Stations C and E shall not increase more ~hc.n 20 percent over the turbidity at Stc.tions A and D :espectively. These stations are identified in Section ;.l and G.l of the Monitoring and Reporti~g Program No. 96-32. 3. If dewatering is conducted as part of the dredging, ~ransportation or disposal projects and if the dredged sediment is not suitable for ocean disposal or beach ~eplenishment, a sediment dispersal control device such as a double silt curtain shall be installed around any 0o~nt source discharge of the return wate~ to surface 'i·ia ters. 4. Sediment shall not be deposited in a location that may cause significant adverse effects to aquatic life, fish, shellfish, or wildlife or may harm the beneficial uses of the receiving waters, or does not create maximum benefit to the people of the state. Beach replenishment activities at designated grunion spawning sites during the spawning season will be suspended unless the beach replenishment activities are· authorized by the Department of Fish and Game. 5. The project shall not cause significant adverse impacts upon a federal sanctuary, recreational area, or other vJaters of significant national importance. 6. Sediment to be used for beach replenishment shall be classified in accordance with California Code of Regulations, Title 23, Division 3, Chapter 15 (Chapter 15), Article 2: The material is classified based on its threat to water quality (TTWQ,) which is determined from results of sediment and elutriate chemical Order No. 96-32 -7- 7. analyses subrnitced in the RWD. Based on the information provided in the RWD, these materials shall be classified as inert for disposal at a site that is not regulated as a classified waste rn~nagement u~it. The discharger shall comply with attached Monitoring and Reporting Program No~ 96-32, and future revisions thereto as specified by the Executive Officer. Monitoring results shall be reported at the intervals specified in Monitoring and Reporting Program No. 96- "Jj ..)'-• D. STANDARD PROVISIONS 1. DUTY :?0 COMPLY The di.scharger must comply with all conditions of this Order. Any noncompliance with this Order constitutes a viola~ion of the California Water Code and is grounds £or (a: enforcement action; (b) termination, revocation and rei.ssuance, or modification of this Order; or (c) denial of a report of waste discharge in application for new or revised waste discharge requirements. 2. ENTRY .J..ND INSPECTION The discharger shall allow the Regional 3oard, or an authorized representative upon the presentation of creden~ials and other documents as may be required by law, to: (a) Enter upon the discharger's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Order; (b) Eave access to and copy, at reasonable times, any records that must be kept under the conditions of this Order; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order; and . (d) Sample or monitor at. reasonable times, for the purposes of assuring compliance with this Order or as otherwise authorized by the California Water Code, any substances or parameters at any location. 3. PROPER OPERlJ.TION AND MAINTENANCE Order No. 96-32 -8- The discharg~r shall, at all times, properly operate and maintain all facilities and systems of treatment and control (and rela~ed appurtenances) which are installed or used by the discharger to achieve compliance with the conditions of this Order. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar syster.,s only 1·1hen necessary to achieve compliance 1vi th the conditions of this Order. 4. CIVIL 1vJONETARY REMEDIES The California Water Code provides that any person who intentionally or negligently violates any waste discharge requirements issued, reissued, or amended by this Regional Board is subject to a civil monetary remedr of up to 20 dollars per gallon of waste discharged or, if a cleanup and abatement order is issued, up to 15,000 dollars per day of violation or some combination thereof. 5. PENALTIES FOR INVESTIGATIONr MONITORING CR INSPECTIOJI: VIOLATIONS The California Water Code provides that any person faili~g or refusing to furnish technical or monitoring program reports, as required under this Order, or falsifying any information provided in the monitoring reports is guilty of a misdemeanor and is subject to a civil liability of up to 5,000 dollars for each day in which the violation occurs. 6. ENDANGEFMENT OF HEALTH lJ.ND ENVIRONMENT The discharger shall report any noncompliance which may endang~r health or the environment. Any such information shall be provided orally to the Executive Officer within 24 hours from the time the discharger becomes aware of the circumstances. A written submission shall also be provided within five days of the time the discharger becomes aware of the circumstances. The written submission shall contain a description ~f the noncompliance and its cause; the period of noncompliance, incluping exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The E~:ecuti ve Order No. 96-32 -9- Officer, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has be~n received within 24 hours. 7. CORRECtiVE ACT ION The discharger shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from no'ncompliance with this Order, including such accelerated or additional monitoring as may be necessary to determine the nature 2.nd impact of the nonc_ompliance. 8. COMPLI.IJ.NCE t' In an enforcement action,, it shall not be a defense for the discharger that,it would have been necessary to halt or reduce the P-ermitted activity in order to ~aintain compliance'~ith this Order. Upon -reduction, loss, or failure of t~e treatment facility, the discharger shall, to fhe. e:-:tent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or c:n alternative method of trea"trnent is pro7ided. This provision applies for e:-:ample, when the primary source of power of the treatment facility is failed, reduceJ, or lost. 9. h')J .. Z.Zl...RDOUS RELEASES E=:cept for a discharge which is compliance with these \-l2S te discharge requirements, any person who, without regard to intent or negligence, causes or permits any hazardous substance or sewage to be discharged in or on any waters of the State, shall as soon as (a) that person has knowledge of the discharge, (b) notification. is possible, and (c) notification can be provided Hithout substantially impeding cleanup or other emergency measures, i~ediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State toxic disaster contingency plan adopted pursuant to Article 3.7 (commencing with Section 8574.7) of Chapter 7 of Division 1 of Title 2 of the Government Code, and immediately notify the State Board or the-appropriate Regional Board of the discharge. This provision does not require reporting of~any discharge of less than a reportable quantity as provided for under subdivisions (f) and (g) of Section 13271 of the Water Code unless the discharger is in violation of a prohibition in the applicable Water Quality Control Plan. 10. PETROLEUM RELEASES E::cept for a discharge which is in compliance with +-h<Oc.o:. r.l.::>o:::t-p rli -:::rn.::~rac:: n::auirements. anv person who Order No. 96-32 -10- vJithout regard to intent or negligence, causes or permits any oil or petroleum product to be discharged in or on any waters of the State, or discharged or deposited where it is, or probably will be, discharged in or on any waters of the State, shall, as soon· as (a) such person has knowledge of the discharge, (b) notification is possible, and (c) notification can be provided without substantially impeding cleanup or other emergency measures, immediately notify the Office of Emergency Services of the discharge in accordance with the spill reporting provision of the State oil spill contingency plan adopted pursuant to Article 3.5 (commencing with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the Government Code. This requirement does not requ.ire ·reporting of any discharge of less than 42 gallons u0tess the discharge is also required to be reported pGrsuant to Section 311 of the Clean Water Act or~the discharge is in violation of a prohibition in the.~pplicable Water Quality Control Plan. ' '\ '· E. REPORTING AND RECORDKEEPING REQUIREMENTS 1. INIT L4L REPORT The discharger shall notify the Regional Boa1·d E~:ecutive Officer of the commencement of all dredging activities by letter prior to starting their project. The notification shall be received by the Regional 2oard at least three days before any dredging work begins. 2. PER~IT REPOSITORY A copy of this Order shall be maintained· at the discharger's facility and shall be available to operating personnel at all times. 3. ~L4INTENANCE OF RECORDS The discharger shall retain records of all monitoring information, including all calibration and maintenance records, copies of all reports required by this Order, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of five years from -the date of the sample, measurement, report, or application. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board Executive Officer. 4. GENERAL REPORTING REQUIREMENT The discharger shall furnish to the Executive Officer of this Regional Board, within a reasonable time, any information which the Executive Officer may request to Order No. 96-32 -ll- determine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The discharger shall also furnish to the Executive Officer, upon request, copies of records required to be kept by this Order. 5. PERMIT REVISION This Order may be modified, revoked and reissued, or terminated for cause including, but not limited to, the f o 11 o \vi n g : (a) Violation of any terms or condifions of this Order; t. (b) Obtaining this Ord~r~ by misrepresentation or failure to di~close fully all relevant facts; or ... ~ ~ (c) A change· in an'y-<cdndi tion that requires either a temporary or peimanent reduction or elimination of the authorized d~ischarge. The filing of a request by the discharger for the· modification, revocation and reissuance, or termination of this Order, or notification of planned changes or anticipated noncompliance does not stay any condition of this Order. 6. CH.'!J.NGZ IN DISCHll.RGE The discharger shall file a new Report of Waste Discharge at least 120 days prior to the following: (a) Significant change in the treatment or disposal method (e.g.·, change in the method of tre.atment which would significantly alter the nature of the ivaste.) (b) Change in the disposal area from that described in the findings of this Order. (c) Increase in volume of dredged material beyond that specified in the Executive Officer's authorization letter. (d) Other circumstances which result in a material change in character, amount, or location of the waste discharge. (e) Any planned change in the regulated facility or activity which may result in noncompliance with this Order. 7. CHANGE IN OWNERSHIP This Order is not transferrable to any person except Order No. 96-32 -12- 0 u. afcer notice to the Executive Officer. The discharger shall submit this notice in writing at least 30 days in advance of any proposed transfer. The notice must include a written agreement bet~>Jeen the e::isting and new discharger containing a specific date for the transfer of this Order's responsibility and coverqge between the current discharger and the new discharger. This agreement shall include an acknowledgement that the e~isting discharger is liable for violations up to the transfer date and that the new discharger is liable from the transfer date on. The Regional Board may require modification or revocation and reissuance of this Order to change the name of the discharger and i~corporate such other requirements as may be necessary under the California Watf:r Code •. • > INCOMPLETE REPORTS \"ihere the discharg~l_pecomes a\1are that it failed to submit any relevant facts in a Report of Waste Discharae or submitted incorrect information in a Report of Waste Disch~rge or in any report to the Regio~al Board, it shall promptly submit such facts or infor:::la t ion. 9. REPORT DECLiiR4TION ~ll applications, reports, or information submitted to ;:he E::ecutive Officer shall be signed and certified as follo~·iS: (a) The Report of Waste Discharge shall be signed as follows: (1) For a corporation -by a principal executive officer of at least the level of vice- president. (2) For a partnership or sole proprietorship -by a general partner or the proprietor, respectively. (3) For a municipality, state, federal or other public agency -by either a principal executive officer or ranking elected official. (b) All other reports required by this Order and other information required by the Executive Officer shall be signed by a person designated in paragraph (a) of this provision, or by a duly authorized representative of that person. An individual is a duly authorized representative only if: il) The authorization is made in v;riting by a Order no. 96-32 -13- person described in paragraph (a) of this provision; (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity; and (3) The written authorization is submitted to the E~~ecutive Officer. (c) _n~'1Y person signing a document under this Section shall make the following certification: "I certify under penaltv of law thc.t I have personally e~amined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that :he information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." l 0. 33GICNAL BOA.RD .ZiDDRESS T~e discharger shall submit reports recuired under this O:::der, or other information reauired by the S::ecutive Officer, to: E::ecuti ve Officer California Regional Water Quality Control Board San Diego Region 9771 Clairemont Mesa Blvd, Suite A San Diego, California 92124-1331 F. NOTIFICATIONS l. VESTED RIGHTS This Order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the discharger from liability under federal, state or local laws, nor create a vested right for the discharger to continue the waste discharge. The Order does not preempt or supersede the authority of other federal, state, or local agencies to prohibit, restrict, or control any maintenance dredge and fill project subject to these waste discharge requirements in any manner subject to their authority. 2. U.S. EP.4 REVIEW Order No. 96-32 -14- These requirements have not been officially reviewed by the United States Environmental Protection Agency and - are not issued pursuant to Section 402 of the Clean \Ala ter Act. 3. SEVER4BILITY The provisions of this Order are severable, and if any orovision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, -and the remainder of this Order, shall ~ot be affected thereby. 4. ORDER NOs. 75-35, 86-44, 94-124 This Order supersedes_ Order Nos. 75-35, 86-44, and 94- 124. This Order becomes effective on the date of adoption by the Regipnal Board. 5. i\;ATER QUALITY CERTIFICii.TION I, John E. foregoing by the Cal Region, or. The adoption of these general waste discharge ~equirements constitutes a waiver of water quality certification for every project covered by this Order oursuant to Section 401 of the Clean Water Act. ?.obertus, E:~ecutive Officer, do hereby certify the s a full, true, and correct copy of an Order adopted fornia Regional Water Quality Control Board, San Diego Hay 9, 1996. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION MONITORING AND REPORTING PROGRAM NO. 96-32 FOR DREDGE/FILL PROJECTS CONDUCTED IN NAVIGABLE WATERS WITHIN THE SAN DIEGO REGION A. MONITORING PROVISIONS 1. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitoring discharge. All samples shall be taken at the monitoring points specified in this Monitoring and Reporting Program and, unless otherwise specified, before the effluent joins or is diluted .by any other waste stream, bodv of water, or substance. Monitorinq points shall not Se changed without notification to a~d the approval of the Executive Officer. · 2. Monitoring must be conducted according to United States Environmental Protection Agency test procedures approved Gnder Title 40, Code of Federal Regulations (CFR), Part 136, Guidelines Establishing Test· Procedures for P~alysis of Pollutants Under the Clean Water Act as amended, unless other test procedures have been specified in this Monitoring and Reporting ?rogram. 3. All analyses shall be performed in a laboratory certified to perform such analyses by the California Department of Health Services or a laboratory .approved by the Executive Officer. 4. Monitoring results must be reported on discharge monitoring report forms approved by the Executive Officer. 5. If the discharger monitors any pollutant more frequently than required by this Monitoring and Reporting Program, using.test procedures approved under 40 CFR, Part 136, or as specified in this Monitoring and Reporting Program, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the discharger's monitoring report. The increase in frequency of monitoring shall also be reported. 6. The discharger shall retain records of all monitoring Monitoring and Reporting ~2- information, including all calihration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Monitoring and Reportirig· Program, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of five years from the date of the sample; measuremerit, report, or application. This period may be extended during the course of any unresolved litigation regarding this discharge or when requested by the Regional Board Executive Officer. 7. Records of monitoring .information shall include: (a) The date, e;:act place, and time of sampling, measurements, or observations; (b) The individual(s) who performed the sampling, measurements, or observations; (c) The date (s) analyses were performed; (d) The individual(s) who performed the analyses; (e) The analytical techniques or method used; and, (f) The results of such analyses·. 8. ~ll monitoring instruments and devices which are used by the discharger to fulfill the prescribed monitoring program shall be properly maintained and calibrated as .necessary to ensure their continued accuracy. 9. The discharger shall report all instances of noncompliance not reported under Reporting Requirement 96-32 of this Order at the time monitoring reports are submitted. The ~eports shall contain the information listed in Reporting Requirement 96-32. 10. The monitoring reports shall ~e signed by an authorized person as required by Reporting Requirement 96-32. 11. A grab sample is an individual sample of at least 100 milliliters collected at randomly selected time over a period not exceeding 15 minutes. B.· INITIJI..L REPORT The discharger shall notif~ the Regional Board by letter prior to starting their project. The notification shall be received by the Regional Board at least three days before any dredging w~rk begins. C. OPERATIONS MONITORING The discharger shall submit as part of their monitoring report the following information: Mon1toring and Reporting -3- 1. Estimates of the daily volume (in cubic yards) of dredge material, the location from which ~he material was removed, and the location where the material was deposed of. 2. The total volume (in cubic yards) of dredged material removed during the project and the total volume (in cubic yards) of material deposited at each final disposal location. D. VISU.L.L OBSERVATIONS ;._,. During any monitoring conducted pursuant to this monitoring and reporting program, visual observations shall also be made and recorded and submitted as part of the required reports. The following observations shall be made and recorded: 1. '/ "'-. _:, 0 4. c. ..). soeed and direction of the currents: tidal stage; appearance of rubbish or refuse (includi~g cans, bottles, paper, plastic, etc.), garbage, ~rash or any ·other· solid waste; appearance of oil or other materials of ~etroleum origin; aiscoloration and extent of any visible turbiditv plume; and, 6. odors. RECEIVING WATER MONITORING l. TURBIDIT·:r:· Sampling shall occur at three sampling stations. Station A is at SOO.feet updrift of the dredging activities. Station B is inside any visual plume at the dredging site and/or within the silt curtain if possible. Station C is between 0 and 250 feet downdrift outside the silt curtain of the dredging activities and inside any visual plume if possible. At these stations, a Secchi Disc or turbidity meter shall be used each day during dredging activities to sample turbidity. If turbidity at Station C increases more than 20% over the turbidity at Station A, the dredging operations shall be suspended and appropriate measures taken, the Regional Board Executive Officer notified and remedial measures shall be implemented. 2. CHEMICAL ~~ALYSIS A minimum of two grab samples of the receiving water at mid- depth shall be collected within the visible turbidity plume at the dredging site and at the near-shore disposal site and Monitoring and Reporting -4- analy:ad for the listed constituents. At least one sample shall be at each station identified in the above Item E.l: CONSTlTUENT Total suspended solids hydrogen sulfide polar and nonpolar grease & oil F. SUPEFUI_::_T?..NT UNIT mg/L mg/L S.?J'1PLING REPORTING FREQUENCY FREQUENCY monthly monthly monthly quarterly quarterly quarterly Whenever dredged materials are being deposited directly onto the beach, samples of supernatant from a loaded barge shall be collected three times a week and analyz~d for polar and nonpolar oil and grease and reported quarterly. G. BEACE MJNITORING l. Tu:::'ci.dir::y Whenever dredged materials· are being deposited directly onto the bea:h, 'dater samr-·les sh2ll be tc.ken c.t three sampling stc.tions. Station Dis c.t 3000 feet updrift of the disposal site a~d 500 feet offshore. Station E c.t 1500 feet downd:::ifc of the dispose.! sire and 500 feet offshore. Starion F is at disposal site c.nd inside any visual plume if possible. At these stations/ 2. Secchi Disc or turbidity meter s~c.ll be used weekly during disposal activities to sample ~urbidity. If turbidity at Station E increases more than 20~ over the turbidity at Station D, the disposal operc.tions shall be suspended and appropriate measures taken, the Regional Board E::ecu t i ve Officer notified and remedic.l measures shall be i~plemented. 2. Coliform Whenever dredged materials are being deposited directly onto the beach, three replicate water samples shall be taken once per week within 100 feet down current of each dredged rn·aterial disposal point (s). If any water sample is found to contain bacteria in levels that exceed Ocean Plan Bacterial Water-Contact Standards, the Department of Health Services of the applicable County shall be notified immediatel}~and the Regional Board shall be notified within 24 hours. Additional daily sampling shall be conducted within the surf ~on~ a~ 100, ?OO, ~00 and l,?OO feet do~ncurr$nt of ~he o.reo:jeo rnat.er1al d1sposal po1nts (s) unt1l theAbacterlal contamination is noted for three consecutive/ ays. Monitoring and Reporting -5- Monitoring reports for beach sampling, when all samples are in ~ompliance with all water quality standards, shall be submicced quarterly. If any sample is identified as e::ceeding 1.va ter quality standards, a report shall be submitted \vithin 15 days after it has been determined-that water qualicy has returned to compliance with applicable standc.rds. E::ceot as indica ted c.bove, v:hen no rna terials c.:!:"e being disposed directly on the beach, no beach monitoring is requirej. H. COl1PLLZ...!.,KE ST_Z!_TEMENTS The discharger will submit_ statements indicating compliance or noncompliance of the proposed project with the requirements of Order No. 96-32. Comoliance statements will be s~bcitted quart~:!:"ly uncil project ~ompletion. The dischc.rger will noti£v the Regionc.l Board by letter upon comfle:ion of the project. ?reject comple:ion is considered to be the dace on which all dredged ffiaterial has been depcsi:ed at its final disposal location. l'ioni:·:rinq reports sr:all be submitted to L:ne E::ec11tive Office: in accordance with the following schedule: Reporting ~reauencv Report Period Reoort Due Quarterl::/ January 1 Febr11ary 1 March .n.pri l 3 0 April 1 May, June July 30 July, August, September October-30 bctober,November,December Januc.ry 30 The discharger shall notify the E::ecutive Officer by letter the date dredging activities subside and the date activity resumes. CP.LIFORl·E_:._ REc;IONP.L ~·JP_TER QU_L.LIT":{ CONTROL BO.~Q.D S.D..N DIEGO REGION ATTACHMENT NO. 1 TO ORDER NO. 96-32 GEN~:::t:c.L V>JASTE DISCHJl.RGE REQUIREMENTS FOR l.W_INTENP.JJCE DREDGE/ FILL PROJECTS CONDUCTED IN NP..VIGP.BLE 1f7}\TERS l1iiiTHIN THE SAN DIEGO REGION COMPREHENSIVE WATER QUALITY CONTROL PLAN, SAN DIEGO REGION Prohibitions Selected special cons:aerations are to be applied as discharge regulations over and above constraints established by water quality objectives and effluent limitations. These prohibitions, listed subsequently, are applicable to any oerson as defined bv Se~tion 13050(c) of the California Water Code and to anv ~erson who is a citl:e~, domiciliary, or political 'agency or en~ity of Calif;rnia whose activities in Ca~ifornia affect the quality of waters in the San Diego ?.egion. The discharae cf waste to waters of the state in a manner causing, or threatening-to cause a condition of pollution, contamina~ion or nuisance as defined i~ Califcrnia Water Code Section 13050 is prohibited. The discharge of waste to land, exceot as authorized by waste discharae requiremencs or :he terms described ln California Water Code Section l3264 is pror,ibi ted. The discharce of oollutan~s or dredaed and fill material to waters of the Uni:ed St=.t:es e:·:cspt as authorized by an NPDES permit or a dredged or fill material ~er:r,i.: •subject to the e:·:emption described in Ca.2..ifornia ~·iater Code §13376) is pro:-. .:.~ited. The dumping or deposition or discharge of waste direccly into wa:ers of the state, or adja=e~: to such waters in any manner which may permit its being transpor~ed i~:~ waters, is prohibited unless authorized by the Regional Board. The discharge o~ waste in a manner causing flow, pending, or surfacing on lands net owned or under the control of the discharger is prohibited, unless the discharge ls authorized by the Regional Board. Any discharge tc a storm water conveyance system that is not composed entirely of "s:orm water" is prohibited unless authorized by the Regional Board. (The feder-al regulations, 40 CFR 122.26 (b) (13), defi.na storm water as runoff, snow melt runoff, and surface runoff and drainage. 40 CFR 122.26 (b) (2) defines an illicit discharge as any discharge to a storm water conveyance system that is not composed entirely of storm water except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities.] [§122.26 amended at 56 FR 56553, November 5, 1991; 57 FR 11412, Jl_pril 2, 1992]. The discharge of radioactive wastes amenable to alternative methods ~f disposal into the waters of the state is prohibited. The discharge of any radiological, chemical, or biological warfare agent into waters of :he state is prohibited. The discharae of waste into a natural or excavated site below historic water levels is p~ohibited unless the discharge is authorized by the Regional Board. P"-o= ? Attc.chment No. l tc Gene!.:al vJD" for Dtedge/Fill Projec~s The discharge of sand, silt, clay, or other earthen materials from any activity, including land grading and construction, in quc.ntities "'hich cause deleterious bottom deposits, turbidity or discoloration in waters of the state or which unreasonably affect, or threaten to affect, beneficial uses of such ~aters is prohibited. The discharae of untreated sewage from vessels to San Diego Bay is prohibited. - The discharge of treated sewage from vessels to portions of San Dieao Bay that are less thc.n 30 feet deep at mean lower low water (MLLW) is prohibiteci. The discharge of treated sewage from vessels, which do not have a properly functioni:.g US Coast Guard certified Type I or Type II marine sanitation device, t8 portions of San Diego Bay that are greater than 30 feet deep at mean lower low wacer (MLLW) is prohibited. Water Quality Objectives The following ooJectives apply to all inland surfate waters and enclosed bays and estuaries of the ~egion with the exception of ocean waters . . ZI.rn.rnonia The discJ::::.:ge of ;.;astes shall not cause concentrations of un-ionized ammonia (NH) to e~=eed 0.025 mo/1 (as N) in inland surface waters, enclosed bays and estuaries and coastal l~goons. Bacteria In waters desionated for contact recreation (REC-1), the fecal coliform concentrat.:..o::l based on a minimum of not less than five samoles ior anv 30- day period, shal1. not: exceed a log mean of 200/100 ml, nor-shall more-than 10 percec: c: toc.al samples during any 3G-day ~eriod excee·::i 400/100 ml. In waters desiana:ed for non-contact recreation (REC-1) and not designated for Conte.=: recreation (REC-1), the average fecal coliforn concentrations for anv :3·:-:::c.·.' oeriod, shall not exceed 2, 000/100 ml nor shall more than 10 percen~ c£ sa~?les collected during any 30-day period exceed 4000/100 ml. In waters ;.;here shellfish harvesting for human consumption, commercial or spo~t pur~oses is designated (SHELL), the median total coliform concentra~icn throughout the water column for any 30-day period shall not exceed 70/100 ml nor shall more than 10 percent of the samples collected during any 30-day period exceed 230/100 ml for a five-tube decimal dilution test or 330/100 ml when a three-tube decimal dilution test is used. In bays a::1d estuaries, the most probable number of coliform oraanisms in the upper 60 feet of the water column shall be less than 1,000 per-100 ml (10 per m1); 9.:ovided that not more than 20 percent of the sam~les at any sampling scation, in any 30-day period, may exceed 1,000 per 100 ml (10 per ml), and ~rovided further that no single sample when verified by a repeat sample tai:en within 48 hours shall exceed 10,000 per 100 ml (100 per ml). In San Diego Bay where bay waters are used for whole fish handling, the density of E. coli shall not exceed 7 per ml in more than 20 percent of any 20 daily consecutive samples of bay water. Biostimulacory Substances Inland su=face waters, bays and estuaries and coastal lagoon waters shall not contain bioscimulatory substances in concentrations that promote aquatic growths tc the extent that such growths cause nuisance or adversely affect beneficial uses. Color page 3 A~tachment No. l to General WD~ for Dr~dge/Fill Projec~s Waters shall be free of coloration that causes nu1sance or adversely affects beneficial uses. Dissolved Oxygen Dissolved oxvoen levels shall not be less than 5.0 mall in inland surface waters design~ted h~~ or WARM beneficial uses or les; than 6.0 mg/l in waters with designated COLD beneficial uses. The annual mean dissolved oxygen concentration shall not be less than 7mg/l more than 10~ of the time. Floating Material Waters shall not contain floating material, includina solids, liquids, foams, and scum in concentrations that cause nuisanc~ or adversely affect beneficial uses. Hydrogen Ion Concentration Changes i1: normal ambient pH levels shall not exceed 0.2 units. In bays and estuaries the pH shall not be depressed below 7.0 nor raised above s.s: Oil and Grease Waters shall not contain oils, greases, waxes or other materials in concentrations that result in a visible film or coating on the surface of the water or on oblects in the water, that cause nuisance, or that otherwise adversely affect b~neficial uses. · Radioactivity Radionuclides shall not be present in concentrations that are deleterious to human, plant, animal, or aquatic life nor that result in the accumulation of radionuclides in the food web to an extend that presents a hazard co humane, plant, animal or aquatic life. Sediment The suspended sediment load and susoended sediment discharge rate of surface waters shall not be altered in such·a manner as to cause nuisance or adversely affec~ beneficial uses. Susoended and settleable Solids ~ Waters shall not contain suspended and settleable solids ln concen~rations that ca~se nuisance or adversely affect beneficial uses. Tastes and Odors Waters shall not contain taste or odor-producing substances in concentrations that cause nuisance or adversely affect beneficial uses. Temperature The natural receiving water temperature of intrastate waters shall not be altered unless it can be demonstrated to the satisfaction of the Regional Board that such alteration in temperature does not adversely affect beneficial uses. At no time or place shall the temperature of any COLD water be increased more than S'F above the natural receiving water temperature. Toxicity All waters shall be maintained free of toxic substances in concentrations that are toxic to, or that produce detrimental physiological responses in human, plant, animal, or aquatic life. Compliance with this objective will be determined by use of indicator organisms, analysis of species diversity, ::::aoe 4 ~:~achmen~ No. ! co Gene~al ~~~ for D~edge/Fill P~oJects population density, growth anomalies, bioassays of approp~iate duration or othe~ approp~iate methods as specified by the Regional Board. Turbidi ti" Waters shall be free of changes ln turbidity that cause nuisance or adversely affect beneficial uses.· Within Sa~ Diego Bay, the transparency of bay waters, insofar as it may be influenced bv anv controllable factor, eithe~ directly o: through induced conditions, ;hali not be less than S feet in more than 20 percent of the readings in any :one, as measured by a standard Secchi disk. Wherever the water ~s less than 10 feet deep, the Secchi disk reading shall not be less than ~Q pe~cent of the depth in more than 20 percent of t~e readings in anv zone. ' STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA STATE LANDS COMMISSION 00 Howe Avenue, Suite 1 00-South Jacramento, CA 95825-8202 PAUL D. THAYER, Executive Officer (916) 574-1800 FAX (916) 574-1810 Relay Service From TOD Phone 1-800-735-2922 from Voice Phone 1-800-735-2929 Contact Phone: (916) 574-1892 Contact FAX: (916) 57 4-1925 October 12, 2004 Gregory J. Hughes Regional Plant Manager NRG Cabrillo Power Operations, Inc. Encina Power Station 4600 Carlsbad Boulevard Carlsbad, CA 92008-4301 Dear Mr. Hughes: File Ref: PRC 932.1 SUBJECT: General Lease-Industrial Use for Placement of Suitable Dredge Material from Agua Hediorida Lagoon Enclosed is your fully executed copy of the subject lease, which was authorized by the California State Lands Commission on October 6, 2004~ Within 90 days from the date of this letter, you should receive a refund of any portion of the deposit not expended to process this application or an invoice for any amount due from this transaction. If you do not receive anything within the 90-day period, please call me at (916) 574-1892. I appreciate your cooperation in completing this transaction. If you have any questions, please feel free to call me at (916) 574-1892. Enclosure Sincerely, ~~~ J~ne E.Smi~~~ " Public Land Management Specialist Southern California Region RECORDED AT THE REQUEST OF Al'-<'D WHEN RECORDED MAIL TO: STATE OF CALIFORNIA California State Lands Commission Attn: Title Unit 100 Howe Avenue, Suite 1 00-South Sacramento, CA 95825-8202 STATE OF CALIFORNIA OFFICIAL BUSINESS Document entitled to free recordation pursuant to Government Code Section 27383 A.P.N. N/A County: San Diego SPACE ABOVE THIS LINE FOR RECORDER'S USE \VP 932.1 LEASE PRC 932.1 This Lease consists of this summary and the following attached and incorporated parts: Section 1 Section 2 Section 3 Section 4 Basic Provisions Special Provisions Amending or Supplementing Section 1 or 4 Description of Lease ·Premises General Provisions SECTION 1 BASIC PROVISIONS THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise and let to Cabrillo Power I LLC, hereinafter referred to as Lessee, those certain lands described in Section 3 subject to the reservations, terms, covenants and conditions of this Lease. lVlAILING ADDRESS: 4600 Carlsbad Boulevard Carlsbad, California 92008 LEASE TYPE: General Lease -Industrial Use LAND TYPE: Sovereign LOCATION: Pacific Ocean, Carlsbad, San Diego County LAND USE OR PURPOSE: Placement of suitable dredge material from Agua Hedionda Lagoon on sovereign lands adjacent to Carlsbad State Beach TERM: 10 years, beginning September 1, 2004; ending August 31, 2014, unless sooner terminated as provided under this Lease. CONSIDERATION: $300 per year, plus the public use and benefit. Subject to modification by Lessor as specified in Paragraph 2(b) of Section 4-General Provisions AUTHORIZED IMPROVEMENTS: EXISTING: N/A TO BE CONSTRUCTED: N/A CONSTRUCTION MUST BEGIN BY: N/ A AND BE COMPLETED BY: N/ A LIABILITY INSURANCE: Coverage of no less than $1,000,000 SURETY BOND OR OTHER SECURITY: N/A SECTION2 SPECIAL PROVISIONS BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED OR SUPPLEMENTED AS FOLLOWS: 1. Lessee agrees that, in depositing material from Agua Hedionda Lagoon, it claims no ownership or other interest in or to any land, whether heretofore or hereafter filled or unfilled, lying seaward of the Ordinary High Water Mark, as approved on December 22,1953, except as expressly granted by the California State Lands Commission. 2. Lessee agrees that no material wiil be placed on the lease premises between Memorial Day and Labor Day. 3. Lessee agrees that printed material, such as handouts and signs or other types of printed notices installed to provide notif1cation of the public use and benefit of the project as set forth herein, shall contain and reasonably display a statement acknowledging the California State Lands Corrunission as having contributed lands for the project. The statement may read as follows: "The land required for this project was contributed by the California State Lands Commission." 4. Lessee acknowledges and agrees: a. The site may be subject to hazards from natural geophysical phenomena including, but not limited to, waves, storm waves, tsunamis, earthquakes, flooding and erosion. b. To assume the risks of injury and damage to Lessee, its agents, employees, contractors, permittees, invitees and guests and the Leased Lands from such hazards in connection with the development and use of the Leased Lands subject to any Coastal Development Permit. c. To unconditionally waive any claim or damage or liability against the State of California, its agencies, officers, agents, and employees for injury and/or damage from such hazards to Lessee, its agents, employees, contractors, permittees, invitees and guests. d. To indemnify, hold harmless and, at the option of Lessor, defend the State of California:, its agencies, officers, agents, and employees, against and for any and all liability, claims, demands, damages, injuries, or costs of any kind and from any cause (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any alleged or actual injury, damage or claim due to site hazards or connected in any way with respect to the approval of any Coastal Development Permit involving the Leased Lands, except for any such liability, claims, damage or injury solely caused by the negligence of Lessor, its officers, agents and employees. 5. All personal property, tools, or equipment taken onto or placed upon the Lease Premises shall remain the property of the Lessee or its contractors. Such personal property shall be promptly removed by the Lessee, at its sole risk and expense upon the completion of the project. Lessor does not accept any responsibility for any damage, including damages to any personal property, including any equipment, tools, or machinery on the Lease Premises. 6. No equipment or vehicle maintenance shall take place on the Lease Premises. 7. All waste material and debris shall be entirely removed from the Lease Premises. 8. Lessee will provide Lessor with copies of any and all monitoring reports or notifications to other agencies prepared in conjunction with this project. 9. In the event of any conflict between the provisions of Section 2 and Section 4 oithis Lease, the provisions of Section 2 shall prevail. I I / / SECTION 3 v!P 932 A strip of tide and submerged land adjacent to the entrances to Agua Hedionda Lagoon in the City of Carlsbad, San Diego County, State of California described as follows: A strip of tide and submerged land in the Pacific Ocean bounded on the northeast by the Ordinary High Water Mark of the Pacific Ocean and on the southwest by a line 500 feet southwest of and parallel to said Ordinary High ~later Mark and extending from the north line of Carlsoad Beach State Park as said north line is described in deed recorded in Book 230, page 308 of Official Records of San Diego County..:;southeasterly 8900 feet. END OF DESCRIPTION Prepared_-'-~--==~~=--..;__---'--Checked~ ~~~0J Reviewed:...._.-jji.~~7-L~~;::::=:~Date 8/7/(f U <-.. ~ .. SECTION 4 SPECIAL PROVISIONS 1. GENERAL These provisiorrs are applicable to all leases, permits, rights- of-way, easements, or licenses or other interests in real property conveyed by the State Lands Commission. 2. CONSIDERATION (a) Categories (1) Rental Lessee shall pay the annual rental as stated in this Lease to Lessor without deduction, delay or offset, on or before the beginning date of this Lease and on or before each anniversary of its beginning date during each year of the Lease term. (2) Non-Monetary Consideration If the consideration to Lessor for this Lease is the public use, benefit, health or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the State Lands Commission, at its sole discretion, determines that such action is in the best interest of the State. (b) Modification Lessor may modify the method, amount or rate of consideration effective on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (l) of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days notice prior to the effective date. (c) Penalty and Interest Any installments of rental accruing under this Lease not paid when due shall be subject to a penalty and shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest 3. BOUNDARIES This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary claims which may be asserted presently or in the future. 4. LAND USE (a) General Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the improvements expressly authorized in this Lease. Lessee shall commence use of the Lease Premises within ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set forth in this Lease, whichever is later. Lessee shall notif; Lessor within ten (10) days after commencing the construction of authorized improvements and within sixty (60) days after completing them. Lessee's discontinuance of such use for a period of ninety (90) days shall be conclusively presumed to be an abandonment. (b) Continuous Use Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. (c) Repairs and Maintenance Lessee shall, at its own expense, keep and maintain the Lease Premises and all improvements in good order and repair and in safe condition. Lessor shall have no obligation for such repair and maintenance. (d) Additions, Alterations and Removal (1) Additions -No improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor. (2) Alteration or Removal -Except as provided under this Lease, no alteration or removal of improvements on or natural features of the Lease Premises shall be undertaken without the prior written consent of Lessor. (e) Conservation Lessee shall practice conservation of water, energy, and other natural resources and shall prevent pollution and harm to the environment. Lessee shall not violate any law or regulation whose purpose is to conserve resources or to protect the environment. Violation of this section shall constitute grounds for termination of the Lease. Lessor, by its executive officer, shall notify Lessee, when in his or her opinion, Lessee has violated the provisions of this section and Lessee shall respond and discontinue the conduct or remedy the condition within 30 days. (f) Taxies Lessee shall not manufacture or generate hazardous wastes on the Lease Premises unless specifically authorized under other terms of this Lease. Lessee shall be fully responsible for any hazardous wastes, substances or materials as defmed under federal, state or local law, regulation, or ordinance that are manufactured, generated, used, placed, disposed, stored, or transported on the Lease Premises during the Lease term and shall comply with and be bound by all applicable provisions of such federal, state or local law, regulation or ordinance dealing with such wastes, substances or materials. Lessee shall notify Lessor and the appropriate Form 5l.l5 (Rev.4/96) governmental emergency response agency(ies) immediately in the event of any release or threatened release of any such wastes, substances or materials. (g) Enjoyment Subject to the provisions of paragraph 5 (a) (2) below, nothing in this Lease shall preclude Lessee from excluding persons from the Lease Premises when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises as provided under this Lease. (h) Discrimination Lessee in its use of the Lease Premises shall not discriminate against any person or class of persons on the 6. basis of race, color, creed, religion, national origin, sex, age, or handicap. (i) Residential Use No portion of the Lease Premises shall be used as a location for a residence or for the purpose of mooring a structure which is used as a residence. For purposes of this Lease, a residence or floating residence includes but is not limited to boats, barges, houseboats, trailers, cabins or combinations of such facilities or other such structures which provide overnight accommodations to the Lessee or others. RESERVATIONS, ENCUMBRANCES AND RIGHTS- OF-WAY (a) Reservations ( 1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber and minerals as defmed under Public 7. Resources Code Sections 640 1 and 6407, as well as the right to grant leases in and over the Lease Premises for the extraction of such natural resources; however, such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (2) Lessor expressly reserves a right to go on the Lease Premises and all improvements for any purpose associated with this Lease or for carrying out any function required by law, or the rules, regulations or management policies of the State Lands Commission. Lessor shall have a right of reasonable access to the Lease Premises across 8. Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease. (3) Lessor expressly reserves to the pub lie an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right-of- way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. ( 4) Lessor expressly reserves the right to lease, convey, or encumber the Lease Premises, in whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances This Lease may be subject to pre-existing contracts, leases, licenses, easements, encumbrances and claims and is made without warranty by Lessor of title, condition or fitness of the land for the stated or intended purpose. RULES, REGULATIONS AND TAXES (a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, reguiations, statutes or ordinances of the State Lands Commission or any other governmental agency or entity having lawful authority and jurisdiction. (b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtain and maintain all permits or other entitlements. (c) Lessee accepts responsibility for and agrees to pay any and all possessory interest taxes, assessments, user fees or service charges imposed on ·or associated with the leasehold interest, improvements or the Lease Premises, and such payment shall not reduce rental due Lessor under this Lease and Lessor shall have no liability for such payment. INDEMNITY (a) Lessor shall not be liable and Lessee shall indemnify, hold harmless and, at the option of Lessor, defend Lessor, its officers, agents, and employees against and for any and all liability, claims, damages or injuries of any kind and from any cause, arising out of or connected in any way with the issuance, enjoyment or breach of this Lease or Lessee's use of the Lease Premises except for any such liability, claims, damage or injury solely caused by the negligence of Lessor, its officers, agents and employees. (b) Lessee shall notify Lessor immediately in case of any accident, injury or casualty on the Lease Premises. INSURANCE (a) Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified, insuring Lessee and Lessor against any and all claims or liability arising out of the ownership, use, occupancy, condition or maintenance of the Lease Premises and all improvements. Form 5115 (Rev.4/96) (b) Th;: insurance policy or policies shall name the State of California, its officers, employees and volunteers as insureds as to the Lease Premises and shall identify the Lease by its assigned number. Lessee shall provide Lessor with a certificate of such insurance and shall keep such certificate current. The policy (or endorsement) must provide that the insurer will not cancel the insured's coverage without thirty (30) days prior written notice to Lessor. Lessor will not be responsible for any premiums or other assessments on the policy. The coverage provided by the insured (Lessee) shall be primary and non-contributing. (c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. 9. SURETY BOND (a) Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants and conditions of this Lease. (b) Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized improvements, alterations or purposes and any modification of consideration. (c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until all of the Lease Premises have been either accepted as improved, by Lessor, or restored by Lessee as provided elsewhere in this Lease. 10. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING (a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease: ( 1) If Lessee is a corporation, any dissolution, merger, consolidation or other reorganization of Lessee or sale or other transfer of a percentage of capital stock of Lessee which results in a change of controlling persons, or the sale or other transfer of substantially all the assets of Lessee; (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership. (c) If this Lease is for sovereign lands, it shall be appurtenant to adjoining littoral or riparian land and Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands separately from th.e leasehold rights granted herein without the prior written corrsent of Lessor. (d) If Lessee desires to assign, sublet, errcurnber or otherwise transfer all or any portion of the Lease :Premises, Lessee shall do all of the following: (1) Give prior written notice to Lessor; (2) Provide the name and colllplete business organization and operational structure of the proposed assignee, sublessee, secured third party or other transferee; and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee, secured third party or other transferee. If the proposed assignee, sublessee or secured third party is a general or limited partnership, or a joint venture, provide a copy of the partnership agreement or joint venture agreement, as applicable; (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrancing or other transfer; (4) Provide audited fmancial statements for the two most recently completed f1sca\ years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma fmancial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee. Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context cf the proposed use: the proposed party's fmancial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors. (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the prcposed party. (f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be subject to terms and conditions Form SUS (RevA/96) found in a separately drafted standard form (Agreement and Consent to Encumbrancing of Lease) available from Lessor upon request. (g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defmed under federal, state or local law, regulation or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises. (h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7,9, ll or 13 of the Bankruptcy Code (ll USC Sect. l 0 l, et seq.) then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises. No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in- possession has cured all defaults under this Lease (monetary and non-monetary) or has provided Lessor with adequate assurances (l) that within ten (10) days from the date of such assumption or assignment, all monetary defaults under this Lease will be cured; and (2) that within thirty (30) days from the date of such assumption, all non-monetary defaults under this Lease will be cured; and (3) that all provisions of this Lease will be satisfactorily performed in the future. 11. DEFAULT AND REMEDIES (a) Default The occurrence of any one or more of the following events shall immediately and without further notice constitute a default or breach of the Lease by Lessee: ( 1) Lessee's failure to make any payment of rental, royalty, or other consideration as required under this Lease; (2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; (3) Lessee's vacation or abandonment of the Lease Premises (including the covenant for continuous use as provided for in paragraph 4) during the Lease term; ( 4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; (5) Lessee's failure to comply with all applicable provisions of federal, state or local law, regulation or ordinance dealing with hazardous waste, substances or materials as defmed under such law; (6) Lessee's Failure to com..nence to construct and to complete construction of the improvements authorized by this Lease within the time limits specified in this Lease; and/or (7) Lessee's failure to comply with applicable provisions of federal, state or local laws or ordinances relating to issues of Health and Safety, or whose purpose is to conserve resources or to protect the environment. (b) Lessee's failure to observe or perform any other term, covenant or condition of this Lease to be observed or performed by the Lessee when such failure shall continue for a period of thirty (3 0) days after Lessor's giving written notice; however, if the nature of Lessee's default or breach under this paragraph is such that more th.an thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default or breach if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion. (c) Remedies In the event of a default or breach by Lessee and Lessee's failure to cure such default or breach, Lessor may at any time and with or without notice do any one or more of the following: (l) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; (2) Terminate this Lease and Lessee's right of possession of the Lease Premises. Such termination shall be effective upon Lessor's giving written notice and upon receipt of such notice Lessee shall immediately surrender possession of the Lease Premises to Lessor; (3) Maintain this Lease in full force and effect and recover any rental, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises; and/or (4) Exercise any other right or remedy which Lessor may have at law or equity. 12. RESTORATION OF LEASE PREMISES (a) Upon expiration or sooner termination of this Lease, Lessor upon written notice may take title to any or all improvements, including fills, or Lessor may require Lessee to remove all or any such improvements at its sole expense and risk; or Lessor may itself remove or have removed all or any portion of such improvements at Les-see's sole expense. Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such improvements to Lessor free and clear of any liens, mortgages, loans or any other encumbrances. Form SUS (Rev.4/96) (b) In removing any such improvements Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to their installation or construction. (c) All plans for and subsequent removal and restoration shall be to the satisfaction of Lessor and shall be completed within ninety (90) days after the expiration or sooner termination of this Lease or after compliance with paragraph l2(d), whichever is the lesser. (d) In removing any or all the improvements Lessee shall be required to obtain any permits or other governmental approvals as may then be required by lawful authority. (e) Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of hazardous wastes, substances or materials as defmed under federal, state or local law, regulation or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises during the term of the Lease. Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency(ies) and shall further be responsible for removing or taking other appropriate remedial action regarding such wastes, substances or materials in accordance with applicable federal, state or local law regulation or ordinance. 13. QUITCLAIM Lessee shall, within ninety (90) days of the expiration or sooner termination of this Lease, execute and deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, a written notice by Lessor reciting such failure or refusal shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants. 14. HOLDING-OVER Any holding-over by Lessee after the expiration of the Lease term, with or without the express or implied consent of Lessor, shall constitute a tenancy from month to month and not an extension of the Lease term and shall be on the terms, covenants, and conditions of this Lease, except that the annual rental then in effect shall be increased by twenty- five percent (25%). 15. ADDITIONAL PROVISIONS (a) Waiver (l) No term, covenant, or condition of this Lease and no default or breach of any such term, covenant or condition shall be deemed to have been waived, by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly ackn.owledged by Lessor in writing. (2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition of any other default or breacb of any term, covenant or condition of this Lease. (b) Time Time is of the essence of this Lease and each and all of its terms, covenants or conditions in which performance is a factor. (c) Notice All notices required to be gi"en under this Lease shall be given in writing, sent by U.S. !v1ail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address. (d) Consent Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event. (e) Changes This Lease may be terminated and its term, covenants and conditions amended, revised or supplemented only by mutual written agreement of th.e parties. (f) Successors The terms, covenants and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties. (g) Joint and Several Obligation If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several. (h) Captions The captions of this Lease are not controlling and shall have no effect upon its construction or interpretation. (i) Severability If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid, it shall be considered deleted and shall not invalidate any of the remaining terms, covenants and conditions. Fcrm 51 15 (Rev 4i96) STATE Of CALIFORNIA-STATE LANDS CO!v1Jv1ISSI01'-: LEASE P RC NO. 932.1 This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease. by Lessor, its agent or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed. LESSEE CARRILLO POWER I LLC By~ Title: J&s1 du4f- Date: CJ'-..2.. 3 _. CJ 'f ACKNOWLEDGEMENT Chief, Division of Title: ------&.La.Q.I.llndi.'--UMUlau.Jncw.agO'e"'-'m-'-=en'-'-'t=---- Date: _____ OC_T_1_3_2_DD_4 ____ _ This Lease was authorized by the California State Lands Commission on Form 51.15 (RevA/96) ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 5R-N Dl UO On C(j'd3}oy (DATFI before me, !)a' personally known to me -OR - r---v----'"---~·-·--------: -~~ARLEEN E. MC CARTNEY'J ~ ~~~~;:, Comm. # 1288763 "' .... \ ·~~ ltl) NOTARY PUBliC·CALIFORNIA (j) ,( ~.~/ San Diego County • ~~ Comm. hpues Dec. 29,2004 ,.. '"""~"""" . ..J --~~------b~,m~c-~ _____ G~t ___ , iC<OTARYi D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same tn his/her/their authorized capacity(ies), and that by his/her/their signatures(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. ---------OPTIONAL INFORMATION---------- The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D INDIVIDUAL D CORPORATE OFFICER D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) TITLE(S) D GUARDIAN/CONSERVATOR D OTHER: ------------------------- SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTfTY([ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APA 5/99 VALLEY-SIERRA, 800-362-3369 FLOOD PLAIN SPECIAL USE PERMIT APPLICATION FOR CABRILLO POWER I LLC, ENCINA POWER STATION ATTACHMENT 10 Environmental Studies: Post Dredge Eelgrass Report First and Second Caulerpa Taxifolia Surveys (These studies were conducted during the most recent dredging cycle) Page 15 of 15