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HomeMy WebLinkAboutSUP 07-03; South Coast Materials Quarry; Special Use Permit (SUP) (4) HELIX Environmental Planning, Inc. 7578 El Cajon Boulevard Suite 200 La Mesa, CA 91942 619.462.1515 tel 619.462.0552 fax www.helixepi.com April 11, 2013 HAW-21 Mr. Van Lynch City of Carlsbad – Planning Department 1635 Faraday Ave. Carlsbad, California 92008 Ms. Marisa Lundstedt City of Oceanside – Planning Department 300 N. Coast Hwy. Oceanside, CA 92054 Subject: Post-construction Report for the Former South Coast Quarry Amended Reclamation Plan Project Dear Mr. Lynch and Ms. Lundstedt: This letter presents the Post-construction Report for the Former South Coast Quarry Amended Reclamation Plan Project (Project). This report is being submitted in accordance with the Mitigation Monitoring and Reporting Program (MMRP) contained within the Final Subsequent Environmental Impact Report (EIR; HELIX 2010) prepared for the City of Oceanside, and the MMRP prepared as part of the City of Carlsbad approvals. Both MMRPs have the set of conditions and will be referred to jointly as the MMRP. Specially, this report addresses the mitigation measure titled “Biological Resources Environmental Design Measures” of the MMRP. PROJECT LOCATION The Project site is located within the boundaries of the former South Coast Materials (SCM) quarry, within the cities of Oceanside and Carlsbad in northwestern San Diego County, California (Figure 1). Specifically, the site is located south of State Route (SR) 78, approximately 3.5 miles east of Interstate 5, west of College Boulevard, along east-west trending perennially flowing Buena Vista Creek. The property lies within unsectioned lands within Township 11 South, Range 4 West of the 7.5-minute U.S. Geological Survey San Luis Rey quadrangle (Figure 2). Letter to Mr. Lynch and Ms. Lundstedt Page 2 of 6 April 11, 2013 SUMMARY OF CONSTRUCTION ACTIVITIES Preconstruction Meetings A pre-construction meeting was held on August 3, 2011, with the contractor and the City of Carlsbad. HELIX Environmental Planning, Inc. (HELIX) biologists Barry Jones, Sally Trnka, and Erica Harris attended the meeting. A pre-construction meeting with the contractor and City of Oceanside was held on August 4, 2011, to discuss work within the limits of the City of Oceanside. Mr. Jones and Ms. Harris attended the meeting; copies of all regulatory permits were provided to the contractor to be kept on-site in the construction trailer. Perimeter Fencing Perimeter fencing, consisting of orange snow fencing, was installed from June 27 to July 21, 2011, to delineate the approved limits of work; HELIX biologists Ms. Harris, Jason Kurnow, and Kimberly Davis monitored fence installation. Grading Grading within the upland portion of the project site began during the week of July 18, 2011. Removal of rock and concrete from the existing banks of Buena Vista Creek (Creek) was initiated the week of August 8, 2011. Three existing bridge crossings were removed to allow for the widening of the Creek. The two eastern-most bridge crossings were removed the week of August 8, 2011. Best Management Practices (BMPs) were implemented to prevent impacts to the Creek during construction activities which are discussed in the section below. The western-most bridge crossing was removed September 11, 2012. A total of 3 desiltation basins were created within the upland portion of the project site: 2 to the north of the Creek and 1 to the south. A total of 5 storm drains, which discharge at the Creek, were constructed: 3 to the north of the Creek and 2 to the south. All of these improvements were constructed consistent with the approved project plans. Grading of the creek channel, transitional benches, and upland slopes was initiated September 13, 2011, and the entire channel was completed by February 8, 2012, with the exception of the removal of the western-most bridge crossing. This bridge was removed and the channel was completed on September 21, 2012. Seven rock drop structures were constructed at irregular intervals within the widened channel. The 2 eastern drop structures and 2 western-most drop structures were grouted. An overview of the site plan is included in Figure 3. Representative Site photographs are included in Attachment A. To the south of the Creek, an area of asphalt and contaminated soil smelling of petroleum was removed and separated from other soils during removal of rock/concrete from the southern creek bank. These materials were transported off-site to a landfill licensed to accept these materials. Contaminated soil containing diesel and other pollutants was discovered north of Buena Vista Creek during widening of the creek channel. The contaminated soil was excavated and hauled Letter to Mr. Lynch and Ms. Lundstedt Page 3 of 6 April 11, 2013 off-site to a licensed landfill able to accept these materials. All of the contaminated soils were contained outside of the flowline of the creek and no runoff from these areas was allowed to enter the creek. Upland and Wetland Mitigation Installation Installation of container stock within the Diegan coastal sage scrub creation areas began during the week of October 25, 2011. Installation of willow cuttings and container stock within the wetland began December 2, 2011. Installation of all upland and wetland portions of the site was completed on November 7, 2012 after removal of the western bridge crossing. All mitigation was installed according to the Wetland Mitigation Plan (HELIX 2011a) and the Upland Mitigation Plan (HELIX 2011b) Enhancement Areas Removal of Mexican fan palm within the eastern enhancement area was completed during the week of January 9, 2012. Removal of canary palms and treatment of non-natives (including both drilling and killing of trees and application of herbicide to smaller individuals) within the western enhancement area was completed by October 19, 2012. PROJECT BMPS The project’s Storm Water Pollution Prevention Plan (SWPPP; Chang 2010) addresses the features and measures to be implemented during construction, which include best management practices (BMPs) for erosion control, sediment control (e.g., sediment basins), drainage control (e.g., conveyance channels), and site stabilization. Below is a summary of BMPs implemented during construction. Please note that HELIX is not the Qualified SWPPP Practitioner (QSP) for the project but is providing this information as a summary of HELIX’s observations of compliance with the SWPPP. Silt fencing along the Buena Vista Creek was installed the week of August 8, 2011, to prevent sediment from entering the creek during construction activities. The Creek was diverted on two occasions. On August 11, 2011, a portion of the creek was diverted approximately 15 meters downstream during the removal of the two eastern bridge crossings. This aided in controlling any potential increase in turbidity due to falling dirt during removal of the bridges. Check dams composed of gravel bags were placed within Buena Vista Creek to slow the flow of water and prevent downstream turbidity or sedimentation. The entire Creek was diverted on September 13, 2011, past the western-most bridge crossing to allow for construction activities to occur within the creek channel. The creek was returned to the channel during the week of January 3, 2012. During removal of the north and south bank, prior to the creek diversion, trenches were created along creek to capture surfacing ground water. This prevented surfacing groundwater from directly entering the creek. Check dams composed of gravel bags were utilized in the trenches to Letter to Mr. Lynch and Ms. Lundstedt April11, 2013 Page 4 of6 prevent groundwater from entering the Creek. Gravel bags were placed along low points in silt fence to prevent surfacing groundwater from directly entering the creek. During creek diversion, surfacing ground water and ponded water after rain events were pumped to desilting basins that were created along the widened channel. Steel pipes covered with filter fabric at each end were installed at the downstream end of these basins to treat water prior to discharge into the Creek. ENVIRONMENTAL DESIGN MEASURES A summary of the various environmental design measures relating to biological resources contained in the MMRP is included in Attachment B. These include: • Installation of construction fencing • Maintaining the site in a clean condition • Insuring that no maintenance work occurred within 100 feet of any waters of the U.S. • Having a biological monitor on site during all clearing of vegetation and any work within or adjacent to sensitive habitats • Having most clearing occur outside of the breeding season. Those areas cleared during the breeding season in the City of Oceanside were surveyed to confirm that no nesting birds were utilizing the areas proposed for clearing • Insuring that no highly invasive species are being used for onsite restoration • Insuring that night lighting was not included adjacent to any habitat areas The project also funded a bond in the amount of $8,922,13 7 and has submitted a draft conservation easement to the USACE. We are working on getting the easement finalized within the context of the USACE's staffing limitations. SUMMARY OF THE MMRP MITIGATION MEASURES In summary, all of the construction related mitigation measures and environmental design measures have been implemented as required. A summary of the various mitigation measures relating to biological resources contained in the MMRP is included in Attachment B. Please contact Bar e or myself at (619) 462-1515 if you have any questions. HELIX Environmental Planning Letter to Mr. Lynch and Ms. Lundstedt Page 5 of 6 April 11, 2013 Enclosures: Figure 1 Regional Location Map Figure 2 Project Location Map Figure 3 Mitigation Plan and Conservation Easement Attachment A Representative Photographs Attachment B Mitigation Monitoring and Reporting Program Letter to Mr. Lynch and Ms. Lundstedt Page 6 of 6 April 11, 2013 REFERENCES Chang, W. 2010. Storm Water Pollution Prevention Plan for Quarry Creek. 271 pp. HELIX Environmental Planning, Inc. 2010. Former South Coast Quarry Amended Reclamation Plan Final Subsequent Environmental Impact Report. Prepared for the City of Oceanside. February. 2011a. Quarry Creek Wetland Mitigation Plan. Prepared for Hanson Aggregates West, Inc. June. 2011b. Quarry Creek Upland Mitigation Plan. Prepared for Hanson Aggregates West, Inc. June. 8 ·,. RIVERSIDE I COUNTY ORANGE r-s.AN'oiEGa-·-: COUNTY j COUNTY ..... '·· •" ........ ··-··" .................... 4 N O'NeiULake Pacific Ocean w(i}• s 0 8 Miles . ·-··-··-···J~ San Vicente Reservoir Otay Reservoir Sutherland Reservoir I El Capitan Reservoir Loveland Reservoir Barrett Lake ATES -·-·-· UNITED ST -·-·-·-· ·-·-·-·-· ·-·-·-MEXICO Regional Location Map FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN HELIX Figme 2 Environmental Planning----------------------------------------------- W.E s 2,000 1,000 0 2,000 Job No: HA W-21 Date: 05127/11 I \Gis\li\HAW4< Qumy1Map\RWMP\Fig2_l.ocstion.mxd -EV Project Location Map FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN HELIX Figme 2 Environmental Planning--------------------------------"'"""'-- 200 ' ,, ,, , __ _ , .. ,, ,, , .. ,, , ... ,, , ... -------------------- ...... ...... Riparian Restoration Riparian Enhancement Riparian Preservation Transitional Benches Upland Creation Planted Rip-rap Project Impacts 1 00' Riparian Buffer Transect Location Mitigation Plan and Conservation Easement FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN HELIX Figure 3 Envlronmenta/Pfannlng---------------------------------------------------------------------------------------- J/PROJECTS/Biology/H/HAW-21 Quarry Creek Implementation/Reports/401 Annual Report/Attc B Representative Photographs FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN Attachment A1 Overview of Buena Vista Creek from east end of south bank (looking northwest). Overview of Buena Vista Creek from west end of north bank (looking southeast). J/PROJECTS/Biology/H/HAW-21 Quarry Creek Implementation/Reports/401 Annual Report/Attc C Representative Photographs FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN Attachment A2 Western portion of Buena Vista Creek (looking southwest). Eastern fill slope north of Buena Vista Creek (looking east). B-1 Attachment B MITIGATION MONITORING AND REPORTING PROGRAM FORMER SOUTH COAST QUARRY RECLAMATION PROJECT Below is a summary of the various mitigation measures contained in the MMRP. Only mitigation measures related to biological resources are included. B-2 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES Biological Resources – 1. Impacts to southern cottonwood willow riparian forest, southern willow scrub, and freshwater marsh shall be mitigated at a 3:1 ratio with a minimum 1:1 creation ratio. In total, impacts to riparian vegetation communities shall require 2.88 acres of mitigation, including a minimum of 0.96 acre of riparian creation. Refined Alternative 3 shall include 1.45 acres of riparian creation and the remaining 1.40 acres of mitigation shall be met with restoration of 0.39 acre of impacted riparian habitat and a minimum of 1.04 acres of enhancement of preserved wetlands on site. An additional 10.87 acres of riparian vegetation shall be preserved on site. CM City Planner; City Engineer; Wildlife Agencies; Biological Monitor Oceanside and Carlsbad Wetland Mitigation Plan prepared and submitted by HELIX June 26, 2011 which meets and/or exceeds required mitigation. Restoration installed November 7, 2012. Biological Resources – 2. Impacts to 1.99 acres of Diegan coastal sage scrub shall be mitigated at a 2:1 ratio (3.98 acres). Alternative 3 shall include 3.68 acres of coastal sage scrub creation along a number of slopes on site as well as 0.3 acre of preservation. Approximately 80 feet of the 100-foot biological buffer will be revegetated as part of the Reclamation Plan. The balance of the biological buffer (approximately 20 feet) would be revegetated in conjunction with any future end use and upon any final grading for such future end use. CM City Planner; City Engineer; Wildlife Agencies; Biological Monitor Oceanside and Carlsbad Upland Mitigation Plan prepared and submitted by HELIX June 17, 2011 which meets and/or exceeds required mitigation. Restoration installed November 7, 2012. Biological Resources – 3. Impacts to 34.26 acres of disturbed habitat shall be mitigated at a 0.1:1 ratio with payment of a Habitat and Development Fee in an amount corresponding to 3.43 acres. CM City Planner; City Engineer; Wildlife Agencies; Biological MonitorCarlsbad Payment sent June 2011. B-3 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 4. Impacts to USACE jurisdictional areas shall require 2.10 acres of mitigation, including at least 0.70 acre of creation; impacts to CDFW jurisdictional areas shall require 2.88 acres of mitigation, including at least 0.96 acre of creation. The mitigation program proposed to offset these impacts includes creation of 1.45 acres of riparian habitat within the expanded channel, of which at least 0.70 acre must be USACE jurisdictional. The remaining mitigation requirement (1.92 acres) shall be met by creation of additional habitat and enhancement of existing riparian habitat. In addition, all the remaining jurisdictional areas along Buena Vista Creek with the exception of a potential future road crossing, including southern cottonwood-willow riparian forest, southern willow scrub, freshwater marsh, jurisdictional non-wetland waters/streambeds, and open water, shall be preserved within open space CM City Planner; City Engineer; Wildlife Agencies; Biological Monitor Oceanside and Carlsbad Wetland Mitigation Plan prepared and submitted by HELIX May June 26, 2011 which meets and/or exceeds the required mitigation specified in the 404 Permit (SPL-2008-01131-MLM) and the 1602 permit (1600-2005-0705-R5). Restoration installed November 7, 2012. Biological Resources – 5. Impacts to coastal California gnatcatchers shall be mitigated by the on-site preservation and creation of Diegan coastal sage scrub totaling 3.98 acres. CM City Planner; City Engineer; Wildlife Agencies; Biological Monitor Oceanside and Carlsbad Upland Mitigation Plan prepared and submitted by HELIX June 17, 2011 which meets and/or exceeds required mitigation. Restoration installed November 7, 2012.Biological Resources – 6. Impacts to the yellow warbler shall be mitigated by the preservation of created and restored riparian habitat. CM City Planner; City Engineer; Wildlife Agencies; Biological Monitor Oceanside and Carlsbad Wetland Mitigation Plan prepared and submitted by HELIX June 26, 2011 which calls for enhancement of adjacent habitat and the creation and restoration of riparian habitat on-site. Restoration installed November 7, 2012. B-4 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 7. If project grading (other than clearing and grubbing of sensitive habitats) is necessary adjacent to preserved on-site habitat during the bird breeding season (February 15 through September 15), a qualified biologist shall conduct pre-construction surveys in the adjacent habitat for the coastal California gnatcatcher, least Bell’s vireo, southwestern willow flycatcher and nesting raptors. The survey should begin not more than three days prior to the beginning of grading activities. The Wildlife Agencies shall be notified if any of these species are observed nesting within 500 feet of proposed grading activities. No activities which would result in noise levels exceeding 60 dBA hourly Leq within this 500-foot buffer shall be allowed. Background noise (e.g., SR 78) shall be excluded from the 60 dBA calculation. If grading activities are not completed prior to the breeding season and any of these species are present, and noise levels exceed this threshold, noise barriers should be erected to reduce noise impacts to occupied habitat to below 60 dBA hourly Leq and/or the activities shall be suspended. Impacts resulting from noise for non-listed species other than raptors are not considered significant, and mitigation is not warranted. CM City Planner; City Engineer; Wildlife Agencies; Biological Monitor; Acoustician Oceanside and Carlsbad Grading within the upland portion of the project site began during the week of July 18, 2011. Removal of rock and concrete from the pre-existing banks of Buena Vista Creek (Creek) was initiated the week of August 8, 2011. A nesting raptor survey was conducted March 4 and 8, 2011; no nesting raptors were observed within 500-feet of the project site. CAGN surveys were conducted June, 2011; CAGN were detected in multiple locations surrounding the project site. Subsequent nesting surveys were conducted in June and July, 2011. Nests within 500 feet of grading were monitored until all nestlings had fledged. Grading was then allowed to proceed in these areas with concurrence from the USFWS. B-5 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 7 (cont.) Least Bell’s vireo surveys were conducted from April - June, 2011; no LBVI were detected within the grading limits or within 500 feet. SWFL surveys were conducted in 2011; no SWFL were detected within the survey area.Biological Resources Environmental Design Measuresa) Temporary fencing (with silt barriers) shall be installed at the limits of project impacts (including construction staging areas and access routes) to prevent additional sensitive habitat impacts and to prevent the spread of silt from the construction zone into adjacent habitats to be avoided. Fencing should be installed in a manner that does not impact habitats to be avoided. The applicant should submit to the cities of Carlsbad and Oceanside and the U.S. Army Corps of Engineers (Corps), U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Game (CDFG; collectively “Resource Agencies”) for approval, at least 30 days prior to initiating project impacts, the final plans for initial clearing and grubbing of sensitive habitat and project construction. These final plans should include photographs that show the fenced limits of impact and all areas (including riparian/wetland or coastal sage scrub) to be impacted or avoided. If work occurs beyond the fenced or demarcated limits of impact, all work should cease until the problem has been remedied to the satisfaction of the cities of Carlsbad and Oceanside and the Resource Agencies. Any riparian/wetland or upland habitat impacts that occur beyond the approved fence should be mitigated at a minimum 5:1 ratio. Temporary construction fencing should be removed upon project completion. CM City Engineer Oceanside and Carlsbad a) Construction fencing was installed throughout the project site from June 27 to July 5, 2011 to delineate the limits of work. A July 7, 2011 memo documenting the installation of the perimeter fencing was provided to the resource agencies and the Cities of Carlsbad and Oceanside. Silt fencing was installed along Buena Vista Creek the week of August 8, 2011. All work occurred within the fenced limits. B-6 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 7 (cont.) Biological Resources Environmental Design Measures (cont.) b) Employees should strictly limit their activities, vehicles, equipment and construction materials to the fenced project footprint. c) To avoid attracting predators of the gnatcatcher, vireo and flycatcher, the project site should be kept as clean of debris as possible. All food-related trash items should be enclosed in sealed containers and regularly removed from the site. d) Pets of project personnel should not be allowed on the project site. e) Disposal or temporary placement of excess fill, brush or other debris should not be allowed in Waters of the U.S. or their banks. f) All equipment maintenance, staging, and dispensing of fuel, oil, coolant or any other such activities should occur in designated areas outside of Waters of the U.S. within the fenced project impact limits. These designated areas should be located in previously compacted and disturbed areas to the maximum extent practicable in such a manner as to prevent any runoff from entering Waters of the U.S., and shall be shown on the construction plans. Fueling of equipment should take place within existing paved areas greater than 100 feet from Waters of the U.S. Contractor equipment should be checked for leaks prior to operation and repair as necessary. “No-fueling zones” should be designated on construction plans. b) All construction activities were limited to the fenced project footprint c) HELIX conducted regular monitoring visits to the site. No trash related issues were noted on-site. d) In compliance e) All spoil piles related to removal of vegetation, grading and excavation within Buena Vista Creek were deposited upslope away from Waters of the U.S. f) In compliance B-7 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 7 (cont.) Biological Resources Environmental Design Measures (cont.) g) A monitoring biologist approved by the Resource Agencies should be on site during clearing and grubbing of habitat that occurs within 200 feet of the grading limits. The monitoring biologist shall conduct weekly site visits during rough grading to ensure that the grading limits have been respected. The biologist must be knowledgeable of coastal California gnatcatcher, least Bell’s vireo and southwestern willow flycatcher biology and ecology. The applicant shall submit the biologist’s name, address, telephone number and work schedule on the project to the cities of Carlsbad and Oceanside and Resource Agencies at least seven days prior to initiating project impacts. h) The monitoring biologist shall periodically monitor adjacent habitats for excessive amounts of dust, and shall recommend remedial measures to address dust control if necessary. The monitoring biologist shall implement a contractor training program to insure compliance with permit conditions. Any violations would be reported to the cities of Carlsbad and Oceanside, and USFWS and CDFG (collectively “Wildlife Agencies”) within 24 hours. Weekly reports will be submitted during initial clearing and grubbing, and monthly reports shall be submitted throughout the remainder of the grading of the site. A final report shall be submitted to the cities of Carlsbad and Oceanside and Wildlife Agencies within 60 days of project completion. CM City Environmental Planner Oceanside and Carlsbad g) HELIX monitored all clearing and grubbing activities full-time. A monitor was on-site full-time during all work occurring along Buena Vista Creek prior to the Creek being diverted h) HELIX regularly monitored all construction activities. Weekly monitoring memos were completed during project grading. Monitoring memos were completed during subsequent monitoring related to removal of the final bridge crossing and installation of the remaining wetland mitigation. The project was completed was completed on March 30, 2013. B-8 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 7 (cont.) Biological Resources Environmental Design Measures (cont.) i) The clearing and grubbing of sensitive habitats should occur outside of the bird breeding season (February 15 through September 15), unless a qualified biologist demonstrates to the satisfaction of the cities of Carlsbad and Oceanside and the Wildlife Agencies that all nesting is complete. j) A conservation easement shall be placed over those portions of the property required to meet project mitigation obligations and shall include a distance of 100 feet from each side of the bottom of the widened Buena Vista Creek channel as a biological buffer. For those portions of the 100-foot biological buffer beyond the area restored as part of the Reclamation Plan mitigation, the conservation easement shall specify the requirements for planting of the balance of the 100-foot biological buffer in conjunction with the future end use when it has been evaluated and approved. The amount of created and enhanced habitat will exceed the amount required for mitigation, recognizing that a road crossing may be required in connection with future end use of the property. The conservation easement will include a provision recognizing this potential need for a future road crossing (though only if required by the future end use of the property). This provision shall limit mitigation obligations to standard mitigation ratios rather than doubling of mitigation ratios as is typically required for impacts to mitigation areas. CM City Environmental Planner Oceanside and Carlsbad i) Vegetation within the City of Carlsbad and a portion of the City of Oceanside of the project was cleared February 2 to 14, 2011. Biological monitors were on-site to monitor activities. Remaining vegetation within the City of Oceanside was cleared from February 22-23, 2011. Biologists Barry Jones and Erica Harris conducted a nesting bird survey prior to clearing of vegetation on February 22; no active nests or nesting behavior was observed. j) Draft conservation easement submitted December 2010. Multiple revisions by the USACE. Waiting for final comments from USACE to finalize conservation easement. B-9 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 7 (cont.) Biological Resources Environmental Design Measures (cont.) j) (cont.) The conservation easement shall also include provisions for the protection of cultural values associated with the El Salto Falls, a sacred site, and Buena Vista Creek. The specific easement language regarding cultural values shall be reviewed by and accepted by the San Luis Rey Band of Luiseño Mission Indians and is anticipated to include provisions for controlled access by Native American tribe members for traditional gathering, ceremonial uses and similar activities into areas that may otherwise be off-limits for general public access. The final easement language may include general guidelines to be implemented by the open space/conservation manager and may detail permissions and restrictions associated with access to areas within the conservation easement, such as time, duration, frequency, seasonal limits due to nesting/breeding activities, types of uses, and notifications required, with final easement language approval resting with the Resource Agencies. B-10 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 7 (cont.) Biological Resources Environmental Design Measures (cont.) k) The applicant should prepare and implement a perpetual management, maintenance and monitoring plan for all on-site biological conservation easement areas. The applicant also should establish a non-wasting endowment for an amount approved by the cities of Carlsbad and Oceanside and Resource Agencies based on a Property Analysis Record (PAR; Center for Natural Lands Management 1998) or similar cost estimation method to secure the ongoing funding for the perpetual management, maintenance and monitoring of the biological conservation easement area by an agency, non-profit organization or other entity approved by the cities of Carlsbad and Oceanside and Resource Agencies. The applicant should submit a draft plan including: (1) a description of perpetual management, maintenance and monitoring actions and the PAR or other cost estimation results for the non-wasting endowment and (2) proposed land manager’s name, qualifications, business address, and contact information to the Resource Agencies for approval at least 30 days prior to initiating project impacts. The applicant should submit the final plan to the cities of Carlsbad and Oceanside and Resource Agencies and a contract with the approved land manager, as well as transfer the funds for the non-wasting endowment to a non-profit conservation entity, within 60 days of receiving approval of the draft plan. l) No species on the California Invasive Plant Council’s (Cal-IPC’s) “Invasive Plant Inventory List” shall be planted on the site, nor shall be included in any erosion control plan, revegetation or landscape plans for the site. CM/OM City Environmental Planner Oceanside and Carlsbad k) A Habitat Management Plan was prepared and approved by both Cities and the resource agencies. l) In compliance B-11 FORMER SOUTH COAST QUARRY AMENDED RECLAMATION PLAN MITIGATION MONITORING CHECKLIST (cont.) MITIGATION MEASURE/ENVIRONMENTAL DESIGN MEASURES TYPE MONITOR RESPONSIBLE CITY SCHEDULE BIOLOGICAL RESOURCES (cont.) Biological Resources – 7 (cont.) Biological Resources Environmental Design Measures (cont.) m) Under provisions of SMARA, ongoing financial assurances are required to be in place to cover implementation of the approved Amended Reclamation Plan. Based on the final approved plan, detailed cost estimates will be provided to the City of Oceanside based on all of the site improvements, including the mitigation implementation, maintenance and monitoring. Existing bonds in place as financial assurance for site reclamation will be updated based on the updated cost estimates. These bonds will meet the requirements for bonding by the Resource Agencies. n) During and following reclamation activities, all exterior lighting adjacent to preserved habitat shall be of the lowest illumination allowed for human safety, selectively placed, shielded and directed away from preserved habitat to the maximum extent practicable. m) The total bond for the Amended Reclamation Plan is $8,922,137. n) In compliance B-12 THIS PAGE INTENTIONALLY LEFT BLANK