HomeMy WebLinkAbout3184; CANNON ROAD WEST; CONCEPTUAL WETLANDS MITIGATION PLAN; 1997-01-01EIV.ED
1 Li 1997 S
FISH& GAME NG BEACH, CA
Conceptual Wetlands Mitigation Plan
for Reaches 1 and 2 of'the
Cannon Road Extension Project
• Prepared for: • • • S
City of Carlsbad
'2075 Las Palmas Drive
Carlsbad, California 92009-1576
Prepared by:
Tetra Tech, Inc.
591 Camino de la Reina, Suite 640
San Diego, California' 92108
Concepnwl Mitigaiion Plan for Reaches 1 and 2
S. TABLE OF CONTENTS
1.0 INTRODUCTION ............................................1
1.1 PROJECT DESCRIPTION ..................................1
1.1.1 Location of the Project ................................1
1.1.2 Overall Project Summary ...............................4 1.1.3 Responsible Parties ...................................5 1.1.4 Jurisidictional Areas to be Filled by Habitat Type ..............5 1.1.5. Types, Functions, and Values of the Jurisdictional Areas to be
Directly or Indirectly Impacted ..........................6
2.0 GOAL OF MITIGATION ........................................10 2.1 TYPE OF HABITAT TO BE CREATED/ENHANCED ..............10 2.2 FUNCTIONS AND VALUES OF HABITAT TO BE CREATED .......10 2.3 TIME LAPSE ..........................................10 2.4 ESTIMATED COST ......................................10
3.0 FINAL SUCCESS CRITERIA .............................10 3.1 TARGET FUNCTIONS AND VALUES ........................12 3.2 TARGET HYDROLOGICAL 'REGIME ........................12 3.3 TARGET JURISDICTIONAL ACREAGE TO BE CREATED!
ENHANCED ...........................................15
4.0 THE PROPOSED MITIGATION SITE ................................ 15 4.1 LOCATION OF THE MiTIGATION AREA ......................15 4.2 OWNERSHIP STATUS ......................................17
4.3 EXISTING FUNCTIONS AND VALUES OF THE MITIGATION AREA. 17 4.4 PRESENT AND PROPOSED USES OF THE MITIGATION AREA .....17 4.5 ZONING. ........................................... 18
5.0 IMPLEMENTATION PLAN ......................................18 5.1 RATIONALE FOR EXPECTING IMPLEMENTATION SUCCESS .....18 5.2 RESPONSIBLE PARTIES .................................20 5.3 SCHEDULE ..........................................20 5.4 SITE PREPARATION ......................................20 5.5 PLANTING PLAN ......................................
. 21 5.6 IRRIGATION PLAN ....................................25 5.7 AS-BUILT CONDITIONS ................................26
Cannon Road Extension Project
' City of Carlsbad, California
Conceptual Mitigation Plan for Reaches 1 and 2
6.0 MAINTENANCE DURING MONITORING PERIOD ....................26
6.1 REPLACEMENT OF DEAD OR DISEASED PLANT MATERIAL
..... 26
6.2 WEED CONTROL .....................................26
6.3 PRUNING AND STAKING ................................27
6.4 EROSION CONTROL .......................................27 6.5 SITE ACCESS ..........................................27
6.6 COWBIRD TRAPPING ....................................28
7.0 MONITORING PROGRAM ....................................28
7.1 HORTICULTURAL MONITORING ..........................28
7.2 BOTANICAL MONITORING ...............................29
7.3 REPORTING ...........................................29
8.0 COMPLETION OF MITIGATION ....... ........................... 30 8.1 NOTIFICATION OF COMPLETION .......................... 30 8.2 CORPS CONFIRMATION ... . ............................. 30
9.0 CONTINGENCY MEASURES ....................................30 • 9.1 INITIATING PROCEDURES .......... ..................... 30 • 9.2 ALTERNATIVE LOCATIONS FOR CONTINGENCY MITIGATION
... 30 • 9.3 FUNDING MECHANISMS ................................31
. 9.4 RESPONSIBLE PARTIES .................................. 31
10.0 REFERENCES ................................................ 31
Cannon Road Extension Project
. City. of CaI'Isbad, California
I'
Conceptual Mitigation Plan for Reaches 1 and 2
List of Figures
Figure 1 Regional Map ..........................................2
Figure 2 Vicinity Map .......3 Figure 3 Proposed Mitigation Site, Macario Canyon ........................16
Figure 4 Riparian Planting Design ...................................23
Figure 5 Conceptual Marsh Planting Design ..............................24
Plate 1 Proposed Mitigation Sites, Macario Canyon (west view) ..........Pocket
List ofTables
.
Table 3.1 Project Success Standards and Measures to be Taken if the. Standard is
NotMet ................................................•11 Table 3.2 Plant Species Recommended for Cannon Road-Reaches 1 and 2 Willow
Scrub Revegetation Site at Macario Canyon, Carlsbad ...............13 Table 3.3 . Plant Species Recommended for Cannon Road-Reaches 1 and 2 Marsh
Revegetation Site at Macario Canyon, Carlsbad ....................14
Table 5.1 Soil Salinity Test Results ...................................19
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Cannon Road Extension Project . • City of Carlsbad, California
111
Conceptual Mitigation Plan for Reaches 1 and 2
S 1 INTRODUCTION
This conceptual mitigation plan identifies measures to offset impacts to wetland and riparian
resources that would result from the construction of Cannon Road Reaches 1 and 2. The project
site and proposed mitigation area are located in the City of Carlsbad in San Diego County, California (Figure 1). This plan will be utilized to address the conceptual design with the resource
agencies, and to assist and guide future designers in final plan implementation. S
The mitigation measures described herein are designed to fulfill the requirements of existing project permits including:
U. S. Army Corps of Engineers (ACOE) Permit Number 92-194 EW;
I U. S. Fish and Wildlife Service (USFWS) Biological Opinion 1-6-92-F-34 (07 April 1992);
California Department of Fish and Game (CDFG) Streambed Alteration Agreement Notification No. 5-273-89;. and
I California Coastal Commission (CCC) Permit No. 6-89-195.
5 Affected waters and wetlands occur in and adjacent to an unnamed water course in Macario Canyon and Agua Hedionda Creek. These streams flow into the Agua Hedionda Lagoon within one-half mile of the affected areas. The proposed mitigation site is located in Macario Canyon. This plan is designed to satisfy the requirements of the CDFG, USFWS, ACOE, and CCC.
Impacts (both temporary and permanent) to native habitat due to bridge construction would be mitigated at a 1:1 ratio for all wetland impacts'.This ratio is a guideline set by the ACOE for
mitigation prior to impact. Concurrence of both the CDFG and the CCC must be obtained if this ratio is used to mitigate project related impacts. These agencies have verbally indicated that the
1:1 mitigation ratio would be acceptable if accomplished prior to construction.
1.1 PROJECT DESCRIPTION
1.1.1 Location of the Project
Reach 1 of Cannon Road Would be located south of Agua Hedionda Lagoon between 1-5 on the west and the proposed route of Faraday Avenue east of Macario Canyon (Figures 1 and 2). From its interchange with 1-5, existing Cannon Road runs east about 1,000 feet ending at Car Country Drive.
Cannon Road Ertension Project City of Carlsbad, California
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• Figure •2
Conceptual Mitigation Plan for Reaches 1 and 2
0 1.1.2 Overall Project Summary
The proposed Reach 1 of Cannon Road would extend from Car Country Drive onto the mesa
above Agua Hedionda Lagoon and traverse Macario Canyon near its confluence with the lagoon
basin. Reach 1 of Cannon Road is proposed to cross Macario Canyon on a bridge and terminate
on the eastern canyon rim. Reach 1 was the subject of an E1R certified on June 27, 1.989.
Permits from resource agencies were obtained and are listed in Section 1.0, Introduction.
The proposed Reach 2 of Cannon Road begins on the eastern edge of Macario Canyon and travels northeasterly to the intersection with El Camino Real. The project area is bounded by El Camino
Real to the north, College Avenue to the east, and Palomar Airport Road to the south (Figure 2).
Reach 2 of Cannon Road was originally analyzed under the development proposal of the Kelly
Ranch Environmental Impact Report (EIR). Permits from the resource agencies were obtained
for that project in the middle to late 1980s and have since expired or are in suspense.
Portions of the Kelly Ranch project were constructed, including grading for the alignment of Cannon Road Reach 2. The width of the proposed Cannon Road Reach 2 was cleared, graded, and all improvements for drainages, including desiltation basins, were completed. Within the Cannon Road right-of-way, a surcharge and a temporary berm were placed on top of the intended future road. The current proposed project would finish the intended grading (which would include
•
the removal of the surcharge and the berm), resulting in the ultimate construction of the road.
The Cannon Road Reach 2 project will generally be constructed according to the original grading and design plans with two exceptions. A slight modification has been made in the turn radius and the bridge would be 10 feet wider than originally planned.
This plan mitigates impacts from the current Reach .2 project. Impacts associated with the Kelly
Ranch project have been mitigated.
The proposed intersection alignment is at the eastern end of the project site and would connect Cannon Road to El Camirto Real. This requires the construction of a bridge over Agua Hedionda Creek, and is the preferred alignment as shown on the original grading plans.
The entire length of the proposed Cannon Road is within the City of Carlsbad. Cannon Road is
included in the CarisbadGeneral Plan Circulation Element as a four-lane major arterial. The site
is also in the portion of the California Coastal Zone in the Agua Hedionda Land Use Plan, adopted in 1982 as part of the City of Carlsbad Local Coastal Program.
Cannon Road Extension Project City of Carlsbad, California
4
Conceptual Mitigation Plan for Reaches 1 and 2
1.1.3 Responsible Parties
Applicant: City of Carlsbad
Address: 2075 Las Palmas Drive
Carlsbad, California 92009-1576
Contact: Ms. Sherri Howard, Associate Engineer
Preparer: Tetra Tech; Inc.
Address: 591 Camino de la Reina, Suite 640
San Diego, California 92108
1.1.4 Jurisdictional Areas to be Directly Impacted by Habitat Type
The following jurisdictional areas would be.directly impacted by the Cannon Road project:
Southern willow scrub
Reach 1 2.48 acres o L
Reach 2 0.16 acre T 0
;( •: W • Brackish marsh
Reach 1 0.10 acre
Disturbed riparian scrub
Reach 2 0.13 acre
- Open water
Reach 2 0.14 acre
Total 3.01 acres
Indirect impacts from noise would be mitigated by erected sound barriers.
Cannon Road Extension Project • • City of Cathbad California
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••
Conceptual Mitigation Plan for Reaches 1 and 2
1.1.5 Types, Functions, and Values of the Jurisdictional Areas to be Directly or Indirectly
Impacted
Types
The existing plant communities identified within the project area include open water, brackish
marsh, disturbed riparian scrub, and southern willow scrub. The southern willow scrub onsite occurs along Macario Canyon Creek and Agua Hedionda Creek. Common native species include arroyo willow (Salix lasiolepis), black willow (Salix goodingiO, and mulefat (Baccharis salicifolia). This habitat is primarily found in loose, sandy, or fine gravely alluvium deposited
near stream channels.
Brackish marsh occurs in areas which support both saltmarsh and freshwater plant species, and therefore, is often found at the mouth of canyons near lagoons Common native species within this habitat include pickleweed (Solicornia virginica), brassbuttons (Cotula coronopifolia) , . sedge (Care.x sp.), rush (Juncus sp.), cattail (Typha sp.), and salt-grass (Distichlis spicwa).
The disturbed riparian scrub onsite is dominated by mulefat, coastal isocorna (Isocoma venera), and coyote bush (Baccharispilularis). This habitat occurs within the study area in the large basin at the western end of the project and at the eastern end of the project on the north side of the creek. The desiltation basin is located outside the right-of-way and appears to be maintained. The
habitat in this area consists of relatively young growth and the soil shows evidence of recent plowing. The disturbed riparian scrub habitat at the eastern end of the site is located within the right-of-way between the creek and El Camino Real. This habitat is poorly developed and is dominated by mulefat and coastal isocoma.
Open water and sandy wash occurs where Cannon Road would cross Agua Hedionda Creek. Open water habitat does not have emergent vegetation, but may have plants that float on the surface or are submerged.
Functions and Values
The primary function of the waters in the area is the transport of surface and groundwater flows from the watershed to Agua Hedionda Lagoon. Associated functions and values are discussed in this section with emphasis on the habitat functions that depend on these waters.
Functions and values of the existing southern willow, scrub, brackish marsh, disturbed riparian
scrub and open water habitats include contributions to local water quality, wildlife habitat, recreational uses, and public access. A qualitative assessment of functions and values is presented in this section.
Cannon Road Extension Project City of Carlsbad, California
6.
Conceptual Mitigation Plan for Reaches 1 and 2
A study of soils and groundwater associated with the proposed mitigation site in Macario Canyon
was conducted by Woodward-Clyde Consultants (1990). The affected waters and wetlands on Reach 1 are located downstream and within approximately 1,100 feet of the Woodward-Clyde study area. Groundwater attributes of the affected area and mitigation site are expected to be similar. In June 1990, groundwater was located within 5 to 13 feet of the ground surface. The elevation above mean sea level (AMSL) of these observations are 16 feet, 17 feet, and 20 feet. The report concludes that the water table occurred at 16 feet to 17 feet .AMSL. The location where the depth-to-groundwater is approximately 5 feet is located adjacent to the existing channel.
It was indicated that this may represent a local perched water zone.
Non-quantitative observations of the surface water flow in Marcario Canyon made by Tetra Tech
during the spring and early summer of 1996 indicate that water flows in this stream during the early summer. It is likely that these waters and wetlands are supplied by groundwater discharge
during the dry season. During the wet season these areas probably function as a recharge zone
when over bank flows occur. The similar topographic position and elevation suggest that affected
waters and wetlands on Reach 2 have similar characteristics.
Wetlands and riparian habitat provides nutrient removal and transformation functions. The
affected areas are located downstream of agricultural fields used for the production of peppers
during 1996. Inspection of an aerial photograph (Aerial Fotobank 1995) and orthophoto mapping
•
from 1988 (City of Carlsbad 1991) indicate that these fields have been cropped for at least the previous 9 years. The application of fertilizers to these cropped areas likely results in the transportation of leached nutrients into the stream. In addition, nutrients from natural and non-agricultural manmade sources are expected to enter the affected stream and groundwater systems. While .the relatively small extent of the affected habitats may limit the quantity of nutrients removed or transformed, they are expected to contribute to enhanced water quality and nutrient resources both within the stream system and in Agua Hedionda Lagoon.
The affected southern willow scrub and disturbed riparian scrub habitat modify flood flows by increasing the roughness coefficient. This reduces flow velocity and may result in the spreading of high flow waters and the increase of surface area where recharge can take place. Marsh vegetation is less resistant to flows and probably has. less effect on the velocity and distribution of flood flows.
.Crosby, Mead, Benton & Associates (1990) conducted a Sedimentation Basin Analysis for Reach 1 of Macario Canyon. They estimated that approximately 1.93 ions of fine- and medium-textured sand and 0.82 tons of silt are eroded each year from the shrub covered hills of Marcario Canyon. They suggest that most of this is transported through the canyon and deposited in the upper reaches of Agua Hedionda Lagoon. They further suggest that construction of roadways and embankments at the mouth of the lagoon have impeded the movement of sediment
into the Pacific Ocean.
Cannon Road Ertension Project City of Carlsbad, California 7
Conceptual Mitigation Plan for Reaches 1 and 2
Where the velocity of flowing water is reduced, sedimentation generally increases. Deposited
sediments are "banked" until resuspended and transported away from the site. The binding action
of the roots of southern willow scrub vegetation is expected to enhance sediment stabilization
where this habitat occurs. Marsh habitat also binds sediment with a substantial root system and may increase sediment deposition during low to moderate flows. The transportation of sediments into Agua Hedionda Lagoon is in part controlled by these riparian habitat functions. Sediments also provide substrate for riparian and wetland vegetation along the unnamed stream.
The value of the affected habitat for moderation of stream transported sedimentation to Agua Hedionda Lagoon is rated as low to moderate due to the small size of the affected area. The high
value of the lagoon habitat is the primary reason for including the moderate designation. The relatively small amount of sediment that is deposited within the unnamed creek and its adjacent floodplain is of high value in the context of the riparian community.
Both southern willow scrub and marsh vegetation shade water that flows through them and may moderate or reduce water temperatures. Water temperature is an important habitat characteristic for aquatic fauna. Faber, et. al (1989) indicates that water temperature affects numerous stream functions including processing of organic matter, chemical reactions and concentrations, metabolic rates of stream invertebrates, and cues for life-cycle events. Shading may prevent summer water temperatures from reaching lethal levels for fish and invertebrates. Stream shading by the affected habitats is therefore expected to enhance habitat characteristics for both in-stream and benthic fauna.
The value of stream shading provided by the affected habitat is considered high for the reaches
of Macario Canyon and Agua Hedionda Creek between the project area and Agua Hedionda Lagoon. The large volume of water in Agua Hedionda Lagoon is likely to greatly dilute the thermal contribution of this stream and, in this context, stream shading is expected to have a low value.
Habitat
The affected waters and wetlands also provide habitat functions and values for wildlife. Potentially affected wildlife includes two species listed as endangered by the USFWS.
Least Bell's vireo ( Vireo belli pusillus), occurs in the affected southern willow scrub habitat within Reach 1. This species is dependent on riparian forest, woodland and scrub habitats in southern California. Two male southwest willow flycatchers (Empidonax traillii extimus) were observed in adjacent southern willow scrub habitat on June 7, 1996. These birds were not observed on a subsequent survey (June 21, 1996) and were probably moving through the area. Southwest willow flycatchers may occasionally use the affected southern willow scrub habitat. No other species
listed as threatened or endangered by the USFWS are known to occur in the affected reach. Least
Cannon Road Extension Project City of Carlsbad, California
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Concepwai Mitigation Plan for Reaches 1 and 2
Bell's vireo and southwestern willow flycatchers have not been observed in the affected reach of
Agua Hedionda Creek. However, one least Bell's vireo was observed within the willow woodland habitat of Agua Hedionda creek adjacent to the study area and rght-of-way in July 1995.
Other bird species observed during least Bell's Vireo surveys conducted in Macario Canyon
include snowy egret (Egrerta thula), great blue heron (Ardea herodias), Nuttall's woodpecker (Picoides ,uaralliz), common yellowthroat (Geothlypos trichas), black-headed grosbeak (Pheucricus melanocephalus), brown-headed cowbird (Molorhrus ater), and others. Mammals detected in the study area include coyote (Canis latrans), California ground squirrel (Spermophilus beeche'yi), and raccoon (Procyon lotor). It is anticipated that several rodent species also occur in
these habitats.
The only aquatic species known to use these habitats is the mosquito fish (Gambusia affinis). It
is expected that several amphibians and numerous invertebrates occur in the affected waters and wetlands.
Due to the presence of least Bell's vireo, the affected habitat is considered to have high value.
In addition, the relatively high number of species observed during field surveys indicates the affected habitat is a factor in maintaining local species diversity. This also contributes to the rating of high habitat value.
Currently, the riparian area in Macario Canyon is used as habitation by transients and agricultural workers. Human habitation of the affected area probably reduces 'the ability of the canyon's riparian zone and wetlands to provide habitat for wildlife. Therefore, the affected area's full value as wildlife habitat is not expressed.
These hydrologic and biologic functions occur in the regional context of coastal southern California and within the watershed of Agua Hedionda Lagoon. The waters and wetlands of the project area condition water flows, sediment movement, and nutrients and affect the quality of water that eventually enters the lagoon. The waters, habitats, and wildlife of Agua Hedionda Lagoon represent regionally important resources. While the total affected acreage (3.01 acres) is relatively small compared to the. watershed of the lagoon, these functions contribute
proportionately to the lagoon ecosystem.
Recreational Use/Public Access
The affected waters and wetlands provide the public with limited recreational opportunities.
Birding and walking activities probably occur, but data is not available to determine the level of
use. Off-road vehicle use was frequently observed within the Macario Canyon study area. The
presence of human habitation may reduce public access and recreation opportunities.
Cannon Road Ertension Project
' City of Carlsbad, California 9
Concepflsal Mitigation Plan for Reaches 1 and 2
No hunting, fishing, or other consumptive uses are known to 'occur within the affected waters and
wetlands. A moderate value level is assigned to the recreational uses/public, access functions of
the site.
2.0 GOAL OF MITIGATION
This section addresses the type of habitat to. be created and/or enhanced, functions and values of these habitats, estimated 'time lapse, and estimated cost. Since this mitigation plan is written at the conceptual level, time lapse and estimated cost components of the analysis are treated at a
general level.
2.1 TYPE OF HABITAT TO BE CREATED/ENHANCED
The mitigation effort would result in the creation of southern willow scrub habitat suitable for
least Bell's vireo and marsh habitat.
2.2 'FUNCTIONS AND VALUES OF HABITAT TO BE CREATED
The functions and values associated with the created habitat are expected to be similar to those describe in Section 1.1.5.
2.3 TIME LAPSE
The mitigation effort would be implemented prior to construction of the project. The desired timefraine for establishment of the created habitat is 1 year. Therefore, there would be no time lapse between the impact and mitigation.
2.4 ESTIMATED COST
This report is meant to guide the project engineers and landscape architect in the preparation of a detailed mitigation plan that will include earthwork estimates, detailed planting plans, and other project components that significantly affect cost. However, the City has made a preliminary estimate of $250,000 per acre plus land costs.
3.0 FINAL SUCCESS CRITERIA
The final success criteria are presented in Table 3-1. The revegetation plan was developed as mitigation to restore comparable or increased biological habitat for habitats lost during construction. The revegetation concept and this report were prepared to comply with the regulatory conditions set forth by the ACOE, CDFG, and the CCC. The USFWS has indicated that meeting the criteria presented in Table 3-1 or detecting occupance of the southern willow
Cannon Road Extension Project City of Carlsbad, California 10
Concepwal Mitigation Plan for Reaches 1 and 2
scrub habitat by least Bell's vireo will satisfy their concerns for project mitigation (U.S. Fish and
Wildlife Service 1992).
• Table 3-1
Project Success Standards and Measures to be
Taken if the Standard is Not Met
Standard Measure If Standard Not Met
70% groundcover (visual estimate) based on hydroseed Reseed/replant
development
Establishment of all species planted Reseed/replant. Substitutions possible
80% healthy container tree plantings Replace with same species/size
80% survival of tree plantings' Replant
80% survival of remaining shrub plantings' Replant
Height standards met for all trees Replant or receive remedial
measures, substitutions possible
Tree Height Standards'
Cottonwoods 10 feet . Sycamore 9 feet
Willows 11 feet
Mulefat, sandbar willow, elderberry 6 feet
95% survival of tree plantings'
80% survival of shrub plantings'
80% groundcover by all species
Canopy cover standards met for trees and shrubs
Replant
Replant
Additional seed or container plantings
as recommended by revegetation
designer'-
Replant or receive remedial
measures, substitutions possible
Canonv Cover Standards'
Willow riparian woodland 80%
Brackish marsh 80%
Notes: 'At the discretion of the ACOE, dead container plants can be mitigated for by naturally invading seedlings. 'Mean height in feet.
3A11 canopy covers given in percentages. •
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Cannon Road Extension Project City of Carlsbad, California
11 •
Conceptual Mitigation Plan for Reaches 1 and 2
3.1 TARGET FUNCTIONS AND VALUES
It is anticipated that those functions and values described in Section 1. 1.5 will be substantially
reproduced by the created habitat. The proposed plant palettes provide opportunities for a higher
diversity of riparian trees and shrubs than currently Occur in the affected habitats.
Southern willow scrub is an early successional phase of more complex riparian woodlands and
forests (Holland 1986). This vegetation type generally becomes established after sever scouring events create the open, moist, mineral-based substrate typically required for willow germination
(Faber et. al 1989). During its first 15 to 20 years of growth, it may have a lower species diversity than more successionally advanced riparian woodlands. The plant palette for this target vegetation includes tree, shrub, and understory species that are anticipated to provide resources
not available in the affected wetlands (Table 3-2). The inclusion of taller growing trees is expected to produce habitat with enhanced structural diversity. As succession proceeds, this habitat is expected to become southern cottonwood willow riparian forest.
The planting pallet for marsh vegetation is also designed to enhance plant species diversity in the target vegetation relative to the affected habitat (Table 3-3). This may be accomplished by. planting recommended species in the plant palette at appropriate locations relative to the inundation level. For example, mule fat is best planted at the edge of the target marsh habitat
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rather than in deeper water where cattail and bulrush are expected to become the dominant species. Since the salinity of both soils and water on the proposed mitigation area vary with
location, the plant palette has been designed to include species that tolerate a wide range of salinites.
The mitigation plan will' integrate southern willow scrub and marsh plantings to provide adjacent edges. Edge habitats are expected to have higher structural diversity and provide additional opportunities for wildlife species.
3.2 TARGET HYDROLOGICAL REGIME
The target hydrological regime is similar to that present on the affected areas. The majority of the hydrological functions are generated at the scale of the unnamed streams watershed rather than
within the proposed mitigation area. The source of water will remain seasonal runoff and groundwater discharge. Seasonal flooding will occur at similar rates and periodicities. The flow direction will remain substantially the same and the size of the watershed is not expected to change significantly. Water quality and sediment transport functions are also expected to be similar to the affected habitats.
Cannon Road Extension Project City of Carlsbad, California
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Conceptual Mitigation Plan for Reaches 1 and 2
Table 3-2
Plant Species Recommended for Cannon Road-Reaches 1 and 2
Willow Scrub Revegetation Site atMacarlo Canyon, Carlsbad
No. Per Acre or Scientific Name Common Name Container Size Pounds Per Acre
Willow Riparian Woodland
Overstory Container Plants
Salix goodingii Black Willow 1 gal 250
Salix lasiolepis " Arroyo Willow 1 gal 250
PopuLus frentonzii Fremont Cottonwood 1 gal 16
P1awnus racemosa Western Sycamore 5 gal 16
Baccharis salicifolia Mulefat 1 gal 335
Salix exigua Sandbar Willow 1 gal
Subtotal Plants/Acre
Container Plants
947
Understory
Rosa cal4fornica Wild Rose 1 gal 30
Sainbucus mexicana Mexican Elderberry 1 gal 50
• Viris girdiana Wild Grape 1 gal 10
Rubus ursinus California Blackberry 1 gal 30
Ribes indecorum Winter Current 1 gal
Subtotal Plants/Acre
TOTAL PLANTS/ACRE
Understory Hydroseed
1.097
Anenzopss coiifornica Yerba mansa 2 lbs*
0 Anemisia douglasiana Mugwort 2 lbs
Artemisia dracuncui.us Tarragon .2 lbs
Condo coronopifolia Brass Buttons 1 lbs
Melilotus officinalis Yellow Sweet Clover 4 lbs
Pluchea odorwa March Fleabane 2 lbs
Solidago californica California Goldenrod 2 lbs
Festuca megalura Foxtail fescue 3 lbs
Notes: *Pounds per acre should be confirmed with the native seed nursery. Pounds may vary based on viability of that p'.zcuiar crop. S
Cannon Road Extension Project City of Carlsbad, California
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Conceptual Mitigation Plan for Reaches 1 and 2
Table 3-3
Plant Species Recommended for Cannon Road-Reaches 1 and 2
Marsh Revegetation Site at Macarm Canyon, Carlsbad
No. Per Acre or
Scientific Name Common Name Container Size Pounds Per Acre
Brackish Marsh
Container Plants
Jwwus acuzus Spiky rush 1 gal 100
Pluc/zea odoraza Marsh fleabane 4 inch 300
Anemopsis coikfornica
Salicornia subterminalis
Frankeniti saUna
Baccharis salictfolia
Hymenoclea monogyra
TOTAL PLANTS/ACRE'
Hvdroseed Mix
Juncus acuzus
Scirpus coJfornica
Arremisia douglasiana
Conda coronbpfo1ia
Solidago ca1fomica
Typha sp.
TOTAL POUNDS SEED/ACRE
Igal 100
Yerba mansa 4 inch. 300.
igal 100
Glasswort 4 inch 300
lgal 100
Alkali heath igal 100
Mulefat igal 31
Hymenoclea igal
1,362
Southwestern Spiny Rush 3 lbs
Bulrush 5 lbs
Mugwort 2 lbs
Brass Buttons 1 lb
California Goldenrod 2 lbs
Cattail 2b
10
Hydrologic factors partially controlled by the design of the mitigation area include duration, periodicity, and depth of pondmg and flooding. These factors are controlled in part by the elevation of the site relative to the thaiweg of the stream. Relatively low areas are characterized by deeper waters that may remain inundated longer when flooding occurs. Periodicity of flooding may be higher in low areas. Relatively high areas have a shorter duration, less frequent, and shallower flooding. The target hydrological conditions are those created by approximating the conditions existing in the affected habitat.
An additional hydrologic function that can be influenced by project design is the depth to groundwater (DTG).' The ACOE (1990) has indicated that the optimal DTG for willows and
Cannon Road Extension Project City of Carlsbad, California
14
r
L
Conceptual Mitigation Plan for Reaches 1 and 2
cottonwoods is thought not to exceed 6 feet. Mule fat grOws where DIG is between 0 and 10 feet. Therefore, the grading plans will specify these DTGs for areas planted with riparian trees and shrubs.
Dominant marsh plants are emergent wetland species and require saturated or inundated soils year
around. The marsh area will be designed to have standing surface water year around. Therefore, the grading plans will specify that areas planted to marsh vegetation must have groundwater at the
surface which gradually grades into standing water approximately 3 feet deep.
The preferred DIG or depth of inundation for the dominant plant species will be an important factor in determining the final elevation of gradmg in the target habitats. The marsh habitat should have a depth of no greater than 3 feet and should slope gradually upward toward the edge.
This will provide the variety of inundation depths required for the recommended species in the
plant palette.
Since DIG and depth of inundation are expected to be the most crucial factor for the long term survival of the target vegetation, they should be given preference over considerations of duration, periodicity, and depth of flooding.
3.3 TARGET JURISDICTIONAL ACREAGE TO BE CREATED/ENHANCED
The target jurisdictional acreage for this mitigation plan is as follows:
U. Southern willow scrub 2.91 acres
Marsh - 0.l0acre
Total 3.01 acres
The mitigation effort will also remove pampas grass (Cortaderiajubata) from 28 acres of existing wetland habitat in Macario Canyon. This is expected to allow the reestablishment of native riparian and wetland flora. As native plant species regain dominance, habitat values for wildlife
are expected to improve.
4.0 THE PROPOSED MITIGATION SITE
4.1 LOCATION OF THE MITIGATION AREA
The proposed mitigation site is located in Marcario Canyon approximately 1,100 feet upstream of the affected waters and wetlands (Figure 3 and Plate 1). This site was chosen because it is close to the impacted area, requires relatively little grading, has surface contours that can be
Cannon Road Extension Project City of Carlsbad, California
15
(((
0' 249 TETRA TECH INC.
S . 16
LEGEND
Proposed Mitigation Site
Proposed Marsh Area
SDG&E Wires
-. 20 Gas Easement Per RBF
® 6 Soil Sample Sites
Proposed Mitigation Sites
Macario Canyon
Rip re3
Conceptual Mitigation Plan for Reaches 1 and 2
modified to take advantage of existing groundwater and surface water hydrology, and is on land
currently owned by the City of Carlsbad.
4.2 OWNERSHIP STATUS
The City of Carlsbad currently owns the proposed mitigation site and lands adjacent to it. The
mitigation area will remain in the ownership of the City of Carlsbad following completion of the
project. Long-term protection and management of the site will remain the responsibility of the
City of -Carlsbad.
Known water flows to and from the site are the result of local runoff, agricultural tailwaters, and
possibly urban runoff from streets and developed areas within the watershed. These flows are not
currently controlled.
Permission to access the site may be obtained from the City of Carlsbad.
4.3 EXISTING-FUNCTIONS AND VALUES OF THE MITIGATION AREA
The proposed mitigation area was selected from several candidate areas in Macario Canyon
(Figure 3). This area is large enough to accommodate the 3.01 acres of proposed mitigation. The
existing functions associated with the proposed mitigation area are dominated by the site's upland
nature and current land use. The habitat is characterized by agricultural fields of annual row
crops on gentle slopes. These slopes contribute surface runoff to the stream and percolation of
surface water into the groundwater supply. They may also transport runoff from adjacent portions
of the agricultural fields: Nutrients may also be transported to the stream system in the form of
fertilizer salts. Habitat functions currently occurring on the proposed site include foraging by
species capable of using agricultural fields.
. . .
The value of these functions to wildlife is relatively low. The potential for this habitat to serve as
a source of fertilizer salts and pesticides further reduces its habitat value. The site's value as
agricultural production is limited by its small size.
4.4 PRESENT AND PROPOSED USES OF THE MITIGATION AREA
The proposed use of this area is mitigation for the Cannon Road Wetland Mitigation Project. The
present use of the mitigation area is agricultural production, human habitation, and watershed.
A gas transmission pipeline owned by San Diego Gas And Electric (SDG&E) crosses Marcario
Canyon in the vicinity of the site. The pipeline is adjacent to the area (Figure 3). The majority
of the area is far enough from the pipeline to avoid potential land use conflicts. A shooting range
is located upstream.
Cannon Road Extension Project
. City of Carlsbad, California
17
Conceptual Müigation Plan for Reaches 1 and 2
All adjacent areas are owned by the City of Carlsbad. The existing uses include agricultural
production on the slopes northeast of the proposed site. The slopes southwest of the site are
currently used as habitat and watershed. Several dirt-surfaced roads traverse the area.
Recreational use occurs on these roads. SDG&E has existing right-of-ways for a gas transmission
pipeline and electrical transmission lines on adjacent lands.
Proposed uses for areas adjacent to the site include a park and golf course on the slopes currently
in agricultural production. The proposed Cannon Road would cross Marcario Canyon
approximately. 1,100 feet northwest of the site (Figure 3 and Plate 1).
4.5 ZONING
Lands on and adjacent to the proposed mitigation site are zoned as open space.
5.0 IMPLEMENTATION PLAN
5.1 RATIONALE FOR EXPECTING IMPLEMENTATION SUCCESS
The rationale for expecting successful implementation of the proposed mitigation include the City
of Carlsbad's strong commitment to this effort and the favorable physical conditions on the site.
The City's commitment will lead to the selection of an implementation team with experience in
riparian and wetland mitigation. O'Day Consultants will use this Conceptual Mitigation plan as
the basis for additional studies to provide the detail necessary for the final plan. These studies
include:
Field survey to tie in mitigation areas and property lines;
Preparation of legal, plat, and closure documentation;
Earthwork calculation;
a Detailed grading plan;
Hydrology study;
I Erosion control plan;
I Final grading cost estimate; and
a Specifications for the work to be completed.
Soil salinity tests were made within the proposed mitigation area to assess suitability for the
proposed effort. The results of these tests are presented in Table 5-1. These samples were taken at the locations shown on Plate 1. The ACOE (1987) indicates that soils suitable for planting to
non-salt tolerant species should have ECe values of 4.0 or less. The results indicate that soil
salinity within the sampled areas varies from 2.5 ECes on the higher elevation portions of the
proposed area to an ECe of 6.6 adjacent to existing riparian vegetation. Four of the seven
samples have ECes greater than 4.0. To further assess the salinity profile, samples were taken
Cannon Road Extension Project City of Carlsbad, California 18
Conceptual Mitigation Plan for Reaches 1 and 2
at depths of 4 inches to 6 inches, 12 inches, and approximately',16 inches at Location 1. These
samples have the following ECes of 6.6, 4.8, and 3.2, respectively. This indicates that the upper 4 to 6 inches of the soil has the highest salt content. This sample was taken in an area where riparian vegetation now grows. This suggests that established onsite vegetation will tolerate this level of salinity in the upper soil. It is likely that if the salinity is managed during the early stages
of the revegetation effort, riparian vegetation can be successfully established.
Table-S-1
Soil Salinity Test Results
Sample Location pH ECe PFI
1 4to6inches 7.9 6.4 4.1
1 12 inches 7.9 4.8 3.1
1 >l6inches 6.5 3.2 2.1
2 6 to 8 inches 7.4 6.6 4.2
3 6 to 8 inches 7.2 6.3 4.0
4 6to8inches 7.6 4.0 2.6 .
5 6to8inches 7.7 5.9 3.8
6 6to8 inches 6.9 2.5 1.6
7 6 'to 8 inches 6.9 2.2 1.4
Notes: pH based on saturated soil paste.
Ece calculated on a saturation extract. PPT equal to Ece x .64.
It is recommended that the Final Mitigation Plan include measures to thoroughly test the salinity
of soils in the mitigation area; and if necessary, reduce soil salinity in areas that would, be planted to southern willow scrub. This may be accomplished with a soil amendment such as gypsum.
Gypsum replaces sodium ions with calcium allowing the sodium to be leached out of the upper soil. An additional measure may include revegetating areas with marsh vegetation on soils with higher ECes, particularly where these occur at the lower elevations of the mitigation site.
Water samples were also tested for salinity and ranged from 7.68 patts per.thousand (ppt) adjacent to Agua Hedionda Lagoon to 2.43 ppt at the proposed mitigation site. The 'samples from reaches of the stream near the mitigation site have relatively low salinities. This suggests that the waters in the mitigation area may not be sufficiently salty to maintain a brackish marsh habitat if allowed to flow through the created habitat on a year-round basis. The final design should incorporate ways. to optimize the salinity of the water and soil in the brackish marsh area.
0 Cannon Road Extension Project
. . City of Carlsbad, California 19. .
Conceptual Mitigation Plan for Reaches 1 and 2
5.2 RESPONSIBLE PARTIES
The parties responsible for the implementation of the mitigation plan include:
Project Proponent: The City of Carlsbad
Address: 2075 Las PaInia Drive
Carlsbad, California 92009-1576
Attention: Ms. Sherri Howard.
Preparer of Tetra Tech, Inc.
Mitigation Plan: S 591 Camino de la Reina, Suite 640
San Diego, California 92108
(619) 718-9676
Attention: Ms. Betty Dehoney
Preparer of Final O'Day Consultants
Mitigation Plan: 7220 Avenida Encinas, Suite 204
Carlsbad, California 92009
(619)931-7700
Attention: Mr. Patrick O'Day
5.3 SCHEDULE
The schedule for timing of site preparation and planting will be provided as part of the Final Mitigation Plan. The optimal time for installation of the plant materials is fall or early winter. However, with irrigation, the area may be planted during the fall, winter', or spring.
5.4 SITE PREPARATION
The grading or landscape contractor will be responsible for all site preparation. The details of site preparation are being prepared by O'Day Consultants and will be included in the final plan. A biological monitor will be onsite during final site preparation to verify correct placement of
plant materials and make minor adjustments to the final landscape plan,'if warranted, based on the final grading and hydrology plan.
.
Optimally, site preparation should begin in mid-September or as soon as the least Bell's vireo is
not present.. This allows the project to take advantage of any rainfall during the winter and spring months. Planting during this season also allows the plants to become established prior to heavy rainfall and possible flooding. All trash will be removed from the mitigation site prior to weeding and subsequent planting and seeding. If hydrology studies indicate that the chosen site is likely.
Cannon Road Extension Project
. City of Cadsbad, California
20
Conceptual Mitigation Plan for Reaches 1 and 2
to be flooded, the final plan will include measures designed to moderate the velocity of water crossing the revegetation area. If such measures are not feasible, the possibility exists that replanting after a flood may be necessary.
The soil on the graded areas may have relatively low nutrient levels. Prior to initiation of planting or hydroseeding, the soil will be tested to determine which nutrients may be required. The use
of fertilizers in native revegetation projects is somewhat controversial as the enriched soil can also provide ideal growing situations for weedy species that may compete with native plants.
The success of revegetation efforts can be enhanced by providing an inoculum of mychorizal
fungi. This may be accomplished by obtaining leaf litter and surface soils from existing riparian
habitat with similar soil chemistry. It is recommended that inoculum be obtained from the affected waters and wetlands and/or riparian habitat adjacent to the revegetation area. Inoculum
should only be taken from areas free of invasive weed species.
5.5 PLANTING PLAN
The proposed revegetation site is located within Macario Canyon (Figures 2 and 3). Tree species to be used include: black willow, arroyo willow, Fremont cottonwood (Populus fremonti:), western sycamore (Platanus racernosa), and Mexican elderberry (Sambucus mexicana). Shrub
•
species include: mulefat, sandbar willow (Salix hindsiana), wild rose (Rosa californica), California blackberry (Rubus urinu), and winter current (Ribes indecorum). Additional species that would be seeded onto the site include yerba inansa (Anemopsis californica), mugwort (Arremisia douglasiana), San Diego sagewort (Arte,nisia palmeri), brass buttons (Cotula coronopfolia), southwestern spiny rush (Juncus acurus), yellow sweet clover (Melilotu..s officinalis), marsh fleabane (Pluchea odorata), California goldenrod (Solidago californica), and foxtail fescue (Festuca megalura).
Plant Palettes
The plant palette to be used in the revegetation of marsh and southern willow scrub will consist
of a combination of container planting and seed. Tables 3-2 and 3-3 provide lists of recommended
plants and seeds. The availability of these species should be confirmed with a native plant nursery and seed supplier prior to completion of the final landscape diawings. If required, changes in the plant palette will be reviewed by the monitoring biologist. Changes to the plant palette will be
consistent with the overall intent of the mitigation design and must be species native to southern California riparian systems. Initial planting will consist of large and small specimens planted at densities high enough to achieve the goal of attaining the cover criteria in 1 year.
Plant material will be purchased from reputable nurseries specializing in native species. In addition, the seed stock will be purchased from a company which continuously collects seeds of
40 Cannon Road Ertension Project City of Carlsbad, California
21
Conceptual Mitigation Plan for Reaches 1 and 2
appropriate species in Southern California. If the nurseries or seed companies do not have stock
on hand, onsite collection may occur in the affected habitat. These species can be stored or grown
in the nursery until ready to plant. Generally, a nursery requires 4 to 6 months to deliver an order
of this magnitude.
The final planting layout should cluster tree species and allow for some clusters of shrubs to
provide structural diversity (Figure 4). Wild rose, California blackberry, and winter current
would be planted along the upland edge of the site along with the western sycamore and Mexican
elderberry. The blackberry and rose should be used to form a natural buffer to minimize human
intrusion into the area.
Planting of the marsh area (Figures 3 and 5) will require a flexible planting pallet. The pallet will
include species adapted to a variety of inundation and salinity regimes. This is necessary since
the exact soil moisture and salinity characteristics of the area cannot be predicted prior to final
grading. In addition, the newly graded site is not expected to be in equilibrium with the site
hydrology, and conditions of salinity may change as an equilibrium develops. Planting a broad
palette allows selection to occur and enhances both the short-term and long-term likelihood that
the site will succeed and provide the target functions and values.
The created marsh will have an area subject to extended periods of inundation on which cattail and
•
bulrush are expected to establish. Bulrush is generally more adapted to deeper water than cattail.
Therefore, cattail will be planted in the shallower water and bulrush in the deeper areas. A
transition zone planted to both species is expected to allow competitive mechanisms to establish
the dominant species (Figure 5).
The marsh edge would be characterized by saturated, but non-inundated, soils or soils that are
inundated for only a short period. The planting pallet for marsh edge (Table 3-3 and Figure 5) includes species adapted to a range of conditions of soil moisture and salinity. The initial p!antng
would be expected to adapt dynamically to site conditions and selective mechanisms would
determine the final species composition and distribution of the marsh edge habitat.
Planting Specifications
Some areas may require grading to provide correct hydrologic functions. Marsh vegetation should
be planted adjacent to the existing stream to minimize required grading and take full advantage
of the existing hydrology (Figure 5). The site should be graded and contoured, and irrigation
should be installed early enough to allow the planting of the marsh component of the vegetation
during warm weather. Hydroperiod and water depth significantly affect the establishment of
emergent wetland vegetation (Poiani and JOhnson 1989). These factors can be controlled most
Cannon Road Extension Project City of Carlsbad, California
22
1
7.
5O Feet —
A Overstory Container Plants
Salix goodingii Black Willow
Salix lasiolepis Arroyo Willow
Populusfremonrii Fremont Cottonwood
Platanus raceniosa Western Sycamore
Baccharis saIifalia Mulelat
Salix erigua Sandbar Willow
B M Understory Container Plants
Rosa ca!!fiirnica Wild Rose
Sambucus niexicana Mexican Elderberry
Vizis girdiana Wild Grape
Rubus ursinus California Blackberry
Ribe.s indecorum Winter Current
C :•1 Understory hydroseed
T.4uensopsis californica Yerba mansa
Arteinisia douglasiana Mugwort
A rteniisia dracunculus Tarragon.
Cotula coronopifolia Brass Buttons
Meliotu.s offlcinali.s Yellow Sweet Clover
Pluchea odorata March Fleabane
Solidago caljfornica California Goldenrod
Festuca niegalura Foxtail fescue
Riparian Planting Design for 50'x 50' Cell
TETRA TECH INC.
Figure 4
Marsh Edge Detail
0
N
Marsh Edge Containers
- 1 Juncus acutus Spiny Rush
2 Pluchea odorata Marsh Fleahonc
3 Aneniopsis calfornica Yerba Mansa
4 Salicornica subteminalis Glasswort
5 Frankenia sauna Alkali Heath
6 Baccharis salicjfolia Mule Fat
7 1-lyrnenoclea nionogyra Hyrnenoclea
P.
lOFeet --
Soil Surface
Water Table
V
Approximately 3 Feet East
I West
'
Emergent Wetland Detail
V
•
IT
I Pit
j T T
1 T. [t1;1 ;2 22
F%
V
Emergent Wetland Containers V
V Scirpus calfornicus bulrush
Increasing Water Depth
V
V
LIJ. )pha latfolia cattail
ig
V V
Conceptual Marsh Planting Design
TECH INC. V
V Figure 5
Concepnsal Mitigation Plan for Reaches 1 and 2
easily prior to the onset of raw.' arm weather is also expected to enhance the success of
emergent p1antings.. Cattail and btii iil1ants should have leaves attached to the rhizomes when
they are planted. —D äróygen supply for the establishing rhizomes. Rhizomes
planted without attached leaves have a lower survival rate (Bedish 1967).
Southern willow scrub will be planted where the DTG does not exceed 6 feet. Areas where the
target vegetation is southern willow scrub should be planted after October 1 .to reduce hot weather
stress and to allow establishment to occur during the cool, wet portion of the year. All areas will
be planted with container specimens and seeded with the appropriate hydroseed mix. Planting
densities would be high to allow attainment of the cover goals after 1 year of growth. Densities
may be increased by planting cuttings in addition to the specified container stock. However, due
to potentially high mortality, the cuttings should not be included in survival counts.
Approximately 25 percent of the planted container stock would be at or above the height goal to
enhance the probability that this goal would be met during the first year. Container plants will
be planted prior to the application of the hydroseed. Hydroseed should be applied mechanically
with a slurry. A hydroseed company experienced with native seed applications should be retained
to complete this task.
Container trees and shrubs will be planted using standard horticultural practices: excavating a
planting hole twice the diameter of the root ball, filling the hole twice with water, and leaving the
plant crown approximately 1 inch above grade after planting. Plants will be placed in soils that
have been thoroughly watered before planting, and watered immediately after planting. Any roots
wrapped around the rootball will be loosened. The plants should be planted in clusters of three
to five simulating natural patterns.
The monitoring biologist will be present onsite during the planting and seeding procedures on an
as-needed basis. The monitoring biologist should conduct a final check of the site after the
planting is complete. The final check will document that plants were appropriately placed by the
contractor, hydroseed slurry has been correctly applied, and the correct species have been used.
5.6 IRRIGATION PLAN
Irrigation will be supplied for this site. The most feasible source of water is the irrigation system
of the farm operation adjacent to the east edge of the proposed mitigation site. It is anticipated
that irrigation will be buried PVC pipe with overhead sprinkler heads. Although the use of
irrigation will be temporary, it will be permanently installed to reduce vandalism. Final irrigation
design will be conducted by a landscape architect and reviewed by the monitoring biologist.
Cannon Road Extension Project City of Carlsbad, California 25
Conceptual Mitigation Plan for Reaches 1 and 2
5.7 AS-BUILT CONDITIONS
The City of Carlsbad will submit a report to the ACOE within 6 weeks of site preparation and
planting describing the as-built slams of the mitigation project. Separate reports will be submitted
for grading, planting work, and erosion control measures, if completed within 6 weeks of each
other. The City will also provide the concerned agencies topographic maps showing as-built
contours of the mitigation area. These maps will indicate the location of plantings and any other
installations or structures.
6.0 MA1NENANCE DURING MONITORING PERIOD
The revegetated areas will require regular maintenance including inspection of the site for erosion
problems, weed invasion, irrigation adequacy, herbivory, unhealthy or dying plants, removal of
trash and actions necessary to prevent off-road vehicle use and illegal, dumping. These
maintenance activities will be implemented throughout the monitoring period.
6.1 REPLACEMENT OF DEAD OR DISEASED PLANT MATERIAL
All container plant materials will be inspected by the biological monitor 90 days after planting.
At that time, dead plants will be replaced in-kind by the contractor. If disease Or insect damage
•
is detected, an assessment of the causal agents will be made and appropriate action will be taken.
All replacement plantings will be made in late fall or winter. Thereafter, plantings will be
assessed monthly during the monitoring period. Dead plants will be replaced by the City of
Carlsbad. Disease and insect damage will also be assessed and appropriate actions taken as
necessary for the full monitoring period.
Seeded areas will be assessed 120 days after seeding and monthly thereafter for a 1-year
monitoring period or until performance standards are met. Seeded areas determined by the
biological monitor not to have obtained 50 percent coverage or better are to be reseeded at the
expense of the contractor at 120 days, and thereafter if necessary, at the expense of the City of
Carlsbad.
6.2 WEED CONTROL
Weeding prior to seeding is important since non-native species will compete with the native
seedlings: An aggressive weed eradication program will be implemented prior to site preparation,
planting and seeding, and continue over the maintenance and monitoring period. Weedy species
are present around the project site and include Brazilian pepper tree (Schinus :erebiiuhzfolius), tree tobacco (Nicoriana glauca), Bermuda grass (Cynodon dactylon), sweet fennel (Foenicuiwn vulgare), pampas grass (Corraderia selloana), wild, radish (Raplianus swivus), castor bean (Ricinus communis), mustard (Brossica sp.), non-native grass, and other invasive plant species.
Cannon Road Extension Project . City of Carlsbad, California
26
Conceptual Mitigation Plan for Reaches 1 and 2
.10 Weed removal and control methods include:
Removal of specific weedy species including pampas grass, tree tobacco, and
Brazilian pepper tree through foliar application or 'cut-stump treatment, with an
appropriate herbicide;
Hand removal of entire plant including the root system; and
'I Girdling of larger trees or. shrubs.
The specific method will be recommend by the monitoring biologist.
Weed abatement techniques will vary, depending on species. Small shrubs should be removed by
hand; however, the size of the plant will determine the feasibility of complete removal. If plants are too large to dig out by the roots, they can be cut back at the base, then the cut base can be painted with an appropriate herbicide as recommended by the biological monitor.
Under the current permits, pampas grass removal is to be conducted on 28 acres within the canyon. After initial removal of pampas grass, the contractor should cheek the area each year for a 5-year period. If regrowth has occurred, additional applications should be made.
6.3 PRUNING AND STAKING
No pruning or leaf litter removal will take place within the mitigation site since the goal is to create natural habitat functions. Therefore, dead branches will be left on the shrubs and trees and leaf litter and fallen branches will, not be cleared away from the planting. Pruning may be done only if required' for insect and/or disease control. Trees in 15-gallon or larger containers should
be staked.
6.4 EROSION CONTROL
'
An erosion control stock will be included in the hydroseed mix. This species should be an.annual, fast growing species which does not readily re-seed. The, native seed company will be able to provide recommendations for such a crop. The correct species should provide erosion control
during the first year. This will allow the native seed to germinate and develop the following year. Native vegetation will provide erosion control for the remainder of the monitoring period.
6.5 SITE ACCESS
Measures to prevent off-road vehicles ingress into the site will be included in the final plan. Maintenance crews and the biological, monitor will be responsible for reporting vandalism and
Cannon Road Extension Project - City of Carlsbad, California
27
Conceptual Mitigation Plan for Reaches 1 and 2
trespassing to the City. Barrier plants such as blackberry and rose could be used to form a natural
buffer to reduce human intrusion into the area.
6.6 COWBIRD TRAPPING
Cowbird trapping is required by the USFWS under the Biological Opinion for Cannon Road (U.S.
Fish and Wildlife Service 1992). Cowbird traps should be set every 100 linear yards along Macario Canyon (5 traps total) in the riparian habitat during the least Bell's vireo breeding season (May through August). The trapping program will be operated to avoid checking the traps on weekends and holidays. Traps would be supplied with food, water, and at least one live cowbird
to lure others into the trap. At the end of the season any live cowbirds would be properly
disposed of. Cowbird trapping would occur for the entire monitoring period. All trapping must
be conducted by persons holding a live cowbird trapping permit from the USFWS.
7.0 MONITORING PROGRAM
An important component of any revegetationlmitigation program is documentation of progress until the specified monitoring period is completed. General observations will be important in documenting areas of poor growth or. cover, dead or dying plants, weed invasion, erosion
problems, and inadequate hydrology. Documentation will be provided by a monitoring biologist.
40 The primary goal of the revegetation effort is to establish self-sustaining marsh. and southern willow scrub habitat. Monitoring will be accomplished by a qualified biologist with appropriate
credentials and experience.
The monitoring program will use a variety of qualitative and quantitative procedures to document the changes in growth and density of the desired species within the sampled areas. One of the most important procedures will be standardized observations of the entire site to provide a general
record of trends within the mitigation site. Quantitative studies will be conducted to obtain cover estimates, densities, and monitor changes in species diversity. All changes in growth and survivorship will be documented to determine the success of establishment over the monitoring-period.
7.1 HORTICULTURAL MONITORING
The biological monitor will inspect the mitigation site monthly after the installation of the plant materials. The responsible maintenance staff at the City of Carlsbad will participate in each site visit to discuss any remediation or maintenance measures required. The entire site will be assessed qualitatively for evidence of erosion, weed invasion, hydrological problems, vandalism,
and plant mortality. Notes on the general health and growth of the container plants and hydroseeded areas will be made during these visits. The results of the horticultural monitoring
Cannon Road Extension Project City of Carlsbad, California
28
Conceptual Mitigation Plan for Reaches 1 and 2
will be included in the annual report required by the resource agencies. If immediate attention
is required., an interim letter report will be sent to the City after each qualitative monitoring period.
7.2 BOTANICAL MONITORING
Quantitative data will be collected twice yearly during the monitoring period. Information
gathered will include survivorship of container stock, species cover, species composition, tree
height, percent native versus non-native species, and species density of understory seeded areas.
Quantitative measurements may include, but not be limited to, permanent 1 meter x 1 meter
quadrants placed at random locations within the mitigation site. These locations will be sampled
each year. Quadrant sampling will be used to determine percent cover of the herb and seedling
layer. The herb and seedling layer will include all plants less than 0.5 meter high. Twenty-five meter line intercept transects will be used for collection of cover data for the tree and shrub
layers. A 6-meter belt transect will be placed along each 25-meter transect to sample tree and
shrub density. Height measurements will be taken of each tree and shrub rooted within the
6-meter belt. Average height of vegetation layers will also be estimated. Photographic
documentation points will be established at one end of each transect and photographs will be taken
at each monitoring period. The data will be analyzed and reported at the end of the monitoring . year. . .
7.3 REPORTING
At the end of the year, the biological monitor will submit an annual report to the City of Carlsbad.
The report will include results of survival, percent cover, density, tree height and girth,
germination of seeded areas, and wildlife present. It will be the responsibility of the City of
Carlsbad to submit the reports to the appropriate resource agencies.
Annual reports will be submitted to the ACOE and other involved agencies. These reports will
assess growth and progress toward the final success criteria. Annual reports will include the
following information:
.
A list of names, titles, and companies of all persons who prepared the content of
the annual report and participated in monitoring activities for that year;
I A copy of ACOE permit, any attached Special Conditions, and any subsequent
letters of modification, as an appendix;
I Analysis of all quantitative monitoring data (success, failure, and remedial action).
Graph and table format is preferred;
W Cannon Road Extension Project City of Carlsbad, California
29
Conceptual Mitigation Plan for Reaches 1 and 2
S
Prints of all included monitoring photographs (colored photocopies are acceptable);
Maps identifying monitoring areas, transects, planting zones, etc., as appropriate
(see Appendix A for figure format information); and
* U Copies of all field data sheets shall be available for ACOE review upon request
(U.S. Army Corps of Engineers 1993).
..
8.0 COMPLETION OF MITIGATION
The mitigation effort will be completed when the City of Carlsbad notifies the ACOE and receives
written confirmation that the ACOE is. in agreement.
8.1 NOTIFICATION OF COMPLETION
When the initial monitoring period is complete and if the City considers the final success criteria
have been met, the 'City will notify the ACOE of completion in the final annual 'report..
8.2 CORPS CONFIRMATION
The City understands that following the receipt of the final annual monitoring report, the ACOE
may require a site visit to confirm the completion.
9.0 CONTINGENCY MEASURES
9.1 'INITIATING PROCEDURES
If the an annual performance criterion is not met for all or any portion of the mitigation project
in any year, or if the final success criteria are not met, the City will prepare an analysis of the.
cause or causes and, if determined necessary by the ACOE, will propose remedial action for
approval.
9.2 ALTERNATIVE LOCATIONS FOR CONTINGENCY MITIGATION
If mitigation efforts are not successful at the chosen area (Plate 1), mitigation may be
accomplished on other portions of the proposed site.
S
Cannon Road Extension Project City of Carlsbad, California
30 5 .
Conceptual Mitigation Plan for Reaches 1 and 2
9.3 FUNDING MECHANISMS
The funds available for the implementation of contingency measures have not been determined to
date. This information will appear in the Final Mitigation Plan or will be provided to the ACOE
prior to beginning work on the mitigation effort.
0 0
9.4 RESPONSIBLE PARTIES
S
The City of Carlsbad will have final responsibility for implementing, monitoring and contingency
efforts. The contractors who will be responsible to the City for these project components have
not been determined.
10.0 REFERENCES .
Aerial Fotobank, Inc.
1995 Aerial Photograph of the project area. Scale 1 inch = 200 feet. Negative Number
CVSD95-80xx. Flown February .2, 1995.
Bedish, J.W.
1967 Cattail Requirements and Their Significance to Marsh Management. American Midland Naturalist. Vol. 78. .
City of Carlsbad . .
1991 Map. Orthophoto Mapping. Scale, 1 inch = 100 feet. Flown September-October
1988.
Crosby, Mead, Benton and Associates . . .
1990 Personal Communication. Letter from Mr. A.W. Urquhart, P.E. with Crosby
Mead Benton and. Associates to Mr. Paul Webb, California' Coastal Commission. 10 May.
'Faber, P.A., E. Keller, A. Sands, and B.M. Massey
. 1989 The Ecology of Riparian Habitats of the Southern California Coastal Region:, a Community Profile. U.S. Fish and Wildlife Service Biology Report 85(7.27).
Holland, R.
1986 Preliminary Description of the Terrestrial Natural Communities of California. California Department of Fish and Game. SacramentO, California.
Poiani, K.A. and Johnson, C.W. 5
5
Effect of Hydroperiod on Seed'Bank Composition in Semi-Permanent Prairie Wetlands.
Canadian Journal of Botany. Vol. 67.
Cannon Road Extension Project
• • City of Carlsbad, California
31
Conceptual Müigation Plan for Reaches 1 and 2
U.S. Army Corps of Engineers
1993 Habitat Mitigation and Monitoring Guidelines. Los Angles District. 01 June.
1990 Draft Review thid Analysis of Drought Tolerance of Riparian and Esruarine
Species. Prepared by The Chambers Group. Los Angles District. October.
1987 Fulton: Las Coches Mitigation Area: A Case Study in Native Plant Revegeration
Los Angeles District.. Proceedings of the Second Native Plant Revegetation Symposium.
U.S. Fish and Wildlife Service
1992 Biological Opinion. Letter from J. D. Opdycks., U.S. Fish and Wildlife Service to
Col. Charles Thomas, U.S. Army Corps of Engineers. 07 April.
Woodward-Clyde Consultants
1990 Report of John Moossazadeh, Woodward-Clyde Consultants to Mr. W.
McCloskey. The Buie Corporation. 02 July.
- .
•••.
-. -
O Cannon Road Er:enswn Project
• Cüy of Carlsbad, California
• 32
Addendum to Conceptual Mitigation Plan
for Cannon Road Extension Project Reaches 1 and 2
Prepared by:
Tetra Tech, Inc. •
591 Camino de la Reina, Suite 640
San Diego, California 92108 •
• Prepared for:
•
• CITY OF CARLSBAD
Engineering Department
•
• 2075 Las Palmas Drive • •
Carlsbad, California 92009-1576
•,•
February 20, 1998 • •
(
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
TABLE OF CONTENTS (Cont'd)
6.0 MAINTENANCE DURING MONITORING PERIOD .........................25
6.1 REPLACEMENT OF DEAD OR DISEASED PLANT MATERIAL ........25
6.2 WEED CONTROL ................................................25
6.3 PRUNING AND STAKING ..........................................26
6.4 EROSION CONTROL .............................................26
6.5 SITE ACCESS ..................................................... 26
7.0 MONITORING PROGRAM ................................................27
7.1 HORTICULTURAL MONITORING ..................................27
7.2 BOTANICAL MONITORING ......................................27
7.3 REPORTING ....................................................28
8.0 COMPLETION OF MITIGATION ..........................................29
8.1 NOTIFICATION OF COMPLETION ...................................29
8.2 CORPS CONFIRMATION .........................................29
9.0 CONTINGENCY MEASURES ...........................................30
9.1 INITIATING PROCEDURES ........................................30 . 9.2 ALTERNATIVE LOCATIONS FOR CONTINGENCY MITIGATION ......30
9.3 FUNDING MECHANISMS ........................................30
9.4 RESPONSIBLE PARTIES .........................................30
10.0 REFERENCES ..........................................................31
List of Figures
Figure 1 Location of Sites A-D ..............................................17
Figure 2 Riparian Planting Design for 50' x 50' Cell ............................22
List of Tables
Table 3-1. Project Success Standards and Measures to be Taken if the
Standard is Not Met ...............................................11
Table 3-2 Plant Species Recommended for Cannon Road-Reaches I and 2
Willow Scrub Revegetation Site at Macario Canyon, Carlsbad .............13
Table 3-3 Mitigation Sites In Relation to Groundwater Levels ......................14
Table 3-4 Acreage of Proposed Mitigation Sites .................................14
Cannon Road Extension Project ii City of Carlsbad
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
be mitigated through replacement of disturbed vegetation onsite. Therefore, the mitigation ratio has
been increased and three new mitigation sites around the Agua Hedionda Lagoon watershed have
been added. In addition, the original, mitigation site in Macario Canyon detailed in the ConcepruOl
Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project (Tetra Tech,
1997) has been expanded. .
.1.1 PROJECT DESCRIPTION
1.1.1 Location of the Project
Reach 1 of Cannon Road would be located south of Agua Hedionda Lagoon between Interstate (I)-5
on the west and the proposed route of Faraday Avenue east of Macario Canyon (see Figures 1 and
2 in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension
Project). Reach 2 of Cannon Road extends from Faraday Avenue to El Camino Real. From its
interchange with 1-5, existing Cannon Road runs east about 1,000 feet, ending at LEGO Drive.
1.1.2 Overall Project Summary
The proposed Reach 1 of Cannon Road would extend from LEGO Drive onto the mesa above Agua
Hedionda Lagoon and traverse Macario Canyon near its confluence with the lagoon basin. Reach
1 of Cannon Road is proposed to cross .Macario Canyon on. a bridge and terminate on the eastern
canyon rim. Reach 1 was the subject of an Environmental Impact Report (EIR) certified on June 27.,
1989.
The proposed Reach 2 of Cannon Road begins on the eastern edge of Macario Canyon and travels
northeasterly to the intersection with El Camino Real' The project area is bounded by El Camino
Real to the north, College Avenue to the east, and Palomar Airport Road to the south. The proposed
intersection alignment is at the eastern end of the project site and would connect Cannon Road to
El Camino Real. This requires the construction of a bridge over Agua Hedionda Creek. Reach 2 of
Cannon Road was originally analyzed under the development proposal of the Kelly Ranch EIR.
Permits from the resource agencies were obtained for that project in the middle- to late- 1980s and
have since expired or are in suspense: These permits are currently being finalized.
Portions of the Kelly Ranch project were constructed, including grading for the alignment of Cannon
Road Reach 2 easterly of the Macario Canyon bridge. The width of the proposed Cannon Road
Reach 2 was cleared, graded, and all improvements for drainages, including desiltation basins, were
completed. Within the Cannon Road right-of-way, a surcharge and a temporary berm were placed
on top of the intended future road. The current proposed project would finish the intended grading
(which would include the removal of the surcharge and the berm), resulting in 'the ultimate
construction of the road. The Cannon Road Reach 2 project will generally be constructed according
to the original grading and design plans with two exceptions. A slight modification has been made
.18 Cannon Road Extension Project . City of Carlsbad, California
2
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
Southern willow scrub
Reach 1
Reach 2
Brackish marsh
Reach 1
Disturbed riparian scrub
Reach 2
Open water
Reach 2
Total
1.0 acre (direct impact)
0.8 acre (shading impact)
0.46 acre (direct impact)
0.01 acre (direct impact)
0.10 acre (shading impact)
0.13 acre (direct impact)
0.14 acre (direct impact)
2.64 acres
In addition, 0.68 acre of riparian vegetation would be subject to temporary disturbance.
1.1.5 Types, Functions, and Values of the Jurisdictional Areas to be Directly or Indirectly
Impacted
Types
The existing plant communities identified within the project area include open water, brackish
marsh, disturbed riparian scrub, and southern willow scrub. The southern willow scrub onsite occurs
along Macario Canyon Creek and Agua Hedionda Creek. Common native species include arroyo
willow (Salix lasiolepis), black willow (Sal ix gooddingii), and mulefat (Baccharis salictfolia). This
habitat primarily occurs in loose, sandy, or fine gravely alluvium deposited near stream channels.
Brackish marsh occurs in areas which support both saltmarsh and freshwater plant species, and
therefore, often occurs at the mouth of canyons near lagoons. Common native species within this
habitat include pickleweed (Salicornia virginica), brassbuttons (Cotula coronopfolià), sedge (Carex
sp.), rush (Juncus sp.), cattail (Typha sp.), and salt-grass (Distichlis spicara).
The disturbed riparian scrub onsite is dominated by mulefat, coastal isocoma (isocoma veneta), and
coyote bush (Baccharispilularis). This habitat occurs within the study area in the large basin at the
western end of the project and at the eastern end of the project on the north side of the creek. The
disturbed riparian scrub habitat at the eastern end of the site is located within the right-Of-way
Cannon Road Extension Project ' City of Carlsbad, California
4
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
Where the velocity of flowing water is reduced, sedimentation generally increases. Deposited
sediments are "banked" until resuspended and transported away from the site. The binding action
of the roots of southern willow scrub vegetation is expected-to enhance sediment stabilization where
this habitat occurs. Marsh habitat also binds sediment with a substantial root system and may
increase sediment deposition during low to moderate flows. The transportation of sediments into
Agua Hedionda Lagoon is in part controlled by these riparian habitat functions. Sediments also
provide substrate for riparian and wetland vegetation along the unnamed stream.
The value of the affected habitat for moderation of stream transported sedimentation to Agua
Hedionda Lagoon is rated as low to moderate due to the small size of the affected area. The high
value of the lagoon habitat is the primary reason for including the moderate designation. The
relatively small amount of sediment that is deposited within the unnamed creek and its adjacent
floodplain is of high value in the context of the riparian community.
Both southern willow scrub and marsh vegetation shade water that flows through them and may
moderate or reduce water temperatures. Water temperature is an important habitat characteristic for
aquatic fauna. Faber, et. a! (1989) indicates that water temperature affects numerous stream
functions including processing of organic matter, chemical reactions and concentrations, metabolic
rates of stream invertebrates, and cues for life-cycle events. Shading may prevent summer water
temperatures from reaching lethal levels for fish and invertebrates. Stream shading by the affected
habitats is therefore expected to enhance habitat characteristics for both in-stream and benthic fauna.
The value of stream shading provided by the affected habitat is considered high for the reaches of
Macario Canyon and Agua Hedionda Creek between the project area and Agua Hedionda Lagoon.
The large volume of water in Agua Hedionda Lagoon is likely to greatly dilute the thermal
contribution of this stream and, in this context, stream shading is expected to have a low value.
Habitat
The affected waters and wetlands also provide habitat functions and values for wildlife. Potentially
affected wildlife includes two species listed as endangered by the USFWS.
Least Bell's vireo ( Vireo bellipusillus), occurs in the affected southern willow scrub habitat within
Reach 1 and 2. This species is dependent on riparian forest, woodland, and scrub habitats in
southern California. Two male willow flycatchers (Empidonax traillii ssp.) were observed in
southern willow scrub habitat adjacent to Reach 1 in Spring, 1996 and 1997. These birds were not
observed during subsequent surveys conducted late in each of the breeding seasons, and were
probably migrants moving through the area. Southwest willow flycatchers (Empidonax traillii
extimus) may occasionally use the affected southern willow scrub habitat. No other species listed
as threatened or endangered by the USFWS are known to occur in the affected reaches.
Cannon Road Extension Project City of Carlsbad, California
6
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
No hunting, fishing, or other consumptive uses are known to occur within the affected waters and
wetlands. A moderate value level is assigned to the recreational uses/public access functions of the
site.
nnon Road Extension Project City of Carlsbad, California
8
d, California
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
Brackish marsh 0.01 acre (direct impact) @ 3:1 = 0.03 acre
0J1 acre (shading impact) @ 1:1 = QJi acre•
Sub-total Reach 1' 1.91 acres 3.93 acres
(3.80 acres of southern willow scrub and 0.13 acre of brackish marsh)
• Reach
Disturbed riparian scrub 0.13 acre (direct impact) @ 3:1 = 0.39 acre
Southern willow scrub 0.46 acre (direct impact) @ 3:1 = 1.38 acres
Open water 0.14 acre (direct impact) @ 1:1 = Q.JA acre
Sub-total Reach 2 0.73 acre 1.91 acres
(1.77 acres of southern willow scrub and 0.14 acre of open water)
r Total. 2.64 acres of impacts mitigated by 5.84 acres of wetlands creation
(5.57 acres of southern willow scrub, 0.13 acre of brackish marsh and 0. 14 acre of
open water)
In addition, the 0.68 acre of riparian vegetation subject to temporary disturbance would be replaced
in kind through revegetation of the temporarily disturbed areas. •
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
3.1 TARGET FUNCTIONS AND VALUES
It is anticipated that the functions and values of the proposed mitigation areas will b increased. The
proposed mitigation, along with the mitigation already approved for the project, will result in an
increase in habitat acreage and value in the general area. The proposed plant palettes provide
opportunities for a higher diversity of riparian trees and shrubs than currently occur in the affected
habitats.
Southern willow scrub is an early successional phase of more complex riparian woodlands and
forests (Holland, 1986). This vegetation type generally becomes established after severe scouring
events create the open, moist, mineral-based substrate typically required for willow germination
Taber et. al, 1989). During its first 15 to 20 years of growth, it may have a lower species diversity
than more successionally advanced riparian woodlands. The plant palette for this target vegetation
includes tree, shrub, and understory species that are anticipated to provide resources not available
in the affected wetlands (Table 3-2). The inclusion of taller growing trees is expected' to produce
habitat with enhanced structural diversity. As succession proceeds, this habitat is expected to,
become southern cottonwood willow riparian forest..
3.2 TARGET HYDROLOGICAL REGIME
The target hydrological regime is similar to that present on the affected areas. The majority of the
hydrological functions are generated at the scale of the streams' watershed rather than within the
proposed mitigation area. The source of water will remain seasonal runoff and groundwater
discharge. Seasonal flooding will occur at similar rates and periodicities. The flow direction will
remain substantially the same and the size of the watershed is not expected to change significantly.
Water quality and sediment transport functions are also expected to be similar to the affected
habitats.
An additional hydrologic function that can be influenced by project design is the depth to
groundwater (DTG). The ACOE (1990) has indicated that the optimal DTG for willows and
cottonwoods is thought not to exceed 6 feet. Mulefat grows where DTG is between 0 and 10. feet.
The preferred DTG or depth of inundation for the dominant plant species will be an important factor
in determining the final elevation of grading in the target habitats. The willow riparian scrub habitat
should have a depth of no greater than 6 feet and should slope gradually upward toward the edge.
This will provide the variety of inundation depths required for the recommended palette species.
Cannon Road Extension Project City of Carlsbad, California
12
Addendum to Conceptual Mitigation Plan for Reaches I and 2
Table 3-3
Mitigation Sites In Relation to'Groundwater Levels
Site
Number
, Current Elevation
(Feet above Mean Sea Level)
Excavation
Required
A Described in Original Plan Yes
B ' 30-40 Yes
C 28-36 Yes
D - 14-18 ' Yes
3.3 TARGET JURISDICTIONAL ACREAGE TO BE CREATED/ENHANCED
The mitigation proposed in this addendum includes four sites totaling 3.03 acres. The acreage for
each site is shown in Table 3-4. With the original 3.31 acres (at Site A) in the Conceptual Wetlands
Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project (Tetra Tech, '1997), the.
total mitigation acreage proposed is 6.34 acres, consisting of 6.07 acres of southern willow scrub,
0.13 acre of brackish marsh, and 0.14 acre of open water. This exceeds the total mitigation acreage
required by the California Coastal Commission of 5.84 acres, consisting of 5.57 acres of southern
willow scrub, 0.13 acre of brackish marsh, and 0.14 acre of open water by 0.5 acre.
Table 3-4
Acreage of Proposed Mitigation Sites
Site Number ' Number of Acres
A (extension only) 0.79 (extension only)
B 0.44
C , 1.30
D ' 0.50
Cannon Cannon Road Extension Project City of Carlsbad, California
14
,
.10
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2 -
. 0 43 EXISTING FUNCTIONS AND VALUES OF THE MITIGATION SITES 5
The proposed mitigation sites were selected from several candidate areas in the general Agua
Hedionda Lagoon vicinity. The proposed sites, when combined with the already approved
mitigation area, will provide the more than the required additional 2.06 acres of riparian mitigation
that is identified by the CCC in their Revisions to Staff Report and Preliminary Recommendation
dated 1/21/98 (CCC, 1998).
0
The existing functions associated with the proposed mitigation sites are minimal due to their
disturbed nature. The eucalyptus trees on Site C may provide raptor roosting perches. However,
there are other eucalyptus trees located closer to the lagoon which likely are used by roosting raptors.
The disturbed land may provide some habitat for small mammals and foraging area for raptors. The
value of these functions to wildlife is relatively low.
4.4 PRESENT AND PROPOSED USES OF THE MITIGATION SITES 0,
The proposed use of the four mitigation sites is for wildlife and passive open space uses within Agua
Hedionda Lagoon and adjacent Preserve. The sites are surrounded by land that will be permanent
open space and which will provide a large diversified habitat area.
4.5 ZONING
L
Lands on and adjacent to the proposed mitigation sites are zoned Open Space. The Carlsbad General
Plan designates these lands for Open Space.
Cannon Road Extension Project City of Carlsbad, California
16
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
Figure 1 BACK UP for double-sided copy
Location of Sites A-D (O'Day Consultants) 8.5 x 11
FA
Cannon Road Extension Project City of Carlsbad, California
18
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2.
Optimally, site preparation should begin in mid-September or as soon as the least Bell's vireo is not
present. This allows the project to take advantage of any rainfall during the winter and spring
months. Planting during this season also allows the plants to become established prior to heavy
rainfall and possible flooding. All trash will be removed from the mitigation sites prior to weeding
and subsequent planting and seeding. If available hydrology information indicates that the chosen
sites are likely to be flooded, the final plan will include measures designed to moderate the velocity
of water crossing the revegetation area. If such measures are not feasible, the possibility exists that
replanting after a flood may be necessary.
The success of revegetation efforts can be enhanced by providing an inoculum of mychorizal fungi.
This may be accomplished by obtaining leaf litter and surface soils from existing riparian habitat
with-similar soil chemistry. It is recommended that inoculum be obtained from the affected waters
and wetlands and/or riparian habitat adjacent to the revegetation area. Inoculum should only be
taken from areas free of invasive weed species.
5.4 PLANTING PLAN
The proposed revegetation sites are upstream of Agua Hedionda Lagoon. Tree species to be used
include: black willow, arroyo willow, Fremont cottonwood (Populus fremontii), and western
sycamore (Platanus racemosa). Shrub species include: mulefat, sandbar willow (Salix hindsiana),
wild rose (Rosa cailfornica), California blackberry (Rubus ursinus), winter current (Ribes
indecorum), Mexican elderberry (Sambucus mexicana), and wild grape ( Vitis girdiana). Additional
species that would be seeded onto the sites include yerba mansa (Anemopsis calfornica), mugwort
(Artemisia douglasiana), tarragon (Artemisia dracunculus), brass buttons (Cotula coronopfolia),
yellow sweet clover (Melilotus officinalis), marsh fleabane (Pluchea odorata), California goldenrod
(Solidago calfornica), and foxtail fescue (Festuca megalura).
Plant Palettes
The plant palette to be * used in the revegetation of southern willow scrub will consist of a
combination of container plants and seed. Table 3-2 provides recommended plants and seeds The
availability of these species should be confirmed-.with a native plant nursery and seed supplier prior
to completion of the final landscape drawings. If required, changes in the plant palette will be
reviewed by the monitoring biologist. Changes to the plant palette will be consistent with the overall
intent of the mitigation design and must include species native to southern California riparian
systems.
Plant material will be purchased from reputable nurseries specializing in native species. In addition,
the seed stock will be purchased from a company which continuously collects seeds of appropriate
species in southern California. If the nurseries or seed companies do not have stock on hand, onsite
collection may occur in the affected habitat. In addition, treatment of edge areas (described below).
Cannon Road Extension Project City, of Carlsbad, California
20
F
rA
AM Overstory Container Plants
Salix goodingii Black Willow
Sali.x lasiolepis Arroyo Willow
Populusfremontii Fremont Cottonwood
Platanus racemosa Western Sycamore
Baccharis salicifolia Mulefat
Salixexigua Sandbar Willow
B M Understory Container Plants
Rosa ca1fornica Wild Rose
Sambucus inexicana Mexican Elderberry
Vitis girdiana Wild Grape
Rubus ursinus California Blackberry
Ribes indecorum Winter Current
C k:1 Understory hydroseed
Anemopsis ca1fornica Yerba mansa
Artemisia douglasiana Mugwort
Arremisia dracunculus Tarragon
Cotula coronopifolia Brass Buttons
MeliOtus officinalis Yellow Sweet Clover
Pluchea odoràta March Fleabane
Solidago caljfornica California Goldenrod
Fésiuca megalura Foxtail fescue
I1!;J
Riparian Planting Design for 50'x 50' Cell
TETRA TECH INC.
S
Figure 2
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
decompaction and surface treatment (such as ripping, if needed). Revegetation techniques, including
hydroseeding, plant palettes, numbers and groupings, will follow those described in the Conceptual
Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project (Tetra Tech,
1997) and above, depnding upon the vegetation type temporarily disturbed. Also, all disturbed or
manufactured steep slope areas, including the fill structure on the east side of Macarlo Canyon, will
be hydroseeded with a coastal sage scrub mix (identical to that previously used for the initial berm
along the graded, unpaved Cannon Road). The resultant native vegetation will be compatable with
adjacent natural vegetation and will re-establish the area consistent with its present character.
11
Cannon Road Extension Project - City of Carlsbad, California
24
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
Weed abatement techniques will vary depending on species; Small shrubs should be removed by
hand; however,- the size of the plant will determine the feasibility of complete removal. If plants are
too large to dig out by the roots, they can be cut back at the base, then the cut base can be painted
with an appropriate herbicide as recommended by the biological monitor.
6.3 PRUNING AND STAKING
No pruning or leaf litter removal will take place within the mitigation site since the goal is to create
natural habitat functions. Therefore, dead branches will be left on the shrubs and trees and leaf litter
and fallen branches will not be cleared away from the planting. Pruning may be done only if
required for insect and/or disease control. Trees in 15-gallon or larger containers should be staked.
6.4 EROSION CONTROL
An erosion control stock will be included in the hydroseed mix. This species should bean annual,
fast growing species which does not readily re-seed. The native seed company will be able to
provide recommendations for such a crop. The correct species should provide erosion control during
the first year. This will allow the native seed to germinate and develop the following year. Native
vegetation will provide erosion control for the remainder of the monitoring period.
6.5 SITE ACCESS
Measures to prevent off-road vehicles ingress into the sites will be included in the final plan.
Maintenance crews and the biological monitor will be responsible for reporting vandalism and
trespassing to the City. Barrier plants such as blackberry and rose could be used to form a natural
buffer to reduce human intrusion into the area.
Cannon Road Extension Project City of Carlsbad, California
0 0
, ' 26
Addendum to Conceptual Mitigation Plan for Reaches 1 and 2
meter, belt transect will be placed along each 25-meter transect to sample tree and shrub density.
Height measurements will be taken of each tree and shrub rooted within the 6-meter belt. Average
height of vegetatiOn layers will also be estimated. Photographic documentation points will be
established at one end of each transect and photographs will be taken during each monitoring period.
The data will be analyzed and reported at the end of the monitoring year.
7.3 REPORTING
At the end of the year, the biological monitor will submit an annual report to the City of Carlsbad
The report will include results of survival, percent cover, density, tree height and girth, germination
of seeded areas, and wildlife present. It will be the responsibility of the City of Carlsbad to submit
the reports to the appropriate resource agencies.'
Annual reports will be submitted to the ACOE and other involved agencies. These reports will
assess growth and progress toward the final success criteria. Annual reports will include the
following information:
A list of names, titles, and companies of all persons who prepared the content of the
annual report and participated in monitoring activities for that year;
U A copy of the ACOE permit, any attached Special Conditions, and any subsequent
letters of modification, as an appendix;
Analysis of all quantitative monitoring data (success, failure, and remedial action)
Graph and table format is preferred; S
Prints of all included monitoring photographs (colored photocopies are acceptable);
U Maps identifying monitoring areas, transects, planting zones, etc., as appropriate; and
Copies of all field data sheets shall be available for ACOE review upon request (U.S.
Army Corps of Engineers, 1993)
Cannon Road Extension Project City of Carlsbad, California
28
Addendum to Conceptual Mitigation Plan for Reaches .1 and 2
9.0 CONTINGENCY MEASURES
9.1 INITIATING PROCEDURES
If an annual performance criterion is not met for all or any portion of the mitigation project in any
year, or if the final success criteria are not met, the City will prepare an analysis of the cause or
causes and, if determined necessary by the ACOE, will propose remedial action for approval.
9.2 ALTERNATIVE LOCATIONS FOR CONTINGENCY MITIGATION
If mitigation efforts are not successful at the four sites, additional mitigation sites may have to be
identified and planted.
9.3 FUNDING MECHANISMS -
The funds available for the implementation of contingency measures have not been determined to
date. This information will appear in the Final Mitigation Plan or. will be provided to the ACOE
prior to beginning work on the mitigation effort.
9.4 RESPONSIBLE PARTIES
The City of Carlsbad will have final responsibility for implementing, monitoring and contingency
efforts. The contractors who will be responsible to the City for these project components have not .
been determined.
Cannon Road Extension Project . City of Carlsbad, California
30 .
Addendum to Conceptual Mitigation Plan for Reaches 1 'and 2
10.0 REFERENCES (Cont'd)
Tetra Tech, Inc.
1997 Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road
Extension Project. January.
U.S. Army Corps of Engineers
1993 Habitat Mitigation and Monitoring Guidelines. Los Angles District. 01 June.
1990 Draft Review and Analysis ofDrought Tolerance ofRiparian and Estuarine Species.
Prepared by The Chambers Group. Los Angles District. October.
1987 Fulton: Las Coches Mitigation Area: A Case Study in Native Plant Revegetation Los
Angeles District. Proceedings of the Second Native Plant Revegetation Symposium.
U.S. Fish and Wildlife Service
1997 Biological Opinion. Letter from Gail Kobetich, U.S. Fish and Wildlife Service to Col.
Robert Davis, U.S. Army Corps of Engineers. 08 October.
Woodward-Clyde Consultants '
1990 Report of John Moossazadeh, Woodward-Clyde Consultants to.Mr. W. McCloskey.
The Buie Corporation. 02 July. '
Cannon Road Extension Project City of Carlsbad, California
32
U.S. PE WU.DWE United States Department of the Interior
FISH AND WILDLIFE SERVICE Ecological Services
Carlsbad Field Office
2730 Loker Avenue West
Carlsbad, California 92008
OCT o81997
Colonel Robert L. Davis, District Engineer
U.S. Army Corps of Engineers, Los Angeles District
P.O. Box 2711
Los Angeles, CA 90053-2325
Attn: Terry Dean, Regulatory Branch
Re: Biological Opinion on the Cannon Road (Reaches 1 and 2) Permit Application No. 97-
20130-lCD and 97-2013 1-lCD, City of Carlsbad, California (1-6-97-F-51)
Dear Colonel Davis:
This Biological Opinion responds to your request for formal consultation with the U.S. Fish and
Wildlife Service (Service) pursuant to section 7 of the Endangered Species Act of 1973, as
amended (Act). Your request for consultation was dated April 17, 1997 and received by the
Service on April 29, 1997. At issue are the impacts that the proposed U.S. Army Corps of
Engineers (Corps) Cannon Road extension (project) may have on the federally endangered least
Bell's vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonax traillii extimus), arroyo southwestern toad (Bufo microscaphus californicus), Pacific pocket mouse (Perogna:hus ion gimembris paczficus), and Del Mar manzarnta (Arctostaphylos glandulosa spp. crassifolia)
and the federally threatened coastal California gnatcatcher (Polloptila californica californica).
Surveys for the Pacific pocket mouse have been completed within Reaches I and 2 of the project
area. According to the Pacific pocket mouse assessment Cannon Road, Reach 1, City of
Carlsbad, California, prepared by Tetra Tech, Inc. and dated September 13, 1996 and the Results ofafield check for Pacific pocket mouse. habitat along the proposed alignment of Cannon Road
and the mouth of Macario Canyon in the City of Carlsbad, prepared by SJM Biological Consultants and dated July 29, 1997, suitable habitat is present for this species, however this
species was not detected during surveys. Therefore, the proposed project is not expected to
impact the Pacific pocket mouse. According to Tetra Tech, Inc. (unpublished data), surveys for
the arroyo southwestern toad were conducted in the project area, but none were detected.
Additionally, Bill Haas of Varanus Biological Services, inc. (pers. comm.), characterized the
habitats in the project site as unsuitable for this species. Impacts and incidental take of the
federally threatened coastal California gnatcatcher are concurrently being addressed by the
Service and City of Carlsbad (City) in the context of a special rule pursuant to section 4(d) of the
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Colonel Robert L. Davis (1-6. F-51)
Act. Based on the above findings, this Biological Opinion will not consider the Pacific pocket
mouse, arroyo southwestern toad, or coastal California gnatcatcher further.
The following sources of information were used to develop this Biological Opinion: 1) the
Corps Public Notice (No. 97-20130-TCD and 97-20131-TCD) for the proposed issuance of a
permit under section 404 of the Clean Water Act, dated April 16, 1997; 2) the Final
Environmental Impact Report for Reach] of Cannon Road, prepared by RECON and dated
March 21, 1989 (RECON 1989); 3), the Cannon Road Reach 1 Army Corps of Engineers 404
permit application, dated February 13, 1997; 4) the Cannon Road Reach 2 Army Corps of
Engineers 404 permit application, dated February 13, 1997; 5) the Biotechñical Report for
Cannon Road Reach 2, prepared by Tea Tech, Inc. and dated January 1996 (Tetra Tech, Inc.
1996a), 6) the Pacific pocket mouse assessment Cannon Road, Reach 1, City of Carlsbad,
California, prepared by Tetra Tech, Inc. and dated September 13, 1996; 7) The July 31, 1997
facsimile received by the Service regarding the Results of afield checkfor Pacific pocket mouse
habitat along the proposed alignment of Cannon Road and the mouth of Macario Canyon in the
City of Carlsbad, prepared by SJM Biological Consultants and dated July 29, 1997; 8) the July
22, 1997 facsimile received by the Service regarding preliminary results, endangered species
field surveys at Cannon Road, City of Carlsbad, San Diego County, California (Tetra Tech, Inc.,
unpublished data), 9) the July 14, 1997 facsimile received by the Service regarding Kelly Ranch
least Bell's vireo locations resulting from biological surveys conducted by Varanus Biological
Services, Inc. (Varanus Biological Services, Inc., unpublished data); 10) the letter from the City,
dated February 6. 1997, regarding the Summary of circumstances pertaining to the City of
Carlsbad project number 3184-Cannon Road West USACQE permit number 92-194-EW and 85-
137-AA; 11) the letter from the City, dated June 23,, 1997, regarding interim Habitat Loss
Permits for Cannon Road West Reaches 1 and 2; city of Carlsbad Project No. 3184; 12) the Service's Biological Opinion.(1-6-92-F-31) to the City, dated April 7, 1992; 13) the letter from
the City, dated August 12, 1997, regarding Draft Biological Opinion on the Cannon Road
(Reaches] and 2) Permit Application No 97-20130-TCD and 97-2013]-TCD), City of Carlsbad
California (1-6-97-F-51); 14) the letter from Tetra Tech, Inc. to the City, dated April 18, 1997
regarding A survey for Del Mar manzanita shrubs in Cannon Road Reach 1; 15) the letter from
Terra Tech, Inc. to the City, dated April 18, 1997 regarding Survey to delineate wetland and
riparian areas that may be affected by the construction of Cannon Road Reach 1 project; 16) the letter from the City, dated August 20, 1997, regarding Draft Biological Opinion on the Cannon
Road (Reaches 1 and 2) Permit Application No 97-20130-it'D and 97-20131-TCD,), City of
Carlsbad California (1-6-97-F-51) Follow-up to August 12, 1997 Letter; 17) the letter from the
City, dated September 11, 1997 regarding 31 84-Cannon Road West Draft Biological Opinion
Application No. 97-20130-TCD and 97-2013 1 -TCD, City of Carlsbad California (l-6-97-F-51);
18) the letter from the Center for Natural Lands Management to the City, dated August 4, 1997
regarding Agua Hedionda Lagoon Property Analysis Record (PAR-P036); 19) meetings held
between the Corps, Service, California Department of Fish and Game (Department), California
Coastal Commission, and the City; 20) references cited in this Biological Opinion; and 21)
information contained in Service files.
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Colonel Robert L. Davis (l-( •-F-51) 3,,
It is the opinion of the Service that the proposed project is not likely to jeopardize the continued'
existence of the least Bell's vireo, southwestern willow flycatcher, and Del Mar manzanita.
Critical habitat has been designated for the least Bell's vireo and for the southwestern willow ,
flycatcher, however the project site does not occur within designated critical habitat for these
species. Therefore, the proposed project will not adversely modify designated critical habitat for
these species.
DESCRIPTION OF THE PROPOSED ACTION
The proposed action. involves the construction of a four-lane major road (Cannon Road) between
Interstate 5 and El Camino Real, as part of the Cannon Road improvement Project, and consists
of Reaches 1 and 2, located on the south side of Agua Hedionda Lagoon in the City of Carlsbad,
California (Attachment 1). The project extends a total distance of 1.54 miles, spans a width of•
102 feet, and encompasses a combined area of approximately 19.08 acres. Within the 102-foot
wide right-of-way, the following project elements will be constructed for each of two directions
of travel: two, '12-foot wide lanes, an 8-foot wide bicycle lane, a 5-foot wide sidewalk, a 4.5-foot
wide parkway, curbs, gutters, streetlights, signage, striping, and drainage facilities. The
proposed project also includes an 18-foot wide landscaped median between the two directions of
travel, a bridge spanning over Agua Hedionda Creek, and a bridge spanning over Macario*
Canyon and its unnamed creek. The applicant is the City and their consultants (Tetra Tech, Inc.).
Cannon Road Reach 1 extends 3,450 feet in an east-west direction between LEGO Drive
(formerly Armada Drive) and Macario Canyon, and encompasses a total of 8.1 acres within its
right-of-way. Included in this Reach is the construction of a bridge spanning over Macario"
Canyon and its unnamed, creek. The proposed 'bridge crossing was previously addressed in
Biological Opinion (1-6-92-F-34), dated April 7, 1992. The Biological Opinion discussed the
effects of the Cannon Road Reach I project on the endangered least Bell's vireo. The project"
was also addressed in a previous Corps permit (92-201 94-EW) which has expired.
The proposed Cannon Road Reach I bridge, spanning over Macario Canyon and its unnamed
creek would be approximately 450 feet in length with separated bridges for each direction of
travel. Four piers would. be placed in existing wetlands for each bridge, and cement abutments
would be placed partially down the slopes immediately -below the bridge on either side of Macario Canyon. According to the City's Application to the Corps for Reach 1, dated February
13, 1997, the proposed sewer line and associated dirt access road that was outlined in the Final Environmental Impact Report for Reach] of Cannon Road in the City of Carlsbad (EIR 87-2), dated March 21, 1989 (FEIR) (RECON 1989) is no longer part of the action. No improvements
to the unnamed creek in Macario Canyon are required. According to the letter to the City from
Tetra Tech, Inc. dated August 18, 1997 and the San Diego Gas and Electric Encina East Property.
Vegetation and Cannon Road Easement Map, dated May 7, 1997, an additional 0.47 acre of
southern willow scrub and an undetermined acreage of freshwater marsh occurs immediately'
- adjacent to the Cannon Road, Reach 1 right-of-way, approximately 1,200 feet south of the Reach
I bridge.
Cannon Road Reach 2 extends 4,700 feet in a northeastsouthwest direction between'El Caminô
Real and the eastern edge of Macario Canyon, parallels the southern slope above Agua Hedionda
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Colonel Robert L. Davis (1-f -F-51) 4
Lagoon, and encompasses a total of 11 acres within its right-of-way. Reach 2 of the project was
subject to a previous Corps permit (No. 85-20137-AA) issued to Kelly Ranch, which has since
expired. Grading and placement of surcharge soil was performed under this permit between
August 27, 1985 and November 14, 1985. Least Bell's vireo became federally listed as
endangered on May 2, 1986, subsequent to the original grading, and therefore no Biological
Opinion was prepared for effects of the previous action in Reach 2 to this species.
Reaches I and 2 were most recently addressed in Corps Public Notice Numbers. 97-20130-TCD
and 97-20131-TCD respectively, dated April 16, 1997. The Corps is the lead federal agency in
coordinating the preparation of environmental documents associated with the above referenced
action. The proposed action is more completely described within the Final Environmental
Impact Report for Reach 1 of Cannon Road in the City of Carlsbad (RECON 1989).
The proposed action in Reach 2 consists of excavating approximately one to two feet of fill
material (26,500 cubic yards) from the top of the previously graded surcharge area, constructing
a four-lane major road, and constructing a bridge, spanning over Agua Hedionda Creek and
immediately east of El Camino Real. The Reach 2 bridge, spanning over Agua Hedionda Creek
would be 100 feet wide, and consist of a 130-foot long, cast-in-place concrete slab, two bridge
abutments, and two piers. Construction of the bridge abutments in and adjacent to wetlands and
waters of the U.S. would result in consolidation of alluvial soils in the immediate vicinity of each
abutment. Consolidation would result in "squeezing out" excess water from the soil. The excess
water would be brought to the surface by use of prefabricated, vertical drains that have a plastic
or gravel internal layer wrapped in filter fabric. Vertical drains would be connected to horizontal
drains that would transport the excess water to a drain around the perimeter of the embankment
and directed to a desilting basin. This is not expected to cause a draw down of the alluvial
aquifer. The water going to the desilting basin should have a very low sediment content since the
vertical drains will be wrapped with filter fabric. Peak flows from the perimeter drain will be at a
maximum of 0.1 gallons per minute per lineal foot of embankment perimeter. No temporary.
impacts will occur outside of the 102-foot wide right-of-way.
For the purpose of the Service's analysis and Biological Opinion, the action area is considered to
encompass the riparian, freshwater marsh, saltwater marsh, brackish marsh, and open water
habitats occurring in the Agua Hedionda Creek floodplain immediately to the north and
paralleling the 1.54 mile length of Reaches 1 and 2 (approximately 186 acres), the eastern
portion of the "inner" lagoon area of Agua Hedionda Lagoon (approximately 40 acres), and the
riparian habitat extending 3,500 feet upstream of the Reach 1 bridge, spanning Macario Canyon
and its unnamed creek (approximately 28 acres), and all coastal sage scrub and maritime
chaparral within the project boundary. The project contains mitigation measures that will be•
implemented as part of the proposed action. These measures are described in the following
documents: FEIR (EIR 87-2), dated March 21, 1989; Revised Macario Canyon Bridge
Revegeration Plan, dated August 8, 1989; Maintenance and Monitoring Program for the Cannon
Road Reach 1 Mitigation Plan, dated June 1990; Macario Canyon Bridge least Bell's Vireo
Summary (undated); a December 12, 1991 summary letter regarding Cannon Road Reach 1
- Section 7 Negotiation, the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the
Cannon Road Extension Project, dated January 1997, Appendix A in the Corps 404 permit application for Cannon Road Reach 1, dated February 13, 1997; and Appendix A in the Corps
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Colonel Robert L. Davis (l-( '-F-51) 5
404 permit application for Cannon Road Reach 2, dated February 13, 1997. Mitigation . measures were also discussed and agreed upon during the June 24, 1997 and July 8, 1997
meetings between the Service and the City and Corps. A summary of these measures are listed
below, and will be implemented as part of the proposed action in order to avoid or otherwise
minimize potential adverse effects of the action on listed species:
Impacts to 3.31 acres of wetlands, represented by 2.48 acres of southern willow riparian and
0.10 acre of brackish marsh wetland (total of 2.58 acres) associated with Reach 1 and 0.59 acres of southern willow riparian and 0.14 acre of open water (total of 0.73 acre) associated
with Reach 2, will be mitigated at a 1:1 ratio offsite. The offsite wetland mitigation will
consist of excavating existing agricultural lands adjacent to existing wetlands within Macario
Canyon, upstream of the Macario Canyon bridge site, for the purpose of restoring wetland
hydrology and creating riparian habitat (Attachment 2). Success criteria is intended to be met
within one year of initiating creation, and includes structural, composition, and density of
plant species, as described in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2
of the Cannon Road Extension Project, dated January 1997 and other documents and
meetings referenced above.
The riparian mitigation site will be maintained and monitored for a five year period to
commence at the end of the initial planting effort. Maintenance and monitoring of the
restoration site would be performed four times during the first year, two times during the
second year, and once per year for three subsequent years. A detailed description is provided
in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road
Extension Project, dated January 1997.
The riparian mitigation site will receive irrigation for at least one year. As agreed upon by
the City and the Service during the July 8, 1997 meeting, after one year, the need to continue
irrigation will be evaluated based on the overall survival and vigor of the planted material.
This measure is discussed within the Conceptual Wetlands Mitigation Plan for Reaches I
and of the Cannon Road Extension Project, dated January 1997.
The riparian mitigation site will include a 100 foot wide band of upland habitat buffering the
riparian and wetland habitats in perpetuity. During the June 24, 1997 meeting between
representatives from the Service and the City, the City agreed to limit active park uses inside
the upland buffer.
Temporary impacts to riparian and brackish marsh vegetation resulting from construction of
haul roads, stockpile and staging areas, work areas extending 150 feet from the outside edge
of the Reach 1, Macario Canyon bridge, and construction and fill activities adjacent to
riparian vegetation and wetlands located 1,200 feet southwest of the Reach I bridge will be
mitigated by revegetating and restoring the impact area to the original condition before
disturbance. Revegetation will include remedial work such as decompaction and surface
treatment of the ground and restoration of natural contours. The revegetation area would be
monitored for a period of three years. This measure is further discussed on pages 28-30A of
the Final Environmental Impact Report for Reach I of Cannon Road in the City of Carlsbad
(EIR 87-2), dated March 21, 1989.
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Colonel Robert L. Davis (1. 7-F-51) . 6. Impacts to occupied least Bells vireo habitat north of and parallel to Reach 2 would be
reduced by the application of a "tire-noise reducing" close-grade asphalt during the
construction and maintenance of the road surface. This mitigation measure was mutually
agreed to by the City and the Service at the July 8, 1997 meeting on the project.
7. Indirect impacts to least Bell's vireo and southwestern willow flycatcher from vehicle noise
and light levels along 2,000 feet of Cannon Road adjacent to Agua Hedionda Creek will be
compensated for by contributing $150,000 (12.4% of a total $1.2 million endowment)
referenced in the Property Analysis Record (P.A.R.) (Attachment 3) and prepared by the
Center for Natural Lands Management. The City would also fund any outstanding start-up
costs described in the P.A.R. that have not been funded by the time of commencement of the
construction of the proposed Cannon Road, Reaches .1 and 2. The P.A.R. determined the
type and cost of wildlife management practices (including brown-headed cowbird trapping,
non-native plant control, human and equestrian access restrictions, and trash cleanup) in
perpetuity in 186 acres riparian habitat located in the Agua Hedionda Creek floodplain, on
the Kelly Ranch property, and immediately adjacent to the project. This 186-acre site was
part of a mitigation package approved under the original Corps permit and has a 22-year
irrevocable offer to the Department in fee title. This compensation measure is further
discussed in the letter from the Center for Natural Lands Management to the City, dated
August 4, 1997 and the letter from the City, dated September 11, 1997.
'8. Impacts to least Bell's vireo habitat, resulting from night-time street light levels will be
reduced by placing shields on light fixtures and directing them away from riparian habitat to
prevent illumination or "spillover" onto riparian habitat. This compensation measure was
mutually agreed-to by the City and the Service ma June 24, 1997 meeting on the project.
In an effort to reduce vehicle noise in adjacent riparian habitat in Macario Canyon and its
unnamed creek, a solid three foot high sound barrier would be constructed on the north side
of the bridge and a solid four foot high sound barrier would be constructed on the south side
of the bridge. This mitigation measure was proposed by the City during consultation with the
Service for the original Cannon Road Reach 1 project, and was described in measure number
3 in the section titled "Project Description" on page 3 of the previous Biological Opinion (I-
6-92-F034), dated April 7, 1992.
Impacts to least Bell's vireo and southwestern willow flycatcher occupied riparian habitat in
Macario Canyon resulting from edge effects would be mitigated by enhancing riparian
habitat through the removal of pampas grass within 28 acres of wetlands in Macario Canyon.
The first removal effort would be initiated within 12 months after the commencement of the
project referenced above. All pampas grass shall be removed within Macario Canyon within
24 months after commencement of the project, and continue for a period of five years. This
measure is in addition to the measure associated with the P.A.R., and is further discussed in
the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension
Project, dated January 1997. This time frame for-pampas grass removal was mutually agreed
to by the City and the Service in a June 24, 1997 meeting on the project.
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Colonel Robert L. Davis (1-( •-F-51) 7
Impacts to least Bell's vireo and southwestern willow flycatcher occupied riparian habitat in . Macario Canyon resulting from edge effects would be mitigated by conducting brown-
headed cowbird trapping program. The program will result in the placement of five brown-
headed cowbird traps within and adjacent to the riparian vegetation. Trapping will take place
during the least Bell's vireo breeding season (March 15 through September 15). The first
trapping effort would begin during the first breeding season after the commencement of the
project referenced above, and continue for a period of five years. This measure is in addition
to the measure associated with the P.A.R., and is further discussed in the Conceptual Wetlands Mitigation Plan for Reaches] and 2 of the Cannon Road Extension Project, dated January 1997.
Indirect impacts to Agua Hedionda Lagoon and its adjacent wetlands will be reduced by
implementing a sediment and erosion control program. These measures are further discussed
in the FEIR (EIR 87-2), dated March 21, 1989.
Indirect impacts to riparian and wetland habitat would be reduced by fencing the right-of-way
with a drift fence to prevent erosion and sedimentation. This measure. is further discussed in
the FEIR (EIR 87-2), dated March 21, 1989 and Appendix A in the Corps 404 permit
application for Cannon Road Reach 2, dated February 13, 1997. .
Construction will only occur from September 15 through March 15, if the least Bell's vireo
occupies riparian habitats within the project area. This mitigation measure was proposed by
the City during the June 24, 1997 meeting between the Service and the City and during
consultationwith the Service for the original Cannon Road Reach 1 project, and was
described in measure number 3 in -the section titled "Project Description" on page 3 of the
previous Biological Opinion (I -6-92-F-34), dated April 7, 1992.
Impacts to 3.1 acres of southern maritime chaparral and indirect impacts to Del Mar
man.zanita will be mitigated through off-site preservation of 6.2 acres of southern maritime
chaparral supporting Del Mar manzanita,. The acquisition of this mitigation land will be
finalized within 6 months of the date of this Biological Opinion. This mitigation measure
was agreed to in a July 23, 1997 telephone conversation between Ellen Berryman of the
Service and Betty Dehoney, the City's consultant. Ms. Dehoney indicated that the City
agreed to this mitigation measure, and the Service concurred in a letter to the City, dated July
23, 1997.
.
Indirect impacts to Del Mar manzanita will be reduced by placing temporary fencing,
barriers, and signage at the construction boundary in the vicinity of this species' occurrence,
to remain during construction activities. This mitigation measure was agreed to in a July 23,
1997 telephone conversation between Ellen Berryman of the Service and Betty Dehoney, the
City's consultant, and further described in the letter from the City, dated August 12, 1997
regarding the Draft Biological Opinion on the Cannon Road (Reaches I and 2) Permit
Application No 97-20130-TCD and 97-20131-TCD), City of Carlsbad California (1-6-97-F-
51).
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Colonel Robert L. Davis (1-f -F-5l) 8
17. The project will be consistent with the condition of the Habitat Loss Permit for coastal sage
scrub pursuant to the special 4(d) rule for the California gnatcatcher. The City requested this
measure in a letter to the Service regarding Interim Habitat Loss Permits for Cannon Road
West Reaches 1 and 2; City of Carlsbad Project No. 3184, dated June 23, 1997.
Species Account
'Least Bell's Vireo
The least Bell's vireo is a small, olive-gray, migratory songbird that nests and forages almost
exclusively in riparian woodland, habitats (Garrett and Dunn 1981, Gray and Greaves 1981,'
Miner 1989). All subspecies of Bell's vireo ( Vireo bellii), including the least Bell's vireo, are
almost exclusively insectivorous (Chapin 1925) and highly territorial (Barlow 1962, Fitch 1958, Salata 1983a).
Historically, the least Bell's vireo ranged from Red Bluff; California in the north, to northwestern
Baja California, Mexico in the south. The least Bell's vireo was also known to occur as far east
as the Owens Valley, Death Valley, and along the Mojave River. It was described as common to
Abundant in appropriate riparian habitats (Grinnell and Miller 1944, Grinnell and Storer 1924,
Willett 1933). Currently, the species occupies a very small fraction of its former range
(Goldwasser et al. 1980, U.S. Fish and Wildlife Service 1986). In 1986, surveys indicated that
there were approximately 397 territorial male least Bell's vireos in the United States. Since that
time, legal protection and active management have resulted in an increase in the population.
Surveys conducted in 1994 indicated that there were approximately 927 territorial male least
Bell's vireos in the United States. In 1994, approximately 70 percent of least Bell's vireos were
concentrated in just five localities. In 1996, the population of this species was estimated at
approximately 1,500 breeding pairs.
Least Bell's vireos generally begin to establish breeding territories by mid- to late-March
(Garrett and Dunn, 1981, Salata 1983a, Salata 1983b, Hays 1989, Pike and Hays, 1992). Most
breeding least Bell's vireos depart their breeding grounds by the third week of September, and
only a very few are found wintering in the United States (Garrett and Dunn 1981, Pike and Hays
1992, Salata 1983a, Salata 1983b). Territory sizes of nesting vireos range in size from one to
four acres (Gray and Greaves 1981).
Although the least Bell's vireo occupies homeranges that typically range in size from 0.5 to 4.5
acres, a few may be as large as 10 acres. Insome areas, least Bell's vireos will also use adjacent
upland habitats for foraging (Salata 1983a).
Least Bell's vireo nesting habitat typically consists of well-developed overstories, understories,
and low densities of aquatic and herbaceous cover (Hays 1986, Hays' 1989, Salata 1983a, Zembal
1984, Zembal et al. 1985). The understory frequently contains dense subshrub or shrub thickets.
These thickets are often dominated by sandbar willow, mule fat, young individuals of other
willow species such as arroyo willow or black willow, and one or more herbaceous species'
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Colonel Robert L. Davis (1-' '-F-51) 9
(Salata 1983a, Salata 1983b, Zembal 1984, Zembal et al. 1985). Significant overstory species
include mature arroyo willow and black willow. Occasional cottonwood (Populus sp.) and
western sycamore (Platanus racemosa) occur in some areas used by the least Bell's vireo. Coast'S
live oak (Quercus agrfolia) may also make locally' important contributions to the overstory.
As much as 90 percent of the original extent of riparian woodland in California has been
eliminated, and most of the remaining 10 percent is in a degraded condition (Dahl 1990). It
appears that least Bell's vireos nesting in areas containing a high proportion of degraded habitat
have lower productivity (e.g., hatching success) than those in areas of high quality rijarian
woodland (Pike and Hays 1992). Additionally, widespread habitat losses have fragmented most
remaining populations into small, disjunct, widely dispersed subpopulations (Franzreb 1989):
Habitat fragmentation negatively affects abundance and distribution of neotropical migratory
songbirds, in part by increasing incidence of nest predation and parasitism (Small and Hunter. 1988). . . .
Least Bell's vireos are sensitive to many forms of human disturbance including noise, night
lighting, and consistent human presence in an area. Excessive noise is believed to be capable of
causing least Bell's vireos to abandon an area and/or decrease their reproductive success.
Greeves (1989) hypothesized that the lack of breeding least Bell's vireos in apparently suitable.
habitat was due to human disturbances (e.g., bulldozers, off-highway vehicles, and hiker travel).
- He further suggested that buffer zones between natural areas and surrounding degraded and
••
disturbed areas could be used to increase the suitability of some riparian habitat for this spôcies.
r
Because of the decline of least Bell's vireos (U.S Fish and Wildlife Service 1986), attributable in
part to the combined, perhaps synergistic, effects of the widespread destruction of riparian
habitats and brood-parasitism by the brown-headed cowbird (Garrett and Dunn 1981), the least
Bell's vireo was listed as endangered on May 2, 1986 (Federal Register 51:16474). Critical '. habitat for the least Bell's vireo was designated by the Service on March 4, 1994.
Least Bell's vireo have been regularly detected occupying riparian and adjacent upland habitats
in Macario Canyon within and immediately adjacent to the proposed Reach 1-bridge right-of- way during the past decade. For example, biological surveys of Macario Canyon in 1990, 1992,
and 1993 resulted in detecting this species at the mouth of the canyon (RECON 1990; P&D
Environmental Services 1992 and 1993). More recently, surveys conducted on May 19 and 29,
1995 resulted in detecting four least Bell's vireo in Macario Canyon, with one nesting pair and
' juvenile located near the mouth of the Canyon (the approximate location of the Reach 1 bridge
right-of-way) and one male in riparian habitat east of the right-of-way (Tetra Tech, inc. 1995): Between April 12 and June 21, 1996, one pair of least Bell's vireo was detected in riparian
habitat approximately one-hundred feet east of the Reach 1 right-of-way, and one singing male
within the Reach I right-of-way (Tetra Tech, Inc. 1996b) (Attachment 4). The most recent
surveys of Reach I were conducted between May and July 1997, and resulted in detecting one
least Bell's vireo within the right-of-way in Macario Canyon (Tetra Tech, Inc. unpublished data).
On July 9, 1997, Jeff Manning of the Service detected an adult male and one juvenile least Bell's
vireo in Macario Canyon within the project right-of-way. . ... . . '
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:'
Colonel Robert L. Davis (1 '7-F-5I) 10
During the 1995 surveys of Reach 1, individual vireos were also observed foraging in adjacent
upland habitats (Tetra Tech, Inc. 1995). This is consistent with the findings Of Kus and Minor
(1988), which suggests the value of these upland areas for least Bell's vireo. RECON (1990)
elaborated on this topic by suggesting that upland areas adjacent to narrow riparian habitats be
considered as part of a least Bell's vireo territory or biological buffer situated between riparian
habitat and a planning buffer (RECON 1990).
Biological surveys of the Reach 2 right-of-way and adjacent riparian habitat were conducted by
three separate entities. Surveys conducted on June 24 and July 4, 1997 by Varanus Biological
Services, Inc., (unpublished data) resulted in locating a population of at least 12-15 breeding
pairs of least Bell's vireo within the riparian habitat of the Agua Hedionda Creek floodplain
(Attachment 5). This survey detected a least Bell's vireo within 700 feet downstream of the El
Camino Real bridge. Tetra Tech, Inc. (unpublished data) reported three territorial least Bell's
vireo approximately 0.25 and 0.35 mile downstream of the El Camino Real bridge, and one as
close as 500 feet. These individual least Bell's vireos within 0.3 mile downstream of the bridge
were detected during previous surveys conducted in 1996 (Brian Arnold of Tetra Tech, Inc., pers.
comm.). On July 16, 1997, Jeff Manning of the Service and Tim Dillingham of the Department
detected an adult male least Bell's vireo adjacent to the project right-of-way within 300 feet
downstream of the El Camino Real bridge. This sighting is believed to represent a least Bell's
vireo territory in addition to those detected in the former surveys. .The combined survey results
referenced above identify a total of 13 to 16 least Bell's vireo territories in Agua Hedionda
Creek. Thirteen of these breeding pairs are located within .500 feet from the Reach 2 right-of-
way, three territories extend into the uplands within the project right-of-way, and at least one nest
was detected less than 100 feet from the northern edge of the Reach 2 right-of-way.
Southwestern Willow Flycatcher
The southwestern willow flycatcher is one of four subspecies of the willow flycatcher
(Empidonax traillii) recognized in North America (Hubbard 1987, Unitt 1987, Browning 1993).
The southwestern willow flycatcher is a relatively small, insectivorous neotropical migrant bird
with a whitish throat, grayish-green back, a light olive breast, -and a pale yellowish belly.
The breeding range of the southwestern willow flycatcher includes southern California, Arizona,
New Mexico, southern portions of Nevada and Utah, western Texas, southwestern Colorado, and
extreme northwestern Mexico (Hubbard 1987, Unitt 1987, Browning 1993). Southwestern
willow flycatchers winter in Mexico, Central America, and northern South America (Phillips
1948, AOU 1983).
Southwestern willow flycatchers are late spring breeders, typically raising one brood per year.
They are generally present and singing on breeding territories by mid-May and fledge young in
early July (Willett 1912, Ligon 1961, Brown 1988, Whitfield 1990). Southwestern willow
flycatchers are generally gone from breeding grounds in southern California by late August and
are exceedingly scarce in the United States after mid-October (Garrett and Dunn 1981).
The southwestern willow flycatcher occurs in riparian habitats along rivers, streams, and other
wetland habitats where dense growths of willows, Baccharis sp., arrowweed (Pluchea sp.),
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Colonel Robert L. Davis (1- 7-F-51) 11
buttonbush (Cephalanthus sp.), or other plants of similar structure and form are present (Grinnell
and Miller 1944, Phillips 1948, Hubbard 1987, Unitt 1987, Brown and Trosset 1989, Whitfield
1990, Brown 1991). Overstories in occupied habitats are often composed of willows or
cottonwoods (Unitt 1987, Whitfield 1990, Brown 1991).
The present existence of small population segments of southwestern willow flycatchers make the
species increasingly susceptible to local extirpation through stochastic events such as flood, fire,
brood parasitism, predation, and land development. Habitat fragmentation can negatively affect
the abundance and distribution of southwestern willow flycatchers by increasing incidences of
nest predation and parasitism (Small and Hunter 1988). .Whitfield (1990) found that predation on
willow flycatcher nests increased with decreasing distance from nests to thicket edges,
suggesting that habitat fragmentation may increase the threat of predation. McCabe (199 1)
reported that brown-headed cowbirds lay their eggs in songbird nests closest to the edge of the
habitat.
Southwestern willow flycatcher habitat can be degraded and direct disturbances can result from
human activity within or adjacent to riparian areas (Taylor 1986). Blakesley and Reese (1988)
found a negative correlation between human activity in riparian corridors and flycatcher
abundance. Human activities that can adversely affect flycatchers include excessive noise, night
lighting, and consistent human presence in an area.
Throughout the known range of the southwestern willow flycatcher, occupied riparian habitats
tend to be widely separated. The southwestern willow flycatcher has suffered extensive losses
from habitat destruction or modification due to grazing, flood control projects, and other water or
land development projects [see, in particular Dahl (1990), Klebenow and Oakleaf (1984), and
Taylor and Littlefield (1986)]. The species is additionally affected by a variety of other factors,
including brood parasitism by brown-headed cowbirds (Unitt. 1987, Ehrlich et al. 1992). Parasitism rates of southwestern willow flycatcher nests have recently ranged from 50 to 80
percent in California (Whitfield 1990, M. Whitfield and S. Laymon, unpublished data) and to
100 percent in the Grand Canyon in 1993. Mayfield (1977) thought that a species (or
population) could probably survive up to a 24 percent nest parasitism rate.
Unitt (1987) reviewed historical and contemporary records of the southwestern willow
flycatcher throughout its range and determined that the species had declined precipitously during
the last 50 years. He argued convincingly that the southwestern willow flycatcher is faring
poorly throughout much of its breeding range, and postulated that the "known southwestern
willow flycatcher population in the California range of extimus consists of 87 pairs" and that the
"total population of the subspecies is well under 1,000 pairs;
... 500 is more likely." A composite
of more current information indicates continuing population declines, poor reproductive
performance, and continued threats to most remaining populations (e.g., Brown 1991, Whitfield
ana Laymon, in lit. 1993).
Southwestern willow flycatchers were once considered widely distributed and common in
California, occurring wherever suitable habitat existed in the Los Angeles Basin, San
Bernardino, Riverside and San Diego Counties, and the lower Colorado River basin (Grinnell
and Miller 1944, Unitt 1987, Willet 1912, 1933). Currently in California, southwestern willow
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Colonel Robert L. Davis (.1- 7-F-5 1) 12
flycatchers exist only in small disjunct groups and have been extirpated from the lower Colorado
River (Hunter et al. 1987, Unitt 1987, Rosenberg et al. 1991). Due to the decline, the
southwestern willow flycatcher was listed as endangered on February 27, 1995 (Federal Register
60: 10694). In addition, critical habitat was proposed for this species on February 27, 1995
(Federal Register 60: 10694) and designated on July 22, 1997 (Federal Register 62: 140).
During the least Bell's vireo surveys of the riparian habitat in and adjacent to the Reach 1 right-
of-way in Macario Canyon conducted on June 7, 1996, two individual southwestern willow
flycatchers were observed approximately 200 feet upstream from the right-of-way (Tetra Tech,
Inc. 1996b). Comprehensive surveys were not completed in 1996 to determine their nesting
status, however they were suspected to be transitory (Tetra Tech, Inc. 1996b). Two individual
southwestern willow flycatchers were observed during surveys conducted by Karen Miner on
May 31, 1997 and June 6, 1997, however these birds were not observed during subsequent
surveys conducted on June 27 and July 11, 1997 (Tetra Tech, Inc., unpublished data). No
southwestern willow flycatchers were detected during non-intensive, spot surveys conducted in
the riparian habitats of the Agua Hedionda floodplain during June 24, 1997 and July 4, 1997
biological surveys conducted by Varanus Biological Services, Inc.). Bill Haas of Varanus
Biological Services, Inc. reported that riparian habitat in the vicinity of Agua Hedionda Creek is
suitable for southwestern willow flycatcher, and is possibly important as a migratory stopover
location (Varanus Biological Services, Inc., unpublished data). To date, the nearest breeding
southwestern willow flycatchers are located along the Santa Margarita River on Camp Pendleton,
and possibly along the San Luis Rey River, near Interstate 5 (Varanus Biological Services, Inc.,
unpublished data).
Del MarManzanita
Del Mar manzanita is a shrub species in the Ericaceae family and is endemic to the coastal region
of southern San Diego County, California and northern Baja California, Mexico. it is a
component of southern maritime chaparral. Roberts (1993) estimates that 88 percent of the
remaining 2,500 acres of southern maritime chaparral in San Diego County provides habitat for
Del Mar manzanita.
Del Mar manzanita is restricted to sandstone terraces and bluffs from the City of Carlsbad south
to Torrey Pines State Park, extending inland on Del Mar Mesa and into the community of
Rancho Santa Fe, San Diego County, California. The majority of the populations occur within
four miles of the coast. The population of Del Mar manzanita in San Diego County has declined
by approximately 50 percent since 1982; approximately 7,500 to 8,700 individuals remain within
25 populations in San Diego County (Roberts 1993). Del Mar manzanita was federally listed as
endangered on October 7, 1996 (61 FR: 52370) due to substantial habitat reduction and
fragmentation of southern maritime chaparral habitat, declining numbers of individuals, and the
inadequacy of existing regulatory mechanisms to adequately provide for the conservation of the
species. Critical habitat has not been designated for this species, and a recovery plan has not been
adopted. A detailed account of the status, distribution, taxonomy, ecology, and reproductive
characteristics of Del Mar manzanita is presented in the final rule which is hereby incorporated
by reference.
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Colonel Robert L. Davis (I- '-F-51) 13
Based on information provided in a letter from the City, dated June 23, 1997, 3.1 acres of
southern maritime chaparral is present within the direct impact area of Cannon Road the Reach 1.
A. vegetation map titled "San Diego Gas and Electric Encina East Property Vegetation and
Cannon Road Easement Map," dated May 7, 1997 and the letter to the City from Tetra Tech,
Inc., dated August 18, 1997, indicate the locations of two individual Del Mar manzanita plants
present in southern maritime chaparral directly adjacent to the proposed grading footprint for
Cannon Road.
Direct Impacts
One least Bell's vireo breeding territory lies within the project right-of-way in Reach 1, Mácario
Canyon. Construction activities for the Reach 1 bridge, spanning over Macario Canyon and its
unnamed creek, including grading and filling, will result in the direct, permanent loss of 1.0 acre
of riparian habitat. An additional 0.9 acre of riparian habitat will be permanently lost based on
the RECON (1989) analysis that determined that no vegetation is expected to grow beneath the
bridge structure. The total direct, permanent impacts within Reach 1 are the loss of 1.9 acres of
vireo habitat (1.8 acres of southern willow riparian and 0.1 acres of brackish marsh) and the harm
of one breeding pair of least Bell's vireo occupying riparian habitat within the footprint of the
bridge (Attachment 4; Table 1).
Table I. Cannon Road, Reach 1 impact analysis.
Habitat/Species Permanent, direct Permanent, indirect Temporary, direct
• impacts impacts impacts
Southern willow riparian. 1.8 acres 7.22 acres' 113 acres
Brackish marsh 0.10 acres
Open water
Maritime Chaparral 3.10 acres 35 acres 0
least Bell's vireo I breeding pair' 1 breeding pair4 1 breeding pair4
southwestern willow 0 3 individuals 0
flycatcher •
Del Mar manzanita 0 0 0
1.8 acres of riparian (Corps permit application). 2 Edge effects including noise impacts to least Bell's vireo and increased human access within this acreage: 500
feet (riparian vegetation upstream of bridge) + 200 feet (riparian habitat present downstream of bridge) X 450
(bridge length). Calculation based on Caltrans sound level reduction scale, dated May 7, 1997 and minimum car
and truck traffic noise levels of 70 dBA Leq.
300 feet (150 feet on both sides of bridge from FEIR 1989) X 450 feet (bridge length).
One breeding pair will experience direct, indirect, and temporary impacts resulting from Reach 1.
Approximate acreage based on SDG&E Encina East Property Veg. & Cannon Road Easement Map, dated May 7,
1997. • • . ) S . . S.
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Colonel Robert L. Davis (1- 7-F-51) 14
The estimated, temporary construction impact area for the Reach I bridge, spanning over
Macar o Canyon and its unnamed creek is 150 feet to either side of the bridge (RECON 1989).
This construction area would result in a direct, temporary impact to one breeding pair of least
Bell's vireo through the temporary destruction of 3.1 acres of southwestern willow riparian
(Table 1). The destruction of riparian vegetation would harm the breeding pair of least Bell's
vireo through the temporarily removal foraging, roosting, and nesting habitats from the territory.
The construction of Reach 1 will also result in the direct loss of 3.1 acres of southern maritime
chaparral and is expected to impact two individual Del Mar manzanita plants. Due to the close
proximity of the manzanita to the proposed direct impact area, this species.may be inadvertently
impacted during grading and other construction related activities.
Attachment 5 shows the location of three least Bell's vireo breeding territories within the Agua
Hediondo Creek floodplain that encompass portions of upland habitat within the Reach 2 right-
of-way (Varanus Biological Services, Inc., unpublished data). All of these territories were
considered to be breeding territories by Varanus Biological Services, Inc. (unpublished data).
Three of these territories extend into upland habitats (mulefat scrub and coastal sage scrub)
within the Reach 2 right-of-way. Construction of Reach 2 includes the removal of up to two feet
of upland soil, placement of cement and asphalt, and placement of electrical and drainage
facilities within the 102-foot-wide right-of-way graded in 1989 under the original Corps permit.
These construction activities will occur in Reach 2 from El Camino Real along a 2,000-foot
distance in a westerly direction, paralleling the adjacent riparian habitats of Agua Hedionda
Creek. These activities will result in the harm of three pairs of least Bell's vireos occupying
territories comprised of riparian, wetland, and upland vegetation adjacent to the Reach 2 right-of-
way and upland habitat patches within the Reach 2 right-of-way (Attachment 5; Table 2). The
destruction of these habitats documented by the Service to be utilized by the least Bell's vireo
would result in the permanent removal of vegetation that may be essential as foraging, roosting,
and nesting habitat in each of these three least Bell's vireo territories.
Table 2. Cannon Road, Reach 2 impact analysis.
Habitat/Species Permanent, direct Permanent, indirect Temporary, direct
impacts impacts impacts Southern willow riparian 0.59' acres 232 acres
Brackish marsh
Open water 0.14 acres
Maritime Chaparral 0 01 0 least Bell's vireo 3 breeding pairs 14 breeding pairs3 0 southwestern willow not disclosed not disclosed not disclosed flycatcher
Del Mar manzanita 0 0 0
0.16 acres (willow scrub from 404 permit application) + 0.43 (disturbed riparian scrub from 404 permit application).
2 Edge effects including noise impacts to least Bell's vireo and increased human intrusion within this acreage: 500 feet (riparian vegetation adjacent to Reach 2) X 2,000 feet (length of Reach 2 with riparian vegetation adjacent to
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Colonel Robert L. Davis (1-( -F-51) - 15
it). Calculation based on Caltrans sound level reduction scale, dated May 7, 1997 and minimum car and truck traffic noise levels of 70 dBA Leq.
Includes three breeding pairs that would experience permanent, direct impacts resulting from Reach 2.
Reach 2 also includes the construction of a bridge spanning over Agua Hedionda Creek. These
construction activities would result in the direct, permanent destruction of 0.59 acre of
southwestern willow riparian and 0.14 acre of open water (Table 2). The construction of this
bridge is not expected to result in direct impacts to least Bell's vireo and southwestern willow
flycatchers. No permanent or temporary impacts to riparian, wetland, and least Bell's vireo
territories are expected to occur outside of the 100 foot wide footprint of the Reach 2 bridge
extending over Agua Hedionda Creek. To minimize effects of the Cannon Road Reaches I and 2
project on least Bell's vireo and southwestern willow flycatcher, the City propcises to perform
construction activities outside of the nesting season of these two species if they occupy nparian
habitat along Agua Hedionda Creek and in Macario Canyon.
Indirect Impacts
Based on the California Department of Transportation's (Caltrans) table titled "Reduction ofA-scale sound level at various distances from a vehicular "line source, "relative to 50fi distance, using the drop-off rate of 3.0 dBA per double distance" (Caltrans sound level reduction scale)
(Attachment 6) and an estimated minimum vehicular noise level of 70 dBA for this project
(based on expected traffic type and volumes described in the FEIR 1989), it is estimated the
vehicular noise levels would exceed 60 dBA Leq up to a distance of 500 feet out from the project
right-of-way. Noise above 60 dBA Leq is believed to be capable of disrupting normal behavior
of this species. Noise from vehicles may interfere with courtship behavior or cause temporaryor
permanent abandonment of the nesting territory. Excessive noise can mask the song of a male
vireo, thereby inhibiting hi's chance of attracting a mate. A response of a male least Bell's vireó
in attempting to establish territory or a pair of vireos trying to maintain a territory while exposed
to excessive noise for a prolonged period can be the abandonment of a nesting territor'.
Excessive noise can also mask the presence of predators of the least Bell's vireo.
The proposed Reach I bridge, spanning over Macario Canyon and its unnamed creek will result
in an indirect impact to one breeding pair of least Bell's vireo occupying riparian within 7.2 acres
of riparian willow habitat through edge effects including harassment associated with car and
truck traffic noise and increased human access (Table 1). Noise impacts to southwestern willow
flycatchers is currently less studied than that of the least Bell's vireo. To the extent that
operations near occupied southwestern willow flycatcher habitat would occur in the breeding
season, it is possible that flycatchers would be adversely affected by car and truck traffic noise.
Car and truck traffic noise levels associated with the Reach 1 bridge will result in an indirect
. impact to three individual, non-breeding southwestern willow flycatchers located approximately
200 feet upstream of the bridge within the 7.2 acres of riparian habitat referenced above. These
impacts to these species are expected to occur for the life of the project.
-
Reach 2 will indirectly impact 14 breeding pairs of least Bell's vireo occupying 23 acres of,
- southern willow riparian habitat through harassment associated with car and truck traffic noise
(1018197) fiIc.\consu1t\canonrd\cannrd.bo2
. .
Colonel Robert L. Davis (1- 7-F-51) .16
and increased human access (Table 2). These impacts are based on the Caltrans sound level
reduction scale (Attachment 6) and these territories being located less than 500 feet from the
Reach 2 right-of-way (Attachment 5). Focused surveys for southwestern willow flycatcher were
not performed within the 23 acres of riparian habitat that will experience increased noise levels
from car and truck traffic. Therefore impacts to this species in Reach 2 cannot be adequately
determined. Impacts to this species from car and truck traffic noise are projected to be similar to
that of the least Bell's vireo.
The City has incorporated several project features to reduce car and truck noise levels exceeding
60 dBA Leq within adjacent riparian habitat. The City proposes to construct a three foot high
sound barrier on the north side and a four foot high sound barrier on the south side of the Reach I
bridge, spanning over Macario Canyon and its unnamed creek. Both barriers will extend beyond
the ends of the bridge. Given that the majority of the Reach 2 right-of-way alignment abuts
riparian vegetation, it was determined that the construction of a sound wall would not be a
practicable alternative in reducing ambient noise levels to 60 dBA Leq. The road surface on both
Reaches would be constructed with close-grade asphalt to aid in reducing vehicular tire noise.
The Service estimates that these project features may aid in reducing car and truck traffic noise
levels to 70 dBA Leq.
In addition to noise, it is anticipated that there may be potential impacts to least Bell's vireo
breeding territories associated with Street and vehicular lighting. These impacts would occur at
the Reach I bridge, spanning over Macario Canyon and its unnamed creek, the Reach 2 bridge
extending over Agua Hedionda creek, and along the 2,000-foot distance of Reach 2 paralleling
Agua Hedionda Creek. Increased background levels of luminescence from Street lights and
vehicle lights at least Bell's vireo nest locations may lead to increased predation of eggs or vireo
young by predators. The project applicant proposes to place shields on light fixtures and direct
them away from riparian habitat to prevent lighting spillover onto least Bell's vireo habitat. This
is anticipated to avoid lighting spillover impacts associated with Street lighting.
The construction of Reach 1 is expected to indirectly impact the remaining approximately 3 acres
of maritime chaparral and two individual Del Mar manzanita plants through edge effects
including increased human access, alteration of natural run-off, and alteration of drainage patterns where this plant species occurs. In addition, due to the close proximity of the manzanita
to the proposed direct impact area, this species may be inadvertently impacted during grading
and other construction related activities.
The Service believes the impacts described above would not jeopardize the continued existence
of the least Bell's vireo, southwestern willow flycatcher, or the Del Mar manzanita. We present
this conclusion because the project sponsor has incorporated significant compensation measures
including: I) replacement through revegetation of any riparian and wetland habitat permanently
destroyed by project construction activities at a 1:1 area ratio prior to construction, 2)
replacement through revegetation of any riparian and wetland habitat temporarily destroyed by
project construction activities at a 1:1 ratio within the temporary impact area, 3) the
implementation of a cowbird trapping program, 4) the initiation of a pampas grass removal
program, 5) the contribution of $150,000 (12.4% of the total endowment cost) and any
outstanding start-up costs into a non-wasting, interest bearing account for the purpose of funding
(10/8/97) fiIe:\consuItcanonrd\cannrd.bo2
Colonel Robert L. Davis (1-( -F-51) 17
wildlife habitat management practices in perpetuity within the 186-acre riparian habitat area, 6)
use of noise barriers on Reach 1 bridge, spanning over Macario Canyon and its unnamed creek to
reduce vehicle noise, 7) use of shields on street lights to minimize the "spillover" of light on
adjacent riparian habitats, and 8) construction outside of the least Bell's vireo and southwestern
willow flycatcher breeding seasons.
Cumulative Effects
Cumulative effects are those impacts of future, non-Federal (State, local government and private)
activities affecting endangered and threatened species or critical habitat that are reasonably
certain to occur during the course of the Federal activity subject to consultation. Future Federal
actions will be subject to the consultation requirements established in section 7 of the Act and,
therefore, are not considered cumulative to the proposed action.
Actions that are reasonably certain to occur which will adversely affect the least Bell's vireo and
southwestern willow flycatcher include development of privately owned lands adjacent to
riparian corridors that contain either existing or the potential for future quality least Bell's vireo
or southwestern willow flycatcher habitat. Lights, noise, domestic pets, increased disturbances,
probably an increase in cowbird numbers, and loss of adjacent upland buffer and foraging habitat
will occur throughout the range of the least Bell's vireo. The increase of cowbirds throughout
coastal Southern California apparently has been the result of the proliferation of suitable cowbird
feeding areas, including golf courses, parks, and stables. The Service believes that habitat •
destruction, cowbird parasitism, and indirect impacts currently limit the distribution and potential
expansion of least Bell's vireos and southwestern willow flycatchers.
Additionally, given the number of unauthorized discharges of fill material and unregulated
clearing of riparian vegetation that occur within the range of the vireo, it is reasonable to assume
that these activities will continue to result in the destruction of suitable and potential least Bell's
vireo and southwestern willow flycatcher habitat. For example, the Service is aware of one
unauthorized activity in Agua Hedionda Creek overlapping the Reach 2 bridge right-of-way that
resulted in the grading and removal of approximately 0.5 acre of riparian vegetation. It has
recently been reported to the Service that riparian vegetation in Macario Canyon was pruned
adjacent to agricultural fields in 1997. The Service is also aware of hand clearing of mature
willow trees and other riparian vegetation on the northern side of the Agua Hedionda Creek
floodplain.
The City has incorporated Macario Canyon in their Master Plan as a major regional active park.
Active park uses within Macario Canyon and its riparian and wetland habitats include a golf
course, ball fields, an amphitheater, and tennis courts. According to the letter from the City,
dated August 20, 1997, the City proposes to design a future 14-foot wide golf cart through the
riparian habitat in Macario Canyon in the vicinity of the proposed mitigation site for the Cannon
Road project. The golf cart path is part of the City's municipal golf course. Additionally, the
City is currently evaluating the location of a new road (Faraday Avenue) that spans the length of
Macario Canyon on its northern, upland slope. The Kelly Ranch General Plan includes proposed
major developments and roads on the upland slopes along the south side of Reach 2, and the City
plans to propose widening of Park Drive along the northern side of Agua Hedionda Creek and
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Colonel Robert L. Davis (1- 7-F-51) 18
wetlands. These activities are likely to further degrade the values of the riparian and wetland
vegetation in Macario Canyon and Agua Hedionda Creek floodplain as breeding and foraging
habitat for least Bell's vireo and southwestern willow flycatcher through lights, noise and
disturbances, if not direct habitat loss.
The majority of activities anticipated to affect the Del Mar manzanita within the foreseeable
future are local urban development projects. Proposed projects that are expected to impact Del
Mar manzanita in the City include Carlsbad Municipal Golf Course, Villages of La Costa, and
Poinsettia Hills. Two regional conservation planning efforts, the Multiple Species Conservation
Plan (MSCP) and the Multiple Habitat Conservation Plan (MHCP) encompass the United States
range of this species and include Del Mar manzanita as a target for conservation. The ultimate
result of this regional planning process is subject to the Service's review, and if successful, such
efforts are expected to preclude significant cumulative effects upon Del Mar manzanita.
After reviewing the current status of the least Bell's vireo, southwestern willow flycatcher, and
Del Mar manzanita, the environmental conditions of the project area, the effects of the proposed
Cannon Road, Reaches 1 and 2 project, and the cumulative effects, it is the Service's biological
opinion that the Cannon Road, Reaches 1 and 2 project is not likely to jeopardize the continued
existence of the least Bell's vireo, southwestern willow flycatcher, and Del Mar manzanita.
Critical habitat for the least Bell's vireo and southwestern willow flycatcher have been
designated as described in the species account section, however, this action does not affect those
areas, and no destruction or adverse modification of that critical habitat will occur as a result of
the proposed action.
We base this conclusion on the following consideration's: I) effect of the action, including
Avoidance and mitigation measures proposed as part of the description of the action; 2) the
importance of Agua Hedionda Creek and Macario Canyon to the survival and recovery of the
least Bell's vireo and southwestern willow flycatcher; and 3) the endangered status of the least Bell's vireo, southwestern willow flycatcher, and Del Mar manzanita. With the off-setting
measures proposed by the applicant, the significant project-related effects of the proposed action
are offset so that the action area is expected to function in a manner that is conducive to
maintaining and creating habitats for these endangered species.
Section 9 of the Act prohibits the take of listed species without special authorizations. Taking is
defined as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping,
capturing, collecting, or attempting to engage in any such conduct. Harm is further defined to
include significant habitat modification or degradation that results in death or injury to listed
species by significantly impairing essential behavior patterns, including breeding, feeding, or
sheltering. Under the terms of section 7 (b) (4) and 7 (o) (2) of the Act, taking that is incidental
to and not intended as part of the agency action is not considered to be prohibited taking under
the Act provided that such take is in compliance with this incidental take statement. The
stipulations described as reasonable and prudent measures and terms and conditions are non-
(10/8/97) fiIe:corisuIt\canonrd\cannrd.bo2
Colonel Robert L. Davis (1- 7-F-5 1) 19
discretionary, and must be undertaken by the agency or made a binding condition of any grant or
permit, as appropriate. The Corps has a continuing duty to regulate the activity that is covered
by the incidental take statement. If your agency fails to require the Cityto adhere to the terms
and conditions of this incidental take statement, the protective coverage of section 7(o) (2) may
lapse.
Based on the analysis of direct and indirect effects of the action as described in the preceding
section, and including the mitigation measures that have been incorporated into the action, such
as limiting construction activities within 300 feet of riparian vegetation and keeping construction
noise levels below 60 dBA Leq. at 50 feet from the edge of the riparian vegetation between
September 15 and March 15, the Service anticipates that the following take may occur during the
construction and operation of the project:
Zero least Bell's vireos and zero southwestern willow flycatchers may be killed or injured.
Four (4) pairs of least Bell's vireo and three (3) non-paired individual southwestern willow
flycatchers may be taken in the form of harm from construction of the Cannon Road, Reaches
land 2.
Fifteen (15) pairs of least Bell's vireo, which includes the four pairs mentioned above, may be
taken in the form of harassment as a result of indirect impacts associated with vehicle noise
and lights once the project is completed and becomes operational.
Approximately 2.63 acres of least Bell's vireo habitat will be permanently disturbed and 3.1
acres of least Bell's vireo habitat will be temporarily disturbed from the construction of
Cannon Road, Reaches 1 and 2.
These numbers are based on the survey results Of Tetra Tech, Inc. (unpublished data), Varanus
Biological Services, Inc. (unpublished data), and observations from Jeff Manning of the Service.
Those least Bell's vireos detected in riparian vegetation adjacent to the Reach 2 right-of-way
along a distance of 2,000 feet.westward from El Camino Real and those within the right-of-way
of the Reach 1 bridge, spanning Macario Canyon and its unnamed creek and the Reach 2 bridge,
spanning Agua Hedionda Creek are included.
If, during the course of the action, the amount or extent of the incidental take limit is reached, the
Corps shall immediately notify the Service in writing as required by 50 CFR 402.14(i) and
provide an explanation of the causes of the taking. If the incidental take limit is exceeded, the
Corps shall immediately cease the activity resulting in the take, and immediately reinitiate
consultation with the Service.
Reasonable and Prudent Measures
The following reasonable and prudent measures are necessary and appropriate to minimize the
incidental take of least Bell's vireo and southwestern willow flycatcher.
(10/8/97) file:\consült\canonrd\cannrd.bo2
Colonel Robert L. Davis (1- 7-F-51)
1. The take of listed species (least Bell's vireo and southwestern willow flycatcher) resulting
from construction and the operation of Cannon Road, Reaches 1 and 2 shall be minimized.
Permanent, direct impact to least Bell's vireo and southwestern willow flycatcher habitats in
Macario Canyon and Agua Hedionda Creek floodplain resulting from construction of Cannon
Road, Reaches I and 2 shall be compensated through the creation of riparian habitat at a 1:1
ratio such that one acre of habitat is created for each acre permanently destroyed.
Temporary impacts to least Bell's vireo, southwestern willow flycatcher, and coastal
California gnatcatcher habitats in Macario Canyon and Agua-Hedionda* Creek floodplain
resulting from the construction of Cannon Road, Reaches 1 and 2 shall be. minimized.
Indirect impact to least Bell's vireo and southwestern willow flycatcher habitats in Macarc
Canyon and Agua Hedionda Creek floodplain resulting from the operation of Cannon Road,
Reaches 1 and 2. (i.e. car and truck traffic noise) shall be minimized:
The Corps and the City, including all of their agents and contractors, will obtain all
applicable state permits to take least Bell's vireo, southwestern willow flycatcher, Del Mar
manzanita, and to remove riparian and brackish marsh habitats.
Terms and conditions
To beexempt from the prohibitions of section 9 of the Act, the Corps is responsible for
compliance with the following Terms and Conditions, which implement the reasonable and
prudent measures described above, and shall insure that the following Terms and Conditions are
incorporated into any permit issued for the proposed action.
1.. In order to implement Reasonable and Prudent Measure number one, the Corps and the City
shall: .
1.1 Ensure that construction activities within or adjacent to vireo or southwestern willow
flycatcher habitat or within 300 feet of riparian habitat shall be performed outside of the
breeding season (September 15 through March 15). Construction outside of the 300-
foot area shall not exceed noise levels of 60 dBA Leq. measured at 50 feet from the
riparian boundary. Activities that may result in clearing riparian vegetation or
exceeding 60 dEA Leq. during maintenance of project features in or adjacent to riparian
habitat within the'project area and at the mitigation site shall be performed outside of
the breeding season of the referenced species (September 15 through March 15).
1.2 Ensure that a solid, three-foot high sound barrier is constructed on the north side and a
/ solid, four-foot high sound barrier on the south side of the Reach I bridge, spanning
Macario Canyon during construction and prior to vehicle use of the bridge.
1.3 Ensure that "close grade asphalt" road surface material is utilized during the
construction and maintenance of the road surface on Reach I bridge, spanning Macario
•
Canyon, the Reach 2 bridge, spanning Agua Hedionda Creek, and the entire non-bridge
(1018/97) fiIe:\consuIt\canonrdcwrnrd.bo2
11
Colonel Robert L. Davis (l-E .F-51) 21
portions of road surface spanning the entire 1.54 mile length of Cannon Road, Reaches
I and 2.
1.4 Authorize the Service to visit the habitat areas on-site to ensure compliance with permit
and special permit conditions and the terms and conditions of any applicable
biological/conference opinion. The Service will contact and coordinate with the
landowner(s) in this regard for all site visits.
2. In order to implement Reasonable and Prudent Measure number two, the Corps and the City
shall:
2.1 Ensure that 3.31 acres of least Bell's vireo and southwestern willow flycatcher habitats
(2.63 acres for permanent impacts plus 0.68 acre for temporary impacts) are created in
Macario Canyon prior to commencement of the above referenced project. The creation
site shall be located at the site referenced in Attachment 2 of this Biological Opinion
prior to commencement of the above referenced project. This creation effort shall be in
accordance with the grading, planting, irrigation, maintenance, and monitoring plan that
is described in the Conceptual Wetlands Mitigation Plan for Reaches I and 2 of the
Cannon Road Extension Project, dated January 1997, and the table titled Container
plant species for wetland creation for Cannon-Road West Reaches I and 2, provided to
the Service on June 24, 1997 (Attachment 7).
2.2 Ensure that a 100-foot wide biological upland buffer is established on the easterly side
of the riparian mitigation site prior to commencement of the project referenced above.
Lights withinthe park shall be designed and placed in such a manner as to ensure no
spillage of light within the mitigation site or 100-foot wide biological, upland buffer.
2.3 Provide for permanent protection of the riparian mitigation area and its biological
upland buffer in Macario Canyon as natural wildlife habitat through the establishment
of a perpetual conservation easement. The language of the conservation easement shall
be approved by the Corps and the Service, and be signed by all parties prior to
commencement of the referenced project. The language shall include the adequate
protection of the riparian mitigation site from vehicle traffic and active park uses,
including golf and sports-related activities, hiking and bicycling trails, equestrian trails
and facilities, and other human-related activities. The conservation easement shall
include a statement indicating that the Corps and Service would consider the future,
proposed golf cart path, referenced in the section titled "Cumulative effects analysis" in
this B.O., if it is determined to be the least damaging practicable alternative under the
b( 1) guidelines alternatives analysis as part of the future Clean Water Act permit action.
It shall also be stated in the conservation easement that if the future golf cart path is
approved by the Service and Corps, compensatory mitigation would be required under
section 404 of the Clean Water Act and Section 7 of the Endangered Species Act.
2.4 Ensure that the riparian mitigation site achieves the intended success criteria prior to
commencement of the above referenced project. Success is anticipated to be achieved
within 12 months from the initiation of site preparation at the-riparian mitigation site, as
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Colonel Robert L. Davis (1. 7-F-51) 22
stated in the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon
Road Extension Project, dated January 1997. Success criteria shall be based on results
from quantifying species density and composition and the horizontal and vertical
vegetation structure along ten fixed, linear sampling transacts (sampling transacts)
spanning the width of the riparian mitigation site on the east-west axis and evenly
distributed across the riparian mitigation site along the northwest-southeast axis. The
ten fixed, sampling transacts shall be located on a map, and a copy of the map shall be
provided to the Service prior to on-the-ground preparation of the riparian mitigation
site. Species density and composition shall be quantified by counting all individuals of
each shrub and tree species within 10 feet from the fixed sampling transacts and
calculating the density of each species for each transect. Vertical vegetation (height)
success criteria (as described in Table 3-1 of the Conceptual Wetlands Mitigation Plan
for Reaches I and 2 of the Cannon Road Extension Project, dated January 1997) shall
be evaluated by measuring the height of all trees within 10 feet of either side of each
transect, and calculating the mean separately for each transect. Horizontal vegetation
structure (canopy) success criteria for tree and shrub species (as described in Table 3-1
of the Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road
Extension Project, dated January 1997) shall be evaluated by performing the "line-
intercept" method described by Mueller-Dombois and Ellenberg (1 974) along the ten
fixed, sampling transacts. The percent canopy cover shall be calculated separately for
each transect. The survival of trees and shrubs shall be determined by counting the
number of individual dead plantings throughout the entire site and calculating the
percent of the originally planted material that is dead. Monitoring results shall be
provided to the Service prior to commencement of the project referenced above and in
accordance with the additional time periods described in the Conceptual Wetlands
Mitigation Plan for Reaches I and 2 of the Cannon Road Extension Project, dated
January 1997. Photographs from permanently fixed photo-documentation sites of the
mitigation site shall be included in all monitoring reports.
2.5 Ensure that all monitoring reports. identify any necessary remedial measures for those
portions of the riparian mitigation site that do not meet the success criteria specified in
Term and Condition 2.5 of this Biological Opinion and in the Conceptual Wetlands
Mitigation Plan for Reaches I and 2 of the Cannon Road Extension Project, dated
January 1997.
3. In order to implement Reasonable and Prudent Measure number three, the Corps and the City
shall:
3.1 Ensure that limits of construction, personnel, and equipment are clearly defined. These
clearly defined limits shall include areas identified for construction, staging, and
storage; locations intended for delivering, preparing, and dispersing petroleum products
(i.e. gas, oil, asphalt), concrete, and other substances hazardous to aquatic life; and
places selected for maintenance and refueling of construction equipment and vehicles.
These limits of construction, personnel, and equipment shall be identified on a legible
map, and provided to the Service and Corps prior to commencement of the referenced
project. Construction activity zones and storage areas shall be clearly demarcated on
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Colonel Robert L. Davis (1- 7-F-5 1) 23
site with safety fencing or its equivalent to prevent inadvertent disturbance of sensitive
habitats including all riparian, coastal sage scrub, fresh and brackish water marsh
habitats. Safety fencing shall be placed prior to construction, and shall not be removed
until completion of the project. Safety fencing shall be placed and removed during the
non-breeding season of least Bell's vireo and southwestern willow flycatcher
(September 15 through March 15).
3.2 Ensure that a drift fence is placed between construction zones and wetland, riparian,
and other sensitive habitats to prevent sediments from entering these habitats during
construction. Drift fencing shall be placed prior to construction, and shall be removed
within 12 months following completion of construction. Drift fencing shall be placed
and removed during the non-breeding seasons for the referenced species (September 15
through March 15).
3.3 Limit all direct disturbance of potential/occupied least Bell's vireo, southwestern will
flycatcher, and/or coastal California gnatcatcher habitats associated with the project to
those areas stipulated in the description of the action. Clearing of riparian vegetation
for construction or operations shall not occur from March 15 to September 15 of any
calendar given year. Any riparian, other wetland habitat; or coastal sage scrub
vegetation accidentally, temporarily destroyed in the project area, or vicinity of the
project area, shall be revegetated within 12 months of the temporary impact. Any
riparian or other wetland habitat accidentally permanently destroyed in the project area
or vicinity of the project area shall be immediately replaced at a ratio of one acre
replaced (through wetland creation) for each acre disturbed or destroyed based on a plan
approved by the Service.
3.4 Ensure that all riparian and other wetland restoration sites resulting from temporary
impacts are irrigated in accordance with the measure proposed by the City and
described in project measure number three in the section titled "Description of the
Proposed Action" in this Biological Opinion. Planting specifications, maintenance,
monitoring, success, and reporting shall be in accordance with that described in the
Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road
Extension Project, dated January 1997. -
3.5 Remove/eradicate/control invasive weeds from all riparian areas directly disturbed by
construction or operations for not less than five years from initiation of construction.
The following possible weeds shall be controlled at least twice annually (before seed
set, as appropriate) so that the total aggregate extent of weed cover does not constitute
more than 5 percent of the total area disturbed: Eucalyptus, Arundo, Acacia, Ricinus,
Rumex, Carpobrotus, Myoporum, Cortaderia, Schinus, Cynodon, Nicotiana, Vinca,
Ailanthus, Salsola, Cirsium, Cystisus, Foeniculurn, Tamarix, Cynara, Marrubium,
Pennisetum, and Centaurea. The goal of weeding efforts shall be to eradicate
Eucalyptus, Arundo, Ricinus, Cortaderia, Foeniculum, and Tamarix on-site. Weeding
efforts shall not impede or preclude native plant revegetation (passive or active) of the
area.
(10/8/97) file:\consult\canonrd\cannrd.bo2
Colonel Robert L. Davis'(] - '-F-5 1) 24
3.6 Ensure that areas subject to contact with wet concrete'shall be de-watered or have
surface flows diverted until all concrete is fully set. Catalyzing agents in wet concrete
are very alkaline (Sweet 1993) and can easily cause extreme harm to aquatic organisms
when in contact with receiving waters.
3.7 Ensure that no night-time lighting will be used as part of construction or operations in
areas of the project that are within 500 feet from least Bell's vireo and southwestern
willow flycatcher habitat. 0
3.8 Ensure that all employees/agents of the applicant with responsibilities that affect the
action area shall be: I) informed of the sensitivity of the habitat areas and the presence
of the listed and protected species accommodated therein; and 2) instructed as to the
content of the Corps permit, this Biological Opinion, and the special permit conditions
and terms and conditions delineated herein.
3.9 Ensure that all construction haul roads shall utilize existing paved and dirt roads. No
widening of the existing dirt roads shall be allowed if impacts to native vegetation will
occur.
4. In order to implement Reasonable and Prudent Measure number four, the Corps and the City
shall:
4.1 Ensure a contribution of $150,000 (12.41/6) and payment for any outstanding start-up
costs towards the total $1.2 million endowment for wildlife management practices on
the 186-acre site described in the P.A.R. prepared by the Center for Natural Lands
Management. These funds shall be placed into an interest bearing account prior to
commencement of construction activities for the Cannon Road Reaches 1 and 2 project.
Documentation of any outstanding start-up costs shall be provided to the Service and
Corps, and funding for these outstanding costs shall be placed into the interest bearing
account with the wildlife management funds. Documentation of establishing- the non-
wasting, interest bearing account shall be provided to the Service prior to
commencement of the construction activities for Cannon Road Reaches I and 2.
4.2 Work with the Service, Corps, Department of Fish and Game, and any other interested
persons or organizations in obtaining funding for the remainder of the $1.2 million cost
for wildlife management practices intended for the 186-acre area.
4.3 Remove pampas grass within 28 acres of wetlands in Macario Canyon for a five year
period. The first removal effort shall be initiated outside of the breeding season of the
least Bell's vireo and southwestern willow flycatcher (September 15 through March 15)
within 12 months after the commencement of the project referenced above. All pampas
grass shall be removed within Macario Canyon within 24 months after commencement
•
of the project: Any newly established or resprouted pampas grass within Macario
Canyon shall be removed in years 3, 4, and 5. 0
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Colonel Robert L. Davis (1- 7-F-51) 25
4.4 Conduct a cowbird trapping program within the Macario Canyon area. This cowbird
trapping program shall consist of five traps located in five accessible areas where
cowbirds-occur. Traps shall be monitored from March to September, and checked once
every day. Trapping methodology shall be in general conformance with techniques
described in Salata 1983. A scientific collecting permit from the California Department
of Fish and Game shall be obtained. Any other bird species caught shall be released.
An annual monitoring report on the trapping effort shall be submitted to the Service by
November 15th of each year.
5. In order to implement Reasonable and Prudent Measure number five, the Corps and the City
shall:
5.1 If the City fails to comply with any of the measures incorporated into the project to
minimize the impacts to federally listed species and their habitats, Reasonable and
Prudent Measures, or Terms and Conditions of this Biological Opinion, the Corps shall
suspend the 404 Clean Water Act permit until such time as the City is in compliance
with the Terms and Conditions of this Biological Opinion. The Corps shall notify the
City in a written letter of the City's non-compliance with the Terms and Conditions of
this Biological Opinion.
Upon locating a dead, injured, or sick endangered or threatened species specimen, initial
notification must be made to the nearest Service Law Enforcement Office [e.g. Torrance (3 10)
984-00621. Care should be taken in handling sick or injured specimens to ensure effective
treatment and care in handling dead specimens to preserve biological material in the best possible
state for later analysis of cause of death. In conjunction with the care of sick or injured
endangered species or preservation of biological materials from a dead animal, the finder has the
responsibility to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed.
The Service's Carlsbad Office is to be notified within three working days should any
threatened or endangered species be found dead or injured during this project. Notification must
include the date, time, and location of the carcass; and any other pertinent information. Dead
animals may be marked in an appropriate manner, photographed, and left on-site. Injured
animals should be transported to a qualified veterinarian. Should any treated animals survive, the
Service should be contacted regarding the final disposition of the animals. The Service contact
person is Jeff Manning and may be contacted at the letterhead address or at (760) 431-9440.
Section 7(a)( 1) of the Act directs Federal agencies to utilize their authorities to further the
purposes of the Act by carrying out conservation programs for the benefit of endangered and
threatened species. The term "conservation recommendations" has been defined as suggestions
of the Service regarding discretionary measures to minimize or avoid adverse effects of a
proposed action on listed species or critical habitat or regarding the development of information.
(10/8/97) fi1e:\consu1t\canonrd\cannrd.bo2
Colonel Robert LDavis (I '.7-F-5 1) 26
The recommendations provided here relate only to the proposed action and do not necessarily
represent complete fulfillment of the agency's 7(a)(1) responsibility for these species.
Strictly enforce all regulations pursuant to Section 404 of the Clean Water Act which
provide for active enforcement of unauthorized discharge of fill material into riparian
woodland wetlands and waters of the United States.
The Corps should assess the success of various measures for mitigating action-related direct
or indirect impacts to vireos and their habitat. Thus far, it is apparent that successful
creation of vireo habitat has been achieved by relatively few revegetation specialists. The
Corps should review past riparian revegetation resulting from previous Corps permits, and
assess the success of these revegetation efforts to determine if remedial measures should be
incorporated into permits.
In order for the Service to be kept informed of actions that either minimize or avoid adverse
effects or threats to listed species or their habitats, the Service requests notification of the
implementation of any conservation recommendations.
Conclusion
This concludes formal consultation on the (project name). As required by 50 CFR 402.16,
reinitiation of formal consultation is required if: 1) the amount or extent of incidental take
authorized in this biological opinion is exceeded; 2) if new information becomes available that
reveals effects of the action that may affect listed species or critical habitat in a manner or to an
extent not considered in this opinion; 3) if the action is subsequently modified in a manner that
causes an effect to listed species or critical habitat not considered in this opinion; or 4) if a new
species is..listed or critical habitat designated that may be affected by the action. We would
appreciate notification of your final decisiOn on this matter. Any questions or comments should
be directed to staff biologist Jeff Manning of this office at (760) 431-9440.
Sincerely,
- 4 J Q
)G ail C.' erich
Field Supervisor
cc: CCC, San Diego (Ann: Bill Ponder)
CDF&G, Long Beach (Attn: Terry Dickerson)
CDF&G, San Diego (Attn: Dave Lawhead)
EPA, San Francisco (Ann: Rebecca Tuden)
City of Carlsbad, Dept. of Planning (Attn: Don Rideout)
(1018197) file:\consult\canonrd'annrd.bo2
Colonel Robert'L. Davis (1- 7-F-51) 27 . LITERATURE CITED
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Colonel Robert L. Davis (1-k .t-F-51) 30
Sàlata, L. 1988. Status of the Least Bell's Vireo at Camp Pôndleton, California. U.S. Fish and
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Bell's vireo locations. Received by the Service and dated July 14, 1997.
Wilbur, S. 1980. Status report on the Least Bell's Vireo. Unpublished report, U.S. Fish and
Wildlife Service, Region 1, 'Portland, Oregon.
Whitfield, M.J. 1990. Willow flycatcher reproductive response to brown-headed cowbird
parasitism. Master's Thesis, California State. University, Chico; Chico, California.
Willett, G. 1912. Birds of the Pacific Slope of Southern California. Pacific Coast Avifauna No. . 7..
11
(10/8/97) fik:consuttcanonrd\cannrd.bo2
Colonel Robert L. Davis (1-6 -F-51) 31
Willett, G. 1933. A Revised List of.the Birds of Southwestern California. Pacific Coast
Avifauna. No. 21.
Zembal, R. 1984 Santa Margarita River Project, San Diego County, California. Fish and.
Wildlife Coordination Act Report, United States Fish and Wildlife Service, Laguna
Niguel, California. 91 pp. plus appendices (267 pp.).
Zembal, R., K. Kramer, and R. Bransfield. 1985. Survey of Vegetation and Vertebrate Fauna in
the Prado Basin and the Santa Ana River Canyon, California. Unpublished report, U.S.
Fish and Wildlife Service, Laguna Niguel, California. • •
0/8/97) file: \consultcanonrthcannrd.bo2
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CALIFORNIA DEPARTMENT OF FISH AND CAME
330 Golden Shore, Suite SO
Long Beach, California 90802
Notification No.5-044-97
Page ...Lof
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish and Game,
hereinafter called the Department, and Bud Lewis of City of Carlsbad: 2075 Las Palmas Dr.
Carlsbad. CA 92009: (760) 438-1161 X 4427: State of £a1ifoinia, hereinafter called the Operator, is as follows:
WHEREAS, pursuant to Section jkQL of California Fish and Game Code, the Operator, on the..4. day of Februaiy . 1992. notified the Department that they intend to divert or obstruct the natural flow of,
or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s):
Hedionda Lagoon. San Diego County, California, Section Carlsbad Corporate BodvTowtip11S
Range 4W
WHEREAS, the Department has determined that such operations may substantially adversely affect
those existing fish and wildlife resources within Agus Hedionda Creek. trihutaryio Agua Hedionda . Lagoon. and an unnamed tributary to Agua Hedionda Lagoon , specifically identified as follows:
rentiles: western fence lizard: birds: yellow warbler. song marrow. least Bell's vireo cthwtrn
woodpecker long-billed .marsh wren- American avocetjeast sandpiper. killdeer-- mammals: coyote.
cottontail rabbit: riparian. brackish marsh and salt marsh vegetation which provides habitat for those
species; willnws.cattails. Salicornia: and all other aquatic and wildlife resouçces, including that riparian vegetation which provides habitat for such species in the area.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's work. The Operator hereby agrees to accept the following measures/conditions as part of
the proposed work.
If the Operator's work changes from that staled in the notification specified above, this Agreement is
no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure
to comply with the provisions of this Agreement and with other pertinent code sections, including but
not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution.
Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it
relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or
ordinances. A consummated Agreement does not constitute Department of Fish and Genie endorsement
of the proposed operation, or assure the Department's concurrence with permits required from other
agencies.
This AgleeMcat becomes effectLye the date of Dgpa=ent'.%siunA= and terminates August 31- 2ML r shall remain in effect fnr that time necessaa to satis
L.
SO(d 69L9 tt' zO JJD
Pagel of
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-044-97
The following provisions constitute the limit of activities agreed to and resolved by this Agreement.
The signing of this Agreement does not imply that the Operator is precluded from doing other activities
at the site. However, activities not specifically agreed to and resolved by this Agreement shall be
subject to separate notification pursuant to Fish and Game Code Sections 1600 et seq.
The Operator proposes to alter the streambed to construct the Cannon Road Improvement Project, a
four-lane major road connection (1.54 miles x 102 feet) between Interstate 5 and El Camino Real,
impacting 3.32 acres of stream (2.64 permanently and 0.68 temporarily). The project consists of
Reaches] and 2, located on the south side of Agua Hedionda Lagoon in the City of Carlsbad. Reach 1
includes an approximate 450-foot bridge over Macario Canyon and its unnamed creek. Reach 2 includes
an approximate 130-foot bridge over Agua Hedionda Creek at El Camino Real.
Notifications 5-044-97 and 5-045-97 for both Reaches 1 and 2 have been combined and are included
under this one Streambed Alteration Agreement. This Streanibed Alteration Agreement replaces
Streambed Agreement 5-273-89, which had expired.
3. The agreed work includes activities associated with No.2 above. The project area is located in Agua
Hcdiondli Creek, tributary to Agua Hediontia Lagoon and AU unnamedtributary to Agua Hedionda
Lagoon, San Diego County. Specific work areas and mitigation measures are described on/in the plans
and documents submitted by the Operator, including onceptuaLWetlands Mitigation Plan for Reaches
•
I and of the Cannon Road Extenspn Project". prepared by Tetra Tech? lnc..ilatedianuary 1997:
Addendum to Conceptual Mitigation Plan for Cannon Road Extension Proiect Reaches I and 2"
prepared by Tetra Tech. Inc. and dated February 20L1998: Biological Opinion ou..thc..Cannon Road
(Reach I and 2) Permit Application No-97-2.0 13 and 97-20131 -TCD. City of Carlsbad.
1 JC 11\" ,4.,..4 Q tOol k.,+1.- TTV11C. A.-
and shall be implemented as proposed unless
directed differently by this agreement.
The Operator shall not impact more than 2.64 acres of stream permanently (Reach I: southern willow
scrub - 1.0 acre direct, 0.8 acre shading; brackish marsh - 0.01 acre direct, 0.10 acre shading; Reach 2:
southern willow scrub - 0.59 acre direct; open water - 0.14 acre direct) and 0.68 acres southern willow
riparian habitat temporarily. No other temporary or permanent impacts shall occur.
The Operator shall mitigate as described in the submitted documents, with the creation of 6.34 acres
of wetland habitat: 6.07 acres of vireo-quality southern willow riparian habitat, 0.13 acre of brackish
marsh and 0.14 acre of open water. The identified locations are as follows:
Macano Canyon, southern boundary of Agua Hedionda Lagoon -4.1 acres;
Kelly Ranch (access road), adjacent to El Camino Real at Hidden Valley Road - 0.44 acre;
West and across from Agua Hedionda Creek from site B - 1.3 acres; and
Adjacent to Park Drive - 0.5 acre.
The 0.68 acres of temporary impacts to southern willow riparian habitat shall be restored within 1 year
of impact and no later than March 15 • 2000-
All mitigation installation (except for the 0.44 acre of mitigation at Kelly Ranch) for permanent impacts
•
shall be initiated concurrent or in-advance of project impacts, and shall be fully installed within ..fL days
of project initiation and no later thanApril 30 - 1999. The 0.44 acre of mitigation at Kelly Ranch shall
be installed no later than March 15 - 200.
CJ Tt-' 139!
0 Page-1 of
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-044-97
A security (e.g. an irrevocable letter of credit, pledge savings account or CD) for the amount of
complete restoration, maintenance and monitoring for a minimum of 6.34 acres wetland habitat to be
created shall be submitted to the Department prior to initiation of construction activities. If the project
impacts are phased, only that portion of the security to cover the mitigation for those impacts needs to he
submitted to the Department prior to initiation of each phase of the construction activities. This amount
shall be based on the cost estimate by the Operator: estimate of per acre cost of wetland creation
including grading, installation, irrigation, 5-year maintenance monitoring, and 5-year least Bell's vireo
monitoring is $114,420 per acre. The security shall be approved by the Deparunent's legal advisors prior
to its execution, and shall allow the Department at its sole discretion to recover funds immediately if the
Department determines there has been a default The legal advisors can be contacted at (916) 654-3821.
Be advised, the Operator shall obtain a California Endangered Species Act Management Take Permit
for least Bell's vireo and southwestern willow flycatcher prior to project initiation. The Permit 2081-
1998-05.5 is currently being processed.
Prior to project initiation, the Operator shall submit to the Department the amended Biological
Opinion for this project and the Army Corps 404 permit(s).
All terms and conditions under the federal Biological Opinion No. I-6-97-F-51 and special
conditions of the Army Corps permit(s) 97-20130-lCD and 97-20131-TCD shall be enforceable by the
Department under this agreement.
No pile driving shall occur from March 1 to September 1 to avoid any indirect noise impacts to
nesting birds.
1.1. Be advised that the coastal sage scrub habitat impacts must meet current restrictions, and mitigation
shall be determined, through the NCCP and the Federal Endangered Species Act process.
The Operator shall not remove vegetation within the stream from March 1 to September 15 to avoid
impacts to nesting birds. However, the Operator may remove vegetation from March 1 to April 1 IF: 1..
Surveys for nesting birds shall be conducted by a qualified biologist within 24 hours of an area's
vegetation removal; AND 2. This survey/report shall be FAXed to the San Diego office at (619) 467-
4299; AND 3. A qualified biologist shall supervise and be on site during ALL clearing of vegetation;
AND 4.No cutting/clearing of vegetation shall occur if ANY nesting birds are on site. The
Department recommends the cutting of all necessary vegetation first, and then the clearing, as safety
allows.
The perimeter of the work site she be adequately flagged and fenced to prevent damage to adjacent
riparian habitat. This work shall be supervised by a qualified biologist. The work corridor shall not
exceed 90 feet on either side of the bridge sites,
A qualified biologist shall monitor activities on site and submit a construction monitoring report
monthly to the Department It shall include the status of the project regarding habitat'resource issues,
such as: nesting birds, flagging, fencing, vegetation clearing, pile driving, mitigation grading.
compliance with agency conditions, any other pertinent fish and wildlife resource issues. The . Department shall be contacted immediately if any nesting birds are observed and any habitat clearing
shall cease immediately.
PageA. of I
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-044-97
No equipment shall be operated in ponded or flowing areas. When work in a flowing stream is
unavoidable, the entire stream flow shall be diverted around the work area by a barrier, temporary
culvert, new channel, or other means approved by the Department. Construction of the barrier and/or the
new channel shall normally begin in the downstream area and continue in an upstream direction, and the
flow shall be diverted only when construction of the diversion is completed. Channel bank or barrier
construction shall be adequate to prevent seepage into or from the work area. Channel banks or barriers
shall not be made of earth or other substances subject to erosion unless first enclosed by sheet piling,
rock rip-rap, or other protective material. The enclosure and the supportive material shall be removed
when the work is completed and removal shall normally proceed from downstream in an upstream
direction.
Disturbance or removal of vegetation shall not exceed the limits approved by the Department. The
disturbed portions of any stream channel shall be restored. Restoration shall include the revegetation of
stripped or exposed areas with vegetation native to the area.
installation of bridges, culverts, or other structures shall be such that water flow is not impaired.
Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of permanent culverts
shall be placed at or below stream channel grade. . 18. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable
areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or
other work trails to control erosion.
Water containing mud, silt or other pollutants from aggregate washing or other activities shall not be
allowed to enter a lake or flowing steam or placed in locations that may be subjected to high storm
flows.
Structures and associated materials not designed to withstand high seasonal flows shall be removed
to areas above the high water mark before such flows occur.
Staging/storage areas for equipment and materials shall be located outside of the stream.
The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and
employees shall also obey these laws and it shall be the responsibility of the operator to ensure
compliance.
If a streams low flow channel, bed or banks/lake bed or banks have been altered, these shall be
returned as nearly as possible to their original configuration and width, without creating future erosion
problems.
All created wetlands habitat must be free of irrigation for a minimum of one dry season (April 1 -
October 1) and meet agency-approved success criteria. The criteria shall include meeting 5-year
performance standards for growth and coverage, and be approved by the agencies as vireo-quality
habitat (i.e. contains new least Bell's vireo nesting territories and/or meets coverage/strata guidelines for . least Bell's vireo). All planting shall have a minimum of 80% survival the first year and 100% survival
thereafter and/or shall attain 75% cover after 3 years and 90% cover after 5 years for the life of the
project. If the survival and cover requirements have not been met, the Operator is responsible for
replacement planting to achieve these requirements. Replacement plants shall be monitored with the
same survival and growth requirements for 5 years after planting. All created and restored southern
willow riparian habitat shall meet virco-quality habitat standards.
c r:t o., si: do A1TC 60 BE-I-IHI
Page 5 of (L
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-044-97
All planting shall be done between October 1 and April 30 to take advantage of the winter rainy
season, or shall be irrigated to ensure survival.
An annual report shall be submitted to the Department by Jan. 1 of each year for 5 years after
planting. This report shall include the survival, % cover, and height of both tree and shrub species. The
number by species of plants replaced, an overview of the revegetation effort, and the method used to
assess these parameters and vireo surveys shall also be included. Photos from designated photo stations
shall be included.
Access to the work site shall be via existing roads and access ramps.
Spoil sites shall not be located within a stream/lake, where spoil shall be washed back into a
stream/lake, or where it will cover aquatic or riparian vegetation..
Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other
petroleum products, or any other substances which could be hazardous to aquatic life, resulting from
project related activities, shall be prevented from contaminating the soil and/or entering the waters of the
state. These materials, placed within or where they may enter a stream/lake, by Operator or any party
working under contract, or with the permission of the Operator, shall be removed immediately.
No debris, soil,' silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil
or petroleum products -Or other organic or earthen material from any construction, or associated activity
of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff
into, waters of the State. When operations are completed, any excess materials or debris shall be
removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of
any stream or lake.
No equipment maintenance shall be done within or near any stream channel where petroleum
products or other pollutants from the equipment may enter these areas under any flow.
The Operator shall provide a copy of this Agreement to' all contractors, subcontractors, and the
Operator's project supervisors. Copies'Of the Agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or,
personnel from another agency upon demand.
The Department reserves the right to enter the project site at any time to ensure compliance with
terms/conditions of this Agreement.
The Operator shall notify the Department, In writing, at Least five (5) days prior to initiation of
construction (project) activities and at least five(S) days prior .to completion of construction
(project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long
Beach, CA 90802, Attn: ES.
8ø'.øc 69k; tes. as-ie: dc AID c:6 E6ET-BT-'H:
BUd 1.LO1.
STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NUMBER: 5-044-97
35. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protective features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement. It Is further agreed all
liability and/or incurred cost related to or arising out of the Operator's project and the fish and. wildlife protective conditions of this agreement, remain the sole responsibility of the Operator.
The Operator agrees to hold harmless the State of California and the Department of Fish and Game against any related claim made by any. party or parties for personal injury or any other damages.
36. The Department reserves the right to suspend or cancel-this Agreement for other reasons, including but not limited to the following:
The Department determines that the information provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate;
The Department obtains new information that was not known to it in preparing the terms and
conditions of the Agreement; .
The project or project activities as described in the Notification/Agreement have changed: The conditions affecting fish and wildlife resources change or the Department determines that
project activities will result in a substantial adverse effect on the environment;
37. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) working days.froni the date of receipt of this notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day
response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when
the Department notifies the Operator in writing that adequate methods and/or measures have been
identified and agreed upon to mitigate or eliminate the significant adverse effect.
CONCURRENCE
(Operator's name)
£-i-r yrc ck 'e'i
(signfre) (date)
UOYt S. (-L) 2f
California Dept. of Fish and Game
k:
(signature) (date)
80/B0"d 69LS T. . . . aisiei: : .'..i
. ATTACHMENT 5
V MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
CDFG Incidental Take Permit 2081-1998-05-5 V
PURPOSE OF THE MMR PROGRAM
The purpose of the program is to ensure that the mitigation measures required by the Department of Fish and
Game ("Department') for the Cannon Road West project are properly implemented. The checklist included with
this program provides a mechanism for monitoring the mitigation measures in compliance with the California
Environmental Quality Act, and general guidelines for the use and implementation of the monitoring program are
described below. V
OBLIGATIONS OF THE CITY OF CARLSBAD.
The City of Carlsbad ("Carlsbad") shall have primary responsibility for monitoring compliance with all mitigation
measures included by the Department as conditions of approval for the Incidental Take Permit ("Permit") for the
project. Mitigation measures must be implemented within the time periods indicated in the checklist that appears
V below. In addition to monitorng and reporting implementation of the mitigation measures set forth in the checklist,
Carlsbad shalt: V V
Immediately notify the Department if its monitoring reveals that any of the mitigation measures
were not implemented during the period indicated in this program, or if it anticipates that measures
will not be implemented within the time period specified.
Provide the Department with the following reports: (1) annual reports, due every January 1 for as
long as project construction continues, that indicate the status of mitigation measures and that
highlight any measures that have not been implemented as scheduled, and (2) no more than 90
V days after completion of project construction, a post-construction report that identifies the pre-
construction and construction mitigation measures that were fully implemented and, if any such
measures were not fully implemented, a description and explanation of all known instances of non-
compliance. Carlsbad may provide an up-to-date copy of the checklist showing current status of
individual mitigation measures to satisfy the reporting requirements, attaching supplementary
materials as necessary to fully explain the status of mitigation.
V
C. • Allow Department employees to enter the project area to verify compliance with mitigation
V measures or to assess effectiveness of those measures. Carlsbad may place reasonable
restrictions on Department employees' access to the property provided those restrictions do not
interfere with the Department's ability to monitor the implementation or effectiveness of the
mitigation measures.
VERIFICATION OF COMPLIANCE
The Department may verify compliance with take avoidance and mitigation measures to ensure the accuracy of
Carlsbad's monitoring and reporting efforts. The Department may, at its sole discretion, review relevant project
documents maintained by Carlsbad, interview Carlsbad employees and agents, inspect the project area, and take
. MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project.
other actions to assess compliance with or effectiveness of mitigation measures for the project. Carlsbad's
obligation to fully comply with all Permit conditions does not end with the expiration of the term of the Permit.
MITIGATION MONITORING CHECKLIST
The following items are identified for each mitigation measure to ensure proper implementation and establish a
monitoring system: Mitigation measure, implementation schedule, and monitoring reporting. Adescnption of
these items is provided below.
Implementation Schedule
The mitigation measures required for the Cannon Road West project will be implemented at various times as
development proceeds and during operation. Some measures mustbe implemented during construction activities,
while others must be implemented when the roadway is developed and in operation. For each mitigation measure,
the implementation schedule is identified as Pre-Construction, During Construction and Post Construction (during
operation).
Monitoring/Reporting Agency .For each mitigation measure, the Monitoring Agency is identified. The monitoring agency is responsible for
ensuring that the mitigation measures are proprIy implemented. City departments charged with community
development, resource management, infrastructure and public services are typically assigned monitoring
responsibilities.
Status (verified date initialed)
The Status column of the checklist has been intentionally left blank. City staff will use this column to make notes
about the progress made in implementing. each measure. Upon full implementation of the measure, the
completion date will be entered and initialed. . .
2
S
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
-
Implementation : Monitoring & Status
- Mitigation Measure Schedule Reporting Agency
1 Ensure that construction activities within or adjacent to vireo or southwestern willow
flycatcher habitat or within 300 feet of riparian habitat shall be perfornied outside of Pre construction City of Carlsbad Written into the Project
the breeding season (September 15 through March 1 5). Construction outside of the Specifications, section 7-5.2a
300-foot area shall not exceed noise levels of 60 dBA Leq. measured at 50 feet from Habitat identified on project
the riparian boundary. Activities that may result in clearing riparian vegetation or plans DWG 333-2G sheets 7,
exceeding 60 dBA Leq. during maintenance of project features in or adjacent to 9-14
riparian habitat within the project area and at the mitigation site shall be performed
outside of the breeding season of the referenced species (September 15 through
March 15).
2 Ensure that a solid, three-foot high sound barrier is constructed on the north side and
a solid, four-foot high sound barrier on the south side of the Reach I bridge, spanning Pre construction City of Carlsbad Barrier shown on project plans
Macario Canyon during construction and prior to vehicle use of the bridge. During construction DWG 333-2G, sheets 76 and
Post construction 78
3 Ensure that "close grade asphalt" road surface material is utilized during the
construction and maintenance of the road surface on Reach I bridge, spanning Pre construction City of Carlsbad Shown on project plans DWG
Macario Canyon, the Reach 2 bridge, spanning Agua Hedionda Creek, and the entire During construction 333-2G sheet 1, work to be
non-bridge portions of road surface spanning the entire 1.54 mile length of Cannon Post construction done section
- Road, Reaches 1 and 2.
4 Ensure that 3.31 acres of least Bell's vireo and southwestern willow flycatcher
habitats (2.63 acres for permanent impacts plus 0.68 acre for temporary impacts) are Pre construction City of Carlsbad Shown on project plans DWG
created in Macario Canyon prior to commencement of the above referenced project. 333-2GA, 2GB and 2GC. 4
The creation site shall be located at the site referenced in Attachment 2 of the federal areas
Biological Opinion prior to commencement of the above referenced project. This Area A-Plant establishment
creation effort shall be in accordance with the grading, planting, irrigation, period 5/16/98-8/6/98
maintenance, and monitoring plan that is described in the Conceptual Wetlands Area B-Install Fall 1999
Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated Area c & D-Install Fall 1998
January 1997, and the table titled Container plant species for wetland creation for
Cannon Road West Reaches 1 and 2, provided to the Service on June 24, 1997
(Attachment 7).
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
Implementation Monitoring & Status :: Mitigation Measure Schedule:. Reporting Agency
5 Ensure that a 100-foot wide biological upland buffer is established on the easterly
side of the riparian mitigation site prior to commencement of the project referenced Pre construction City of Carlsbad Referenced in Specification above. Lights within the park shall be designed and placed in such a manner as to and shown on plans DWG ensure no spillage of light within the mitigation site or 100-foot wide biological, upland 333-2GC, sheet 12. Install buffer. Sept. 1998. Parcel 3 and 4 of
open space grant deed to
Coastal Commission.
6 Provide for permanent protection of the riparian mitigation area and its biological
upland buffer in Macario Canyon'as natural wildlife habitat through the establishment Pre construction City of Carlsbad California Coastal Commission
of a perpetual conservation easement. Irrevocable Offer to Dedicate
Open Space Easement and
Declaration of Restrictions
rcorded Feb. 27, 1998 F/N
1998-0103878
7 Ensure that the riparian mitigation site achievs the intended success criteria prior to
commencement of the above referenced project. Success is anticipated to be Pre construction City of Carlsbad Annual reporting for achieved within 12 months from the initiation of site preparation at the riparian During Construction horticultural monitoring. Bi- mitigation site, as stated in the Conceptual Wetlands Mitigation Plan for Reaches 1 Post Construction annual reporting for botanical.
and 2 of the Cannon Road Extension Project, dated January 1997. Detailed in conceptual
mitigation Plan for Cannon
Road West dated January
1997 and February 1998 Area
A, B, C, D will each have
distinct reporting schedule.
8 Ensure that all monitoring reports identify any necessary remedial measures for those
portions of the riparian mitigation site that do not meet the success criteria specified Pre construction City of Carlsbad
in Term and Condition 2.5 of the Biological Opinion and in the Conceptual Wetlands During Construction
Mitigation Plan for Reaches 1 and 2 of the Cannon Road Extension Project, dated Post Construction
- January 1997. 1
.4
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
- Implementation Monitoring & Status
- Mitiqatlon Measure SheduIe Reporting Agency
9 Ensure that limits of construction, personnel, and equipment are clearly defined.
These clearly defined limits shall include areas identified for construction, staging, Pre construction City of Carlsbad Shown on project plans DWG and storage; locations intended for delivering, preparing, and dispersing petroleum During Construction 333-2G, sheets 3-16, 20, 35
products (i.e. gas, oil, asphalt), concrete, and other substances hazardous to aquatic and in project specification life; and places selected for maintenance and refueling of construction equipment and section 7-5.2C.
vehicles. Construction activity zones and storage areas shall be clearly demarcated
on site with safety fencing or its equivalent to prevent inadvertent disturbance of
sensitive habitats including all riparian, coastal sage scrub, fresh and brackish water
- marsh habitats.
10 Ensure that a drift fence is placed between construction zones and wetland, riparian,
and other sensitive habitats to prevent sediments from entering these habitats during Pre construction City of Carlsbad Shown on project plans DWG
construction. Drift fencing shall be placed prior to construction, and shall be removed During Construction 333-2G, sheets 119, 124 - 127 within 12 months following completion of construction. Drift fencing shall be placed S and 131 and in project and removed during the non-breeding seasons for the referenced species (September specifications section 7-5.2d.
- 15 through March 15).
11 Limit all direct disturbance of potential/occupied least Bell's vireo, southwestern willow
flycatcher, and/or coastal California gnatcatcher habitats associated with the project During Construction City of Carlsbad Location of riparian habitat to those areas stipulated in the description of the action. Clearing of riparian noted on project plans and
vegetation for construction or operations shall not occur from March 15 to September wording in specifications 7-5- 15 of any calendar given year. Any riparian, other wetland habitat, or coastal sage 2a. Wetland habitat was scrub vegetation accidentally, temporarily destroyed in the project area, or vicinity of cleared in Spring 1998.
the project area, shall be revegetated within 12 months of the temporary impact. Any
riparian or other wetland habitat accidentally permanently destroyed in the project
area or vicinity of the project area shall be immediately replaced at a ratio of one acre
replaced (through wetland creation) for each acre disturbed or destroyed based on
-I a plan approved by the Service. -
S
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
- ......... . ............ ...... ...... ................... .. ... .............
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. Implementation Monitoring & Status.
Mitigation Measure . . Schedule Reporting Agency
12 Ensure that all riparian and other wetland restoration sites resulting from temporary
impacts are irrigated in accordance with the measure proposed by the City and
described in project measure number three in the section titled 'Desbription of the Post construction City of Carlsbad
Proposed Action in the Biological Opinion. Planting specifications, maintenance,
monitoring, success, and reporting shall be in accordance with that described in the
Conceptual Wetlands Mitigation Plan for Reaches 1 and 2 of the Cannon Road
Extension Project, dated January 1997.
13 Remove/eradicate/control invasive weeds from all riparian areas directly disturbed by
construction or operations for not less than five years from initiation of construction. Post construction City of Carlsbad Discussed in conceptual
mitigation plan section 5.7 and
6.0.
14 Ensure that areas subject to contact with wet concrete shall be de-watered or have
surface flows diverted until all concrete is fully set. During construction City of Carlsbad Required by project
specifications section 303-
______________________________________________________________
1.8.1.
15 Ensure that no night-time lighting.will be used as part of construction or operations in
areas of the project that are within 500 feet from least Bells vireo and southwestern During construction City of Carlsbad Required by project
- willow flycatcher habitat. . specifications 7-5.2b.
16 Ensure that all employees/agents of the applicant with responsibilities that affect the
action area shall be: 1) informed of the sensitivity of the habitat areas and the Pre construction City of Carlsbad Required by project presence of the listed and protected species accommodated therein; and 2) instructed During construction specifications
as to the content of the Corps permit, the Biological Opinion, and the special permit Post construction 7-5.2
- conditions and terms and conditions delineated herein.
17 Ensure that all construction haul roads shall utilize existing paved and dirt roads. No
widening of the existing dirt roads shall be allowed if impacts to native vegetation will During construction City of Carlsbad Required by project occur. specifications
section 7-5.2
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
.. . ...... ................................ . .. .. ......... . ... . .
.........mplementatio onorng &...Status
Mitigation Measure •. .
18 Ensure a contribution of $150,000 (12.4%) and payment for any outstanding start-up
costs toward the total $1.2 million endowment for wildlife management practices on Pre construction City of Carlsbad City Council Resolution 98-153 the 186-acre site described in the P.A.R. prepared by the Center for Natural Lands adopted 5/9/98
Management. These funds shall be placed into an interest bearing account prior to
commencement of construction activities for the Cannon Road Reaches 1 and 2
project. Documentation of any outstanding start-up costs shall be provided to the
Service and Corps, and funding for these outstanding costs shall be placed into the
interest bearing account with the wildlife management funds. Documentation of
establishing the non-wasting, interest bearing account shall be provided to the
Service prior to commencement of the construction activities for Cannon Road
- Reaches 1 and 2.
19 Work with the Service, Corps, Department of Fish and Game, and any other Pre construction
interested persons or organizations in obtaining funding for the remainder of the $1.2 During construction City of Carlsbad City continues to work with
- million cost for wildlife management practices intended for the 186-acre area. Post construction CDFG'
20 Remove pampas grass within 28 acres of wetlands in Macario Canyon for a five year
period. The first removal effort shall be initiated outside of the breeding season of the Pre construction City of Carlsbad Pampas grass removal least Bell's vireo and southwestern willow flycatcher (September 15 through March During construction initiated 3/98 by Native 15) within 12 months after the commencement of the project referenced above. All Post construction Landscape, Inc. Currently
pampas grass shall be removed within Macario Canyon within 24 months after under contract with City to
commencement of the project. Any newly established or resprouted pampas grass perform for five years total.
- within Macario Canyon shall be removed in years 3, 4, and 5.
21 Conduct a cowbird trapping program within the Macario Canyon area. This cowbird
trapping program shall consist of five traps located in five accessible areas where Pre construction City of Carlsbad Cowbird trapping initiated 3/98
cowbirds occur. Traps shall be monitored from March to September, and checked During construction by Native Landscape, Inc.
once every day. Trapping methodology shall be in general conformance with Post construction Annual reporting of results.
techniques described in Salata 1983. A scientific collecting permit from the California
Department of Fish and Game shall be obtained. Any other bird species caught shall
be released. An annual monitoring report on the trapping effort shall be submitted to
the Service by November 15" of each year.
C
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
Implementation Monitoring & Status
- Mitigation Measure SheduIo Reporting Agency
22 The Operator shall not impact more than 2.64 acres of stream permanently (Reach
1: southern willow scrub - 1.0 acre direct, 0.8 acre shading; brackish, marsh - 0.01 During construction City of Carlsbad Limits of work are identified on
acre direct, 0.10 acre shading; Reach 2: southern willow scrub - 0.59 acre direct; the plans
open water - 0.14 acre direct) and 0.68 acres southern willow riparian habitat
- temporarily. No other temporary or permanent impacts shall occur.
23 The Operator shall mitigate as described in the submitted documents with the creation
of 6.34 acres of wetland habitat: 6.07 acres of vireo-quality southern willow riparian Pre construction City of Carlsbad Identified on project plans
habitat, 0.13 acre of brackish marsh and 0.14 acre of open water. The identified During construction DWG 333-2GA, 2GB and 2GC.
locations are as follows: Area A" current in plant
establishment period. Annual
Macario Canyon, southern boundary of Agua Hedionda Lagoon - 4.1 acres; monitoring required.
Kelly Ranch, adjacent to El Camino Real at Hidden Valley Road - 0.44 acre;
C., West and across from Agua Hediorida Creek from site B - 1.3 acres; and
D. Adjacent to Park Drive - 0.5 acre.
The 0.68 acres of temporary impacts to southern willow riparian habitat shall be
restored within 1 year of impact and no later than March 15, 2000.
All mitigation installation (except for the 0.44 acre of mitigation at Kelly Ranch) for
permanent impacts shall be initiated concurrent or in advance of project impacts, and
shall be fully installed within 60 days of project initiation and no later than April 30,
1999. The 0.44 acre of mitigation at Kelly Ranch shall be installed no later than
- March 15, 2000.
24 A security (e.g., an irrevocable letter of credit, pledge savings account or CD) for the
amount of complete restoration, maintenance and monitoring for a minimum of 6.34 Pre construction City of Carlsbad City Council Resolution
acres wetland habitat to be created shall be submitted to the California Department
- of Fish and Game prior to initiation of construction activities.
25 No pile driving shall occur from March 1 to September 1 to avoid any indirect noise During construction City of Carlsbad Requirement in project
- impacts to nesting birds. specifications 7-5.2
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
- Implementation Monitoring & Status
- Mitigation Measure Schedule -------------- Reporting
26 The Operator shall not remove vegetation within the stream from March 1 to
September 15 to avoid impacts to nesting birds. However, the Operator may remove During Construction City of Carlsbad This work has been completed.
vegetation from March 1 to April 1 IF: 1. Surveys for nesting birds shall be conducted Report provided to CDFG and
by a qualified biologist within 24 hours of an areas vegetation removal; 2) AND 2: This USFWS.
survey/report shall be FAXed to the San Diego office at (619) 467-4299; AND 3. A
qualified biologist shall supervise and be on site during ALL clearing of vegetation;
AND 4. No cutting/clearing of vegetation shall occur if ANY nesting birds are on site.
The California Department of Fish and Game recommends the cutting of all
- necessary vegetation first, and then the clearing, as safety allows.
27 Immediate notification of California Department of Fish and Game is required if least During construction City of Carlsbad All riparian area have been
- Bell's vireo or southwestern willow flycatcher are identified in areas to be cleared: cleared.
28 The perimeter of the work site shall be adequately flagged and fenced to prevent
damage to adjacent riparian habitat. This work shall be supervised by a qualified Pre construction City of Carlsbad Requirement on project plans
- biologist. The work corridor shall not exceed 90 feet on either side of the bridge sites. During construction and in project specifications.
29 A qualified biologist shall monitor activities on site and submit a construction
monitoring report monthly to the California Department of Fish and Game. It shall During Construction City of Carlsbad City will provide for include the status of the project regarding habitat/resource issues, such as: nesting construction.
birds, flagging, fencing, vegetation clearing, pile driving, mitigation grading,
compliance with agency conditions, any other pertinent fish and wildlife resource
issues. The Department shall be contacted immediately if any nesting birds are
- observed and any habitat clearing shall cease immediately.
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
- Implementation Monitoring & Status
- Mitt gatlon Measure Schedule Reporting Agency
30 No equipment shall be operated in ponded or flowing areas. When work in a flowing
stream is unavoidable, the entire stream flow shall be diverted around the work area During Construction City of Carlsbad
by a barrier, temporary culvert, new channel, or other means approved by the
California Department of Fish and Game. Construction of the barrier and/or the new
channel shall normally begin in the downstream area and continue in an upstream
direction, and the flow shall be diverted only when construction of the diversion is
completed. Channel bank or barrier construction shall be adequate to prevent
seepage into or from the work area. Channel banks or barriers shall not be made of
earth or other substances subject to erosion unless first enclosed by sheet piling, rock
rip-rap, or other protective material. The enclosure and the supportive material shall
be removed when the work is completed and removal shall normally proceed from
- downstream in an upstream direction.
31 Disturbance or removal of vegetation shall not exceed the limits approved by the
California Department of Fish and Game. The disturbed portions of any stream During Construction City of Carlsbad
channel shall be restored. Restoration shall include the revegetation of stripped or
- exposed areas with vegetation native to the area.
32 Installation of bridges, culverts, or other structures shall be such that water flow is not
impaired. Bottoms of temporary culverts shall be placed at stream channel grade; During construction City of Carlsbad
- bottoms of permanent culverts shall be placed at or below stream channel grade.
33 Preparation shall be made so that runoff from steep, erodible surfaces will be diverted
into stable areas with little erosion potential. Frequent water checks shall be placed During construction City of Carlsbad
- on dirt roads, cat tracks, or other work trails to control erosion.
34 Water containing mud, silt or other pollutants from aggregate washing or other
activities shall not be allowed to enter a lake or flowing stream or placed in locations During construction City of Carlsbad
- that may be subjected to high storm flows.
35 Structures and associated materials not designed to withstand high seasonal flows
- shall be removed to areas above the high water mark before such flows occur. During construction City of Carlsbad
36 Staging/storage areas for equipment and materials shall be located outside of the
I - stream. During construction City of Carlsbad
10
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
- Implementation Monitoring & Status
- MItigation Measure Schedule Reporting Agency
37 The Operator shall comply with all litter and pollution laws. All contractors,
subcontractors and employees shall also obey these laws and it shall be the During construction City of Carlsbad
- responsibility of the operator to ensure compliance.
38 If a streams low flow channel, bed or banks/lake bed or banks have been altered,
these shalt be returned as nearly as possible to their original configuration and width, During construction City of Carlsbad
- without creating future erosion problems.
39 All created wetlands habitat must be free of irrigation for a minimum of one dry season
. (April 1 - October 1) and meet agency-approved success criteria. The criteria shall During construction City of Carlsbad
include meeting 5-year performance standards for growth and coverage, and be Post construction
approved by the agencies as vireo-quality habitat (i.e., contains new least Bells vireo
nesting territories and/or meets coverage/strata guidelines for least Bells vireo).
40 All planting shall be done between October 1 and April 30 to take advantage of the
- winter rainy season, or shall be irrigated to ensure survival. During construction City of Carlsbad
41 An annual report shall be submitted to the California Department of Fish and Game
by January 1 of each year for 5 years after planting. This report shall include the Post construction City of Carlsbad
survival, % cover, and height of both tree and shrub species. The number of species
of plants replaced, an Overview of the revegetation effort, and the method used to
assess these parameters and vireo surveys shalt also be included: Photos from
- designated photo stations shall be included.
42 Access to the work site shall be via existing roads and access ramps. During construction City of Carlsbad
43 Spoil sites shall not be located within a stream/lake, where spoil shall be washed back
- into a stream/lake, or where it will cover aquatic or riparian vegetation. During construction City of Carlsbad
44 Raw cement/concrete or washings thereof, asphalt, paint or other coating material, -
oil or other petroleum products, or any other substances which could be hazardous During construction City of Carlsbad
to aquatic life, resulting from project related activities, shall be prevented from
contaminating the soil and/or entering the waters of the state. These materials, -
placed within or where they may enter a stream/lake, by Operator or any party
working under contract, or with the permission of the Operator, shall be removed
immediately.
Il l
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71
MITIGATION MONITORING AND REPORTING (MMR) PROGRAM
City of Carlsbad, Cannon Road Project
.......... ....................... ...... ....... .... ..... . . .. ....... .... ............ . Implementation
.
Monitoring &
.... ............ ... .
Status
- Mitigation Measure Schedulo Reporting Agency
45 No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or
washings thereof, oil or petroleum products or other organic or earthen material from During construction City of Carlsbad
any construction, or associated activity of whatever nature shall be allowed to enter
into or placed where it may be washed by rainfall or runoff into, waters of the State.
When operations are completed, any excess materials or debris shall be removed
from the work area. No rubbish shall be deposited within 150 feet of the high water
- mark of any stream or lake.
46 No equipment maintenance shall be done within or near any stream channel where
petroleum products or other pollutants from the equipment may enter these areas During construction City of Carlsbad
- under any flow.
47 The California Department of Fish and Game reserves the right to enter the project
- site at any time to ensure compliance with terms/conditions of this Agreement. During construction City of Carlsbad
48 Compliance with the entirety of the conceptual wetlands mitigation Plan, January,
1997 and February 28, 1998 Addendum. Pre construction, City of Carlsbad
- During construction
Post construction
49 Provide the Department of Fish and Game with annual reports, due every January 1
for as long as project construction continues, that indicate the status of mitigation Every January 1 City of Carlsbad
measures and that highlight any measures that have not been implemented as during construction
scheduled. Carlsbad may provide an up-to-date copy of the checklist showing current
status of individual mitigation measures to satisfy the reporting requirements,
attaching supplementary materials as necessary to fully explain the status of
mitigation.
50 Provide the Department with a post-construction report that identifies the pre-
construction and construction mitigation measures that were fully implemented and, Within 90 days of City of Carlsbad
if any such measures were not fully implemented, a description and explanation of all completion of
known instances of non-compliance. Carlsbad may provide an up-to-date copy of the construction
checklist showing current status of individual mitigation measures to satisfy the - reporting requirements, attaching supplementary materials as necessary to fully
- explain the status of mitigation.
12
ATTACHMENT 6
CALIFORNIA DEPARTMENT 'OF FISH AND GAME
CALIFORNIA INCIDENTAL TAKE PERMIT'
NO. 2081-1998-05-5 (Cannon Road, City of Carlsbad)
CEQA FINDINGS
INTRODUCTION:
The California Environmental Quality Act ("CEQA"; Public Resources Code §21000, et
seq.), and the State CEQA Guidelines ("Guidelines"; 14 Cal. Code Regs. 15000, et seq.) require
that prior to reaching a decision on a project, a Responsible Agency must consider the
environmental effects of the project as shown in' the Environmental Impact Report ("EIR") or
Negative Declaration prepared by the lead agency.
As the lead agency for the Cannon 'Road Improvement Project, the City of Carlsbad
adopted a mitigated negative declaration, State Clearinghouse No. 96091058, and approved the
project on October 28, 1997. The California Department of Fish and Game ("CDFG") is issuing
a California Incidental Take Permit ("Permit") to the project applicant, the City of Carlsbad. The
applicant proposes to construct a 1.54-mile, four-lane extension of Cannon Road west of El
Camino Real and south of Agua Hedionda Lagoon.
CDFG is a responsible agency under CEQA for the purpose of approving the Permit
'necessitated by the lead agency's proposed project. As a CEQA responsible agency, CDFG is
required by Guideline §15096 to review the environmental document certified by the lead agency
approving the project and to make certain findings concerning the project's potential to cause
significant, adverse environmental effects. However, when considering alternatives and mitigation
measures approved by the lead agency, a responsible agency is more limited than the lead agency.
CDFG has responsibility for mitigating,, minimizing or avoiding only the direct or indirect
environmental effects on species' protected by the California Endangered Species Act.
FINDINGS:
CDFG has considered the mitigated negative declaration adopted by the lead agency.
CDFG has independently concluded that the Permit should be issued under the terms and
conditions specified therein. CDFG finds that with the mitigation measures incorporated into the
Permit, there will be no significant effect from the proposed project on species protected by the
California Endangered Species Act. The following mitigation measures are among those that have
been incorporated as conditions of approval of the Permit:
-- All construction within 300 feet of riparian habitat will be conducted between September
15 and March 15 to avoid the breeding seasons for the least Bell's vireo and willow
flycatcher.
Page 1 of 2
CEQA Findings, Page 2
-- The project will be constructed and designed to reduce noise in habitat areas. Pile
driving will not occur between March 1 and September 1.
-- 6.34 acres of wetlands habitat will be created, and habitat created in Macario Canyon
will be protected by an upland buffer and by a conservation easement. Carlsbad will
provide $725,423 in security to ensure that this habitat will be created.
-- Construction zones will be clearly delineated to limit impacts to habitat, and drift fencing
will be installed to prevent sediments from entering habitat areas.
-- $150,000 will be contributed to an endowment for long-term wildlife management on
a 186-acre site, and efforts will be made to obtain additional funding for the endowment.,
-- Pampas grass will be removed from Macario Canyon wetlands and a cowbird trapping
program will be conducted in the area.
-- A biologist will monitor construction activities and the presence of vireos and
flycatchers, and monitoring reports will be submitted regularly to the Department. . CDFG finds that the Mitigation Monitoring and Reporting Program attached to the Permit
will ensure compliance with mitigation measures by requiring the applicant to monitor and report
progress in implementing those measures for review by CDFG staff.
The Mitigation Monitoring and Reporting Program (Attachment 5 of the Permit) is adopted.
The Project is approved..
DATE: August 1998 .
Ron Rempel, Regional Manager, Region 5 •
CALIFORNIA DEPARTMENT OF FISH AND GAME
Page 2 of 2
ATTACHMENT 7
HABITAT MANAGEMENT LANDS ACQUISITION CHECKLIST
The following checklist is provided for your convenience and to expedite Department
processing of your Habitat Management Lands acquisition proposal. This list indicates the
appropriate real estate documents which must be provided to the Department of Fish and Game
so that review and formal acceptance can be accomplished. Any land acquisition processing
requests which are incomplete, when received, will be returned.
O Proposed Lands for Acquisition Form (PLFAF)
(Forward to Region for approval, Region will send to Realty Services
Coordinator.)
O Hazardous Materials Site Assessment Report
(An existing report may be used, but it must be less than two years old.)
O Preliminary Title Report(s) for subject property
(An existing title policy is not acceptable.)
O Grant Deed or Easement Deed
(Deed must be an original, signed and acknowledge, or a certified copy
thereof.)'
0 County Assessor Parcel Map(s) for subject. property
O Site Location Map
(Site location with property boundaries outlined on a USGS 1:24, 000
scale Topographic Quadrangle Map.)
The Region will forward the PLFAF to the Lands and Natural Areas Program (LNAP) Realty
Services Coordinator and .request that LNAP process the land acquisition for'formal
acceptance. With the exception. of the PLFAF, all documents listed above should be submitted
directly to the Realty Services Coordinator at the following address:
Ms. Bonnie Turner
Department of Fish and Game
Natural Heritage Division
1416 - 9th Street
Sacramento, CA 95814
0 For some transactions, additional documents may be required, such as, documents to
support title exceptions, or to explaintitle encumbrances. These additional documents may be
requested by the Realty Services Coordinator during his review.
0 Please note that by the terms of the CESA MOU the Project Applicant is responsible
for all land acquisition costs including: title document costs, escrow fees, recording fees, title
insurance premiums and any other escrow-related fees or costs.
.