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HomeMy WebLinkAbout3338; AGUA HEDIONDA & CALAVERA CREEK DREDGING; VEGETATION MAINT YEAR 2 MONITORING REPORT; 2016-02-18-4 -: •- •-- - --.,. '-- :. •.- - - - 'k -' -- - --- q -c :-- 1._ -, :. I •_i••• ••_J •. '- - c-- - •- p d- TABLE OF CONTENTS Section Page 1.0 INTRODUCTION ...............................................................................................................1 2.0 PROJECT LOCATION ........................................................................................................ 1 3.0 MONITORING .................................................................................................................... 1 3.1 Qualitative Monitoring Prior to Maintenance Activities .......................................... 2 3.2 Sediment Level Monitoring .................. ..................................................................... 2 3.3 Wildlife Movement Monitoring ................................................................................ 4 3.4 Wildlife Survey ........................................................................................................ 4 4.0 MAINTENANCE ACTIVITIES .........................................................................................4 4.1 Annual Maintenance Activity .............................................................. . ..................... 4 4.2 Supplemental Maintenance Activities ......................................................................5 5.0 SUMMARY AND RECOMMENDATIONS......................................................................6 5.1 Summary of Site at End of Year 2...........................................................................6 5.2 Future Recommendations ........................................................................................7 REFERENCES................................................................................................................................7 APPENDICES A CDFW SAA Notification No. 1600-2013-0302-R5 B Figures and Representative Site Photographs Year 2 C Centerline Topographic Survey D Wildlife Camera Data E September 29, 2014 Letter to CDFW about Roosting Bats F Year 2 Pre-construction Notification Letter to CDFW G Storm Water Pollution Prevention Plan Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report Page i 2015-60332546 Agna Hedionda Crk Channel Veg Maini Yr 2 Rpi 2/18/20/6 - LIST OF FIGURES (APPENDIX B) Figure 1 Agua Hedionda Creek Channel Vegetation Maintenance Project Regional Map 2 Agua Hedionda Creek Channel Vegetation Maintenance Project Boundary 3 Representative Photo of the Surveyed Scribe Mark Identifying 40-foot Elevation 4 Representative Photo of the Project Site at the. Start of Maintenance from the Cannon Road Bridge Facing East 5 Representative Photo of the Project Site after Vegetation Trimming from El Camino Real Bridge Facing West LIST OF TABLES Table Page, 1 Native Plant Species Detected within Agua Hedionda Creek Channel Vegetation Maintenance Area in Year 2 Prior to Maintenance Activities..............................................2 2 Year 1 Soil Surface Elevation Measurements at El Camino Real and Cannon RoadBridges:........................................................................................................................ 3 Year 2 Soil Surface Elevation Measurements at El Camino Real and Cannon RoadBridges ............. . ............................................................................................................ 3 4 Nonnative Plant Species Treated within Agua Hedionda Creek Channel Vegetation Maintenance Area in Year 2................................................................................6 Page ii Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report 2015-60332546 Apia Hedionda Crk Channel Veg Main Yr 2 Rpt 2/18/2016 1.0 INTRODUCTION Long-term maintenance • of the Agua Hedionda Creek channel between the Cannon Road and El Camino Real bridges is required to reduce flood potential of the Rancho Carlsbad Mobile Home Park residences located upstream and to the east of the project site Downstream of the project site is Agua Hedionda Lagoon. This report describes channel maintenance and monitoring activities conducted in Year 2 of the 5-year project in accordance with the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (SAA) Notification No. 1600- 2013-0302-R5. This SAA is also provided in Appendix A. 2.0 PROJECT LOCATION The project is located within the Agua Hedionda Watershed (Figure 1). The Agua Hedionda Creek channel flows west through the southwestern portion of Rancho Carlsbad, bends southwest at the confluence with the Calavera Creek channel, and exits the Rancho Carlsbad community under El Camino Real. West of El Camino Real, the Agua Hedionda Creek channel bends west, where it passes beneath Cannon Road and flows into a natural stream channel that drains into Agua Hedionda Lagoon. The project boundaries are downstream of the confluence of the Calávera Creek channel and Agua Hedionda Creek channel, and between the El Camino Real and Cannon Road bridges. The project boundaries for the channel maintenance activities in the Agua' Hedionda Creek channel are shown in Figure 2. 3.0 MONITORING To improve the flood capacity of the creek channel, limited vegetation is permitted within the project boundary. Maintenance activities may occur whenever average vegetation growth exceeds 2 feet in height. The annual qualitative monitoring visit is scheduled to occur in August or September to determine whether vegetation maintenance is necessary (i.e., vegetation is greater than 2 feet in height). These months occur after the peak vegetation growing season (April through July) when the vegetation will be at its tallest height for the year. The project biologist will determine the height of the vegetation and, if any vegetation is found greater than 2 feet in height, maintenance activities may be recommended. In addition to determining the height of vegetation, the project biologist will identify any sensitive biological resources and any nonnative invasive species present within the project boundary that may become problematic and require removal. Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report Page 1 2015-60332546 Agua Hedionda Crk Channel Veg Main, Yr 2 Rpt 2/18/2016 3.1 Qualitative Monitoring Prior to Maintenance Activities Qualitative assessments were conducted throughout Year 2 of the project by AECOM biologist Aaron Andrews. On December 7, 2015, prior to the start of the annual maintenance activity, AECOM biologists Aaron Andrews and Jean-Luc Brullot conducted a qualitative assessment of the project site All areas within the 0 5-acre boundary were surveyed to determine the general condition of the site. Overstory species ranged in height from 10 feet to more than 30 feet in height with the average height approximated at 12 feet. Midstory species ranged in height from 5 to 10 feet in height while understory species were less than 5 feet in hejght. Total native vegetative cover within the project boundaries was visually estimated at approximately 70%. Total nonnative cover within the project boundaries was visually estimated at approximately 15% with no single species greater than 5%. All areas within thesite were qualitatively assessed, and the native plant species found on-site and their individual cover estimates are represented in Table 1. / Table! Native Plant Species Detected within Agua Hedionda Creek Channel Vegetation Maintenance Area in Year 2 Prior to Maintenance Activities Scientific Name - Common Name Occupied Strata Estimated Total Cover (percentage) Ambrosia psilostachya western ragweed Understory 1% Anemopsis californica yerba mansa Understory '. 1.5%. Arlemisia douglasiana Douglas mugwort Understory 10% Baccharis salicjfolia . mule fat Midstory . 10% Qenothera elata ssp. hookeri evening primrose Midstory .. 1% Polygonum 1apathfo1ium . willow smartweed Understory 5% Salix laevigata red willow Overstory (canopy) 5% Salix lasiolepis arroyo willow Overstory (canopy) 50% Toxicodéndron dive rsilobium poison oak - Understory, Midstory, Overstory . 5% Typha domingensis southern cattail Midstory . . 10% Urticq dioica var. holosericea stinging nettle Midstory 5% 3.2 Sediment Level Mdnit'oring Prior to Year 1 maintenance activities, the 0.5-acre site was surveyed by a professional surveying company and a channel centerline and topographic drawing was created (Appendix ). The topographic survey provided a detailed baseline of the soil surface throughout the site prior to the Page 2 Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report. 2015-60332546 Agua Hedionda Crk Channel VegMaint Yr 2 Rpl 2/18/2016 Year 1 maintenance activities. As part of the maintenance activities, sediment levels will be measured annually by the project biologist using an easily repeatable method. The method used for the sediment level measurements is as follows; during the initial survey, 40-foot elevation marks were scribed onto the bridge pilings (Figure 3) at both the Cannon Road and El Camino Real bridges. These 40-foot elevations were used by the project biologist to measure the current soil surface in Year 1 at six locations as a baseline for future soil surface measurements. The elevations are represented in Table 2. The locations were found by measuring between the pilings and then dividing the distance in half to find the center point and dividing that distance in half again to find the halfway point between the piling and center point. Once the measurement points were identified, a string was run between the marked pilings. At each measurement point, the distance from the string to the soil surface was measured, and the difference between the distance measured and 40-foot elevation was recorded as the current soil surface elevation. At the El Camino Real bridge, the points where measurements were recorded are 9.5 feet from each piling and the center point was approximately 18 feet. At the Cannon Road bridge, 9.5 feet from each piling was also used to ensure, a similar distance as the first measurements but the center point was approximately 26 feet. The points were also recorded as Points 1 through 3 starting from the left as one looks at the bridge from the ground level; at the El Camino Real bridge one would be looking to the east, and at the Cannon Road bridge one would be facing the northwest. Based on the measurements taken on December 7, 2015, in Year 2, (Table 3) there is less than an inch accretion at each point with the exception of Point 3 at the Cannon Road bridge where the elevation has remained the same. This indicates that soil has been deposited at both bridges rather than removed as was expected. Table Year 1 Soil Surface Elevation Measurements at El Camino Real and Cannon Road Bridges Measurement Location Point 1* Point 2* Point 3* El Camino Real Bridge 37.1 36.7 36.6 Cannon Road Bridge 34.2 35.8 36.0 All elevation measurements are in feet in Year 1 Table 3 Year 2 Soil Surface Elevation Measurements at El Camino Real and Cannon Road Bridges Measurement Location Point 1* Point 2* Point 3* El Camino Real Bridge 37.2 37.3 36.9 Cannon Road Bridge 34.6 36.5 36.0 All elevation measurements are in teet in Year 2. Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report . Page 3 2015-60332546 Agua Hedionda Crk Channel Veg Main! Y 2 Rpl 2/18/2016 3.3 Wildlife Movement Monitorin During Year 2, two movement-triggered wildlife cameras were mounted on pilings underneath the El Camino Real and Cannon Road bridges One camera is installed underneath the El Camino Real bridge (EW2-5B) and one camera is mounted underneath the Cannon Road bridge (EW2-5C). Wildlife movement was recorded during Year 2 between April.and December 2015. Camera EW2-5B recorded 49 mammals Camera EW2-5C recorded 59 mammals and 10 birds Animal images captured by the cameras were during both daylight and nighttime hours A detailed species list is provided in Appendix D 34 Wildlife Surve Prior to the start: of vegetation maintenance activities in Year 1, a survey to determine the presence or absence of bats near, the project site was conducted and numerous bats were found 'roosting underneath the El Camino Real bridge. No bats were found roosting underneath the Cannon Road bridge. The letter report to CDFW describing the survey and recommendations is provided in Appendix E Prior to the start of Year 2 maintenance activities, a pre-construction notification letter describing the recommendations for protection of roosting bats was sent to CDFW (Appendix F). '. 4.0 MAINTENANCE ACTIVITIES 4.1 Annual Maintenance Activity Prior to the start of Year, 2 maintenance activities on December 7, 2015, worker environmental awareness training was conducted and all personnel were' made aware of permit requirements and special bat impact minimization measures. These included restricting maintenance personnel from going underneath the El Camino Real bridge; the allowance to use only nonpowered hand tools such as handsaws, bow saws, and axes, beginning work at the west end near the Cannon Road bridge allowing a vegetative buffer during some of the scheduled work; beginning work after 0700; and requiring a biological monitor to be present to halt work if any bat left the roost or the amount of audible chirping increased indicating irritation from maintenance activities. The maintenance contractor that conducted this work is Habitat Restoration Sciences (FIRS). Year 2 maintenance activities occurred on December and December 8, 2015, and consisted of trimming all vegetation over 2 feet in height. All cut material was moved from the project site to the staging area on the sewer access road where it was chipped into a dumpster and removed Page 4 Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report 2015-60332546Ag,a Hedionda Cr0 Channel Veg Maini Yr 2 Rpi 2/18/2016 from the area. Vegetation was cut to 6 inches above the soil surface and roots were left in place to help prevent erosion. During the Year 1 maintenance activities, select willow trees were marked for retention by the project biologist and a total of 17 willows were retained within the boundaries of the 0.5-acre site. During Year 2 maintenance, activities, the same trees were retained and only willows resprouting from stumps were trimmed. Just outside of the project area, within the southern channel bank (Figure 2), three separate stands of the invasive giant reed (Arundo donax) were noted. These three stands were cut and the stumps treated with herbicide to prevent resprouts. These stands of giant reed were approximately 100 square feet in area, and after removal, willow cuttings were installed in open areas of the giant reed rhizome mat. Once all vegetation was trimmed and removed from the site, treatment of nonnative plant species was conducted with herbicide approved for aquatic use by personnel licensed by California Department of Pesticide Regulation. Once maintenance activities were within the 50-foot buffer of the El Camino Real bridge, a biologist observed the underside of the bridge during all activities within the 50-foot buffer. If any annoyance or irritation to bats was noted, all work would have ceased within the buffer. No disturbances to the bats were noted while activities were conducted within the buffer and no other disturbances were noted for the remainder of maintenance activities. During maintenance activities, appropriate erosion control best management practices (BMPs) were implemented at the west end of the project site per the Tier 1 Construction Storm Water Pollution Prevention Plan (Appendix G). Once maintenance activities were completed, the BMIPs were removed. 4.2 Supplemental Maintenance Activities During Year 2, supplemental maintenance activities occurred that included nonnative weed treatments and trash collections. These events were recommended and subsequently monitored by the project biologist. A total of four supplemental maintenance events occurred in March, April, July, and August 2015. HRS was the maintenance contractor that conducted herbicide treatments while Urban Corps was utilized for trash pick-up and some minor removal by hand of weeds as directed by the project biologist. Table 4 contains a list of nonnative plant species and their individual cover estimates treated during the supplemental maintenance. Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report Page 5 2015-60332546Agua Hedionda 0-k Channel Veg Main, Yr 2 Rvt 2/18/2016 . Table Nonnative Plant Species Treated within Agua Hedionda Creek Channel Vegetation Maintenance Area in Year 2 Scientific Name - Common Name Estimated Total Cover - (percentage) Lysimachia arvensis scarlet pimpernel 00/0--1% Apium graveolens wild celery 00/0_i% Arundo donax* giant reed 2% Brassica nigra* - mustard 2% Chenopodium album lamb's quarter 00/0_1% Cotula coronopfolia brass buttons 00/01% Erigeron bonariensis fleabane Foeniculum vulgare* fennel O%-l% Helminthotheca echioides . bristly ox-tongue O%-l% Hirschfeldia incana* short-pod mustard O%-l% Plantago lanceolata ., . English plantain 00/0_4% Plantago major common plantain 00/0_1% Polypogon monspeliensis rabbitsfoot grass O%-l% Raphanussativus -' wild radish Ricinus communis castor bean O%-l% Rumex conglomeratus green dock Schinus terebinthfolius Brazilian pepper tree 00/0_1% Tropaeolum majus nasturtium . O%-i% Washingtonia robusta* Mexican fan palm 00/0_1% Xanthium strumarium cocklebur 0%_1% * Nonnative species listed by California Invasive Plant Council (Cal-IPC 2006) as an invasive plant species that poses a "high" or "moderate" threat to California wildlands. 5.0 SUMMARY AND RECOMMENDATIONS During Year 2 maintenance activities, CDFW SAA Notification No. 1600-2013-0302-R5 was adhered to and all maintenance activities were performed as required. 5.1 Summary of Site at End of Year 2 At the end of Year 2 maintenance activities, the 0.5-acre site has -been opened up with the removal of a taller riparian cover while still allowing for 17 willow trees to be retained within the project boundaries (Figures 4 and 5). During Year 3, if some of the retained trees are impeding flow, they can be trimmed during the next maintenance activity while still retaining a minimum of 10 trees. Both midstory and overstory vegetation has been reduced to approximately 6 inches in height, allowing for greater flow capacity'and velocity during peak flows. ) Page 6 Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report 2015-60332546 Agua Hedionda Crk Channel Veg Mainl Yr 2 Rpi 2/18/2016 Supplemental maintenance activities occurred to reduce infestation and spread of nonnative species and may occur as necessary during Year 3 and the remainder of the project. Sediment level measurements were conducted at the west end (Cannon Road bridge) and the east end (El Camino Real bridge) of the site, and will continue to be taken annually during the remainder of the project. 5.2 Future Recommendations Nonnative species monitoring will continue and treatments will occur as necessary to minimize nonnative species establishment in areas where vegetated cover was reduced by vegetation trimming. It is expected that bats will continue to roost under the El Camino Real bridge and future maintenance activities are expected to be conducted in a similar fashion as Year 2. It is recommended that future maintenance activities during Year 3 through Year 5 adhere to the modified requirement to allow use of one small gas-powered chainsaw with the appropriate sound limiting devices (muffler) within the 50-foot buffer to decrease the amount of time personnel would be working within the buffer. The change in procedure requires a biologist to be stationed at the edge of the bridge where the underside of the bridge could be viewed during all activities within the 50-foot buffer. If any annoyance or irritation to bats is noted, all work will cease within the buffer until a set period of time passes after the bats return to roost. REFERENCES Cal-IPC (California Invasive Plant Inventory). 2006. California Invasive Plant Inventory. Cal-IPC Publication 2006-02. Berkeley, California: Cal-IPC. February 2006. Accessed November 3, 2014. Available at http://www.cal-ipc.org/ip/inventory/index.php. Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report Page 7 2015-60332546 Agna Hedionda Cr6 Channel Veg Mainl Yr 2 Rpi 2/18/2016 APPENDIX A CDFW SAA NOTIFICATION NO. 1600-2013-0302-R5 ) 4 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE SOUTH COAST REGION 3883 RUFFIN ROAD SAN DIEGO, CALIFORNIA 92123 STREAMBED ALTERATION AGREEMENT NOTIFICATION No. 1600-2013-0302-R5 AGuA HEDIONDA CREEK CITY OF CARLSBAD AGUA HEDIONDA VEGETATION MAINTENANCE PROJECT This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and the City of Carlsbad (Permittee) as represented by Sherri Howard. RECITALS WHEREAS, pursuant to Fish and Game Code (FGC) section 1602, Permittee notified CDFW on December 30, 2013, that the Permittee intends to complete the project described herein. WHEREAS, pursuant to FGC section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources. NOW THEREFORE, Permittee agrees to'complete the project in accordance with the Agreement. PROJECT LOCATION The project is located within Agua Hedionda Creek, in the City of Carlsbad, County of San Diego; Latitude 33.148951, Longitude -117.29732; U.S. Geological Survey (USGS) 7.5-minute map San Luis Rey quadrangle, Section 9, Township 12 south, Range 4 west, San Bernardino meridian; Agua Hedionda land grant. The project is located generally southeast of the intersection of El Camino Real and Cannon Road, immediately upstream of Agua Hedionda Lagoon Ecological Reserve. PROJECT DESCRIPTION The project is limited to vegetation management and vegetation maintenance activities within Agua Hedionda Creek between Cannon Road and El Camino Real bridges. The entire impact area is within an area previously disturbed as a part of the Agua Hedionda Notification #1600-2013-0302-R5 Streambed Alteration Agreement Page 2 of 14 Channel Emergency Dredge Project, Streambed Alteration Agreement 1600-2006- 0060-R5. Vegetation will be removed using hand tools, heavy equipment will not be operated within the bed, banks, or channel of the stream. Vegetation on the banks of the stream outside the 0.50-acre maintenance area will not be removed. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect include: AMPHIBIANS - arroyo toad (Bufo ca!ifornicus), California treefrog (Pseudàcris hypochondriaca), pacific treefrog (Pseudacns regillé); REPTILES - alligator lizard (Elgaria mulficarinata webbif), western fence lizard (Sce!oporus occiden falls), two- striped garter snake (Thamnophis hammondi,), side-blotched lizard (Ufa stansbunana); BIRDS - western scrub-jay (Aphelocoma californica), Anna's hummingbird (Calypte anna), coastal cactus wren (Campylorhynchus brunneicapilus), lesser goldfinch (Carduelis psaltria), house finch (Carpodacus mexicanus), yellow warbler (Dendroica petechia), white-tailed kite (Elanus leucurus), southwestern willow flycatcher (Empidonax trail/ii exfimus), yellow-breasted chat (lcferia virens), Nuttall's woodpecker (Picoides nuttalli,), California gnatcatcher (Polioptila californica californica), light-footed clapper rail (Rallus Ion girnstris levipes), black phoebe (Sayomis nigricans), least Bell's vireo (Vireo be!!iipusillus); MAMMALS - coyote (Canis latrans), striped skunk (Mephitis mephitis), raccoon (Procyon lotor, California ground squirrel (Spermophilus beechey, Audubon's cottontail. (Sy!vilagus audubonha); PLANTS yerba mansa (Anemopsis californica), mulefat (Baccharis salicifolia), saltgrass (Disfichlis spicata), southwestern spiny rush (Juncus acufus L. ssp. Leo poldi,), western sycamore (Platanus racemosa), black willow (Salix gooddingi,), arroyo willow (Salix !asiolepis), cattails (Typha spp.), other riparian/wetland vegetation which provides habitat for those species; and all other aquatic and wildlife resources in the project vicinity and other riparian/wetland vegetation which provides habitat for those species, and all other aquatic and wildlife resources in the project vicinity. The adverse effects the project could have on the fish or wildlife resources identified above include: accelerated channel scour; loss of bank stability during construction; increase of bank erosion during construction; change in composition of channel materials; restriction or increase in sediment transport; increased turbidity; increased sedimentation (chronic or episodic); short-term release of contaminants (e.g., incidental from construction); change in water temperature; loss or decline of riparian and/or emergent marsh habitat; decline of vegetative diversity; colonization by exotic plant or animal species; change in flow depth, width or velocity; loss or decline of instream woody material; disruption to nesting birds and other wildlife; change in shading or insolation leading to vegetative change; change in stream flow (Q); and loss or decline of instream channel habitat. The project will permanently impact 0.50 acre of Agua Hedionda Creek through routine vegetation management and maintenance. Of the 0.50 acre that will be permanently impacted, 0.47 acre is riparian willow forest and 0.03 acre is willow riparian scrub. Notification #1600-2013-0302-R5 Streambed Alteration Agreement Page 3 of 14 MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Proiect Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request. 1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors. 1.3 Notification of Conflicting Provisions. Permittee shalt notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict. 1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement. 1.5 Payment of Outstanding Fees. Permittee shall submit a fee for each individual maintenance project to CDFW prior to initiation of such project. The fee shall be based on CDFW's Agreement for Routine Maintenance fees as described in the California Code of Regulations, Title 14, section 699.5. CDFW acknowledges receipt of the Routine Maintenance base fee of $1,345.25 as well as an additional $560.00 to be applied toward fees for individual maintenance projects. Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below. Resource Protection 2.1 Potential Impacts to Agua Hedionda Lagoon Ecological Reserve. The Permittee shall be responsible for correcting and mitigating all impacts to Agua Hedionda Lagoon Ecological Reserve (AHLER) that result from this project. Should CDFW, at their sole discretion determine the project work activities described in this Agreement (and any future amendments) were at fault for the loss of Notification #1600-201 3-0302-R5 Streambed Alteration Agreement Page 4 of 14 functions and/or values of the habitat and/or stream in AHLER, the cost of correcting the issue (including, but not limited to engineering, planning, permitting, implementation, and monitoring) will be borne solely by the Permittee to the satisfaction of CDFW. 2.2 Staging Areas. Staging/storage areas for equipment and materials shall be located outside of the stream/lake. 2.3 Construction Area Demarcation. Prior to construction, a qualified biologist shall mark the authorized construction area using data from the 2006 Agua Hedionda Channel Emergency Dredge Project at the project location. No vegetation shall be removed during construction outside of the previously impacted 0.5-acre area and no construction debris or equipment shall be placed outside of the area. 2.4 Ecologically Sensitive Areas. All native habitats outside the construction limits shall be designated as Ecologically Sensitive Areas (ESAs) on project maps. No personnel, equipment, or debris will be allowed within the ESAs. 2.5 Surveying and Monitoring. A qualified biologist shall be present during vegetation maintenance activities within 200 feet of the AHLER to ensure that maintenance activities are confined to the demarcated project footprint, and to verify compliance with measures of this Agreement. 2.6 Removal and Disposal of Non-Native Vegetation. Any non-native vegetation removed shall be disposed of legally in a manner which prevents its reestablishment and in a manner that does not negatively affect other sensitive native habitat. 2.7 Stockpiling Removed Vegetation. Vegetation removed from the stream shall not be stockpiled in the stream bed or on its banks. All removed vegetation and debris shall be disposed of according to State and local laws and ordinances. 2.8 Native Non-Woody Vegetation. Native non-woody vegetation (e.g. cattails and sedges) shall be allowed to grow in the channel bottom between maintenance activities. Native non-woody vegetation may be cut down to a level above the current water line, and shall leave the root system intact. The use of herbicide to inhibit growth or kill cattails or sedges is prohibited. 2.9 Willow Trees. A minimum of 10 mature willow trees shall be retained within the 0.50-acre maintenance area during any maintenance activity. The 10 willow trees that will remain shall be clearly marked by a qualified biologist and maintenance crews shall be instructed regarding the significance of the trees. Only those branches in the lower one-third of these trees and less than two inches in diameter may be pruned to accommodate project activities. Understory riparian vegetation such as blackberries, cattails, etc., may be pruned only as needed to accommodate project activities. Notification #1600-2013-0302-R5 Streambed Alteration Agreement Page 5 of 14 2.10 No Grubbing of Root Zone. No vegetation shall be removed by excavation, grubbing or cutting of stems below the ground level. 2.11 Remove Invasive Vegetation by Hand. Whenever possible, invasive species shall be removed by hand or by hand tools rather than by chemical means. Where control of non-native vegetation is required within the bed, bank, or channel of the stream, the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, Permittee shall employ only those herbicides which are approved for aquatic use. If surfactants are required, they shall be restricted to non-ionic chemicals which are approved for aquatic use. 2.12 Hand Tools Defined. Hand tools for this Agreement are described as: shears, clippers, trimmers, and other tools carried into the stream by hand. 2.13 Herbicide Mixing. Herbicide mixing sites shall only be located in areas devoid of vegetation, and where there is no potential of a spill reaching a vegetated area or a stream, for example avoid mixing at a storm water-inlet. 2.14 Herbicide Use in Aquatic Environment. Any herbicide used where there is the possibility that the herbicide could come into direct contact with water shall be approved for use in an aquatic environment. Great care shall be taken to avoid contact with any native vegetation, and it shall only be applied on calm days to prevent airborne transfer of the herbicide. 2.15 Clean All Equipment Before Entering Stream. Permittee shall clean all equipment of soil containing seed and plant material prior to entry into the streambed to prevent the spread of invasive exotic plant species from adjacent areas or other sites where equipment may have been previously used. Wildlife and Habitat Protection 2.16 Encountered Wildlife. If any wildlife is encountered during project activities, the wildlife shall be allowed to leave the construction and/or maintenance area unharmed. If a protected species is observed, Permittee shall stop work and consult with CDFW before proceeding. 2.17 Protected Species. This Agreement does not authorize take, incidental or otherwise, of any protected species. For the purpose of this Agreement, "protected species" means the following: a species fully protected under state law; a candidate species or species listed as threatened or endangered under the California Endangered Species Act (CESA; Fish & G. Code § 2050 et seq.) and/or Endangered Species Act (ESA; 16 U.S.C. § 1531 et seq.): a species identified by CDFW as a species of special concern; or any other species for which take is prohibited under state or federal law. No direct or indirect impacts shall occur to any protected species, except as may be authorized by a Natural Notification #1600-2013-0302-R5 Streambed Alteration Agreement Page 6 of 14 Community Conservation Plan or one or more individual permits that authorize such impacts. 2.18 Threatened/Endangered Species Protection Plan. If species listed as Threatened or Endangered under CESA, including: southwestern willow flycatcher; light-footed clapper rail; or least Bell's vireo, is found in the proposed work area, or is in a location which could be directly or indirectly affected by the work proposed, Permittee shall submit a plan to CDFW for review and approval prior to the continuation of work to ensure impacts to the species are avoided. 2.19 Bird Avoidance. To avoid impacts to nesting birds, vegetation management activities adjacent to nesting habitat shall not take place within CDFW jurisdictional habitat from February 1 through August 31, the "restricted work period", unless CDFW agrees to modify the restricted work period. Non-native vegetation may be removed using non-motorized hand tools any time of the year provided that the work complies with all other measures of this Agreement. This Agreement does not authorize the take of any bird nest at any time of year. 2.20 Bat Protection - Bridges. Prior to work commencing near any bridge, the bridge shall be surveyed for bats by a qualified bat biologist. If bats are found work near the bridge operations shall not be initiated. Bats shall not be disturbed without specific notice to and consultation with CDFW. CDFW reserves the right provide additional provisions to this agreement designed to protect nesting/roosting bats. Bat surveys must be conducted within 7 days prior project commencement. Impact minimization measures must be implemented prior to project activities. Biological Resource Monitoring 2.21 Vegetation Monitoring. Prior to each vegetation management or maintenance activity, Permittee shall collect qualitative measurements of the project area including at a minimum: range of vegetation height by habitat type; native vegetation cover by habitat type; and relative non-native vegetation cover. Vegetation monitoring data shall be Included in each annual monitoring report when any vegetation management or maintenance activities occur during the given reporting period (see Measure 4.2). 2.22 Wildlife Movement Monitoring. In order to gauge if project activities reduce or impede access of ambulant wildlife to AHLER, Permittee shall install and maintain a minimum of one wildlife camera at or near each of the two bridges (Cannon Road and El Camino Real), equaling a minimum of two cameras, for the duration of this Agreement. Cameras shall be installed and maintained in a manner where images are captured of wildlife entering or exiting each undercrossing. Photo-monitoring and wildlife crossing information shall be monitored for the duration of this Agreement. The data collected shall be provided to CDFW upon request. An analysis of the data collected shall be reported annually as a part of the annual monitoring report (see Measure 4.2). Notification #1600-2013-0302-R5 Streambed Alteration Agreement Page 7 of 14 2.23 Sediment Level Monitoring. Prior to initiation of activities authorized by this Agreement, Permittee shall survey current sediment levels within the project area. Once the initial survey is complete, all four bridge pilings will be permanently marked with elevation information. A minimum of four accessible locations within the project area shall be permanently marked with specific elevation information. Permittee shall use repeatable methodology to identify current sediment levels on an annual basis. Sediment levels and methods used to obtain those levels shall be reported in the annual report. Equipment and Access 2.24 No Equipment in Wetted Portion of the Stream. Vehicles shall not be driven or equipment operated in water covered portions of a stream or lake, or where wetland vegetation, riparian vegetation, or aquatic organisms may be destroyed. Erosion and Sedimentation 2.25 Erosion Control Measures. Permittee shall utilize erosion control measures throughout all phases of operation where sediment runoff from exposed slopes threatens to enter the stream. 2.26 Erosion Control Monitoring. Permittee shall monitor erosion control measures before, during, and after each storm event and repair and/or replace ineffective measures Immediately. Fill and Spoil 2.27 Stream Materials. Rock, gravel, and/or other materials shall not be imported to, taken from or moved within the bed or banks of the stream except as otherwise addressed in this Agreement. 2.28 Dredging and Sediment Removal. Dredging or sediment removal activities, and associated impacts to fish and wildlife resources, have not been proposed or identified as a part of the project. Dredging or sediment removal activities are not authorized as a part of this Agreement, therefore shall be subject to separate Notification pursuant to FGC section 1600 et seq. 2.29 Deposition of Fill. Depositing fill into the stream is not authorized as a part of this Agreement, therefore shall be subject to separate Notification pursuant to FGC section 1600 et seq. Structures 2.30 Authorized Structures. This Agreement does not authorize the construction of any temporary or permanent dam, structure, flow restriction or fill except as described In Permittee's Notification. Notification #1600-2013-0302-R5 Streambed Alteration Agreement Page 8-of 14 Pollution, Litter, and Clean-Up 2.31 Litter and Pollution. Permittee 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 Permittee to ensure compliance. 2.32 Secure Trash Receptacles. Permittee shall use fully covered trash receptacles with secure lids (wildlife proof) to contain all food, food scraps, food wrappers, beverage and other miscellaneous trash. 2.33 Stationary Equipment. Stationary equipment such as motors, pumps, generators, and welders located within or near the stream shall be positioned over drip pans. Stationary heavy equipment shall have suitable containment to handle a catastrophic spill/leak. 2.34 Equipment Maintenance and Fueling. No equipmentmaintenance or fueling shall be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter these areas. 2.35 Site Cleanup. When operations are completed, any excess materials or debris shall be removed from the work area. Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below. 3.1 Mitigation for Authorized Impacts. Compensatory mitigation is not required as part of this Agreement. Mitigation for the 0.50-acre maintenance area has been successfully mitigated as a part of Streambed Alteration Agreement 1600-2006- 0060-R5 for the Agua Hedionda Channel Emergency Dredge Project through the deduction of 0.5 creation/restoration Credit and 0.553 riparian enhancement Credit as defined in the Bank Enabling Instrument for North County Habitat Bank. 3.2 Mitigation for Unauthorized Impacts. Permittee shall mitigate at a minimum 5:1 ratio for impacts beyond those authorized in this Agreement. In the event that additional mitigation is required, the type of mitigation shall be determined by CDFW, and may include creation, restoration, and/or enhancement. Reporting Measures Permittee shall meet each reporting requirement described below. 4.1 Notification Prior to Work. Permittee shall notify CDFW, in writing, at least 5 days prior to initiation of each maintenance activity. Notification shall be sent to CDFW's South Coast Office at the address on page 1, ATIN: Streambed Notification #1600-2013-0302-R5 Streambed Alteration Agreement Page 9 of 14 Alteration Program - SM # 1600-2013-0302-R5, or alternatively by electronic mail to R5LSACompliance@wddlife.ca.gov. 4.2 Annual Biological Resource Monitoring Report. Permittee shall submit an annual report to CDFW identifying: dates and types of maintenance accomplished that given year; results of the annual biological resource monitoring data identified in measures 2.21 (Vegetation Monitoring), 2.22 (Wildlife Movement Monitoring), and 2.23 (Sediment Level Monitoring); the general condition of the willow trees not removed within the 0.50-acre maintenance area as a part of the project, and an evaluation of the success or failure of the measures in this Agreement designed to protect the fish and wildlife resources that the project may adversely affect. 4.3 Sensitive Species Observations. Permittee shall be responsible for reporting all observations of threatened /endangered species or species of special concern to CDFW's Natural Diversity Data Base (CNDDB) within 10 days of sighting. The form and instructions for completing the form and submitting the information are available on-line at http://www.wildlife.ca.gov/biogeodata/cnddb/Submitting_data _to_cnddb.asp. In addition to sending the information to CNDDB a copy should be sent to CDFWs South Coast Office at the address above, ATTN: Streambed Alteration Program - SM #1600-201 3-0302-R5, CONTACT INFORMATION Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail, email, or to such other address as Permittee or CDFW specifies by written notice to the other. To Permittee: City of Carlsbad Sherri Howard 1635 Faraday Avenue Carlsbad, California 92008 sherri.howardcarlsbadca.gov To CDFW: California Department of Fish and Wildlife South Coast Region 3883 Ruffin Road San Diego, California 92123 Attn: Lake and Streambed Alteration Program Notification #1600-2013-0302-R5 Notification #1600-201 3-0302-RS Streambed Alteration Agreement Page 10 of 14 LIABILITY Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers; employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes. This Agreement does not constitute CDFW's endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee's alone. SUSPENSION AND REVOCATION CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement. Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice. ENFORCEMENT Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects CDFWs enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from obtaining any other permits or authoriations that might be required under other federal, state, or local laws or regulations before beginning the project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the FGC including, but Notification #1600-201 3-0302-R5 Streambed Alteration Agreement Page 11 of 14 not limited to, FGC sections 2050 et seq. (threatened and endangered species), 3503 (bird nests and eggs), 3503.5 (birds of prey), 5650 (water pollution), 5652 (refuse disposal into water), 5901 (fish passage), 5937 (sufficient water for fish), and 5948 (obstruction of stream). Nothing In the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass. AMENDMENT CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the corresponding amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). TRANSFER AND ASSIGNMENT This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW "Request to Amend Lake or Streambed Alteration" form and include with the completed form payment of the minor amendment fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). EXTENSIONS In accordance with FGC section 1605(b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement's term. To request an extension, Permittee shall submit to CDFW a completed CDFW "Request to Extend Lake or Streambed Alteration" form and include with the completed form payment of the extension fee identified in CDFW's current fee schedule (see Cal. Code Regs., tit. 14, § 699,5). CDFW shall process the extension request in accordance with FGC 1605(b) through (e). Notification #1600-2013-0302-R5 . . Streambed Alteration Agreement . . . .. Page 12ofi4 .. . .. .., . If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or . . . continuing the project the Agreement covers (FGC section 1605(f)) •. EFFECTIVE DATE. •.• • . .. •. . . : The Agreement becomes effective on the date of CDFW's signature, which shall be 1) after, Permittee's signature, 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); .and 3) after payment of the applicable FGC section 71"11.4 filing fee listed at http://www.wildlife.ça.gov/habconlceqa/ceqa_changes.html. . . . TERM: .: . . ,. •• This Agreement shall expire on August 15, 2019, unless it is terminated or extended before then All provisions in the Agreement shall remain in force throughout its term Permittee shall remain responsible fOr implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as FGC section 1605(a)(2) requires. . . 1 • • I •: I. EXHIBITS .. • The documents listed below areincluded as exhibits to the Agreement and incorporated hereinbyreference. •: .: . . ..•, ••. Exhibit A Figure 2, Project Boundary. AUTHORITY. . . . ••' .. : If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein AUTHORIZATION . . • •. • • • . • .• ThisAgreernent authorizes.orilythe project described herein. If Permittee begins or •• completes, a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with FGC section 1602. • . • . • • Notification #1600-2013..0302-R5 Streambed Alteration Agreement Page 13of14 CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. FOR CITY OF CARLSBAD Sherri Howard Date Title: FOR DEPARTMENT OF FISH AND WILDLIFE Notification #1600-2013-0302-R5 Streambed Alteration Agreement Page 14 of 14 I I State of California -Natural Resources Agency EDMUND G. BROWN, Jr., Governor II1I DEPARTMENT OF FISH AND WILDLIFE CHARL TON H.BONHAM;Director y South Coast Region 3883 Ruffin Road San Diego, California 92123 (858) 467-4201 www.wildlife.ca.gov August 7, 2014 Ms. Sherri Howard City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008 Subject: Draft Streambëd Alteration Agreement Notification No. 1600-201 30302-R5 Agua Hedionda Vegetation Maintenance Project Dear Ms. Howard: The California Department of Fish and Wildlife (Department) has determined that your project requires a Lake or Streambed Alteration Agreement (Agreement) because it could substantially adversely affect an existing fish or wildlife resource. Enclosed is a", draft Agreement that includes measures the Department has determined are necessary to protect existing fish and wildlife resources. Within 30 days of receipt of this draft Agreement, you must notify the Department in writing whether the measures to protect fish and wildlife resources are acceptable (Fish and Game Code section 1603). If you agree with the measures set forth in the draft Agreement, you or your authorized representative must return two copies of the draft Agreement with original signatures to the above address If you disagree with any measures in the draft Agreement, please contact the Department staff identified below. In the event that mutual agreement is not reached, you may follow the dispute resolution process described in Fish and Game Code section 1603(a), Part Ill of the "Notification Instructions and Process." If you fail to respond in writing within 90 days of receiving the draft Agreement, the Department may withdraw the draft Agreement. Please be advised the Department may not execute the Agreement until it has complied with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.) as the lead or a responsible agency. Please note that the draft Agreement may be subject to change upon receipt and review of the environmental document for the project. When acting as a CEQA responsible agency, the Department mustfirst receive the following: 1) a certified or approved environmental document prepared in accordance with CEQA, 2) Notice of Determination, if one is filed, 3) CEQA Findings, and 4) proof Conserving Ca4fornia 'S WilTdiifè Since 1870 City of Carlsbad AUust7,'20'14 Paige 2.6f:2 that the environmental filing fee:required Under Fish and Game-Code section 71 1.4 has been paid If the lead agency determined that the project is exempt under CEQA, please provide a copy of the Notice of Exemption or other information that indicates the basis for the exemption. After you receive a fifll Agreement executed by the Now I tmenti you may begin the project the Agreement auori thzes provided you have obtained all other necessary.,local, state, and federal permits or other authorizations For moreinformation on the process described above, please. refer toPart IV in the "Notification Instructions and Process" included with your notification materials, which is also available at www wildlife ca govThabcon/1600/notlfic 'at ionpackaQe pdf If you have any questions regarding this letter, please contact Kevin Hupf, Environmental. Scientist at (858) 467-4223. or:kevin.hupf©wiIdlife.ca.gQv . I 3 3 -. •- -: - I--.; - - •- . -• . .... - I •---- - -- .-. . -- -,. - .......... . -. . t - FIGURES AND REPRESENTATIVE SITE PHOTOGRAPHS YEAR r 1 Agua Hedionda Creek Channel Vegetation Maintenance Project Regional Map 2 Agua Hedionda Creek Channel Vegetation Maintenance Project Boundary 3 Representative Photo of the Surveyed Scribe Mark Identifying 40-foot Elevation' 4 0 Representative Photo of the Project Site at the Start of Maintenance from the Cannon Road Bridge Facing East 5 Representative Photo of the Project Site after Vegetation Trimming from El Camino Real Bridge Facing West Figure 1 0 3.75 . 7.5 15 Miles Agua Hedionda CreekChannel Miles Vegetation Maintenance Project Regional Map Agua Hedionda Creek Channel Vegetation Maintenance Project Year 2 Monitoring Report P:\2014\60332546AguaHedJ_Mon\900-CAD-GIS\930 Giaphics\Figl nnap.ai dbrady 223/I6 7- • ---'----r - . -_--------,__•w.-•--_ - .- - - Project Boundary - - 50-foot Noise Buffer Privacy Fence IArundo donax (giant reed) cres ISupplemental nel Vegetation Maintenance o2t?o?s .. 4 le 14, IVY J11 I Go - tIJ IGo IV - - CD Source: Esri, HERE Delorme, Mapmylndia, © 0penSEeetMap contributors, and the GIS user community, Brown and Caldwell 2006; SanGtS 2012 - - - Figure 2 50 0 50 Feet - - Agua Hedionda Creek Channel Scale 1600; 1 inch 50feet Vegetation Maintenance Project Boundary 4 I r Figure 3. Representative Photo of the Surveyed Scribe Mark Identifying 40-foot Elevation Figure 4. Representative Photo of the Project Site at the Start of Maintenance from the Cannon Road Bridge Facing East - Nt . ME IZ -•; -% - I I •4 t WX - I -- - i--- 'p 1 --fl' - - -, - APPENDIX C CENTERLINE TOPOGRAPHIC SURVEY APPENDIX D WILDLIFE CAMERA DATA H Appendix D Wildlife Camera Data Camera EW2-5B (under El Camino Real) Bobcat Coyote Deer Raccoon Opossum Skunk Rodent Bird Other Jan-15 Feb-15 Mar-15 Apr-15 1 1 May-15 1 1 1 Jun-15 3 3 Jul-15 3 1 Aug-15 1 2 Sep-15 1 Oct-15 4 2 Nov-15 1 7 2 Dec-15 3 7 Totals for EW2-5B 13 1 25 6 11 1 0 2 Camera EW2-5C (under Cannon Road) Bobcat Coyote Deer Raccoon Opossum Skunk Rodent Bird Other Jan-15 Feb-15 Mar-15 Apr-15 May-15 Jun-15 Jul-15 Aug-15 Sep-15 Oct-15 Nov-15 Dec-15 7 21 1 1 38 Totals for EW2-5C 7 21 1 1 38 Totals for both cams 0 20 1 46 7 1 2 38 2 APPENDIX E SEPTEMBER 29, 2104 LETTER TO CDFW ABOUT ROOSTING BATS ) AECOM AECOM 619.233.1454 tel 1420 Kettner Boulevard 619.233.0952 fax Suite 500 San Diego, CA 92101 www.aecom.com September 29, 2014 Mr. Kevin Hupf' California Department of Fish and Wildlife 3883 Ruffin Road San Diego, California 92123 Subject: Agua Hedionda Creek Channel Vegetation Removal, Bats Roosting Under the El Camino Real Bridge Dear Mr. Hupf: Introduction The Agua Hedionda Creek vegetation removal project is an annual project that is designed to improve flow during periods of greater than average precipitation events. The project site is located on the south side of Cannon Road and the west side of El Camino Real in Carlsbad, California. The project consists of the removal of native and nonnative vegetation from the toe (bottom) of the outer stream banks in an area no larger than 0.5 acre. At a minimum 10 Sàlix sp. (willow) trees will be retained within the vegetation removal area, all other vegetation will be trimmed down to approximately 6-inches above the surface of the ground. As part of the Avoidance and Minimization Measures (Section 2) of the Streambed Alteration Agreement Notification number 1600-2013-0302-R5 subsection 2.20 concerns bat protection near bridges. In accordance with this measure a survey was conducted 7 days. prior to the commencement of work on the project site as there is a bridge at both ends of. the project site. At the west end of the project site is the Cannon Road bridge and no bats were found and there was no evidence indicating that bats have used this bridge to roost. At the east end is the El Camino Real bridge and many bats were found to be using this bridge to roost. The findings of the survey are described below under .the heading' Bat Survey. Following the survey results is a summary of biologist recommendations., These recommendations reflect those measures discussed with CDFW on Friday September 26, 2014. Bat Survey On September 25 2014 a survey to determine the presence or absence of bats near the project site was conducted by an AECOM biologist, Andrew Fisher. Following is an excerpt from an email communication to Kevin Hupf (CDFW) on Thursday September 25, 2104. AECOM.. Mr. Kevin Hupf 'California Department of Fish and Wildlife September 29, 2014 ' Page 2 Methods On September 25, 2014, AECOM, biologist Andrew Fisher conducted a'pre-clearance survey for bats under both bridges at the intersection of Cannon Road and El Cmino Real in Carlsbad, CA. The survey was conducted from 11:45 AM to 1:15 PM and weather was around 88°F with high humidity. The survey involved walking underneath both bridges and looking for signs of bats, including staining on the undersidè,of the bridge, guano piles, and visually scanning all cracks and crevices that bats' could use for ró'osting. Results ' No bats or bat sign was found underneath the bridge along Cannon Road. This bridge has no cracks or crevices underneath it that batscould squeeze into. There were no stains or guano piles (indicators of historical- use) and bats cannot use this bridge for roosting. The bridge under El Camino Real hasthree main sections, of which the middle section has several hundred-to a thousand bats roosting in it. All three sections of the bridge had bats roosting in them, but the middle section had the largest concentration of bats. Agua Hediónda Creek runs under the middle section of the bridge and many bats were roosting above the water. There were piles of guano.in lines underneath the 1-2 inch gaps in the concrete under the bridge. In total there are probably a thousand bats roosting underneath the bridge. See attached photos. There were several species of bats roosting together; -the only easily recognizable species was the Brazilian free-tailed bat (Tadarida brasiliensis) and the other bats appeared to be Myotis speOies: Recommendations As part of the survey and findings, recommendations were presented by AECOM biologist Andrew Fisher and are listed below, additional recommendations are also included. These recommended aoidance and minimization measures will be implemented during each annual maintenance activity. : Workers will be restricted from going under the El Camino Real bridge (individuals ' will not be allowed to walk back and forth underneath the bridge). Only non-powered hand tools (i.e. handsaws, bow saws, axe) will be, allowed within the first 50 feet of the west side of the bridge. ' A biologiäal monitor will be present to halt work if bats begin to leave the roost, or their amount of audible chirping increases so as to indicate, irritation from the adjacent work. ' ' ' AEC- OM Mr. Kevin Hupf California Department of Fish and Wildlife September 29, 2014 Page / Vegetation clearing will begin at the west end near the Cannon Road bridge and work towards the El Camino Real bridge to allow for a vegetative buffer during some of the scheduled work period. Work will begin after sunrise (07:00) and bats have returned to roost. If you have questions, please contact Aaron Andrews or Michelle Fehrensen at (619) 233- 1454 or aaron.andrews@aecom.com, michelle.fehrensen@aecom.com. Sincerely, Aaron G. Andrews Restoration Ecologist cc: Sherri Howard, City of Carlsbad APPENDIX F YEAR 2 PRE-CONSTRUCTION NOTIFICATION LETTER TO CDFW / ASCOM AECOM 6196107600 tel 401 West AStreet 619610.7601 fax Suite 1200 San Diego, CA 92101 www.aecom.com November 17, 2015 Kevin Hupf California Department of Fish and Wildlife (CDFW) 3883 Ruffin Road San Diego, California, 92123 Subject: Agua Hedionda Creek Channel Vegetation Removal, Year 2 Pre- constructionNotification Dear Mr. Hupf, The Agua Hedionda Creek Vegetation Maintenance Project, Streambed Alteration Agreement (SAA) No. 1600-2013-0302-R5, is an annual project that is designed to improve flow during periods of greater than average precipitation events. The project site is located on the south side of Cannon Road and the west side of El Camino Real in Carlsbad, + California. The project consists of the removal of native and nonnative vegetation from the toe (bottom) of the outer stream banks in an area no larger than 0.5 acre. At a minimum 10 Salix sp. (willow) trees will be retained within the vegetation removal area, all other vegetation will be trimmed down to approximately 6-inches above the surface of the ground. During Year 1 seventeen willow trees were retained. Pre-construction Notification This letter along with submission via eleOtrohic mail to R5LSACompliancecwitdlife.ca.gov is the pre-construction notification at least 5 days prior to initiation of work activities at the Agua Hedionda Creek Vegetation Maintenance project. Work will begin on or after Monday, November 23, 2015. In accordance with the Administrative Measures, Section 1 subsection 1.5 Payment of Outstanding Fees, the City of Carlsbad deposited $560.00 with the original permit. In accordance with the schedule of fees approved January 2014, the following deductions have been made from this deposit: 2014— Year 1 Maintenance Activity - $122.75 2015— Year 2 (this) Maintenance Activity - $122.75 AECOM Mr. Kevin Hupf California Department of Fish and Wildlife (CDFW) November 17, 2015 Page This leaves a balance of $314.50 for future annual maintenance events Bat Protection As part of the Avoidance and Minimization Measures (Section 2) of the SAA No. 1600-2013- 0302-R5 subsection 2.20 Bat Protection - Bridges, a survey was conducted 7 days prior to the commencement of work (Year 1) on the project site as there is a bridge at both ends of the project site At the west end of the project site is the Cannon Road bridge and no bats were found and there was no evidence indicating that bats have used this bridge to roost At the east end is the El Camino Real bridge and many bats were found to be using this bridge to roost during the Year I survey. The findings of the survey and recommendations were discussed in a memorandum to the CDFW dated September 29 2014 As a result of the Year 1 findings it is proposed that in subsequent years (Years 2 through 5) a bat survey prior to commencement of work is not required as it is known that bats roost under the El Camino Real bridge. The measures implemented during the Year,1 work will be implemented during subsequent vegetation removal activities The prescribed measures are included in the recommendations below. . ( Recommendations As part of the Year 1 (2014) survey and findings recommercdations were presented by AECOM biologist Andrew Fisher and are listed below, additional recommendations are also included These recommended avoidance and minimization measures will be implemented during each annual maintenance activity. 1 Workers will be restricted from going under the El Camino Real bridge (individuals will not be allowed to walk back and forth underneath the bridge). .2 Only, non-gas powered hand tools (i.e. handsaws, bow-saws-axe, and electric powered saws) will be allowed within the first 50 feet of the west side of the bridge If the use of non-gas powered hand tools increases the time workers spend removing vegetation within 50 feet of the bridge to a point that their extended presence is irritating gas-powered hand tools will be allowed to reduce the amount of time workers are in the 50 foot buffer. 3 A biological monitor will be present to halt work if bats begin to leave the roost or their amount of audible chirping increases so as to indicate irritation from the adjacent work AECOM Mr. Kevin Hupf California Department of Fish and Wildlife (CDFW) November 17, 2015 Page 3 Vegetation clearing will begin at the west end near the Cannon Road bridge and work towards the El Camino Real bridge to allow for a vegetative buffer during some of the scheduled work period. Work will begin after sunrise (07:00) and bats have returned to roost. Project Site Limits Avoidance and Minimization Measures (Section 2) of the SAA No. 1600-2013-0302-R5 subsection 2.30 Construction Area Demarcation, concerns vegetation removal within the 0.50 acre project limits. Permission is requested to remove invasive and nonnative plant species within the banks adjacent to the 0.50 acre site. The invasive and nonnative plant species include (but are not limited to) giant reed (Arundo donax). Patches of giant reed are identified in Figure 1. Removal methods of invasive and nonnative plant species will be in accordance with the SAA No. 1600-2013-0302-R5 subsections 2.60, 2.11, 2.13 and 2.14 and nonnative and invasive species will be identified by the project biologist. The banks adjacent to the project site currently have a dense cover comprised of willow species and mulefat (Baccharis salicifolia) intermingled with occasional nonnative species except where giant reed has become established in several small stands. The removal of nonnative plant species will not impact slope stability as all root systems will be left in place and soil disturbance will not occur. If you have questions, please contact Aaron Andrews or Michelle Fehrenèen at (619) 610- 7600 or aaron.andrews@aecom.com, michelle.fehrensen@aecom.com. Respectfully, Aaron Andrews Restoration Ecologist, AECOM Distribution: Sherri Howard (City of Carlsbad) A -. -. W UQ . ' ,••_ e5 -. - _..-- - Af? ..•3'-'• - c:i Project Boundary — — 50-foot Noise Buffer 2, -.- l ,1,f/ Privacy Fence Arundo dona. (giant reed) / r1ii ft/' Retaining Wall IJ Channel Vegetation Maintenance Area 05 acres I f %•'..;.; - ,# ,q J — Maintenance Access Road Supplemental Invasive Plant Species Control Areas 0.5 acres '-.CIA AQ TT 6 4 10, It Exi rrff J$7/J/f/' Vj1 -; -- - —. Source: Eri HERE. DLonr.c-. M apmy I ndia, Opc-r.SLee•Map cc.i:ibutor. and the GiS uar cc;mJP.ty. Son and Cal d.!i 006. SanGiS 201 Figure 50 0 50 Feet - . - - - Agua Hedionda Creek Scale 1600: 1 inch = 50feet Vegetation Maintenance Areas 601 APPENDIX G STORM WATER POLLUTION PREVENTION PLAN / CITY OF CARLSBAD Public Works www.carlsbadca.gov Submittal Review Project Name: AguaHedionda Creek Channel Vegetation Removal, Project 3338 Project No.: PWM1463UTIL Submittal Title: Tier I Construction SWPPP Submittal No.: 1 Contractor: HRS Date Received: 10-1-2014 Date of Return: 10-2-2014 CITY OF CARLSBAD SHOP DRAWING REVIEW THIS REVIEW BY THE ENGINEER IS FOR GENERAL CONFORMANCE WITH THE PROJECT DESIGN CONCEPT AND GENERAL COMPLIANCE WIT THE INFORMATION GIVEN IN THE CONTRACT DOCUMENTS AND SHALL NOT IN ANY WAY RELEASE THE CONTRACTOR FROM FULL RESPONSIBILITY FOR COMPLETE AND ACCURATE PERFORMANCE OF THE WORK IN ACCORDANCE WITH THE CONTRACT DRAWINGS AND SPECIFICATIONS NEITHER SHALL THIS REVIEW AND RESPONSE RELEASE AND CONTRACTOR FROM ANY LIABILITY PLACED UPON HIM BY ANY CONTRACTUAL PROVISIONS. ALL DEVIATIONS FROM THE PROJECT CONTRACT DOCUMENTS SHALL BE SPECIFICALLY CALLED TO THE ATTENTION OF THE ENGINEER. - O REJECTED/RESUBMIT . O AMEND AND RESUBMIT O MAKE CORRECTIONS NOTED . NO EXCEPTIONSTAKEN O RETAINED ON FILE By: . Sherri Howard 10-2-2014 Engineer . D ate - By: Construction Manage( Date Comments: . . A CM&I Engineering 5950 El Camino Real 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad, CA 92008 760-602-2780 760-602-2765 STORM WATER POLLUTION PREVENTION NOTES ALL NECESSARY EQUIPMENT AND MATERIALS, SHAll. BE AVAILABLE ON SITE TO FACILITATE RAPID INSTALLATION OF EROSION AND SEDIMENT CONTROL BMPS WHEN RAIN IS EMINENT. THE OWNER/CONTRACTOR SHALL RESTORE ALL EROSION CONTROL DEVICES TO WORKING ORDER TO THE SATISFACTION OF THE CITY ENGINEER AFTER EACH RUN-OFF PRODUCING RAINFALL THE OWNER/CONTRACTOR SHALL INSTALL ADDITIONAL EROSION CONTROL MEASURES AS MAY BE REQUIRED BY THE CITY ENGINEERING OR BUILDING INSPECTOR DUE TO UNCOMPLETED GRADING OPERATIONS OR UNFORESEEN CIRCUMSTANCES WHICH MAY ARISE. ALL REMOVABLE PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE FIVE (5) DAY RAIN PROBABILITY FORECAST EXCEEDS FORTY PERCENT (409/6). SILT AND OTHER DEBRIS SHALL BE REMOVED AFTER EACH RAINFALL ALL GRAVEL BAGS SHALL BE BURLAP TYPE WITH 314 INCH MINIMUM AGGREGATE. ADEQUATE EROSION AND SEDIMENT CONTROL AND PERIMETER PROTECTION BEST MANAGEMENT PRACTICE MEASURES MUST BE INSTALLED AND MAINTAINED. SPECIAL NQTES For City Use Only STORM WATER COMPLIANCE FORM TIER I CONSTRUCTION SWPPP E-29 Development Service Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov E-29 Page 1 of 3 R.EV4130110 - _41TINGPIPE7 50'BATAVOIOANCEAREA USE HAND TOOLS AND/OR - 4' ELECTRIC CHAINSAWS ' S Es r=21 I STAGING ARE.A#2 5' - 5' 417 N '7 ldVV On. / ( 5' ER ROLL TEMPORARY - L NSTRJCTIOJ BM° I °' LIMIT OF WORK IL 43.44 .. N. .•- / \. CONSTRUCTION AREA 43 EASEMENT - ALL WEATHER ROAD, -•'..i. 15-FEET WIDE STAGING AND COORLNATES/BENCHMARK BASIS OF BEARINGS HAD 83 (199135 0 -OC A.I 1.jjzJs; PR POINTS AS SHOVIN ON OPDRTY URCS. RIGHT-WAY alY OF AOc*XdROL RECORD OW ____ \ " COSTING *scwT LINES SSWStI HECXI YE ESTABLISHED - " AVAILABLE RECORD MAPS AND ASGESSt S MAPS. NO - TIOS PROACT. SELECT 105 RECORD MONUMENTS WERE TIED O THE PMECI COORDINATE N 1"9466.124 ELECTIOC SYSTEM TO ORIENTATE RECORD MAPS. BEARINGS AND DISTANCES E 6241021.960 UEV.-30NGVO29) yAKEpt FROM THIS DRAVMiC RD-RESENT A SOT FIT COMPILATION \UAWfCa '\ TThF%HT-OF-WAY UNM AND EXISTING EASEMENT % 2.5" MW IN ItORTHEAS CORNER OF CANNON ROAD BRIDGE SE MMflY INTENDED ESE CENTERLINM PROM&US OVER AQUA HEDWDA CREDC. 120P SOUTHWEST OF EL CAMINO REAL 10 85 USED FOR A GRAPHIC REPRESENTATION ONLY. 109 01.1St N 1928301.757 AIR RELEASE VMI( SEStTTM.' £ 6239246.182 2.5' D( 81 DRAINAGE BOX INLET ON SOUTH SIDE YROSECT LOCAL CONTROL EXISTING PIPE OF CANNON RD. 0.2 Ml 81581 OF EL. CANDIO REAL. NOTES: THE PROJECT INCLUDES APPROXIMATELY }-ACRE VEGETATION REMOVAL; CUT VEGETATION TO 6" ABOVE GRADE. NO GROUND DISTURBANCE WILL OCCUR. NO VEGETATION WILL BE STOCKPILED INTHE CHANNEL OVERNIGHT. WORK WILL BE CONDUCTED FROM DOWNSTREAM TO UPSTREAM. S. BAT AVOIDANCE SHALL BE CONDUCTED AS NOTED ON PLAN. MAINTAIN OPEN ACCESS FOR CITY SEWER. JOB PERIMETER WILL BE FIELD-MARKED BY THE PROJECT BIOLOGIST. HRS .ISOTAI $tc*At%J,. 7,CLCCS (NC Erosion Control Sediment Control BMPs 111~E Non-Storm Water Waste Management and Materials ___ BMP Management BMPs Pollution Control BMPs Best Management Practice (BMP) Description 4 Construction Activity MEN MEEMEEME ME NOM 9711 Concrete/Asphaft Saw cutting 'rT7tIJI— • • __________ Instructions: Begin by reviewing the list of construction activities and checking the box to the left of any activity that will occur during the proposed cohstruction. Add any other activity descriptions in the blank activity description boxes provided for that purpose and place a check In the box immediately to the left of the added activity description. For each activity desculbed, pick one or more best management practices (BMPs) from the list located along the top of the form. Then place an X In the box at the place where the activity row intersects with the BMP column. Do this for each activity that was checked off and for each of the selected BMPs selected from the list. Foi Example - If the project includes site access across dirt, then check the box to the left of 'Site Access Across Dirt'. Then review the list for something that applies such as "Stabilized Construction Ingress/Egress' under Tracking Control. Follow along the 'Site Access Across Dirt' row until you get to the 'Stabilized Construction ingress/Egress' column and place an X In the box where the two meet. As another example say the project Included a stockpile that you intend to cover with a plastic sheet. Since plastic sheeting is not on the list of BMPs, then write in*Cover with Plastic' in the blank column under the heading Erosion Control BMPs. Then place an X In the box where the 'Stockpiling' row Intersects the new 'Cover with Plastic' column. To learn more about what each BMP description means, you may wish to review the BMP Reference Haedout prepared to assist applicants in the selection of appropriate Best Management Practice measures. The reference also explains the California Storniwater Quality Association (CASQA) designation and how to apply the various selected BMPs to a project. E-29 , . Page 2 of 3 REV 4/30/10