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HomeMy WebLinkAboutCT 00-20; FOX MILLER PROPERTY; WATER QUALITY CERTIFICATION; 2004-05-14t , California Regional Water Quality Control Board San Diego Region Terry Tamminen Secretary for Environmental Protection Int~et Address: http://www.swrcb.ca.govlrwqcb91 9174 Sky Park Court, Snite 100, San Diego, California 92123 (;1!)O-29=:f-D~ Arnold Sdtwarzenegger GoveT7Wr PROJECT: APPLICANT: ACTION: Action on Request for Clean Water Act section 401 Water Quality Certification and Waiver of Waste Discharge Requirements for Discharge of Dredged andlor Fill Materials Fox Miller Property (File No. 04C.028) Allen Jones H.G. Fenton Company 7588 Metropolitan Drive San Diego, CA 9~108-4401 o Order for Low Impact Certification o Order for Denial of Certification • Order for Technically-conditioned Certification STANDARD CONDITIONS: • Waiver of Waste Discharge Requirements The following three standard conditions apply to all certification actions, except as noted under Condition 3 for denials (Action 3). 1. This certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the California Water Code and section 3867 of Title 23 of the California Co~ of Regulations (23 CCR). 2. This certification action is not intended and shall not be con.strued to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a PERC license unles!? the pertinent certification application was filed pursuant to 23 eCR subsection 3855(b) and the . application specifically identified that a PERC license or amendment to aFERC license for a hydroelectric facility was being sought. 3. The validity of any non-denial certification action (Actions ~ and 2) shall be conditioned upon total payment of the full fee required under 23 .CCR section 3833, unless otherwise stated in writing by the certifying agency. California Envirollmentol Protection Agency Recycled Paper o H.G. Fenton Company File No. 04C-028 ADDITIONAL CONDITIONS: In addition to the three standard conditions, the H.G. Fenton Company shall satisfy the following: A. GENERAL CONDfflONS 1. H.G. Fenton Company shall, at all times, fully comply with the engineeringpians, specifications and technical reports submitted with this application for 401 Water Quality Certification and all subsequent submittals required as part of this certification. 2. H.G. Fenton Company shall comply with the requirements of State Water Reso~es Control Board Water Quality Order No. 99-08-DWQ, the NPDES General Permit for Storm Water Discharges Associated with Construction ,Activity. 3. H.G. Fenton Company shall maintain a copy of this Certification at the project site so' as to be available at all times to site personnel and agencies. 4. Prior to the start of the project, H.G. Fenton Company shall educate all personnel on the requirements in this Certification, pollution prevention measures, and spill response. 5. H.G. Fenton Company shall pennit the Board or its authorized representative at all times, upon presentation of credentials: a) Entry onto proje<it premises, including all areas on which wetland fill or wetland mitigation is located or in which records are kept. b) Access to copy any records required to be kept under the terms and conditions of th~s certification. . c) Inspection of any treatment equipment, monitoring eqUipment, or monitoring method required by this certification. . d) Sampling of any discharge or surface water covered by this Order. 6. H.G. Fenton Company shall notify the Regional Board within 24 hourS of any unauthorized discharge to waters of the U.S. andlor State; measures that were implemented to stop and contain the discharge; measures implemented to clean-up the discharge; the volume and type of materials discharged and recovered; and additional BMPs or other measures that will be implemented to prevent future 9ischarges. 7. H.G. Fenton Company shall, at all times, maintain appropriate types and siIfficient quantities of materials onsite to contain any spill or inadvertent release of materials that may cause a condition of pollution or nuisance if the materials .reached a waters of the U.S. andlor State. 8. This Certification is not transferable to any person except after notice to the Execqtive Officer of the San Diego Regional Water Quality Control Board (Regional Board). The applicant s~all submit this notice in writing at least 30 days in advance of any ptopo$ed 2of13 H.G. Fenton Company File No. 04C-028 . transfer. The notice must include a written agreement between the existing and new owner containing a specific date for the transfer of this Certification's responsibility and coverage between the current discharger and the new discharger. This agreement shall inclqde an acknowledgement that the existing owner is liable for compliance and violations up to the transfer date and that the new owner is liable from the transfer date on. 9. In the event of any violation or threatened violation of the conditions of this certificatiQn, the violation or threatened violation shall be subject to any remedies, penalties·, process or sanctions as provided for under state law. For purposes of section 401(d) ofthe Clean Water Act, the applicability of any state law authorizing remedies, penalties, processor sanctions for the violation or threatened violation constitutes a limitation necessary to assure complian,ce with the water quality ~tandards and other pertinent requirements incorporated into this certification. 10. In response to a suspected violation of any condition of this certification, the Regional Water Quality Control Board (RWQCB) may require the holder of a:qy permit or license subject to this certification to furnish, under penalty of perjury, any technical or monitoring reports the RWQCB deems appropriate, provided that the burden, including costs, of the reports shall be a reasonable relationship to the need for the reports and the benefits to be obtained from the reports. 11. In response to any violation of the conditions of this certification, the RWQCB may add to or modify the conditions of this certification as appropriate to ensure compliance. 12. This certificatiort does not address dewatering; separate authorization (per Reigonal Board Order No. R9-2001-96) will be required from the Regional Bo~d for any dewatering impacts. 13. The treatment, storage, and disposal of wastewater during the life of the project must be done in accordance with the waiver of waste discharge requirement$ established by the Regional Board pursuant to ewe § 13260. 14. H.G. Fenton Company shall notify each lot purchaser of this Certification's requirements for post-construction best management practices. 15. Upon transfer of each lot, H.G. Fenton Company shall notify the Regional Board and provide contact infonnation for the purchaser. B. POST CONSTRUCTION STORM WATER MANAGEMENT 1. All storm drain inlet structures within the project boundaries shall be stamped and/or stenciled with appropriate language prohibiting non-stonn water discharges. . 3 of 13 H.G. Fenton Company File No. 04C-028 2. Stormwater that originates in the streets shall be treated prior to discharge to the'canyon, using inlet filters as proposed in t:be application for 401 Certification. 3. H.G. Fenton Company shall be responsible for inspection and maintenance of all post- construction structural BMPs until such responsibility is legally transferred to the local homeowners association or other entity. a. At the time maintenance responsibility for post-construction BMPs is legally transferred, H.G. Fenton Company shall submit to the Regional Board a copy of such documentation. b. At the time maintenance responsibility for post-construction BMPs is legally transferred, H.G. Fenton Company shall provide the transferee with a copy of a Iong- teon HMP maintenance plan that complies with manufacturer specifications. 4. H.G. Fenton Company shan implement site design features described in the Water Quality Technical Report for Fox-Miller Carlsbad Tract CT 00-02 (prepared by Buccola Engineering, Inc.) a. Upon transfer of each individuallpt, H,G. Fenton Company shall provide the lot purchaser with a copy of the Water Quality Technical Report for the site and inform the lot purchaser of the requirement to develop and implement on"-site post-construction BMPs based on numeric sizing criteria as described in the Water Quality Technical Report to treat the first flush of rainfall prior to discharging to Letterbox Canyon. 5. H.G. Fenton Company shall provide each lot purchaser with a subdivision and lot map that clearly distinguishes the location and pmpose of stormwater conveyance, site design. pollution prevention, and treatment BMP features installed by H.G. Fenton Company for the subdivision and lot. 6. The portion of the basin used for mitigation in Letterbox Canyon shallrtot be used as a water quality treatment facility to treat runoff from the property. a Each lot and the road shan include post-construction best management practices so that ~tormwater and urban runoff shall be treated to remove potential pollutants prior to being discharged into the mitigation basin in Letterbox Canyon. 7. Flood and stonnwater conveyance maintenance activities within the basin, including .... ,- disturbance andlor removal of sediments and vegetation (other than the removal of trash and exotic species) shall only occur in the western 15-feet of the basin . . a. The western area of the basin proposed for limited maintenance activity shall be demarcated, without the use of flow constriction devices; so that maintenance personnel are made aware to avoid impacting the mitigation area. 4of13 H.G. Fenton Company File No. 04C"(}28 c. MI1'IGATION 1. Mitigation for pennanent impacts to 0.02 acres and temporary impacts to 0.2 acres, will be achieved by the creation of 0.3 acres of a southern willow scrub wetland and riparian community in Letterbox Canyon on-site (as described in the Habitat Restoration and Mitigation Plan, RECON, February 2004). a. Any proposed changes to the restoration and mitigation plan for waters of the State shall be provided to the Regional Board at least 60 days prior to implemeI,ltation. 2. Irrigation equipment installed to support the establishment of the mitigation vegetation'shall not be abandoned in place, and it shall be removed upon or prior to attait1II).ent of mitigation success criteria. 3. Within 90 days of the issuance of this certification, H.O. Fenton Company shall provide a draft preservation mechanism (e.g. deed restriction, conservation easement, etc.) that will protect all mitigation areas and their buffers in perpetuity. The conservation easement or other legal limitation on the mitigation property shall be adequate to demon$trate that the' site will be maintained without future development or encroachment on the site or which could otherwise reduce the functions and values of the site for the variety of beneficial uses of waters of the U.S. that it supports. The conservation easement or other appropriate legal limitation shall prohibit, without exception, all residential, commercial, industrial, institutional, and transportation development, and any other in:fra&tructure development that would not maintain or enhance the wetland functions and values of the ,site. Other infrastructure development to be prohibited includes, but is not limited to, &dditional utjIity lines, paved maintenance roads, and areas of maintained landscaping for recreation. The H.G. Fenton Company shall submit proof of a completed preservation mech.anism within QM ~ of issuance of this certification. 4. H.G. Fenton Company shall submit a report (including topography maps and planting locations) to the Regional Board within 90 days of completion of mitigation site preparation and planting, describing as-built status of the mitigation project. If the site grading and planting are not completed within six weeks of each other, separate reports will be submitted describing those specific as-built conditions. a. The As-Built report shall include a description of the mitigation reference site, including photo documentation, vegetation community analysis, and assessment of hydrologic, biochemical, and habitat functions. Sof13 H.G. Fenton Company File No. 04C-028 5. The construction of proposed mitigation shan be completed within the same calendar year as impacts occur, or at least no later than 9 months following the close of the calendar year in which impacts first occur (e.g., if impacts occur in June 2004, construction of mitigation for all impacts muSt be completed no later than September 2005). Delays in implementing mitigation shall result in an increased mitigation ratio by 1.2 acre for each acre of impact for each year, or part thereof, of delay. 6. Mitigation areas shall be maintained free of perennial exotic plant species including, but not limited to, pampas grass, giant reed, tamarisk, sweet fennel, tree tobacco, castor bean, and pepper tree. Annual exotic plant species shall not occupy more than 5 percent of the onsite or off site mitigation areas. 7. If at a~y time during the implementation and establishment of the mitigation area(s), and prior to verific~tion of meeting success criteria, a catastrophic natural event (e.g., fire, flood) occurs and impacts the mitigation area, H.G. Fenton Company shall be responsible for repair and replanting of the damaged area(s). 8. Mitigation monitoring reports shall be submitted annually until mitigation has been deemed successful. Monitoring reports shall be submitted no later than 30 days following the end of the monitoring period. MOnitoring reports shall include, but not be limited to, the following: a) Names, qualifications, and affiliations of the persons contributing to the report; b) Tables presenting the raw data collected in the field as well as analyses of the physical and biological data; c) Qualitative and quantitative comparisons of current mitigation conditions with pre~construction conditions, previous mitigation monitoring results, and reference' site conditions; d) Photodocumentation from established reference points; e) St)!Vey report documenting boundaries of mitigation area; and f) Other items specified in the draft and final Mitigation and Monitoring Plan. D. REPPRTlNG 1. AU infonnation requested in this Certification is pursuant to California Water Code (ewC) section 13267. Civil liability may be administratively impo$ed by the Regional Board for failure to furnish requested infonnation pursuant to ewe section 13268. 2. All applications, reports, or infonnation submitted to the Regional Board shall be signed and certified as follows: ' ' 6of13 H.G. Fenton Company File No. 04C-028 "1 certify under penalty of law that 1 have personally examined and am familiar with the informatlon submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsipZe fot obtatning the information, I believe that the information is true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information. including the possibility of fine and imprisonment. " 3. The H.G. Fenton Company shall submit reports required under this certificati~, Qr other information required by the Regional Board, to: Executive Officer California Regional Water Quality Control Board San Diego Region Attn: 401 Certification; File No 04C-028 9174 Sky Park Court, Suite 100 San Diego. California 92123 7 of 13 . . H.G. Fenton Company File No. 04C-028 PUBLIC NOTIFICATION OF PROJECT APPLICATION: On March 8, 2004, receipt of the project application was posted on the SDRWQCBweb site to serve as appropriate notification to the public. REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON! JeremY-Haas California Regional Water Quality Control Board, San Diego Region 9174 Sky Park Court, Suite 100 San Diego, CA 92123 858-467-2735 haasj@rb9.swrcb.ca.gov WATER QUALITY CERTIFICATION: I hereby certify that the proposed discharge from the Fox-Miller Project (File No. 04C-Q28 ) will comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water· Quality Related Effluent Limitations"), 303 (,'Water Quality Standards and Implementation Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. This discharge is also regulated under California Regional Water Quality Control Board, San Diego Region, Waiver of Waste Discharge Requirements (Waiver Policy) No. 17. Please note that this waiver is conditional and, should new information come to our attention that indicates a water quality problem, the Regional Board may issue waste . discharge requirements at that time. Except insofar as may be modified by any preceding conditions, all certification actions are contingent on (a) the discharge being limited and all proposed mitigation being completed in strict compliance with the applicants' project description andlor on the attached Project Information Sheet, and (b) on compliance with all applicable requirements of the Regional Water Quality .Control Board's Water Quality Control Plan (Basin Plan). ~~ , )0, . Date JO H. ROBER' S utive Officer Regional Water Quality Control Board Attachments: 1. Project Infonnation 2. Distribution List 3. Location Map 4. Site Map 80fB H.G. Fenton Company Applicant: Applicant Representatives: Project Name: Project Location: Type of Project: Project Description: Federal AgencyJPermit: ATTACHMENT 1 PROJECT INFORMATION Allen Jones H.G. Fenton Company 7588 Metropolitan Drive San Diego, CA 92108-4401 619-400-0134 fax:619-400~11 ajones@hgfenton.com Wendy Loeffler ~CON 1927 Fifth Avenue San Diego, CA 92101 619-308-9333 fax: 619-308-9334 wloeffler@recon-us.com ..... Fox-MHler (401 file no. 04C-028) File No. 04C-028 The proposed project is located in the City of Carlsbad, north of Palomar -Airport Road, east of EI Camino Real, and between Faraday Avenue and College Blvd. (San Luis Rey USGS Quadrangle) Subdivision and grading of industrial lots v-The proposed project is the subdivision and grading or a 53.65 acre parcel into a five lot industrial subdivision with an open space lot and a road. The project would alsO install sewer and storm drains.- ./ The intent of the developer is to sell the fInished lots to indiv.id1i~1 owners. The four industrial lots will be graded to include on-site detention facilities, and the developers of each lot wm be responsible for design, implementation, and maintenance of the liItlmate post- construction stormwater treatment facilities, on a lot-by-Iot basis. "U.S. Army Corps of Engineers § 404, Nationwide Permit No. 39 Other Required Regulatory ."California Department ofFish and Game streambed alteration agreement~ Approvals: California Environmental Quality Act (CEQA) Compliance: Receiving Water: The City of Carlsbad issued a Mitigated Negative Declaration for the " project on November 5, 2002. Letterbox Canyon. tributary to Agua Hedionda (HSA 904.31) 90f13 H.G. Fenton Company Impacted Waters of the United States: Dredge Volume: Related Projects Implemented/to be Implemented by the Applicant(s): Compensatory Mitigation: Best Management Practices: Public Notice: Fees: / " Temporary: Streambed: 0.02 acre, 279 linear feet -/ Permanent: nla nJa Wetland: 0.03 acre, 105 linear feet Streambed: 0.017 acre, 2350 linear feet Wetland: Creation of 0.3 acre Streambed: Preservation of 0.02 acre Fil", ./ For this stage of development, the four industrial 10. to include on-site detention facilities. The subseguem each lot will be responsible for design, implementatii maintenance of the ultimate post-construction stol'JE facilities on a Iot-by.lot basis. Runoff from the new- treated with inlet mters. The City of Carlsbad has stated (April 20, 20(4) tha- ;' constructio:Q BMPs, in accordance with SUSMP erit Municipal Storm Water Permit (Regional Boa~ Or- 01) will be required for the ultimate buildout of eact:l . On March 8, 2004, receipt of the project application w~ v SDRWQCB web site to serve as appropriate notificatio::3l ,/ Total Due: $13,668 Total Paid: $13,668 (check Nos. 018033 and 018697): lO of 13 .y , H.G. Fenton Company ATTACHMENT 2 DISTRIBUTION LIST Mr. Terry Dean u.s. Army Corps of Engineers Regulatory Branch 16885 VV. Bernardo Dr .• Suite 300 A San Diego, CA 92127 (858) 674-5388 (fax) State Water Resources Control Board Division of Water Quality Wendy Loeffler RECON 1927 Fifth Avenue San Diego, CA 92101 Jayne Strommer City of Carlsbad 11 of 13 File No. 04C-028 H.G. Fenton Company ATTACHMENT 3 PROJECT LOCATION File No. 04C-028 The project is located along El Camino Real, east of College Boulevard, in Carlsbad, CA. It is south of Agua Hedionda. 120f13 ~ . H.G. Fenton Company ~. CZ2i/mpat;! IIJJ eCRROW impods REC(>N ATTACBMENT4 SITE MAP Veg"'CIfion Comrnuniti ... _ Oiegan coaslg/ $age..,..m _ V"II~ nead/egress grasslond c:::-Non·noiive 9,'!ssland -, -, Oiwrbnd·fCR ROW =-' o..v..lOP4d JurisdicflOnol Ateas jurisdidionol wcters _Weiland Sensiliv .. Species AdoJphio ~ Thfeocl-lecved brodiaeo • nigh dansliy t:S:::I Th~.leQv8d brodiCleC -low de[lSily • California QIla1caic:her (20001200Ioa-valion) FIGURE 3 Existing Biological Resources and Project Impacts 13 of 13 ~~n f£.~ \\ '2, 1.\\\\~ e.~G\~t.~~~ ~""Vl"h'"