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HomeMy WebLinkAbout3338; Agua Hedionda & Calavera Creek Dredging; Carlsbad Blvd Bridge & Basin; 2002-06-17FINAL HABITAT RESTORATION AND MONITORING PLAN FOR THE CITY OF CARLSBAD BRIDGE & THOROUGHFARE DISTRICT NO. 4, THE CALAVERA HILLS PROJECT, AND THE DETENTION BASINS PROJECT IN CARLSBAD, CALIFORNIA Prepared for PLANNING SYSTEMS 1530 FARADAY AVENUE, SUITE 100 CARLSBAD, CA 92008 Prepared by GERALD A. SCHEID SENIOR BIOLOGIST RECON NUMBER 3226B JUNE 17, 2002 'A 1927 Fifth Avenue San Diego, CA 92101 -2358 P 619,308.9333 F 619,308.9334 O This document printed on recycled paper RECON TABLE OF CONTENTS Introduction Habitat Types Proposed to Be Impacted Responsibilities Revegetation Maintenance and Monitoring References Cited 1 4 6 8 15 20 FIGURES Regional Location of the Project Project Vicinity Location of Restoration/Mitigation sites 2 3 5 TABLES Wetland Plant Community Mitigation Summary Standard Success Criteria Functional Success Criteria Riparian Scrub Planting Densities Plant materials and densities for alkali marsh areas Seeding Location and Application Rates Five-Year Maintenance and Monitoring Schedule Anticipated Exotic Species 1 9 10 12 13 14 15 17 ATTACHMENT 1: 404 Permit 2: Wetland Functional Analysis Introduction This habitat restoration and monitoiing plan provides an implementation strategy, maintenance regime, and monitoring goals for the ultimate creation of 10.7 acres of wetland/ripaiian habitat as mitigation for impacts to 2.87 acres jurisdictional waters (0.7 acre of Clean Water Act [CWA] jurisdiction, and 2.87 acres are under the State Code jurisdiction) as part of the Calavera Hills Master Plan Phase n and Bridge and Thoroughfare District No. 4 projects. A copy of the 404 permit issued for the project is provided for reference (Attachment 1). The project site is located in the northeast quadrant of the city of Carlsbad (Figures 1 and 2) and consists of three components: Calavera Hills Master Plan Phase II area. Bridge and Thoroughfare District No. 4, and two proposed detention basins. The Calavera Hills Master Plan area is bounded by State Route 78 (SR-78) in the north with the southern boundary being an east-west line approximately one-half of a mile north of the Rancho Carlsbad Mobile Home Park. Current land use in the area is predominantly agricultural with remnant southern mixed/chamise chaparral and Diegan coastal sage scrub. Agricultural development has reduced and confined the remaining riparian vegetation to a narrow strip along Calavera Creek. The project will temporarily impact 0.4 acre and directly impact 2.47 acres of jurisdictional waters including wetlands. The mitigation ratios required for each vegetation type are summarized in Table 1. Of the 2.87 acres of impacted jurisdictional area (0.7 acre CWA; 2.87 acres State Code), 1.71 acres are occupied by the federally listed least Bell's vireo. All impacts to wetlands are considered significant and will be mitigated by the creation of 10.7 acres of wetland/riparian habitat on Calavera and Little Encinas Creeks, although only 9.9 acres of mitigation is required. OCEANSIDEv SAN MARCOS PROJECT LOCATION CARLSBAD ENCINITAS^ 0 t 0 MILES 2.2 M:jobs\3225e\graphics\reginal.cdr 4.4 FIGURE 1 Regional Location of the Project K t Man-made pond Master Plan Phase II Bridge and Thoroughfare District Detention basins Feet 2000 FIGURE 2 Project Vicinity TABLE 1 WETLAND PLANT COMMUNITY MITIGATION Plant Community Project Impacts (acres) Mitigation Ratio Required On- Site Mitigation (acres) Riparian woodland/scrub'" 1.71 4:1 6.84 Riparian woodland/scrub 0.71 3 1 2.13 Riparian forest 0 3 1 0 Cismontane alkali marsH 0.18 3 1 0.54 Freshwater marsh 0.05 3 1 0.15 Non-wedand jurisdictional waters 0.24 1 1 0.24 TOTAL 2.87 9.9 * 1.71 acres of riparian woodland/scrub to be impacted are occupied by the least Bell's vireo. Mitigation will be carried out on-site by creating restoration areas along Calavera and Little Encinas Creeks (Figure 3). The northernmost mitigation site on Calavera Creek will widen the existing Calavera Creek channel to create 7.4 acres of additional wetland. The mitigation site on Little Encinas Creek will create 3.3 acres of wetlands within the "BJ" detention basin. In all restoration areas the existing non-native vegetation will be replaced with either southern willow scrub, freshwater marsh, cismontane alkali marsh, or a combination of these habitat types. Where appropriate, the southern willow scrub vegetation will be augmented with riparian forest (e.g., western sycamore), riparian woodland (various native willow species), and alkali marsh species (e.g., spiny rush, yerba mansa, saltgrass). These mitigation sites will add to and enhance the current riparian mosaic that supports least Bell's vireo along Calavera Creek. This habitat restoration and monitoring plan provides guidelines, design criteria, and construction methods through which a functioning wetland and riparian plant community can be created. Because the construction of the roadway links is expected to be phased, installation of mitigation may also be phased. Habitat Types Proposed to Be Impacted The extension of College Boulevard and Cannon Road and the Phase n Master Plan would temporarily and permanently impact a total of 2.87 acres of jurisdictional waters (0.7 acre CWA; 2.87 acres State Code), including riparian scrub, woodland and forest vegetation, seasonal and perennial cismontane alkali marsh, and non-wetland waters. A El''* Ave 1. 0 M:\ioh^V,1225h\gi^\hn)let- aprvl ig.>(RL.\t.t>» tinaJ l()/26/(K) Restoration/mitisation area O'S^ College Boulevard Alignment 1 Cannon Road Alignment 1 Diegan coastal sage scrub I Southern mixed and chamise chaparral I Riparian forest I Riparian woodland ] Riparian scrub ] Freshwater marsh I Cismontane alkali marsh ] Cismontane alkali marsh (seasonal) j Non-native grassland Eucalyptus woodland Agriculture Disturbed Developed HGURE 3 Location of Restoration/Mitigation Areas t 0 Feet IOOO 2000 wetland functional analysis was prepared for the site to rate the wetland functions and values of the existing wetlands to be impacted and the anticipated wetland functions and values to be gained after implementation of the mitigation effort (Attachment 2). The overall habitat value of the mixed riparian vegetation along the major creeks is moderate to high. Surveys indicate vegetation along Calavera Creek supports several individuals of the federally listed least Bell's vireo. The vegetation where the vireos were sighted is predominantly mule fat {Baccharis salicifolia) with a western sycamore (Platanus racemosa) overstory. The riparian scrub and riparian woodland vegetation communities throughout the area have been colonized by non-native species, including giant reed (Arundo donax), castor bean (Ricinus communis), and pampas grass (Cortderia jubata). The edges in particular have been invaded by fennel (Foeniculum vulgare) and mustard (Brassica spp) from the adjacent agricultural lands. The cismontane alkali marsh and seasonal cismontane alkali marsh found on the site are characterized by the presence of wetland species, including spiny rush (duncus acutus ssp. leopoldii), yerba mansa (Anemopsis caifornica), salt grass (Distichlis spicata), spikerush (Eleocharis sp.), and alkali heath (Frankenia salina). The seasonal marsh is generally located at the upper end of small erosional drainages on the site adjacent to Little Encinas and Agua Hedionda Creeks. The cismontane alkali marsh is significant on the site because it supports spiny rush, which is a CNPS List 4 species. Both the mixed riparian vegetation and cismontane marsh in the area are supported by water flows conveyed by the creeks and surface runoff. Agricultural uses have altered the natural hydrology on portions of the project site. Areas that historically supported drainages are now routinely disked. In many of these areas subsurface flows support disjunct patches of hydrophytic vegetation. Responsibilities A. Owner/Project Proponent The owner/project proponent shall provide detailed construction drawings, phasing plans, accurate timelines, and written project specifications in conformance with this plan. The owner/project proponent shall be responsible for funding all aspects of the project including implementation, long-term maintenance, and any needed remedial actions as determined by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), U.S. Army Corps of Engineers (USAGE), and City of Carisbad. The project proponent shall implement the mitigation measures outlined in this report prior to or concurrent with the impacts. 6 B. Project Biologist The project biologist will be an individual or team of individuals with a minimum of two years' experience in riparian community restoration. The project biologist will be retained during the project to perform the following tasks and be responsible for implementing the restoration plan in accordance with its specifications: • Consult with the contractor on any activities that may be disruptive to the mitigation. • Attend pregrading and preconstruction meetings to consult with the owner/project proponent and grading contractor and to educate the contractors on restoration goals and habitat sensitivity. • Monitor long-term maintenance activities of the mitigation area as defined herein. • Oversee and perform the required monitoring and reporting in accordance with the procedures established in this plan. C. Plant Supplier The native plant supplier may be the project biologist or a qualified native plant nursery. The plant supplier must have at least two years' experience in propagating native plants. • The plant supplier will produce properly aged plants in one-gallon containers ready for outplanting. • All plants will be produced from seed or cuttings collected on or adjacent to the site and inoculated with mycorrhizae. D. Seed Supplier The seed supplier, who may also be the project biologist, must have at least two years' experience collecting riparian seeds for restoration projects. • Only species specified by the project biologist will be collected. • Seed will be collected from the project site, whenever possible. The range of seed collection will be limited to within a radius of 10 miles of Calavera Creek. • The seed supplier must guarantee the purity of the collected seed. Revegetation Mitigation for impacts to riparian scrub, woodland, forest and cismontane alkali marsh will include the creation of a functioning southern willow scrub, freshwater marsh, and alkali marsh communities in restoration areas along Calavera and Little Encinas Creeks. A. Wetland Creation and Restoration 1. Goal of Mitigation The purpose of this wetland creation and enhancement is to replace functions and habitat values lost by impacts to wetlands and non-wetland jurisdictional waters from the proposed project. The quality of the created habitat will exceed that of the existing wetland habitat. This proposed mitigation would provide for a net increase in weriand acreage and an increase in habitat values beyond extant conditions. 2. Types of Habitat to Be Created Impacts to jurisdictional wetiands and non-wetiand jurisdictional waters will be mitigated by the ultimate creation of 10.7 acres of wetiand/riparian vegetation along Calavera and Littie Encinas Creeks. Three habitat types will be established: southern willow scrub, freshwater marsh, and alkali marsh. Southern willow scrub is a riparian community found along major drainages but occurs in small drainages as well. Typical southern willow scrub species occurring on the project site include arroyo willow (Salix lasiolepis), black willow (Salix gooddingii), mule fat, western sycamore, western ragweed (Ambrosia psilostachya), blue elderberry (Sambucus mexicana), and others. Freshwater marsh is on the site and is comprised of cattail (Typha sp.). Alkali marsh is a community that is adapted to saline/alkaline soils that are maintained by wet winter/spring and dry summer/fall conditions. Plant species that occur in this habitat type on the site include spiny rush, yerba mansa, and saltgrass. Enhancement and creation will be accomplished by widening and lowering the existing floodplain of Calavera Creek up to an additional 150 feet. Additional wetlands would be created in disturbed upland areas on Little Encinas Creek. Native species will be introduced using rooted cuttings and seeds, as well as nursery-grown container stock. 3. Functions and Values of Habitat Created A detailed description of the wetland functions anticipated after the mitigation site is successful is provided in Attachment 2. The proposed wetland mitigation would provide cover, nesting, and foraging opportunities for many of the local wildlife species including birds, insects, amphibians, and mammals. In particular, this restoration project will replace atypical least Bell's vireo habitat with southern willow scrub of higher quality. The created habitat (see Figure 3) offers an improved opportunity for breeding with less noise. This created southern willow scrub will also augment cuiTent vireo habitat located to the west in Agua Hedionda Creek. 4. Time Lapse Planting and seeding will be limited to October 15 to June 1 in order to coincide with appropriate weather conditions. Establishment of a functioning southern willow scrub, freshwater marsh, and alkali marsh community is expected to take approximately four to five years. 5. Final Success Criteria The mitigation areas will be monitored for at least five years following the completion of the installation of all plant materials. Each year of the monitoring period, the mitigation sites will be assessed using two methods; standard success criteria and the functional evaluation accepted by the U.S. Army Corps of Engineers (Stein 1999). Standard success criteria are based on measurements of vegetation cover, species composition, and species diversity. The functional-based mitigation success criteria are based on both interim and final goals that are assessed according to hydrologic, biogeochemical, and biologic conditions of the mitigation areas. Interim goals will be used to assess progress and will provide information for recommendations for remedial actions and adaptive management strategies. Final goals are used to certify the acceptance of the mitigation or the need for contingency measures. Mitigation monitoring may extend beyond the initial five-year period until the sites have achieved the ultimate success criteria, or until the U.S. Army Corps of Engineers and Califomia Department of Fish and Game determine that monitoring is no longer needed, or altemative mitigation solutions are adopted by the resource agencies. The success of the wetland mitigation is determined using criteria based on the general site characteristics and on the functional condition of the mitigation areas. General site conditions such as wildlife use, diversity of native wetland plants, native plant cover, resilience, and presence of wetland indicators will be evaluated at each mitigation area. Functional conditions are assessed to determine the functional capacity of the specific wetland resource being created. The conditions evaluated include habitat characteristics, hydrologic regime, topographic complexity, and biogeochemical processes (Stein 1999). Each year the mitigation areas will be evaluated and scores assigned to each of the success criteria assessed. These values are then compared to the standard success criteria goals and the functional interim and final goals (Tables 2 and 3, respectively). TABLE 2 STANDARD SUCCESS CRITERIA Year Native Vegetation Cover Species Composition Species Diversity 1 100% native — 2 50% 95% native 100% target species 3 80% 95% native 100% target species 4 90% 95% native 100% target species 5 90% 95% native 100% target species TABLE 3 FUNCTIONAL SUCCESS CRITERU. Evaluation Criteria Interim Target Ultimate Target Structural diversity 0.4 0.8 Spatial diversity 0.6 0.8 Exotic vegetation 0.8 1.0 Hydrologic regime 1.0 1.0 Floodprone area 0.8 1.0 Topographic complexity 0.5 0.8 Biogeochemistry 0.6 0.8 SOURCE: Stein 1999. In addition to the above success criteria, all wetland types to be created, restored, or enhanced shall meet the three-parameter wetlands criteria that include hydrophytic vegetation, hydric soils, and natural hydrology. Alkali marsh areas shall exhibit the same range of electro-conductivity as the areas to be impacted. 6. Target Hydrological Regime Agricultural development on both sides of Calavera Creek have narrowed and confined the creek and vegetation to a narrow strip. The mitigation area adjacent to the channel will be excavated and widened. Vegetation in the creek channel currentiy receives surface runoff and water flow from Lake Calaveras through Calavera Creek. This channel will likely receive additional mnoff as local development occurs. In addition to surface flow, groundwater, located within 10 feet of the surface, will facilitate revegetation. The Little Encinas Creek mitigation area is located in a low flow detention basin east of College Boulevard Reach A and south of Reach 4a of Cannon Road (see Figure 3). This basin is designed to provide flood protection for a mobile home park located immediately 10 downstream. The created riparian vegetation in this basin will receive runoff from Littie Encinas Creek. 7. Existing Functions and Values of Mitigation Area The existing vegetation on the mitigation areas adjacent to Calavera Creek is composed of agricultural land to the west of the creek and non-nastive ruderal habitat to the east of the creek. The mitigation area adjacent to Littie Encinas Creek will be located on disturbed lands. This site is dominated by weedy non-native grasses. 8. Implementation This restoration plan will use cuttings from the local area, salvaged plants collected from habitat impacted by the College Boulevard and Cannon Road extensions, as well as nursery-grown container plants. The sites will be planted with native species appropriate to southern willow scrub, freshwater marsh, and alkali marsh. ;> a. Site Preparation In the mitigation area on Calavera Creek, heavy equipment will be used to widen the existing channel by approximately 200 feet west and 150 feet east of the creek. This will create a planting area in the channel bottom within five to ten feet of the water table. In the mitigation area on Little Encinas Creek, heavy equipment will be used to bring the soil surface closer to groundwater. Where possible, the existing riparian vegetation will be clearly marked to remain undisturbed by earth-moving activities. The project biologist will be on-site during grading to ensure minimum impacts to the existing wetland vegetation. b. Irrigation Precipitation in southern California is often irregular with on average one out of every three years experiencing drought. Restoration projects dependent on natural rainfall can be severely hampered by poor rainfall years. To improve restoration success and provide greater flexibility in project implementation, an automated overhead sprinkler irrigation system will be installed prior to planting. c. Container Plants Willow, Cottonwood, and mule fat cuttings will be taken from trees within a 10-mile radius of the mitigation site for use in the creation of the southern willow scrub habitat. These cuttings will be rooted in one-gallon containers for planting at the wetland creation site. San Diego sagewort (Artemisia palmeri) and blue elderberry will be grown from locally collected seeds. Cuttings and container plant densities are presented in Table 4. Installation of native plants will begin after grading of the wetland habitat restoration area. Plant installation will be limited to the months of October 15 through June 1. 11 TABLE 4 RIPARIAN SCRUB PLANTING DENSITIES Species Number per Acre Size Mule fat 200 one-gallon Baccharis salicifolia Arroyo willow Salix lasiolepis 100 one-gallon Black willow 100 one-gallon Salix gooddingii Red willow 100 one-gallon Salix gooddingii Westem sycamore Platanus racemosa 75 one-gallon Blue elderberry Sambucus mexicana 50 one-gallon California rose 50 one-gallon Rosa californica Fremont Cottonwood 25 one-gallon Populus fremontii Salvaged plants from the alkali marsh impact areas, nursery grown stock, and seed collected from remaining alkah marsh areas within a 10-mile radius of the project will form the base line vegetation for this habitat type (Table 5). The alkali marsh species will be installed in appropriate areas of the mitigation sites where the driest conditions are anticipated during the summer and fall months. Spiny rush, saltgrass, and yerba mansa are the primary species to be used. Other alkali marsh species may be introduced in low numbers, such as alkali heath and alkali weed (Cressa truxillensis). A total of 0.54 acre of this habitat type will be created. 12 TABLE 5 PLANT MATERIALS AND DENSITIES FOR ALKALI MARSH AREAS Species Container Size Pounds/Acre Seed Number of Plugs/Acre Alkali weed Cressa truxillensis Seed or plugs or salvage plants 1.0 100 Alkali heath Frankenia salina Seed or plugs or salvaged plants 1.0 25 Spiny rush Juncus acutus Seed or plugs or salvaged plants 1.0 75 Saltgrass Distichlis spicata Seed or plugs or salvaged plants 1.0 75 TOTAL 4.0 275 Salvaged cattail tubers and collected seed will be used to create the freshwater marsh areas within the mitigation sites. Freshwater marsh habitat will be created in the wettest portions of the mitigation sites. A total of 0.15 acre of this habitat will be created. d. Seed Collection and Application Seed collection will begin at least six months prior to restoration implementation. Following installation of salvaged and container plants, the willow scrub mitigation areas will be seeded. Two different seed mixes will be prepared for the project site. One species mix will be used for low-lying areas that will eventually become riparian understory and a second upland mix will be used for berm slopes and transitional areas. To prevent disturbance of transplants, the riparian understory seed mix will be applied by hand. The upland seed mix may be either hand seeded or hydroseeded as directed by the project biologist. Target species and application rates for both seed mixes are included in Table 6. Only the transitional slopes adjacent to the freshwater marsh and alkali marsh areas will be seeded. 13 TABLE 6 RIPARIAN AND TRANSITIONAL AREA SEED MIXES Species Pounds/Acre Suggested %Purity/%Germination Arroyo willow Salix lasiolepis Mugwort Artemisia douglasiana Mule fat Baccharis salicifolia Western ragweed Ambrosia psilostachya Tarragon Artemisia dracuhculus Blue elderberry Sambucus mexicana Califomia buckwheat Eriogonum fasciculatum California sagebrush Artemisia califomica Purple needlegrass Nassella puichra Giant ryegrass Leymus condensatus Riparian Seed Mix 2 N/A 1 , 10/50 3 2/20 2 85/25 1 10/50 Transitional Area and Slope Mix 2 95/20 3 10/65 2 15/50 3 70/60 0.25 70/80 B. Buffers Buffer areas will be provided adjacent to preserved portions of Calavera Creek and Little Encinas Creek, including the proposed mitigation sites. The buffers are composed of a mixture of native and non-native habitat types (see Figure 3). Buffer distances are anticipated to range from a minimum of 100 feet to several hundred feet from the edge of the wetland habitat, depending on the location. Edge effects are anticipated to be very limited given the size and location of buffer areas adjacent to the mitigation areas and preserved portions of the creeks. These large buffer areas also eliminate the need for barriers to be installed. Human intmsion into the mitigation areas is not anticipated to be common given the large natural open space areas adjacent to the sites. However, to ensure that the purpose of the mitigation areas is understood by people using the natural open space system, signage will be placed along the edge of the wetiand areas stating that these areas have been installed to create native habitat for plant and wildlife species. 14 C. As-built Plan Within 45 days of the completion of mitigation implementation, an as-built plan will be submitted to the City of Carisbad, CDFG, and USAGE. This plan will include implementation dates, plant numbers and locations, and any significant problems encountered or if changes are needed to be made in the field during implementation of the final restoration plan, to determine if the mitigation project has been built as proposed. Maintenance and Monitoring The objectives of the maintenance and monitoring program are to ensure successful habitat establishment and development of an information base, which documents the maintenance and monitoring efforts. To achieve these objectives, the project biologist will observe and direct restoration implementation, maintenance, and monitoring activities. The monitoring and maintenance period will begin immediately upon completion of plant installation and will last for a period of at least five years, as presented in Table 7. Additional maintenance and monitoring may be required beyond the initial five years if performance/success criteria for the mitigation site are not met. The maintenance program will ensure that debris removal, weed control, replanting and reseeding, site protection, and other tasks are adequately performed. Maintenance measures will be conducted as outlined below for all restoration and enhancement areas. TABLE 7 FIVE-YEAR MAINTENANCE AND MONITORING SCHEDULE Tasks Year 1 Year 2 Year 3 Year 4 Year 5 Weeding Quarterly Quarterly Quarterly Biannually Biannually Trash removal Monthly Quarterly Quarterly Quarterly Quarterly Qualitative monitoring Monthly Monthly Quarterly Quarterly Quarterly Quantitative monitoring None Spring Spring Spring Spring A. Implementation Monitoring The mitigation monitoring period will begin with initial site grading and will last for at least five years following completion of planting. To ensure that conditions of this restoration plan are adhered to, all implementation activities will be monitored and recorded by the project biologist. The biologist will be available on-site during 15 revegetation implementation to assist in making necessary plan modifications so the work may proceed. Records will include dates of translocation of salvaged species, container plantings, and seeding. These will be included in the first annual repoit. B. General Maintenance Procedures General maintenance will begin following the installation of all plant materials. Maintenance tasks are anticipated to continue for five years. 1. Vegetation Clearing and Trash Removal Pruning of any native vegetation or removal of dead wood and leaf litter shall not be allowed in the revegetation areas. Trash will be removed from the sites by hand on a monthly basis for the duration of the first year and quarterly thereafter. Trash consists of all man-made materials, equipment, or debris left within the restoration area that is not serving a function related to revegetation. 2. Weed Control Weed control will continue throughout the five-year monitoring period. Utility easements adjacent to or within the restoration areas will be included in weed control activities for the project. Hand weeding or other weed control methods will be performed by maintenance workers familiar with and trained to distinguish weeds from native species. Dethatching will be performed on an as-needed basis. During the first year, weeding will be performed quarterly (or more often as determined by the project biologist) to keep weeds from producing seeds and to control weed competition during the establishment period of native plants. Weed control will continue quarterly for years two and three and twice a year or as needed in years 4 and 5. Weeds will be killed or removed before they set seeds. Appropriate weed control measures will be implemented under the direction of the project biologist. A list of exotic species anticipated on the site is presented in Table 8. In the event that additional invasive species are encountered, the project biologist shall refine control measures to address the problem. 16 TABLE 8 ANTICIPATED EXOTIC SPECIES Scientific Name Common Name Arundo donax Giant reed Cynara cardunculs Artichoke thistle Brassica nigra Mustard Cortaderia selloana Selloa pampas grass Erodium sp. Filaree, storksbill Avena barbata ' Wild oats Foeniculum vulgare Sweet fennel Nicotiana glauca Tree tobacco Ricinus communis Castor bean Raphanus sativus Wild radish 3. Irrigation The irrigation will be applied at the discretion of the project biologist. The irrigation schedule will vary depending on weather patterns. Although the irrigation systems will be maintained throughout the five-year maintenance period, the addition of supplemental water to the mitigation areas will be initially discontinued after the second year to determine if "natural" hydrologic conditions are sufficient to support the mitigation habitat. 4. Plant Maintenance One goal of the habitat mitigation is to establish native plant cover throughout the mitigation site. Variations in site conditions will result in a mosaic of vegetation growth that is similar to undisturbed habitats. Native plant materials will be maintained on the site to minimize the size and distribution of bare areas. As such, barren areas greater than one-meter-square in portions of the mitigation site where plant growth is expected shall be replanted with appropriate native species to create the desired vegetation cover. C. Qualitative Monitoring Evaluating plant health and identifying and correcting problems are necessary for ensuring successful vegetation establishment. The site will be monitored weekly during site preparation, monthly for the first two years, and quarterly for the remainder of the project. The project biologist will review the restoration areas to examine transplant vigor, and exotic plant encroachment. The biologist will document the findings and make recommendations for remedial actions, if necessary. 17 A list of plant and wildlife species observed on the restoration site will be compiled during each qualitative monitoring visit. A list of plant species present and a description of wildlife (including least Bell's vireo) use will be included with each annual report. The development of hydrologic and biogeochemical functions at the mitigation sites will be assessed qualitatively. Hydrologic functions (e.g., hydrologic regime, characteristics of the flood prone area, and topographic complexity) will be assessed using the methodology approved by USAGE (Stein 1999). Biogeochemical processes will be assessed qualitatively through observations of the development of vegetation cover and build up of leaf litter, debris, and organic detritus at the mitigation sites, according to the approved methodology (Stein 1999). D. Quantitative Monitoring Quantitative monitoring will be performed to measure development of vegetation in the restoration and enhancement areas and to document that the restoration areas achieve the success criteria as defined by the performance standards. Beginning in year 2, permanent vegetation sampling stations will be established within each restoration site to measure year-to-year changes in herb, shrub, or tree cover, and diversity following the protocol of the Califomia Native Plant Society Plant Communities Project (Sawyer and Keeler-Wolf 1995). The CNPS sampling method is based on a 50-meter point transect centered on a 5x50- meter plot. Using this method, vegetation is sampled by the point method at 0.5-meter intervals along the 50-meter transect to determine cover. The surveyor will note the species encountered and classify its height (i.e., herb, shrub, or tree) at each interval. In addition, each shrub-sized individual of each perennial species growing in the 5x50-meter plot will be counted to determine shrub presence and diversity. All annuals present in the 5x50-meter plot will also be noted. Sampling will be conducted in the spring so that the maximum species diversity will be recorded. At least three plots per mitigation area will be used to determine vegetation cover, plant community composition, and plant diversity. A photograph will be taken from each sample endpoint (toward the plot) each time the site is monitored to record the progress of mitigation over the monitoring period. E. Monitoring Reports Annual reports summarizing monitoring results will be submitted to CDFG, USAGE, and the City of Carlsbad by the project biologist within 90 days of data collection. The quantitative report will include survey methods, data summary analysis, performance 18 standards comparison, discussion, remedial action discussion, recommendations, and photodocumentation. Each annual report will compare findings of the current yeai- with those in previous years. F. Performance Standards Restoration of the Calaveras Creek mitigation areas will be considered successful when both the standard and functional performance criteria have been met. If the minimum levels for any one of the measurements (see Tables 2 and 3) are not achieved in any year, the project biologist will implement remedial actions, such as replanting container stock, to reach the following year's expected levels. In order to meet the performance standards, the habitat must sustain itself for a minimum of one year (meeting the fifth-year performance standards) in the absence of significant maintenance measures any year during the five-year monitoring period. Significant maintenance includes replanting and eradication of weed infestations. Other maintenance measures, such as minor weed control, may continue until the end of the monitoring period. 1. Tolerance of Weeds The cover of non-native annual grasses and herbs, such as brome grass or filaree, as identified by the project biologist, will be no more than 5 percent of the total vegetation cover. No invasive exotic perennials, such as giant reed, pampas grass, and tamarisk, will be permitted on the revegetation sites. 2. Remedial Measures If performance criteria are not achieved at the end of the fifth year, the permittee will consult with CDFG, USAGE, and the City of Carisbad to determine whether the mitigation effort is acceptable. The owner/project proponent understands that failure of any significant portion of the initigation area may result in a requirement to replace or revegetate that portion of the site. G. Notification of Completion At the end of the fifth year, a final report will be submitted to the resource agencies evaluating the success of the mitigation. The report will make a determination of whether the requirements of the mitigation plan have been achieved. At the conclusion of the five-year monitoring period, or at such time the project has achieved the performance standards, the project biologist shall inform the owner/project proponent, CDFG, USAGE, and the City of Carlsbad. A site review will be scheduled for 19 all parties to review the revegetated sites. Upon confirmation of project success, the agencies shall release the owner/project proponent of all obligations. References Cited Sawyer, J. O., and T. Keeler-Wolf 1995 A Manual of California Vegetation. California Native Plant Society. Sacramento. Stein, E. 1999 Function-Based Performance Standards for Evaluating the Success of Riparian and Depressional/Emergent Marsh Mitigation Sites. Prepared for the U.S. Army Corps of Engineers, Los Angeles District - Regulatory Branch. May. 20 ATTACHMENTS r ATTACHMENT 1 REPLY TO ATTENTION OF; Office of the Chief Regtilatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 16885 WEST BERNARDO DRIVE, SUITE 300A SAN DIEGO, CALIFORNIA 92127 May 15, 2002 Calavera Hills U, LLC and Mr. Brian MiUich 2727 Hoover Avenue National City, CA 91950 City of Carlsbad Mr. David Haitser 1635 Faraday Avenue Carlsbad, CA 92008 Dear Messrs. MOich and Hauser: Enclosed you will find a signed copy of your Departinent of the Army Pennit (File # 2001- 00215-RLK). Please retain this copy for yotir files. Thank you for participating in our regulatory program. If you have any questiorts, please contact Mr. Russell L. Kaiser at (213) 452-3293. Sincerely, Mark F. Sudol, D.Env. Chief, Regulatory Branch Enclosures |IH^i^|!.|kC>^^\>•^ LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PERMIT Permittee: Pennit Number: Calavera Hills II, LLC and Mr. Brian Millich 2727 Hoover Avenue National City, CA 91950 200100215-RLK City of Carlsbad Mr. David Hauser 1635 Faraday Avenue Carlsbad, CA 92008 Issuing Office: Los Angeles District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditiorts specified below. Project Location: The proposed project is located iri the northeast quadrant of the City of Carlsbad in San Diego Coimty, Califorrtia. Project Description: The project consists of three major components: (1) Cortstruction of up to 781 residential units as well as associated infrastructure, commtmity facilities and natural open space within the Calavera HUls Master Plarmed Conmiuruty; (2) Cortstruction of the extension of College Boulevard from its existing northem tenninus within the Calavera HUls Community to its existing southem terminus just northerly of El Camino Real, as well as the extension of Carmon Road from its existing westem terminus at El Camino Real to its proposed intersection with CoUege Boulevard; and (3) Constmction and operation of two flood control basins (Basins BJB and BJ) with a storage capacity of 49 acre-feet and 48 acre-feet, respectively. The berms necessary for the flood control basins are integrated into the culverted roadway crossings (Figiure 1). Project Authorization: You are authorized to discharge fill in 0.70 acre of waters of the Uruted States (U.S.), including Calavera Creek, Aqua Hedionda Creek, Little Encinas Creek, and other , cormected urmamed tributary waters and/or wetlands to constmct the project described above. Of the total impacts on waters of the U.S., 0.64 acre would be permanent and 0.06 acre would be temporary. Of the permanent impacts, 0.28 acre would occur on wetland waters and 0.36 would occur on non-wetland waters of the U.S. AU temporary impacts would occvtr on non- wetland waters of the U.S. The following table sets forth the specific activities and impacts associated with the proposed activity and Figure 4 identifies the waters of the U.S. and the impact areas. PROIECT IMPACTS ON WATERS OF THE U.S. Project Component Ripa Wood rian land Freshwater Marsh Cismontane Alkali Marsh TO' Wetlanc fAL 1 Waters TOTAL Non-Wetland Waters Perm Temp Perm Temp Perm Temp Perm Temp Perm Temp Calavera Hills Phase n 0.1 0.1 0.2 0.0 Cannon Rd. Reach 3 0.08 0.08 0.0 0.0 College Reach A 0.04 0.05 0.09 0.03 0.06 College Reach B 0.0 0.0 College Reach C 0.0 0.0 College / Cannon Intersect 0.01 -0.01 0.13 0.0 Detention Basins 0.0 0.0 TOTAL 0.05 0.0 0.05 0.0 0.18 0.0 0.28 0 0.36 0.06 Permit Conditions. General Conditions: 1. The time limit for completing the authorized activity ends on Jvdy 1, 2004. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with fhe terms and conditions of this permit. You are not reUeved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compUance with General Condition 4 below. ShoiUd you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification from this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains whUe accomplishing the activity authorized by this permit, you must immediately notify this office of what you have fotmd. We wiU initiate the Federal and state coordination required to determine if fhe remains warrant a recovery effort or if the site is eUgible for listing in the National Register of Historic Places. 4. If you seU the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to vaUdate the transfer of this authorization. 5. If a conditioned water quaUty certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must aUow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. Special Conditions: 1 Pre-Cnnstrurtinn Rpquirements: 1.1 Thirty days prior to the discharge of fUl in waters of the U.S., including wetlands, the Pennittee shaU submit for Corps approval a Pre-Construction Operations (CO) Plan. The Pre-CO plan shaU include: 1.1.1 Proposed constmction timeline and sequencing. 1.1.2 Pre-constmction surveys defining project boimdaries with respect to avoidance of Section 404 Resources (e.g., waters of the U.S., biological and cultural). 1.1.3 Site plan delineating boundaries for staging, fueling and storage areas. Storage areas shaU include sites for spoU and borrow materials. Staging, fueling and storage areas shaU not be located within 100 feet of waters of the U.S. 1.1.4 Measures to be taken to prevent an unpermitted discharge(s) of fUl into Waters of the U.S. may include use of sUt nets, hay bales and other Best Management Practices (outside of Waters of the U.S.), including use of emergency spUl kits. 1.1.5 Photographs documenting site conditions, including work limits and resource exclusion areas. Photographs shaU show demarcated (staked/roped) constmction areas, and exclusion areas, including waters of the U.S., cultural resources, and open space areas. In addition, the Pennittee shaU: 1.1.5.1 Retain a Corps approved biologist to monitor and inspect aU on-site activities. The CO Plan shaU identiJFy the biologist's name, address, phone nuinber, emaU address and experience/credentials. The biologist shaU review, oversee, morutor, and/or inspect: 1.1.5.1.1 Grading and site plans; 1.1.5.1.2 Installation of rope to demarcate constmction work and open space areas; 1.1.5.1.3 All grading, excavation and ground (and non-ground) disturbance activities in (or near) Waters of the U.S., and 1.1.5.1.4 Compliance of avoidance measures for open space areas. 1.1.5.1.5 Furthermore, the Corps approved biologist shall: 1.1.5.1.5.1 Be empowered to halt constmction and contact Corps, Regulatory Project Manager if he/she believes the terms and conditions of the authorization are being violated, with non-compliance reported to the Corps within one hour of detection; and 1.1.5.1.5.2 Implement and morutor the mitigation program. 1.1.5.2 Retain a Corps approved cultural resource specialist to monitor and inspect all on-site activities, near CA-SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI- 5434, SA-SDI-5436, and Temp 5. The CO Plan shaU identify tiie cultiiral resource specialist's name, address, phone number, email address and experience/credentials. The cultural resource specialist shall review, oversee, morutor, and/or inspect: 1.1.5.2.1 AU activities, investigations, and reporting requirements for Section 106 Compliance witii CA-SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-5434, SA-SDI-5436, and Temp 5 sites. No work shaU be performed within a 100-foot radius of CA-SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI- 5434, SA-SDI-5436, and Temp 5 except as aUowed in Section 2.4. In addition, the monitor shaU be onsite during aU ground disturbance activities. 1.1.5.2.2 Furthermore, the Corps approved cultural resource specialist shaU: 1.1.5.2.2.1 Be empowered to halt constmction and contact Corps, Regulatory Project Manager . if he/she beUeves the terms and conditions of fhe authorization are being violated, with non-compliance reported to the Corps within one hour of detection; and 1.1.5.2.2.2 Implement and monitor the mitigation program, if warranted. 1.2 The Corps may conduct onsite field investigations prior to and during constmction activities to inspect for compUance with aU conditions listed herein. 2 Mitigation Rpquirements: 2.1 The Permittee shaU comply witii tiie Biological Opinion (FWS-SDG-1597.4, dated March 14, 2002; aU terms and conditions are non-discretionary, pp. 31-33). 2.2 The Permittee shaU post a Performance Bond (or bonds) for 120% of the anticipated costs of the mitigation and monitoring associated with the project. 2.2.1 The bonding company must appear on the Department of Treasury Circular 570, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies. For a cunent list of Treasury-authorized companies, write or caU the Surety Bond Branch, Financial Management Services, Departinent of tiie Treasury, Washington D.C. 20227; (202) 874-6850. 2.2.2 The performance bond(s) shaU be conditioned such that if the Permittee defaults on the mitigation requirements stated in the special conditions herein, the bonding company shaU assume all responsibiUty for the mitigation requirements of this pennit. 2.2.3 The performance bond(s) shaU be released only upon a determination by the Corps that successful mitigation has been completed. 2.2.4 The Perrruttee shall submit a draft bond with an itemized costs Ust for the mitigation components relating to fhe initial phase of work (Calavera HUls Phase II, College Reaches B and C, detention basin BJB and Carmon Reach 3) to the Corps for approval at least five days prior to initiating waters/wetlands impact authorized by this permit. A second bond with an itemized costs list for the mitigation components relating to the second phase of work (College Reach A and detention basin BJ) shaU be submitted at least 60 days prior to commencing work on College Reach A or detention basin BJ. 2.2.5 The Permittee shall submit the final bond for the amount approved by the Corps for the initial phase of work within 30 days of initiating waters/wetlands impact authorized by this pemut. In the event rrutigation costs exceed or otherwise deviate from the amount of the performance bond (120% of anticipated cost of mitigation and monitoring) originaUy posted, the Permittee shaU revise the performance bond to reflect tme cost (based on fhe final Corps-approved mitigation and monitoring plan). The Permittee shall submit the final bond for the amount approved by the Corps for the second phase of work at least 15 days prior to commencing work on CoUege Reach A or detention basin BJ. 2.3 The Permittee shall abide by the terms and conditions of the Mitigation Guidelines & Monitoring Requirements outlined in the Habitat Restoration and Morutoring Plan for the City of Carlsbad Bridge & Thoroughfare District No. 4, the Calavera HUls Project, and the Detention Basins Project in Carlsbad, Califomia, dated AprU 3, 2002, as approved and revised by the Corps, and hereafter referred to as the "Plan" as follows: 2.3.1 The Permittee shaU finalize the Plan within 90 days of issuance of this permit. The Final Plan shaU incorporate Corps comments on the draft as weU as the final plans and specifications for each of the different mitigation sites. 2.3.2 The Permittee shaU establish and maintain the open space conservation areas for project riparian mitigation areas associated with each of the two phases of impacts. The Pennittee shaU record conservation easements, which shaU run with the land, obUgating the Permittee or their successor or assigns to maintain aU mitigation (creation, enhancement and preservation) area as natural open space in perpetuity. The Permittee shaU receive, written approval from the Corps for the easement language prior to it being recorded. The Corps-approved conservation easement for the area underlying the irutial phase of mitigation shaU be submitted to Corps-approved recipient of the easement no later than 90 days from the date of issuance of the permit. The form of conservation easement for the area underlying the second phase of mitigation shaU be approved by the Corps at least 30 days prior to the commencement of work on College Boulevard Reach A and detention basin BJ. The Corps-approved conservation easement for the area underlying the second phase of mitigation shaU be submitted to the Corps- approved recipient of the easement prior to commencing work on College Reach A or detention basin BJ. 2.3.3 The Permittee shall create 10.7 acres of vegetated riparian habitat, as presented in the Plan. Of this total, 8.1 acres wiU consist of riparian woodland, 1.7 acre wiU consist of riparian scmb, 0.7 acre of cismontane alkali marsh, and 0.2 acre of non-wetland waters, as described in the Habitat Restoration and Monitoring Plan for the City of Carlsbad Bridge & Thoroughfare District No. 4, the Calavera Hills Project, and the Detention Basins Project in Carlsbad, California, dated April 3,2002. 2.4 The Permittee shall temporarUy avoid work in areas near potentiaUy eUgible sites for listing under tiie National Register of Historic Places (NRHP), including CA-SDI-9092, CA-SDI- 9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-5434, SA-SDI-5436, and Temp 5, until tiie Corps, in coordination with the State Historic Preservation Office, has completed the Section 106 process and a determination of findings is made. Until the process is complete, the Perrruttee shall: 2.4.1 Place Exclusionary Fencing, five days prior to initiation of constmction, around CA- SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-5434, SA-SDI-5436, and Temp 5. No work shall be performed within a 100-foot radius of CA-SDI-9092, CA- SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDI-5434, SA-SDI-5436, and Temp 5. 2.4.2 Perfonn aU further investigations, studies and mitigation, as directed by the Corps, to determine if site(s) is\(are) eligible for listing under the NRHP. The Permittee shaU fund aU investigations required by the Corps. For reporting purposes, the Pennittee shaU prepare a Draft Mitigation Plan, which shaU be submitted for Corps review and approval. FoUowing completion of the investigations, a Final Report shall be prepared by the Permittee and submitted for Corps approval. 2.4.3 Request Corps release of the site(s), upon completion of the cultural resoiurce investigations. Again, no constmction work shaU be conducted within the exclusion area untU the Corps provides a letter indicating site compUance has been completed. Once the findings of the evaluation have been determined, work efforts may be permitted with modifications and if only aU appropriate mitigation measures are undertaken, per 36 CFR 800.11. 2.4.4 Not perform any activities which may affect historic properties Usted, or eligible for Usting, in the NRHP is authorized, until the District Engineer (DE) has compUed with tiie provisions of 33 CFR Part 325, Appendbc C. The Pennittee must notify tiie DE if the authorized activity may affect any historic properties listed, determined to be eligible for listing, or which the Pennittee has reason to beUeve may be eUgible for Usting on the NRHP, and shaU not begin the activity until notified by fhe DE that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. 2.4.5 Immediately suspend aU work in an area(s) where potential cultural resources are discovered prior to or during constmction and caimot be avoided. Work wUl not resume untU the Corps re-authorizes project constmction, per 36 CFR 800.11. 3 Pncf rrtn-jfrurtinn- 3.1 The Permittee shall submit a "Post-Constmction Operations Report" to the Corps within 30 days from the date constmction is completed. The Post CO Report shaU include: 3.1.1 A summary of project compUance with the measures identified above (including noncompliance and conective actions taken to achieve compUance); and 3.1.2 As-built plans of the Calavera HUls, Phase II, project development with a discussion of any variances from the authorized Plan. 3.2 The Pennittee shall be responsible for mitigating any additional impacts to waters of the U.S. outside the authorized constmction footprints. Additional rrutigation shall be conducted at a ininimum ratio of 5:1. In the event that additional mitigation is required, the type of mitigation shaU be determined by the Corps and may include enhancement, restoration, creation, or preservation. 3.3 The Permittee shall submit monitoring reports, per the Mitigation Guidelines and Monitoring Requirements for the Plan (Condition No. 2.3 above) for mitigation efforts to the Corps for a minimum of five years and until such a time as the mitigation is deemed successful by the Corps. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of tiie River and Harbor Act of 1899 (33 U.S.C. 403). , (X) Section 404 of tiie Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.1413). 2. Limits of this authorization. 2.1 This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. 2.2 This permit does not grant any property rights or exclusive privUeges. 2.3 This permit does not authorize any injury to the property or rights of others. 2.4 This pennit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal LiabUity. In issuing this permit, the Federal Govemment does not assume any UabUity for the foUowing: 3.1 Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. ' 3.2 Damages to the pennitted project or uses thereof as a result of cunent or future activities undertaken by or on behalf of the United States in the pubUc interest. 3.3 Damages to persons, property, or to other permitted or unpermitted activities or stmctures caused by the activity auttiorized by this pennit. 3.4 Design or constmction deficiencies associated with the permitted work. 3.5 Damage claims associated with any future modification, suspension, or revocation of this permit. 4. ReUance on AppUcant's Data. The determination of this office that issuance of this pennit is not conttary to the pubUc interest was made in reUance on the itiformation you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this pennit at any time the circumstances wanant. Circumstances that could require a reevaluation indude, but are not Umited to, the foUowing: 5.1 You faU to comply with the terms and conditions of this permit. 5.2 The information provided by you in support of your pennit appUcation proves to have been false, incomplete, or inaccurate (See 4 above). 5.3 Significant new information surfaces which this office did not consider in reaching the original pubUc interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You wiU be required to pay for any conective measure ordered by this office, and if you faU to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the conective measures by conttact or otherwise and bUl you for the cost. 6. Extensions. General condition 1 establishes a time Umit for the completion of the activity authorized by this pennit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the pubUc interest decision, the Corps wUl normaUy give you favorable consideration to a request for an extension of this time Umit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of fhis permit. PERMITTEE /S^^^/W. T't^fC/W S(//f DATE PERMITTEE OM^IO U^O^/^ peeory C/T/ t^6rfi/ci^<- DATE This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. Mark F. Sudol, abrtv. Chief, Regulatory Branch DATE When the stmctvures or work authorized by this permit are stiU in existence at the time the property is transfened, the terms and conditions of this permit wiU continue to be binding on the new owner(s) of the property. To vaUdate the transfer of this permit and the associated UabiUties associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE DATE LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number 2001-00215-RLK Name of Permittee: Claavera Hills II, LLC Date of Issuance: Upon completion of the activity authorized by this permit, sign tiiis certification and retum it to fhe foUowing address: Regulatory Branch - Los Angeles District Office ATTN: CESPL-CO-R-2001-00215-RLK P.O. Box 532711 Los Angeles, Califomia 90053-2325 Please note that your pennitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you faU to comply with this permit you may be subject to pennit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Pennittee Date Signature of Permittee Date 10 '^^^d]jdd ^i^-4%^d^^^& PROPOSED PROJECT BIIIIWU LTIMTW — ATTACHMENT 2 WETLAND FUNCTIONAL ANALYSIS FOR THE CITY OF CARLSBAD BRIDGE & THOROUGHFARE DISTRICT NO. 4, THE CALAVERA HILLS PROJECT, AND THE DETENTION BASINS PROJECT IN CARLSBAD, CALIFORNIA Prepared for PLANNING SYSTEMS 1530 FARADAY AVENUE, SUITE 100 CARLSBAD, CA 92008 1927 Fifth Avenue, Suite 200 San Diego, CA 92101-2358 619/ 308-9333 fax 308-9334 . Prepared by GERALD A. SCHEK) SENIOR BIOLOGIST RECON NUMBER 3226B OCTOBER 26, 2001 \if This document printed on recycled paper TABLE OF CONTENTS Introduction 1 Project Description 1 A. Project Location 1 B. Summary of Overall Project 1 Wetland Functions of Existing Jurisdictional Areas to be Impacted 5 A. Habitat Characteristics 5 B. Floodplain Characteristics 17 C. Biogeochemical Processes 18 Water Quality and Beneficial Uses 19 Wetland Functions of Habitat to Be Restored/Created 20 A. Habitat Characteristics 20 B. Floodplain Characteristics 20 C. Biogeochemical Processes 21 D. Evaluation of the Mitigation Areas 21 References Cited 22 FIGURES 1: Regional location 2 2: Vicinity map 3 TABLES Functional Analysis Ratings for Calavera Creek 6 Functional Analysis Ratings for Littie Encinas Creek 7 Functional Analysis Ratings for Aqua Hedionda Creek 8 Functional Analysis Ratings for Jurisdictional Waters in Phase n Master Plan Areas 9 TABLE OF CONTENTS (cont.) PHOTOGRAPHS 1: Riparian Woodland along Calavera Creek 11 2: Location on Calavera Creek Where the Intersection of Proposed College Boulevard and Cannon Road will Impact the Creek 11 3: Freshwater Marsh Wetiand Adjacent to Calavera Creek 12 4: Non-Wetiand Drainage in Coastal Sage Scrub 13 5: Non-Wetiand Waters Affected by Agricultural Activities 13 6: Location on Agua Hedionda Creek Where Proposed College Boulevard Bridge wiU Impact the Creek 14 7: Riparian Woodland along Littie Encina Creek 15 Introduction The wetland functional analysis contained in this report provides a description of the functions and values of the existing wetiand and proposed mitigation areas. This document has been prepared to embody the Function-Based Method for Assigning Mitigation Ratios for Impacts to Riparian Systems (Stein 1999a). Anticipated wetiand functions and values at the proposed mitigation sites are also discussed. Project Description A. Project Location The Calavera Hills Master Plan Amendment & Bridge and Thoroughfare District No. 4 & Detention Basin project is located in the northeast quadrant of the city of Carlsbad (Figures 1 and 2). The 412.6-acre Calavera Hills Master Plan Phase n development area is bounded by the Oceanside city limits along with State Route 78 (SR-78) on the north and the southern boundary being approximately one-half mile north of the Rancho Carlsbad Mobile Home Park. The master plan's western extent is near Carlsbad Village Drive and the easterly boundary is just west of Calavera Lake. The College Boulevard and Cannon Road extensions run north-south, east-west (respectively) between the Rancho Carlsbad Mobile Home Park and the Master Plan area. The detention basins would be located near the roads on Calavera Creek and Littie Encina Creek. Watercourses that occur within the project area include Calavera Creek, Agua Hedionda Creek, and Little Encina Creek. B. Summary of Overall Project The proposed Phase n of the Master Plan would allow for the construction of a maximum of 781 residential units within a series of villages. Other community facilities and infrastructure improvements to the Phase 11 Master Plan area are roads, utility lines, drainage improvements, and other public and community facilities. The second component of the project is the formation by the City of Carlsbad of a Bridge and Thoroughfare District No. 4 for the extensions of College Boulevard and Cannon Road. College Boulevard (Reaches A, B, and C) would be extended from within the Calavera Hills Master Plan at Carlsbad Village Drive southerly to El Camino Real (approximately 9,500 feet). The Bridge and Thoroughfare District encompasses the reach of College Boulevard (Reach C) that lies within the boundaries of the Calavera Hills Master Plan. Cannon Road (Reaches 3 and 4) would be extended from El Camino Real easterly to the city of Oceanside (approximately 9,100 feet). Although the Bridge and OCEANSIDE. PROJECT LOCATION CARLSBAD (761 SAN MARCOS ENCINITAS^ t 0 MILES 2.2 M-.jobsVi225e\graphics\regina\.cdr 4.4 FIGURE 1 Regional Location ofthe Project i Basin BJ • m t 5? Man-made pond Master Plan Phase II Bridge and Thoroughfare District Detention basins Feet 2000 FIGURE 2 Project Vicinity Thoroughfare District funding is not expected to include Cannon Road Reach 4, it is included in this permit application to provide the cumulative effect of the project. Final design changes are being considered for Cannon Road Reach 4 that could further minimize impacts to jurisdictional waters through avoidance and buffer areas. A total of 94 percent of the wetland impacts are a result of construction of these roadway links. The design of Reaches A-C for College Boulevard and Reaches 3-4 for Cannon Road included all grading, improvements, bridges, retaining walls, erosion control and landscaping, drainage, and all other improvements associated with development of major arterial roadways. Both Cannon Road and College Boulevard are shown on the City's circulation element as major arterials within a 102-foot right-of-way (widened at intersections). Buildout design standards for major arterials include two 12-foot travel lanes in each direction with an 18-foot median separating the travel directions. The third component of the project consists of the construction of two detention basins by the City of Carlsbad to control flooding impacts within the Calavera Creek watershed. These basins have been recommended near the northeast corner of the Rancho Carlsbad Mobile Home Park. Basin 1 (referred to as Basin "BJB") at the northeast quadrant of the College Boulevard/Cannon Road intersection, in its ultimate configuration, would have an inundation area of approximately 15 acres and a storage capacity of 49 acre-feet. Basin 2 (refened to as Basin "BJ") is located southeast of the College Boulevard/Cannon Road intersection and would have an inundation area of approximately eight acres with a storage volume of 48 acre-feet. The basins are part of a larger drainage plan for the area, and are consistent with the 1994 City of Carlsbad Master Drainage Plan. The road crossings of Calavera Creek and Little Encina Creek form the berms for the detention basins. Wetland Functions of Existing Jurisdictional Areas to be Impacted The wetland functions of most of the jurisdictional areas on the project site have been altered due to agricultural and off-road-vehicle activities on the property. Wetiand functions for the project site and mitigation areas were determined using the Function- Based Method for Assigning Mitigation Ratios for Impacts to Riparian Systems provided by the U.S. Army Corps of Engineers (Stein 1999a). This methodology compares the wetiand functional loss at the proposed impact site with the proposed wetiand functional gain at the mitigation site. The criteria used to determine the wetland functions are based on characteristics of the habitat, hydrology/floodplain, and biogeochemical processes. Habitat characteristics used include structural diversity, spatial diversity, contiguity, and presence of invasive vegetation. Hydrology/floodplain characteristics involve a determination of the hydrologic regime (the source of water to a site), characteristics of the flood-prone area (e.g., channel confinement and overbank flow), and topographic complexity of the floodplain (e.g., presence of pits, ponds, large boulders, and rills). Biogeochemical processes are determined from estimates of vegetation cover (roughness) and amount of debris, leaf litter, and detritus present (organic carbon). There are three main wetiand/riparian areas within the proposed road improvement portion of the project; Calavera Creek, Agua Hedionda Creek, and Littie Encina Creek. Each of these major drainage features has smaller wetland tributaries that convey local runoff to the creeks. In a few locations, small wetland areas are adjacent to the creeks along these tributaries. The Master Plan area also contains some small patches of wetland along the predominately non-wetiand jurisdictional waters that drain to the north and west away from the three major creeks. The rank given each wetland function for each major creek and the Master Plan area with their associated adjacent wetlands and non-wetland waters is given in Tables 1 through 4. A description of each ranked functional criteria is provided. Non-wetland drainages are vegetated with mostly upland shrubs. A. Habitat Characteristics Four habitat characteristics are evaluated for riverine systems. These are structural diversity, spatial diversity, contiguity, and presence of invasive vegetation. In addition, other biological values are also considered (i.e., wildlife corridors). 1. Structural Diversity The structural diversity is determined by ranking a site with respect to the presence of different layers in the vegetation. These layers include tree, shrub, and understory. ^1 TABLE 1 FUNCTIONAL ANALYSIS RATINGS FOR CALAVERA CREEK Function Evaluation Criteria Rating: Calavera Creek Rating: Adjacent Marsh Wetiands Rating: Adjacent Non-wetland Waters Structural diversity 0.8 0.6 0.2 Spatial diversity 0.8 0.4 0.2 Habitat contiguity 0.4 0.2 0.2 Invasive vegetation 0.6 0.8 0.8 Hydrologic regime 1.0 1.0 1.0 Flood-prone area 0.7 0.7 0.7 Topographic complexity 0.2 0.2 0.6 Biogeochemical processes 0.8 0.6 0.8 TABLE 2 FUNCTIONAL ANALYSIS RATINGS FOR LITTLE ENCINAS CREEK Function Evaluation Criteria Rating: Littie Encinas Creek Rating: Adjacent Marsh Wetlands Rating: Non-wetland Waters Structural diversity 0.8 0.6 0.2 Spatial diversity 0.8 0.4 0.2 Habitat contiguity 0.2 0.2 0.2 Invasive vegetation 0.8 0.8 0.8 Hydrologic regime 1.0 1.0 1.0 Flood-prone area 1.0 1.0 0.7 Topographic complexity 0.6 0.2 0.6 Biogeochemical processes 0.8 0.8 0.8 TABLE 3 FUNCTIONAL ANALYSIS RATINGS FOR AQUA HEDIONDA CREEK Rating: Function Evaluation Criteria Agua Hedionda Creek Rating: Adjacent Non-wetiand Waters Structural diversity Spatial diversity Habitat contiguity Invasive vegetation Hydrologic regime Flood-prone area Topographic complexity Biogeochemical processes 0.8 0.8 0.4 0.8 1.0 0.7 0.2 0.8 0.2 0.2 0.2 0.4 1.0 0.7 0.2 0.8 TABLE 4 FUNCTIONAL ANALYSIS RATINGS FOR JURISDICTIONAL WAT PHASE II MASTER PLAN AREA ;RS IN Function Evaluation Criteria Rating: Wetlands Rating: Adjacent Non-wetiand Waters Structural diversity Spatial diversity Habitat contiguity Invasive vegetation Hydrologic regime Flood-prone area Topographic complexity Biogeochemical processes 0.6 0.6 0.4 0.8 1.0 0.7 0.2 0.8 0.2 0.2 0.2 0.4 1.0 0.7 0.2 0.8 Calavera Creek has stands of sycamore and willow trees with some mule fat shrubs in the understory or as monotypic stands in openings of the tree canopy (Photographs 1 and 2). The herbaceous layer of the understory is not well developed due to the dense tree canopy, the nanow habitat, and adjacent agricultural activities. Small wetiand areas on tributaries to the creek lack a well developed tree layer and are comprised on mostiy shrubs or herbaceous species (Photograph 3). Non-wetland waters draining into the creek are either vegetated with upland shrubs, non-native grasses, or cross cultivated fields (Photographs 4 and 5). Agua Hedionda Creek has stands of riparian forest comprised of sycamores, oaks, and willows at the proposed crossing of College Boulevard (Photograph 6). Mulej fat shrubs are found scattered in the understory, but the herbaceous layer is not well developed. The non-wetland waters that are tributary to this creek are vegetated with primarily non-native grasses. Littie Encina Creek has a well developed tree canopy of oaks and willow over portions of the project site (Photograph 7). Mule fat shrubs can be found scattered in the understory, but the dense tree canopy and the nanow creek restrict the development of a significant herbaceous layer. Small wetiand patches adjacent to the creek consist of freshwater or seasonal alkali marsh, which lack a tree and shrub layer but have a den^e cover of herbaceous vegetation. The non-wetland waters tributary to the creek are mostly vegetated with upland shrubs and non-native grasses. Wetiand areas within the master plan area of the project are composed of primarily riparian scrub vegetation. Shrubs such as mule fat dominate the habitat wii:h scattered willow trees present in small numbers. The understory is poorly developed on most of the drainage courses due to the nanow channels and dense vegetation cover. 2. Spatial Diversity Spatial diversity ranks are dependent on the amount of native riparian vegetation cover and on the number of different native riparian species contributing to this cjover. Areas with relatively high cover of native riparian species comprised of at least three genera are given the highest rank. Spatial diversity ranks for the three major creeks are similar due to the presence of riparian woodland or forest habitat. Native riparian species such as syc tmore, oak, willow, and mule fat are present along portions of these creeks. Spatial diversjity ranks for wetiands adjacent to these creeks is much lower due to a lack of species diversity. Non- wetland waters in the project area are primarily vegetated with upland plant species and therefore have low spatial diversity with respect to wetlands. 10 PHOTOGRAPH 1 Riparian Woodland Along Calavera Creek [1 0 PHOTOGRAPH 2 Location on Calavera Creek Where the Intersection Of Proposed College Boulevard and Cannon Road Will impact the Creek M:\jobs\3226b\graphics\photos 1 -2.ai 10/24/01 PHOTOGRAPH 3 Freshwater Marsh Wetland Adjacent to Calavera Creek ICI M:\jobs\3226b\graphics\photo3 .ai 10/24/01 PHOTOGRAPH 4 Non-wetland Drainage in Coastal Sage Scrub El 0 PHOTOGRAPH 5 Non-wetland Waters Affected by Agricultural Activities M:\jobs\3226b\graphics\photos4-5.ai 10/24/01 PHOTOGRAPH 6 Location on Aqua Hedionda Creek (Background) Where Proposed College Boulevard will Impact the Creek 0 M:\jobs\3226b\graphics\photo6.ai 10/24/01 PHOTOGRAPH 7 Riparian Woodland Along Little Encina Creek I0l M:\jobs\3226b\graphics\photo7.ai 10/24/01 3. Contiguity Habitat contiguity ranks are dependent on whether the drainage feature or wetland connects to similar habitats upstream and downstream, and the land uses adjacent to the drainage are undisturbed. High ranks go to drainage features that connect to similar habitats both up- and downstream and are suiTounded by undisturbed upland habitats at least 100 feet wide. Both Agua Hedionda and Calavera Creeks have similar riparian habitats upstream of the project area, but are isolated from direct habitat connections downstream by the Rancho Carlsbad Mobile Home Park development. Both creek channels within the mobile home park are surrounded by development and they are nanow and devoid of any native riparian vegetation. Littie Encina Creek is isolated to the northeast by development in the city of Oceanside and to the southwest by the Rancho Carlsbad Mobile Home Park. 4. Invasive Species This habitat characteristic is ranked by the amount of vegetative cover contributed by non-native invasive plant species. Areas with less than 5 percent cover of invasive species is given the highest rank. The three major creeks contain some invasive plant species, but due to the nanow channels and dense native riparian vegetation these creeks have less than 10 percent cover of non-native plants. Only the tributary drainage courses adjacent to Littie Encina Creek have less than 10 percent cover of invasive species, the other two creeks have tributaries that have been disturbed due to agriculture and therefore these contain higher cover values for non-native species. Drainage courses within the Master Plan area, in general, have low cover of invasive species. The dense upland vegetation and isolated riparian areas along these drainage courses are relatively undisturbed helping to resist the invasion of this area by non-native species. 5. Other Biological Habitat Values The wetland and non-wetland waters in the project area provide other biological values such as wildlife corridors within the project area, as well as to areas adjacent to the property off-site. The native riparian vegetation cover offers nesting opportunities for birds and cover for other animals. Seasonal flows provide a water source for wildlife. 16 B. Floodplain Characteristics Three floodplain characteristics are considered when evaluating the functions and values of wetlands. These are hydrologic regime, characteristics of the flood-prone area, and topographic complexity of the floodplain. 1. Hydrologic Regime The source of the water supply to the wetland area determines the rank for hydrologic regime. Natural streams, rivers, and creeks with natural sources of water rank the highest. All of the major creeks and their non-wetiand tributaries in the project area are primarily dependent on natural sources of water. Calavera Creek is the only drainage on the project that has a dam. The dam is located upstream of the project area and forms Calavera Lake. Some urban storm mnoff and dry season runoff are contributed to these drainages from adjacent developed areas. Runoff from agricultural activities also contributes supplemental water to some of these drainage courses. Small seasonal alkali and freshwater marshes have high or perched groundwater levels that help support these wetland types. 2. Characteristics of the Flood-prone Area Two characteristics of the flood-prone area of a wetiand are considered in the determination of rank for this criteria. These are channel confinement and overbank flow. Natural channels with little or no evidence of incision or confinement that exhibit overbank flows are given the highest rank. The three major creeks in the project area are earthen channels that are mildly incised or confined such that overbank flow is experienced mostiy after a 10-year or greater flood event. Calavera and Agua Hedionda Creeks are confined due to development of the floodplains by ranches, agricultural activities, and urban improvements (e.g., roads, homes, commercial areas). Littie Encina Creek is confined due to natural topography. The non-wetland waters have drainage courses that are confined by either topography or disturbance (i.e., agriculture). 3. Topographic Complexity This feature is ranked by the presence of certain topographical characteristics of the floodplain. These characteristics include the presence of pits, ponds, hummocks, bars, rills, and large boulders. Floodplains that contain most of these features are given the highest ranks. 17 Topographic complexity of Calavera and Agua Hedionda Creeks in the project area is low due to the disturbance of the adjacent floodplains by agricultural or development activities which make the floodplain relatively flat and featureless. Littie Encina Creek has a nanow floodplain due to topographic confinement, but has greater topographic complexity because the floodplain has fewer disturbances. Water courses within the master plan area also have confined floodplains that are relatively undisturbed. C. Biogeochemical Processes The relative amount of cover of vegetation and leaf litter, debris, or detritus determine the degree of roughness and organic carbon available to support natural biogeochemical processes (i.e., the break down of organic and inorganic material into nutrients). Roughness created by vegetation dissipates energy and slows flows. Organic matter found in leaf litter, debris, and detritus provides a source of nutrients both on the site and for transport to sites downstream. Wetland sites that contain greater than 20 percent relative cover of vegetation and greater than 60 percent relative cover of debris, leaf litter, or detritus are given the highest rank for this function. The wetlands and non-wetland waters within the project area all have substantial cover of vegetation, but the litter layer varies between and within drainage courses. Overall, most drainage courses on the site have ample vegetation and litter cover to support natural biogeochemical processes. 18 Water Quality and Beneficial Uses Jurisdictional wetiands and non-wetiand waters on the project site provide a significant contribution to local or regional water quality in terms of groundwater recharge, nutrient removal, flood flow reduction, and sediment stabilization. The functions not only help maintain the water quality on-site, but also help maintain the water quality in downstream receiving waters (e.g., Agua Hedionda Lagoon). Calavera and Little Encina Creeks are likely to have similar beneficial uses to those designated for Agua Hedionda Creek. These beneficial uses include municipal and domestic water supply; agricultural supply; industrial service supply; contact and non- contact water recreation use; warm freshwater habitat; and wildlife habitat. These beneficial uses will not be significantly affected by the proposed project because the creeks will largely be preserved as natural open space and measures incorporated into the project will minimize post-project changes to water quality. 19 Wetland Functions of Habitat to Be Restored/Created The anticipated wetland functions of the created willow/scrub determine the achievement of compensation for impacts. Wetland hydrology and hydric soils conditions at the mitigation areas will be maintained in the long term by seasonal rainfall, groundwater, and project design features that will shunt water from developed areas to the mitigation sites. Functional wetlands will evolve over time that will provide water, quality benefits to downstream receiving waters such as enhancement of groundwater recharge, wildlife habitat, enhancement of the wildlife corridors along these creeks, and provide native habitat for nature study. A. Habitat Characteristics The existing structural diversity of the proposed on-site mitigation areas are low and comprised of mostly exotic species of annual grasses and herbs with a few scattered shrubs (see Photograph 1). No riparian vegetation exists on the proposed on-site mitigation areas. After implementation of the mitigation, the structural diversity of the on-site mitigation areas would improve greatly as the native riparian species become established. Exotic species would decrease significantly. The resultant habitat in the mitigation area would then become contiguous with similar habitats adjacent to the mitigation sites both upstream and downstream. B. Floodplain Characteristics The areas adjacent to the proposed on-site mitigation area are not prone to flood often due to the confinement of the water to the channel in Calavera and Little Encina. Overbank flows to the proposed mitigation area likely occur only during relatively large flood events. After implementation of the on-site mitigation the frequency of overbank flows reaching the mitigation areas will increase by allowing smaller flood events to cause overbank flow to these sites. This will be accomplished by lowering the elevation of the mitigation sites to at least the elevation of the existing channel bottom. Water at the proposed on-site mitigation areas will be provided by natural sources (i.e., seasonal rainfall, groundwater). After project development and the establishment of native riparian habitat at the mitigation sites urban runoff would also be expected to contribute to the hydrology of these areas. 20 C. Biogeochemical Processes The roughness and organic carbon sources on the proposed on-site mitigation area are from exotic upland species. Once the riparian vegetation of the mitigation effort is established on the mitigation sites, roughness and organic carbon sources would be provided by native vegetation. Natural biogeochemical processes will be low at first, but increase rapidly as vegetation and litter layers develop. D. Evaluation of the Mitigation Areas The wetiand functions and values of the mitigation sites will be monitored as the sites develop during the five-year monitoring period. Interim goals, as well as, ultimate goals for the development of wetiand functions will be evaluated according to the criteria contained in Function-Based Performance Standards for Evaluation the Success of Riparian and Depressional/Emergent Marsh Mitigation Sites prepared for the U.S. Army Corps of Engineers (Stein 1999b). A full discussion of the criteria for evaluation of the mitigation areas is contained in the habitat restoration plan for the project (RECON 2001). 21 References Cited RECON 2001 Habitat Restoration and Monitoring Plan for the City of Carlsbad Bridge & Thoroughfare District No. 4, the Calavera Hills Project, and the Detention Basins Project in Carlsbad, Califomia. Prepared for Planning Systems. October. Stein, E. 1999a Function-Based Method for Assigning Mitigation Ratios for Impacts to Riparian Systems. Prepared for the U.S. Army Corps of Engineers Los Angeles District - Regulatory Branch. December. 1999b Function Based Perfomiance Standards for Evaluating the Success of Riparian and Depressional/Emergent Marsh Mitigation Sites. Prepared for the U.S. Army Corps of Engineers Los Angeles District - Regulatory Branch. December. 22