Loading...
HomeMy WebLinkAboutCT 00-02; CALAVERA HILLS II; REGIONAL WATER QUALITY CONTROL; 2002-02-13Calavera Hills II Resource Agency Permits rf 00-(/'^ Regional Water Quality Control Board Order No. R98-2002-0014 Waste Discharge Requirements and Section 401 Certification Dated February 13, 2002 Fish and Wildlife Service Biological Opinion-Section 7 FWS Consultation No. FWS-SDG-1597.4 Dated March 14, 2002 Department of Army-Section 404 Permit No. 200100215-RLK Dated May 15, 2002 Department of Fish and Game Streambed Alteration Agreement Pursuant to Section 1601 of California Fish and Game Code #R5-2001-00074 Dated June 3, 2002 California Regional Water Quality Control Board San Diego Region Winston H. Hickox Intemet Address: http://www.swrcb.ca.gov/~rwqcb9/ Gray Davis Secretary for 9174 Sky Park Court, Suite 100, San Diego, Califomia 92123 Govemor Environmental Phone (858) 467-2952 • FAX (858) 571-6972 Protection February 14,2002 Mr. Brian Milich In Reply Refer to: McMillin Companies 401: OOC-135 2727 Hoover Ave. SLB National City, CA 91950 Mr. David Hauser City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Dear Mr. Milich and Mr. Hauser: RE: ORDER NO. R9-2002-0014, WASTE DISCHARGE REQUIREMENTS AND SECTION 401 WATER QUALITY CERTIFICATION FOR CALAVERA HILLS II, LLC AND CITY OF CARLSBAD, CALAVERA HILLS MASTER PLAN PHASE II, BRIDGE AND THOROUGHFARE DISTRICT NO. 4, AND DETENTION BASINS Enclosed please find a copy of Order No. R9-2002-0014, which the Regional Board adopted at their regularly scheduled February 13, 2002 meeting. If you have any questions regarding the above, please contact Ms. Stacey Baczkowski at (858)637-5594. Respectfully, )HN H. ROBERTUS 'Executive Officer Enclosure: Order No. R9-2002-0014 Califomia Environmental Protection Agency ^ Recycled Paper Mr. Milich and Mr. Hauser - 2 - Febmary 14,2002 DISTRIBUTION Ms. Shannon Bryant U.S. Army Corps of Engineers San Diego Field Office 16885 West Bemardo Drive, Suite 300A San Diego, CA 92127 Ms. Tamara Spear Califomia Department of Fish and Game South Coast Region 4949 Viewridge Avenue SanDiego, CA 92123 Mr. John Martin U.S. Fish and Wildlife Service 2730 Loker Avenue West Carlsbad, CA 92008 Califomia Environmental Protection Agency Recycled Paper CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION ERRATA SHEET NO.l FOR ORDER NO. R9-2002-0014 Vy^ASTE DISCHARGE REQUIREMENTS AND SECTION 401 VS^ATER QUALITY CERTIFICATION FOR CALAVERA HILLS II, LLC AND CITY OF CARLSBAD CALAVERA HILLS MASTER PLAN PIIASE II & BRIDGE AND THOROUGHFARE DISTRICT NO. 4 & DETENTION BASINS SANDIEGO COUNTY The following changes were made at the request of the applicants. Deletions are indicated by strike-outs and additions are indicated by underlines. Finding No. 1 McMillin CompanieoCalavera Hills. LLC and the City of Carlsbad (hereinafter discharger) submitted an application for 401 Water Quality Certification on December 4,2000, and an Application/Report of Waste Discharge on September 12,2001. The discharger proposes to construct 781 residential units and associated infrastmcture, extend College Boulevard and Cannon Road, and constmct two detention basins within the City of Carlsbad, Califomia. Finding No. 3 To mitigate for the permanent and temporarv fill of 3.77 acres of waters of the United States and State, the discharger will create a total of 4-^410.7 acres of southem willow scmb adjacent to Calavera and Little Encinas Creeks. Finding No. 4 The proposed Habitat Restoration and Monitoring Plan (RECON; Octobor 36.2001Januarv 10. 2002) will adequately compensate for impacts to waters of the U.S. and State associated with the discharge of fill material. rr IS HEREBY ORDERED that McMillin CompaniecCalavera Hills. LLC and the City of Carlsbad (hereinafter, discharger), in order to meet the provisions contained in Division 7 ofthe Califomia Water Code and regulations adopted thereunder, shall comply with the following: En-ata Sheet No. 1 for Order R9-2002-0014 Provision Bl The discharger shall develop a Final Mitigation and Monitoring Plan for Regional Board approval, that shall be consistent with the Habitat Restoration and Monitoring Plan (RECON; October 26. 2001-Januarv 10,2002), and shall achieve the following performance standards: Provision B2 a. Proposed channel designs and earthwork for all mitigation areas, including appropriate cross sections and plan views; b. A detailed planting plan, including species lists, plant sizes and numbers, and planting designs; c. An irrigation plan; d. Specific details and plans for all creek sections that will be culverted, bridged, or otherwise crossed or immediately adjoined by paths, stmctures, or similar improvements; e. Signage and banier designs (as shown in Attachment 1) adequate to prevent intmoion by golfers, golf carts, and other human intrusion into all creeks and creek buffer zones; f. Specific details regarding hydrologic and biogeochemical monitoring, including sample locations, periodicity, and qualitative and quantitative indicators; and g. All other information, as appropriate. Provision B9 The discharger shall provide certification that personnel have been trained on the provisions and prohibitions of this order as well as the management responsibilities detailed in the Habitat Restoration and Monitoring Plan (RECON; Octobor 26. 2001Januarv 10. 2002). Provision C8 The maintained portions of d&etention basins BJ and BJB shall not be counted towards mitigation credit for impacts to waters of the U.S. and State, and shall be maintained in accordance with the conditions specified in Attachment 1, or in a manner that provides equivalent protection. Attachment 1 The following headings were added to the table (from left to right): Village or Road Segment; Post Constmction BMP; BMP Maintenance; Maintenance Responsibility; Anticipated Pollutants: and Anticipated BMP Efficiency. The third column on Attachment 1 on the Basin BJB row (last page of the table) was changed to "...and outlet as needed downstream of outlet pipe from College Boulevard." The last row refers to Basin BJB and was changed to identify Basin BJ. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SANDIEGO REGION ORDER NO. R9-2002-0014 WASTE DISCHARGE REQUIREMENTS AND SECTION 401 WATER QUALITY CERTIFICATION FOR CALAVERA HILLS II, LLC AND CITY OF CARLSBAD CALAVERA HILLS MASTER PLAN PHASE II & BRIDGE AND THOROUGHFARE DISTRICT NO. 4 & DETENTION BASINS SANDIEGO COUNTY The Califomia Regional Water Quality Control Board, San Diego Region (hereinafter Regional Board) finds that: 1. McMillin Companies and the City of Carlsbad (hereinafter discharger) submitted an application for 401 Water Quality Certification on December 4, 2000, and an Application/Report of Waste Discharge on September 12, 2001. The discharger proposes to constmct 781 residential units and associated infrastmcture, extend College Boulevard and Cannon Road, and constmct two detention basins within the City of Carlsbad, Califomia. 2. The project will result in the discharge of waste, defined as the placement of fill material (e.g., soil, riprap, culverts), into 3.7 acres of waters of the United States, and an additional 0.07 acre of waters of the State, including Calavera Creek, Agua Hedionda Creek, Little Encinas Creek, and unnamed vegetated and unvegetated waters of the U.S. The project's direct impacts (in acres) are as follows: Master Plan Development Cannon Road Colleee Boulevard Habitat Type* Perm. Temp. Perm. Temp. Perm. Temp. Total Alkali Marsh 0.1 0.6 0.07 0.77 Riparian Scrub 0.2 0.03 0.3 0.02 0.55 (mfs or sws) Sycamore Woodland 0.6 0.12 1.3 0.15 2.17 Unvegetated waters 0.2 0.01 0.21 Total 0.3 0.01 1.4 0.22 1.6 0.17 3.7 * mfs = mule fat scrub; sws = southem willow scrub To mitigate for the permanent fill of 3.77 acres of waters of the United States and State, the discharger will create a total of 11.6 acres of southem willow scmb adjacent to Calavera and Order R9-2002-0014 Little Encinas Creeks. 4. The proposed Habitat Restoration and Monitoring Plan (RECON; October 26, 2001) will adequately compensate for impacts to waters of the U.S. and State associated with the discharge of fill material. 5. The project may indirectly impact beneficial uses of waters of the U.S. and State through the discharge of urban mnoff pollutants (e.g., oil and grease, heavy metals, pathogens, nutrients, etc.) from the proposed development. 6. The discharger has developed a Summary Storm Water Pollution Prevention Plan (O'Day Consultants; August 2001) that identifies constmction and post-constmction Best Management Practices (BMPs). Post-constmction BMPs identified in the plan include: a. Creation of detention basins that will be used during constraction and will remain in place as post-constmction BMPs to receive urban mnoff; b. Grass-lined swales around individual house pads; c. Routine street sweeping by the City of Carlsbad; d. Storm drain inlet filters; and e. Constiuction of pollution basins (e.g., tieatment wetland). More specific BMPs are provided in Attachment 1 to this Order. 7. This Order specifies Waste Discharge Requirements (WDRs) that are necessary to adequately address impacts to water quality standards resulting from the filling of waters of the U.S., to meet the objectives of the State Wetiands Conservation Policy (Executive Order W-59-93), and to accommodate and require appropriate changes over implementation of the project and its constmction. 8. The Comprehensive Water Quality Control Plan for the San Diego Basin (9) (Basin Plan) was adopted by the Regional Board on March 17,1975. Subsequent revisions to the Basin Plan have also been adopted by this Regional Board and approved by the State Board. The Basin Plan designates beneficial uses, narrative and numerical water quality objectives, and prohibitions which are applicable to the discharges regulated under this Order. The project, as described in this Order, will not result in State Water Quality Standards being exceeded. 9. The discharger has avoided and minimized impacts to waters of the U.S. consistent with the requirements of the Basin Plan. 10. The City of Carlsbad prepared an Environmental Impact Report (EIR) pursuant to the Califomia Environmental Quality Act and was certified on January 15,2002. The EIR identified the following mitigation measures to reduce project impacts to water quality below a level of significance: Order R9-2002-0014 a. Comply with State Water Resources Control Board Water Quality Order No. 99-08- DWQ, the NPDES General Permit for Storm Water Discharges Associated with Constmction Activity; b. Comply with the Municipal Storm Water Pemiit (NPDES No. CAS0108758); c. Comply with the City of Carlsbad procedures; d. Create desiltation basins where necessary to minimize erosion and prevent sediment transport, until the storm drain system is in place and streets are paved; e. Landscape all exposed, manufactured slopes per City of Carlsbad erosion contiol standards; and f. Phase grading operations and slope landscaping to reduce the susceptibility of slopes to erosion; and control sediment production from graded building pads with low perimeter berms, desiltation basins, jute matting, sandbags, bladed ditches, or other appropriate methods. 11. The Board has notified the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Califomia Department of Fish and Game, and interested agencies and persons of its intent to prescribe WDRs and Section 401 Water Quality Certification for this discharge. 12. The Board, in a public meeting, heard and considered all comments pertaining to the discharge. rr IS HEREBY ORDERED that McMillin Companies and the City of Carlsbad (hereinafter, discharger), in order to meet the provisions contained in Division 7 of the Califomia Water Code and regulations adopted thereunder, shall comply with the following: A. PROHIBITIONS 1. The discharge of fill material in a manner other than as described in the findings of this Order is prohibited unless the discharger obtains revised waste discharge requirements that provide for the proposed change. 2. The discharge of fill material and other waste shall not create a pollution, contamination or nuisance, as defined by Section 13050 of the Califomia Water Code B MITIGATION PROVISIONS 1. The discharger shall develop a Final Mitigation and Monitoring Plan for Regional Board approval, that shall be consistent with the Habitat Restoration and Monitoring Plan (RECON; October 26,2001), and shall achieve the following performance standards: a. The created and restored areas must posses the three criteria (wetland hydrology, hydrophytic vegetation, and hydric soils) necessary to be delineated as a Corps jurisdictional area; b. All sites must exhibit signs or evidence of wildlife use for two consecutive monitoring periods; Order R9-2002-0014 c. All sites must be self-sustaining; and d. All sites must exhibit evidence of natural recmitment of native wetland and/or riparian species. 2. The Final Habitat Restoration and Monitoring Plan shall include, but not be limited to, the following: a. Proposed channel designs and earthwork for all mitigation areas, including appropriate cross sections and plan views; b. A detailed planting plan, including species lists, plant sizes and numbers, and planting designs; c. An irrigation plan; d. Specific details and plans for all creek sections that will be culverted, bridged, or otherwise crossed or immediately adjoined by paths, stmctures, or similar improvements; e. Signage and barrier designs (as shown in Attachment 1) adequate to prevent intmsion by golfers, golf carts, and other human intmsion into all creeks and creek buffer zones; f. Specific details regarding hydrologic and biogeochemical monitoring, including sample locations, periodicity, and qualitative and quantitative indicators; and g. All other information, as appropriate. 3. Implementation of mitigation shall provide the following functional gains: a. Habitat function - Creation of stmcturally and spatially diverse habitat surrounding riparian areas will provide nesting and foraging grounds for birds, amphibians, and other wildlife. b. Biogeochemical/water quality functions - Expansion of wetiand areas shall increase areas for natural water quality functions, such as microbial action that removes toxins, nitiogen, and other nutrients from mnoff. c. Hydrologic functions - Expansion of wetiand areas will allow greater flood flow attenuation, energy dissipation, and storage during storm events. 4. Not later than 30 days prior to the beginning of grading, the discharger shall submit, acceptable to the Regional Board, the Final Habitat Restoration and Monitoring Plan. 5. The discharger shall implement the Final Wetland and Riparian Mitigation and Monitoring Plan as approved by the Regional Board. The final plan shall be consistent with the draft plan included as Attachment 2 to this Order. 6. Implementation of the Final Mitigation and Monitoring Plan shall 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 2001, constmction of mitigation for all impacts must be completed no later than September 2002). Order R9-2002-0014 7. No later than 30 days prior to the beginning of clearing, gmbbing, and/or grading, the discharger shall submit, acceptable to the Regional Board, the name(s) and qualification(s) of the qualified biologist(s) (defined as possessing a college degree in the biological sciences and at least 5 years restoration experience in southem Califomia) responsible for compliance with the certification requirements, as discussed in the above provisions. 8. If mitigation areas do not meet their interim and/or ultimate success criteria, as defined in tiie draft Habitat restoration and Monitoring Plan, the discharger shall prepare, acceptable to the Regional Board, remedial measures to be implemented. 9. The discharger shall provide certification that personnel have been tiained on the provisions and prohibitions of this order as well as the management responsibilities detailed in the Habitat Restoration and Monitoring Plan (RECON; October 26, 2001). 10. Not later than 60 days following the completion of the installation of the mitigation areas, the discharger shall submit, acceptable to the Regional Board, final conservation easements or deed restrictions for all mitigation and preservation areas. 11. The discharger shall submit an as-built report within 60 days of installation of the proposed mitigation. C. SECTION 401 WATER QUALITY CERTIFICATION PROVISIONS 1. Standard conditions applicable to 401 Water Quality Certification: a. Every certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to CWC §13330 and 23 CCR §3867. b. Certification is not intended and shall not be constmed to apply to any activity involving a hydroelectiic facility and requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR §3855(b) and that application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought. c. Certification is conditioned upon total payment of any fee required pursuant to 23 CCR §3833 and owed by the discharger. 2. Any proposed change in constmction that may alter flow pattems and/or change the approved impact footprint is prohibited without Regional Board approval. Not later than 30 days prior to the beginning of any proposed change, the discharger shall submit, acceptable to the Regional Board, detailed plans and specifications showing the proposed change in relationship to the approved project. OrderR9-2002-0014 3. The discharger is prohibited from maintaining (e.g., mowing, pmning, etc.) riparian vegetation within Agua Hedionda Creek for the purposes of increasing the hydrologic capacity of the creek or to provide protection to the proposed bridge. 4. All waters of the United States and State that are to be preserved shall be fenced no less than 10 days prior to the start of any clearing and/or grading activities. A qualified biologist shall show all preservation areas to all constmction personnel and shall explain the conditions of this Order and other permits regarding impacts. 5. The discharger shall staff a qualified biologist on site during project constmction to ensure compliance with the certification requirements. The qualified biologist shall be onsite at least once a week when grading and/or constmction activities occur more than 100 feet firom a waters of the U.S. or State that is to be preserved. When grading and/or constmction activities occur within 100 feet of a waters of the U.S. or State that is to be preserved, the biologist shall be onsite daily. The biologist shall be given the authority to stop all work onsite if a violation occurs or has the potential to occur. 6. Not later than 30 days prior to the beginning of grading, the discharger shall submit, acceptable to the Regional Board, a detailed Final Water Quality Plan. This plan shall include, but not be limited to, identification of pollutants expected to be generated by the proposed project identification of specific Best Management Practices, their tieatment efficiency with regards to expected pollutants, specific locations, specific maintenance requirements, and maintenance responsibilities. Implementation of the Final Water Quality Plan shall occur in conjunction with project initiation. 7. The discharger shall notify the Regional Board in writing at least 15 days prior to actual start dates for each project component (e.g., clearing, gmbbing, grading, installation of mitigation). 8. Detention basins BJ and BJB shall not be counted towards mitigation credit for impacts to waters of the U.S. and State, and shall be maintained in accordance with the conditions specified in Attachment 1, or in a manner that provides equivalent protection. D. STANDARD PROVISIONS 1. The discharger shall notify the Regional Board by telephone within 24 hours whenever an adverse condition occurs as a result of this discharge. Such a condition includes, but is not limited to, a violation of the conditions of this Order, a significant spill of pettoleum products or toxic chemicals, or damage to control facilities that would cause noncompliance. Pursuant to CWC § 13267(b), a written notification of the adverse condition shall be submitted to the Board within one week of occurrence. The written notification shall identify the adverse condition, describe the actions necessary to remedy the condition, and specify a timetable, subject to the modifications of the Regional Board, for the remedial actions. Order R9-2002-0014 2. The discharge of any hazardous, designated or non-hazardous waste as defined in Titie 23, Division 3, Chapter 15 of the Califomia Administiative Code, shall be disposed of in accordance with applicable state and federal regulations. 3. This Order is not transferable to any person except after notice to the Regional Board. In accordance with CWC § 13260, the discharger shall file with the Board a report of any material change or proposed change in the ownership, character, location, or quantity of tiiis waste discharge. The notice must include a written agreement between the existing and new discharger containing a specific date for the tiansfer of this Order's responsibility and coverage between the curtent discharger and the new discharger. This agreement shall include an acknowledgment that the existing discharger is liable for violations up to tiie transfer date and that the new discharger is liable from the tiansfer date on. Any proposed material change in operation shall be reported to the RegionalBoard at least 30 days in advance of the proposed implementation of any change. This shall include, but not be limited to, all significant new soil disturbances, all proposed expansion of development, or any change in drainage characteristics at the project site. For the purpose of this Order, tiiis includes any proposed change in the boundaries of the wetiand/waters ofthe United States fill sites. The Regional Board may require modification or revocation and reissuance of this Order to change the name of the discharger and incorporate such other requirements as may be necessary under the Califomia Water Code. 4. The discharger shall maintain a copy of this Order at the project site so as to be available at all times to site operating personnel and agencies. 5. The discharger shall permit the Board or its authorized representative at all times, upon presentation of credentials: a. Entry onto project premises, including all areas on which wetiand fill or wetiand 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 this Order. c. Inspection of any treatment equipment, monitoring equipment, or monitoring metiiod required by this Order. d. Sampling of any discharge or surface water covered by this Order. 6. This Order does not authorize commission of any act causing injury to the property of anotiier or of the public; does not convey any property rights; does not remove liability under federal, state, or local laws, regulations or mles of other programs and agencies, nor does this Order authorize the discharge of wastes without appropriate pennits from other agencies or organizations. 7. The Regional Board will consider recission of tiiis Order upon notification of successful completion of mitigation for all creation, and enhancement projects required or otherwise permitted now or subsequentiy under this Order, completion of project constiuction, and tiie Regional Board's acceptance of tiiese notifications. Determination of mitigation success will Order R9-2002-0014 be based on the provisions discussed above. 8. The discharger must comply with all conditions of this Order. Any noncompliance with this Order constitutes a violation of the Califomia Water Code and is grounds for (a) enforcement action; (b) termination, revocation and reissuance, or modification of this Order; or (c) denial of a report of waste discharge in application for new or revised waste discharge requirements. 9. The discharger shall report any noncompliance which may endanger health or the environment. Any such information shall be provided orally to the Regional Board within 24 hours from the time the discharger becomes aware of the circumstances. A written submission shall also be provided within five days of the time the discharger becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected; the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurtence of the noncompliance. The Regional Board, or an authorized representative, may waive the written report on a case-by-case basis if the oral report has been received within 24 hours. 10. The discharger shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this Order, including such accelerated or additional monitoring as may be necessary to determine the nature and impact of the noncompliance. 11. In an enforcement action, it shall not be a defense for the discharger that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with this Order. Upon reduction, loss, or failure of the treatment facility, the discharger shall, to the extent necessary to maintain compliance with this Order, control production or all discharges, or both, until the facility is restored or an altemative method of treatment is provided. This provision applies for example, when the primary source of power of the tieatment facility is failed, reduced, or lost. 12. This Order may be modified, revoked and reissued, or terminated for cause including, but not limited to, the following: a. Violation of any terms or conditions of this Order; b. Obtaining this Order by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. 13. The filing of a request by the discharger for tiie modification, revocation and reissuance, or termination of this Order, or notification of planned changes or anticipated noncompliance does not stay any condition of this Order. Order R9-2002-0014 E. REPORTING AND RECORD KEEPING REQUIREMENTS 1. The discharger shall submit copies of all necessary approvals and/or permits for the project and mitigation projects from applicable govemment agencies, including, but not limited to, the Califomia Department of Fish and Game, U.S. Fish and Wildlife Service, and U.S. Army Corps of Engineers, prior to the start of clearing/grading. 2. The discharger shall retain records of all monitoring information, including all calibration and maintenance records, copies of all reports required by this Order, and records of all data used to complete the application for this Order. Records shall be maintained for a minimum of five years from the date of the sample, measurement, report, or application. This period may be extended during the course of any unresolved litigation regarding tiiis discharge or when requested by the Regional Board. 3. The discharger shall fumish to the Regional Board, within a reasonable time, any information which the Regional Board may request to detemiine whether cause exists for modifying, revoking and reissuing, or terminating this Order. The discharger shall also fumish to the Regional Board, upon request, copies of records required to be kept by this Order. 4. Where the discharger becomes aware that it failed to submit any relevant facts in a Report of Waste Discharge or submitted inconrect information in a Report of Waste Discharge or in any report to the Regional Board, it shall promptiy submit such facts or information. 5. All applications, reports, or information submitted to the Regional Board shall be signed and certified as follows: a. The Report of Waste Discharge shall be signed as follows: i For a corporation - by a principal executive officer of at least the level of vice- president. ii For a partnership or sole proprietorship - by a general partner or tiie proprietor, respectively. iii For a municipality, state, federal or other public agency - by eitiier a principal executive officer or ranking elected official. b. All other reports required by this Order and other infonnation required by the Regional Board shall be signed by a person designated in paragraph (a) of this provision, or by a duly autiiorized representative of that person. An individual is a duly authorized representative only if: i The authorization is made in writing by a person described in paragraph (a) of tiiis provision; and ii The authorization specifies eitiier an individual or a position having responsibility for the overall operation of the regulated facility or activity; and iii The written authorization is submitted to the Regional Board. c. Any person signing a document under this Section shall make the following certification: Order R9-2002-0014 "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is tme, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." 6. The discharger shall submit reports required under this Order, or other information required by the Regional Board, to: Executive Officer Califomia Regional Water Quality Contiol Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, Califomia 92123 F. NOTIFICATIONS 1. This Order does not convey any property rights of any sort or any exclusive privileges. The requirements prescribed herein do not authorize the commission of any act causing injury to persons or property, nor protect the discharger from liability under federal, state or local laws, nor create a vested right for the discharger to continue the waste discharge. 2. These requirements have not been officially reviewed by the United States Environmental Protection Agency and are not issued pursuant to Section 402 of the Clean Water Act. 3. The provisions of this Order are severable, and if any provision of this Order, or the application of any provision of this Order to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Order, shall not be affected thereby. 4. The adoption of these waste discharge requirements constitutes certification of water quality certification for the project as described in this Order pursuant to Section 401 of the Clean Water Act. This Order becomes effective on the date of adoption by the Regional Board /, John H. Robertus, Executive Officer, do hereby certify theforegoing is a full, true, and correct copy ofan Order adopted by the Califomia Regional Water Quality Control Board, San Diego Region, on February 13, 2002. rOHNH. ROBERTUS Executive Officer 10 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO REGION MONITORING AND REPORTING PROGRAM NO. R9-2002-0014 FOR CALAVERA HILLS II, LLC AND CITY OF CARLSBAD CALAVERA HILLS MASTER PLAN PHASE II & BRIDGE AND THOROUGHFARE DISTRICT NO. 4 & DETENTION BASINS SANDIEGO COUNTY 1. Constmction monitoring reports shall be submitted quarteriy during all grading activities associated with the proposed project. Constmction monitoring reports shall include, but not be limited to the following: a. Names, qualifications, and affiliations of the persons contributing to the report; b. Summary of constmction activities that include general locations, project component (e.g., school site, mitigation site), approximate acreage; c. Quantification of impacts to waters of the U.S. authorized under this Order; d. Dates, times, and names of qualified biologist(s) onsite; e. Summary of any problems, resolution, and notification that occuned during this monitoring period; and f. Photodocumentation, if necessary, of consttnction activities. 2. Mitigation monitoring shall occur, at a niinimum, quarteriy during the first year following installation of mitigation areas, semi-annually during the second and third years, and annually until mitigation has been determined to be successful (as defined in the provisions of this Order, and mitigation success has been agreed to in writing by the Regional Board and the U.S. Army Corps of Engineers. Monitoring shall begin immediately after the completion of the first planting period. 3. Mitigation monitoring reports shall be submitted quarterly during the first year following installation, semi-annually during the second and third years, and annually until mitigation has been deemed successful. Monitoring reports shall be submitted no later than 30 days following the end of tiie monitoring period. Monitoring reports shall include, but not be limited to, tiie following: a. Names, qualifications, and affiliations of the persons contiributing to the report; b. Tables presenting the raw data collected in the field as well as analyses of tiie physical and biological data; Order R9-2002-0014 c. Qualitative and quantitative comparisons of cunent mitigation conditions with pre-constmction conditions and previous mitigation monitoring results; d. Photodocumentation from established reference points; and e. Other items specified in the draft and final Wetiand and Riparian Mitigation and Monitoring Plan. Monitoring Reports shall be submitted to: Califomia Regional Water Quality Control Board San Diego Region 9174 Sky Park Court, Suite 100 San Diego, Ca 92123 Ordered by: H. ROBERTUS tecutive Officer United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Field Office 2730 Loker Avenue West Carlsbad, California 92008 MAR 1 4 2002 In Reply Refer To: FWS-SDG-1597.6 Colonel Richard G. Thompson District Engineer U.S. Army Corps of Engineers Los Angeles District P.O. Box 532711 Los Angeles, CA 90053-2325 Attn: Mr. Russ Kaiser Re: Response to Comments on Draft Biological Opinion for tiie Calavera Hills Development Project, Carlsbad, San Diego County, Califomia. (U.S. Fish and Wildlife Service File No. FWS-SDG-1597.4; U.S. Army Corps of Engineers File No.200100215-SKB) Dear Colonel Carroll: The U.S. Fish and Wildlife Service (Service) issued a draft biological opinion to the U.S. Army Corps of Engineers (Corps) on Febmary 14,2002 for the Calavera Hills Phase U project in Carlsbad, San Diego County, Califomia. It is our understanding that die Corps shared the draft biological opinion witii the applicant because we received a letter from Brian Milich of McMillin Land Development, on March 5,2002, commenting on the Febmary 14,2002, draft biological opinion." During a phone conversation with Mr. Russ Kaiser from the Corps on March 5, 2002, he indicated that tiie Corps would consider the March 5,2002, letter from Mr. Milich to represent all conunents on the draft biological opinion. As a result, the Service revised tiie draft biological opinion and a final biological opinion is enclosed witii this letter. We have provided a summary of how we responded in the final biological opinion to each of the items presented in Mr. Milich's letter below. 1. "We recommend that the last sentence of Conservation Measure #3, on page 9, be revised to eliminate the requirement of deposit of $1.5 million, and replace it with the following wording: '...funding for acquisition of an additional 51.3 acres of coastal sage scmb off- site at a location acceptable to the Service and the City of Carlsbad will be provided through deposit of $1,128,600 (equal to $22,000/acre), into the Califomia Gnatcatcher Conservation Fund, and the establishment of an endowment fund for maintenance and management in an amount to be ascertained through a Property Analysis Report [sic](PAR) by a qualified open space manager.' Colonel Thompson (FWS-SDG-1597.6) 2 We have revised the language in the final biological opinion to reflect the suggested changes by inserting the following language: "...If the acquisition of this land is not accomplished prior to issuance of a mass grading permit by the City, funding for acquisition of an additional 51.3 acres of coastal sage scmb off-site at a location Acceptable to the Service and the City of Carisbad will be provided through deposit of $1,128,600 and $394,650.00 into the Califomia Gnatcatcher Conservation Fund (National Fish and Wildlife Foundation Account No. 97-166). The $1,128,600 is to be used for property acquisition and the and the $394,650.00 is to be used for the creation of an endowment fund for maintenance and management of the acquired site (the $394,650.00 dollar amount may be revised if a Property Analysis Report [sic](PAR) prepared by a qualified open space manager determines less money is needed for the endowment)." 2. 'The second sentence of Conservation Measure #4, on page 9 should be revised as follows: 'The biological conservation easements will be granted to a public or private entity agreed to by the Service and with input from the CDFG to ensure that the management of the biological resources is implemented.' We have revised the language in the final biological opinion to that suggested. 3. "On page 22, we recommend that the third paragraph summarizing gnatcatcher survey data be revised to include a discussion of recentiy conducted surveys, which could be accomplished as follows: 'Gnatcatcher surveys have been conducted several times over the past ten years. Surveys conducted in 1992 and 1995 recorded observations of gnatcatchers in open space north and south of Village H. And four observations within Village K. During surveys conducted from November 2,1999 to January 2,2000, three gnatcatcher territories were observed on-site and an additional tenitory was niapped immediately off-site. Recent protocol surveys (5 total) for the gnatcatcher have been conducted on the Calavera Phase n area in January and late Febmary 2002. During these surveys a total of six pair of gnatcatchers were observed within the Phase II development area and adjacent open space areas. The locations of these pairs were; one pair within Village K open space, one pair on the southem edge of the development area of Village K, one pair in the open space east of Village U, one pair within the Village R open space, and two pair within the development area of Villages W and X.'" We have revised the language in the final biological opinion to tiiat suggested and included the following additional language: "On March 7, 2002, Service personnel observed an additional gnatcatcher on the soutiiem end of tiie development area of Village U. Spatial relationship between this observation and mapped survey observations suggest that this observation represents an additional pair." 4. "On page 23, in the paragraph under the heading "Direct effects," there is a reference to a gnatcatcher at the proposed intersection of College and El Camino Real. This observation (which apparently was of a single male) occuned during the November 1999 to January 2000 surveys. Since tiiat time. College has been consttucted from El Camino Real to a point south of Agua Hedionda Creek in connection witii development of a residential and commercial development project in that area (the Terraces at Sunny Colonel Thompson (FWS-SDG-1597.6) 3 Creek). USFWS may also wish to incorporate the recent survey information into the discussion set forth in this paragraph." We have revised the language in the direef'effects section of the final biological opinion to reflect recent survey information and constmction of the Tenaces at Sunny Creek project. 5. "On page 30, under the heading "Amount or Extent of Take," the discussion should be revised to reflect the recent gnatcatcher survey data...." We have revised the language in amount or extent of take section of the final biological opinion to reflect the most recent survey data. 6. 'Term and Condition #la, on page 31 should be revised to add a sentence as follows: 'Any deviation from this schedule will require coordination with, and approval by, the Service.' We have revised the language in term and condition number lb of the final biological opinion to reflect the suggested changes by inserting the following language: "A deviation from this schedule to initiate work in August, prior to August 31,2002, would require coordination with, and approval by, the Service after the applicant has demonstrated that all gnatcatchers have completed nesting and all young have fledged and dispersed." If you have any questions regarding this letter, please contact John Martin, of my staff, at (760)431-9440. Enclosure Sincerely, Nancy Gilbert Assistant Field Supervisor United States Department ofthe Interior FISH AND WILDLIFE SERVICE Ecological Services Carisbad Fjsh and Wildlife OfRce 2730.Loker Avenue West Caiisbad, Califomia 92008 In Reply Refer To: FWS-SDG-1597.7 (^AR 1 4 2002 Colonel Richard G. Thompson District Engineer U.S. Army Corps of Engineers Los Angeles District P.O. Box 532711 Los Angeles, CA 90053-2325 Attn: Mr. Russ Kaiser Re: Biological Opinion on the Calavera Hills Phase n Housing Development Project, San Diego County, Califomia (FWS Consultation No. 1-6-01-F-1597; Corps File No. 200100215-SKB) Dear Colonel Thompson: This document transmits the U. S. Fish and Wildlife Service's (Service) biological opinion based on our review ofthe proposed Calavera Hills Phase E development project located in Carlsbad, San Diego County, California, and its effects on tiie Califomia gnatcatcher {Polioptila califomica; gnatcatcher), its critical habitat, and tiie least Bell's vireo (Vireo bellii pusillus; vireo) in accordance with section 7 ofthe Endangered Species Act (Act) of 1973, as amaided (16 U.S.C. 1531 et seq.). Critical habitat for tiie vireo has been designated. However, this action does not occur within the area designated, therefore, it will not be discussed further. Your August 3, 2001, request for fonnal consultation was received on August 7, 2001, and we initiated consultation upon receipt of your request This biological opinion is based on information provided in tiie August 21, 2000, biological assessment (Recon, No. 3226B), tiie Febmary 2001 draft Environmental Impact Report, an April 4, 2001, field investigation conducted by Service staff, and other information available in our files. A complete administrative record of this consultation is on file at this office. CONSULTATION HISTORY To facilitate compliance witii environmental regulations, Ogden Environmental and Energy Services prepared a Biological Technical Report addressing a proposed housing development on the Calavera Hills site, for Lyon Communities, Inc., in September, 1992. A Calavera Heights Califomia Gnatcatcher Mitigation Preserve Management Plan was prepared by Ogden, on March 9, 1993. The Service met with representatives of Lyon Communities on April 18, 1995, for an Colonel Richard G. Thompson (FWS-SDG-1597) 2 1995, the Service requested that additional biological surveys be conducted. Between May 16, 1996, and September 13, 2001, the Service, the Califomia Department of Fish and Game (CDFG), and the City of Carlsbad, met with project proponents, to try to reach an agreement that would allow inclusion of the Calavera Hiljs Phase H project in the City of Carlsbad's Habitat Management Plan (HMP) as a "hardlined" project. Boundaries of developed areas and areas to be preserved as open space were changed several times in the course of these discussions. On July 28,1999, Service biologists and project proponents agreed on a project design that would provide a corridor for wildlife south of Village K. This agreement allowed the Calavera Hills project to be included in the City of Carlsbad's (City) Habitat Management Plan (HMP). On Febmary 2,2001, tiie City of Carlsbad issued a Draft Environmental Impact Report (DEIR). On April 6,2001, the Service and CDFG provided joint comments on the DEIR. At an April 18, 2001, meeting witii Service and CDFG biologists and City Planning Department personnel, McMillin Land Development indicated that fuel management activities would be conducted within the wildlife preserve. In meetings held on May 1, May 18, and July 13,2001, Service and CDFG biologists. City personnel, and developers met to discuss fuel modification in the wildlife corridor south of Village K. On August 7,2001, the Service received a request from the Corps to initiate formal consultation on this project, and we initiated formal consultation on that day. On September 13,2001, the Wildlife Agencies agreed to a reduced vegetation thinning regimen within the preserve, which requires that a glass wall be erected between the preserve and the residential lots, for fire protection. On September 13,2001, a meeting was held between Service personnel. City planners, U. S. Army Corps of Engineers (Corps), and the Regional Water QuaUty Control Board, to discuss mitigation and other issues related to impacts to wetlands. On November 2, 2001, project proponents met with the Service to plan acquisition of off-site gnatcatcher habitat to offset project impacts. On October 19,2001, the Corps issued a Public Notice of Application for a permit to fill wetlands pursuant to section 404 of the Clean Water Act of 1972 (33 U.S.C. 1344). Due to mail delays, the comment period on the Public Notice was extended to November 26,2001. We received the Public Notice on November 2,2001. On November 26,2001, the Service requested and was granted a one-week extension to the comment period on the public notice. On December 3, 2001, the Service sent a letter to the Corps commenting on the Public Notice for this project. On December 5,2001, the Service received a fax from the Corps summarizing the extensive public comments received on the Public Notice. On December 10,2001, the Service requested a 60-day extension for providing a Biological Opinion to the Corps under section 7, citing the likelihood of substantial changes to the project description as a result of comments on the Public Notice. On December 14, 2001, that request was granted. "On January 8, 2002, representatives of the City, McMillin Land Development, the Service, CDFG, the Corps, and the Regional Water Quality Contiol Board met to discuss the location of the proposed intersection of College Boulevard and Cannon Road, to address the Corps' concem that the location may not have represented the least environmentally damaging practTcable altemative. At that meeting, it was agreed to divide the proposed Cannon Road extension into two reaches, and withdraw the northem reach from the project description. Due to the revised project, the Corps requested a Colonel Richard G. Thompson (FWS-SDG-1597.5) 3 revised project description. The Service continued the consultation unintermpted, but changed the biological opinion in progress to reflect the revised project description. On Febmary 14, 2002, the Service issued,a draft biological opinion to tiie Corps for the Calavera Hills Phase II project. It is our understanding that the Corps shared the draft biological opinion with the applicant because we received a letter from Brian Milich of McMillin Land Development, on March 5,2002, commenting on the Febmary 14,2002, draft biological opinion. During a phone conversation with Mr. Russ Kaiser from the Corps on March 5,2002, he indicated that the Corps would consider the March 5,2002, letter from Mr. Milich to represent all comments on the draft biological opinion. As a result, tiie Service revised the draft biological opinion to address the comments. On March 4,2002, tiie Service was made aware that tiie applicant's contiactor cleared native vegetation from Febmary 20,2002, to March 1,2002, during tiie gnatcatcher breeding season, in order to erect a fence, intended to demarcate tiie boundary between lands tiiat are to be preserved as biological open space, and lands tiiat are proposed for development to allow constiuction personnel to know where to work and where not to work, histallment of the fence was nearly finished when die City of Carlsbad learned that native vegetation was being cleared during the gnatcatcher breeding season and issued a stop-work order, halting tiie fence consttnction. On March 7,2002, Service staff met witii tiie City of Carlsbad (Eric Munoz), McMillin Land Development (Brian Milich, Don Mitchell, and Skip Haman) and tiieir legal council (Mark McGuire) to examine tiie area where vegetation had been removed for installation oftiie fence. The entire project perimeter was cleared to an average approximate width of 82 inches. The fence was placed in tiie appropriate location, with respect to tiie planned boundary between tiie open space and tiie development, but tiie swath of vegetation removed to accommodate tiie fence included areas on tiie open space side as well as the development side. Approximately half of the vegetation removed was in tiie area proposed for open space. The approximate acreage of gnatcatcher habitat impacted in the open space is estimated to be between 1 to 2 acres. The installment of such a fence was a condition of the draft Biological Opinion. However, no clearing of vegetation was to occur witiiin the areas designated as open space and no clearing was to occur during tiie gnatcatcher breeding season. The Service is cunently working with botii tiie City of Carlsbad and the applicant to resolve tiiis issue. BIOLOGICAL OPINION DESCRIPTION OF THE PROPOSED ACTION The City of Carlsbad and Calavera Hills H, LLC are joint applicants seeking authorization from the U.S. Army Corps of Engineers to impact wetlands and jurisdictional waters pursuant to Section 404 in connection with the development of a residential complex, the extension of two existing arterial roadways, (College Boulevard and Cannon Road), and constmction of two detention basins, located within the northeast portion of the City of Carlsbad, San Diego County, Colonel Richard G. Thompson (FWS-SDG-1597.5) 4 Califomia. (Figure 1). Specifically, the project consists of the following development and public infrastmcture components: 1. The constmction of the Calavera Hi lis Phase n project, which consists of a maximum of 781 units of residential housing, local infrastmcture and their associated neighborhood improvements, and community facilities and open space, totaling approximately 300 acres. The development would occur within the seven remaining undeveloped "villages" which constitutes the final phase of the Calavera Hills Master Planned Community ORgure 2). 2. The constmction, in phases, of Bridge and Thoroughfare District No. 4 (BTD), which consists of College Boulevard, between Carlsbad Village Drive and El Camino Real, and Cannon Road from El Camino Real to approximately 1,200 feet easterly of the proposed College/Cannon intersection. College Boulevard (Reaches A, B and C) would be extended from Carlsbad Village Drive southerly to El Camino Real (approximately 9,500 feet). Cannon Road (Reaches 3 and 4A) would be extended (approximately 4,400 feet) from El Camino Real easterly to approximately 1,200 feet east of the College/Cannon intersection) (Figure 2). 3. The installation, in phases, of two detention basins, identified as Basins BJ and BJB, to control flood waters along Little Encinas Creek and Calavera Creek upstream of the Rancho Carlsbad Mobile Home Park (Figure 2) Under the preferred altemative, the proposed project would impact 3.7 acres of jurisdictional waters, consisting of 0.7 acres of alkali marsh, 0.5 acres of riparian scmb, 1.9 acres of riparian woodland, 0.2 acres of non-wetland waters of the U.S, and 0.4 acres of temporary impacts. According to the Biological Technical Report (Recon 2001), nine vegetation communities exist within the Phase n portion of the proposed project: Diegan coastal sage scmb (250.3 ac.); southem mixed/chamise chaparral (66.6 ac); non-native grassland (20.2 ac.); riparian woodland Colonel Richard G. Thompson (FWS-SDG-1597.5) OCEANSID PROJECT LOCATION ENCINITASV t 0 MILES 2.2 4.4 FIGURE 1 Regional Location of the Project Colonel Richard G. Thompson (FWS-SDG-1597.5) CALAVERA WLLS _ MASTER PUN BOUNDARY MlDlta.4lle«MMy* Figure 2 CALAVERA HILLS PHASE li BRIDGE & THdR0U6HFi^ DISTRICT NO. 4 AND DETENTION BASIN PROJECT LOCATION MAP Colonel Richard G. Thompson (FWS-SDG-1597.5) 7 (0.2 ac); eucalyptus woodland (9.9 ac); native grassland (9.3 ac); riparian scmb (7.2 ac); cismontaine alkali marsh (0.1 ac); and freshwater marsh (0.5 ac). Developed (25.8 ac.) and disturbed (22.5 ac.) lands also occur onsite. Ten vegetation communities are found within the expanded inventory area of the road exterjsion footprint: Diegan coastal sage scmb (137.3 ac); southem mixed/chamise chaparral (24.8 ac); non-native grassland (16.3 ac); riparian woodland (15.1 ac); eucalyptus woodland (5.0 ac); riparian scmb (3.3 ac); riparian forest (2.0 ac); cismontaine alkali marsh (1.5 ac.) and freshwater marsh (0.2 ac). Remaining land within the footprint is classified as agricultural (133.6 ac), disturbed (28.0 ac), and developed (54.1 ac). Calavera Hills Phase II The Calavera Hills Master Plan, originally approved in 1974 and amended several times since, includes approximately 900 total acres in the northeast quadrant of Carlsbad. Existing Phase I development accounts for about 500 acres (and 1,619 dwelling units). The master plan allows for construction, in Phase H, of a maximum of 781 dwelling units on the approximately 300 acres remaining on the site. The residential units would consist of single family,, multi-family condominiums, and apartment villages, clustered on the urban areas of the property. The development plan allows for five single family villages, totaling approximately 331 single family units, with lots ranging from a minimum 4,000 sq. ft. in area to 8,000 sq. ft. in area. This development plan will also include two condominium sites, which will accommodate no more than 338 attached two-and three-story attached condominiums. The apartment project will provide for up to 141 affordable housing units. Approximately 3.5 total miles of local residential streets will serve these villages. Local infrastmcture, including sewer, storm drain and water distribution lines will also be provided to the units. Two community facility sites totaling three acres, intended to accommodate daycare and/or church uses are also designated within the plan. This final phase of the Calavera Hills community involves the final nine villages (300 acres) of the 900 acres of urban villages and open space that make up Calavera Hills. The applicant proposes to begin constmction in Febmary of 2002, with the entire constmction process for Calavera Hills Phase n taking up to three years to complete. The project is consistent with the City's Draft Habitat Management Plan (HMP). While not formally approved, the Draft HMP reflects the regionally significant habitat areas and corridors desired for establishment within the City of Carlsbad. The HMP was drafted in conjunction with consultation and input from the US Fish and Wildlife Service, the Califomia Department of Fish and Game and the City of Carlsbad. College Boulevard and Cannon Road The proposed project involves the constmction of Reaches A, B and C of College Boulevard (Fig. 2). Reaches B and C will be constmcted in conjunction with development of Calavera Hills Phase n. Reach A is projected to be constmcted prior to 2006. In addition. Cannon Road Reach 3 will be developed with Calavera Hills Phase II to provide a link between the homes and El Camino Real. Colonel Richard G. Thompson (FWS-SDG-1597.5) 8 College Boulevard through Calavera Hills Phase fl (College Reach C - approx. 3,600 ft. in lenglh) and from Calavera Hills to its proposed intersection with Cannon Road (College Reach B - approx. 1,800 ft. in length), and Cannon Road from this proposed intersection to El Camino Real (Cannon Reach 3 - approx. 3,600 ft. ;n length) would be constmcted as part of Calavera Hills Phase II. Constmction of these reaches of roads is proposed to begin in Febraary 2002 and take approximately one year to complete. Constmction of College Boulevard from the College/Cannon intersection, south to El Camino Real (College Reach A - approx. 3,500 ft. in length) will be constmcted as a second phase, and is expected to begin in approximately 2004. Cannon Road east of the College/Cannon intersection some 1,200 feet into the CUSD high school site (Reach 4A) will be the last phase of the proposed project road development, and is expected to begin concurrentiy with consttuction of the high school. Constmction of the BTD will impact native vegetation (Table 1). Both College Boulevard and Cannon Road are major arterials on the City of Carlsbad Circulation Element As such, tiieir design includes two 12-foot ttavel lanes in each direction, with an 18- foot median separating the ttavel directions. Curi>-to-curb widtii is 82-feet. Speed limits on the roadways are expected to be posted at 45 mph. Table 1. Impacts to native vegetation associated with construction of Bridge and Thoroughfare Roadway Segment Constructed with Development Phase Permanent and Temporary Wetlands and Waters Impacts Coastal Sage Scrub Impacts College Reach C Calavera Hills Phase n 0.0 ac. 5.7 ac. College Reach B Calavera Hills Phase n 0.8 ac. 3.2 ac. Cannon Reach 3 Calavera Hills Phase n 1.6 ac. 0.0 ac. College Reach A By 2006 1.0 ac 1.5 ac Cannon Reach 4A High school development 0.0 ac. 0.0 ac. TOTAL 3.4 ac. 10.4 ac. Detention Ba.sins B.T and B.TB In conjunction with constmction of College Boulevard, the City of Carlsbad plans to install two permanent detention basins for flood conttol purposes. These basins are needed because downstream homeowners in the Rancho Carlsbad Mobile Home Park experience flooding during heavy storni events. The earthen roadway bed of College Boulevard is designed to provide the embankment necessary to impound the floodwaters, and release them gradually, to avoid the downstteam flood damage. As a result, all impacts associated with the detention basins are Colonel Richard G. Thompson (FWS-SDG-1597.5) 9 included in the College Boulevard impacts. Detention Basin BJB (north of the intersection of Cannon Road and College Boulevard) will be constmcted concunently with College Boulevard Reach B; thus constraction is proposed to begin in Febraary 2002 and take approximately one year to complete. Constmction of Basin l^J is proposed to begin in 2004-2005, and take approximately one year. The action area extends 5.5 kilometers sunounding the impact area, and encompasses a large area of Carlsbad, Vista, Oceanside, and portions of unincorporated San Diego County. Conservation Measures The proposed action contains the following conservation measures which will be implemented as part of the project in order to avoid or otherwise minimize potential adverse effects of the action on sensitive and listed species. 1. A wildlife corridor will be retained through tiie project site. The Calavera EBUs site contains the last significant corridor of native vegetation connecting wildlife preserves in Carisbad and points south with Camp Pendleton, via the proposed "stepping stone" habitat linkages in Oceanside. Therefore, the estabUshment of a wildlife corridor in the location discussed with the Service and CDFG —and agreed upon in the HMP- is a major component of this master plan amendment, which is reflected in the proposed Phase n development plan. The proposed project accommodates the creation of a biological habitat corridor through the centtal portion of the master plan area by adjusting the land uses, and transferring densities and allowing for clustered development Specifically, the southem portion of Village K will be preserved as open space, and the northem portion will be developed with clustered single-family homes. A customized fire suppression program for the area of interface between the residential housing and the corridor has been approved by the developers, the Service, and the Carlsbad Fire Department This program entails the constmction of a perimeter wall and fire sprinkler program which will also serve to protect the corridor from house pets. The tinted glass portion of the wall will be constmcted at a 21 degree angle in an effort to reduce bird mortality of birds flying into the glass. 2. The removal of and temporary impacts to 3.4 acres of riparian scrab, riparian forest and marsh habitat will be mitigated by creating 10.7 acres of wetland habitat to ensure that no net loss of riparian habitat occurs. Mitigation for vegetated habitat would be accomplished through creation and/or enhancement/preservation of appropriate riparian and marsh habitat. The mitigation for these impacts will occur in two locations, (1) an expansion of the Calavera Creek riparian habitat in the upper "end of Detention Basin BJB, and within the overflow area of Basin BJ. Colonel Richard G. Thompson (FWS-SDG-1597.5) 10 Table 3. Wetiand Plant Community Mitigation (Including temporary impacts) Plant Community Prqject Impacts Mitigation Ratio Required On-site Mitigation Riparian woodland 2.17 ac 3:1 (temp. 1 1) 6.5 ac. Riparian scrab 0.55 ac. 3:1 (temp. 1 1) 1.7 ac. Riparian forest 0.00 ac. 3:1 (temp. 1 •1) Oac. Cismontaine alkali marsh 0.77 ac. 3:1 (temp. 1 2.3 ac. Wetland TOTAL 10.5 ac. Non-wetiand jurisdictional waters 0.21 ac. 1:1 0.2 ac. Grand TOTAL 3.7 ac. 10.7 ac. 3. Compensation for impacts to tiie federally threatened coastal Califomia gnatcatcher and removal of 91.2 acres of coastal sage scrab vegetation will be accomplished through the on-site avoidance of 87.3 acres of existing coastal sage scrab and revegetation of 2.4 acres of the site with coastal sage scrab. This totals 89.7 acres of on-site coastal sage scrab conservation. In addition, 35.6 acres of the Carlsbad Nature Preserve property has been purchased to offset impacts of the project (Table 2). The applicants will preserve an additional 51.3 acres of gnatcatcher-occupied coastal sage scrab off-site, within the coastal portion of the MHCP area, at a location acceptable to the Service. If the acquisition of this land is not accomplished prior to issuance of a mass grading permit by the City, funding for acquisition of an additional 51.3 acres of coastal sage scrab off-site at a location acceptable to tiie Service and the City of Carlsbad will be provided tiirough deposit of $1,128,600 and $394,650.00 into tiie Califomia Gnatcatcher Conservation Fund (National Fish and Wildlife Foundation Account No. 97-166). The $1,128,600 is to be used for property acquisition and the and the $394,650.00 is to be used for the creation of an endowment fund for maintenance and management of the acquired site (the $394,650.00 dollar amount may be revised if a Property Analysis Report [sic](PAR) prepared by a qualified open space manager detennines less money is needed for the endowment). Table 2. CSS Mitigation Activity Acreage On-site Preservation . 87.3 ac. On-site revegetation -2.4 ac. Carlsbad Nature Preserve Credit 35.6 ac. Offsite CSS acquisition 51.3 ac. TOTAL 176.6 ac Colonel Richard G. Thompson (FWS-SDG-1597.5) 11 4. The applicant will ensure that long-term conservation of the on- and off-site preservation areas will occur through biological conservation easements. The biological conservation easements will be granted to a public or private entity agreed to by the Service and with input from the CDFG to ensure that the management of the biological resources is implemented. In addition, the applicant will ensure that the long-term management of the on-site preservation areas will occur in perpetuity by the funding of an endowment to a conservation management group. 5. Mitigation for potential impacts to least Bell's vireo will include avoidance of removal of riparian habitat between March 15 and September 1. Any deviation from this schedule will require coordination with, and approval by, the Service. If constraction will occur adjacent to occupied vireo habitat during the breeding season, pre-constmction surveys will be conducted in the adjacent habitat to determine the location of the nesting birds. During constraction, no activity will occur directiy adjacent to active nesting territories of the vireo, unless measures are implemented to minimize the noise and disturbance to those adjacent birds. Exceptions to this measure will require coordination with, and approval by, the Service, and may include cases where surveys for the vireo confirm that adjacent habitat is not occupied or where noise studies confirm that noise levels are below 60 dBA within vireo habitat. If grading occurs during the breeding season and noise levels exceed this threshold, noise barriers will be constracted to reduce noise impacts to occupied habitat to below 60 dBA L^. 6. The natural drainage (i.e., the pre-development hydrology) will be maintained as much as possible. Drainage from the development site will not drain directiy into open space areas without some form of tteatment. 7. During constraction, gravel bag check dams will be used in street sections, gravel bag ring basins will be used at all inlets, silt fences will be installed at the toe of slopes, constraction entrances will be covered with gravel, and slopes will be hydroseeded or otherwise protected pursuant to a City of Carlsbad-approved erosion control plan. 8. All lighting of developed areas adjacent to the open space is proposed to be shielded and directed away from undeveloped areas. 9. The applicant will ensure that the constraction limits will be clearly defined prior to ground disturbing activities and clearly visible to personnel on foot and heavy equipment ojjerators. Employees will strictly limit their activities and vehicles to the proposed project areas, staging areas, and routes of ttavel. The applicant and/or the biological monitor will contact the Service to verify that the limits of constraction have been properly staked and are readily identifiable. 10. All equipment maintenance, staging and dispensing of fuel, oil, or any other such activities, will occur in designated upland areas. The designated upland areas will be located in such a manner as to prevent any ranoff from entering waters of the United States, including wetiands. Colonel Richard G. Thompson (FWS-SDG-1597.5) 12 11. An employee education program will be developed and implemented. The applicant will submit the contents of the Worker Environmental Awareness Program and the qualifications of the proposed instractor(s) to the Service prior to initiation of the employee education program. For'the life of the constraction project, each employee (including temporary conttactors and subcontractors) will receive a training/awareness program within two weeks of working on the proposed project. They will be advised of the potential impacts to the listed species and the potential penalties for taking such species. At a minimum, the program will include the following topics: occunence of the listed and sensitive species in the areas, their general ecology, sensitivity ofthe species to human activity, impacts from free-roaming pets (particularly domestic and feral cats), legal protection afforded these species, penalties for violation of Federal and State laws, reporting requirements, and project features designed to reduce tiie impacts to these species and promote continued successful occupation of tiie preserved areas. 12. The applicant will designate a field contact representative (FCR) or biological consttnction monitor who will be responsible for overseeing compliance witii protective measures for the listed species and sensitive areas during constinction. The FCR will have tiie autiiority to halt all associated project activities, which may be in violatidn of tiie terms and conditions of this biological opinion. 13. A draft monitoring/management plan(s) that addresses botii tiie habitat and tiie species will be developed and implemented in coordination with the Service. The monitoring/management plan(s) will be submitted to tiie Service and tiie Corps for approval witiiin 60 days of tiie date of your 404 pennit and provide a description of any measures the applicant has implemented to avoid and minimize tiie effects of tiie project, and a description of the funding mechanism that assures that tiie conservation measures are fully implemented and meet success criteria. Management issues to be addressed in tiie plan include: biological monitoring for listed and other MHCP-covered species, fencing as necessary to provide adequate protection of conserved on-site habitat from human encroachment and domestic pets, shielding of any lighting adjacent to tiie conserved areas to minimize lighting effects in these areas, restrictions on tiie use of invasive landscaping plants in areas adjacent to the conserved areas, and tt-ail use and signs to minimize effects of trail use on conserved areas, weed removal and ttrash removal from conserved areas. 14. A wildlife undercrossing will be incorporated into the design of College Boulevard Reach B, to facilitate movement of large mammalian predators (e.g., coyotes and bobcats) between habitat to the northeast (including Calavera Nature Preserve) and habitat to the soutiiwest (including Robertson Ranch and Agua Hedionda lagoon) (Figure 3). Colonel Richard G. Thompson (FWS-SDG-1597.5) 13 mtAL cKossm am Figiure 3. Location of wildlife crossing under College Boulevard, Reach B Colonel Richard G. Thompson (FWS-SDG-1597.5) 14 STATUS OF THE SPECIES/CRITICAL HABITAT Coastal California Gnatcatcher (Polioptila califomica califomica) ' I • t Listing Status The Service listed the coastal Califomia gnatcatcher as threatened on March 30,1993 {Federal Register 58: 16742). As part of the Federal listing, the Service issued a special mle, pursuant to section 4(d) of the Act defining the conditions under which take of tiie gnatcatcher would not be a violation of section 9. This special mle recognized tiie State's Natural Community Conservation Planning (NCCP) Program, and several local govemments' ongoing multi-species conservation planning efforts (e.g., the MHCP) tiiat intend to apply Act standards to activities affecting tiie gnatcatcher. An interim process was established whereby jurisdictions actively involved in NCCP planning would be allowed to take up to five percent of tiie remaining coastal sage habitat for projects that were consistent witii tiie NCCP conservation guideUnes. Species Description The coastal Califomia gnatcatcher is a small (lengtii: 11 centimeters; weight: 6 grams), long- tailed member ofthe old-worid warbler and gnatcatcher family Sylviidae (American Omithologists' Union 1998). The bird's plumage is dark blue-gray above and grayish-white below. The tail is mostiy black above and below. The male has a distinctive black c^ which is absent during tiie winter. Botii sexes have a distinctive white eye-ring. The coastal Califomia gnatcatcher is one of tiiree subspecies of tiie Califomia gnatcatcher (Polioptila califomica) (Atwood 1991). Prior to 1989, ttie Califomia gnatcatcher was classified as a subspecies ofthe Black-tailed gnatcatcher (Polioptila melanura). Atwood (1980,1988) concluded tiiat tiie species was distinct from P. melanura, based on differences in ecology and behavior. Recent mitochondrial DNA sequencing confinned the species-level recognition of the Califomia gnatcatcher (Zink and Blackwell 1998). Distribution Gnatcatchers occur on coastal slopes in soutiiem Califomia, ranging from southern Ventura soudiward through Palos Verdes Peninsula in Los Angeles County through Orange, Riverside, San Bemardino and San Diego Counties into Baja Califomia to El Rosario, Mexico, at about 30 degrees north latitude (Atwood 1991). hi 1990, Atwood reported that ninety-nine percent of all gnatcatcher locality records occuned at or below an elevation of 300 meters (m) (984 feet (ft)). In 1992, Atwood and Bolsihger reported that, of 324 sites of recent occunence, 272 (84 percent) were located below 250 m (820 ft) in elevation, 315 (97 percent) were below 500 m (1,640 ft), and 324 (100 percent) were below 750 m (2,460 ft). Since tiiat time, additional data collected at higher elevations shows that this species may occur as high as 912 m (3,000 ft) and diat more than 99 percent of the known gnatcatcher locations occurred below 770 m (2,500 ft) (U.S. Fish and Wildlife Service 2000). Colonel Richard G. Thompson (FWS-SDG-1597.5) 15 Habitat Affinities Gnatcatchers typically occur in or near coastal sage scmb habitat. Coastal sage scrab is patchily distributed throughout the range of the gqatcatcher, and the gnatcatcher is not unifonnly distributed within the stracturaUy and floristically variable coastal sage scrab community. Rather, the subspecies tends to occur most frequently within Califomia sagebmsh (Artemisia ca/i/orrKca)-dominated stands on mesas, gently sloping areas, and along the lower slopes of the coast ranges (Atwood 1990). An analysis of the percent gap in shrab canopy supports the hypothesis that gnatcatchers prefer relatively open stands of coastal sage scrab (Weaver 1998). The gnatcatcher occurs in high frequencies and densities in scrab with an open or broken canopy while it is absent fi-om scrab dominated by tall shrabs and occurs in low frequencies and densities in low scmb with a closed canopy (Weaver 1998). Territory size increases as vegetation density decreases and with distance from the coast, probably due to food resource availability. Gnatcatchers also use chaparral, grassland, and riparian habitats where they occur adjacent to sage scrab (Campbell et al. 1998). The use of these habitats appears to be most frequent during late summer, autumn, and winter, with smaller numbers of birds using such areas during the breeding season. These non-sage scrab habitats are used for dispersal, but data on dispersal use are largely anecdotal (Campbell et al. 1998). Linkages of habitat along linear features such as highways and power-line corridors may be of significant value in linking populations of the gnatcatcher (Famolaro and Newman 1998). Although existing quantitative data may reveal relatively little about gnatcatcher use of these other habitats, these areas may be critical during certain times of year for dispersal or as foraging areas during drought conditions (Campbell et dl. 1998). Breeding territories have also been documented in non-sage scrab habitat Campbell et al. (1998) discuss likely scenarios explaining why habitats other than coastal sage scmb are used by gnatcatchers including food source availability, dispersal areas for juveniles, temperature extremes, fire avoidance, and lowered predation rate for fledglings. Critical Habitat On October 24,2000, the Service published the final determination of critical habitat for the gnatcatcher (Federal Register 65: 63680), including 207,868 hectares (ha) (513,650 acres (ac)) of Federal, state, local, and private land in Los Angeles, Orange, Riverside, San Bemardino, and San Diego Counties. Primary constituent elements for the gnatcatcher are those habitat components that are essential for the primary biological needs of foraging, nesting, rearing of young, intra-specific communication, roosting, dispersal, genetic exchange, or sheltering. Primary constituent elements are provided in (1) undeveloped areas, including agricultural lands, that support or have the potential to support, through natural successtonal processes, various types of sage scrab, or (2) undeveloped areas that support chapanal, grassland, or riparian habitats where they occur proximal to sage scrab and where they may be utilized for the biological needs of dispersal and foraging, and (3) undeveloped areas, including agricultural areas, that provide or could provide connectivity or linkage between or within larger core areas, including open space and disturbed areas that may receive only periodic use (Federal Register 65:63680). Colonel Richard G. Thompson (FWS-SDG-1597.5) 16 Life History The Califomia gnatcatcher is primarily insectivorous, nonmigratory, and exhibits strong site tenacity (Atwood 1990). Diet deduced fi;dm fecal samples resulted in leaf- and plant-hoppers and spiders predominating the samples. Trae bugs, wasps, bees, and ants were only minor components of the diet (Burger et al. 1999). Gnatcatcher adults selected prey to feed tiieir young that was larger than expected given the distribution of arthropods available in their environment. Both adults and young consumed more sessile than active prey items (Burger et al. 1999). The Califomia gnatcatcher seems to become highly territorial by late Febraary or early March each year, as males become more vocal during this time period (Mock et aL 1990). In southwestem San Diego County the mean breeding season territory size ranged from 5 to 11 ha (12 to 27 ac) per pair and non-breeding season territory size ranged from 5 to 17 ha (12 to 42 ac) per pair (Preston etai. 1998). During the nonbreeding season, gnatcatchers have been observed to wander in adjacent territories and unoccupied habitat increasing their home range size to approximately 78 percent larger than their breeding territory (Preston et al. 1998). The breeding season of the gnatcatcher extends from mid-Febraary through the end of August, with the peak of nesting activity occuning from mid-March through mid-May. The gnatcatcher's nest is a small, cup-shaped basket usually found 0.3 to 1 m (1 to 3 ft) above the ground in a small shrab or cactus. Clutch sizes range between three and five eggs, with the average being four. Juvenile birds associate with their parents for several weeks (sometimes months) after fledging (Atwood 1990). Nest building begins in mid-March witii tiie earliest recorded egg date of March 20 (Mock et al. 1990). Post-breeding dispersal of fledglings occurs between late May and late November. Nest predation is the most common cause of nest failure (Grishaver et aL 1998). Gnatcatchers are persistent nest builders and often attempt multiple broods, which is suggestive of a high reproductive potential. This is, however, typically offset by high rates of nest predation and brood parasitism (Atwood 1990). Nest site attendance by male gnatcatchers was determined to be equal to that of females for the first nest attempt and then decline to almost a third of female nest attendance for later nesting attempts (Sockman 1998). Gnatcatchers typically live for two to tiiree years, although ages of up to five years have been recorded for some banded birds (Dudek and Associates 2000). Observations indicate that gnatcatchers are highly vulnerable to extteme cold, wet weather (Mock et al. 1990). Predation occurs in greater proportion in the upper and lower third of the nest shrab. Predation is lower in nests with full clutch sizes (Sockman 1997). Potential nest predators are numerous, and include snakes, raccoons, and corvids (Grishaver et al. 1998). The Califomia gnatcatcher also is known to be affected by nest parasitism of the brown-headed cowbird (Molothrus ater). Nest parasitism apparently has resulted in eariier nesting dates of the gnatcatcher whfch may help compensate for the negative effect of parasitism (Patten and Campbell 1998). However, tiie gains in nest success from decreased nest parasitism appear to be negated by increased nest abandonment due to predation before cowbirds have migrated into an area (Braden et al. 1997). The natal dispersal, for a nonmigratory bird, such as tiie gnatcatcher, is an important aspect of the biology of the species (Galvin 1998). The mean dispersal distance of gnatcatchers bmided in San Colonel Richard G. Thompson (FWS-SDG-1597.5) 17 Diego County is reported at less than 3 kilometers (km) (1.9 miles (mi)) (Bailey and Mock 1998). Although the mean dispersal distances that have been documented above are relatively low, dispersal of juveniles is difficult to observe and to document without extensive banding studies. Therefore, it is likely that the few cunent studies underestimate the gnatcatcher's typical dispersal capacity (Bailey and Mock 1998). Juvenile gnatcatchers are apparentiy able to ttaverse highly man-modified landscapes for a least short distances (Bailey and Mock 1998). Natural and restored coastal sage scrab habitat along highway corridors is used for foraging and nesting by gnatcatchers and may serve important dispersal functions (Famolaro and Newman 1998). Typically, however, the dispersal of juveniles requires a conidor of native vegetation which provides foraging and cover opportunities to link larger patches of appropriate sage scrab vegetation (Soule 1991). These dispersal corridors may facilitate the exchange of genetic material and provide a path for recolonization of areas from which the species has been extirpated (Soule 1991, Galvin 1998). Population Trend The gnatcatcher was considered locally common in the mid-1940's, but by the 1960's this subspecies had decUned substantially in the United States owing to widespread destmction of its habitat (Atwood 1990). By 1980, Atwood (1980) estimated tiiat no more tiian 1,000 to 1,500 pairs remained in the United States. In 1993, at the time the gnatcatcher was listed as threatened, the Service estimated that approximately 2,562 pairs of gnatcatchers occurred in the United States. Of these, 30 pairs occuned in Los Angeles County, 757 pairs occurred in Orange County, 261 pairs occurred in Riverside County, and 1,514 pairs occurred in San Diego County. In 1997, the total number of gnatcatchers in the United States was estimated at 2,899 pairs with two-thirds occurring in San Diego County (U.S. Fish and Wildlife Service 1996), after subttacting out all gnatcatcher pairs authorized for take under Habitat Loss Pemiits, approved Natural Community Conservation Plans, Habitat Conservation Plans, and section 7 consultations. These population estimates were intended to represent a coarse approximation of the number of gnatcatchers in southem Califomia. Confidence intervals have not been calculated for these estimates and therefore, we can not be sure of their precision. Threats The loss, fragmentation, and adverse modification of habitat are the principal reasons for the gnatcatcher's federally threatened status (Federal Register 58: 16742). The amount of coastal sage scrab available to gnatcatchers has continued to decrease during the period after the listing of the species. It is estimated that up to 90 percent of coastal sage scrab vegetation has been lost as a result of development and land conversion (Westman 1981a, 1981b, Barbour and Major 1977), and coastal sage scrub is considered to be one of the most depleted habitat-types in the United States (Kirkpatrick and Hutchinson 1977, O'Leary 1990). The fragmentation of habitat may artificially increase populations in adjacent preserved habitat; however, these population surpluses may be lost in subsequent years due to crowding and lack of resources (Scott 1993). In addition, agricultural use, such as grazing and field crops, urbanization, air pollution, and the introduction of non-native plants have all had an adverse impact on extant sage scrab habitat. A consequence of urbanization that is contributing to the loss, degradation, and fragmentation of Colonel Richard G. Thompson (FWS-SDG-1597.5) 18 coastal sage scrab is an increase in wildfires due to anthropogenic ignitions. High fire frequencies and the lag period associated with recovery of the vegetation may significantly reduce the viability of affected subpopulations (Dudek and Associates 2000). Furthermore, nest- parasitism by the brown-headed cowbird (tJnitt 1984) and nest predation threaten the recovery of the gnatcatcher (Atwood 1980, Unitt 1984). Least Bell's Vireo (Vireo bellii pusillus) Listing Status The least Bell's vireo was federally-listed as endangered on May 2,1986 (Federal Register 51: 16474) and state listed as endangered in Califomia on October 2,1980. A draft recovery plan was prepared for tiiis species in March 1998 (U.S. Fish and WildUfe Service 1998). Species Description The least Bell's vireo is a small migratory songbird. It is olive-gray above and pure white on its underparts with two dull white wing stripes and dull white to olive nanow margins on the outer border of its wings and tail. Males and females are identical in plumage. This vireo is easily distinguished by its song, a rapid bubbling series of rough notes, increasing in tempo and intensity toward a rapid climax. Phrases of tiie song are altematively slurred upward and downward. Eggs are on average 17.5 millimeters (mm) (0.7 inches (in)) long, and duU white, often with fine brown, black, or reddish-brown dots concentiated on the larger end (Brown 1993). The least Bell's vireo is in tiie family Vireonidae, and is one of four subspecies of Bell's vireo (Vireo bellii) that have been recognized. Although all subspecies are similar in behavior and Ufe history, they are isolated from one another on both tiie breeding and wintering grounds (Hamilton 1962). Distribution The least Bell's vireo formeriy was found in valley bottom riparian habitats from Tehama County, Califomia southward locally to northwestem Baja Califomia, Mexico in the south, and as far east as Owens Valley, Death Valley, and along the Mojave River (Grinnell and Miller 1944). Except for a few outlying pairs, the subspecies is currentiy restricted to southem California south of the Tehachapi Mountains and northwestem Baja Califomia (Garrett and Dunn 1981). Least Bell's vireo breeding pairs currentiy occur in Monterey, San Benito, Inyo, San Bemardino, Ventura, Los Angeles, Orange, Riverside, and San Diego Counties. The highest reported concentt^ation is in San Diego County along tiie Santa Margarita River (Small 1994). According to Grinnell and Miller (1944) 1,200 meters (m) (4,000 feet (ft)) is the upper limit where least Bell's vireo occur in coastal southem Califomia. Colonel Richard G. Thompson (FWS-SDG-1597.5) 19 Habitat Affinities The least Bell's vireo primarily occupies riparian habitats that typically feature dense cover within 1 to 2 m (3 to 7 ft) of the ground aqd a dense, sttatified canopy. It inhabits low, dense riparian growth along water or along dry parts of intermittent streams. The understory is typically dominated by sandbar willow (Salix hindsiana), mule fat (Baccharis salicifolia), young individuals of other willow species, such as anoyo willow (Salix lasiolepis) or black willow (5a/ix gooddingii) and one or more herbaceous species (Salata 1983a, 1983b, Zembal 1984, Zembal et al. 1985). Important overstory species include mature arroyo willows and black willows. Other overstory species that may contribute to vireo habitat include cottonwoods (Populus spp.), westem sycamore (Platanus racemosa), and coast Uve oak (Quercus agrifolia). The vireo uses habitat which is limited to the immediate vicinity of water courses (U.S. Fish and Wildlife Service 1986, Small 1994). It primarily nests in small, remnant segments of vegetation typically dominated by willows and mule fat but may also use a variety of shrabs, trees, and vines. Nests are typically built within 1 m (3 ft) of the ground in the fork of willows, wild rose (Rosa califomica), mule fat or other understory vegetation (Franzreb 1989). Cover sunounding nests is usually a moderately open midstory with an overstory of willow, cottonwood, sycamore, or oak. Crown cover is usually more than 50 percent and contains occasional small openings. The most critical stractural component to least Bell's vireo breeding habitat is a dense shrab layer at 0.6 to 3 m (2 to 10 ft) above the ground (Franzreb 1989). The birds forage in riparian and adjoining chaparral habitat (Salata 1983b). Critical Habitat Critical habitat was designated for the least Bell's vireo on Febraary 2,1994 (Federal Register 59: 34982) at 10 areas encompassing about 15,200 hectares (ha) (38,000 acres (ac)) in Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, and San Diego Counties. In San Diego County, the following areas contain designated critical habitat for the least Bell's vireo: Coyote Creek, Santa Margarita River, San Luis Rey River, San Diego River, Sweetwater River, Jamul-Dulzura Creeks, and Tijuana River. Primary constituent elements that support feeding, nesting, roosting and sheltering are essential to the conservation of the least Bell's vireo. These primary constituent elements can be described as riparian woodland vegetation that generally contains both canopy and shmb layers and some associated upland habitats. Life History The least Bell's vireo exhibits year-round diumal activity and is known to be a noctumal migrant (Brown 1993). This subspecies feeds primarily on insects and spiders, and rarely on fmit (Brown 1993). Insects consumed include trae bugs, beetles, bees, wasps, ants, snails, grasshoppers, moths, and butterflies (Terres 1980). The vireo forages primarily within willow (Salix spp.) stands or associated riparian vegetation with forays into non-riparian vegetation including chapanal and oak woodlands later in the breeding season (Gray and Greaves 1984, Salata 1983b, Kus and Minor 1987). Individuals travel between 3 and 61 m (10 and 200 ft) while foraging, with the majority of these destinations occurring within 30 m (98 ft) of the edge of riparian vegetation (Kus and Minor 1987). Least Bell's vireo forage in all vertical vegetation layers from Colonel Richard G. Thompson (FWS-SDG-1597.5) 20 0 to 20 m (0 to 66 ft) but most feeding is concentrated above the ground surface in the lower vegetation layers between 0 to 6 m (0 to 20 ft) (Kus and Minor 1987, Salata 1983b). Feeding behavior largely consists of collecting prey from leaves or in bark crevices while perched or hovering, and less frequentiy by capturing'prey by aerial pursuit (Salata 1983a, 1983b). Least Bell's vireo are mainly monogamous, however, some individuals of both sexes are sequentially polygamous within the breeding season (Greaves 1987). The male vireo contests and establishes breeding territories (Barlow 1962) which range in size from 0.2 to 3.0 ha (0.5 to 7.4 ac) (Gray and Greaves 1984, Collins et al. 1992) with most averaging between 0.4 and 1.2 ha (1 and 3 ac) (U.S. Fish and Wildlife Service 1998). Territories in Bell's vireo are maintained by tiireat and physical confrontation early in the breeding season, tapering to vocal wamings later in the season (Barlow 1962). The breeding season for least Bell's vireo extends from mid-March to mid- or late-September (U.S. Fish and Wildlife Service 1986). A majority of the birds arrive from tiie Mexican wintering areas by tiie end of March, and depart by end of August (Zeiner et al. 1990). Most breeding vireos depart the breeding grounds by tiie third week of September, and only very few are found wintering in the United States (Garrett and Dunn 1981, Salata 1983b). Nests are typically suspended in forked branches of many different riparian species with no clear preference for any particular species (Nolan 1960, Barlow 1962, Gray and Greaves 1984). Least Bell's vireo nests are usually placed between 0.9 and 1.5 m (3.0 and 4.9 ft) from the ground with a range between 0.2 and 3.6 m (0.7 and 11.8 ft) (Dudek and Associates 2000). Females probably select the nesting sites but botii genders participate in nest constmction (Barlow 1962). Nests appear to only be used once with new ones constmcted for failed or successive broods (Greaves 1987). Between 2 to 5 (typically 3 or 4) eggs are laid shortly after nest constmction (U.S. Fish and Wildlife Service 1998). A typical clutch is incubated by botii parents for about 14 days with the young remaining in the nest for anotiier 10-12 days (Pitelka and Koestner 1942, Nolan 1960, Barlow 1962). Least Bell's vireo may produce two broods of young and occasionally up to four per season, although it is thought that most are capable of successfully raising only one brood (Franzreb 1989). Banding records have documented Bell's vireo that have lived approximately seven years, however, maximum life-span is probably longer (Brown 1993). Over two different time periods, within die same population. Greaves and Gray (1991) found that only a small percentage of tiie vireos were older than 3 and 4 years (8 percent and 15 percent). Survival rates measured as average nesting success has been recorded for several large drainages in southem Califomia (U.S. Fish and Wildlife Service 1998). The average percentage of nests to successfully produce fledglings ranges over several study areas from 46 percent (on the Santa Ana River) to a high of 74 percent (on the westem portion of the San Luis Rey River) (U.S. Fish and Wildlife Service 1998). Beyond one year, survivorship increases averaging approximately 47 percent (U.S. Fish and Wildlife Service 1998). Predation is common in least Bell's vireo owing in part to the close proximity between nest and ground (Franzreb 1989). Nest predation among least Bell's vireo has been reported as high as 45 percent in tiie San Luis Rey river to as low as 8 percent on tiie San Diego River (Salata 1983b). Colonel Richard G. Thompson (FWS-SDG-1597.5) 21 Additional long-term research is needed over long periods of time to detennine dispersal characteristics of least Bell's vireo (U.S. Fish and Wildlife Service 1998). Fledgling Bell's vireo expand their dispersal distances from about 10 m (33 ft) the first day to approximately 60 m (197 ft) several weeks after fledging (Hensley" 1950, Nolan 1960). This distance has been shown to increase to approximately 1.6 kilometer (km) (1 mile (mi)) during the same breeding season (Gray and Greaves 1984). Studies by Kus and Greaves have provided estimates of extra-watershed dispersal rates and distances for least Bell's vireo, with approximately 20 percent dispersing outside their natal drainages over distances of 210 km (130 mi) (U.S. Fish and Wildlife Service 1998). Data collected by Kus also suggests that males are more likely to disperse from their natal sites tiian females (U.S. Fish and Wildlife Service 1998). Population Trend No other passerine (perching songbird) species in Califomia is known to have declined as dramatically as the least Bell's vireo (Brown 1993). The nanow and limited nature of the habitat of the least Bell's vireo makes the subspecies more susceptible to major population reductions than the other subspecies of Bell's vireo. Intensive surveys between 1977 and 1985 of virtually all potential breeding habitat were conducted (Gaines 1977, Goldwasser 1978, Goldwasser et al. 1980), resulting in occurrences at only 46 of over 150 former localities. Once common, the vireo populations had decreased substantially by the late 1980's due to loss and degradation of habitat as well as from brown-headed cowbird (Molothrus ater) parasitism (Goldwasser et al. 1980). The regional population has increased from 300 pairs in 1986 to 1,500 pairs in 1996, primarily due to the management of local cowbird populations (Kus 1998). Although the vireo has begun to recover and approximately 2,000 least Bell's vireos pairs were on territories in 1998, data indicate that the United States breeding population in 1999 apparentiy declined. In recent years, the populations of vireos at Camp Pendleton and the Prado Basin collectively represented approximately 60 percent of all known territories within Califomia and the United States as a whole. Population declines were noted at Marine Corps Base, Camp Pendleton, the Prado Basin, and at other locales tiiroughout the range of the species in 1999, and the Camp Pendleton vireo population continued to decrease by 8 percent (78 fewer locations) in 2000 (Service, unpublished data). The reason for this apparent population decline is unknown. However, during the 2001 breeding season, a minimum of 714 known fledged young were detected within the Prado Basin study area, which was a 10 percent increase over the conesponding total (649) in 1999 (Pike et al. 2001). Approximately 2,000 vireo territories were detected within Califomia during 2000, with the largest population located at Camp Pendleton. Threats Causes for decline of the least Bell's vireo include destmction of habitat, river channelization, water diversions, lowered water tables, gravel mining, agricultural development and cowbird parasitism. Vireos are known to be sensitive to many forms of disturbance including noise, night lighting, and consistent human presence in an area. Excessive noise can cause vireos to abandon an area.. Greaves (1989) hypothesized that the lack of breeding vireos in apparently suitable habitat was due to human disturbances (e.g., bulldozers, off-road vehicles, and hiking tt^ails). He Colonel Richard G. Thompson (FWS-SDG-1597.5) 22 further suggested that buffer zones between natural areas and sunounding degraded and disturbed areas could be used to increase the suitability of some vireo habitat. It appears that vireos nesting in areas containing a high proportion of degraded habitat have lower productivity (e.g., hatching success) than those in areas of high quality riparian woodland (Pike and Hays 1992). Additionally, widespread habitat losses have fragmented most remaining populations into small, disjunct widely dispersed subpopulations (Franzreb 1989). As much as 90 percent of the original extent of riparian woodland in Califomia has been eliminated, and most of the remaining 10 percent is in a degraded condition (Smith 1977, Dahl 1990). Oberbauer (1990) reported a 61 percent loss of riparian habitat for San Diego County. Habitat fragmentation negatively affects abundance and distiibution of neottopical migratory songbirds, in part by increasing incidence of nest predation and parasitism (Small and Hunter 1988, Yahner and DeLong 1992). Management programs aimed at reducing numbers of cowbirds have been considered very successful at maintaining some local populations (Small 1994). ENVIRONMENTAL BASELINE Regulations implementing tiie Act (50 CFR §402.02) define tiie environmental baseline as tiie past and present impacts of all Federal, State, or private actions and other human activities in tfie action area. Also included in the environmental baseline are the anticipated impacts of all proposed Federal projects in tiie action area tiiat have undergone section 7 consultation, and tiie impacts of State and private actions which are contemporaneous witii tiie consultation in progress. The proposed project area is witiiin the planning area for MHCP: a subregional plan that will address north coastal San Diego County under tiie NCCP program. Furtiiermore, tiiis area is within the planning area of tiie City's draft HMP (City of Carlsbad 1994), which is a subarea plan under tiie IvfflCP. The HMP was used as a guideline in formulation of biological resource conservation measures, core and linkage areas, and open space boundaries associated witfi tfiis and other large development projects in Carlsbad. Land to the north of Calavera Hills Phase H is cunentiy covered primarily in residential development built as part of Calavera Hills Phase I. Further to the north is tiie city of Oceanside. Corridors of native vegetation (ranging in width between 550 and 75 feet) extend tfirough tfiis residential area, connecting witii undeveloped land immediately soutii of state route 78, tfiat cunentiy consist of native and non-native vegetation, occupied by gnatcatchers. Lands to the west, between the Pacific Ocean and Calavera Hills are entirely covered in residential development Immediately to the south of Calavera Hills is Robertson Ranch. Robertson Ranch is cunently fanned, but the eastem portion of the ranch is expected to be converted to residential development within 5 years, and the westem portion within 10 yearsj(Brian Milich, Marie McGuire, pers. comm.). The eastem portion of the project site consists of the Calavera Nature Preserve:' an area set aside to compensate for impacts of the Calavera Hills development. Native vegetation, ranging in width from about 100 feet to about 500 feet, extends about 1,200 feet east of tiie eastem border of the Calavera Nature Preserve, before it is sunounded by residential development Otherwise, lands to tiie east of tiie master plan area are covered with residential and commercial development of various densities, throughout the City of Vista. Colonel Richard G. Thompson (FWS-SDG-1597.5) 23 The Calavera Hills site is characterized by diverse topography and rocky rolling hills with distant views. Vegetation includes high quality Diegan coastal sage scrab, chaparral and non-native grasslands. The general area is noted for having some of the highest quality coastal sage scrab habitat in the City. The proposed project site occupies a significant portion of the largest contiguous area of undeveloped land in Carlsbad; an area roughly 2.5 miles long and one mile wide, extending southeast from the comer of College Boulevard and Carlsbad Village Drive nearly to Carisbad Raceway, at the proposed intersection of Melrose Drive and Palomar Airport Road. This area encompasses most of Biological Core Areas 3 and 5, and Link C, in the HMP, and is not bisected by any paved roads. This large block of native wildlife habitat and fragments of agricultural land, of which Calavera Hills Phase EE and the associated BTD are a part, supports populations of several federally and State listed species. State Species of Concem, species proposed for coverage under the HMP, and regionally sensitive species. This area supports critical populations of gnatcatchers (City of Carlsbad 1999), and constitutes the only remaining north-south Unkage corridor of native wildlife habitat along the northem border of the cities of Carlsbad and Vista. Proposed impact areas and proposed open space areas on the project site overlap broadly with gnatcatcher critical habitat unit 3 (North San Diego County MHCP). The critical habitat areas on site contain constituent elements of gnatcatcher habitat. Gnatcatcher surveys have been conducted several times over tiie past ten years. Surveys conducted in 1992 and 1995 recorded observations of gnatcatchers in open space north and south of Village H. and four observations within Village K. During surveys conducted from November 2,1999 to January 2,2000, three gnatcatcher territories were observed on-site and an additional territory was mapped immediately off-site. Recent protocol surveys (5 total) for the gnatcatcher have been conducted on tiie Calavera Phase n area in January and late Febraary 2002. During these surveys a total of six pair of gnatcatchers were observed within the Phase H development area and adjacent open space areas. The locations of these pairs were; one pair witiiin Village K open space, one pair on the southem edge of the development area of Village K, one pair in the open space east of Village U, one pair witfiin the Village R open space, and two pair within the development area of Villages W and X. In addition, on March 7,2002, Service personnel observed an additional gnatcatcher on the southem end of the development area of Village U. Spatial relationship between this observation and mapped survey observations suggest that ttiis observation represents an additional pair. It is reasonable to assume that the project site functions as a wildlife corridor. While it is difficult to determine the degree to which wildlife use the corridor witiiout conducting marking studies, there is evidence that coyotes use the corridor. On December 18,2001, a discarded watermelon, with numerous tooth marks suggesting consumption by-ioyotes, was found at tiie Carlsbad Recreation Center at the intersection of Carlsbad Village Drive and Tamarack Avenue. On the same date, reddish coyote scat containing watermelon seeds was found at several locations within the open space corridor, as far south as proposed Village X. Coyote tracks are routinely seen in tiie corridor, and bobcat tracks have been positively identified (Oriowski, pers. comm.). Colonel Richard G. Thompson (FWS-SDG-1597.5) 24 The riparian habitat proposed for impact by the BTD is part of a strip of riparian vegetation along Calavera Creek, approximately 100 feet wide, extending approximately 4,200 feet to the north from the northeast comer of the Rancho Carisbad Mobile Home Park. This riparian vegetation consists primarily of an overstory of western sycamore (Platanus racemosa) with an understory of mulefat (Baccharis salicifolia). However, the southem end of this riparian strip includes a significant component of willow, which is the typical overstory tree of vireo habitat. This area including the willow has more dense vegetation from approximately 2-10 feet above tiie ground, than does tiie sycamore-dominated riparian vegetation to the north. Franzreb (1989) considered a dense vegetation layer at this level to be the most critical sttnctural component to least Bell's vireo breeding habitat The proposed intersection of College Boulevard and Cannon Road is situated within tiie south end of tiiis riparian stiip, in tiie area witfi significant willows. Vireo surveys were conducted according to Service guidelines between April 27 and July 14,2000. One pair of vireos, detected at tfie site of tfie proposed intersection of College Boulevard and Cannon Road, persisted at that location through the breeding season and nested successfiilly. An additional vireo was detected once, north of tiie territory of tiie paired birds. EFFECTS OF THE ACTION Effects of tiie action refer to tiie direct and indirect effects of an action on tfie species or critical habitat together witii tfie effects of otfier activities that are intenelated and interdependent witfi that action, that will be added to tiie environmental baseline. Interrelated actions are tiiose tiiat are part of a larger action and depend on the larger action for their justification. Interdependent actions are those that have no independent utility apart from the action under consideration. Indirect effects are those tiiat are caused by tiie proposed action and are later in time, but arc still reasonably certain to occur. Direct effects The proposed project will result in the loss of 91.2 acres of Diegan coastal sage scrab (80.8 acres from Phase H , and 10.4 acres witiiin the BTD, 36.4 percent of the coastal sage scrab on-site), 29 5 acres of other habitat types (27.5 acres of chaparral, and 2.0 acres of non-native grassland) tiiat may be used by gnatcatchers, and 2.5 acres of potential vireo habitat (1.9 acres of riparian woodland, and 0.6 acre of riparian scrab). The gnatcatcher found during surveys conducted in November 1999 to January 2000 beside El Camino Real, at tiie proposed intersection witfi College Boulevard, is likely to have been already impacted by the portion of El Camino Real and College Boulevard tiiat has already been completed for the Tenaces at Sunny Creek project The gnatcatchers found in areas that will be cleared for development will be directiy impacted and may be killed or injured. Because habitat clearing will occur in the non-breeding season, no direct intenuption of reproduction is expected. Gnatcatchers found on the Phase H site are mapped in areas that are not proposed for direct impact However, the extent of their use areas is not reflected on tiie map included in the Biological Technical Report (Recon 2001), because tiie map represents gnatcatcher tenitories as points, rather than polygons. The extent to which tiie birds' use areas overiap the area proposed for impact is not known. Therefore an unknown portion of these tenitories may also be directly impacted, and this impact may kill the gnatcatchers or cause tiiem to relocate. Gnatcatchers displaced from tiie Calavera Hills impact Colonel Richard G. Thompson (FWS-SDG-1597.5) 25 area by habitat destraction- and gnatcatchers already occupying areas to which displaced gnatcatchers may emigrate— may have depressed lifetime reproductive success due to disraptive effects of overcrowding in response to habitat loss. Atwood et al. (1998a) observed elevated populations of gnatcatchers in intact habitat adjacent to recently destroyed habitat. Their observations suggest that some gnatcatchers relocated to adjacent habitat upon destraction of the habitat they occupied. However, elevated gnatcatcher populations in habitat adjacent to impacted habitats persisted for only one breeding season, after which populations in refugia declined. Hagan et al. (1996) hypothesized tiiat such influxes of immigrants resulting from adjacent habitat loss may increase territorial interactions such that reproductive success is temporarily reduced. Because gnatcatchers have a lifetime breeding expectancy of only one to two years (Atwood et al. 1998b, Bontrager unpubl. data), such effects could have important ramifications for dynamics of local populations. Survival and reproductive success of displaced gnatcatchers would probably be affected by the density of gnatcatchers in the intact habitat Density of gnatcatcher occupation of potential habitat adjacent to Calavera Hills is unknown. A portion of the proposed project lies within designated critical habitat for the gnatcatcher. Direct impacts to gnatcatcher critical habitat total 84.6 acres, consisting of 65.4 acres of Diegan coastal sage scrab and 19.2 acres of chapanal. Though sage scrab is the gnatcatcher's preferred habitat and is a primary constituent element of critical habitat, chaparral is also considered to be a constituent element of gnatcatcher critical habitat where it occurs near sage scrab and where gnatcatchers may use it for dispersal and foraging, or if it could provide connectivity or linkage between or within larger core areas, including open space and disturbed areas that may receive only periodic use. A number of ephemeral drainages which have been identified as "waters of the U.S." are located within the open space areas of Calavera Hills Phase n. However, the upstream ends of several of these 'Svaters" are located within area proposed for the development described above, and will be impacted. The project will result in the direct elimination of the territory of the pair of vireos at the proposed intersection of College Boulevard and Cannon Road. Reaction of vireos to destmction of tiieir habitat is not well understood. Because habitat removal will be limited to the non- breeding season, migratory vireos are unlikely to be present to be directiy killed. Upon retum to breeding territories from their winter range, vireos may select new territories in nearby suitable habitat Suitable vireo nesting habitat occurs approximately 1.5 miles from the site (at the inlet of Lake Calavera) and 0.6 mile from the site (near the intersection of Cannon Road and El Camino Real). Conversely, vireos may attempt to remain on a territory that they have established, even after habitat destmction. The related white-eyed vireo (Vireo griseus) has been observed remaining on-territory after habitat destraction, perching on remnantsticks and rnachinery, exhibiting tenitorial behavior (Hopp, pers. comm.). This individual did not nest successfully in the year following the loss of his territory, but persisted in occupying suboptimal habitat. Least Bell's vireos may exhibit similar behavior. Colonel Richard G. Thompson (FWS-SDG-1597.5) 26 Indirect effects Another significant effect of Calavera Hills development on gnatcatcher populations is habitat fragmentation, which tends to disrapt various ecosystem processes within the remaining habitat. Habitat fragmentation negatively affects abundance and distribution of songbirds, m part by increasing incidence of nest predation and parasitism (Whitcomb et al. 1981, Small and Hunter 1988) and by decreasing probability of recolonization of vacant habitat after local extirpation (Crooks et al in press). Recolonization of vacant habitat occurs through natal dispersal (i.e., gnatcatchers in tiieir first year, leaving their natal tenitory to establish tenitones elsewhere). Thus gnatcatchers dispersing from areas north of Calavera Hills may recolomze vacant habitat soutii' of Calavera Hills, or vice versa. The principle of interaction of local populations of gnatcatchers through natal dispersal underiies the Service's rationale for our definition oftfie action area in this biological opinion. The impact of fragmentation on gnatcatchers should be analyzed with respect to otiier proposed and existing preserves in Carlsbad. "Core Area 3 Preserve Planning Area" in tiie Draft Habitet Management Plan for tfie City of Carlsbad, is intended to provide a relatively secure source population of gnatcatchers. tiiat may disperse via links A, B. and C to Core Areas 2.4,5 and beyond. To an unquantified extent, constiuction of tiie BTD and tfie residential stteets of C^avera Hills, and increased auto traffic in the area associated witii tiie addition of 781 homes, will increase the risk of ttaffic-related mortality of wildlife, including gnatcatchers, attempting to move within Core Area 3 and Unks A and B. Connectivity between habitat reserve areas is essential for long tenn maintenance oftiie viability of tiie wide range of species in tfiis biological community, including the gnatcatcher. Movement conidors between isolated patches of gnatcatcher habitat (i.e., tfie remaimng patches of gnatcatcher habitat in coastal cities of San Diego County) serve to (1) allow exchange of genetic material between separate populations, (2) allow recolonization of habitat patches from which gnatcatchers have been extirpated, and (3) allow relatively safe ttavel for gnatcatchers moving from one area to another (whetiier in natal dispersal or otiier movements). Nanowmg of conidors intended for movement of gnatcatchers is thought to reduce tiie function and value of those conidors. Nanow conidors are more difficult for a dispersing animal to find. Comdors that are occupied by conspecifics may be difficult for dispersing gnatcatchers to ti-averse. due to aggression from occupying gnatcatchers. A nanower conidor is easier for a temtonal bird to defend against inttusion, and thus more difficult for a dispersing bird to traverse. Nanow conidors have a higher edge/area ratio, making the habitat within the conidor more subject to deleterious edge effects (i.e., human disturbance, noise, house cats, exotic plants, dumpin^etc.). The proposed project site includes a conidor of native habitat identified as Link A in the HMP. This conidor rans roughly north and south, connecting Core Areas 2.and 3, and in a larger context connects aU of the gnatcatcher habitat within the City of Carlsbad south of this pomt witii tiie "stepping stone" conidor of gnatcatcher habitat patches extending through Oceanside to core populations of gnatcatchers on Camp Pendleton. The area west of Link A is developed, all the way to the Pacific Ocean, approximately 3 miles (4.8 kilometers), offering no conidors of native habitat for north-soutii movement of gnatcatchers. East of Unk A, no significant north- south conidors of native vegetation remain between Unk A and the east side of Vista, about 5.5 Colonel Richard G. Thompson (FWS-SDG-1597.5) 27 miles (9 kilometers) east of Link A, nearly to Interstate 15. Thus, Link A is a regionally significant corridor, the only significant north-south corridor of native vegetation at this latitude within approximately 8 to 8.5 miles (12.8 - 14 kilometers) of the coast, connecting core populations of gnatcatchers in the MHCP'core area (the area of unincorporated San Diego County east of Carlsbad, north of Encinitas, and south of San Marcos) to core populations on Camp Pendleton. The proposed project would substantially nanow a portion of Unk A that is cunentiy about 1,350 feet wide to a width of about 450 feet. The degree to which this additional constriction would reduce the function and value of the wildlife corridor for gnatcatcher movement is not known. Unkages that support resident populations of animals are more likely to function effectively as long-distance dispersal conduits for those species (Bennett 1990). Assuming that an occupying gnatcatcher uses a rectangular home range twice as long as wide (Harrison 1992) . a suitable long-distance corridor for gnatcatchers would need to be 110-300 meters (328-984 feet) wide, depending on local habitat quality: However, edge effects would necessitate wider corridors. For example, if cowbird parasitism extends 200 meters (656 feet) into a conidori as it does in Wisconsin forests (Brittingham and Temple 1983), then a linkage with successfully breeding pairs of gnatcatchers would need to be 510-700 meters (1,673-2.296 feet) wide. Movements of suburban house cats routinely extend over 250 meters (820 feet) into adjacent wildlife habitat (Barratt 1997), and presence of house cats is expected to decrease probability of gnatcatcher population persistence. It is expected that a narrower corridor would no longer provide live-in gnatcatcher habitat just transitory habitat (Noss 1992). The nanowing of existing corridors of native habitat, in conjunction with increased human density and auto traffic, may be a significant impediments to movement of coyotes and bobcats. Coyote and bobcat prey includes smaller animals that depredate gnatcatchers and their nests. Absence of coyotes and bobcats may thus result in local extirpation of gnatcatchers (Crooks and So\il6 1999). The presence of a full complement of resident species is important to the health and viability of a naturally functioning ecosystem. Connectivity between proposed and existing preserve units must be provided through wildlife crossings. The proposed wildlife undercrossing beneath College Boulevard may offset to some extent the degradation in long-term viability of the on-site preservation areas as gnatcatcher habitat, caused by the development of Calavera Hills. Several indirect impacts are associated with constraction and occupancy of Calavera Hills, and have the potential to cause significant adverse affects to the vireos and gnatcatchers within the action area. Some of these indirect effects are addressed in the proposed conservation measures. These indirect impacts include night lighting. Except during emergencies, constraction will only occur during daylight hours, eliminating the need for night lighting during road constraction. Constraction is expected to increase noise in gnatcatcher habitat. Noise monitoring and abatement measures will be in place, to minimize effects of constraction noise on gnatcatchers. The project is expected to facilitate human access to sensitive habitat, but risk of human disturbance will be reduced by clear demarcation of areas to be impacted and areas to be preserved. Project personnel will be briefed on the sensitive natural resources in the area and the measures they must take to conserve them. Human activity in the project area may result in Colonel Richard G. Thompson (FWS-SDG-1597.5) 28 accumulation of trash and food, atttacting predators that may prey on gnatcatchers. Efforts will be made to keep the constraction site free of trash or food that may attract predators. The Calavera Hills development and BTD may also result in increased potential for vehicle-related mortality to gnatcatchers, changes in fire frequency (e.g., suppression/fuel modification), and invasion of the area by exotic flora and fauna. Impacts to gnatcatchers affected by project development may affect gnatcatchers well outside of the immediate vicinity of the project through competition with displaced birds, reduced mate availability, and reduced genetic diversity. The distance from the project at which gnatcatchers outside the project footprint may be affected by effects to gnatcatchers within or near tiie project footprint depends on the dispersal distance (primarily natal dispersal) of gnatcatchers. Mock and Bolger (1992) observed gnatcatcher natal dispersal distances in westem San Diego County of up to 9 kilometers; however, their data suggests tiiat over 90 percent of gnatcatchers disperse witiiin 5.5 kilometers of their natal territory. This is probably a conservative estimate of gnatcatcher dispersal capability, because dispersing gnatcatchers are more likely to escape detection fartiier from the natal tenitory. Conversely, birds tiiat disperse shorter distances are more likely to be observed, resulting in a bias toward observed dispersal distances that are shorter than average. For purposes of defining tfie action area, the Service estimates tfiat impacts to gnatcatchers in the area of impact of Calavera HiUs may affect mate availabiUty, territory availability, and exchange of genetic material witii gnatcatchers up to 5.5 kilometers from the edge of the impact area. The preservation of 87.3 acres of existing coastal sage scrab and revegetation of 2.4 acres witfi coastal sage scrab on-site, the preservation of 35.6 acres of coastal sage scrab in the adjacent Calavera Nature Preserve, and the off-site preservation of 51.3 acres of coastal sage scmb habitat is expected to increase likelihood of gnatcatcher population persistence by precluding up to 176.6 acres of potential future habitat loss. Active management (i.e., conttol of off-road vehicles, exotic vegetation removal, ti^h removal, access conttol, fire management, etc.) of these preserved areas is expected to reduce indirect impacts exaceri)ated by sunounding development, and to improve gnatcatcher habitat quality within these areas, which are already subject to deleterious indirect effects. The 125.3 acres of on-site and adjacent areas to be preserved and actively managed to conserve and improve their function and value as gnatcatcher habitat all lie within critical habitat for the gnatcatcher. CUMULATIVE EFFECTS Cumulative effects are those impacts of future non-Federal (State, local govemment, or private) activities on endangered or threatened species or critical habitat tiiat are reasonably certain to occur during the course of the Federal activity subject to consultation. Future Federal actions are subject to the consultation fequirements established in section 7 of tiie Act, and, therefore, are not considered cumulative in the proposed project. We anticipate that a wide range of activities will be determined to affect tiie gnatcatcher. Such activities include, but are not limited to urijan development, flood contixil, highway, and utility projects; as well as conversion or degradation of habitat resulting from agricultural and grazing use. The future MHCP Subarea Plan for tfie City is subject to consultation under section 7 of the Colonel Richard G. Thompson (FWS-SDG-1597.5) 29 Act. Therefore any projects potentially affecting the gnatcatcher and vireo would thus have a federal nexus and be subject to section 7 of the Act, and cumulative effects of such projects would not be considered under this consultation. Should this process not result in the Service's issuance of a 10(a)(1)(b) permit future land development projects in the City would continue to be regulated in accordance with NCCP guidelines and the 4(d) special mle, or through an incidental take pennit pursuant to section 10(a)(1)(b) of tiie Act (which, as it is permitted by a federal agency, is subject to consultation under section 7 of the Act and is not considered a cumulative effect). Future projects that impact wetlands would require permits from the Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, tiierefore these would constitute federal actions that would not be considered as contributing to cumulative effects. Unauthorized grading and filling of habitat would continue to affect the long-term viability of these species in a regional context In recent years, there have been several incidents of illegal grading of habitat within the City of Carlsbad and adjacent lands within adjacent cities and unincorporated areas of the County of San Diego. Illegal grading is expected to continue to occur, affecting the multiple species planning efforts in the area. CONCLUSION After reviewing the current status of the gnatcatcher. its critical habitat and the vireo, the environmental baseline for the action area, the effects of the proposed Calavera Hills development, BTD, and the detention basins, and the cumulative effects, it is the Service's biological opinion that the project, as proposed, is not likely to jeopardize the continued existence of tfie gnatcatcher or the vireo, and is not likely to desttoy or adversely modify designated critical habitat for the gnatcatcher. The Service reached this conclusion for the following reasons: 1. Impacts to the gnatcatcher through the direct loss of approximately 91.2 acres of coastal sage scrab (some of which is occupied by gnatcatchers) will be adequately offset through implementation of the conservation measures, as described in the project description: a. the on-site preservation and management of approximately 87.3 acres of coastal sage scrab b. the preservation and management of approximately 35.6 acres of coastal sage scrab on the adjacent Calavera Nature Preserve c. the preservation and management of 51.3 acres of coastal sage scmb off-site These measures are intended to maintain a population of gnatcatchers and other sage scrab dependent species through the preservation and management of moderate-sized blocks of sage scrab that will be conserved and managed in perpetuity. Colonel Richard G. Thompson (FWS-SDG-1597.5) 30 2. The number of gnatcatchers expected to be affected by the project is not expected to have a significant effect on the species' overall numbers, distribution, or reproductive potential. This number is a small proportion of the total and regional populations. * » 3. Impacts to the vireo through the direct loss of 2.72 acres of riparian habitat will be adequately offset through implementation of the conservation measures, as described in the project description: a. the on-site creation and management of 10.7 acres of southem willow scrab on Calavera and Littie Encinas Creeks, as described in the Habitat Restoration and Monitoring Plan for the City of Carlsbad Bridge and Thoroughfare Disttict No. 4, tiie Calavera Hills Project, and the Detention Basins Project in Carlsbad, Califomia (Recon, January 10,2002). 4. The number of vireos expected to be affected by the project is not expected to have a significant effect on the species' overall numbers, distiibution, or reproductive potential. This number is a small proportion of tiie total and regional populations. 5. The anticipated level of impact will not preclude the design and implementation of a habitat preserve system in tiie City of Carlsbad, and will provide for corridors linking HMP core areas 2 and 3, thus linking Carlsbad's preserve system to tiiat of Oceanside. INCIDENTAL TAKE STATEMENT Section 9 of the Act and Federal regulation pursuant to section 4(d) of tiie Act prohibit tiie take of endangered and tiireatened species, respectively, without special exemption. Take is defined as to harass, hami, pursue, hunt, shoot, wound, kill, tt-ap, capture, collect or to attempt to engage in any such conduct Harai is further defined by the Service to include significant habitat modification or degradation tiiat results in death or injury to listed species by significantiy impairing essential behavior pattems, including breeding, feeding, or sheltering. Harass is defined by tfie Service as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantiy disrapt nonnal behavior pattems which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the canying out of an otiierwise lawful activity. Under tiie temis of section 7(b)(4) and 7(o)(2), taking that is incidental to and not intended as part of the agency action is not considered to be prohibited taking underthe Act provided that such taking is in compliance witii the terms and conditions of this Incidental Take Statement. The measures described below are non-discretionary, and must be undertaken by the Corps so tiiat they become binding conditions of any grant or pennit issued to the applicant, as appropriate, for the exemption in section 7(o)(2) to apply. The exemption in section 7(o)(2) for incidental take is only granted to the applicant once thc Corps issues a final permit for tiie project, pursuant to section 404 of the Clean Water Act. The Corps has a continuing duty to Colonel Richard G. Thompson (FWS-SDG-1597.5) 31 regulate the activity that is covered by this incidental take statement. If the Corps (1) fails to assume and implement the terms and conditions or (2) fails to require the applicant to adhere to the terms and conditions of this incidental take statement through enforceable terms that are added to the permit or grant document, the protective coverage of section 7(o)(2) may lapse. In order to monitor the impact of incidental take, the Corps or the applicant must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement. [50 CFR §402.14(i)(3)] AMOUNT OR EXTENT OF TAKE The Service anticipates three pair of gnatcatchers could be taken as a result of this proposed action. The take may be in the form of harm and harassment as a result of the permanent removal of 91.2 acres of coastal sage scrab and 27.5 acres of chapanal, and disturbances to the remaining 87.3 acres of coastal sage scrab and 63.9 acres of chaparral due to adjacent project constraction and subsequent occupation of the homes. The Service anticipates one pair of vireos could be taken as a result of this proposed action. The take may be in the form of harm and harassment during project constraction or operation activities, as a result of the removal of 2.72 acres of riparian scrab and riparian woodland, which is used by the on-site pair of vireos. The Rsh and Wildlife Service will not refer the incidental take of any migratory bird or bald eagle for prosecution under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. §§ 668-668d). if such take is in compliance with the terms and conditions (including amount and/or number) specified herein. REASONABLE AND PRUDENT MEASURES The Service believes the following reasonable and pradent measures are necessary and appropriate to minimize take of gnatcatchers and vireos: 1. Take of gnatcatchers and vireos. through harm or harassment, shall be minimized to the extent possible by implementation of best management practices. 2. Unavoidable project impacts shall be offset by the implementation of the Conservation Measures as described in the project description. TERMS AND CONDITIONS In order to be exempt from the prohibitions of section 9 of the Act, the Corps and the project proponent must comply with the following terms and conditions, which implement the reasonable and pmdent measures described above and outiine required reporting/monitoring requirements. These terms and conditions are non-discretionary. Colonel Richard G. Thompson (FWS-SDG-1597.5) 32 1 The Corps and the project proponent shall implement reasonable and pmdent measure 1 through the following terms and conditions: a. The Service hereby incorporates by reference the Conservation Measures 4-13 identified in the "Project Description" of this biological opinion into this Incidental Take Statement as terms and conditions. b. No clearing or grabbing activity in coastal sage scrab or southem mixed chapanal shall occur between Febraary 15 to August 31 to avoid impacts to nesting gnatcatchers. A deviation from this schedule to initiate work in August prior to August 31.2002, would require coordination with, and approval by, the Service after the applicant has demonstrated tiiat all gnatcatchers have completed nesting and all young have fledged and dispersed. c. If constinction will occur witiiin 500 feet of occupied gnatcatcher habitat (considered by tiie Service to be all coastal sage scrab and chaparral on-site) between Febraary 15 and August 31, pre-consttuction surveys shall be conducted in tiie adjacent habitat to determine tiie location of tiie nesting birds. During consttuction, no activity will occur witiiin 500 feet of active nests of the gnatcatcher, unless measures are implemented to minimize tiie noise and disturijance to those adjacent birds. These measures shall include sound walls that ensure tiiat the hourly L,, sound levels reaching gnatcatcher habitat areas do not exceed tfie 60 dBA L^ tfireshold. d. Treatment of ranoff from tiie project site, refened to in Conservation Measure 5 shall be approved by the Regional Water Quality Control Board, as addressed in Tentative Order No. R9-2002-^14: Waste Discharge Requirements and Section 401 Water Quality Certification for Calavera Hills n, LLC and City of Carlsbad Calavera Hills Master Plan Phase H and Bridge and Thoroughfare Disttict No. 4 and Detention Basins, San Diego County. 2. The Corps and the project proponent shall implement reasonable and pradent measure 2 through the following terms and conditions: a. The Service hereby incorporates by reference the Conservation Measures 1-3 identified in the "Project Description" of this biological opinion into tiiis Incidental Take Statement as terms and conditions. The project proponent shall ensure that long-tenn management of the on-site preserved habitat areas will occur through the establishment of an endowment account. The amount oftiie endowment will be determined in consultation with tfie Service, after preparation of a Property Analysis Record (PAR) to detemiine management costs and amount of endowment necessary to supply sufficient management funds. Within three montiis of the acquisition of off- Colonel Richard G. Thompson (FWS-SDG-1597.5) 33 site preservation parcels, a draft management plan shall be developed in coordination with the Service. The plan shall be finalized and implemented within six months. A conservation organization mutually acceptable to the Service and the Corps shall manage the preserved habitat areas in accordance with the management plan. If the off-site preservation parcel or parcels acquired are part of an established conservation bank with a Service-approved management plan implemented, the requirement for establishment of a separate management endowment and plan may be waived. c. A report summarizing how the project is in compliance with the reasonable and pradent measures and the terms and conditions of this biological opinion shall be submitted to the Service monthly during the grading phase of constmction, and annually for the duration of constraction of the project, to demonstrate that the conservation measures and Terms and Conditions have been achieved. The Service's Carlsbad Office is to be notified within three working days should any endangered or threatened species be found dead or injured during this project Notification must include the date, time, and location of the carcass, and any other pertinent information. Dead animals may be marked in an appropriate manner, photographed, and left on-site. Injured animals should be transported to a qualified veterinarian. Should any treated animals survive, the Service should be contacted regarding the final disposition of the animals. The Service contact person is John Martin and may be contacted at the letterhead address or at (760) 431-9440. The Service retains the right to access and inspect the project site for compliance with the proposed project description and with the terms and conditions of this biological opinion. Any habitat desttoyed that is not in the identified project footprint should be disclosed immediately to the Service for possible reinitiation of consultation. Compensation for such habitat loss will be requested at a minimum ratio of 5:1. The Service believes that no more than two pair of gnatcatchers and one pair of vireos will be incidentally taken as a result of the proposed action. The reasonable and pradent measures, with their implementing terms and conditions, are designed to minimize the impact of incidental take that might otherwise result from the proposed action. If, during the course of the action, this level of incidental take is exceeded, such incidental take represents new information requiring reinitiation of consultation and review of the reasonable and pradent measures provided. The Federal agency must immediately provide an explanation of the causes of the taking and review with the Service the need for possible modification of the reasonable and pradent measures. CONSERVATION RECOMMENDATIONS Section 7(a)(1) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to Colonel Richard G. Thompson (FWS-SDG-1597.5) 34 minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans or to develop information. 1. The Service recommends tiiat -riparian habitat creation/restoration described in conservation measure number 1 be completed prior to project-related loss of willow scmb, to avoid temporal loss of riparian habitat. In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or benefitting listed species or their habitats, the Service requests notification of tiie implementation of any conservation recommendations. REINITIATION NOTICE This concludes formal consultation on tiie development of Calavera Hills Phase n, the BTD, and Detention Basins, as outiined in the request for initiation. As provided in 50 CFR §402.16. reinitiation of formal consultation is required where discretionary Federal agency involvement or conttol over tiie action has been retained (or is authorized by law) and if (1) tiie amount or extent of incidental take is exceeded; (2) new infonnation reveals effects of tiie agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequentiy modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion; or (4) a new species is Usted or critical habitat designated that may be affected by tiie action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation. If you have any questions or concems about tiiis biological opinion, please contact John Martin of my staff at (760) 431-9440. Sincerely, Nancy Gilbert Assistant Field Supervisor Colonel Richard G.Thompson (FWS-SDG-1597.5) 35 LITERATURE CITED American Ornithologists' Union. 1998. Checklist of North American Birds, Seventh Edition. American Omithologists' Union, Washington, D.C. 829 pages. Atwood, J. L. 1980. The United States distribution of the Califomia black-tailed gnatcatcher. Westem Birds 11: 65-78. . 1988. Speciation and geographic variation in black-tailed gnatcatchers. Ornithological Monographs No. 42. . 1990. Status review of the Califomia gnatcatcher (Polioptila califomica). Manomet Bird Observatory, Manomet Mass. . 1991. Subspecies Umits and geographic pattems of morphological variation in Califomia gnatcatchers (Polioptila califomica). BuUetin Southem Califomia Academy of Sciences 90:118-133. Atwood, J. L.. and J. S. Bolsinger. 1992. Elevational distribution of Califomia gnatcatchers in tfie United States. J. Field Omithology 63: 159-168. Bailey, E . A. And P. J. Mock. 1998. Dispersal Capability of the Califomia gnatcatcher A landscape analysis of distribution data. Westem Birds 29: 351-360. Barbour, M. J., and J. Major, eds. 1977. Terrestrial Vegetation of Califomia (2nd ed.). John Wiley and Sons. New York. Barlow. J. 1962. Natural History of the Bell Vireo, Vireo bellii Audubon. Univ. of Kansas Publ. Mus. of Nat Hist 12 (5): 241-296. Barratt, D. G. 1997. Home range size, habitat utilisation and movement pattems of suburban and farm cats Felis catus. Ecography 20:271-280. Bennett, A. F. 1990. Habitat Corridors: Their role in Wildlife Management and Conservation. Arthur Rylah Institute for Environmental Research, Department of Conservation and Environment, Melboume, Australia. Braden, G. T, R. L. McKeman, and S. M. Powell. 1997. Effects of nest parasitism by tiie brown-headed cowbird on nesting success of the California gnatcatcher. Condor 99: 858-865. Brittingham, M. C, and S. A. Temple. 1983. Have cowbirds caused forest songbirds to decline? Bioscience 33:31-35. Brown, B.T. 1993. Bell's Vireo. In The Birds of North America, No. 34 (A. Poole, P.Stettenheim, Colonel Richard G. Thompson (FWS-SDG-1597.5) 36 and F. Gill, Eds) Philadelphia: The Academy of Natural Sciences; Washington D.C: The American Ornithologists' Union. Burger, J. C, M. A. Patten, J. T. Rotenbei^, and R. A. Redak. 1999. Foraging ecology of the Califomia gnatcatcher deduced from fecal samples. Oecologia (Beriin) 120: 304-310. Campbell, K., R. Erickson, W. Haas and M. Patten. 1998. Califomia Gnatcatcher Use of Habitats other than Coastal Sage Scrab: Conservation and Management hnplicattons. Westem Birds 29:421-433. City of Carlsbad. 1999. Habitat Management Plan for Natural Communities in tfie City of Carlsbad. Carlsbad, California. 225 pp. Collins C T L.R. Hays, M. Wheeler, and D. Willick. 1992. The Stams and Management of tfie 'Least'Bell's Vireo within tfie Prado Basin, Califomia, 1986-1990. Final Report to Orange County Water Disttict Founttdn Valley, CA. Crooks, K. R., and M. E. Sould. 1999. Mesopredator release and avifaunal extinctions in a fragmented system. Nature 400:563-566. Dahl. T.E. 1990. Wetiands losses in the United States 1780's to 1980's. U.S. Department of the Interior, Fish and WildUfe Service, Washington, D.C. 13pp. Dudek and Associates. 2000. Comprehensive species Ust hi: Understanding tiie plants and animals of tiie westem Riverside County MSHCP. [http://ecoregion.ucr.edu/mshcp/index.htmll. Famolaro, P. And J. Newman. 1998. Occunence and management considerations of Califomia gnatcatchers along San Diego County highways. Westem Birds 29:447^52. Franzreb, K.E. 1989. Ecology and Conservation of tiie Endangered Least BeU"s Vireo. Biological Report 89(1), U.S. Dept. of the Interior, USFWS, Sacramento, CA. Gaines, D. 1977. Birds of tiie Yosemite Sierra. Califomia Syllabus, Oakland. 153 pp. Galvin, J. P. 1998. Breeding and dispersal biology of the Califomia gnatcatcher in Centtal Orange County. Westem Birds 29: 323-332. GanettK. andJ. Dunn. 1981. Birds of southem CaUfomia: status.and distribiition. Los Angeles Audubon Society; 408pp. Goldwasser S 1978. Distiibution, reproductive success, and impact of nest parasitism by Brown-headed Cowbirds on least Bell's vireos. State of Califomia, the Resources Agency; Califomia Department of Fish and Game, Sacramento. Fed. Aid Wildl. Rest W-54-R-10; Nongame Wildl. Prog. Job W 1.5.1; Final (unpublished) Report. Colonel Richard G. Thompson (FWS-SDG-1597.5) 37 ,, D. Gaines, and S. Wilbur. 1980. The least Bell's vireo in Califomia: a de facto endangered race. American Birds 34: 742-745. *» ., and J. Greaves. 1984. The Riparian Forest as Habitat for the Least Bell's Vireo. Pp. In R. Wamer and K. Hendrix, eds. Califomia Riparian Systems: Ecology, Conservation, and Productive Management. University of CaUfomia Press, Davis CA. Greaves, J. 1987. Least Bell's vireos at the Gibraltar Reservoir in Santa Barbara County, CaUfomia in 1987. Unpublished report prepared for the Office of Endangered Species, U. S. Fish and Wildlife Service, U. S. Forest Service, and the Califomia Department of Fish and Game. Greaves. J. 1989. USDA Forest Service Technical Report PS W-l 10. Pp 293-298. Greaves. J. and M.V, Gray. 1991. The least Bell's vireo population in the Gibraltar Reservoir area during 1991. Prepared for the City of Santa Barbara, CA and Los Padres National Forest, Goleta. CA. Grinnell. J. and A. Miller. 1944. The distribution of the birds of Califomia. Pacific Coast Avifauna Number 27: 1-608. Grishaver, M. A. P. J. Mock, and K. L. Preston. 1998. Breeding behavior of the Califomia gnatcatcher in southwestem San Diego County. Califomia. Westem Birds 29: 299-322. Hamilton. T. 1962. Species relationships and adaptations for sympatry in the avian genus Vireo. Condor 64:40-68. Harrison, R. L. 1992. Toward a theory of inter-refuge corridor design. Conservation Biology 6:293-295. Hensley, M. 1950. Notes on the breeding behavior of the Bell's vireo. Auk 67:243-244. Kirkpatrick, J., and C. Hutchinson. 1977. The community composition of Califomia coastal sage scrab. Vegetatio 35:21-33. Kus, B. E. 1998. Use of restored riparian habitat by the endangered least Bell's vireo (Vireo bellii pusillus). Restoration Ecology 6: 75-82. Kus, B. E.. and K. Minor. 1987. Foraging behaviour of the least Bell's vireo: use of riparian and non-riparian habitats. Unpublished report, San Diego State University. Mock, P.J., B. L. Jones, and J. Konecny. 1990. Califomia Gnatcatcher Survey Guidelines. ERC Environmental and Energy Services Co. Colonel Richard G. Thompson (FWS-SDG-1597.5) 38 Mock P J and D. Bolger. 1992. Ecology of the Califomia Gnatcatcher at Rancho San Diego. ' Technical appendix to the Rancho San Diego Habitat Conservatton Plan. Prepared by Ogden Environmental and Energy Services for Home Capital Development Corporatton (available from Wilson Omithological Society, Museum of Zoology, Univ. Mich., Ann Arbor, Mich. 48109-1097). Nolan, V. 1960. Breeding behavior of the Bell Vireo in southem Indiana. Condor 62:225-244. Noss RF 1993 Connectivity as a component of conservation strategy for coastal sage scmb. ' /n P F Broussard, M. S. Gilpin, D. D. Murphy, R. F Noss, and J. F. O'leary (eds.). Soutiiem Califomia Coastal Sage Scrab Natural Communities Conservatton Plan: Scientific Review Panel Conservation Guidelines and Documentatton. California Department of Fish and Game. Sacramento. Califomia. Oberbauer T A 1990. Areas of vegetation communities in San Diego County. Unpubl. Rep. County of San Diego, Department of Planning and Land Use, San Diego County, Califomia. O'Leary J 1990. Califomian coastal sage scrab: general characteristics and considerations for biological conservation. Pages 24-41 in: Endangered Plant Communities of Southem Califomia, A. Schoenhen (ed.). Soutiiem Califomia Botanists Special Publication Number 3. Patten, M. A. And K.FCampbeU. 1998. Has brood parasitism selected for earlier nesting in ' the Califomia gnatcatcher? Westem Birds 29:290-298. Pike J and L Hays 1992. The status and management of tiie least Bell's vireo within the ' 'prado Basin, Califomia, 1986-1991. Unpublished report, Califomia State University, Long Beach Foundation and U.S. Fish and WildUfe Service, Laguna Niguel, Cahfomia. Pike J L Hays, and R. Zembal. 2001. The least BeU's vireos and southwestem willow ' "flycatchers in Prado Basin of the Santa Ana River watershed, Califomia. Orange County Water District Fountain Valley, Califomia, and U.S. Fish and Wildlife Service, Carlsbad, Califomia. 21 pp. Pitelka, F andE. Koestner. 1942. Breeding behavior of the BeU's Vireo in Illinois. Wilson Bulletin 54:97-106. Preston, K. L., P. J. Mock, M. A. Grishaver, E. A. Bailey, and D. F. King. 1998. Califomia gnatcatcher tenitorial behavior. Westem Birds 29: 242-257. Recon 2001 Revised Biological Technical Report for the Calavera Hills Master Plan, Phase E, Bridge and Thoroughfare District, and Detention Basins, Carisbad, California. Recon No. 3225B, San Diego, Califomia Colonel Richard G. Thompson (FWS-SDG-1597.5) 39 Salata, L. R. 1983a. Status of the least Bell's vireo on Camp Pendleton, Califomia. Report on research done in 1982. U.S. Fish and Wildlife Service Contract Report No. 11100-0145- 82, Laguna Niguel, Califomia. 73pp. • J . 1983b. Status of the least Bell's vireo on Camp Pendleton, Califomia. Report on research done in 1983. U.S. Fish and Wildlife Service Contract Report No. 10181- 9373, Laguna Niguel, Califomia. 73pp. SANDAG. 2001. Multiple Habitat Conservation Program. Public Review Draft Scott, T. A 1993. Initial effects of housing constraction on woodland birds along the wildland urban interface. In Interface between Ecology and Land Development in Califomia. Edited by J. E. Keeley. Soutiiem Califomia Academy of Sciences, Los Angeles. Small, A. 1994. Califomia Birds: Their Status and Disttibution. Ibis Publishing Company: Vista, CA. 342 pp. Small, M.F.. and M.L. Hunter. 1988. Forest fragmentation and avian nest predation in forested landscapes. Oecologia 76:62-64. Smith, F. 1977. A short review of the status of riparian forests in California. Pages 1-2 in A. Sands, ed. Riparian forests in Califomia: their ecology and conservation. Inst. Ecol. Publ. 15. Sockman, K.W. 1997. Variation in life-history traits and nest-site selection affects risk of nest predation in the Califomia gnatcatcher. Auk 114: 324-332. Sockman, K.W. 1998. Nest attendance by male Califomia gnatcatchers. J. Field Omitiiology 69:95-102. Soule, M. E. 1991. Land use planning and wildlife maintenance: guidelines for conserving wildlife in an urban landscape. Joumal of the American Planning Association 57:313- 323. Terres, J. K. 1980. The Audubon Society Encyclopedia of North American Birds. Alfred A. Knopf, New York, New York. 1109pp. Unitt P. 1984. The birds of San Diego County. San Diego Society of Natural History: Memoir 13, San Diego, Califomia. 276pp U.S. Fish and Wildlife Service. 1986. Endangered and threatened wildlife and plants; determination of endangered status for the least Bell's vireo. Final Rule. Federal Register 51: 16474-16482. Colonel Richard G. Thompson (FWS-SDG-1597.5) 40 U.S. Fish and Wildlife Service. 1996. Biological Opinion 1-6-93-FW-37R1 on the Effects of Implementing the 4(d) Special Rule for the Coastal Califomia Gnatcatcher. October 18. Carisbad Fish and Wildlife Field Office, Carisbad, Califomia. . • • i ' I U.S. Fish and Wildlife Service. 1998. Draft Recovery Plan for the Least Bell's Vireo. Fish and Wildlife Service, Portland, Oregon. 139 pp. U.S. Fish and Wildlife Service. 2000. Endangered and threatened wildlife and plants; Final determination of critical habitat for the coastal Califomia gnatcatcher; Final Rule. Federal Register 65: 63680-63743. Weaver, K. L. 1998. Coastal sage scrab variations of San Diego County and their influence on the distribution oftiie Califomia gnatcatcher. Westem Birds 29: 392-405. Westinan, W. 1981a. Diversity relations and succession in Califomia coastal sage scmb. Ecology 62:170-184. 1981b. Factors influencing tiie distribution of species of Califomia coastal sage scrab. Ecology 62:439-455. Yahner, R.H., and C.A. Delong. 1992. Avian predation and parasitism on artificial nests and eggs in two fragmented landscapes. Wilson Bulletin 104:162-168. Zeiner, D. C, W., F. Laudenslayer, Jr., K. E. Mayer, M. White. Editors. 1990. Califomia's Wildlife. Volume 2. Birds. State of Califomia, Departtnent of Fish and Game. Sacramento, Califomia. 731 pp. Zembal. R. 1984. Santa Margarita River Project San Diego County, CaUfomia. Fish and Wildlife Coordination Act Report, United States Fish and Wildlife Service, Laguna Niguel, Califomia. 91pp. plus appendices (267 pp.) K. Kramer, and R. Bransfield. 1985. Survey of Vegetation and Vertebrate Fauna in the'prado Basin and the Santa Ana River Canyon, Califomia. Unpublished report, U.S. Fish and Wildlife Service, Laguna Niguel, Califomia. Zink, R. M., and R. C. Blackwell. 1998. Molecular systematics and biogeography of arid land gnatcatchers (Genus Polioptila) and evidence supporting species status of the Califomia gnatcatcher (Polioptila califomica). Molecular Phylogenetics and Evolution 9: 26-32. REPLY TO ATTENTION OF: Office of ttie Chief Regnlatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS SAN DIEGO FIELD OFFICE 16885 WEST BERNARDO DRIVE, SUITE SOOA SAN DIEGO, CALIFORNIA 92127 May 15,2002 Calavera HiUs H, LLC and Mr. Brian MilUdh 2727 Hoover Avenue National City, CA 91950 City of Carlsbad Mr. David Hauser 1635 Faraday Avenue Carlsbad, CA 92008 Dear Messrs. Milich and Hauser: Endosed you wiU find a signed copy of your Department of the Army Pennit (File # 2001- 00215-RLK). Please retain this copy for your files. Thank you for participating in our regulatory program. If you have any questions, please contact Mr. RusseU L. Kaiser at (213) 452-3293. Sincerely, Mark F. Sudol, D.Env. Chief, Regulatory Branch Enclosures LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY PERMIT Permittee: Calavera HiUs U, LLC and Mr. Brian MilUch 2727 Hoover Avenue National City, CA 91950 200100215-RLK Los Angeles District CityofCarlsbad Mr. David Hauser 1635 Faraday Avenue Carlsbad, C A 92008 Permit Number: Issuing Office: Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future b-ansferee. The term "this office" refers to tiie appropriate distiict or division office of the Corps of Engineers having jurisdiction over tiie pennitted activity or fhe appropriate official acting tmder the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Location: The proposed project is located in the northeast quadrant of the City of Carlsbad in San Diego Coimty, Califomia. Project Description: The project consists of tinree major components: (1) Constmction of up to 781 residential vmits as weU as associated infrastmcture, commvmity faciUties and natiural open space within the Calavera HiUs Master Planned Commtmity; (2) Constinction of fhe extension of CoUege Boulevard from its existing northem terminus within the Calavera Hills Community to its existing southem terminus just northerly of El Camino Real, as weU as the extension of Cannon Road from its existing westem tenninus 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 tiie flood contirol basins are integrated into tiie culverted roadway crossings (Figure 1). Project Authorization: You are autiiorized to discharge fiU in 0.70 acre of waters of tiie United States (U.S.), induding Calavera Creek, Aqua Hedionda Creek, Littie Encinas Creek, and otiier cormected tmnamed tributary waters and/or wetiands to constinct tiie project described above. Of tiie total impacts on waters of tiie U.S., 0.64 acre would be permanent and 0.06 acre would be temporary. Of tiie permanent impacts, 0.28 acre would occur on wetiand waters and 0.36 would occvur on non-wetiand waters of tiie U.S. AU temporary unpacts would occur on non- wetiand waters of ttie U.S. The foUowing table sets fortii tiie specific activities and impacts associated witii the proposed activity and Figure 4 identiuEies tiie waters of the U.S. and the impact areas. T 'RniF.rT TMPACTS ON WATFRS OF THF. U.S. Project Comoonent Ripa Wood rian land Freshwater Marsh Cismor AlkaUlV Ltane larsh TOT Wetland Waters TOTAL Non-Wetland Wateis Perm Temp Perm Temp Perm Temp Perm Temp Perm Temp Calavera Hills Phase n 0.1 0.1 0.2 0.0 Cannon Rd. 0.08 0.08 0.0 0.0 Pnllpcrp Rearh A 0.04 0.05 0.09 0.0.3 0.06 Pnllpvp Reach R 0.0 0.0 TnUpcrp Reach C. 0.0 0.0 College / Cannon Intersect. 0.01 0.01 0.13 0.0 Detention Basinn 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 July 1,2004. If you find that you need more time to complete tiie 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 the terms and conditions of this permit You are not reUeved of this requirement if you abandon tiie permitted activity, although you may make a good faitii tiransfer to a third party in compHance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or shoiild you desire to abandon it without a good faith tiransfer, you must obtain a modification from this permit from this office, which may require restoration of the area. 3. If you discover any previously unknovm historic or archeological remains while accompUshing the activity authorized by tiiis permit, you must immediately notify tiiis office of what you have found. We wiU initiate the Federal and state coordination required to detennine if tiie remains wanant a recovery effort or if tiie site is eUgible for listing in tiie National Register of Historic Places. 4. If you seU the property associated with tiiis permit, you must obtain the signature of the new owner in the space provided and forward a copy of the pennit 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 spedal conditions to this permit 6. You must aUow representatives from tiiis office to inspect tiie authorized activity at any time deemed necessary to ensure that it is being or has been accompUshed with fhe terms and conditions of your permit. Special Conditions: 1.1 Thirty days prior to the discharge of fiU in waters of tiie U.S., including wetiands, tiie Permittee shaU submit for Corps approval a Pre-Construction Operations (CO) Plan. The Pre-CO plan shaU include: 1.1.1 Proposed constmctibn timeUne and sequencing. 1.1.2 Pre-constinction sturveys defining project boundaries witii respect to avoidance of Section 404 Resources (e.g., waters of tiie U.S., biological and cultural). 1.1.3 Site plan delineating boimdaries for staging, fueUng and storage areas. Storage areas shaU include sites for spoU and bonow materials. Staging, fueUng and storage areas shaU not be located witiiin 100 feet of waters of tiie U.S. 1.1.4 Measures to be taken to prevent an unpermitted discharge(s) of fiU into Waters of tiie U.S. may include use of sUt nets, hay bales and otiier Best Management Practices (outside of Waters of tiie U.S.), including use of emergency spUl kits. 1.1.5 Photographs documenting site conditions, induding work Umits and resource exclusion areas. Photographs shaU show demarcated (staked/roped) constinction areas, and exclusion areas, including waters of tiie U.S., cultiiral 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 identiify the biologist's name, address, phone number, email address and experience/credentials. The biologist shaU review, oversee, monitor, and/or inspect: 1.1.5.1.1 Grading and site plans; 1.1.5.1.2 InstaUation of rope to demarcate constmction work and open space areas; 1.1.5.1.3 AU grading, excavation and ground (and non-ground) disturbance activities in (or near) Waters of the U.S., and 1.1.5.1.4 CompUance of avoidance measures for open space areas. 1.1.5.1.5 Furthermore, the Corps approved biologist shaU: 1.1.5.1.5.1 Be empowered to halt constinction and contact Corps, Regulatory Project Manager if he/she beUeves the terms and conditions of the autiiorization are being violated, with non-compUance reported to tiie Corps witiiin one hour of detection; and 1.1.5.1.5.2 Implement and morutor the mitigation program. 115 2 Retain a Corps approved cultural resoiu-ce speciaUst to monitor and inspect aU on-site activities, near CA-SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDl-15069, CA-SDI- 5434, SA-SDI-5436, and Temp 5. The CO Plan shaU identify tiie cultiural resource speciaUst's name, address, phone number, emaU address and experience/credentials. The cultiural resource specialist shaU review, oversee, moiutor, and/or inspect: 115 21 AU activities, investigations, and reporting requirements for Section 106 CompUance 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 witiiin a 100-foot radius of CA-SDI-9092, CA-SDI-9093/9094, CA-SDI-9615, CA-SDI-15069, CA-SDl- 5434, SA-SDI-5436, and Temp 5 except as aUowed in Section 2.4. hi addition, tiie monitor shaU be onsite during aU ground disturbance activities. 1.1.5.2.2 Furthermore, tiie Corps approved cultural resovurce specialist shaU: 1.1.5.2.2.1 Be empowered to halt constinction and contact Corps, Regulatory Project Manager if he/she beUeves the terms and conditions of tiie authorization are being violated, witti non-compliance reported to ttie Corps within one hour of detection; and 1.1.5.2.2.2 Implement and monitor the mitigation program, if wananted. 1.2 The Corps may conduct onsite field investigations prior to and during constinction activities to inspect for compUance with aU conditions listed herein. 2 MifigriHnn Hpquirpmpnt!;: 2.1 The Pennittee 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 tiie anticipated costs of the mitigation and morutoring assodated with tiie project. 2.2.1 The bonding company must appear on tiie Departinent of Treasury Cfrcular 570, Companies Holding Certificates of Autiiority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies. For a current Ust of Treasury-authorized companies, write or caU tiie Surety Bond Branch, Finandal Management Services, Deparbnent of ttie Treasury, Washington D.C. 20227; (202) 874-6850. 2.2.2 The performance bond(s) shaU be conditioned such ttiat if tiie Permittee defaults on tiie mitigation reqmrements stated in tiie special conditions herein, ttie bonding company shaU assume aU responsibiUty for ttie mitigation requfrements of tiiis penrut. 2.2.3 Hie perfonnance bond(s) shaU be released only upon a detennination by tiie Corps tiiat successful mitigation has been completed. 2.2.4 The Pennittee shaU submit a draft bond with an itemized costs Ust for the mitigation components relating to the initial phase of work (Calavera HUls Phase II, CoUege Reaches B and C, detention basin BJB and Cannon 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 (CoUege 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 shaU submit tiie final bond for the amount approved by the Corps for the initial phase of work within 30 days of iiutiating waters/wetiands impact authorized by this permit. In the event mitigation costs exceed or otherwise deviate from the amount of the perfonnance bond (120% of anticipated cost of mitigation and monitoring) originaUy posted, the Permittee shaU revise the performance bond to reflect trae cost (based on the final Corps-approved mitigation and morutoring plan). The Permittee shaU submit the final bond for the amoimt 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 shaU abide by the terms and conditions of the Mitigation Guidelines & Monitoring Requfrements outlined 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, Califomia, dated April 3, 2002, as approved and revised by tiie Corps, and hereafter refened to as the "Plan" as foUows: 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 ttie two phases of impacts. The Permittee shaU record conservation easements, which shaU run with the land, obUgating the Permittee or thefr 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 CoUege 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 CoUege Reach A or detention basin BJ. 2.3.3 The Pennittee shaU 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 alkaU marsh, and 0.2 acre of non-wetland waters, as described in tiie Habitat Restoration and Monitoring Plan for the City of Carlsbad Bridge «Sc Thoroughfare District No. 4, the Calavera Hills Project, and the Detention Basins Project in Carlsbad, Califorrua, dated April 3,2002. 2.4 The Permittee shaU temporarily avoid work in areas near potentiaUy eUgible sites for listing under ttie 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, untU tiie Corps, in coordination with the State Historic Preservation Office, has completed the Section 106 process and a determination of findings is made. Until tiie process is complete, the Permittee shaU: 2.4.1 Place Exclusionary Fencing, five days prior to initiation of constraction, 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 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. 2.4.2 Perform aU further investigations, studies and mitigation, as dfrected by the Corps, to determine if site(s) is\(are) eUgible for listing under the NRHP. The Permittee shaU fund aU investigations requfred 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 shaU 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 resource investigations. Again, no constmction work shaU be conducted within the exclusion area until 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 witii 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 listed, or eUgible for listing, in the NRHP is authorized, until the District Engineer (DE) has complied with the provisions of 33 CFR Part 325, Appendbc C. The Pennittee must notify the DE if the authorized activity may affect any historic properties listed, determined to be eUgible for listing, or which the Pennittee has reason to beUeve may be eUgible for listing on the NRHP, and shaU not begin the activity imtU notified by the DE that the requfrements of the National Historic Preservation Act have been satisfied and that the activity is autiiorized. 2.4.5 Immediately suspend aU work in an area(s) where potential cultural resources are discovered prior to or during constmction and cannot be avoided. Work wiU not resume imtU the Corps re-authorizes project constmction, per 36 CFR 800.11. 3 pncf rnntinjrHnn: 3.1 The Permittee shaU 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 tiie measures identified above (including noncompUance and corrective actions taken to achieve compUance); and 3.1.2 As-buUt plans of tiie Calavera Hills, Phase H, project development witii a discussion of any variances from the autiiorized Plan. 3.2 The Penrattee shaU be responsible for nutigating any additional impacts to waters of the U.S. outside the auttiorized constmction footprints. Additional mitigation shaU be conducted at a minimum ratio of 5:1. In the event tiiat additional mitigation is requfred, tiie type of mitigation shaU be determined by the Corps and may indude enhancement restoration, creation, or preservation. 3.3 The Permittee shall submit morutoring reports, per the Mitigation Guidelines and Morutoring Requirements for the Plan (Condition No. 2.3 above) for mitigation efforts to the Corps for a ininimum 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 ttie 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 requfred by law. 2.2 This permit does not grant any property rights or exdusive privUeges. 2.3 This permit does not autiiorize any injury to the property or rights of otiiers. 2.4 This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal LiabUity. In issuuig this permit tiie Federal Govemment does not assume any UabiUty 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 permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of tiie United States in the pubUc interest 3.3 Damages to persons, property, or to other permitted or impermitted activities or stmctures caused by the activity autiiorized by this permit 3.4 Design or constmction deficiendes associated with the permitted work. 3.5 Damage daims associated with any future modification, suspension, or revocation of this permit. 4. ReUance on AppUcant's Data. The detennination of this office that issuance of this permit is not confrary to the pubUc interest was made in reUance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this pennit at any time the cfrcumstances warrant Cfrcumstances that could requfre a reevaluation include, but are not limited to, the foUowing: 5.1 You fail to comply with the terms and conditions of this permit. 5.2 The information provided by you in support of your permit 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 fri 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 adminisfrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You wiH be requfred to pay for any corrective measure ordered by this office, and if you faU to comply with such dfrective, this office may in certain situations (such as ttiose specified in 33 CFR 209.170) accomplish the conective measures by contrad or otherwise and bUl you for the cost 6. Extensions. General condition 1 estabUshes a time limit for the completion of the activity authorized by this permit. Unless there are cfrcumstances 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 this permit PERMHTEE T-l^fC^W S(//f DATE —< PERMriTEE pji^tO Mv^^ DATE This permit becomes effective when the Federal official, designated to act for the Secretary of tiie Army, has signed below. Mark F. Sudol, D.liAv. Chief, Regulatory Branch DATE When fhe stractures or work authorized by this pemnit are stiU in existoice at the time tiie property is fransferred, the terms and conditions of this pennit wUl continue to be binding on the new owner(s) of the property. To vaUdate the transfer of tins permit and the associated liabiUties assodated witii compliance with its terms and conditions, have the transferee sign and date below. mANSFEREE DATE LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Numben 2001-00215-RLK Name of Permittee: Claavera HiUs n, LLC Date of Issuance: Upon completion of fhe activity authorized by ttiis permit sign fhis certification and retum it to the foUowing address: Regulatory Branch - Los Angeles Distrid Office ATTN: CESPL-CO-R-2001-00215-RLK P.O. Box 532711 Los Angeles, CaUfomia 90053-2325 Please note that your permitted activity is subjed to a compUance inspection by an Army Corps of Engineers representative. If you faU to comply with this pennit you may be subject to permit 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 Permittee Date Signature of Penxuttee Date 10 ! fllAMS PROPOSED PROJECT STATE OF CAI IFORNIA-THE RESOURCES AGENCY GRAY DAVIS. Govemor DEPARTMENT OF FISH AND GAME South Coast Region 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4235 June 03, 2002 Flex POWER Calavera Hills II, LLC Attn: Brian Milich 2727 Hoover Avenue National City, CA 91950 Dear Mr. Milich: Enclosed is Streambed vMteration Agreement R5-2001-0007 that authorizes work on the Calavera Hills II projed impacting Calavera and Agua Hedionda Creeks in San Diego County. This action is authorized under Section 1600 of the Fish and Game Code and has been approved by the Califomia Department of Fish and Game. Pursuant to the requirements of the CaUfomia Environmental Quality^ Act/CEQA), the Department filed a Notice of Detennination (NOD) on the project on /O^/PZ Under CEQA regulations, the project has a 30-day statute of limitations on court challenges of the Department's approval under CEQA. The Department believes that the project fliUy meets the requirements of the Fish and Game Code and CEQA. However, if court challenges on the NOD are received during the 30- day period, then an additional review or even modification of the project may be requfred. If no comments are received during the 30-day period, then any subsequent comments need not be responded to. This information is provided to you so that if you choose to undertake the project prior to the close of the 30-day period, you do so with the knowledge that additional actions may be required based on the resuUs of any court challenges that are filed during that period. Please contact Tamara Spear at (858) 467-4223 if you have any questions regarding the Sfreambed Alteration Agreement. Sincerely, CF. Riysbrook Regional Manager Enclosure cc: Tamara Spear CALIFORNIA DEPARTMENT OF FISH AND GAME 4949 Viewridge Avenue San Diego, Califomia 92123 Notification R5-2001-0007 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of Califomia, Department of Fish and Game, hereinafter called the Department, and Mr. David Hauser. representing Citv of Carisbad. 1635 Faradav Avenue, Carlsbad. CA 92008-7314 and Mr. Brian Milich. representing Calavera Hills II. LLC. 2727 Hoover Avenue. National Citv. CA 91950 State of Califomia. hereinafter called the Operators, is as follows: WHEREAS, pursuant to Section 1601 of Califomia Fish and Game Code, the Operator, on the 5"" dav of January. 2001. notified the Department that they intend to divert or obstnjct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s): unnamed tributaries to Calavera and Agua Hedionda Creel<. Little Encinas Creek. Calavera Creek and Aqua Hedionda Creek, tributaries to Agua Hedionda Lagoon. San Diego County, Califomia, Section^ _Tovvnship_ Range_. WHEREAS, the Department (represented by Tamara Spear through a site visit on the 15"" day of Febraary. 2001) has detennined that such operations may substantially adversely affed those existing fish and wildlife resources within the streambed of unnamed tributaries to Calavera and Agua Hedionda Creek. Little Encinas Creek Calavera Creek and Agua Hedionda Creek, tributaries to Agua Hedionda Lagoon, specifically identified as follows:. Birds; Califomia gnatcatcher IPolioptila califomica califomica). least Bell's vireo (Vireo bellii pusillus). southwestem willow flycatcher (Empidonax traillii extimus). Cooper's hawk (Accipiter coopen). white-tailed kite (Elanus leucurus). northem harier (Circus cyaneus). sharp-shinned hawk (Acc/p/ters/na^us). red-tailed hawk (Buteo jamaicensis). loggerhead shrike (Lanius ludovicianus). Califomia quail (Ca///pep/a califomica). mouming dove (Zenaida macroura). Califomia homed lark (Eremophila alpestris actia). coastal cactus wren (Campylorhynchus brunneicapillus couesi). Nuttall's woodpecker (Picoides nuttaltii), black phoebe (Savomis nigricans), scmb iav (Aphelocoma coerulescens). American crow (Corpus brachyrhynchos). common raven (Corvus corax). Anna's hummingbird (Calypte anna). Bewick's wren (Thn/omanes bewickii). northem mockingbird (Mimus oolvalottos). vellow-mmped warbler (Dendroica coronata). spotted towhee (Pipilo maculatus). Califomia towhee (P/p//o crissalis). yellow-breasted chat (Icteria virens). Bell's saoe sparrow (Amohisoiza be///belli), blue grosbeak (Guiraca caemlea). tri-colored blackbird (Aaelaius tricolor): Amphibians: Pacific tree frog (Hyta reailta): Reptiles: San Diego homed lizard (Phrynosoma carinatum blainvillei). westem fence lizard (Sceloporous occidentalis). Belding's orangethroat whiptail (Cnemidophorus hyperythrus beldingi). coast patch-nosed snake (Salvadora hexalepis vimultea). red diamond rattlesnake (Crotalus exsul): Mammals: San Diego desert woodrat (Neotoma lepida intermedia), coyote (Canis latrans). desert cottontail (Svivilagus audubonii). San Diego black-tailed lack rabbit (Lepus catifomicus bennettii): Plants: thread-leaved brodiaea (Srod/aea filifolia). Nuttall's scmb oak (Quercus dumosa). Palmer's orapplinghook (Hamaoonella palmeri var. oalmeri). southwestem spiny msh (Juncus acutus). ashy spike-moss (Selaginella cinerascens). Califomia adolphia (Adolphia califomica), westem dichondra (Dichondra occidentalis): including the riparian woodland/scmb. riparian forest freshwater marsh, dsmontane alkali marsh, seasonal cismontane alkali marsh and surrounding native grassland, coastal sage scmb. chamise chaparral, southem mixed chaparral, eucalyptus woodland and non-native grassland which provide habitat for such species in the area. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the Operator's wori<. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. _ Page 1 of 6 STREAMBED ALTERATION AGREEMENT #R5-2001-0007 If the Operator's work changes from that stated in the notification specified above, this Agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this Agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this Agreement authorizes the Operator to trespass on any land or property, nor does it relieve the Operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated Agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with pemnits required from other agencies. This Agreement becomes effective the date of Department's signature and terminates Mav 15. 2007 for projed constraction onlv. This Agreement shall remain in effect for that time necessarv to satisfy the terms/conditions of this Agreement 1. The following provisions constitute the limit of activities agreed to and resolved by tfiis Agreement The signing of this Agreement does not imply that the Operator is preduded from doing other adivities at the site. However, activities not specifically agreed to and resolved by this Agreement shall be subjed to separate notification pursuant to Fish and Game Code Sections 1600 et seq. 2. The Operator proposes to alter the streambed of unnamed tributaries to Calavera and Agua Hedionda Creek. Little Encinas Creek. Calavera Creek and Agua Hedionda Creek, tributaries to Agua Hedionda Lagoon, to accommodate the constmdion of the Calavera Hills, II Development Projed and the constmdion of College Boulevard Reaches A, B and C, Cannon Road Reach 3, and Detention Basins BJ and BJB. The project is bounded by the existing northeriy villages of Calavera Hills on the north, and the El Camino Real/College Boulevard intersedion on the south, within the city of Carisbad, San Diego County. The projed impacts 2.87 acres of streambed. 3. The agreed wori< includes adivities associated with No. 2 above. The projed area is located within the streambed of unnamed tributaries to Calavera and Agua Hedionda Creek. Little Encinas Creek. Calavera Creek and Agua Hedionda Creek, tributaries to Agua Hedionda Lagoon. San Diego County. Specific wori< areas and mitigation measures are described on/in the plans and documents submitted by the Operator, including a "Biological Technical Report for the Calavera Hill Master Pian Phase II. Bridge and Thoroughfare District and Detention Basin". prepared bv RECON. Environmental Consultants, dated Mav 10. 2000: "Final Habitat Restoration and Monitoring Plan for the City of Carisbad Bridge & Thoroughfare District No. 4. the Calavera Hills Projed. and the Detention Basins Proied in Carisbad. CA". prepared bv RECON Environmental Consultants, dated April 3. 2002: a "Final EIR forthe Calavera Hills Master Plan Phase II. Bridge and Thoroughfare Distrid No. 4. & Detention Basins", prepared by RECON Environmental Consultants, dated November 2001: a "Biological Assessment for the Calavera Hills Master Plan Phase II & Bridge and Thoroughfare Distrid no. 4 & Detention Basin Proied. City of Carisbad. CA". prepared by RECON Environmental Consultants, dated August 21. 2000: and shall be implemented as proposed unless direded differently by this agreement 4. The Operator shall not impact more than 2.87 acres of jurisdidional streambed comprised of 2.42 acres riparian woodland/scrub, 0.18 acre dsmontane alkali marsh, 0.05 freshwater marsh, and 0.24 acre unvegetated streambed. Impacts to riparian woodland/ scmb shall be mitigated at a 4:1 ratio, cismontane alkali marsh and freshwater marsh shall be mitigated at a 3:1 ratio and unvegetated waters at 1:1 for a total mitigation acreage requirement of 10.61 acres (9.68 riparian woodland/scrub, 0.54 dsmontane alkali marsh, 0.15 freshwater marsh and 0.24 unvegetated streambed). All mitigation shall be in-kind with the exception of unvegetated streambed. All mitigation shall occur on-site at two locations. One mitigation area is upstream along Calavera Creek and the other is within detention basin "BJ" along Little Endnas Creek. The Operator has assured the Department that detention basin "BJ" will not require maintenance adivities. Note: A _ Page 2 of 6 STREAMBED ALTERATION AGREEMENT #R5-2001-0007 20-foot distance out from the basin inlet will require maintenance to keep obstradions away from the culvert, but this area is not counted as mitigation. Any impads generated beyond those described within this agreement shall be mitigated in-kind at a 5:1 ratio. 5. The Operator shall submit a Final Revegetation, Mitigation and Monitoring Plan for tiie 10.61 acres of wetland habitat restoration, creation and enhancement areas on-site. The plan shall include a description of the proposed numbers, container sizes and planting location by species, monitoring adivities (locations, techniques, scheduling, etc.), maintenance operations with emphasis on watering methods and schedules; the removal of invasive plant spedes, area treated, techniques to be used, and schedule and success criteria for controlling invasive plants; and any/all other references to revegetation and restoration activities specified by this agreemerit. The Operator shall receive Department approval of the plan prior to project initiation/impacts. All revegetation (7.7 acres) of mitigation for Phase 1 impads (Calavera Hills development, college Blvd. Reaches B and C, Cannon Road Reach 3, Detention Basin BJB) shall be installed no later than November 15. 2004. All revegetation (3.0 acres) of mitigation for Phase 2 impacts (College Boulevard Reach A, Detention Basin BJ) shall be installed no later than Mav 15. 2007. 6. The Operator shall not remove vegetation within the stream from March 15 to September 1 to avoid impacts to nesting birds. 7. The Operator shall have a qualified biologist onsite daily during any impacts to vegetation for the purpose of monitoring and enforcing conditions of this agreement. 8. No equipment shall be operated in ponded or flowing areas except for activities autiiorized by this agreement . 9. Disturiaance or removal of vegetation shall not exceed the limits approved by the Department. The disturtsed portions of any stream channel shall be restored. Restoration shall include the revegetation of stripped or exposed areas with vegetation native to the area. 10. Installation of bridges, culverts, or other stmdures shall be such that water flow is not impaired, except for activity authorized by this agreement Bottoms of temporary culverts shall be placed at stream channel grade; bottoms of pennanent culverts shall be placed at or below stream channel grade. 11. Preparation shall be made so that mnoff from steep, erodible suri'aces will be diverted into stable areas with little erosion potential. Frequent water checks shall be placed on dirt roads, cat tracks, or other work trails to control erosion. 12. Water containing mud. silt or other pollutants from aggregate washing or other activities shall not be allowed to enter a lake or flowing stream or placed in locations that may be subjeded to high storm flows. 13. Stmctures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 14. The perimeter of the work site shall be adequately flagged to prevent damage to adjacent riparian habitat. 15. Staging/storage areas for equipment and materials shall be located outside of the stream. 16. The Operator shall comply with all litter and pollution laws. All contradors, subcontradors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 17. If a stream's low flow channel, bed or banks have been altered, these shall be retumed as - Page 3 of 6 STREAMBED ALTERATION AGREEMENT #R5-2001-0007 neariy as possible to their original configuration and width, without creating future erosion problems, excepting the2.87 acre of streambed impacts associated with condition No. 2 above. 18. Access to the work site shall be via existing roads and access ramps. 19. All mitigation planting shall have a minimum of 100% survival the first year and 80% survival thereafter and/or shall attain 75% cover after 3 years and 90% cover after 5 years for the life of the project If the survival and cover requirements have not been met, the Operator is responsible for replacement planting to achieve these requirements. Replacement plants shall be monitored with the same survival and growth requirements. 20. All mitigation planting shall be done between Odober 1 and April 30 to take advantage of the winter rainy season. 21. An annual report shall be submitted to the Department by January 1 (following the first growing season) of each year for 5 years after planting. This report shall include the survival, percent cover, and height of both tree and shmb species. The number by species of plants replaced, an overview of the revegetation effort, and the method used to assess these parameters shall also be included. Photos from designated photo stations shall be included. 22. A security in the fomri of an irrevocable letter of credit for the amount of 120% of the complete on-site restoration shall be submitted to the Department prior to initiation of constmdion activities. This amount shall be based on a cost estimate which shall be submitted to the Department for approval within 30 days of signing this Agreement The security shall be approved by the Department's legal advisors prior to its execution, and shall allow the Department at its sole discretion to recover funds immediately if the Department determines there has been a default The legal advisors can be contacted at (916)654-3821. In lieu of the security described above, the Operator may provide written evidence to the Department's satisfaction that security in the form of a perfomiance bond has been provided to the U.S. Army Corps of Engineers for the same restoration mitigation plan, within 30 day of signing this agreement 23. A biological conservation easement shall be recorded on the riparian mitigation areas of the project to proted fish and wildlife resources in perpetuity. The easement shall be in favor of the Center for Lands Management, the Department or the Department's designated agent and shall be recorded within one year of signing this agreement, or as extended by the Department The fomn and content of the easement shall be approved by the Department's legal advisors prior to its execution. 24. All terms and conditions under the federal Biological Opinion No. 1-6-01-F-1597 and Army Corps permit No.200100215-SKB shall be enforceable by the Department underthis agreement 24. Spoil sites shall not be located within a stream, where spoil could be washed back into a stream/lake, or cover aquatic or riparian vegetation. 25. Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum produds, or any other substances which could be hazardous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the state. These materials, placed within or where they may enter a stream/lake, by Operator or any party worthing under contract, or with the permission of the Operator, shall be removed immediately. 26. No debris, soil, silt, sand, bari<, slash, sawdust, mbbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any constmction, or assodated activity of whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or mnoff into, waters of the State. When operations are completed, any excess materials or debris shall be removed from the wori^ area. No mbbish shall be deposited within 150 feet of the high water mark of any stream or lake. _ Page 4 of 6 STREAMBED ALTERATION AGREEMENT #R5-2001-0007 27. No equipment maintenance shall be done within or near any stream channel where petroleum produds or other pollutants from the equipment may enter these areas under any flow. 28. The Operator shall provide a copy of this Agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the Agreement shall be readily available at work sites at ali times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 29. The Department reserves the right to enter the projed site at any time to ensure compliance with terms/conditions of this Agreement. 30. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 4949 Viewridge Avenue, San Diego, CA 92123 Attn: Tamara A. Spear 31. It is understood the Department has entered into this Streambed Alteration Agreement for purposes of establishing protedive features for fish and wildlife. The decision to proceed with the project is the sole responsibility of the Operator, and is not required by this agreement It is further agreed ail liabiiity and/or incurred cost related to or arising out ofthe Operator's project and the fish and wildlife protective conditions of this agreement, remain the sole responsibility of the Operator. The Operator agrees to hold harmless the State of Califomia and the Department of Fish and Game against any related claim made by apy party or parties for personal injury or any other damages. 32. The Operator shall request an extension of this agreement prior to its temiination. Extensions may be granted for up to 12 months from the date of termination of the agreement and are subject to Departmental approval. The extension request and fees shall be submitted to the Department's Region 5 office at the above address. If the Operator fails to request the extension prior to the agreement's termination, then the Operator shalt submit a new notification witii fees and required information to the Department Any adivities conduded under an expired agreement are a violation of Fish and Game Code Section 1600 et seq. 33. The Department reserves the right to suspend or cancel this Agreement for other reasons, including but not limited to the following: a. The Department determines that the infonmation provided by the Operator in support of the Notification/Agreement is incomplete or inaccurate; b. The Department obtains new infonnation that was not known to it in preparing the tenms and conditions of the Agreement; c. The projed or projed activities as described in the Notification/Agreement have changed; d. The conditions affeding fish and wildlife resources change or the Department determines that projed adivities will result in a substantial adverse effed on the environment 34. Before any suspension or cancellation of the Agreement, the Department will notify the Operator in writing of the circumstances which the Department believes warrant suspension or cancellation. The Operator will have seven (7) worthing days from the date of receipt of tills notification to respond in writing to the circumstances described in the Department's notification. During the seven (7) day response period, the Operator shall immediately cease any project activities which the Department specified in its notification. The Operator shall not continue the specified activities until that time when the Department notifies the Operator in writing that adequate methods and/or measures have been identified and agreed upon to mitigate or eliminate the significant adverse effect Page 5 of 6 CONCURRENCE (City of Carisbad) (signature) /(dat^) Mr. David Hauser (title) fCalavera Hills II^LC), (signature) Mr. Brian Milich (title) STREAMBED ALTERATION AGREEMENT #R5-2001-0007 Califomia Dept of Fish and Game ^^^^ ^y/r^dU (signature) (d^te)^ CF. Ravsbrook. Regional Manager (title) Page 6 of 6 City of Carlsbad 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008-7314 (760) 620-2720 PUBLIC WORKS/ENGINEERING DEPARTMENT TO: Jeanie Domingues Concordia Homes 760.722.3966 LETTER OF TRANSMITTAL DATE 07/24/2002 JOB NO. 3882 ATTENTION Jeanie Domingues Calavera Hills/College Blvd. & Cannon Rd. WE ARE SENDING YOU • Shop Drawings • Copy of letter Dated ^ Attached • Under separate cover via • Prints • Plans • Samples • Specifications • Change Order |^ Pick-up at Engineering Counter the following items: COPIES DATE NO. DESCRIPTION 1 Calavera Hills II Resource Agency Permits 1 College Blvd. & Cannon Rd. 30% plans sheets 1-9 and 14-19 THESE ARE TRANSMITTED AS CHECKED BELOW: n Forapproval ^ For your use As requested • For review and comment • For your action • For checking • Approved as submitted • Approved as noted , copies for approval • Resubmit • Design only, not for construction • Retum corrected prints • Returned for corrections • REIVIARKS Per your request at a meeting with David Hauser. Please call me at 760-602-2746 if you have questions or need more information. COPY TO: File SIGNED: / T 0AU Carrie Loya-Smalley Senior Civil Engineer \f enclosures are not as noted, kindly notify us at once.